relate exclusively to the bilateral relationship between the EU Party and such signatory Andean Country; or

have been discussed in a session within a ‘specialised body’ in which only the EU Party and one signatory Andean Country have participated, and that matter has been referred to the Trade Committee.

supervise and facilitate the operation of this Agreement and the correct application of its provisions, and consider other ways to attain its general objectives;

evaluate the results obtained from the application of this Agreement, in particular the evolution of the trade and economic relations between the Parties;

supervise the work of all specialised bodies established under this Agreement and recommend any necessary action;

evaluate and adopt decisions as envisaged in this Agreement regarding any subject matter which is referred to it by the specialised bodies established according to this Agreement;

oversee the application of Article 105;

supervise the further development of this Agreement;

without prejudice to the rights conferred in Title XII (Dispute Settlement) and other provisions of this Agreement, explore the most appropriate way to prevent or solve any difficulty that may arise in relation to issues covered by this Agreement;

adopt, at its first meeting, the Rules of Procedure and the Code of Conduct for arbitrators referred to in Article 315;

establish the remuneration and expenses to be paid to arbitrators;

adopt its own rules of procedure, as well as its meeting schedule and the agenda for its meetings;

consider any other matter of interest relating to an area covered by this Agreement.

establish and delegate responsibilities to specialised bodies;

receive or seek information from any interested person;

agree to the initiation of negotiations, with the aim of deepening the liberalisation already achieved in sectors covered by this Agreement;

consider any amendment or modification to the provisions of this Agreement, which shall be subject to the completion of the internal legal procedures of each Party;

adopt interpretations of the provisions of this Agreement ( 5 ). Such interpretations shall be taken into consideration by arbitration panels established under Title XII (Dispute Settlement);

take such other action in the exercise of its functions as the Parties may agree;

advance in the achievement of the objectives of this Agreement by means of modifications provided for therein, of:

Sub-committee on Market Access;

Sub-committee on Agriculture;

Sub-committee on Technical Obstacles to Trade;

Sub-committee on Customs, Trade Facilitation and Rules of Origin;

Sub-committee on Government Procurement;

Sub-committee on Trade and Sustainable Development;

Sub-committee on Sanitary and Phytosanitary Measures; and

Sub-committee on Intellectual Property.

prepare the agenda and coordinate the preparation of Trade Committee meetings;

follow up on the decisions adopted by the Trade Committee, as appropriate;

act as contact points to facilitate communication between the Parties on any matter covered by this Agreement, unless otherwise provided in this Agreement;

receive any notifications and information submitted under this Agreement, including any notification or information submitted to the Trade Committee unless provided otherwise; and

consider any other matter that may affect the operation of this Agreement, as requested by the Trade Committee.

raising a customs duty to the level established in Annex I (Tariff Elimination Schedules) for the respective year, following a unilateral reduction; or

maintaining or increasing a customs duty in accordance with the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes (hereinafter referred to as ‘DSU’) or Title XII (Dispute Settlement).

the MFN rate applied; or

the base tariff rate as specified in Annex I (Tariff Elimination Schedules).

a safeguard measure under Chapter 2 (Trade Remedies); or

a measure under Article XIX of GATT 1994 and Safeguards Agreement.

as from the date on which a good is subject to duty-free treatment under Annex I (Tariff Elimination Schedules), except as otherwise provided in subparagraph (b); or

after the expiry of the transition period set out in the list of the Party in Annex IV (Agricultural Safeguard Measures); or

that increases a customs duty within a tariff rate quota.

promoting trade in goods between the Parties, including through consultations on accelerating and broadening the scope of tariff elimination under this Agreement and other issues as appropriate;

addressing any non-tariff measure which may restrict trade in goods between the Parties and, if appropriate, referring such matters to the Trade Committee for its consideration;

providing advice and recommendations to the Trade Committee on cooperation needs regarding market access matters;

consulting on, and endeavouring to resolve, any difference that may arise between the Parties on matters related to amendments to the Harmonized System, including the classification of goods, to ensure that the obligations of each Party under this Agreement are not altered.

monitor and promote cooperation on the implementation and administration of Section 4, in order to facilitate the trade of agricultural goods between the Parties;

resolve any unjustified obstacle in the trade of agricultural goods between the Parties;

consult on matters related to Section 4 in coordination with other relevant sub-committees, working groups or any other specialised body under this Agreement;

evaluate the development of agricultural trade between the Parties and the impact of this Agreement on the agricultural sector of each Party, as well as the operation of the instruments of this Agreement, and recommend any appropriate action to the Trade Committee;

undertake any additional work that the Trade Committee may assign to it; and

report and submit for consideration of the Trade Committee the results of its work under this paragraph.

except to the extent, and for such period of time, as may be necessary to prevent or remedy serious injury pursuant to Article 48;

for a period exceeding two years; this period may exceptionally be extended by another two years if:

the total period of application of a safeguard measure, including the period of initial application and any extension thereof, shall not exceed four years.

international instruments and standards applicable in the area of customs and trade, including the substantive elements of the Revised Kyoto Convention on the Simplification and Harmonisation of Customs Procedures (hereinafter referred as ‘Revised Kyoto Convention’), the International Convention on the Harmonized Commodity Description and Coding System (hereinafter referred as ‘HS Convention’), the Framework of Standards to Secure and Facilitate Global Trade of the World Customs Organisation (hereinafter referred as ‘WCO SAFE’) and the Customs Data Model of the WCO (hereinafter referred as ‘Data Model’);

the protection and facilitation of trade through effective enforcement of and compliance with the legal requirements;

requirements for economic operators that are reasonable, non-discriminatory and prevent fraud;

the use of a single administrative document or its electronic equivalent, for the purposes of filing customs declarations at import and export;

the application of modern customs techniques, including risk assessment, simplified procedures for entry and release of goods, post release controls, and company audit methods;

the progressive development of systems, including those based upon information technology, to facilitate the electronic exchange of data between economic operators, customs administrations and other related agencies. To this end, and to the extent possible, each Party shall progressively work towards the establishment of a single window in order to facilitate external trade operations;

rules that ensure that any penalty imposed for breaches of customs regulations or procedural requirements is proportionate and non-discriminatory, and the application of which shall not unduly delay the release of goods;

fees and charges that are reasonable and do not exceed the cost of the service provided in relation to a specific transaction, and are not calculated upon an ad valorem basis. Fees and charges shall not be imposed for consular services;

the elimination of any requirement for the mandatory use of pre-shipment inspections or their equivalent; and

the need to ensure that all competent administrative entities that intervene in the control and physical inspection of goods subject to importation or exportation perform their activities, whenever possible, in a simultaneous manner and in a single place.

take further actions with a view to reducing, simplifying and standardising data and documentation required by customs and other agencies;

simplify requirements and formalities wherever possible, in respect of the prompt clearance and release of goods, allowing importers to carry out customs release without the payment of customs duties, subject to the constitution of a guarantee, according to domestic legislation, in order to ensure the final payment of customs duties, fees and charges;

provide effective, prompt, non-discriminatory and easily accessible procedures to guarantee the right to appeal customs administrative rulings and decisions affecting imports, exports or goods in transit. Procedures shall be easily accessible, including to Micro and SMEs; and

ensure that the highest standards of integrity are maintained, through the application of measures reflecting the principles of the relevant international conventions and instruments in this area.

exchanges of information concerning customs legislation, procedures and techniques in the following areas:

the development of joint initiatives in mutually agreed areas; and

the promotion of coordination among related agencies.

monitor the implementation and administration of this Chapter and of Annex II (Concerning the Definition of the Concept of ‘Originating Products’ and Methods of Administrative Cooperation);

provide a forum to consult and discuss on all issues concerning customs, including in particular customs procedures, customs valuation, tariff regimes, customs nomenclature, customs cooperation and mutual administrative assistance in customs matters;

provide a forum to consult and discuss issues relating to rules of origin and administrative cooperation;

enhance cooperation on the development, application and enforcement of customs procedures, mutual administrative assistance in customs matters, rules of origin and administrative cooperation;

submit to the Trade Committee proposals for modifications to Annex II (Concerning the Definition of the Concept of ‘Originating Products’ and Methods of Administrative Cooperation) for their adoption;

provide a forum to consult and discuss requests for cumulation of origin under Articles 3 and 4 of Annex II (Concerning the Definition of the Concept of ‘Originating Products’ and Methods of Administrative Cooperation);

endeavour to reach mutually satisfactory solutions when differences between the Parties arise after a verification process conducted under Article 31 of Annex II (Concerning the Definition of the Concept of ‘Originating Products’ and Methods of Administrative Cooperation);

endeavour to reach mutually satisfactory solutions when differences regarding the tariff classification of goods arise between the Parties. If the matter is not resolved in the course of these consultations, it shall be referred to the Harmonized System Committee of the WCO. Such decisions shall be binding for the Parties involved.

enhancing institutional cooperation between the Parties;

providing expertise and capacity building on legislative and technical matters to develop and enforce customs legislation;

the application of modern customs techniques, including risk management, binding advance rulings, customs valuation, simplified procedures for entry and release of goods, post release controls, corporate audit methods and AEO;

the introduction of procedures and practices reflecting, to the extent practicable, international instruments and standards applicable in the area of customs and trade, including WTO rules and WCO instruments and standards, inter alia the Revised Kyoto Convention and the WCO SAFE; and

the simplification, harmonisation and automation of customs procedures.

purchasing specifications prepared by governmental bodies for production or consumption requirements of such bodies; and

sanitary and phytosanitary measures.

intensifying mutual cooperation to facilitate access to their markets and to increase knowledge and understanding of their respective systems;

identifying, developing and promoting initiatives that facilitate trade taking their respective experience into consideration. These initiatives may include, among others:

maintaining effective communication between its regulatory authorities and its standardisation institutions;

applying the Decision of the Committee on Principles for the Development of International Standards, Guides and Recommendations with Relation to Articles 2, 5 and Annex 3 of the Agreement adopted by the WTO Committee on Technical Barriers to Trade on 13 November 2000, when determining whether an international standard, guide or recommendation exists within the meaning of Articles 2 and 5 and in Annex 3 to the TBT Agreement;

encouraging its standardisation bodies to cooperate with the relevant standardisation bodies of another Party in international standardisation activities. Such cooperation may be undertaken in the international standardisation bodies or at regional level when invited by the corresponding standardisation body or via memoranda of understanding with the aim, among others, of developing common standards;

exchanging information on the use of standards by the Parties in connection with technical regulations and ensure, to the extent possible, that standards are not mandatory;

exchanging information on the standardisation processes of each Party and the extent of the use of international, regional or sub-regional standards as the basis for national standards; and

exchanging general information on cooperation agreements concluded with third countries on standardisation matters.

on acceptance of a declaration of conformity from the supplier ( 16 );

on acceptance of the results of the conformity assessment procedures of the bodies located in the territory of another Party;

that a conformity assessment body located in the territory of a Party may enter into voluntary recognition agreements with a conformity assessment body located in the territory of another Party for the acceptance of the results of its conformity assessment procedures;

on the designation of conformity assessment bodies located in the territory of another Party; and

on the adoption of accreditation procedures to qualify the conformity assessment bodies located in the territory of another Party.

ensuring that the non-governmental bodies used in conformity assessment may compete;

promoting the acceptance in conformity assessment processes of the results issued by bodies recognised under a multilateral accreditation agreement or by an agreement reached between some of their respective conformity assessment bodies;

considering initiating negotiations in order to reach agreements facilitating the acceptance in their territories of the results of conformity assessment procedures conducted by bodies located in the territory of another Party, when it is in the interest of the Parties and it is economically justified; and

encouraging their conformity assessment bodies to take part in agreements with the conformity assessment bodies of another Party for the acceptance of conformity assessment results.

permanent marking or labelling shall be required only when the information is relevant for consumers or users of the product or to indicate the conformity of the product with the mandatory technical requirements;

additional information on the packing or packaging of the product by means of non-permanent labels may be required, when necessary to ensure market surveillance by the competent authorities;

in relation to the information referred to in subparagraph (b), when reviewing the applicable rules, such Party shall examine the possibility of requiring that information to be provided by other means;

unless necessary in view of the risk of the products to human, animal or plant health or life, the environment or national safety, such Party shall not require the approval, registration or certification of labels or markings as a precondition for sale on their respective markets. This subparagraph is without prejudice to measures adopted by a Party pursuant to its domestic rules to verify the compliance of labels with the mandatory requirements, and measures taken to control practices which may mislead consumers;

when a Party requires the use of an identification number by the economic operator, this shall be issued without undue delay;

provided it is not misleading, contradictory or confusing in relation to the information required in the country of destination of the goods, such Party shall allow:

when the legitimate objectives established in the TBT Agreement are not compromised, such Party shall endeavour to accept non-permanent or removable labels, or having the information provided by means of the product manual, packing or packaging instead of it being printed on or physically adhered to the product.

may only require the following information to be permanently marked or labelled:

shall not establish:

follow up and evaluate the implementation and administration of, and compliance with, this Chapter;

address adequately any issue that a Party raises relating to this Chapter and the TBT Agreement;

contribute to the identification of priorities on cooperation matters and the technical assistance programmes in the area of standards, technical regulations, conformity assessment procedures, accreditation, metrology, border control and market surveillance and examine the progress or results obtained;

exchange information on the work carried out in non-governmental, regional and multilateral fora involved in activities relating to standards, technical regulations and conformity assessment procedures;

upon request of a Party, consult on any matter arising under this Chapter and the TBT Agreement;

establish, when required to achieve the objectives of this Chapter, working groups to deal with specific matters relating to this Chapter and TBT Agreement, clearly defining the scope and responsibilities of those working groups;

facilitate, as appropriate, dialogue and cooperation between the regulators in accordance with this Chapter;

pursuant to Article 75 subparagraph 1(b) of this Chapter, draw up a work programme in matters of mutual interest to the Parties, which shall be revised periodically;

explore all other matters relating to this Chapter which may help to improve access to the markets of the Parties;

revise this Chapter in light of any developments under the TBT Agreement and of the decisions or recommendations of the WTO Committee on Technical Barriers to Trade, and make suggestions on possible amendments to this Chapter;

inform, if deemed appropriate, the Trade Committee about the implementation of this Chapter; and

take any other action which the Parties consider would assist them in the implementation of this Chapter and of the TBT Agreement and in facilitating trade.

in a transparent manner,

without undue delays; and

in conditions and requirements, including costs, which should be no higher than the actual cost of the service and be equitable in relation to any fees charged on like domestic products of the Parties.

carry out, in accordance with the Guidelines set out under Appendix 3 of Annex VI (Sanitary and Phytosanitary Measures), verification of all or part of the control system of the authorities of another Party; the expenses of such verification shall be borne by the Party carrying out the verification; and

receive information from the other Parties about their control system and of the results of controls carried out under that system.

pursue transparency as regards SPS measures applicable to trade and, in particular, to the SPS requirements applied to imports of the other Parties;

enhance mutual understanding of the SPS measures of each Party and their application;

exchange information on matters related to the development and application of SPS measures, including the progress on new available scientific evidence, that affect or may affect trade between the Parties, with a view to minimising negative trade effects;

communicate, upon the request of a Party and within 15 working days following the date of such request, the requirements that apply for the import of specific products, including if a risk assessment is needed;

communicate, upon request of a Party the status of the procedure for the authorisation of the import of specific products.

develop and monitor the implementation of this Chapter;

provide a forum for discussing problems arising from the application of SPS measures and the application of this Chapter, and identify possible solutions;

discuss the need to establish joint study programmes, in particular in relation to the establishment of specific limits;

identify cooperation needs;

conduct the consultations established in Article 104 concerning the settlement of disputes arising under this Chapter;

conduct the consultations established in Article 100 of this Chapter concerning special and differential treatment; and

perform any other function mutually agreed between the Parties.

products originating in a signatory Andean Country shall benefit from free movement of goods within the territory of the European Union under the conditions established by the Treaty on the Functioning of the European Union for free movement of goods originating in third countries;

subject to the provisions of the Andean Subregional Integration Agreement, (hereinafter referred to as the ‘Cartagena Agreement’), regarding movement of goods, the signatory Andean Countries will grant each other a treatment no less favourable than that granted to the EU Party pursuant to this Agreement. This obligation is not subject to Title XII (Dispute Settlement);

having regard to Article 10, the signatory Andean Countries will make their best efforts to facilitate the movement of goods originating in the European Union between their territories and to avoid duplication of procedures and controls.

on Customs matters, the signatory Andean Countries will apply to goods originating in the European Union and arriving from another signatory Andean Country, the most favourable customs procedures applicable to goods from other signatory Andean Countries;

on Technical Barriers to Trade matters:

on Sanitary and Phytosanitary measures matters, the signatory Andean Countries will allow goods originating in the European Union to benefit from the harmonised procedures and requirements applied to trade. The SPS Subcommittee will examine the application of this subparagraph.

necessary to protect public morals or to maintain public order ( 18 );

necessary to protect human, animal or plant life or health, including those environmental measures necessary to this effect;

relating to the importations or exportations of gold or silver;

necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement, including those relating to customs enforcement, the enforcement of monopolies operated in conformity with Article 27, the protection of intellectual property rights and the prevention of deceptive practices;

relating to the products of prison labour;

imposed for the protection of national treasures of artistic, historic or archaeological value;

relating to the conservation of living and non-living exhaustible natural resources, if such measures are made effective in conjunction with restrictions on domestic production or consumption;

undertaken in pursuance of obligations under any intergovernmental commodity agreement which conforms to criteria submitted to the Parties and not disapproved by them or which is itself so submitted and not so disapproved ( 19 );

involving restrictions on exports of domestic materials necessary to ensure essential quantities of such materials to a domestic processing industry during periods when the domestic price of such materials is held below the world price as part of a governmental stabilisation plan; provided that such restrictions shall not operate to increase the exports of, or the protection afforded to, such domestic industry, and shall not depart from the provisions of this Agreement relating to non-discrimination; and

essential to the acquisition or distribution of products in general or local short supply; provided that any such measures shall be consistent with the principle that all Parties are entitled to an equitable share of the international supply of such products, and that any such measures, which are inconsistent with the other provisions of this Agreement shall be discontinued as soon as the conditions giving rise to them have ceased to exist.

limitations on the number of establishments whether in the form of numerical quotas, monopolies, exclusive rights or other establishment requirements such as economic needs test;

limitations on the total value of transactions or assets in the form of numerical quotas or the requirement of an economic needs test;

limitations on the total number of operations or on the total quantity of output expressed in terms of designated numerical units in the form of quotas or the requirement of an economic needs test ( 29 );

limitations on the total number of natural persons that may be employed in a particular economic activity or that an establishment may employ and who are necessary for, and directly related to, the performance of an economic activity in the form of numerical quotas or the requirement of an economic needs test;

limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment; and

measures which restrict or require specific types of establishment (subsidiary, branch, representative office) or joint ventures through which an investor of another Party may perform an economic activity ( 30 ).

limitations on the number of services suppliers whether in the form of numerical quotas, monopolies, exclusive service suppliers or the requirements of an economic needs test;

limitations on the total value of service transactions or assets in the form of numerical quotas or the requirement of an economic needs test; and

limitations on the total number of service operations or on the total quantity of service output expressed in terms of designated numerical units in the form of quotas or the requirement of an economic needs test ( 34 ).

legal advisory services in respect of public international law and foreign law; in the case of the EU Party, European Union law (hereinafter referred to ‘EU law’) shall not be considered as public international law or foreign law;

accounting, and book-keeping services;

taxation advisory services;

architectural services;

urban planning and landscape architectural services;

engineering services;

integrated engineering services;

medical (including psychologists) and dental services;

veterinary services;

midwives services;

services provided by nurses, physiotherapists and paramedical personnel;

computer and related services;

market research and opinion polling;

management consulting services;

services related to management consulting;

design services;

chemical engineering, pharmaceutics, and photochemistry;

services in cosmetics technology;

specialised services in technology, engineering, marketing and sales for the automotive sector;

commercial design services and marketing for the fashion textile industry, garments, footwear and articles; and

maintenance and repair of equipment, including transportation equipment notably in the context of an after-sales or after-lease services contract.

legal advisory services in respect of public international law and foreign law (in the case of the EU Party, EU law shall not be considered as public international law or foreign law);

accounting, and book-keeping services;

taxation advisory services;

architectural services;

urban planning and landscape architectural services;

engineering services;

integrated engineering services;

medical (including psychologists) and dental services;

veterinary services;

midwives services;

computer and related services;

market research and opinion polling;

management consulting services; and

services related to management consulting.

legal advisory services in respect of public international law and foreign law; in the case of the EU Party, EU law shall not be considered as public international law or foreign law;

accounting, and book-keeping services;

architectural services;

urban planning and landscape architectural services;

engineering services;

integrated engineering services;

medical (including psychologists) and dental services;

veterinary services;

computer and related services;

market research and opinion polling;

management consulting services;

services related to management consulting;

design services;

chemical engineering, pharmaceutics, and photochemistry;

services in cosmetics technology;

specialised services in technology, engineering, marketing and sales for the automotive sector;

commercial design services and marketing for the fashion textile industry, garments, footwear and articles; and

maintenance and repair of equipment, including transportation equipment notably in the context of an after-sales or after-lease services contract.

natural persons must be engaged in the supply of a service on a temporary basis as employees of a juridical person which has obtained a service contract not exceeding 12 months;

natural persons entering the territory of another Party should be offering such services as employees of the juridical person supplying the services for at least the year immediately preceding the date of submission of an application for entry into the territory of such other Party; in addition, a natural person must possess, at the date of submission of an application for entry into the territory of a Party, at least three years of professional experience ( 42 ) in the sector of activity which is the subject of the contract;

natural persons entering the territory of another Party must:

natural persons shall not receive remuneration for the supply of services other than the remuneration paid by the juridical person where they are employed during their stay in the territory of another Party;

entry and temporary stay of natural persons within the Party concerned shall be for a cumulative period of no longer than six months or, in the case of Luxembourg, 25 weeks in any 12-month period or for the duration of the contract, whichever is shorter;

access accorded under this Article relates only to the service activity which is the subject of the contract, and does not confer entitlement to exercise the professional title of the Party where the service is provided;

the number of persons covered by the services contract shall not be higher than necessary to fulfil the contract, as it may be established by the law, regulations and requirements of the Party where the service is supplied;

other discriminatory limitations, including on the number of natural persons in the form of economic needs tests, which are specified in Appendix 2 of Annex IX (Reservations Regarding Temporary Presence of Natural Persons for Business Purposes).

legal advisory services in respect of public international law and foreign law (in the case of the EU Party, ‘EU law’ shall not be considered as public international law or foreign law);

architectural services;

engineering services;

integrated engineering services;

computer and related services;

market research and opinion polling;

management consulting services;

services related to management consulting;

translation and interpretation services; and

specialised services in technology, engineering, marketing and sales for the automotive sector.

legal advisory services in respect of public international law and foreign law (in the case of the EU Party, ‘EU law’ shall not be considered as public international law or foreign law);

architectural services;

engineering services;

integrated engineering services;

computer and related services;

market research and opinion polling;

management consulting service; and

services related to management consulting.

legal advisory services in respect of public international law and foreign law (in the case of the EU Party, EU law shall not be considered as public international law or foreign law);

architectural services;

engineering services;

integrated engineering services;

computer and related services;

market research and opinion polling;

management consulting services;

services related to management consulting; and

specialised services in technology, engineering, marketing and sales for the automotive sector.

natural persons must be engaged in the supply of a service on a temporary basis as self-employed persons established in another Party and must have obtained a service contract for a period not exceeding 12 months;

natural persons entering the territory of another Party must possess, at the date of submission of an application for entry into such other Party, at least six years' professional experience in the sector of activity which is the subject of the contract;

the natural persons entering the territory of another Party must:

the entry and temporary stay of natural persons within the Party concerned shall be for a cumulative period of not more than six months or, in the case of Luxembourg, 25 weeks in any 12-month period or for the duration of the contract, whichever is shorter;

access accorded under this Article relates only to the service activity which is the subject of the contract; it does not confer entitlement to exercise the professional title of the Party where the service is provided; and

other discriminatory limitations, including on the number of natural persons in the form of economic needs tests, which are specified in Appendix 2 of Annex IX (Reservations Regarding Temporary Presence of Natural Persons for Business Purposes).

research and design: technical, scientific and statistical researchers on behalf of a company located in the territory of another Party;

marketing research: personnel conducting research or analysis, including market research, on behalf of a company established in the territory of another Party;

trade fairs and exhibitions: personnel attending a trade fair for the purpose of promoting their company or its products or services; and

tourism personnel (hotel representatives, tour and travel agents, tour guides or tour operators) attending or participating in tourism conventions or tourism exhibitions or fairs, or conducting a tour that has begun in the territory of another Party;

provided that such short term visitors:

respond promptly to all requests by another Party for specific information regarding any of its measures of general application or international agreements which relate to or affect this Title; and

establish one or more enquiry points to provide specific information to investors and services suppliers of another Party, upon request, on all matters referred to in subparagraph (a). Such enquiry points are listed in Annex X (Enquiry Points Regarding Trade in Services, Establishment and Electronic Commerce). Enquiry points need not be depositories of laws and regulations.

does not comply with the criteria outlined in Article VI:4 (a), (b), (c) of the GATS; and

could not reasonably have been expected of that Party at the time the specific commitments were made.

all licensing criteria and the period of time normally required to reach a decision concerning an application for a licence; and

the terms and conditions of individual licences.

obligations on transparency in relation to interconnection and/or access. Where a major supplier has obligations of non-discrimination as provided for in subparagraph (b), the regulatory authority may require that the major supplier publish a reference offer which is sufficiently unbundled to ensure that suppliers are not required to pay for facilities which are not necessary for the service requested. Such reference offer shall also include a description of the relevant offerings broken down into components according to market needs, and the associated terms and conditions, including prices;

obligations of non-discrimination in relation to interconnection and/or access:

obligations relating to cost recovery and price controls, including obligations for cost orientation of prices and obligations concerning the cost accounting systems for the provision of specific types of interconnection and/or access; and

obligations to meet reasonable requests by the suppliers of another Party for access to and use of specific network elements and associated facilities, inter alia, in situations where the regulatory authority considers that denial of access or unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market at the retail level, or would not be in the end-user's interest.

grant third parties access to specified network elements and/or facilities;

negotiate in good faith with undertakings requesting access;

provide specified services on a wholesale basis for resale by third parties;

grant access to technical interfaces, protocols or other key technologies, which are indispensable for the interoperability of networks, and that allow, upon request, interconnection at additional points other than the network termination points offered to the majority of users, subject to charges that reflect the cost of construction of necessary additional facilities;

provide co-location or other forms of facility sharing, including duct, building or mast sharing;

provide specified services needed to ensure interoperability of end-to-end services to users, including facilities for intelligent network services or roaming on mobile networks; and

interconnect networks or network facilities.

all authorisation criteria and a reasonable period of time normally required to reach a decision concerning that application for an authorisation shall be made publicly available;

the reasons for the denial of an authorisation shall be communicated in writing to the applicant upon request;

in case that an authorisation is unduly denied, the applicant shall be able to seek review of and/or appeal against the decision in accordance with the domestic legislation of the respective Party;

fees required by any Party for granting an authorisation shall not exceed the administrative costs normally incurred in the management, control and enforcement of the applicable authorisation ( 58 ).

under non-discriminatory terms, conditions (including technical standards and specifications) and rates, and with a quality no less favourable than that provided for its own like services or for like services of non-affiliated service suppliers or for its subsidiaries or other affiliates;

in a timely fashion, on terms, conditions (including technical standards and specifications) and cost-oriented rates that are transparent, reasonable, which have regard to economic feasibility, and which are sufficiently unbundled so that the supplier need not pay for network components or facilities that it does not require for the service to be provided; and

upon request, at points in addition to the network termination points offered to the majority of users, subject to charges that reflect the cost of construction of necessary additional facilities.

requires, as a condition for financial service suppliers of another Party to supply financial services on an equal basis with domestic financial service suppliers, membership or participation in, or access to, any self-regulatory body, securities or futures exchange or market, clearing agency, or any other organisation or association; or

provides, directly or indirectly, such entities privileges or advantages in supplying financial services;

the protection of investors, depositors, policy-holders or persons to whom a fiduciary duty is owed by a financial service supplier;

ensuring the integrity and stability of its financial system.

by means of an official publication; or

in other written or electronic form.

effectively apply the principle of unrestricted access to the international maritime markets and trades on a commercial and non-discriminatory basis; and

grant ships flying the flag of another Party or operated by service suppliers of another Party treatment no less favourable than that accorded to its own ships with regard to, inter alia, access to ports, use of infrastructure and auxiliary maritime services of the ports, as well as related fees and charges, customs facilities and the assignment of berths and facilities for loading and unloading.

not introduce cargo-sharing arrangements in future bilateral agreements with third countries concerning maritime transport services, including dry and liquid bulk and liner trade, and terminate, within a reasonable period of time, such cargo-sharing arrangements in case they exist in previous bilateral agreements; and

upon entry into force of this Agreement, abolish and abstain from introducing any unilateral measures and administrative, technical and other obstacles which may constitute a disguised restriction or have discriminatory effects on the free supply of services in international maritime transport.

the recognition of certificates of electronic signatures issued to the public and the facilitation of cross-border certification services;

the liability of intermediary service providers with respect to the transmission, or storage of information;

the treatment of unsolicited electronic commercial communications;

the protection of consumers in the field of electronic commerce from, among others, fraudulent and misleading commercial practices in the cross border context;

the protection of personal data;

the promotion of paperless trading; and

any other issue relevant for the development of electronic commerce.

necessary to protect public security or public morals or to maintain public order ( 62 );

necessary to protect human, animal or plant life or health, including those environmental measures necessary to this effect;

relating to the conservation of living and non-living exhaustible natural resources, if such measures are applied in conjunction with restrictions on domestic investors or on the domestic supply or consumption of services;

necessary for the protection of national treasures of artistic, historic or archaeological value;

necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Title and Title V (Current Payments and Capital Movements) ( 63 ) including those relating to:

not procured with a view to commercial sale or resale, or for use in the production or supply of goods or services for commercial sale or resale;

by any contractual means, including: purchase, hire purchase, lease or rental, with or without an option to buy, build-operate-transfer contracts and public works concession contracts;

for which the value equals or exceeds the relevant threshold specified for each Party in Appendix 1 of Annex XII (Government Procurement), at the time of publication of a notice in accordance with Article 176;

by a procuring entity; and

that is not otherwise excluded from the scope of application of this Title.

the acquisition or rental of land, existing buildings or other immovable property or the rights thereon;

non-contractual agreements or any form of assistance that a Party provides, including cooperative agreements, grants, loans, subsidies, equity infusions, guarantees, endorsements and fiscal incentives;

the procurement or acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions, or services related to the sale, redemption and distribution of public debt, including loans and government bonds, notes and other securities ( 66 );

public employment contracts and related measures; and

procurement conducted:

in Subsection 1, the central government entities whose procurement is covered by this Title;

in Subsection 2, the sub-central government entities whose procurement is covered by this Title;

in Subsection 3, all other entities whose procurement is covered by this Title;

in Subsection 4, the goods covered by this Title;

in Subsection 5, the services, other than construction services, covered by this Title;

in Subsection 6, the construction services covered by this Title; and

in Subsection 7, any General Notes.

the total maximum value of the procurement over its entire duration; or

the value of recurring procurements of the same type of good or service awarded during the preceding 12 months or preceding fiscal year of the procuring entity, adjusted, where possible, to take into account anticipated changes in the quantity or value of the good or service being procured over the following 12 months; or

the estimated value of recurring procurements of the same type of good or service to be awarded during the 12 months following the initial contract award or the fiscal year of the procuring entity.

the EU Party, including its procuring entities ( 67 ), shall accord immediately and unconditionally to the goods and services of the signatory Andean Countries and to the suppliers of the signatory Andean Countries offering such goods or services, treatment no less favourable than the treatment accorded to its own goods, services and suppliers;

each signatory Andean Country, including its procurement entities, shall accord immediately and unconditionally to the goods and services of the EU Party and the suppliers of the EU Party offering such goods or services, treatment no less favourable than the treatment they accord to their own goods, services and suppliers.

treat a locally established supplier less favourably than another locally established supplier on the basis of the degree of foreign affiliation or ownership; or

discriminate against a locally established supplier on the basis that the goods or services offered by that supplier for a particular procurement are goods or services of another Party.

ensure that the procurement is conducted using information technology systems and software, including those related to authentication and encryption of information, that are generally available and interoperable with other generally available information technology systems and software; and

maintain mechanisms that ensure the integrity of requests for participation and tenders, including the establishment of the time of receipt and the prevention of inappropriate access.

promptly publish any measure of general application regarding covered procurement, and any modifications thereof, in officially designated electronic or paper medium that is widely disseminated and remains readily accessible to the public;

provide an explanation thereof to another Party, on request;

list in Appendix 2 of Annex XII (Government Procurement), the electronic or paper media in which the Party publishes the information described in subparagraph (a); and

list in Appendix 3 of Annex XII (Government Procurement), the electronic media in which the Party publishes the notices required by this Article and Articles 177, 180, paragraph 1 and 188, paragraph 2.

include in the notice of intended procurement at least the information specified in Appendix 4 of Annex XII (Government Procurement), paragraphs (a), (b), (d), (e), (h), and (i) and invite suppliers to submit a request for participation; and

provide to the qualified suppliers, by the commencement of the time-period for tendering, at least the information in Appendix 4 of Annex XII (Government Procurement), paragraphs (c), (f), and (g).

the notice is published in accordance with paragraph 1 and includes the information required under Appendix 5 of Annex XII (Government Procurement) and as much of the information required by Appendix 4 of Annex XII (Government Procurement) as is available, and contains a statement that it constitutes a notice of intended procurement;

the entity promptly provides to suppliers that have expressed an interest to the entity in a given procurement, sufficient information to permit them to assess their interest in the procurement, including all remaining information required under Appendix 4 of Annex XII (Government Procurement) to the extent that such information is available; and

a supplier having applied for inclusion on a multi-use list in accordance with paragraph 3 may be allowed to tender in a given procurement, where there is sufficient time for the procuring entity to examine whether it satisfies the conditions for participation.

set out the technical specifications in terms of performance and functional requirements, rather than design or descriptive characteristics; and

base the technical specifications on international standards, where this exist; otherwise, on national technical regulations, recognised national standards or building codes.

to all suppliers that are participating at the time the information is amended, if known, and in all other cases, in the same manner as the original information; and

in adequate time to allow such suppliers to modify and re-submit amended tenders, as appropriate.

in the context of procurements in which they have indicated such intent in the notice of intended procurement; or

where it appears from the evaluation that no one tender is obviously the most advantageous in terms of the specific evaluation criteria set forth in the notices or tender documentation.

ensure that any elimination of suppliers participating in negotiations is carried out in accordance with the evaluation criteria set out in the notices or tender documentation; and

when applicable, where negotiations are concluded, provide a common deadline for the remaining suppliers to submit any new or revised tenders.

a breach of this Title; or

where the supplier does not have a right to challenge directly a breach of this Title under the domestic law of the Party, a failure to comply with the measures of a Party implementing this Title,

the procuring entity responds in writing to the challenge and discloses all relevant documents to the review body;

participants to the proceedings (hereinafter referred to as ‘participants’) have the right to be heard prior to a decision of the review body being made on the challenge;

participants have the right to be represented and accompanied;

participants have access to all proceedings;

participants have the right to request that the proceedings take place in public and that witnesses may be present; and

decisions or recommendations relating to challenges by suppliers are provided, in a timely fashion, in writing, with an explanation of the basis for each decision or recommendation.

rapid interim measures to preserve the supplier's opportunity to participate in the procurement. Such interim measures may result in suspension of the procurement process. The procedures may provide that overriding adverse consequences for the interests concerned, including the public interest, may be taken into account when deciding whether such measures should be applied. Just cause for not acting shall be provided in writing; and

correction of a breach of this Title or compensation for the loss or damages suffered, where a review body has determined that there has been a breach or a failure as set out in paragraph 1. Such correction or compensation may be limited to either the costs for the preparation of the tender or the costs relating to the challenge, or both.

notify the other Parties in writing; and

include in the notification a proposal of appropriate compensatory adjustments to the other Parties to maintain a level of coverage comparable to that existing prior to the modification.

the modification in question is a minor amendment or rectification of a purely formal nature; or

the proposed modification covers an entity over which the Party has effectively eliminated its control or influence.

the adjustment proposed under subparagraph 1(b) is adequate to maintain a comparable level of mutually agreed coverage;

the proposed modification is a minor amendment or a rectification under subparagraph 2(a); or

the proposed modification covers an entity over which the Party has effectively eliminated its control or influence under subparagraph 2(b);

exchange of experiences and information, such as regulatory frameworks, best practices and statistics;

development and use of electronic communications in government procurement systems;

capacity building and technical assistance to suppliers with respect to access to the government procurement market;

institutional strengthening for the implementation of the provisions of this Title, including training to government personnel; and

capacity building to provide multilingual access to procurement opportunities.

evaluate the implementation of this Title, including the use of the opportunities offered by increased access to government procurement and recommend to the Parties the appropriate activities;

evaluate and follow up the activities related to cooperation that the Parties submit; and

without prejudice of Article 191, paragraph 5, consider further negotiations aimed at broadening the coverage of this Title.

copyright, including copyright in computer programmes and in databases;

rights related to copyright;

patent rights;

trademarks;

trade names in so far as these are protected as exclusive property rights in the domestic law concerned;

designs;

layout- designs (topographies) of integrated circuits;

geographical indications;

plant varieties; and

protection of undisclosed information.

any commercial use of such protected geographical indication:

any other non-authorised use ( 75 ) of geographical indications other than those identifying wines, aromatized wines or spirits drinks that creates confusion, including even in cases where the name is accompanied by indications such as style, type, imitation and other similar that creates confusion to the consumer; without prejudice to this subparagraph, if a Party amends its legislation in order to protect geographical indications other than those identifying wines, aromatised wines and spirit drinks at a higher level than the protection provided for in this Agreement, that Party shall extend such protection to the geographical indications listed in Appendix 1 of Annex XIII (Lists of Geographical Indications);

in case of geographical indications that identify wines, aromatised wines or spirit drinks, any misuse, imitation or evocation, at least, for products of this kind, even if the true origin of the product is indicated or if the protected name is translated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar;

any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product, on the inner or outer packaging, or the advertising material relating to the product concerned, liable to convey a false impression as to its origin; and

any other practice liable to mislead the consumer as to the true origin of the product.

the broadcasting and communication to the public of their unfixed performances except where the performance is already a broadcast performance; and

the fixation of their unfixed performances.

direct or indirect reproduction;

distribution through sale or other transfer of ownership;

rental to the public of the original and copies thereof; and

making available to the public by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them.

exceptions for reasons of public interest, situations of national emergency or extreme urgency, when it is necessary to allow access to those data to third parties; and

abbreviated marketing approval procedures in their territory, relying on a marketing approval granted by another Party. In such case, the period of exclusive use of the data submitted in connection with obtaining the approval shall begin from the date of the first marketing approval relied on, when the approval is granted within six months from the filing of a complete application.

was found in possession of the infringing goods on a commercial scale;

was found to be using the infringing services on a commercial scale;

was found to be providing on a commercial scale services used in infringing activities; or

was indicated by the person referred to in subparagraphs (a), (b) or (c) as being involved in the production, manufacture or distribution of the goods or the provision of the services in question.

the names and addresses of the producers, manufacturers, distributors, suppliers and other previous holders of the goods or services, as well as the intended wholesalers and retailers;

information on the quantities produced, manufactured, delivered, received or ordered, as well as the price obtained for the goods or services in question.

grant the right holder rights to receive fuller information;

govern the use in civil or criminal proceedings of the information communicated pursuant to this Article;

govern responsibility for misuse of the right of information;

afford an opportunity for refusing to provide information which would force the person referred to in paragraph 1 to admit his own participation or that of his close relatives in an infringement of an intellectual property right; or

govern the protection of confidentiality of information sources or the processing of personal data.

take into account all appropriate aspects, such as the negative economic consequences, including lost profits, which the injured party has suffered, any unfair profits made by the infringer and, in appropriate cases, elements other than economic factors, such as the moral prejudice caused to the right holder by the infringement; or

as an alternative to subparagraph (a), may, in appropriate cases, set the damages as a lump sum on the basis of elements such as at least the amount of royalties or fees which would have been due if the infringer had requested authorisation to use the intellectual property right in question.

initiate the transmission;

select the receiver of the transmission; and

select or modify the information contained in the transmission.

does not modify the information;

complies with conditions on access to the information;

complies with rules regarding the updating of the information, specified in a manner widely recognised and used by industry;

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

acts expeditiously to remove or to disable access to the information it has stored upon obtaining actual knowledge of the fact that the information at the initial source of the transmission has been removed from the network, or access to it has been disabled, or that a court or an administrative authority has ordered such removal or disablement.

does not have actual knowledge of illegal activity or information and, as regards claims for damages, is not aware of facts or circumstances from which the illegal activity or information is apparent; or

acts expeditiously to remove or to disable access to the information, upon obtaining such knowledge or awareness.

joint research, innovation and technological development activities as well as educational projects;

visits and exchanges of scientists, researchers, trainees, and technical experts;

joint organisation of scientific seminars, conferences, symposia and workshops, as well as the participation of experts in those activities;

joint research, development, and innovation networks;

exchange and sharing of equipment and materials;

promotion of the evaluation of joint work, and the dissemination of results; and

any other activity agreed upon by the Parties.

exchange of information on the legal framework concerning intellectual property rights and relevant rules of protection and enforcement, as well as exchange of experiences between the EU Party and each signatory Andean Country on legislative progress;

exchange of experiences between the EU Party and each signatory Andean Country on enforcement of intellectual property rights;

capacity-building and exchange and training of personnel;

promotion and dissemination of information on intellectual property rights in, inter alia, business circles and civil society as well as public awareness of consumers and right holders;

enhancement of institutional cooperation, for example between intellectual property offices; and

actively promoting awareness and education of the general public in intellectual property rights policies.

any agreement, decision, recommendation or concerted practice, which has the purpose or effect of impeding, restricting, or distorting competition in accordance with their respective competition laws;

the abuse of a dominant position in accordance with their respective competition laws; and

concentrations of companies which significantly impedes effective competition, particularly as a result of the creation or strengthening of a dominant position in accordance with their respective competition laws.

promote dialogue and cooperation between the Parties with a view to facilitating the implementation of the provisions of this Title and strengthening the relationship between trade and labour and environmental policies and practices;

strengthen compliance with the labour and environmental legislation of each Party, as well as with the commitments deriving from the international conventions and agreements referred to in Articles 269 and 270, as an important element to enhance the contribution of trade to sustainable development;

strengthen the role of trade and trade policy in the promotion of the conservation and sustainable use of biological diversity and of natural resources, as well as in the reduction of pollution in accordance with the objective of sustainable development;

strengthen the commitment to labour principles and rights in accordance with the provisions of this Title, as an important element to enhance the contribution of trade to sustainable development;

promote public participation in the matters covered under this Title.

the freedom of association and the effective recognition of the right to collective bargaining;

the elimination of all forms of forced or compulsory labour;

the effective abolition of child labour; and

the elimination of discrimination in respect of employment and occupation.

revise and adjust the fishing capacity for fishery resources, including those affected by overfishing, to ensure that the fishing practices are commensurate to the fishing possibilities available;

adopt effective tools for the monitoring and control, such as observer schemes, vessel monitoring schemes, transhipment control and port state control, in order to ensure full compliance with applicable conservation measures;

adopt actions to combat illegal, unreported and unregulated (IUU) fishing; to this end, the Parties agree to ensure that vessels flying their flags conduct fishing activities in accordance with rules adopted within the RFMO, and to sanction vessels under their domestic legislation, in case of any violation of the said rules.

facilitating the removal of trade and investment barriers to access to, innovation, development, and deployment of goods, services and technologies that can contribute to mitigation or adaptation, taking into account the circumstances of developing countries;

promoting measures for energy efficiency and renewable energy that respond to environmental and economic needs and minimise technical obstacles to trade.

to carry out the follow-up of this Title and identify actions for the achievement of the objectives of sustainable development;

to submit to the Trade Committee, when it deems it appropriate, recommendations for the proper implementation and make the best use of this Title;

to identify areas of cooperation and verify the effective implementation of cooperation, without prejudice to Article 326;

to assess, when it deems it appropriate, the impact of the implementation of this Agreement on labour and environment; and

to resolve any other matter within the scope of application of this Title, without prejudice to the mechanisms set out in Articles 283, 284 and 285.

a reasonable opportunity to support or defend their respective positions; and

a decision based on the evidence and submissions of record or, where required by its domestic law, on the record compiled by the administrative authority.

to require any Party to furnish or give access to any information the disclosure of which it considers contrary to its essential security interests; or

to prevent any Party from taking any measure which it considers necessary for the protection of its essential security interests:

to prevent any Party from taking any measures necessary in pursuance of the obligations it has accepted for the purpose of maintaining or restoring international peace and security.

aims at ensuring the effective and equitable imposition and collection of direct taxes;

distinguishes in the application of the relevant provisions of domestic fiscal legislation, including those aimed at ensuring the imposition and collection of duties, between tax payers who are not in the same situation, in particular with regard to their place of residence or with regard to the place where their capital is invested;

aims at preventing the avoidance or evasion of taxes pursuant to tax provisions of conventions to avoid double taxation or other tax agreements, or domestic fiscal legislation; or

is incompatible with any MFN obligation established under this Agreement, provided that the difference in treatment results from a tax convention.

the nature and extent of the balance of payments and the external financial difficulties;

the external economic and trading environment; and

alternative corrective measures which may be available.

the Party complained against does not reply to the request for consultations in accordance with Article 301, paragraph 3;

consultations are not held within the period of time established in Article 301 paragraphs 5 or 6, as the case may be;

the consulting Parties have failed to settle the dispute through consultations; or

the parties to the dispute have agreed not to engage in consultations according to Article 301, paragraph 4.