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FREE TRADE AGREEMENT

between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part

THE KINGDOM OF BELGIUM,

THE 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 LUXEMBURG,

THE REPUBLIC OF HUNGARY,

MALTA,

THE KINGDOM OF THE NETHERLANDS,

THE REPUBLIC OF AUSTRIA,

THE REPUBLIC OF POLAND,

THE PORTUGUESE REPUBLIC,

ROMANIA,

THE REPUBLIC OF SLOVENIA,

THE SLOVAK REPUBLIC,

THE REPUBLIC OF FINLAND,

THE KINGDOM OF SWEDEN,

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

Contracting Parties to the Treaty on European Union and the Treaty on the Functioning of the European Union, hereinafter referred to as the ‘Member States of the European Union’,

and

THE EUROPEAN UNION,

of the one part, and

THE REPUBLIC OF KOREA, hereinafter referred to as ‘Korea’,

of the other part,

RECOGNISING their longstanding and strong partnership based on the common principles and values reflected in the Framework Agreement;

DESIRING to further strengthen their close economic relationship as part of and in a manner coherent with their overall relations, and convinced that this Agreement will create a new climate for the development of trade and investment between the Parties;

CONVINCED that this Agreement will create an expanded and secure market for goods and services and a stable and predictable environment for investment, thus enhancing the competitiveness of their firms in global markets;

REAFFIRMING their commitment to the Charter of the United Nations signed in San Francisco on 26 June 1945 and the Universal Declaration of Human Rights adopted by the General Assembly of the United Nations on 10 December 1948;

REAFFIRMING their commitment to sustainable development and convinced of the contribution of international trade to sustainable development in its economic, social and environmental dimensions, including economic development, poverty reduction, full and productive employment and decent work for all as well as the protection and preservation of the environment and natural resources;

RECOGNISING the right of the Parties to take measures necessary to achieve legitimate public policy objectives on the basis of the level of protection that they deem appropriate, provided that such measures do not constitute a means of unjustifiable discrimination or a disguised restriction on international trade, as reflected in this Agreement;

RESOLVED to promote transparency as regards all relevant interested parties, including the private sector and civil society organisations;

DESIRING to raise living standards, promote economic growth and stability, create new employment opportunities and improve the general welfare by liberalising and expanding mutual trade and investment;

SEEKING to establish clear and mutually advantageous rules governing their trade and investment and to reduce or eliminate the barriers to mutual trade and investment;

RESOLVED to contribute to the harmonious development and expansion of world trade by removing obstacles to trade through this Agreement and to avoid creating new barriers to trade or investment between their territories that could reduce the benefits of this Agreement;

DESIRING to strengthen the development and enforcement of labour and environmental laws and policies, promote basic workers’ rights and sustainable development and implement this Agreement in a manner consistent with these objectives; and

BUILDING on their respective rights and obligations under the Marrakesh Agreement Establishing the World Trade Organisation, done on 15 April 1994 (hereinafter referred to as the ‘WTO Agreement’) and other multilateral, regional and bilateral agreements and arrangements to which they are party;

HAVE AGREED AS FOLLOWS:

CHAPTER ONE

OBJECTIVES AND GENERAL DEFINITIONS

Article 1.1

Objectives

1. The Parties hereby establish a free trade area on goods, services, establishment and associated rules in accordance with this Agreement.

2. The objectives of this Agreement are:

(a)	to liberalise and facilitate trade in goods between the Parties, in conformity with Article XXIV of the General Agreement on Tariffs and Trade 1994 (hereinafter referred to as ‘GATT 1994’);

(b)	to liberalise trade in services and investment between the Parties, in conformity with Article V of the General Agreement on Trade in Services (hereinafter referred to as ‘GATS’);

(c)	to promote competition in their economies, particularly as it relates to economic relations between the Parties;

(d)	to further liberalise, on a mutual basis, the government procurement markets of the Parties;

(e)	to adequately and effectively protect intellectual property rights;

(f)	to contribute, by removing barriers to trade and by developing an environment conducive to increased investment flows, to the harmonious development and expansion of world trade;

(g)

to commit, in the recognition that sustainable development is an overarching objective, to the development of international trade in such a way as to contribute to the objective of sustainable development and strive to ensure that this objective is integrated and reflected at every level of the Parties’ trade relationship; and

(h)	to promote foreign direct investment without lowering or reducing environmental, labour or occupational health and safety standards in the application and enforcement of environmental and labour laws of the Parties.

Article 1.2

General definitions

Throughout this Agreement, references to:

the Parties mean, on the one hand, the European Union or its Member States or the European Union and its Member States within their respective areas of competence as derived from the Treaty on European Union and the Treaty on the Functioning of the European Union (hereinafter referred to as the ‘EU Party’), and on the other hand, Korea;

the Framework Agreement mean the Framework Agreement for Trade and Cooperation between the European Community and its Member States, on the one hand, and the Republic of Korea, on the other hand, signed at Luxembourg on 28 October 1996 or any agreement updating, amending or replacing it; and

the Customs Agreement mean the Agreement between the European Community and the Republic of Korea on Cooperation and Mutual Administrative Assistance in Customs Matters, signed at Brussels on 10 April 1997.

CHAPTER TWO

NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS

SECTION A

Common provisions

Article 2.1

Objective

The Parties shall progressively and reciprocally liberalise trade in goods over a transitional period starting from the entry into force of this Agreement, in accordance with this Agreement and in conformity with Article XXIV of GATT 1994.

Article 2.2

Scope and coverage

This Chapter shall apply to trade in goods (1) between the Parties.

Article 2.3

Customs duty

For the purposes of this Chapter, a customs duty includes any duty or charge of any kind imposed on, or in connection with, the importation of a good, including any form of surtax or surcharge imposed on, or in connection with, such importation (2). A customs duty does not include any:

(a)	charge equivalent to an internal tax imposed consistently with Article 2.8 in respect of the like domestic good or in respect of an article from which the imported good has been manufactured or produced in whole or in part;

(b)	duty imposed pursuant to a Party’s law consistently with Chapter Three (Trade Remedies);

(c)	fee or other charge imposed pursuant to a Party’s law consistently with Article 2.10; or

(d)	duty imposed pursuant to a Party’s law consistently with Article 5 of the Agreement on Agriculture, contained in Annex 1A to the WTO Agreement (hereinafter referred to as the ‘Agreement on Agriculture’).

Article 2.4

Classification of goods

The classification of goods in trade between the Parties shall be that set out in each Party’s respective tariff nomenclature interpreted in conformity with the Harmonised System of the International Convention on the Harmonised Commodity Description and Coding System, done at Brussels on 14 June 1983 (hereinafter referred to as the ‘HS’).

SECTION B

Elimination of customs duties

Article 2.5

Elimination of customs duties

1. Except as otherwise provided in this Agreement, each Party shall eliminate its customs duties on originating goods of the other Party in accordance with its Schedule included in Annex 2-A.

2. For each good, the base rate of customs duties, to which the successive reductions are to be applied under paragraph 1, shall be that specified in the Schedules included in Annex 2-A.

3. If at any moment a Party reduces its applied most-favoured-nation (hereinafter referred to as ‘MFN’) customs duty rate after the entry into force of this Agreement, that duty rate shall apply as regards trade covered by this Agreement if and for as long as it is lower than the customs duty rate calculated in accordance with its Schedule included in Annex 2-A.

4. Three years after the entry into force of this Agreement, on the request of either Party, the Parties shall consult to consider accelerating and broadening the scope of the elimination of customs duties on imports between them. A decision by the Parties in the Trade Committee, following such consultations, on the acceleration or broadening of the scope of the elimination of a customs duty on a good shall supersede any duty rate or staging category determined pursuant to their Schedules included in Annex 2-A for that good.

Article 2.6

Standstill

Except as otherwise provided in this Agreement, including as explicitly set out in each Party’s Schedule included in Annex 2-A, neither Party may increase any existing customs duty, or adopt any new customs duty, on an originating good of the other Party. This shall not preclude that either Party may raise a customs duty to the level established in its Schedule included in Annex 2-A following a unilateral reduction.

Article 2.7

Administration and implementation of tariff-rate quotas

1. Each Party shall administer and implement the tariff-rate quotas (hereinafter referred to as ‘TRQs’) set out in Appendix 2-A-1 of its Schedule included in Annex 2-A in accordance with Article XIII of GATT 1994, including its interpretative notes and the Agreement on Import Licensing Procedures, contained in Annex 1A to the WTO Agreement.

2. Each Party shall ensure that:

(a)	its procedures for administering its TRQs are transparent, made available to the public, timely, non-discriminatory, responsive to market conditions, minimally burdensome to trade, and reflect end-user preferences;

(b)

any person of a Party that fulfils the importing Party’s legal and administrative requirements shall be eligible to apply and to be considered for a TRQ allocation by the Party. Unless the Parties otherwise agree by decision of the Committee on Trade in Goods, any processor, retailer, restaurant, hotel, food service distributor or institution, or any other person is eligible to apply for, and to be considered to receive, a TRQ allocation. Any fees charged for services related to an application for a TRQ allocation shall be limited to the actual cost of the services rendered;

(c)	except as specified in Appendix 2-A-1 of its Schedule included in Annex 2-A, it does not allocate any portion of a TRQ to a producer group, condition access to a TRQ allocation on the purchase of domestic production, or limit access to a TRQ allocation to processors; and

(d)

it allocates TRQs in commercially viable shipping quantities and, to the maximum extent possible, in the amounts that importers request. Except as otherwise stipulated in the provisions for each TRQ and the applicable tariff line in Appendix 2-A-1 of a Party’s Schedule included in Annex 2-A, each TRQ allocation shall be valid for any item or mixture of items subject to a particular TRQ, regardless of the item’s or mixture’s specification or grade, and shall not be conditioned on the item’s or mixture’s intended end-use or package size.

3. Each Party shall identify the entities responsible for administering its TRQs.

4. Each Party shall make every effort to administer its TRQs in a manner that allows importers to fully utilise TRQ quantities

5. Neither Party may condition application for, or utilisation of, TRQ allocations on the re-export of a good.

6. On the written request of either Party, the Parties shall consult regarding a Party’s administration of its TRQs.

7. Except as otherwise provided in Appendix 2-A-1 of its Schedule included in Annex 2-A, each Party shall make the entire quantity of the TRQ established in that Appendix available to applicants beginning on the date of entry into force of this Agreement during the first year, and on the anniversary of the entry into force of this Agreement of each year thereafter. Over the course of each year, the importing Party’s administering authority shall publish, in a timely fashion on its designated publicly available Internet site, utilisation rates and remaining quantities available for each TRQ.

SECTION C

Non-tariff measures

Article 2.8

National treatment

Each Party shall accord national treatment to goods of the other Party in accordance with Article III of GATT 1994, including its interpretative notes. To this end, Article III of GATT 1994 and its interpretative notes are incorporated into and made part of this Agreement, mutatis mutandis.

Article 2.9

Import and export restrictions

Neither Party may adopt or maintain any prohibition or restriction other than duties, taxes or other charges on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, in accordance with Article XI of GATT 1994 and its interpretative notes. To this end, Article XI of GATT 1994 and its interpretative notes are incorporated into and made part of this Agreement, mutatis mutandis.

Article 2.10

Fees and other charges on imports

Each Party shall ensure that all fees and charges of whatever character (other than customs duties and the items that are excluded from the definition of a customs duty under Article 2.3(a), (b) and (d)) imposed on, or in connection with, importation are limited in amount to the approximate cost of services rendered, are not calculated on an ad valorem basis, and do not represent an indirect protection to domestic goods or taxation of imports for fiscal purposes.

Article 2.11

Duties, taxes or other fees and charges on exports

Neither Party may maintain or institute any duties, taxes or other fees and charges imposed on, or in connection with, the exportation of goods to the other Party, or any internal taxes, fees and charges on goods exported to the other Party that are in excess of those imposed on like goods destined for internal sale.

Article 2.12

Customs valuation

The Agreement on Implementation of Article VII of GATT 1994 contained in Annex 1A to the WTO Agreement (hereinafter referred to as the ‘Customs Valuation Agreement’), is incorporated into and made part of this Agreement, mutatis mutandis. The reservations and options provided for in Article 20 and paragraphs 2 through 4 of Annex III of the Customs Valuation Agreement shall not be applicable.

Article 2.13

State trading enterprises

1. The Parties affirm their existing rights and obligations under Article XVII of GATT 1994, its interpretative notes and the Understanding on the Interpretation of Article XVII of GATT 1994, contained in Annex 1A to the WTO Agreement which are incorporated into and made part of this Agreement, mutatis mutandis.

2. Where a Party requests information from the other Party on individual cases of state trading enterprises, the manner of their operation and the effect of their operations on bilateral trade, the requested Party shall have regard to the need to ensure maximum transparency possible without prejudice to Article XVII.4(d) of GATT 1994 on confidential information

Article 2.14

Elimination of sectoral non-tariff measures

1. The Parties shall implement their commitments on sector-specific non-tariff measures on goods in accordance with the commitments set out in Annexes 2-B through 2-E.

2. Three years after the entry into force of this Agreement and on the request of either Party, the Parties shall consult to consider broadening the scope of their commitments on sector-specific non-tariff measures on goods.

SECTION D

Specific exceptions related to goods

Article 2.15

General exceptions

1. The Parties affirm that their existing rights and obligations under Article XX of GATT 1994 and its interpretative notes, which are incorporated into and made part of this Agreement, shall apply to trade in goods covered by this Agreement, mutatis mutandis.

2. The Parties understand that before taking any measures provided for in subparagraphs (i) and (j) of Article XX of GATT 1994, the Party intending to take the measures shall supply the other Party with all relevant information, with a view to seeking a solution acceptable to the Parties. The Parties may agree on any means needed to put an end to the difficulties. If no agreement is reached within 30 days of supplying such information, the Party may apply measures under this Article on the good concerned. Where exceptional and critical circumstances requiring immediate action make prior information or examination impossible, the Party intending to take the measures may apply forthwith the precautionary measures necessary to deal with the situation and shall inform the other Party immediately thereof.

SECTION E

Institutional provisions

Article 2.16

Committee on Trade in Goods

1. The Committee on Trade in Goods established pursuant to Article 15.2.1 (Specialised Committees) shall meet on the request of a Party or of the Trade Committee to consider any matter arising under this Chapter and comprise representatives of the Parties.

2. The Committee’s functions shall include:

(a)	promoting trade in goods between the Parties, including through consultations on accelerating and broadening the scope of tariff elimination and broadening of the scope of commitments on non-tariff measures under this Agreement and other issues as appropriate; and

(b)

addressing tariff and non-tariff measures to trade in goods between the Parties and, if appropriate, referring such matters to the Trade Committee for its consideration,

in so far as these tasks have not been entrusted to the relevant Working Groups established pursuant to Article 15.3.1 (Working Groups).

Article 2.17

Special provisions on administrative cooperation

1. The Parties agree that administrative cooperation is essential for the implementation and the control of preferential tariff treatment granted under this Chapter and underline their commitments to combat irregularities and fraud in customs and related matters.

2. Where a Party has made a finding, on the basis of objective information, of a failure to provide administrative cooperation and/or irregularities or fraud, on the request of that Party, the Customs Committee shall meet within 20 days of such request to seek, as a matter of urgency, to resolve the situation. The consultations held within the framework of the Customs Committee will be considered as fulfilling the same function as consultation under Article 14.3 (Consultations).

CHAPTER THREE

TRADE REMEDIES

SECTION A

Bilateral safeguard measures

Article 3.1

Application of a bilateral safeguard measure

1. If, as a result of the reduction or elimination of a customs duty under this Agreement, originating goods of a Party are being imported into the territory of the other Party in such increased quantities, in absolute terms or relative to domestic production, and under such conditions as to cause or threaten to cause serious injury to a domestic industry producing like or directly competitive goods, the importing Party may adopt measures provided for in paragraph 2 in accordance with the conditions and procedures laid down in this Section.

2. The importing Party may take a bilateral safeguard measure which:

(a)	suspends further reduction of the rate of customs duty on the good concerned provided for under this Agreement; or

(b)

increases the rate of customs duty on the good to a level which does not exceed the lesser of:

(i)	the MFN applied rate of customs duty on the good in effect at the time the measure is taken; or

(ii)	the base rate of customs duty specified in the Schedules included in Annex 2-A (Elimination of Customs Duties) pursuant to Article 2.5.2 (Elimination of Customs Duties).

Article 3.2

Conditions and limitations

1. A Party shall notify the other Party in writing of the initiation of an investigation described in paragraph 2 and consult with the other Party as far in advance of applying a bilateral safeguard measure as practicable, with a view to reviewing the information arising from the investigation and exchanging views on the measure.

2. A Party shall apply a bilateral safeguard measure only following an investigation by its competent authorities in accordance with Articles 3 and 4.2(c) of the Agreement on Safeguards contained in Annex 1A to the WTO Agreement (hereinafter referred to as the ‘Agreement on Safeguards’) and to this end, Articles 3 and 4.2(c) of the Agreement on Safeguards are incorporated into and made part of this Agreement, mutatis mutandis.

3. In the investigation described in paragraph 2, the Party shall comply with the requirements of Article 4.2(a) of the Agreement on Safeguards and to this end, Article 4.2(a) of the Agreement on Safeguards is incorporated into and made part of this Agreement, mutatis mutandis.

4. Each Party shall ensure that its competent authorities complete any such investigation within one year of its date of initiation.

5. Neither Party may apply a bilateral safeguard measure:

(a)	except to the extent, and for such time, as may be necessary to prevent or remedy serious injury and to facilitate adjustment;

(b)

for a period exceeding two years, except that the period may be extended by up to two years if the competent authorities of the importing Party determine, in conformity with the procedures specified in this Article, that the measure continues to be necessary to prevent or remedy serious injury and to facilitate adjustment and that there is evidence that the industry is adjusting, provided that the total period of application of a safeguard measure, including the period of initial application and any extension thereof, shall not exceed four years; or

(c)	beyond the expiration of the transition period, except with the consent of the other Party.

6. When a Party terminates a bilateral safeguard measure, the rate of customs duty shall be the rate that, according to its Schedule included in Annex 2-A (Elimination of Customs Duties), would have been in effect but for the measure.

Article 3.3

Provisional measures

In critical circumstances where delay would cause damage that would be difficult to repair, a Party may apply a bilateral safeguard measure on a provisional basis pursuant to a preliminary determination that there is clear evidence that imports of an originating good from the other Party have increased as the result of the reduction or elimination of a customs duty under this Agreement, and such imports cause serious injury, or threat thereof, to the domestic industry. The duration of any provisional measure shall not exceed 200 days, during which time the Party shall comply with the requirements of Articles 3.2.2 and 3.2.3. The Party shall promptly refund any tariff increases if the investigation described in Article 3.2.2 does not result in a finding that the requirements of Article 3.1 are met. The duration of any provisional measure shall be counted as part of the period prescribed by Article 3.2.5(b).

Article 3.4

Compensation

1. A Party applying a bilateral safeguard measure shall consult with the other Party in order to mutually agree on appropriate trade liberalising compensation in the form of concessions having substantially equivalent trade effects or equivalent to the value of the additional duties expected to result from the safeguard measure. The Party shall provide an opportunity for such consultations no later than 30 days after the application of the bilateral safeguard measure.

2. If the consultations under paragraph 1 do not result in an agreement on trade liberalising compensation within 30 days after the consultations begin, the Party whose goods are subject to the safeguard measure may suspend the application of substantially equivalent concessions to the Party applying the safeguard measure.

3. The right of suspension referred to in paragraph 2 shall not be exercised for the first 24 months during which a bilateral safeguard measure is in effect, provided that the safeguard measure conforms to the provisions of this Agreement.

Article 3.5

Definitions

For the purposes of this Section:

serious injury and threat of serious injury shall be understood in accordance with Article 4.1(a) and (b) of the Agreement on Safeguards. To this end, Article 4.1(a) and (b) is incorporated into and made part of this Agreement, mutatis mutandis; and

transition period means a period for a good from the date of entry into force of this Agreement until 10 years from the date of completion of tariff reduction or elimination, as the case may be for each good.

SECTION B

Agricultural safeguard measures

Article 3.6

Agricultural safeguard measures

1. A Party may apply a measure in the form of a higher import duty on an originating agricultural good listed in its Schedule included in Annex 3, consistent with paragraphs 2 through 8, if the aggregate volume of imports of that good in any year exceeds a trigger level as set out in its Schedule included in Annex 3.

2. The duty under paragraph 1 shall not exceed the lesser of the prevailing MFN applied rate, or the MFN applied rate of duty in effect on the day immediately preceding the date this Agreement enters into force, or the tariff rate set out in the Party’s Schedule included in Annex 3.

3. The duties each Party applies under paragraph 1 shall be set according to its Schedules included in Annex 3.

4. Neither Party may apply or maintain an agricultural safeguard measure under this Article and at the same time apply or maintain with respect to the same good:

(a)	a bilateral safeguard measure in accordance with Article 3.1;

(b)	a measure under Article XIX of GATT 1994 and the Agreement on Safeguards; or

(c)	a special safeguard measure under Article 5 of the Agreement on Agriculture.

5. A Party shall implement any agricultural safeguard measure in a transparent manner. Within 60 days after imposing an agricultural safeguard measure, the Party applying the measure shall notify the other Party in writing and provide the other Party with relevant data concerning the measure. On the written request of the exporting Party, the Parties shall consult regarding the application of the measure.

6. The implementation and operation of this Article may be the subject of discussion and review in the Committee on Trade in Goods referred to in Article 2.16 (Committee on Trade in Goods).

7. Neither Party may apply or maintain an agricultural safeguard measure on an originating agricultural good:

(a)	if the period specified in the agricultural safeguard provisions of its Schedule included in Annex 3 has expired; or

(b)	if the measure increases the in-quota duty on a good subject to a TRQ set out in Appendix 2-A-1 of its Schedule included in Annex 2-A (Elimination of Customs Duties).

8. Any supplies of the goods in question which were en route on the basis of a contract made before the additional duty is imposed under paragraphs 1 through 4 shall be exempted from any such additional duty, provided that they may be counted in the volume of imports of the goods in question during the following year for the purpose of triggering paragraph 1 in that year.

SECTION C

Global safeguard measures

Article 3.7

Global safeguard measures

1. Each Party retains its rights and obligations under Article XIX of GATT 1994 and the Agreement on Safeguards. Unless otherwise provided in this Article, this Agreement does not confer any additional rights or impose any additional obligations on the Parties with regard to measures taken under Article XIX of GATT 1994 and the Agreement on Safeguards.

2. At the request of the other Party, and provided it has a substantial interest, the Party intending to take safeguard measures shall provide immediately ad hoc written notification of all pertinent information on the initiation of a safeguard investigation, the provisional findings and the final findings of the investigation.

3. For the purposes of this Article, it is considered that a Party has a substantial interest when it is among the five largest suppliers of the imported goods during the most recent three-year period of time, measured in terms of either absolute volume or value.

4. Neither Party may apply, with respect to the same good, at the same time:

(a)	a bilateral safeguard measure in accordance with Article 3.1; and

(b)	a measure under Article XIX of GATT 1994 and the Agreement on Safeguards.

5. Neither Party may have recourse to Chapter Fourteen (Dispute Settlement) for any matter arising under this Section.

SECTION D

Anti-dumping and countervailing duties

Article 3.8

General provisions

1. Except as otherwise provided for in this Chapter, the Parties maintain their rights and obligations under Article VI of GATT 1994, the Agreement on Implementation of Article VI of GATT 1994, contained in Annex 1A to the WTO Agreement (hereinafter referred to as the ‘Anti-Dumping Agreement’) and the Agreement on Subsidies and Countervailing Measures, contained in Annex 1A to the WTO Agreement (hereinafter referred to as the ‘SCM Agreement’).

2. The Parties agree that anti-dumping and countervailing duties should be used in full compliance with the relevant WTO requirements and should be based on a fair and transparent system as regards proceedings affecting goods originating in the other Party. For this purpose the Parties shall ensure, immediately after any imposition of provisional measures and in any case before the final determination, full and meaningful disclosure of all essential facts and considerations which form the basis for the decision to apply measures, without prejudice to Article 6.5 of the Anti-Dumping Agreement and Article 12.4 of the SCM Agreement. Disclosures shall be made in writing, and allow interested parties sufficient time to make their comments.

3. In order to ensure the maximum efficiency in handling anti-dumping or countervailing duty investigations, and in particular considering the adequate right of defence, the use of English shall be accepted by the Parties for documents filed in anti-dumping or countervailing duty investigations. Nothing in this paragraph shall prevent Korea from requesting a clarification written in Korean if:

(a)	the meaning of the documents filed is not deemed reasonably clear by Korea’s investigating authorities for the purposes of the anti-dumping or countervailing duty investigation; and

(b)	the request is strictly limited to the part which is not reasonably clear for the purposes of the anti-dumping or countervailing duty investigation.

4. Provided that it does not unnecessarily delay the conduct of the investigation, interested parties shall be granted the opportunity to be heard in order to express their views during the anti-dumping or countervailing duty investigations.

Article 3.9

Notification

1. After receipt by a Party’s competent authorities of a properly documented anti-dumping application with respect to imports from the other Party, and no later than 15 days before initiating an investigation, the Party shall provide written notification to the other Party of its receipt of the application.

2. After receipt by a Party’s competent authorities of a properly documented countervailing duty application with respect to imports from the other Party, and before initiating an investigation, the Party shall provide written notification to the other Party of its receipt of the application and afford the other Party a meeting to consult with its competent authorities regarding the application.

Article 3.10

Consideration of public interests

The Parties shall endeavour to consider the public interests before imposing an anti-dumping or countervailing duty.

Article 3.11

Investigation after termination resulting from a review

The Parties agree to examine, with special care, any application for initiation of an anti-dumping investigation on a good originating in the other Party and on which anti-dumping measures have been terminated in the previous 12 months as a result of a review. Unless this pre-initiation examination indicates that the circumstances have changed, the investigation shall not proceed.

Article 3.12

Cumulative assessment

When imports from more than one country are simultaneously subject to anti-dumping or countervailing duty investigation, a Party shall examine, with special care, whether the cumulative assessment of the effect of the imports of the other Party is appropriate in light of the conditions of competition between the imported goods and the conditions of competition between the imported goods and the like domestic goods.

Article 3.13

De-minimis standard applicable to review

1. Any measure subject to a review pursuant to Article 11 of the Anti-Dumping Agreement shall be terminated where it is determined that the likely recurring dumping margin is less than the de-minimis threshold set out in Article 5.8 of the Anti-Dumping Agreement.

2. When determining individual margins pursuant to Article 9.5 of the Anti-Dumping Agreement, no duty shall be imposed on exporters or producers in the exporting Party for which it is determined, on the basis of representative export sales, that the dumping margin is less than the de-minimis threshold set out in Article 5.8 of the Anti-Dumping Agreement.

Article 3.14

Lesser duty rule

Should a Party decide to impose an anti-dumping or countervailing duty, the amount of such duty shall not exceed the margin of dumping or countervailable subsidies, and it should be less than the margin if such lesser duty would be adequate to remove the injury to the domestic industry.

Article 3.15

Dispute settlement

Neither Party may have recourse to Chapter Fourteen (Dispute Settlement) for any matter arising under this Section.

SECTION E

Institutional provisions

Article 3.16

Working Group on Trade Remedy Cooperation

1. The Working Group on Trade Remedy Cooperation established pursuant to Article 15.3.1 (Working Groups) is a forum for dialogue for trade remedy cooperation.

2. The functions of the Working Group shall be to:

(a)	enhance a Party’s knowledge and understanding of the other Party’s trade remedy laws, policies and practices;

(b)	oversee the implementation of this Chapter;

(c)	improve cooperation between the Parties’ authorities having responsibility for matters on trade remedies;

(d)	provide a forum for the Parties to exchange information on issues relating to anti-dumping, subsidies and countervailing measures and safeguards;

(e)

provide a forum for the Parties to discuss other relevant topics of mutual interest including;

(i)	international issues relating to trade remedies, including issues relating to the WTO Doha Round Rules negotiations; and

(ii)	practices by the Parties’ competent authorities in anti-dumping, and countervailing duty investigations such as the application of ‘facts available’ and verification procedures; and

(f)	cooperate on any other matters that the Parties agree as necessary.

3. The Working Group shall normally meet annually and, if necessary, additional meetings could be organised at the request of either Party.

CHAPTER FOUR

TECHNICAL BARRIERS TO TRADE

Article 4.1

Affirmation of the TBT Agreement

The Parties affirm their existing rights and obligations with respect to each other under the Agreement on Technical Barriers to Trade, contained in Annex 1A to the WTO Agreement (hereinafter referred to as the ‘TBT Agreement’) which is incorporated into and made part of this Agreement, mutatis mutandis.

Article 4.2

Scope and definitions

1. This Chapter applies to the preparation, adoption and application of standards, technical regulations and conformity assessment procedures as defined in the TBT Agreement that may affect trade in goods between the Parties.

2. Notwithstanding paragraph 1, this Chapter does not apply to:

(a)	technical specifications prepared by governmental bodies for production or consumption requirements of such bodies; or

(b)	sanitary and phytosanitary measures as defined in Annex A of the Agreement on the Application of Sanitary and Phytosanitary Measures, contained in Annex 1A to the WTO Agreement (hereinafter referred to as the ‘SPS Agreement’).

3. For the purposes of this Chapter, the definitions of Annex 1 to the TBT Agreement shall apply.

Article 4.3

Joint cooperation

1. The Parties shall strengthen their cooperation in the field of standards, technical regulations and conformity assessment procedures with a view to increasing the mutual understanding of their respective systems and facilitating access to their respective markets. To this end, they may establish regulatory dialogues at both the horizontal and sectoral levels.

2. In their bilateral cooperation, the Parties shall seek to identify, develop and promote trade facilitating initiatives which may include, but are not limited to:

(a)	reinforcing regulatory cooperation through, for example, the exchange of information, experiences and data and scientific and technical cooperation with a view to improving the quality and level of their technical regulations and making efficient use of regulatory resources;

(b)	where appropriate, simplifying technical regulations, standards and conformity assessment procedures;

(c)	where the Parties agree, and where appropriate, for example where no international standard exists, avoiding unnecessary divergence in approach to regulations and conformity assessment procedures, and working towards the possibility of converging or aligning technical requirements; and

(d)	promoting and encouraging bilateral cooperation between their respective organisations, public or private, responsible for metrology, standardisation, testing, certification and accreditation.

3. On request, a Party shall give due consideration to proposals that the other Party makes for cooperation under the terms of this Chapter.

Article 4.4

Technical regulations

1. The Parties agree to make best use of good regulatory practice, as provided for in the TBT Agreement. In particular, the Parties agree

(a)	to fulfil the transparency obligations of the Parties as indicated in the TBT Agreement;

(b)

to use relevant international standards as a basis for technical regulations including conformity assessment procedures, except when such international standards would be an ineffective or inappropriate means for the fulfilment of the legitimate objectives pursued, and where international standards have not been used as a basis, to explain on request to the other Party the reasons why such standards have been judged inappropriate or ineffective for the aim pursued;

(c)	when a Party has adopted or is proposing to adopt a technical regulation, to provide the other Party on request with available information regarding the objective, legal basis and rationale for the technical regulation;

(d)

to establish mechanisms for providing improved information on technical regulations (including through a public website) to the other Party’s economic operators, and in particular to provide written information, and as appropriate and available, written guidance on compliance with their technical regulations to the other Party or its economic operators upon request without undue delay;

(e)	to take appropriate consideration of the other Party’s views where a part of the process of developing a technical regulation is open to public consultation, and on request to provide written responses to the comments made by the other Party;

(f)	when making notifications in accordance with the TBT Agreement, to allow at least 60 days following the notification for the other Party to provide comments in writing on the proposal; and

(g)

to leave sufficient time between the publication of technical regulations and their entry into force for economic operators of the other Party to adapt, except where urgent problems of safety, health, environmental protection or national security arise or threaten to arise, and where practicable to give appropriate consideration to reasonable requests for extending the comment period.

2. Each Party shall ensure that economic operators and other interested persons of the other Party are allowed to participate in any formal public consultative process concerning development of technical regulations, on terms no less favourable than those accorded to its own legal or natural persons.

3. Each Party shall endeavour to apply technical regulations uniformly and consistently throughout its territory. If Korea notifies the EU Party of an issue of trade that appears to arise from variations in the legislation of the Member States of the European Union that Korea considers not to be compatible with the Treaty on the Functioning of the European Union, the EU Party will make its best endeavours to address the issue in a timely manner.

Article 4.5

Standards

1. The Parties reconfirm their obligations under Article 4.1 of the TBT Agreement to ensure that their standardising bodies accept and comply with the Code of Good Practice for the Preparation and Adoption of Standards in Annex 3 to the TBT Agreement, and also have regard to the principles set out in Decisions and Recommendations adopted by the Committee since 1 January 1995, G/TBT/1/rev.8, 23 May 2002, Section IX (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), issued by the WTO Committee on Technical Barriers to Trade.

2. The Parties undertake to exchange information on:

(a)	their use of standards in connection with technical regulations;

(b)	each other’s standardisation processes, and the extent of use of international standards as a base for their national and regional standards; and

(c)	cooperation agreements implemented by either Party on standardisation, for example information on standardisation issues in free trade agreements with third parties.

Article 4.6

Conformity assessment and accreditation

1. The Parties recognise that a broad range of mechanisms exist to facilitate the acceptance of the results of conformity assessment procedures conducted in the territory of the other Party, including:

(a)	agreements on mutual acceptance of the results of conformity assessment procedures with respect to specific technical regulations conducted by bodies located in the territory of the other Party;

(b)	accreditation procedures for qualifying conformity assessment bodies located in the territory of the other Party;

(c)	governmental designation of conformity assessment bodies located in the territory of the other Party;

(d)	recognition by a Party of the results of conformity assessment procedures conducted in the territory of the other Party;

(e)	voluntary arrangements between conformity assessment bodies in the territory of each Party; and

(f)	the importing Party’s acceptance of a supplier’s declaration of conformity.

2. Having regard in particular to those considerations, the Parties undertake:

(a)	to intensify their exchange of information on these and similar mechanisms with a view to facilitating the acceptance of conformity assessment results;

(b)	to exchange information on conformity assessment procedures, and in particular on the criteria used to select appropriate conformity assessment procedures for specific products;

(c)

to exchange information on accreditation policy, and to consider how to make best use of international standards for accreditation, and international agreements involving the Parties’ accreditation bodies, for example, through the mechanisms of the International Laboratory Accreditation Cooperation and the International Accreditation Forum; and

(d)	in line with Article 5.1.2 of the TBT Agreement, to require conformity assessment procedures that are not more strict than necessary.

3. Principles and procedures established in respect of development and adoption of technical regulations under Article 4.4 with a view to avoiding unnecessary obstacles to trade and ensuring transparency and non-discrimination shall also apply in respect of mandatory conformity assessment procedures.

Article 4.7

Market surveillance

The Parties undertake to exchange views on market surveillance and enforcement activities.

Article 4.8

Conformity assessment fees

The Parties reaffirm their obligation under Article 5.2.5 of the TBT Agreement, that fees for mandatory conformity assessment of imported products shall be equitable in relation to the fees charged for conformity assessment of like products of national origin or originating in other countries, taking into account communication, transportation and other costs arising from differences between location of facilities of the applicant and the conformity assessment body, and undertake to apply this principle in the areas covered by this Chapter.

Article 4.9

Marking and labelling

1. The Parties note the provision of paragraph 1 of Annex 1 of the TBT Agreement, that a technical regulation may include or deal exclusively with marking or labelling requirements, and agree that where their technical regulations contain mandatory marking or labelling, they will observe the principles of Article 2.2 of the TBT Agreement, that technical regulations should not be prepared with a view to, or with the effect of, creating unnecessary obstacles to international trade, and should not be more trade restrictive than necessary to fulfil a legitimate objective.

2. In particular, the Parties agree that where a Party requires mandatory marking or labelling of products:

(a)

the Party shall endeavour to minimise its requirements for marking or labelling other than marking or labelling relevant to consumers or users of the product. Where labelling for other purposes, for example, for fiscal purposes is required, such a requirement shall be formulated in a manner that is not more trade restrictive than necessary to fulfil a legitimate objective;

(b)

the Party may specify the form of labels or markings, but shall not require any prior approval, registration or certification in this regard. This provision is without prejudice to the right of the Party to require prior approval of the specific information to be provided on the label or marking in the light of the relevant domestic regulation;

(c)	where the Party requires the use of a unique identification number by economic operators, the Party shall issue such number to the economic operators of the other Party without undue delay and on a non-discriminatory basis;

(d)

the Party shall remain free to require that the information on the marks or labels be in a specified language. Where there is an international system of nomenclature accepted by the Parties, this may also be used. The simultaneous use of other languages shall not be prohibited, provided that, either the information provided in the other languages shall be identical to that provided in the specified language, or that the information provided in the additional language shall not constitute a deceptive statement regarding the product; and

(e)	the Party shall, in cases where it considers that legitimate objectives under the TBT Agreement are not compromised thereby, endeavour to accept non-permanent or detachable labels, or marking or labelling in the accompanying documentation rather than physically attached to the product.

Article 4.10

Coordination mechanism

1. The Parties agree to nominate TBT Coordinators and to give appropriate information to the other Party when their TBT Coordinator changes. The TBT Coordinators shall work jointly in order to facilitate the implementation of this Chapter and cooperation between the Parties in all matters pertaining to this Chapter.

2. The Coordinator’s functions shall include:

(a)

monitoring the implementation and administration of this Chapter, promptly addressing any issue that either Party raises related to the development, adoption, application or enforcement of standards, technical regulations and conformity assessment procedures, and upon either Party’s request, consulting on any matter arising under this Chapter;

(b)	enhancing cooperation in the development and improvement of standards, technical regulations and conformity assessment procedures;

(c)	arranging the establishment of regulatory dialogues as appropriate in accordance with Article 4.3;

(d)	arranging the establishment of working groups, which may include or consult with non-governmental experts and stakeholders as mutually agreed by the Parties;

(e)	exchanging information on developments in non-governmental, regional and multilateral fora related to standards, technical regulations and conformity assessment procedures; and

(f)	reviewing this Chapter in light of any developments under the TBT Agreement.

3. The Coordinators shall communicate with one another by any agreed method that is appropriate for the efficient and effective discharge of their functions.

CHAPTER FIVE

SANITARY AND PHYTOSANITARY MEASURES

Article 5.1

Objective

1. The objective of this Chapter is to minimise the negative effects of sanitary and phytosanitary measures on trade while protecting human, animal or plant life or health in the Parties’ territories.

2. Furthermore, this Chapter aims to enhance cooperation between the Parties on animal welfare issues, taking into consideration various factors such as livestock industry conditions of the Parties.

Article 5.2

Scope

This Chapter applies to all sanitary and phytosanitary measures of a Party that may, directly or indirectly, affect trade between the Parties.

Article 5.3

Definition

For the purposes of this Chapter, sanitary or phytosanitary measure means any measure defined in paragraph 1 of Annex A of the SPS Agreement.

Article 5.4

Rights and obligations

The Parties affirm their existing rights and obligations under the SPS Agreement.

Article 5.5

Transparency and exchange of information

The Parties shall:

(a)	pursue transparency as regards sanitary and phytosanitary measures applicable to trade;

(b)	enhance mutual understanding of each Party’s sanitary and phytosanitary measures and their application;

(c)	exchange information on matters related to the development and application of sanitary and phytosanitary measures that affect, or may affect, trade between the Parties with a view to minimising their negative trade effects; and

(d)	communicate, upon request of a Party, the requirements that apply to the import of specific products.

Article 5.6

International standards

The Parties shall:

(a)	cooperate, at the request of a Party, to develop a common understanding on the application of international standards in areas which affect, or may affect trade between them with a view to minimising negative effects on trade between them; and

(b)	cooperate in the development of international standards, guidelines and recommendations.

Article 5.7

Import requirements

1. The general import requirements of a Party shall apply to the entire territory of the other Party.

2. Additional specific import requirements may be imposed on the exporting Party or parts thereof based on the determination of the animal or plant health status of the exporting Party or parts thereof made by the importing Party in accordance with the SPS Agreement, the Codex Alimentarius Commission, the World Organisation for Animal Health (hereinafter referred to as the ‘OIE’) and the International Plant Protection Convention (hereinafter referred to as the ‘IPPC’) guidelines and standards.

Article 5.8

Measures linked to animal and plant health

1. The Parties shall recognise the concept of pest- or disease-free areas and areas of low pest or disease prevalence, in accordance with the SPS Agreement, OIE and IPPC standards, and shall establish an appropriate procedure for the recognition of such areas, taking into account any relevant international standard, guideline or recommendation.

2. When determining such areas, the Parties shall consider factors such as geographical location, ecosystems, epidemiological surveillance and the effectiveness of sanitary or phytosanitary controls in such areas.

3. The Parties shall establish close cooperation on the determination of pest- or disease-free areas and areas of low pest or disease prevalence with the objective of acquiring confidence in the procedures followed by each Party for the determination of such areas. The Parties shall endeavour to complete this confidence-building activity within about two years from the entry into force of this Agreement. The successful completion of the confidence-building cooperation shall be confirmed by the Committee on Sanitary and Phytosanitary Measures referred to in Article 5.10.

4. When determining such areas, the importing Party shall in principle base its own determination of the animal or plant health status of the exporting Party or parts thereof on the information provided by the exporting Party in accordance with the SPS Agreement, OIE and IPPC standards, and take into consideration the determination made by the exporting Party. In this connection, if a Party does not accept the determination made by the other Party, the Party not accepting the determination shall explain the reasons and shall be ready to enter into consultations.

5. The exporting Party shall provide necessary evidence in order to objectively demonstrate to the importing Party that such areas are, and are likely to remain, pest- or disease-free areas and areas of low pest or disease prevalence, respectively. For this purpose, reasonable access shall be given, upon request, to the importing Party for inspection, testing and other relevant procedures.

Article 5.9

Cooperation on animal welfare

The Parties shall:

(a)	exchange information, expertise and experiences in the field of animal welfare and adopt a working plan for such activities; and

(b)	cooperate in the development of animal welfare standards in international fora, in particular with respect to the stunning and slaughter of animals.

Article 5.10

Committee on sanitary and phytosanitary measures

1. The Committee on Sanitary and Phytosanitary Measures established pursuant to Article 15.2.1 (Specialised Committees) may:

(a)	develop the necessary procedures or arrangements for the implementation of this Chapter;

(b)	monitor the progress of the implementation of this Chapter;

(c)	confirm the successful completion of the confidence-building activity referred to in Article 5.8.3;

(d)	develop procedures for the approval of establishments for products of animal origin and, where appropriate, of production sites for products of plant origin; and

(e)

provide a forum for discussion of problems arising from the application of certain sanitary or phytosanitary measures with a view to reaching mutually acceptable alternatives. In this connection, the Committee shall be convened as a matter of urgency, at the request of a Party, so as to carry out consultations.

2. The Committee shall be comprised of representatives of the Parties and shall meet once a year on a mutually agreed date. The venue of meetings shall also be mutually agreed. The agenda shall be agreed before the meetings. The chairmanship shall alternate between the Parties.

Article 5.11

Dispute settlement

Neither Party may have recourse to Chapter Fourteen (Dispute Settlement) for any matter arising under this Chapter.

CHAPTER SIX

CUSTOMS AND TRADE FACILITATION

Article 6.1

Objectives and principles

With the objectives of facilitating trade and promoting customs cooperation on a bilateral and multilateral basis, the Parties agree to cooperate and to adopt and apply their import, export and transit requirements and procedures for goods on the basis of the following objectives and principles:

(a)

in order to ensure that import, export and transit requirements and procedures for goods are efficient and proportionate;

(i)	each Party shall adopt or maintain expedited customs procedures while maintaining appropriate customs control and selection procedures;

(ii)	import, export and transit requirements and procedures shall be no more administratively burdensome or trade restrictive than necessary to achieve legitimate objectives;

(iii)

each Party shall provide for clearance of goods with a minimum of documentation and make electronic systems accessible to customs users;

(iv)	each Party shall use information technology that expedites procedures for the release of goods;

(v)	each Party shall ensure that its customs authorities and agencies involved in border controls including import, export and transit matters, cooperate and coordinate their activities; and

(vi)	each Party shall provide that the use of customs brokers is optional.

(b)

import, export and transit requirements and procedures shall be based on international trade and customs instruments and standards which the Parties have accepted;

(i)

international trade and customs instruments and standards shall be the basis for import, export and transit requirements and procedures, where such instruments and standards exist, except when they would be an inappropriate or ineffective means for the fulfilment of the legitimate objectives pursued; and

(ii)	data requirements and processes shall be progressively used and applied in accordance with World Customs Organisation (hereinafter referred to as the ‘WCO’) Customs Data Model and related WCO recommendations and guidelines;

(c)	requirements and procedures shall be transparent and predictable for importers, exporters and other interested parties;

(d)	each Party shall consult in a timely manner with representatives of the trading community and other interested parties, including on significant new or amended requirements and procedures prior to their adoption;

(e)	risk management principles or procedures shall be applied to focus compliance efforts on transactions that merit attention;

(f)	each Party shall cooperate and exchange information for the purpose of promoting the application of, and compliance with, the trade facilitation measures agreed upon under this Agreement; and

(g)	measures to facilitate trade shall not prejudice the fulfilment of legitimate policy objectives, such as the protection of national security, health and the environment.

Article 6.2

Release of goods

1. Each Party shall adopt and apply simplified and efficient customs and other trade-related requirements and procedures in order to facilitate trade between the Parties.

2. Pursuant to paragraph 1, each Party shall ensure that its customs authorities, border agencies or other competent authorities apply requirements and procedures that:

(a)	provide for the release of goods within a period no longer than that required to ensure compliance with its customs and other trade-related laws and formalities. Each Party shall work to further reduce release time;

(b)	provide for advance electronic submission and eventual processing of information before physical arrival of goods, ‘pre-arrival processing’, to enable the release of goods on arrival;

(c)	allow importers to obtain the release of goods from customs before, and without prejudice to, the final determination by its customs authority of the applicable customs duties, taxes and fees (3); and

(d)	allow goods to be released for free circulation at the point of arrival, without temporary transfer to warehouses or other facilities.

Article 6.3

Simplified customs procedure

The Parties shall endeavour to apply simplified import and export procedures for traders or economic operators which meet specific criteria decided by a Party, providing in particular more rapid release and clearance of goods, including advance electronic submission and processing of information before physical arrival of consignments, a lower incidence of physical inspections, and facilitation of trade with regard to, for example, simplified declarations with a minimum of documentation.

Article 6.4

Risk management

Each Party shall apply risk management systems, to the extent possible in an electronic manner, for risk analysis and targeting that enable its customs authorities to focus inspection activities on high-risk goods and that simplify the clearance and movement of low-risk goods. Each Party shall draw upon the revised International Convention on the Simplification and Harmonisation of Customs Procedures of 1999 (hereinafter referred to as the ‘Kyoto Convention’) and WCO Risk Management Guidelines for its risk management procedures.

Article 6.5

Transparency

1. Each Party shall ensure that its customs and other trade-related laws, regulations and general administrative procedures and other requirements, including fees and charges, are readily available to all interested parties, via an officially designated medium, and where feasible and possible, official website.

2. Each Party shall designate or maintain one or more inquiry or information points to address inquiries by interested persons concerning customs and other trade-related matters.

3. Each Party shall consult with, and provide information to, representatives of the trading community and other interested parties. Such consultations and information shall cover significant new or amended requirements and procedures and the opportunity to comment shall be provided prior to their adoption.

Article 6.6

Advance rulings

1. Upon written request from traders, each Party shall issue written advance rulings, through its customs authorities, prior to the importation of a good into its territory in accordance with its laws and regulations, on tariff classification, origin or any other such matters as the Party may decide.

2. Subject to any confidentiality requirements in its laws and regulations, each Party shall publish, e.g. on the Internet, its advance rulings on tariff classification and any other such matters as the Party may decide.

3. To facilitate trade, the Parties shall include in their bilateral dialogue regular updates on changes in their respective legislation on the matters referred to in paragraphs 1 and 2.

Article 6.7

Appeal procedures

1. Each Party shall ensure that with respect to its determinations on customs matters and other import, export and transit requirements and procedures, persons concerned who are the subject of such determinations shall have access to review or appeal of such determinations. A Party may require that an appeal be initially heard by the same agency, its supervisory authority or a judicial authority prior to a review by a higher independent body, which may be a judicial authority or administrative tribunal.

2. The producer or exporter may provide, upon request of the reviewing authority to the producer or exporter, information directly to the Party conducting the administrative review. The exporter or producer providing the information may ask the Party conducting the administrative review to treat that information as confidential in accordance with its laws and regulations.

Article 6.8

Confidentiality

1. Any information provided by persons or authorities of a Party to the authorities of the other Party pursuant to the provisions of this Chapter shall, including where requested pursuant to Article 6.7, be treated as being of confidential or restricted nature, depending on the laws and regulations applicable in each Party. It shall be covered by the obligation of official secrecy and shall enjoy the protection extended to similar information under the relevant laws and regulations of the Party that received it.

2. Personal data may be exchanged only where the Party receiving the data undertakes to protect such data in a manner at least equivalent to that applicable to that particular case in the Party that may supply them. The person providing information shall not stipulate any requirements which are more onerous than those applicable to it in its own jurisdiction.

3. Information referred to in paragraph 1 shall not be used by the authorities of the Party which has received it for purposes other than those for which it was provided without the express permission of the person or authority providing it.

4. Other than with the express permission of the person or authority that provided it, the information referred to in paragraph 1 shall not be published or otherwise disclosed to any persons, except where obliged or authorised to do so under the laws and regulations of the Party that received it in connection with legal proceedings. The person or authority that provided the information shall be notified of such disclosure, wherever possible, in advance.

5. Where an authority of a Party requests information pursuant to the provisions of this Chapter, it shall notify the requested persons of any possibility of disclosure in connection with legal proceedings.

6. The requesting Party shall, unless otherwise agreed by the person who provided the information, wherever appropriate, use all available measures under the applicable laws and regulations of that Party to maintain the confidentiality of information and to protect personal data in case of applications by a third party or other authorities for the disclosure of the information concerned.

Article 6.9

Fees and charges

With regard to all fees and charges of whatever character other than customs duties and the items that are excluded from the definition of a customs duty under Article 2.3 (Customs duty) imposed in connection with importation or exportation:

(a)	fees and charges shall only be imposed for services provided in connection with the importation or exportation in question or for any formality required for undertaking such importation or exportation;

(b)	fees and charges shall not exceed the approximate cost of the service provided;

(c)	fees and charges shall not be calculated on an ad valorem basis;

(d)	fees and charges shall not be imposed with respect to consular services;

(e)

the information on fees and charges shall be published via an officially designated medium, and where feasible and possible, official website. This information shall include the reason for the fee or charge for the service provided, the responsible authority, the fees and charges that will be applied, and when and how payment is to be made; and

(f)	new or amended fees and charges shall not be imposed until information in accordance with subparagraph (e) is published and made readily available.

Article 6.10

Pre-shipment inspections

Neither Party shall require the use of pre-shipment inspections or their equivalent.

Article 6.11

Post-clearance audit

Each Party shall provide traders with the opportunity to benefit from the application of efficient post clearance audits. The application of post clearance audits shall not impose unwarranted or unjustified requirements or burdens on traders.

Article 6.12

Customs valuation

The Customs Valuation Agreement without the reservations and options provided for in Article 20 and paragraphs 2 through 4 of Annex III of the Customs Valuation Agreement shall be incorporated into and made part of this Agreement, mutatis mutandis.

Article 6.13

Customs cooperation

1. The Parties shall enhance their cooperation in customs and customs-related matters.

2. The Parties undertake to develop trade facilitation actions in customs matters taking account of the work done in this connection by international organisations. This may include testing of new customs procedures.

3. The Parties affirm their commitment to the facilitation of the legitimate movement of goods and shall exchange expertise on measures to improve customs techniques and procedures and on computerised systems in accordance with the provisions of this Agreement.

4. The Parties shall commit to:

(a)	pursuing the harmonisation of documentation and data elements used in trade according to international standards for the purpose of facilitating the flow of trade between them in customs-related matters regarding the importation, exportation and transit of goods;

(b)	intensifying cooperation between their customs laboratories and scientific departments and to working towards the harmonisation of customs laboratories methods;

(c)	exchanging customs personnel;

(d)	jointly organising training programmes on customs-related issues, for the officials who participate directly in customs procedures;

(e)	developing effective mechanisms for communicating with the trade and business communities;

(f)	assisting to the extent practicable each other in the tariff classification, valuation and determination of origin for preferential tariff treatment of imported goods;

(g)	promoting strong and efficient intellectual property rights enforcement by customs authorities, regarding imports, exports, re-exports, transit, transhipments and other customs procedures, and in particular as regards counterfeit goods; and

(h)

improving the security, while facilitating trade, of sea-container and other shipments from all locations that are imported into, transhipped through, or transiting the Parties. The Parties agree that the objectives of the intensified and broadened cooperation include, but are not limited to:

(i)	working together to reinforce the customs related aspects for securing the logistics chain of international trade; and

(ii)	coordinating positions, to the greatest extent practicable, in any multilateral fora where issues related to container security may be appropriately raised and discussed.

5. The Parties recognise that technical cooperation between them is fundamental to facilitating compliance with the obligations set forth in this Agreement and to achieving high levels of trade facilitation. The Parties, through their customs administrations, agree to develop a technical cooperation programme under mutually agreed terms as to the scope, timing and cost of cooperative measures in customs and customs-related areas.

6. Through the Parties’ respective customs administrations and other border-related authorities, the Parties shall review relevant international initiatives on trade facilitation, including, inter alia, relevant work in the WTO and WCO, to identify areas where further joint action would facilitate trade between the Parties and promote shared multilateral objectives. The Parties shall work together to establish, wherever possible, common positions in international organisations in the field of customs and trade facilitation, notably in the WTO and WCO.

7. The Parties shall assist each other in implementation and enforcement of this Chapter, the Protocol concerning the Definition of ‘Originating Products’ and Methods of Administrative Cooperation, and their respective customs laws or regulations.

Article 6.14

Mutual administrative assistance in customs matters

1. The Parties shall provide mutual administrative assistance in customs matters in accordance with the provisions laid down in the Protocol on Mutual Administrative Assistance in Customs Matters.

2. Neither Party may have recourse to Chapter Fourteen (Dispute Settlement) under this Agreement for matters covered by Article 9.1 of the Protocol on Mutual Administrative Assistance in Customs Matters.

Article 6.15

Customs contact points

1. The Parties shall exchange lists of designated contact points for matters arising under this Chapter and the Protocol concerning the Definition of ‘Originating Products’ and Methods of Administrative Cooperation.

2. The contact points shall endeavour to resolve operational matters covered by this Chapter through consultations. If a matter cannot be resolved through the contact points, the matter shall be referred to the Customs Committee referred to in this Chapter.

Article 6.16

Customs Committee

1. The Customs Committee established pursuant to Article 15.2.1 (Specialised Committees) shall ensure the proper functioning of this Chapter and the Protocol concerning the Definition of ‘Originating Products’ and Methods of Administrative Cooperation and the Protocol on Mutual Administrative Assistance in Customs Matters and examine all issues arising from their application. For matters covered by this Agreement, it shall report to the Trade Committee set up under Article 15.1.1 (Trade Committee).

2. The Customs Committee shall consist of representatives of the customs and other competent authorities of the Parties responsible for customs and trade facilitation matters, for the management of the Protocol concerning the Definition of ‘Originating Products’ and Methods of Administrative Cooperation and the Protocol on Mutual Administrative Assistance in Customs Matters.

3. The Customs Committee shall adopt its rules of procedure and meet annually, the location of the meeting alternating between the Parties.

4. On the request of a Party, the Customs Committee shall meet to discuss and endeavour to resolve any difference that may arise between the Parties on matters as included in this Chapter and the Protocol concerning the Definition of ‘Originating Products’ and Methods of Administrative Cooperation and the Protocol on Mutual Administrative Assistance in Customs Matters, including trade facilitation, tariff classification, origin of goods and mutual administrative assistance in customs matters, in particular relating to Articles 7 and 8 of the Protocol on Mutual Administrative Assistance in Customs Matters.

5. The Customs Committee may formulate resolutions, recommendations or opinions which it considers necessary for the attainment of the common objectives and sound functioning of the mechanisms established in this Chapter and the Protocol concerning the Definition of ‘Originating Products’ and Methods of Administrative Cooperation and the Protocol on Mutual Administrative Assistance in Customs Matters.

CHAPTER SEVEN

TRADE IN SERVICES, ESTABLISHMENT AND ELECTRONIC COMMERCE

SECTION A

General provisions

Article 7.1

Objective, scope and coverage

1. The Parties, reaffirming their respective rights and obligations under the WTO Agreement, hereby lay down the necessary arrangements for progressive reciprocal liberalisation of trade in services and establishment and for cooperation on electronic commerce.

2. Nothing in this Chapter shall be construed to impose any obligation with respect to government procurement.

3. This Chapter shall not apply to subsidies or grants provided by a Party, including government-supported loans, guarantees and insurance.

4. Consistent with this Chapter, each Party retains the right to regulate and to introduce new regulations to meet legitimate policy objectives.

5. This Chapter shall not apply to measures affecting natural persons seeking access to the employment market of a Party, nor shall it apply to measures regarding citizenship, residence or employment on a permanent basis.

6 Nothing in this Chapter shall prevent a Party from applying measures to regulate the entry of natural persons into, or their temporary stay in, its territory, including those measures necessary to protect the integrity of, and to ensure the orderly movement of natural persons across, its borders, provided that such measures are not applied in such a manner as to nullify or impair the benefits accruing to the other Party under the terms of a specific commitment in this Chapter and its Annexes (4).

Article 7.2

Definitions

For the purposes of this Chapter:

(a)	measure means any measure by a Party, whether in the form of a law, regulation, rule, procedure, decision, administrative action or any other form;

(b)

measures adopted or maintained by a Party means measures taken by:

(i)	central, regional or local governments and authorities; and

(ii)	non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities;

(c)	person means either a natural person or a juridical person;

(d)	natural person means a national of Korea or one of the Member States of the European Union according to its respective legislation;

(e)	juridical person means any legal entity duly constituted or otherwise organised under applicable law, whether for profit or otherwise, and whether privately-owned or governmentally-owned, including any corporation, trust, partnership, joint venture, sole proprietorship or association;

(f)

juridical person of a Party means:

(i)

a juridical person set up in accordance with the laws of one of the Member States of the European Union or of Korea respectively, and having its registered office, central administration (5) or principal place of business in the territory to which the Treaty on European Union and the Treaty on the Functioning of the European Union apply, or of Korea respectively. Should the juridical person have only its registered office or central administration in the territory to which the Treaty on European Union and the Treaty on the Functioning of the European Union apply or of Korea, it shall not be considered as a juridical person of the European Union or of Korea respectively, unless it engages in substantive business operations (6) in the territory to which the Treaty on European Union and the Treaty on the Functioning of the European Union apply or of Korea respectively; or

(ii)	in the case of establishment in accordance with Article 7.9(a), a juridical person owned or controlled by natural persons of the EU Party or of Korea respectively, or by a juridical person of the European Union or of Korea identified under subparagraph (i) respectively.

A juridical person is:

(i)	owned by persons of the EU Party or of Korea if more than 50 percent of the equity interest in it is beneficially owned by persons of the EU Party or of Korea respectively;

(ii)	controlled by persons of the EU Party or of Korea if such persons have the power to name a majority of its directors or otherwise to legally direct its actions;

(iii)

affiliated with another person when it controls, or is controlled by, that other person; or when it and the other person are both controlled by the same person;

(g)

Notwithstanding subparagraph (f), shipping companies established outside the EU Party or Korea and controlled by nationals of a Member State of the European Union or of Korea respectively, shall also be covered by this Agreement, if their vessels are registered in accordance with the respective legislation of that Member State of the European Union or of Korea and carry the flag of a Member State of the European Union or of Korea (7);

(h)	economic integration agreement means an agreement substantially liberalising trade in services and establishment pursuant to the WTO Agreement in particular Articles V and V bis of GATS;

(i)	aircraft repair and maintenance services means such activities when undertaken on an aircraft or a part thereof while it is withdrawn from service and do not include so-called line maintenance;

(j)	computer reservation system (hereinafter referred to as ‘CRS’) services means services provided by computerised systems that contain information about air carriers’ schedules, availability, fares and fare rules, through which reservations can be made or tickets may be issued;

(k)

selling and marketing of air transport services means opportunities for the air carrier concerned to sell and market freely its air transport services including all aspects of marketing such as market research, advertising and distribution. These activities do not include the pricing of air transport services, nor the applicable conditions; and

(l)	service supplier means any person that supplies or seeks to supply a service, including as an investor.

Article 7.3

Committee on Trade in Services, Establishment and Electronic Commerce

1. The Committee on Trade in Services, Establishment and Electronic Commerce established pursuant to Article 15.2.1 (Specialised Committees) shall comprise representatives of the Parties. The principal representative of the Parties for the Committee shall be an official of its authority responsible for the implementation of this Chapter.

2. The Committee shall:

(a)	supervise and assess the implementation of this Chapter;

(b)	consider issues regarding this Chapter that are referred to it by a Party; and

(c)	provide opportunities for relevant authorities to exchange information on prudential measures with respect to Article 7.46.

SECTION B

Cross-border supply of services

Article 7.4

Scope and definitions

1. This Section applies to measures of the Parties affecting the cross-border supply of all service sectors with the exception of:

(a)	audio-visual services (8);

(b)	national maritime cabotage; and

(c)

domestic and international air transport services, whether scheduled or non-scheduled, and services directly related to the exercise of traffic rights, other than:

(i)	aircraft repair and maintenance services;

(ii)	the selling and marketing of air transport services;

(iii)

CRS services; and

(iv)	other services auxiliary to air transport services, such as ground handling services, rental service of aircraft with crew and airport management services.

2. Measures affecting the cross-border supply of services include measures affecting:

(a)	the production, distribution, marketing, sale and delivery of a service;

(b)	the purchase, payment or use of a service;

(c)	the access to and use of, in connection with the supply of a service, networks or services which are required by the Parties to be offered to the public generally; and

(d)	the presence in a Party’s territory of a service supplier of the other Party.

3. For the purposes of this Section:

(a)

cross-border supply of services is defined as the supply of a service:

(i)	from the territory of a Party into the territory of the other Party; and

(ii)	in the territory of a Party to the service consumer of the other Party;

(b)	services includes any service in any sector except services supplied in the exercise of governmental authority; and

(c)	a service supplied in the exercise of governmental authority means any service which is supplied neither on a commercial basis, nor in competition with one or more service suppliers.

Article 7.5

Market access

1. With respect to market access through the cross-border supply of services, each Party shall accord to services and service suppliers of the other Party treatment no less favourable than that provided for under the terms, limitations and conditions agreed and specified in the specific commitments contained in Annex 7-A.

2. In sectors where market access commitments are undertaken, the measures which a Party shall not adopt or maintain either on the basis of a regional subdivision or on the basis of its entire territory, unless otherwise specified in Annex 7-A, are defined as:

(a)	limitations on the number of service suppliers whether in the form of numerical quotas, monopolies, exclusive service suppliers or the requirement of an economic needs test (9);

(b)	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

(c)	limitations on the total number of service operations or on the total quantity of service output expressed in the terms of designated numerical units in the form of quotas or the requirement of an economic needs test (10).

Article 7.6

National treatment

1. In the sectors where market access commitments are inscribed in Annex 7-A and subject to any conditions and qualifications set out therein, each Party shall accord to services and service suppliers of the other Party, in respect of all measures affecting the cross-border supply of services, treatment no less favourable than that it accords to its own like services and service suppliers.

2. A Party may meet the requirement of paragraph 1 by according to services and service suppliers of the other Party, either formally identical treatment or formally different treatment to that it accords to its own like services and service suppliers.

3. Formally identical or formally different treatment shall be considered to be less favourable if it modifies the conditions of competition in favour of services or service suppliers of a Party compared to like services or service suppliers of the other Party.

4. Specific commitments assumed under this Article shall not be construed to require any Party to compensate for any inherent competitive disadvantages which result from the foreign character of the relevant services or service suppliers.

Article 7.7

Lists of commitments

1. The sectors liberalised by each Party pursuant to this Section and, by means of reservations, the market access and national treatment limitations applicable to services and service suppliers of the other Party in those sectors are set out in the lists of commitments included in Annex 7-A.

2. Neither Party may adopt new, or more, discriminatory measures with regard to services or service suppliers of the other Party in comparison with treatment accorded pursuant to the specific commitments undertaken in conformity with paragraph 1.

Article 7.8

MFN treatment (11)

1. With respect to any measures covered by this Section affecting the cross-border supply of services, unless otherwise provided for in this Article, each Party shall accord to services and service suppliers of the other Party treatment no less favourable than that it accords to like services and service suppliers of any third country in the context of an economic integration agreement signed after the entry into force of this Agreement.

2. Treatment arising from a regional economic integration agreement granted by either Party to services and service suppliers of a third party shall be excluded from the obligation in paragraph 1, only if this treatment is granted under sectoral or horizontal commitments for which the regional economic integration agreement stipulates a significantly higher level of obligations than those undertaken in the context of this Section as set out in Annex 7-B.

3. Notwithstanding paragraph 2, the obligations arising from paragraph 1 shall not apply to treatment granted:

(a)	under measures providing for recognition of qualifications, licences or prudential measures in accordance with Article VII of GATS or its Annex on Financial Services;

(b)	under any international agreement or arrangement relating wholly or mainly to taxation; or

(c)	under measures covered by the MFN exemptions listed in Annex 7-C.

4. This Chapter shall not be so construed as to prevent any Party from conferring or according advantages to adjacent countries in order to facilitate exchanges limited to contiguous frontier zone of services that are both locally produced and consumed.

SECTION C

Establishment

Article 7.9

Definitions

For the purposes of this Section:

(a)

establishment means:

(i)	the constitution, acquisition or maintenance of a juridical person (12); or

(ii)	the creation or maintenance of a branch or representative office

within the territory of a Party for the purpose of performing an economic activity;

(b)	investor means any person that seeks to perform or performs an economic activity through setting up an establishment (13);

(c)	economic activity includes any activities of an economic nature except activities carried out in the exercise of governmental authority, i.e. activities carried out neither on a commercial basis nor in competition with one or more economic operators;

(d)	subsidiary of a juridical person of a Party means a juridical person which is effectively controlled by another juridical person of that Party; and

(e)

branch of a juridical person means a place of business not having legal personality which has the appearance of permanency, such as the extension of a parent body, has a management and is materially equipped to negotiate business with third parties so that the latter, although knowing that there will, if necessary, be a legal link with the parent body, the head office of which is abroad, do not have to deal directly with such parent body but may transact business at the place of business constituting the extension.

Article 7.10

Scope

With a view to improving the investment environment, and in particular the conditions of establishment between the Parties, this Section applies to measures by the Parties affecting establishment (14) in all economic activities with the exception of:

(a)	mining, manufacturing and processing (15) of nuclear materials;

(b)	production of, or trade in, arms, munitions and war material (16);

(c)	audio-visual services (17);

(d)	national maritime cabotage; and

(e)

domestic and international air transport services, whether scheduled or non-scheduled, and services directly related to the exercise of traffic rights, other than:

(i)	aircraft repair and maintenance services;

(ii)	the selling and marketing of air transport services;

(iii)

CRS services; and

(iv)	other services auxiliary to air transport services, such as ground handling services, rental service of aircraft with crew and airport management services.

Article 7.11

Market access

1. With respect to market access through establishment, each Party shall accord to establishments and investors of the other Party treatment no less favourable than that provided for under the terms, limitations and conditions agreed and specified in the specific commitments contained in Annex 7-A.

(a)	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;

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

(c)	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 (18);

(d)	limitations on the participation of foreign capital in terms of maximum percentage limit on foreign shareholdings or the total value of individual or aggregate foreign investment;

(e)	measures which restrict or require specific types of legal entity or joint ventures through which an investor of the other Party may perform an economic activity; and

(f)

limitations on the total number of natural persons, other than key personnel and graduate trainees as defined in Article 7.17, that may be employed in a particular sector or that an investor may employ and who are necessary for, and directly related to, the performance of the economic activity in the form of numerical quotas or the requirement of an economic needs test.

Article 7.12

National treatment (19)

1. In the sectors inscribed in Annex 7-A, and subject to any conditions and qualifications set out therein, with respect to all measures affecting establishment, each Party shall accord to establishments and investors of the other Party treatment no less favourable than that it accords to its own like establishments and investors.

2. A Party may meet the requirement of paragraph 1 by according to establishments and investors of the other Party, either formally identical treatment or formally different treatment to that it accords to its own like establishments and investors.

3. Formally identical or formally different treatment shall be considered to be less favourable if it modifies the conditions of competition in favour of establishments or investors of the Party compared to like establishments or investors of the other Party.

Article 7.13

Lists of commitments

1. The sectors liberalised by each Party pursuant to this Section and, by means of reservations, the market access and national treatment limitations applicable to establishments and investors of the other Party in those sectors are set out in the lists of commitments included in Annex 7-A.

2. Neither Party may adopt new, or more, discriminatory measures with regard to establishments and investors of the other Party in comparison with treatment accorded pursuant to the specific commitments undertaken in conformity with paragraph 1.

Article 7.14

MFN treatment (20)

1. With respect to any measures covered by this Section affecting establishment, unless otherwise provided for in this Article, each Party shall accord to establishments and investors of the other Party treatment no less favourable than that it accords to like establishments and investors of any third country in the context of an economic integration agreement signed after the entry into force of this Agreement (21).

2. Treatment arising from a regional economic integration agreement granted by either Party to establishments and investors of a third party shall be excluded from the obligation in paragraph 1, only if this treatment is granted under sectoral or horizontal commitments for which the regional economic integration agreement stipulates a significantly higher level of obligations than those undertaken in the context of this Section as set out in Annex 7-B.

3. Notwithstanding paragraph 2, the obligations arising from paragraph 1 shall not apply to treatment granted:

(a)	under measures providing for recognition of qualifications, licences or prudential measures in accordance with Article VII of GATS or its Annex on Financial Services;

(b)	under any international agreement or arrangement relating wholly or mainly to taxation; or

(c)	under measures covered by an MFN exemption listed in Annex 7-C.

Article 7.15

Other agreements

Nothing in this Chapter shall be deemed to:

(a)	limit the rights of investors of the Parties to benefit from any more favourable treatment provided for in any existing or future international agreement relating to investment to which one of the Member States of the European Union and Korea are party; and

(b)	derogate from the international legal obligations of the Parties under those agreements that provide investors of the Parties with more favourable treatment than that provided for under this Agreement.

Article 7.16

Review of the investment legal framework

1. With a view to progressively liberalising investments, the Parties shall review the investment legal framework (22), the investment environment and the flow of investment between them consistently with their commitments in international agreements no later than three years after the entry into force of this Agreement and at regular intervals thereafter.

2. In the context of the review referred to in paragraph 1, the Parties shall assess any obstacles to investment that have been encountered and shall undertake negotiations to address such obstacles, with a view to deepening the provisions of this Chapter, including with respect to general principles of investment protection.

SECTION D

Temporary presence of natural persons for business

Article 7.17

Scope and definitions

1. This Section applies to measures of the Parties concerning the entry into, and temporary stay in, their territories of key personnel, graduate trainees, business services sellers, contractual service suppliers and independent professionals subject to Article 7.1.5.

2. For the purposes of this Section:

(a)

key personnel means natural persons employed within a juridical person of a Party other than a non-profit organisation and who are responsible for the setting up or the proper control, administration and operation of an establishment. Key personnel comprise business visitors responsible for setting up an establishment and intra-corporate transferees;

(i)	business visitors means natural persons working in a senior position who are responsible for setting up an establishment. They do not engage in direct transactions with the general public and do not receive remuneration from a source located within the host Party; and

(ii)

intra-corporate transferees means natural persons who have been employed by a juridical person of a Party or have been partners in it (other than as majority shareholders) for at least one year and who are temporarily transferred to an establishment (including subsidiaries, affiliates or branches) in the territory of the other Party. The natural person concerned shall belong to one of the following categories.

Managers

Natural persons working in a senior position within a juridical person, who primarily direct the management of the establishment, receiving general supervision or direction principally from the board of directors or shareholders of the business or their equivalents, including:

(A)	directing the establishment or a department or sub-division thereof;

(B)	supervising and controlling the work of other supervisory, professional or managerial employees; and

(C)	having the authority personally to recruit and dismiss or recommend recruiting, dismissing or other personnel actions.

Specialists

Natural persons working within a juridical person who possess uncommon knowledge essential to the establishment’s production, research equipment, techniques or management. In assessing such knowledge, account will be taken not only of knowledge specific to the establishment, but also of whether the person has a high level of qualification referring to a type of work or trade requiring specific technical knowledge, including membership of an accredited profession.

(b)

graduate trainees means natural persons who have been employed by a juridical person of a Party for at least one year, who possess a university degree and who are temporarily transferred to an establishment in the territory of the other Party for career development purposes or to obtain training in business techniques or methods (23);

(c)

business service sellers means natural persons who are representatives of a service supplier of a Party seeking temporary entry into the territory of the other Party for the purpose of negotiating the sale of services or entering into agreements to sell services for that service supplier. They do not engage in making direct sales to the general public and do not receive remuneration from a source located within the host Party;

(d)

contractual service suppliers means natural persons employed by a juridical person of a Party which has no establishment in the territory of the other Party and which has concluded a bona fide contract to supply services with a final consumer in the latter Party requiring the presence on a temporary basis of its employees in that Party in order to fulfil the contract to provide services (24); and

(e)

independent professionals means natural persons engaged in the supply of a service and established as self-employed in the territory of a Party who have no establishment in the territory of the other Party and who have concluded a bona fide contract to supply services with a final consumer in the latter Party requiring their presence on a temporary basis in that Party in order to fulfil the contract to provide services (25).

Article 7.18

Key personnel and graduate trainees

1. For every sector liberalised in accordance with Section C and subject to any reservations listed in Annex 7-A, each Party shall allow investors of the other Party to transfer to their establishment natural persons of that other Party, provided that such employees are key personnel or graduate trainees as defined in Article 7.17. The temporary entry and stay of key personnel and graduate trainees shall be permitted for a period of up to three years for intra-corporate transferees (26), 90 days in any 12 month period for business visitors (27), and one year for graduate trainees.

2. For every sector liberalised in accordance with Section C, the measures which a Party shall not maintain or adopt, unless otherwise specified in Annex 7-A, are defined as limitations on the total number of natural persons that an investor may transfer as key personnel or graduate trainees in a specific sector in the form of numerical quotas or a requirement of an economic needs test and as discriminatory limitations (28).

Article 7.19

Business service sellers

For every sector liberalised in accordance with Section B or C and subject to any reservations listed in Annex 7-A, each Party shall allow the temporary entry and stay of business service sellers for a period of up to 90 days in any 12 month period (29).

Article 7.20

Contractual service supplier and independent professionals

1. The Parties reaffirm their respective obligations arising from their commitments under the GATS as regards the temporary entry and stay of contractual service suppliers and independent professionals.

2. No later than two years after the conclusion of the negotiations pursuant to Article XIX of GATS and to the Ministerial Declaration of the WTO Ministerial Conference adopted on 14 November 2001, the Trade Committee shall adopt a decision containing a list of commitments concerning the access of contractual service suppliers and independent professionals of a Party to the territory of the other Party. Taking into account the results of those GATS negotiations, the commitments shall be mutually beneficial and commercially meaningful.

SECTION E

Regulatory framework

Sub-section A

Provisions of general application

Article 7.21

Mutual recognition

1. Nothing in this Chapter shall prevent a Party from requiring that natural persons possess the necessary qualifications and/or professional experience specified in the territory where the service is supplied, for the sector of activity concerned.

2. The Parties shall encourage the relevant representative professional bodies in their respective territories to jointly develop and provide recommendations on mutual recognition to the Trade Committee, for the purpose of the fulfilment, in whole or in part, by service suppliers and investors in services sectors, of the criteria applied by each Party for the authorisation, licensing, operation and certification of service suppliers and investors in services sectors and, in particular, professional services, including temporary licensing.

3. On receipt of a recommendation referred to in paragraph 2, the Trade Committee shall, within a reasonable time, review the recommendation with a view to determining whether it is consistent with this Agreement.

4. When, in conformity with the procedure set out in paragraph 3, a recommendation referred to in paragraph 2 has been found to be consistent with this Agreement and there is a sufficient level of correspondence between the relevant regulations of the Parties, the Parties shall, with a view to implementing that recommendation, negotiate, through their competent authorities, an agreement on mutual recognition (hereinafter referred to as an ‘MRA’) of requirements, qualifications, licences and other regulations.

5. Any such agreement shall be in conformity with the relevant provisions of the WTO Agreement and, in particular, Article VII of GATS.

6. The Working Group on MRA established pursuant to Article 15.3.1 (Working Groups) shall operate under the Trade Committee and shall comprise representatives of the Parties. With a view to facilitating the activities referred to in paragraph 2, the Working Group shall meet within one year of the entry into force of this Agreement, unless the Parties agree otherwise

(a)

The Working Group should consider, for services generally, and as appropriate for individual services, the following matters:

(i)	procedures for encouraging the relevant representative bodies in their respective territories to consider their interest in mutual recognition; and

(ii)	procedures for fostering the development of recommendations on mutual recognition by the relevant representative bodies.

(b)	The Working Group shall function as a contact point for issues relating to mutual recognition raised by relevant professional bodies of either Party.

Article 7.22

Transparency and confidential information

1. The Parties, through the mechanisms established pursuant to Chapter Twelve (Transparency), shall respond promptly to all requests by the other Party for specific information on:

(a)	international agreements or arrangements, including on mutual recognition, which pertain to or affect matters falling under this Chapter; and

(b)

standards and criteria for licensing and certification of service suppliers, including information concerning the appropriate regulatory or other body to consult regarding such standards and criteria. Such standards and criteria include requirements regarding education, examination, experience, conduct and ethics, professional development and re-certification, scope of practice, local knowledge and consumer protection.

2. Nothing in this Agreement shall require any Party to provide confidential information, the disclosure of which would impede law enforcement, or otherwise be contrary to the public interests, or which would prejudice legitimate commercial interests of particular enterprises, public or private.

3. Each Party’s regulatory authorities shall make publicly available the requirements, including any documentation required, for completing applications relating to the supply of services.

4. On the request of an applicant, a Party’s regulatory authority shall inform the applicant of the status of its application. If the authority requires additional information from the applicant, it shall notify the applicant without undue delay.

5. On the request of an unsuccessful applicant, a regulatory authority that has denied an application shall, to the extent possible, inform the applicant of the reasons for denial of the application.

6. A Party’s regulatory authority shall make an administrative decision on a completed application of an investor or a cross-border service supplier of the other Party relating to the supply of a service within 120 days, and shall promptly notify the applicant of the decision. An application shall not be considered complete until all relevant hearings are held and all necessary information is received. Where it is not possible for a decision to be made within 120 days, the regulatory authority shall notify the applicant without undue delay and shall endeavour to make the decision within a reasonable period of time thereafter.

Article 7.23

Domestic regulation

1. Where authorisation is required for the supply of a service or for establishment on which a specific commitment has been made, the competent authorities of a Party shall, within a reasonable period of time after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application. At the request of the applicant, the competent authorities of the Party shall provide, without undue delay, information concerning the status of the application.

2. Each Party shall institute or maintain judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected investor or service supplier, for a prompt review of, and where justified, appropriate remedies for, administrative decisions affecting establishment, cross-border supply of services or temporary presence of natural persons for business purpose. Where such procedures are not independent of the agency entrusted with the administrative decision concerned, the Parties shall ensure that the procedures in fact provide for an objective and impartial review.

3. With a view to ensuring that measures relating to qualification requirements and procedures, technical standards and licensing requirements do not constitute unnecessary barriers to trade in services, while recognising the right to regulate and to introduce new regulations on the supply of services in order to meet public policy objectives, each Party shall endeavour to ensure, as appropriate for individual sectors, that such measures are:

(a)	based on objective and transparent criteria, such as competence and the ability to supply the service; and

(b)	in the case of licensing procedures, not in themselves a restriction on the supply of the service.

4. This Article shall be amended, as appropriate, after consultations between the Parties, to bring under this Agreement the results of the negotiations pursuant to paragraph 4 of Article VI of GATS or the results of any similar negotiations undertaken in other multilateral fora in which both Parties participate once they become effective.

Article 7.24

Governance

Each Party shall, to the extent practicable, ensure that internationally agreed standards for regulation and supervision in the financial services sector and for the fight against tax evasion and avoidance are implemented and applied in its territory. Such internationally agreed standards are, inter alia, the Core Principle for Effective Banking Supervision of the Basel Committee on Banking Supervision, the Insurance Core Principles and Methodology, approved in Singapore on 3 October 2003 of the International Association of Insurance Supervisors, the Objectives and Principles of Securities Regulation of the International Organisation of Securities Commissions, the Agreement on Exchange of Information on Tax Matters of the Organisation for Economic Cooperation and Development (hereinafter referred to as the ‘OECD’), the Statement on Transparency and Exchange of Information for Tax Purposes of the G20, and the Forty Recommendations on Money Laundering and Nine Special Recommendations on Terrorist Financing of the Financial Action Task Force.

Sub-section B

Computer services

Article 7.25

Computer services

1. In liberalising trade in computer services in accordance with Sections B through D, the Parties subscribe to the understanding set out in the following paragraphs.

2. CPC (30) 84, the United Nations code used for describing computer and related services, covers the basic functions used to provide all computer and related services including computer programs defined as the sets of instructions required to make computers work and communicate (including their development and implementation), data processing and storage, and related services, such as consultancy and training services for staff of clients. Technological developments have led to the increased offering of these services as a bundle or package of related services that can include some or all of these basic functions. For example, services such as web or domain hosting, data mining services and grid computing consist of a combination of basic computer services functions respectively.

3. Computer and related services, regardless of whether they are delivered via a network, including the Internet, include all services that provide:

(a)	consulting, strategy, analysis, planning, specification, design, development, installation, implementation, integration, testing, debugging, updating, support, technical assistance or management of or for computers or computer systems;

(b)	computer programs plus consulting, strategy, analysis, planning, specification, design, development, installation, implementation, integration, testing, debugging, updating, adaptation, maintenance, support, technical assistance, management or use of or for computer programs;

(c)	data processing, data storage, data hosting or database services;

(d)	maintenance and repair services for office machinery and equipment, including computers; or

(e)	training services for staff of clients, related to computer programs, computers or computer systems, and not elsewhere classified.

4. Computer and related services enable the provision of other services such as banking by both electronic and other means. The Parties recognise that there is an important distinction between the enabling service such as web-hosting or application hosting and the content or core service that is being delivered electronically such as banking, and that in such cases the content or core service is not covered by CPC 84.

Sub-section C

Postal and courier services

Article 7.26

Regulatory principles

No later than three years after the entry into force of this Agreement, with a view to ensuring competition in postal and courier services not reserved to a monopoly in each Party, the Trade Committee shall set out the principles of the regulatory framework applicable to those services. Those principles shall aim to address issues such as anti-competitive practices, universal service, individual licences and nature of the regulatory authority (31).

Sub-section D

Telecommunications services

Article 7.27

Scope and definitions

1. This Sub-section sets out the principles of the regulatory framework for the basic telecommunications services (32), other than broadcasting, liberalised pursuant to Sections B through D of this Chapter.

2. For the purposes of this Sub-section:

(a)	telecommunications services means all services consisting of the transmission and reception of electromagnetic signals and does not cover the economic activity consisting of the provision of content which requires telecommunications for its transport;

(b)	public telecommunications transport service means any telecommunications service that a Party requires, explicitly or in effect, to be offered to the public generally;

(c)	public telecommunications transport network means the public telecommunications infrastructure which permits telecommunications between and among defined network termination points;

(d)	regulatory authority in the telecommunication sector means the body or bodies charged with the regulation of telecommunications mentioned in this Sub-section;

(e)

essential facilities means facilities of a public telecommunications transport network or service that:

(i)	are exclusively or predominantly provided by a single or limited number of suppliers; and

(ii)	cannot feasibly be economically or technically substituted in order to provide a service;

(f)

major supplier in the telecommunication sector means a supplier that has the ability to materially affect the terms of participation (having regard to price and supply) in the relevant market for telecommunications services as a result of its control over essential facilities or the use of its position in the market;

(g)	interconnection means linking with suppliers providing public telecommunications transport networks or services in order to allow the users of one supplier to communicate with users of another supplier and to access services provided by another supplier, where specific commitments are undertaken;

(h)	universal service means the set of services that must be made available to all users in the territory of a Party regardless of their geographical location and at an affordable price (33);

(i)	end-user means a final consumer of or subscriber to a public telecommunications transport service, including a service supplier other than a supplier of public telecommunications transport services;

(j)	non-discriminatory means treatment no less favourable than that accorded to any other user of like public telecommunications transport networks or services in like circumstances; and

(k)

number portability means the ability of end-users of public telecommunications transport services to retain, at the same location, the same telephone numbers without impairment of quality, reliability or convenience when switching between the same category of suppliers of public telecommunications transport services.

Article 7.28

Regulatory authority

1. A regulatory authority for telecommunications services shall be legally distinct from and functionally independent of any supplier of telecommunications services.

2. The regulatory authority shall be sufficiently empowered to regulate the telecommunications services sector. The tasks to be undertaken by a regulatory authority shall be made public in an easily accessible and clear form, in particular where those tasks are assigned to more than one body.

3. The decisions of, and the procedures used by, the regulatory authority shall be impartial with respect to all market participants.

Article 7.29

Authorisation to provide telecommunications services

1. Provision of services shall, to the extent practicable, be authorised following a simplified authorisation procedure.

2. A licence can be required to address issues of attributions of frequencies, numbers and rights of way. The terms and conditions for such licence shall be made publicly available.

3. Where a licence is required:

(a)	all the licensing criteria and the reasonable period of time normally required to reach a decision concerning an application for a licence shall be made publicly available;

(b)	the reasons for the denial of a licence shall be made known in writing to the applicant upon request; and

(c)	licence fees (34) required by any Party for granting a licence shall not exceed the administrative costs normally incurred in the management, control and enforcement of the applicable licences (35).

Article 7.30

Competitive safeguards on major suppliers

Appropriate measures shall be maintained for the purpose of preventing suppliers who, alone or together, are a major supplier from engaging in or continuing anti-competitive practices. These anti-competitive practices shall include in particular:

(a)	engaging in anti-competitive cross-subsidisation (36);

(b)	using information obtained from competitors with anti-competitive results; and

(c)	not making available to other service suppliers on a timely basis technical information about essential facilities and commercially relevant information which are necessary for them to provide services.

Article 7.31

Interconnection

1. Each Party shall ensure that suppliers of public telecommunications transport networks or services in its territory provide, directly or indirectly within the same territory, to suppliers of public telecommunications transport services of the other Party the possibility to negotiate interconnection. Interconnection should in principle be agreed on the basis of commercial negotiations between the companies concerned.

2. Regulatory authorities shall ensure that suppliers that acquire information from another undertaking during the process of negotiating interconnection arrangements use that information solely for the purpose for which it was supplied and respect at all times the confidentiality of information transmitted or stored.

3. Interconnection with a major supplier shall be ensured at any technically feasible point in the network. Such interconnection shall be provided:

(a)

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

(b)

in a timely fashion, on terms and conditions (including technical standards and specifications) and at cost-oriented rates that are transparent, reasonable, having regard to economic feasibility, and 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

(c)	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.

4. The procedures applicable for interconnection with a major supplier shall be made publicly available.

5. Major suppliers shall make publicly available either their interconnection agreements or their reference interconnection offers (37).

Article 7.32

Number portability

Each Party shall ensure that suppliers of public telecommunications transport services in its territory, other than suppliers of voice over internet protocol services, provide number portability to the extent technically feasible, and on reasonable terms and conditions.

Article 7.33

Allocation and use of scarce resources

1. Any procedures for the allocation and use of scarce resources, including frequencies, numbers and rights of way, shall be carried out in an objective, timely, transparent and non-discriminatory manner.

2. The current state of allocated frequency bands shall be made publicly available, but detailed identification of frequencies allocated for specific government uses is not required.

Article 7.34

Universal service

1. Each Party has the right to define the kind of universal service obligations it wishes to maintain.

2. Such obligations will not be regarded as anti-competitive per se, provided they are administered in a transparent, objective and non-discriminatory way. The administration of such obligations shall also be neutral with respect to competition and not be more burdensome than necessary for the kind of universal service defined by each Party.

Article 7.35

Confidentiality of information

Each Party shall ensure the confidentiality of telecommunications and related traffic data by means of a public telecommunications transport network and publicly available telecommunications services without restricting trade in services.

Article 7.36

Resolution of telecommunications disputes

1. Each Party shall ensure that:

(a)	service suppliers may have recourse to a regulatory authority or other relevant body of the Party to resolve disputes between service suppliers or between service suppliers and users regarding matters set out in this Sub-section; and

(b)

in the event of a dispute arising between suppliers of public telecommunications transport networks or services in connection with rights and obligations that arise from this Sub-section, a regulatory authority concerned shall, at the request of either party to the dispute issue a binding decision to resolve the dispute in the shortest possible time frame and in any case within a reasonable period of time.

2. Any service supplier whose legally protected interests are adversely affected by a determination or decision of a regulatory authority:

(a)

shall have a right to appeal against that determination or decision to an appeal body (38). Where the appeal body is not judicial in character, written reasons for its determination or decision shall always be given and its determination or decision shall also be subject to review by an impartial and independent judicial authority. Determinations or decisions taken by appeal bodies shall be effectively enforced; and

(b)

may obtain review of the determination or decision by an impartial and independent judicial authority of the Party. Neither Party may permit an application for judicial review to constitute grounds for non-compliance with the determination or decision of the regulatory authority unless the relevant judicial body stays such determination or decision.

Sub-section E

Financial services

Article 7.37

Scope and definitions

1. This Sub-section sets out the principles of the regulatory framework for all financial services liberalised pursuant to Sections B through D.

2. For the purposes of this Sub-section:

financial services means any service of a financial nature offered by a financial service supplier of a Party. Financial services include the following activities:

(a)

Insurance and insurance-related services:

(i)

direct insurance (including co-insurance):

(A)

life;

(B)

non-life;

(ii)	reinsurance and retrocession;

(iii)

insurance inter-mediation, such as brokerage and agency; and

(iv)	services auxiliary to insurance, such as consultancy, actuarial, risk assessment and claim settlement services; and

(b)

Banking and other financial services (excluding insurance):

(i)	acceptance of deposits and other repayable funds from the public;

(ii)	lending of all types, including consumer credit, mortgage credit, factoring and financing of commercial transactions;

(iii)

financial leasing;

(iv)	all payment and money transmission services, including credit, charge and debit cards, travellers cheques and bankers drafts;

(v)	guarantees and commitments;

(vi)

trading for own account or for account of customers, whether on an exchange, in an over-the-counter market or otherwise, the following:

(A)	money market instruments (including cheques, bills and certificates of deposits);

(B)	foreign exchange;

(C)	derivative products including, but not limited to, futures and options;

(D)	exchange rate and interest rate instruments, including products such as swaps, forward rate agreements;

(E)	transferable securities; and

(F)	other negotiable instruments and financial assets, including bullion;

(vii)

participation in issues of all kinds of securities, including underwriting and placement as agent (whether publicly or privately) and provision of services related to such issues;

(viii)

money broking;

(ix)	asset management, such as cash or portfolio management, all forms of collective investment management, pension fund management, custodial, depository and trust services;

(x)	settlement and clearing services for financial assets, including securities, derivative products and other negotiable instruments;

(xi)	provision and transfer of financial information, and financial data processing and related software; and

(xii)

advisory, intermediation and other auxiliary financial services on all the activities listed in subparagraphs (i) through (xi), including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy;

financial service supplier means any natural person or juridical person of a Party that seeks to provide or provides financial services and does not include a public entity;

public entity means:

(a)

a government, a central bank or a monetary authority of a Party or an entity owned or controlled by a Party, that is principally engaged in carrying out governmental functions or activities for governmental purposes, not including an entity principally engaged in supplying financial services on commercial terms; or

(b)	a private entity, performing functions normally performed by a central bank or monetary authority, when exercising those functions;

new financial service means a service of a financial nature, including services related to existing and new products or the manner in which a product is delivered, that is not supplied by any financial service supplier in the territory of a Party but which is supplied in the territory of the other Party.

Article 7.38

Prudential carve-out (39)

1. Each Party may adopt or maintain measures for prudential reasons (40), including:

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

(b)	ensuring the integrity and stability of the Party’s financial system.

2. These measures shall not be more burdensome than necessary to achieve their aim, and where they do not conform to the other provisions of this Agreement, they shall not be used as a means of avoiding each Party’s commitments or obligations under such provisions.

3. Nothing in this Agreement shall be construed to require a Party to disclose information relating to the affairs and accounts of individual consumers or any confidential or proprietary information in the possession of public entities.

4. Without prejudice to other means of prudential regulation of cross-border trade in financial services, a Party may require the registration of cross-border financial service suppliers of the other Party and of financial instruments.

Article 7.39

Transparency

The Parties recognise that transparent regulations and policies governing the activities of financial service suppliers are important in facilitating access of foreign financial service suppliers to, and their operations in, each other’s markets. Each Party commits to promoting regulatory transparency in financial services.

Article 7.40

Self-regulatory organisations

When a Party requires membership or participation in, or access to, any self-regulatory organisations, securities or futures exchange or market, clearing agency or any other organisation or association, in order for financial service suppliers of the other Party to supply financial services on an equal basis to financial service suppliers of the Party, or when the Party provides directly or indirectly such entities with privileges or advantages in supplying financial services, the Party shall ensure observance of the obligations of Articles 7.6, 7.8, 7.12 and 7.14 by such self-regulatory organisation.

Article 7.41

Payment and clearing systems

Under terms and conditions that accord national treatment, each Party shall grant to financial service suppliers of the other Party established in its territory access to payment and clearing systems operated by public entities and to official funding and refinancing facilities available in the normal course of ordinary business. This Article is not intended to confer access to a Party’s lender of last resort facilities.

Article 7.42

New financial services

Each Party shall permit a financial service supplier of the other Party established in its territory to provide any new financial service that the Party would permit its own financial service suppliers to supply, in like circumstances, under its domestic law, provided that the introduction of the new financial service does not require a new law or modification of an existing law. A Party may determine the institutional and juridical form through which the service may be provided and may require authorisation for the provision of the service. Where such authorisation is required, a decision shall be made within a reasonable period of time and the authorisation may be refused only for prudential reasons.

Article 7.43

Data processing

No later than two years after the entry into force of this Agreement, and in no case later than the effective date of similar commitments stemming from other economic integration agreements:

(a)

each Party shall permit a financial service supplier of the other Party established in its territory to transfer information in electronic or other form, into and out of its territory, for data processing where such processing is required in the ordinary course of business of such financial service supplier; and

(b)	each Party, reaffirming its commitment (41) to protect fundamental rights and freedom of individuals, shall adopt adequate safeguards to the protection of privacy, in particular with regard to the transfer of personal data.

Article 7.44

Specific exceptions

1. Nothing in this Chapter shall be construed to prevent a Party, including its public entities, from exclusively conducting or providing in its territory activities or services forming part of a public retirement plan or statutory system of social security, except when those activities may be carried out, as provided by its domestic regulations, by financial service suppliers in competition with public entities or private institutions.

2. Nothing in this Agreement shall apply to activities conducted by a central bank or monetary authority or by any other public entity in pursuit of monetary or exchange rate policies.

3. Nothing in this Chapter shall be construed to prevent a Party, including its public entities, from exclusively conducting or providing in its territory activities or services for the account or with the guarantee or using the financial resources of the Party, including its public entities except when those activities may be carried out, as provided by its domestic regulations, by financial service suppliers in competition with public entities or private institutions.

Article 7.45

Dispute settlement

1. Chapter Fourteen (Dispute Settlement) shall apply to the settlement of disputes on financial services arising exclusively under this Chapter, except as otherwise provided in this Article.

2. The Trade Committee shall, no later than six months after the entry into force of this Agreement, establish a list of 15 individuals. Each Party shall propose five individuals respectively and the Parties shall also select five individuals who are not nationals of either Party and who shall act as chairperson to the arbitration panel. Those individuals shall have expertise or experience in financial services law or practice, which may include the regulation of financial service suppliers, and shall comply with Annex 14-C (Code of Conduct for Members of Arbitration Panels and Mediators).

3. When panellists are selected by lot pursuant to Article 14.5.3 (Establishment of the Arbitration Panel), Article 14.9.3 (The Reasonable Period of Time for Compliance), Article 14.10.3 (Review of any Measure Taken to Comply with the Arbitration Panel Ruling), Article 14.11.4 (Temporary Remedies in case of Non-compliance), Article 14.12.3 (Review of any Measure Taken to Comply after the Suspension of Obligations), Articles 6.1, 6.3 and 6.4 (Replacement) of Annex 14-B (Rules of Procedure for Arbitration), the selection shall be made in the list established pursuant to paragraph 2.

4. Notwithstanding Article 14.11, where a panel finds a measure to be inconsistent with this Agreement and the measure under dispute affects the financial services sector and any other sector, the complaining Party may suspend benefits in the financial services sector that have an effect equivalent to the effect of the measure in its financial services sector. Where such measure affects only a sector other than the financial services sector, the complaining Party may not suspend benefits in the financial services sector.

Article 7.46

Recognition

1. A Party may recognise prudential measures of the other Party in determining how the Party’s measures relating to financial services shall be applied. Such recognition, which may be achieved through harmonisation or otherwise, may be based upon an agreement or arrangement between the Parties, or may be accorded autonomously.

2. A Party that is a party to an agreement or arrangement of the type referred to in paragraph 1 with a third party, whether at the time of entry into force of this Agreement or thereafter, shall afford adequate opportunity for the other Party to negotiate its accession to such agreements or arrangements, or to negotiate comparable ones with it, under circumstances in which there would be equivalent regulation, oversight, implementation of such regulation, and, if appropriate, procedures concerning the sharing of information between the parties to the agreement or arrangement. Where a Party accords recognition autonomously, it shall afford adequate opportunity for the other Party to demonstrate that such circumstances exist.

Sub-section F

International maritime transport services

Article 7.47

Scope, definitions and principles

1. This Sub-section sets out the principles regarding the liberalisation of international maritime transport services pursuant to Sections B through D.

2. For the purposes of this Sub-section:

(a)

international maritime transport includes door to door transport operations, which is the carriage of goods using more than one mode of transport, involving a sea-leg, under a single transport document, and to this effect includes the right to directly contract with providers of other modes of transport;

(b)

maritime cargo handling services means activities exercised by stevedore companies, including terminal operators, but not including the direct activities of dockers, when this workforce is organised independently of the stevedoring or terminal operator companies. The activities covered include the organisation and supervision of:

(i)	the loading/discharging of cargo to/from a ship;

(ii)	the lashing/unlashing of cargo; and

(iii)

the reception/delivery and safekeeping of cargoes before shipment or after discharge;

(c)

customs clearance services (alternatively ‘customs house brokers services’) means activities consisting in carrying out on behalf of another party customs formalities concerning import, export or through transport of cargoes, whether this service is the main activity of the service provider or a usual complement of its main activity;

(d)	container station and depot services means activities consisting in storing containers in port areas with a view to their stuffing/stripping, repairing and making them available for shipments; and

(e)

maritime agency services means activities consisting in representing, within a given geographic area, as an agent the business interests of one or more shipping lines or shipping companies, for the following purposes:

(i)	marketing and sales of maritime transport and related services, from quotation to invoicing, and issuance of bills of lading on behalf of the companies, acquisition and resale of the necessary related services, preparation of documentation, and provision of business information; and

(ii)	acting on behalf of the companies organising the call of the ship or taking over cargoes when required.

3. In view of the existing levels of liberalisation between the Parties in international maritime transport:

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

(b)

each Party shall grant to ships flying the flag of the other Party or operated by service suppliers of the other 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.

4. In applying these principles, the Parties shall:

(a)	not introduce cargo-sharing arrangements in future bilateral agreements with third parties concerning maritime transport services, including dry and liquid bulk and liner trade, and not activate such cargo-sharing arrangements in case they exist in previous bilateral agreements; and

(b)

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

5. Each Party shall permit international maritime service suppliers of the other Party to have an establishment in its territory under conditions of establishment and operation no less favourable than those accorded to its own service suppliers or those of any third party, whichever are the better, in accordance with the conditions inscribed in its list of commitments.

6. Each Party shall make available to international maritime transport suppliers of the other Party on reasonable and non-discriminatory terms and conditions the following services at the port:

(a)

pilotage;

(b)	towing and tug assistance;

(c)	provisioning;

(d)	fuelling and watering;

(e)	garbage collecting and ballast waste disposal;

(f)	port captain’s services;

(g)	navigation aids; and

(h)	shore-based operational services essential to ship operations, including communications, water and electrical supplies, emergency repair facilities, anchorage, berth and berthing services.

SECTION F

Electronic commerce

Article 7.48

Objective and principles

1. The Parties, recognising the economic growth and trade opportunities that electronic commerce provides, the importance of avoiding barriers to its use and development, and the applicability of the WTO Agreement to measures affecting electronic commerce, agree to promote the development of electronic commerce between them, in particular by cooperating on the issues raised by electronic commerce under this Chapter.

2. The Parties agree that the development of electronic commerce must be fully compatible with the international standards of data protection, in order to ensure the confidence of users of electronic commerce.

3. The Parties agree not to impose customs duties on deliveries by electronic means (42).

Article 7.49

Cooperation on regulatory issues

1. The Parties shall maintain a dialogue on regulatory issues raised by electronic commerce, which will, inter alia, address the following issues:

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

(b)	the liability of intermediary service providers with respect to the transmission or storage of information;

(c)	the treatment of unsolicited electronic commercial communications;

(d)	the protection of consumers in the ambit of electronic commerce;

(e)	the development of paperless trading; and

(f)	any other issues relevant for the development of electronic commerce.

2. The dialogue can include exchange of information on the Parties’ respective legislation on these issues as well as on the implementation of such legislation.

SECTION G

Exceptions

Article 7.50

Exceptions

Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on establishment or cross-border supply of services, nothing in this Chapter shall be construed to prevent the adoption or enforcement by either Party of measures:

(a)	necessary to protect public security or public morals or to maintain public order (43);

(b)	necessary to protect human, animal or plant life or health;

(c)	relating to the conservation of exhaustible natural resources if such measures are applied in conjunction with restrictions on domestic investors or on the domestic supply or consumption of services;

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

(e)

necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Chapter including those relating to:

(i)	the prevention of deceptive and fraudulent practices or to deal with the effects of a default on contracts;

(ii)	the protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts;

(iii)

safety;

(f)	inconsistent with Articles 7.6 and 7.12, provided that the difference in treatment is aimed at ensuring the equitable or effective (44) imposition or collection of direct taxes in respect of economic activities, investors or service suppliers of the other Party.

CHAPTER EIGHT

PAYMENTS AND CAPITAL MOVEMENTS

Article 8.1

Current payments

The Parties undertake to impose no restrictions on, and to allow, all payments and transfers on the current account of balance of payments between residents of the Parties to be made in freely convertible currency, in accordance with the Articles of Agreement of the International Monetary Fund.

Article 8.2

Capital movements

1. With regard to transactions on the capital and financial account of balance of payments, the Parties undertake to impose no restrictions on the free movement of capital relating to direct investments made in accordance with the laws of the host country, to investments and other transactions liberalised in accordance with Chapter Seven (Trade in Services, Establishment and Electronic Commerce) and to the liquidation and repatriation of such invested capital and of any profit generated therefrom.

2. Without prejudice to other provisions in this Agreement, the Parties shall ensure, with regard to transactions not covered by paragraph 1 on the capital and financial account of balance of payments, in accordance with the laws of the host country, the free movement by investors of the other Party of capital relating to, inter alia:

(a)	credits related to commercial transactions including the provision of services in which a resident of a Party is participating;

(b)	financial loans and credits; or

(c)	capital participation in a juridical person with no intention of establishing or maintaining lasting economic links.

3. Without prejudice to other provisions in this Agreement, the Parties shall not introduce any new restrictions on the movement of capital between residents of the Parties and shall not make the existing arrangements more restrictive.

4. The Parties may hold consultations with a view to further facilitating the movement of capital between them in order to promote the objectives of this Agreement.

Article 8.3

Exceptions

Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on capital movements, nothing in this Chapter shall be construed to prevent the adoption or enforcement by either Party of measures:

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

(b)

necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Chapter including those relating to:

(i)	the prevention of criminal or penal offences, deceptive and fraudulent practices or to deal with the effects of a default on contracts (bankruptcy, insolvency and protection of the right of creditors);

(ii)	measures adopted or maintained to ensure the integrity and stability of a Party’s financial system;

(iii)

issuing, trading or dealing in securities, options, futures or other derivatives;

(iv)	financial reporting or record keeping of transfers when necessary to assist law enforcement or financial regulatory authorities; or

(v)	ensuring compliance with orders or judgements in juridical or administrative proceedings.

Article 8.4

Safeguard measures

1. Where, in exceptional circumstances, payments and capital movements between the Parties cause or threaten to cause serious difficulties for the operation of monetary policy or exchange rate policy (45) in Korea or one or more Member States of the European Union, safeguard measures with regard to capital movements that are strictly necessary (46) may be taken by the Parties concerned (47) for a period not exceeding six months (48).

2. The Trade Committee shall be informed forthwith of the adoption of any safeguard measure and, as soon as possible, of a time schedule for its removal

CHAPTER NINE

GOVERNMENT PROCUREMENT

Article 9.1

General provisions

1. The Parties reaffirm their rights and obligations under the Agreement on Government Procurement contained in Annex 4 to the WTO Agreement (hereinafter referred to as the ‘GPA 1994’) and their interest in further expanding bilateral trading opportunities in each Party’s government procurement market.

2. The Parties recognise their shared interest in promoting international liberalisation of government procurement markets in the context of the rules-based international trading system. The Parties shall continue to cooperate in the review under Article XXIV:7 of the GPA 1994 and in other appropriate international fora.

3. Nothing in this Chapter shall be construed to derogate from either Party’s rights or obligations under the GPA 1994, or from an agreement which replaces it.

4. For all procurement covered by this Chapter, the Parties shall apply the provisionally agreed revised GPA text (49) (hereinafter referred to as the ‘revised GPA’), with the exception of the following:

(a)	most favoured treatment for goods, services and suppliers of any other Party (subparagraph 1(b) and paragraph 2 of Article IV of the revised GPA);

(b)	special and differential treatment for developing countries (Article V of the revised GPA);

(c)

conditions for participation (paragraph 2 of Article VIII of the revised GPA) which shall be replaced by: ‘shall not impose the condition that, in order for a supplier of a Party to participate in a procurement or be awarded a contract, the supplier has previously been awarded one or more contracts by a procuring entity of the other Party or that the supplier has prior work experience in the territory of that Party, except when prior works experience is essential to meet the requirements of the procurement;’;

(d)	institutions (Article XXI of the revised GPA); and

(e)	final provisions (Article XXII of the revised GPA).

5. For the purposes of the application of the revised GPA under paragraph 4:

(a)	‘Agreement’ in the revised GPA means ‘Chapter,’ except that ‘countries not Parties to this Agreement’ means ‘non-Parties’ and ‘Party to the Agreement’ means ‘Party’;

(b)	‘other Parties’ in the revised GPA means ‘the other Party’; and

(c)	‘the Committee’ in the revised GPA means ‘the Working Group’.

Article 9.2

Scope and coverage

1. The procurement covered by this Chapter shall be all procurement covered by each Party’s Annexes to the GPA 1994 and any note attached thereto, including their amendments or replacements.

2. For the purposes of this Agreement, build-operate-transfer contracts (hereinafter referred to as ‘BOT contracts’) and public works concessions, as defined in Annex 9, shall be subject to Annex 9.

Article 9.3

Government Procurement Working Group

The Working Group on Government Procurement established pursuant to Article 15.3.1 (Working Groups) shall meet, as mutually agreed or upon request of a Party, to:

(a)	consider issues regarding government procurement and BOT contracts or public works concessions that are referred to it by a Party;

(b)	exchange information relating to the government procurement and BOT contracts or public works concessions opportunities in each Party; and

(c)	discuss any other matters related to the operation of this Chapter.

CHAPTER TEN

INTELLECTUAL PROPERTY

SECTION A

General provisions

Article 10.1

Objectives

The objectives of this Chapter are to:

(a)	facilitate the production and commercialisation of innovative and creative products in the Parties; and

(b)	achieve an adequate and effective level of protection and enforcement of intellectual property rights.

Article 10.2

Nature and scope of obligations

1. The Parties shall ensure an adequate and effective implementation of the international treaties dealing with intellectual property to which they are party including the Agreement on Trade-Related Aspects of Intellectual Property Rights, contained in Annex 1C to the WTO Agreement (hereinafter referred to as the ‘TRIPS Agreement’). The provisions of this Chapter shall complement and specify the rights and obligations between the Parties under the TRIPS Agreement.

2. For the purposes of this Agreement, intellectual property rights embody:

(a)	copyright, including copyright in computer programs and in databases, and related rights;

(b)	the rights related to patents;

(c)	trademarks;

(d)	service marks;

(e)

designs;

(f)	layout-designs (topographies) of integrated circuits;

(g)	geographical indications;

(h)	plant varieties; and

(i)	protection of undisclosed information.

3. Protection of intellectual property includes protection against unfair competition as referred to in article 10 bis of the Paris Convention for the Protection of Industrial Property (1967) (hereinafter referred to as the ‘Paris Convention’).

Article 10.3

Transfer of technology

1. The Parties agree to exchange views and information on their practices and policies affecting transfer of technology, both within their respective territories and with third countries. This shall in particular include measures to facilitate information flows, business partnerships, licensing and subcontracting. Particular attention shall be paid to the conditions necessary to create an adequate enabling environment for technology transfer in the host countries, including, inter alia, issues such as development of human capital and legal framework.

2. Each Party shall take measures, as appropriate, to prevent or control licensing practices or conditions pertaining to intellectual property rights which may adversely affect the international transfer of technology and which constitute an abuse of intellectual property rights by right holders.

Article 10.4

Exhaustion

The Parties shall be free to establish their own regime for the exhaustion of intellectual property rights.

SECTION B

Standards concerning intellectual property rights

Sub-section A

Article 10.5

Protection granted

The Parties shall comply with:

(a)	Articles 1 through 22 of the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (1961) (hereinafter referred to as the ‘Rome Convention’);

(b)	Articles 1 through 18 of the Berne Convention for the Protection of Literary and Artistic Works (1971) (hereinafter referred to as the ‘Berne Convention’);

(c)	Articles 1 through 14 of the World Intellectual Property Organisation (hereinafter referred to as the ‘WIPO’) Copyright Treaty (1996) (hereinafter referred to as the ‘WCT’); and

(d)	Articles 1 through 23 of the WIPO Performances and Phonograms Treaty (1996) (hereinafter referred to as the ‘WPPT’).

Article 10.6

Duration of authors’ rights

Each Party shall provide that, where the term of protection of a work is to be calculated on the basis of the life of a natural person, the term shall be not less than the life of the author and 70 years after the author’s death.

Article 10.7

Broadcasting organisations

1. The rights of broadcasting organisations shall expire not less than 50 years after the first transmission of a broadcast, whether this broadcast is transmitted by wire or over the air, including by cable or satellite.

2. Neither Party may permit the retransmission of television signals (whether terrestrial, cable or satellite) on the Internet without the authorisation of the right holder or right holders, if any, of the content of the signal and of the signal (50).

Article 10.8

Cooperation on collective management of rights

The Parties shall endeavour to facilitate the establishment of arrangements between their respective collecting societies for the purposes of mutually ensuring easier access and delivery of content between the Parties, as well as ensuring mutual transfer of royalties for use of the Parties’ works or other copyright-protected subject matters. The Parties shall endeavour to achieve a high level of rationalisation and to improve transparency with respect to the execution of the task of their respective collecting societies.

Article 10.9

Broadcasting and communication to the public

1. For the purposes of this Article:

(a)

broadcasting means the transmission by wireless means for public reception of sounds or of images and sounds or of the representations thereof; such transmission by satellite is also ‘broadcasting’; transmission of encrypted signals is broadcasting where the means for decrypting are provided to the public by the broadcasting organisation or with its consent; and

(b)

communication to the public means the transmission to the public by any medium, otherwise than by broadcasting, of sounds of a performance or the sounds or the representations of sounds fixed in a phonogram. For the purposes of paragraph 5, ‘communication to the public’ includes making the sounds or representations of sounds fixed in a phonogram audible to the public.

2. Each Party shall provide performers with the exclusive right to authorise or prohibit the broadcasting by wireless means and the communication to the public of their performances, except where the performance is itself already a broadcast performance or is made from a fixation.

3. Each Party shall provide performers and producers of phonograms with the right to a single equitable remuneration, if a phonogram published for commercial purposes or a reproduction of such phonogram is used for broadcasting by wireless means or for any communication to the public.

4. Each Party shall establish in its legislation that the single equitable remuneration shall be claimed from the user by performers or producers of phonograms, or by both. The Parties may enact legislation that, in the absence of an agreement between performers and producers of phonograms, sets the terms according to which performers and producers of phonograms shall share the single equitable remuneration.

5. Each Party shall provide broadcasting organisations with the exclusive right to authorise or prohibit:

(a)	the re-broadcasting of their broadcasts;

(b)	the fixation of their broadcasts; and

(c)

the communication to the public of their television broadcasts if such communication is made in places accessible to the public against payment of an entrance fee. It shall be a matter for the domestic law of the State where protection of this right is claimed to determine the conditions under which it may be exercised.

Article 10.10

Artists’ resale right in works of Art

The Parties agree to exchange views and information on the practices and policies concerning the artists’ resale right. Within two years of the entry into force of this Agreement, the Parties shall enter into consultations to review the desirability and feasibility of introducing an artists’ resale right in works of art in Korea.

Article 10.11

Limitations and exceptions

The Parties may, in their legislation, provide for limitations of, or exceptions to, the rights granted to the right holders referred to in Articles 10.5 through 10.10 in certain special cases that do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the right holders.

Article 10.12

Protection of technological measures

1. Each Party shall provide adequate legal protection against the circumvention of any effective technological measures, which the person concerned carries out in the knowledge, or with reasonable grounds to know, that such person is pursuing that objective.

2. Each Party shall provide adequate legal protection against the manufacture, import, distribution, sale, rental, advertisement for sale or rental, or possession for commercial purposes, of devices, products or components, or the provision of services which:

(a)	are promoted, advertised or marketed for the purpose of circumvention of;

(b)	have only a limited commercially significant purpose or use other than to circumvent; or

(c)	are primarily designed, produced, adapted or performed for the purpose of enabling or facilitating the circumvention of,

any effective technological measures.

3. For the purposes of this Agreement, technological measure means any technology, device or component that, in the normal course of its operation, is designed to prevent or restrict acts, in respect of works or other subject matter, which are not authorised by the right holder of any copyright or any right related to copyright as provided for by each Party’s legislation. Technological measures shall be deemed effective where the use of a protected work or other subject matter is controlled by the right holders through the application of an access control or protection process, such as encryption, scrambling or other transformation of the work or other subject matter, or a copy control mechanism, which achieves the objective of protection.

4. Each Party may provide for exceptions and limitations to measures implementing paragraphs 1 and 2 in accordance with its legislation and the relevant international agreements referred to in Article 10.5.

Article 10.13

Protection of rights management information

1. Each Party shall provide adequate legal protection against any person knowingly performing without authority any of the following acts:

(a)	the removal or alteration of any electronic rights management information; or

(b)	the distribution, importation for distribution, broadcasting, communication or making available to the public of works or other subject matter protected under this Agreement from which electronic rights management information has been removed or altered without authority,

if such person knows, or has reasonable grounds to know, that by doing so it is inducing, enabling, facilitating or concealing an infringement of any copyright or any rights related to copyright as provided by the law of the relevant Party.

2. For the purposes of this Agreement, rights management information means any information provided by right holders which identifies the work or other subject matter referred to in this Agreement, the author or any other right holder, or information about the terms and conditions of use of the work or other subject matter, and any numbers or codes that represent such information.

3. Paragraph 2 shall apply when any of these items of information is associated with a copy of, or appears in connection with the communication to the public of, a work or other subject matter referred to in this Agreement.

Article 10.14

Transitional provision

Korea shall fully implement the obligations of Articles 10.6 and 10.7 within two years of the entry into force of this Agreement.

Sub-section B

Trademarks

Article 10.15

Registration procedure

The European Union and Korea shall provide for a system for the registration of trademarks in which the reasons for a refusal to register a trademark shall be communicated in writing and may be provided electronically to the applicant who will have the opportunity to contest such refusal and to appeal a final refusal judicially. The European Union and Korea shall also introduce the possibility for interested parties to oppose trademark applications. The European Union and Korea shall provide a publicly available electronic database of trademark applications and trademark registrations.

Article 10.16

International agreements

The European Union and Korea shall comply with the Trademark Law Treaty (1994) and make all reasonable efforts to comply with the Singapore Treaty on the Law of Trademarks (2006).

Article 10.17

Exceptions to the rights conferred by a trademark

Each Party shall provide for the fair use of descriptive terms as a limited exception to the rights conferred by a trademark and may provide for other limited exceptions, provided that limited exceptions take account of the legitimate interests of the owner of the trademark and of third parties.

Sub-section C

Geographical indications (51), (52)

Article 10.18

Recognition of geographical indications for agricultural products and foodstuffs and wines

1. Having examined the Agricultural Products Quality Control Act, with its implementing rules, in so far as it relates to the registration, control and protection of geographical indications for agricultural products and foodstuffs in Korea, the European Union concludes that this legislation meets the elements laid down in paragraph 6.

2. Having examined Council Regulation (EC) No 510/2006, with its implementing rules, for the registration, control and protection of geographical indications of agricultural products and foodstuffs in the European Union, and Council Regulation (EC) No 1234/2007 on the common organisation of the market in wine, Korea concludes that this legislation meets the elements laid down in paragraph 6.

3. Having examined a summary of the specifications of the agricultural products and foodstuffs corresponding to the geographical indications of Korea listed in Annex 10-A, which have been registered by Korea under the legislation referred to in paragraph 1, the European Union undertakes to protect the geographical indications of Korea listed in Annex 10-A according to the level of protection laid down in this Chapter.

4. Having examined a summary of the specifications of the agricultural products and foodstuffs corresponding to the geographical indications of the European Union listed in Annex 10-A, which have been registered by the European Union under the legislation referred to in paragraph 2, Korea undertakes to protect the geographical indications of the European Union listed in Annex 10-A according to the level of protection laid down in this Chapter.

5. Paragraph 3 shall apply to geographical indications for wines with respect to geographical indications added pursuant to Article 10.24.

6. The European Union and Korea agree that the elements for the registration and control of geographical indications referred to in paragraphs 1 and 2 are the following:

(a)	a register listing geographical indications protected in their respective territories;

(b)	an administrative process verifying that geographical indications identify a good as originating in a territory, region or locality of either Party, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin;

(c)	a requirement that a registered name shall correspond to a specific product or products for which a product specification is laid down which may only be amended by due administrative process;

(d)	control provisions applying to production;

(e)	legal provisions laying down that a registered name may be used by any operator marketing the agricultural product or foodstuff conforming to the corresponding specification; and

(f)	an objection procedure that allows the legitimate interests of prior users of names, whether those names are protected as a form of intellectual property or not, to be taken into account.

Article 10.19

Recognition of specific geographical indications for wines (53), aromatised wines (54) and spirits (55)

1. In Korea, the geographical indications of the European Union listed in Annex 10-B shall be protected for those products which use these geographical indications in accordance with the relevant laws of the European Union on geographical indications.

2. In the European Union, the geographical indications of Korea listed in Annex 10-B shall be protected for those products which use these geographical indications in accordance with the relevant laws of Korea on geographical indications.

Article 10.20

Right of use

A name protected under this Sub-section may be used by any operator marketing agricultural products, foodstuffs, wines, aromatised wines or spirits conforming to the corresponding specification.

Article 10.21

Scope of protection

1. Geographical indications referred to in Articles 10.18 and 10.19 shall be protected against:

(a)	the use of any means in the designation or presentation of a good that indicates or suggests that the good in question originates in a geographical area other than the true place of origin in a manner which misleads the public as to the geographical origin of the good;

(b)

the use of a geographical indication identifying a good for a like good (56) not originating in the place indicated by the geographical indication in question, even where the true origin of the good is indicated or the geographical indication is used in translation or transcription or accompanied by expressions such as ‘kind’, ‘type’, ‘style’, ‘imitation’ or the like; and

(c)	any other use which constitutes an act of unfair competition within the meaning of Article 10 bis of the Paris Convention.

2. This Agreement shall in no way prejudice the right of any person to use, in the course of trade, that person’s name or the name of that person’s predecessor in business, except where such name is used in such a manner as to mislead consumers.

3. If geographical indications of the Parties are homonymous, protection shall be granted to each indication provided that it has been used in good faith. The Working Group on Geographical Indications shall decide the practical conditions of use under which the homonymous geographical indications will be differentiated from each other, taking into account the need to ensure equitable treatment of the producers concerned and that consumers are not misled. If a geographical indication protected through this Agreement is homonymous with a geographical indication of a third country, each Party shall decide the practical conditions of use under which the homonymous geographical indications will be differentiated from each other, taking into account the need to ensure equitable treatment of the producers concerned and that consumers are not misled.

4. Nothing in this Agreement shall oblige the European Union or Korea to protect a geographical indication which is not or ceases to be protected in its country of origin or which has fallen into disuse in that country.

5. The protection of a geographical indication under this Article is without prejudice to the continued use of a trademark which has been applied for, registered or established by use, if that possibility is provided for by the legislation concerned, in the territory of a Party before the date of the application for protection or recognition of the geographical indication, provided that no grounds for the trademark’s invalidity or revocation exist in the legislation of the Party concerned. The date of application for protection or recognition of the geographical indication is determined in accordance with Article 10.23.2.

Article 10.22

Enforcement of protection

The Parties shall enforce the protection provided for in Articles 10.18 through 10.23 on their own initiative by appropriate intervention of their authorities. They shall also enforce such protection at the request of an interested party.

Article 10.23

Relationship with trademarks

1. The registration of a trademark that corresponds to any of the situations referred to in Article 10.21.1 in relation to a protected geographical indication for like goods, shall be refused or invalidated by the Parties, provided an application for registration of the trademark is submitted after the date of application for protection or recognition of the geographical indication in the territory concerned.

2. For the purposes of paragraph 1:

(a)	for geographical indications referred to in Articles 10.18 and 10.19, the date of application for protection or recognition shall be the date when this Agreement enters into force; and

(b)	for geographical indications referred to in Article 10.24, the date of application for protection or recognition shall be the date of a Party’s receipt of a request by the other Party to protect or recognise a geographical indication.

Article 10.24

Addition of geographical indications for protection (57)

1. The European Union and Korea agree to add geographical indications to be protected to the Annexes 10-A and 10-B in accordance with the procedure set out in Article 10.25.

2. The European Union and Korea agree to process, without undue delay, the other’s requests for adding geographical indications to be protected to the Annexes.

3. A name may not be registered as a geographical indication where it conflicts with the name of a plant variety, including a grape variety, or an animal breed and as a result is likely to mislead the consumer as to the true origin of the product.

Article 10.25

Working Group on Geographical Indications

1. The Working Group on Geographical Indications established pursuant to Article 15.3.1 (Working Groups) shall meet, as mutually agreed or upon request of a Party, for the purpose of intensifying cooperation between the Parties and dialogue on geographical indications. The Working Group may make recommendations and adopt decisions by consensus.

2. The location of the meeting shall alternate between the Parties. The Working Group shall meet at a time and a place and in a manner which may include by videoconference, mutually determined by the Parties, but no later than 90 days after the request.

3. The Working Group may decide:

(a)

to modify Annexes 10-A and 10-B to add individual geographical indications of the European Union or Korea that, after having completed the relevant procedure referred to in Articles 10.18.3 and 10.18.4, where applicable, are also determined by the other Party to constitute geographical indications and will be protected in the territory of that other Party;

(b)

to modify (58) the Annexes referred to in subparagraph (a) to remove individual geographical indications that cease to be protected in the Party of origin (59) or that, in accordance with the applicable legislation, no longer meet the conditions to be considered a geographical indication in the other Party; and

(c)	that a reference to legislation in this Agreement should be taken to be a reference to that legislation as amended and replaced and in force at a particular date after the entry into force of this Agreement.

4. The Working Group shall also ensure the proper functioning of this Sub-section and may consider any matter related to its implementation and operation. In particular, it shall be responsible for:

(a)	exchanging information on legislative and policy developments on geographical indications;

(b)	exchanging information on individual geographical indications for the purpose of considering their protection in accordance with this Agreement; and

(c)	exchanging information to optimise the operation of this Agreement.

5. The Working Group may discuss any matter of mutual interest in the area of geographical indications.

Article 10.26

Individual applications for protection of geographical indications

The provisions of this Sub-section are without prejudice to the right to seek recognition and protection of a geographical indication under the relevant legislation of the European Union or Korea.

Sub-section D

Designs

Article 10.27

Protection of registered designs

1. The European Union and Korea shall provide for the protection of independently created designs that are new and that are original or have individual character (60).

2. This protection shall be provided by registration, and shall confer exclusive rights upon their holders in accordance with this Sub-section.

Article 10.28

Rights conferred by registration

The owner of a protected design shall have the right to prevent third parties not having the owner’s consent, at least from making, offering for sale, selling, importing, exporting or using articles bearing or embodying the protected design when such acts are undertaken for commercial purposes, unduly prejudice the normal exploitation of the design, or are not compatible with fair trade practice.

Article 10.29

Protection conferred to unregistered appearance

The European Union and Korea shall provide the legal means to prevent the use of the unregistered appearance of a product, only if the contested use results from copying the unregistered appearance of such product (61). Such use shall at least cover presenting (62), importing or exporting goods.

Article 10.30

Term of protection

1. The duration of protection available in the Parties following registration shall amount to at least 15 years.

2. The duration of protection available in the European Union and Korea for unregistered appearance shall amount to at least three years.

Article 10.31

Exceptions

1. The European Union and Korea may provide limited exceptions to the protection of designs, provided that such exceptions do not unreasonably conflict with the normal exploitation of protected designs and do not unreasonably prejudice the legitimate interests of the owner of the protected design, taking account of the legitimate interests of third parties.

2. Design protection shall not extend to designs dictated essentially by technical or functional considerations.

3. A design right shall not subsist in a design which is contrary to public policy or to accepted principles of morality.

Article 10.32

Relationship with copyright

A design protected by a design right registered in the European Union or in Korea in accordance with this Sub-section shall also be eligible for protection under the law of copyright applicable in the territory of the Parties as from the date on which the design was created or fixed in any form (63).

Sub-section E

Patents

Article 10.33

International agreement

The Parties shall make all reasonable efforts to comply with articles 1 through 16 of the Patent Law Treaty (2000).

Article 10.34

Patents and public health

1. The Parties recognise the importance of the Declaration on the TRIPS Agreement and Public Health, adopted on 14 November 2001 (hereinafter referred to as the ‘Doha Declaration’) by the Ministerial Conference of the WTO. In interpreting and implementing the rights and obligations under this Sub-section, the Parties are entitled to rely upon the Doha Declaration.

2. Each Party shall contribute to the implementation of and shall respect the Decision of the WTO General Council of 30 August 2003 on paragraph 6 of the Doha Declaration, as well as the Protocol amending the TRIPS Agreement, done at Geneva on 6 December 2005.

Article 10.35

Extension of the duration of the rights conferred by patent protection

1. The Parties recognise that pharmaceutical products (64) and plant protection products (65) protected by a patent in their respective territories are subject to an administrative authorisation or registration procedure before being put on their markets.

2. The Parties shall provide, at the request of the patent owner, for the extension of the duration of the rights conferred by the patent protection to compensate the patent owner for the reduction in the effective patent life as a result of the first authorisation to place the product on their respective markets. The extension of the duration of the rights conferred by the patent protection may not exceed five years (66).

Article 10.36

Protection of data submitted to obtain a marketing authorisation for pharmaceutical (67) products

1. The Parties shall guarantee the confidentiality, non-disclosure of and non-reliance on data submitted for the purpose of obtaining an authorisation to put a pharmaceutical product on the market.

2. For that purpose, the Parties shall ensure in their respective legislation that data, as referred to in Article 39 of the TRIPS Agreement, concerning safety and efficacy, submitted for the first time by an applicant to obtain a marketing authorisation for a new pharmaceutical product in the territory of the respective Parties, is not used for granting another marketing authorisation for a pharmaceutical product, unless proof of the explicit consent of the marketing authorisation holder to use these data is provided.

3. The period of data protection should be at least five years starting from the date of the first marketing authorisation obtained in the territory of the respective Parties.

Article 10.37

Protection of data submitted to obtain a marketing authorisation for plant protection products

1. The Parties shall determine safety and efficacy requirements before authorising the placing on their respective markets of plant protection products.

2. The Parties shall ensure that tests, study reports or information submitted for the first time by an applicant to obtain a marketing authorisation for a plant protection product are not used by third parties or relevant authorities for the benefit of any other person aiming at achieving a marketing authorisation for a plant protection product, unless proof of the explicit consent of the first applicant to use these data is provided. This protection will be hereinafter referred to as data protection.

3. The period of data protection should be at least 10 years starting from the date of the first marketing authorisation in the respective Parties.

Article 10.38

Implementation

The Parties shall take the necessary measures to ensure full effectiveness of the protection foreseen in this Sub-section and actively cooperate and engage in a constructive dialogue in that regard.

Sub-section F

Other provisions

Article 10.39

Plant varieties

Each Party shall provide for the protection of plant varieties and comply with the International Convention for the Protection of New Varieties of Plants (1991).

Article 10.40

Genetic resources, traditional knowledge and folklore

1. Subject to their legislation, the Parties shall respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity and promote their wider application with the involvement and approval of the holders of such knowledge, innovations and practices and encourage the equitable sharing of the benefits arising from the utilisation of such knowledge, innovations and practices.

2. The Parties agree to regularly exchange views and information on relevant multilateral discussions:

(a)	in WIPO, on the issues dealt with in the framework of the Intergovernmental Committee on Genetic Resources, Traditional Knowledge and Folklore;

(b)	in the WTO, on the issues related to the relationship between the TRIPS Agreement and the Convention on Biological Diversity (hereinafter referred to as the ‘CBD’), and the protection of traditional knowledge and folklore; and

(c)	in the CBD, on the issues related to an international regime on access to genetic resources and benefit sharing.

3. Following the conclusion of the relevant multilateral discussions referred to in paragraph 2, the Parties agree, at the request of either Party, to review this Article in the Trade Committee in the light of the results and conclusion of such multilateral discussions. The Trade Committee may adopt any decision necessary to give effect to the results of the review.

SECTION C

Enforcement of intellectual property rights

Article 10.41

General obligations

1. The Parties reaffirm their commitments under the TRIPS Agreement, and in particular Part III thereof and shall ensure that the following complementary measures, procedures and remedies are available under their legislation so as to permit effective action against any act of infringement of intellectual property rights (68) covered by this Agreement.

2. Those measures, procedures and remedies shall:

(a)	include expeditious remedies to prevent infringements and remedies which constitute a deterrent to further infringements;

(b)	be fair and equitable;

(c)	not be unnecessarily complicated or costly, or entail unreasonable time limits or unwarranted delays; and

(d)	be effective, proportionate and dissuasive, and be applied in such a manner as to avoid the creation of barriers to legitimate trade and to provide for safeguards against their abuse.

Article 10.42

Entitled applicants

Each Party shall recognise as persons entitled to seek application of the measures, procedures and remedies referred to in this Section and in Part III of the TRIPS Agreement:

(a)	the holders of intellectual property rights in accordance with the provisions of the applicable law;

(b)	all other persons authorised to use those rights, in particular licensees, in so far as permitted by, and in accordance with, the provisions of the applicable law;

(c)	intellectual property collective rights management bodies which are regularly recognised as having a right to represent holders of intellectual property rights, in so far as permitted by, and in accordance with, the provisions of the applicable law; and

(d)	a federation or an association having the legal standing and authority to assert those rights, in so far as permitted by, and in accordance with, the provisions of the applicable law.

Sub-section A

Civil measures, procedures and remedies

Article 10.43

Evidence

Each Party shall take such measures as necessary, in the case of an infringement of an intellectual property right committed on a commercial scale, to enable the competent judicial authorities to order, where appropriate and following a party’s application, the submission of banking, financial or commercial documents under the control of the opposing party, subject to the protection of confidential information.

Article 10.44

Provisional measures for preserving evidence

1. Each Party shall ensure that, even before the commencement of proceedings on the merits of the case, the competent judicial authorities may, on application by a party who has presented reasonably available evidence to support its claims that its intellectual property right has been infringed or is about to be infringed, order prompt and effective provisional measures to preserve relevant evidence in respect of the alleged infringement, subject to the protection of confidential information.

2. Each Party may provide that such measures include the detailed description, with or without the taking of samples, or the physical seizure of the infringing goods, and in appropriate cases, the materials and implements used in the production or distribution of these goods and the documents relating thereto. Those measures shall be taken, if necessary without the other party being heard, in particular where any delay is likely to cause irreparable harm to the right holder or where there is a demonstrable risk of evidence being destroyed.

Article 10.45

Right of information

1. Each Party shall ensure that, during civil proceedings concerning an infringement of an intellectual property right and in response to a justified and proportionate request of the claimant, the competent judicial authorities may order the infringer and/or any other person which is party to a litigation or a witness therein to provide information on the origin and distribution networks of the goods or services which infringe an intellectual property right.

(a)

‘Any other person’ in this paragraph means a person who:

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

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

(iii)

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

(iv)	was indicated by the person referred to in this subparagraph as being involved in the production, manufacture or distribution of the goods or the provision of the services.

(b)

Information shall, as appropriate, comprise:

(i)	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; or

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

2. This Article shall apply without prejudice to other statutory provisions which:

(a)	grant the right holder rights to receive fuller information;

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

(c)	govern responsibility for misuse of the right of information;

(d)	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

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

Article 10.46

Provisional and precautionary measures

1. Each Party shall ensure that the judicial authorities may, at the request of the applicant, issue an interlocutory injunction intended to prevent any imminent infringement of an intellectual property right, to forbid, on a provisional basis and subject, where appropriate, to a recurring penalty payment where provided for by its legislation, the continuation of the alleged infringements of that right, or to make such continuation subject to the lodging of guarantees intended to ensure the compensation of the right holder. An interlocutory injunction may also be issued against an intermediary (69) whose services are being used by a third party to infringe copyright, related rights, trademarks or geographical indications.

2. An interlocutory injunction may also be issued to order the seizure of the goods suspected of infringing an intellectual property right so as to prevent their entry into or movement within the channels of commerce.

3. In the case of an infringement committed on a commercial scale, each Party shall ensure that, if the applicant demonstrates circumstances likely to endanger the recovery of damages, the judicial authorities may order the precautionary seizure of the movable and immovable property of the alleged infringer, including the blocking of bank accounts and other assets.

Article 10.47

Corrective measures

1. Each Party shall ensure that the competent judicial authorities may order, at the request of the applicant and without prejudice to any damages to the right holder by reason of the infringement, and without compensation of any sort, destruction of goods that they have found to be infringing an intellectual property right or any other measures to definitively remove those goods from the channels of commerce. If appropriate, the competent judicial authorities may also order destruction of materials and implements principally used in the creation or manufacture of those goods.

2. The judicial authorities shall order that those measures be carried out at the expense of the infringer, unless particular reasons are invoked for not doing so.

3. In considering a request for corrective measures, the need for proportionality between the seriousness of the infringement and the remedies ordered as well as the interests of third parties shall be taken into account.

Article 10.48

Injunctions

1. Each Party shall ensure that, where a judicial decision is taken finding an infringement of an intellectual property right, the judicial authorities may issue against the infringer an injunction aimed at prohibiting the continuation of the infringement.

2. Where provided for by law, non-compliance with an injunction shall, where appropriate, be subject to a recurring penalty payment, with a view to ensuring compliance. Each Party shall also ensure that right holders are in a position to apply for an injunction against intermediaries (70) whose services are being used by a third party to infringe copyright, related rights, trademarks or geographical indications.

Article 10.49

Alternative measures

Each Party may provide that, in appropriate cases and at the request of the person liable to be subject to the measures provided for in Article 10.47 or 10.48, the competent judicial authorities may order pecuniary compensation to be paid to the injured party instead of applying the measures provided for in Article 10.47 or 10.48 if that person acted unintentionally and without negligence, if execution of the measures in question would cause him or her disproportionate harm and if pecuniary compensation to the injured party appears reasonably satisfactory.

Article 10.50

Damages

1. Each Party shall ensure that when the judicial authorities set damages:

(a)

they shall 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

(b)	as an alternative to subparagraph (a), they 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.

2. Where the infringer did not knowingly, or with reasonable grounds to know, engage in infringing activity, the Parties may provide that the judicial authorities may order the recovery of profits or the payment of damages which may be pre-established.

3. In civil judicial proceedings, each Party, at least with respect to works, phonograms, and performances protected by copyright or related rights, and in cases of trademark counterfeiting, may establish or maintain pre-established damages, which shall be available on the election of the right holder.

Article 10.51

Legal costs

Each Party shall ensure that reasonable and proportionate legal costs and other expenses incurred by the successful party shall as a general rule be borne by the unsuccessful party, unless equity does not allow as such.

Article 10.52

Publication of judicial decisions

In cases of infringement of an intellectual property right, each Party shall ensure that the judicial authorities may order, where appropriate, at the request of the applicant and at the expense of the infringer, appropriate measures for the dissemination of the information concerning the decision, including displaying the decision and publishing it in full or in part. Each Party may provide for other additional publicity measures which are appropriate to the particular circumstances, including prominent advertising.

Article 10.53

Presumption of authorship or ownership

In civil proceedings involving copyright or related rights, each Party shall provide for a presumption that, in the absence of proof to the contrary, the person or entity whose name is indicated as the author or related right holder of the work or subject matter in the usual manner is the designated right holder in such work or subject matter.

Sub-section B

Criminal enforcement

Article 10.54

Scope of criminal enforcement

Each Party shall provide for criminal procedures and penalties to be applied at least in cases of wilful trademark counterfeiting and copyright and related rights (71) piracy on a commercial scale.

Article 10.55

Geographical indications and designs counterfeiting

Subject to its national or constitutional law and regulations, each Party shall consider adopting measures to establish the criminal liability for counterfeiting geographical indications and designs.

Article 10.56

Liability of legal persons

1. Each Party shall adopt such measures as may be necessary, consistent with its legal principles, to establish the liability of legal persons for the offences referred to in Article 10.54.

2. Such liability shall be without prejudice to the criminal liability of the natural persons who have committed the criminal offences.

Article 10.57

Aiding and abetting

The provisions of this Sub-section shall apply to aiding and abetting of the offences referred to in Article 10.54.

Article 10.58

Seizure

In case of an offence referred to in Article 10.54, each Party shall provide that its competent authorities shall have the authority to order the seizure of suspected counterfeit trademark goods or pirated copyright goods, any related materials and implements predominantly used in the commission of the alleged offence, documentary evidence relevant to the alleged offence and any assets derived from, or obtained directly or indirectly through, the infringing activity.

Article 10.59

Penalties

For the offences referred to in Article 10.54, each Party shall provide for penalties that include sentences of imprisonment and/or monetary fines that are effective, proportionate and dissuasive.

Article 10.60

Confiscation

1. For the offences referred to in Article 10.54, each Party shall provide that its competent authorities shall have the authority to order confiscation and/or destruction of all counterfeit trademark goods or pirated copyright goods, materials and implements predominantly used in the creation of counterfeit trademark goods or pirated copyright goods and the assets derived from, or obtained directly or indirectly through, the infringing activity.

2. Each Party shall ensure that the counterfeit trademark goods and pirated copyright goods that have been confiscated under this Article shall, if not destroyed, be disposed of outside the channels of commerce, under the condition that the goods are not dangerous for the health and security of persons.

3. Each Party shall further ensure that confiscation and destruction under this Article shall occur without compensation of any kind of the defendant.

4. Each Party may provide that its judicial authorities have the authority to order the confiscation of assets the value of which corresponds to that of such assets derived from, or obtained directly or indirectly through, the infringing activity.

Article 10.61

Rights of third parties

Each Party shall ensure that the rights of third parties shall be duly protected and guaranteed.

Sub-section C

Liability of online service providers

Article 10.62

Liability of online service providers (72)

The Parties recognise that the services of intermediaries may be used by third parties for infringing activities. To ensure the free movement of information services and at the same time enforce intellectual property rights in the digital environment, each Party shall provide for the measures set out in Articles 10.63 through 10.66 for intermediary service providers where they are in no way involved with the information transmitted.

Article 10.63

Liability of online service providers: ‘mere conduit’

1. Where an information society service is provided that consists of the transmission in a communication network of information provided by a recipient of the service, or the provision of access to a communication network, the Parties shall ensure that the service provider is not liable for the information transmitted, on condition that the provider:

(a)	does not initiate the transmission;

(b)	does not select the receiver of the transmission; and

(c)	does not select or modify the information contained in the transmission.

2. The acts of transmission and of provision of access referred to in paragraph 1 include the automatic, intermediate and transient storage of the information transmitted in so far as such storage takes place for the sole purpose of carrying out the transmission in the communication network, and provided that the information is not stored for any period longer than is reasonably necessary for the transmission.

Article 10.64

Liability of online service providers: ‘caching’

1. Where an information society service is provided that consists of the transmission in a communication network of information provided by a recipient of the service, the Parties shall ensure that the service provider is not liable for the automatic, intermediate 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, on condition that the provider:

(a)	does not modify the information;

(b)	complies with conditions on access to the information;

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

(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 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 judicial or an administrative authority has ordered such removal or disablement.

2. This Article shall not affect the possibility, in accordance with the Parties’ legal systems, of a judicial or administrative authority requiring the service provider to terminate or prevent an infringement.

Article 10.65

Liability of online service providers: ‘hosting’

1. Where an information society service is provided that consists of the storage of information provided by a recipient of the service, the Parties shall ensure that the service provider is not liable for the information stored at the request of a recipient of the service, on condition that the provider:

(a)	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

(b)	upon obtaining such knowledge or awareness acts expeditiously to remove or to disable access to the information.

2. Paragraph 1 shall not apply when the recipient of the service is acting under the authority or the control of the provider.

3. This Article shall not affect the possibility, in accordance with the Parties’ legal systems, of a judicial or administrative authority requiring the service provider to terminate or prevent an infringement, nor does it affect the possibility of the Parties establishing procedures governing the removal or disabling of access to information.

Article 10.66

No general obligation to monitor

1. The Parties shall not impose a general obligation on providers, when providing the services covered by Articles 10.63 through 10.65, to monitor the information which they transmit or store, nor a general obligation to actively seek facts or circumstances indicating illegal activity.

2. The Parties may establish obligations for information society service providers to promptly inform the competent authorities of alleged illegal activities undertaken or information provided by recipients of their service, or to communicate to the competent authorities, at their request, information enabling the identification of recipients of their service with whom they have storage agreements.

Sub-section D

Other provisions

Article 10.67

Border measures

1. Each Party shall, unless otherwise provided for in this Section, adopt procedures (73) to enable a right holder, who has valid grounds for suspecting that the importation, exportation, re-exportation, customs transit, transhipment, placement under a free zone (74), placement under a suspensive procedure (75) or a bonded warehouse of goods infringing an intellectual property right (76) may take place, to lodge an application in writing with competent authorities, administrative or judicial, for the suspension by the customs authorities of the release into free circulation or the detention of such goods.

2. The Parties shall provide that when the customs authorities, in the course of their actions and before an application has been lodged by a right holder or granted, have sufficient grounds for suspecting that goods infringe an intellectual property right, they may suspend the release of the goods or detain them in order to enable the right holder to submit an application for action in accordance with the paragraph 1.

3. Any rights or obligations established in the implementation of Section 4 of Part III of the TRIPS Agreement concerning the importer shall also be applicable to the exporter or if necessary to the holder (77) of the goods.

4. Korea shall fully implement the obligation under paragraphs 1 and 2 with respect to subparagraph (c)(i) and (c)(iii) of footnote 27 within two years of the entry into force of this Agreement.

Article 10.68

Codes of conduct

The Parties shall encourage:

(a)

the development by trade or professional associations or organisations of codes of conduct aimed at contributing towards the enforcement of intellectual property rights, particularly by recommending the use on optical discs of a code enabling the identification of the origin of their manufacture; and

(b)	the submission to the competent authorities of the Parties of draft codes of conduct and of any evaluations of the application of these codes of conduct.

Article 10.69

Cooperation

1. The Parties agree to cooperate with a view to supporting implementation of the commitments and obligations undertaken under this Chapter. Areas of cooperation include, but are not limited to, the following activities:

(a)	exchange of information on the legal framework concerning intellectual property rights and relevant rules of protection and enforcement; exchange of experiences on legislative progress;

(b)	exchange of experiences on enforcement of intellectual property rights;

(c)	exchange of experiences on enforcement at central and sub-central level by customs, police, administrative and judiciary bodies; coordination to prevent exports of counterfeit goods, including with other countries;

(d)	capacity-building; and

(e)	promotion and dissemination of information on intellectual property rights in, inter alia, business circles and civil society; promotion of public awareness of consumers and right holders.

2. Without prejudice and as a complement to paragraph 1, the European Union and Korea agree to establish and maintain an effective dialogue on intellectual property issues (IP Dialogue) to address topics relevant to the protection and enforcement of intellectual property rights covered by this Chapter, and any other relevant issue.

CHAPTER ELEVEN

COMPETITION

SECTION A

Competition

Article 11.1

Principles

1. The Parties recognise the importance of free and undistorted competition in their trade relations. The Parties undertake to apply their respective competition laws so as to prevent the benefits of the trade liberalisation process in goods, services and establishment from being removed or eliminated by anti-competitive business conduct or anti-competitive transactions.

2. The Parties shall maintain in their respective territories comprehensive competition laws which effectively address restrictive agreements, concerted practices (78) and abuse of dominance by one or more enterprises, and which provide effective control of concentrations between enterprises.

3. The Parties agree that the following activities restricting competition are incompatible with the proper functioning of this Agreement, in so far as they may affect trade between them:

(a)	agreements between enterprises, decisions by associations of enterprises and concerted practices, which have as their object or effect the prevention, restriction or distortion of competition in the territory of either Party as a whole or in a substantial part thereof;

(b)	any abuse by one or more enterprises of a dominant position in the territory of either Party as a whole or in a substantial part thereof; or

(c)	concentrations between enterprises, which significantly impede effective competition, in particular as a result of the creation or strengthening of a dominant position in the territory of either Party as a whole or in a substantial part thereof.

Article 11.2

Definitions

For the purposes of this Section, competition laws means:

(a)	for the European Union, Articles 101, 102 and 106 of the Treaty on the Functioning of the European Union, Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings, and their implementing regulations and amendments;

(b)	for Korea, the Monopoly Regulation and Fair Trade Act and its implementing regulations and amendments; and

(c)	any changes that instruments set out in this Article may undergo after the entry into force of this Agreement.

Article 11.3

Implementation

1. The Parties shall maintain an authority or authorities responsible for, and appropriately equipped for, the implementation of the competition laws set out in Article 11.2.

2. The Parties recognise the importance of applying their respective competition laws in a transparent, timely and non-discriminatory manner, respecting the principles of procedural fairness and rights of defence of the parties concerned.

3. Upon request of a Party, the other Party shall make available to the requesting Party public information concerning its competition law enforcement activities and legislation related to the obligations covered by this Section.

Article 11.4

Public enterprises and enterprises entrusted with special rights (79) or exclusive rights

1. With respect to public enterprises and enterprises entrusted with special rights or exclusive rights:

(a)	neither Party shall adopt or maintain any measure contrary to the principles contained in Article 11.1; and

(b)	the Parties shall ensure that such enterprises are subject to the competition laws set out in Article 11.2,

in so far as the application of these principles and competition laws does not obstruct the performance, in law or in fact, of the particular tasks assigned to them.

2. Nothing in paragraph 1 shall be construed to prevent a Party from establishing or maintaining a public enterprise, entrusting enterprises with special or exclusive rights or maintaining such rights.

Article 11.5

State monopolies

1. Each Party shall adjust state monopolies of a commercial character so as to ensure that no discriminatory measure (80) regarding the conditions under which goods are procured and marketed exists between natural or legal persons of the Parties.

2. Nothing in paragraph 1 shall be construed to prevent a Party from establishing or maintaining a state monopoly.

3. This Article is without prejudice to the rights and obligations set out under Chapter Nine (Government Procurement).

Article 11.6

Cooperation

1. The Parties recognise the importance of cooperation and coordination between their respective competition authorities to further enhance effective competition law enforcement and to fulfil the objectives of this Agreement through the promotion of competition and the curtailment of anti-competitive business conduct or anti-competitive transactions.

2. The Parties shall cooperate in relation to their respective enforcement policies and in the enforcement of their respective competition laws, including through enforcement cooperation, notification, consultation and exchange of non-confidential information based on the Agreement between the European Community and the Government of the Republic of Korea concerning cooperation on anti-competitive activities signed on 23 May 2009.

Article 11.7

Consultation

1. In the absence of more specific rules in the agreement referred to in Article 11.6.2, a Party shall, on request of the other Party, enter into consultations regarding representations made by the other Party, to foster mutual understanding or to address specific matters that arise under this Section. In its request, the other Party shall indicate, if relevant, how the matter affects trade between the Parties.

2. The Parties shall promptly discuss, at the request of a Party, any questions arising from the interpretation or application of this Section.

3. To facilitate discussion of the matter that is the subject of the consultations, each Party shall endeavour to provide relevant non-confidential information to the other Party.

Article 11.8

Dispute settlement

Neither Party may have recourse to Chapter Fourteen (Dispute Settlement) for any matter arising under this Section.

SECTION B

Subsidies

Article 11.9

Principles

The Parties agree to use their best endeavours to remedy or remove through the application of their competition laws or otherwise, distortions of competition caused by subsidies in so far as they affect international trade, and to prevent the occurrence of such situations.

Article 11.10

Definitions of a subsidy and specificity

1. A subsidy is a measure which fulfils the conditions set out in Article 1.1 of the SCM Agreement.

2. A subsidy is specific if it falls within the meaning of Article 2 of the SCM Agreement. A subsidy shall be subject to this Section only if it is specific within the meaning of Article 2 of the SCM Agreement.

Article 11.11

Prohibited subsidies (81), (82)

The following subsidies shall be deemed to be specific under the conditions of Article 2 of the SCM Agreement and shall be prohibited for the purposes of this Agreement in so far as they adversely affect international trade of the Parties (83):

(a)

subsidies granted under any legal arrangement whereby a government or any public body is responsible for covering debts or liabilities of certain enterprises within the meaning of Article 2.1 of the SCM Agreement without any limitation, in law or in fact, as to the amount of those debts and liabilities or the duration of such responsibility; and

(b)

subsidies (such as loans and guarantees, cash grants, capital injections, provision of assets below market prices or tax exemptions) to insolvent or ailing enterprises, without a credible restructuring plan based on realistic assumptions with a view to ensuring the return of the insolvent or ailing enterprise within a reasonable period of time to long-term viability and without the enterprise significantly contributing itself to the costs of restructuring. This does not prevent the Parties from providing subsidies by way of temporary liquidity support in the form of loan guarantees or loans limited to the amount needed to merely keep an ailing enterprise in business for the time necessary to work out a restructuring or liquidation plan.

This subparagraph does not apply to subsidies granted as compensation for carrying out public service obligations and to the coal industry.

Article 11.12

Transparency

1. Each Party shall ensure transparency in the area of subsidies. To this end, each Party shall report annually to the other Party on the total amount, types and the sectoral distribution of subsidies which are specific and may affect international trade. Reporting should contain information concerning the objective, form, the amount or budget and where possible the recipient of the subsidy granted by a government or any public body.

2. Such report is deemed to have been provided if it is sent to the other Party, or if the relevant information is made available on a publicly accessible Internet website, by 31 December of the subsequent calendar year.

3. Upon request by a Party, the other Party shall provide further information on any subsidy schemes and particular individual cases of subsidy which is specific. The Parties shall exchange this information, taking into account the limitations imposed by the requirements of professional and business secrecy.

Article 11.13

Relation with the WTO Agreement

The provisions in this Section are without prejudice to the rights of a Party in accordance with the relevant provisions of the WTO Agreement to apply trade remedies or to take dispute settlement or other appropriate action against a subsidy granted by the other Party.

Article 11.14

Monitoring and review

The Parties shall keep under constant review the matters to which reference is made in this Section. Each Party may refer such matters to the Trade Committee. The Parties agree to review progress in implementing this Section every two years after the entry into force of this Agreement, unless both Parties agree otherwise.

Article 11.15

Scope

1. The provisions of Articles 11.9 through 11.14 shall apply to subsidies for goods with the exception of fisheries subsidies, subsidies related to products covered by Annex 1 of the Agreement on Agriculture and other subsidies covered by the Agreement on Agriculture.

2. The Parties shall use their best endeavours to develop rules applicable to subsidies to services, taking into account developments at the multilateral level, and to exchange information upon the request of either Party. The Parties agree to hold the first exchange of views on subsidies to services within three years after the entry into force of this Agreement.

CHAPTER TWELVE

TRANSPARENCY

Article 12.1

Definitions

For the purposes of this Chapter:

measure of general application means any general or abstract act, procedure, interpretation or other requirement, including non-binding measures. It does not include a ruling that applies to a particular person; and

interested person means any natural or legal person that may be subject to any rights or obligations under measures of general application, within the meaning of Article 12.2.

Article 12.2

Objective and scope

Recognising the impact which their respective regulatory environment may have on trade between them, the Parties shall pursue an efficient and predictable regulatory environment for economic operators, especially small ones doing business in their territories. The Parties, reaffirming their respective commitments under the WTO Agreement, hereby lay down clarifications and improved arrangements for transparency, consultation and better administration of measures of general application, in so far as these may have an impact on any matter covered by this Agreement.

Article 12.3

Publication

1. Each Party shall ensure that measures of general application that may have an impact on any matter covered by this Agreement:

(a)	are readily available to interested persons, in a non-discriminatory manner, via an officially designated medium, and where feasible and possible, electronic means, in such a manner as to enable interested persons and the other Party to become acquainted with them;

(b)	provide an explanation of the objective of, and rationale for, such measures; and

(c)	allow for sufficient time between publication and entry into force of such measures, taking due account of the requirements of legal certainty, legitimate expectations and proportionality.

2. Each Party shall:

(a)	endeavour to publish in advance any measure of general application that it proposes to adopt or to amend, including an explanation of the objective of, and rationale for the proposal;

(b)	provide reasonable opportunities for interested persons to comment on such proposed measure, allowing, in particular, for sufficient time for such opportunities; and

(c)	endeavour to take into account the comments received from interested persons with respect to such proposed measure.

Article 12.4

Enquiries and contact points

1. Each Party shall establish or maintain appropriate mechanisms for responding to enquiries from any interested person regarding any measures of general application which may have an impact on matters covered by this Agreement which are proposed or in force, and how they would be applied. Enquiries may be addressed through enquiry or contact points established under this Agreement or any other mechanism as appropriate.

2. The Parties recognise that such response provided for in paragraph 1 may not be definitive or legally binding but for information purposes only, unless otherwise provided for in their laws and regulations.

3. Upon request of a Party, the other Party shall promptly provide information and respond to questions pertaining to any actual or proposed measure of general application that the requesting Party considers might affect the operation of this Agreement, regardless of whether the requesting Party has been previously notified of that measure.

4. Each Party shall endeavour to identify or create enquiry or contact points for interested persons of the other Party with the task of seeking to effectively resolve problems for them that may arise from the application of measures of general application. Such processes should be easily accessible, time-bound, result-oriented and transparent. They shall be without prejudice to any appeal or review procedures which the Parties establish or maintain. They shall also be without prejudice to the Parties’ rights and obligations under Chapter Fourteen (Dispute Settlement) and Annex 14-A (Mediation Mechanism for Non-Tariff Measures).

Article 12.5

Administrative proceedings

With a view to administering in a consistent, impartial and reasonable manner all measures of general application which may have an impact on matters covered by this Agreement, each Party in applying such measures to particular persons, goods or services of the other Party in specific cases, shall:

(a)

endeavour to provide interested persons of the other Party, who are directly affected by a proceeding, with reasonable notice, in accordance with its procedures, when a proceeding is initiated, including a description of the nature of the proceeding, a statement of the legal authority under which the proceeding is initiated and a general description of any issues in controversy;

(b)	afford such interested persons a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative action, in so far as time, the nature of the proceeding and the public interest permit; and

(c)	ensure that its procedures are based on, and in accordance with its law.

Article 12.6

Review and appeal

1. Each Party shall establish or maintain judicial, quasi-judicial or administrative tribunals or procedures for the purposes of the prompt review and, where warranted, correction of administrative action relating to matters covered by this Agreement. Such tribunals shall be impartial and independent of the office or authority entrusted with administrative enforcement and shall not have any substantial interest in the outcome of the matter.

2. Each Party shall ensure that, in any such tribunals or procedures, the parties to the proceeding are provided with the right to:

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

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

3. Each Party shall ensure, subject to appeal or further review as provided for in its law, that such decision shall be implemented by, and shall govern the practice of, the office or authority with respect to the administrative action at issue.

Article 12.7

Regulatory quality and performance and good administrative behaviour

1. The Parties agree to cooperate in promoting regulatory quality and performance, including through exchange of information and best practices on their respective regulatory reform processes and regulatory impact assessments.

2. The Parties subscribe to the principles of good administrative behaviour, and agree to cooperate in promoting it, including through exchange of information and best practices.

Article 12.8

Non-discrimination

Each Party shall apply to interested persons of the other Party transparency standards no less favourable than those accorded to its own interested persons, to the interested persons of any third country, or to any third country, whichever are the best.

CHAPTER THIRTEEN

TRADE AND SUSTAINABLE DEVELOPMENT

Article 13.1

Context and objectives

1. Recalling Agenda 21 on Environment and Development of 1992, the Johannesburg Plan of Implementation on Sustainable Development of 2002 and the 2006 Ministerial Declaration of the UN Economic and Social Council on Full Employment and Decent Work, the Parties reaffirm their commitments to promoting the development of international trade in such a way as to contribute to the objective of sustainable development and will strive to ensure that this objective is integrated and reflected at every level of their trade relationship.

2. The Parties recognise that economic development, social development and environmental protection are interdependent and mutually reinforcing components of sustainable development. They underline the benefit of cooperation on trade-related social and environmental issues as part of a global approach to trade and sustainable development.

3. The Parties recognise that it is not their intention in this Chapter to harmonise the labour or environment standards of the Parties, but to strengthen their trade relations and cooperation in ways that promote sustainable development in the context of paragraphs 1 and 2.

Article 13.2

Scope

1. Except as otherwise provided in this Chapter, this Chapter applies to measures adopted or maintained by the Parties affecting trade-related aspects of labour (84) and environmental issues in the context of Articles 13.1.1 and 13.1.2.

2. The Parties stress that environmental and labour standards should not be used for protectionist trade purposes. The Parties note that their comparative advantage should in no way be called into question.

Article 13.3

Right to regulate and levels of protection

Recognising the right of each Party to establish its own levels of environmental and labour protection, and to adopt or modify accordingly its relevant laws and policies, each Party shall seek to ensure that those laws and policies provide for and encourage high levels of environmental and labour protection, consistent with the internationally recognised standards or agreements referred to in Articles 13.4 and 13.5, and shall strive to continue to improve those laws and policies.

Article 13.4

Multilateral labour standards and agreements

1. The Parties recognise the value of international cooperation and agreements on employment and labour affairs as a response of the international community to economic, employment and social challenges and opportunities resulting from globalisation. They commit to consulting and cooperating as appropriate on trade-related labour and employment issues of mutual interest.

2. The Parties reaffirm the commitment, under the 2006 Ministerial Declaration of the UN Economic and Social Council on Full Employment and Decent Work, to recognising full and productive employment and decent work for all as a key element of sustainable development for all countries and as a priority objective of international cooperation and to promoting the development of international trade in a way that is conducive to full and productive employment and decent work for all, including men, women and young people.

3. The Parties, in accordance with the obligations deriving from membership of the ILO and the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up, adopted by the International Labour Conference at its 86th Session in 1998, commit to respecting, promoting and realising, in their laws and practices, the principles concerning the fundamental rights, namely:

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

(b)	the elimination of all forms of forced or compulsory labour;

(c)	the effective abolition of child labour; and

(d)	the elimination of discrimination in respect of employment and occupation.

The Parties reaffirm the commitment to effectively implementing the ILO Conventions that Korea and the Member States of the European Union have ratified respectively. The Parties will make continued and sustained efforts towards ratifying the fundamental ILO Conventions as well as the other Conventions that are classified as ‘up-to-date’ by the ILO.

Article 13.5

Multilateral environmental agreements

1. The Parties recognise the value of international environmental governance and agreements as a response of the international community to global or regional environmental problems and they commit to consulting and cooperating as appropriate with respect to negotiations on trade-related environmental issues of mutual interest.

2. The Parties reaffirm their commitments to the effective implementation in their laws and practices of the multilateral environmental agreements to which they are party.

3. The Parties reaffirm their commitment to reaching the ultimate objective of the United Nations Framework Convention on Climate Change and its Kyoto Protocol. They commit to cooperating on the development of the future international climate change framework in accordance with the Bali Action Plan (85).

Article 13.6

Trade favouring sustainable development

1. The Parties reconfirm that trade should promote sustainable development in all its dimensions. The Parties recognise the beneficial role that core labour standards and decent work can have on economic efficiency, innovation and productivity, and they highlight the value of greater policy coherence between trade policies, on the one hand, and employment and labour policies on the other.

2. The Parties shall strive to facilitate and promote trade and foreign direct investment in environmental goods and services, including environmental technologies, sustainable renewable energy, energy efficient products and services and eco-labelled goods, including through addressing related non-tariff barriers. The Parties shall strive to facilitate and promote trade in goods that contribute to sustainable development, including goods that are the subject of schemes such as fair and ethical trade and those involving corporate social responsibility and accountability.

Article 13.7

Upholding levels of protection in the application and enforcement of laws, regulations or standards

1. A Party shall not fail to effectively enforce its environmental and labour laws, through a sustained or recurring course of action or inaction, in a manner affecting trade or investment between the Parties.

2. A Party shall not weaken or reduce the environmental or labour protections afforded in its laws to encourage trade or investment, by waiving or otherwise derogating from, or offering to waive or otherwise derogate from, its laws, regulations or standards, in a manner affecting trade or investment between the Parties.

Article 13.8

Scientific information

The Parties recognise the importance, when preparing and implementing measures aimed at protecting the environment and social conditions that affect trade between the Parties, of taking account of scientific and technical information, and relevant international standards, guidelines or recommendations.

Article 13.9

Transparency

The Parties, in accordance with their respective domestic laws, agree to develop, introduce and implement any measures aimed at protecting the environment and labour conditions that affect trade between the Parties in a transparent manner, with due notice and public consultation, and with appropriate and timely communication to and consultation of non-state actors including the private sector.

Article 13.10

Review of sustainability impacts

The Parties commit to reviewing, monitoring and assessing the impact of the implementation of this Agreement on sustainable development, including the promotion of decent work, through their respective participative processes and institutions, as well as those set up under this Agreement, for instance through trade-related sustainability impact assessments.

Article 13.11

Cooperation

Recognising the importance of cooperating on trade-related aspects of social and environmental policies in order to achieve the objectives of this Agreement, the Parties commit to initiating cooperative activities as set out in Annex 13.

Article 13.12

Institutional mechanism

1. Each Party shall designate an office within its administration which shall serve as a contact point with the other Party for the purpose of implementing this Chapter.

2. The Committee on Trade and Sustainable Development established pursuant to Article 15.2.1 (Specialised Committees) shall comprise senior officials from within the administrations of the Parties.

3. The Committee shall meet within the first year of the entry into force of this Agreement, and thereafter as necessary, to oversee the implementation of this Chapter, including cooperative activities undertaken under Annex 13.

4. Each Party shall establish a Domestic Advisory Group(s) on sustainable development (environment and labour) with the task of advising on the implementation of this Chapter.

5. The Domestic Advisory Group(s) comprise(s) independent representative organisations of civil society in a balanced representation of environment, labour and business organisations as well as other relevant stakeholders.

Article 13.13

Civil society dialogue mechanism

1. Members of Domestic Advisory Group(s) of each Party will meet at a Civil Society Forum in order to conduct a dialogue encompassing sustainable development aspects of trade relations between the Parties. The Civil Society Forum will meet once a year unless otherwise agreed by the Parties. The Parties shall agree by decision of the Committee on Trade and Sustainable Development on the operation of the Civil Society Forum no later than one year after the entry into force of this Agreement.

2. The Domestic Advisory Group(s) will select the representatives from its members in a balanced representation of relevant stakeholders as set out in Article 13.12.5.

3. The Parties can present an update on the implementation of this Chapter to the Civil Society Forum. The views, opinions or findings of the Civil Society Forum can be submitted to the Parties directly or through the Domestic Advisory Group(s).

Article 13.14

Government consultations

1. A Party may request consultations with the other Party regarding any matter of mutual interest arising under this Chapter, including the communications of the Domestic Advisory Group(s) referred to in Article 13.12, by delivering a written request to the contact point of the other Party. Consultations shall commence promptly after a Party delivers a request for consultations.

2. The Parties shall make every attempt to arrive at a mutually satisfactory resolution of the matter. The Parties shall ensure that the resolution reflects the activities of the ILO or relevant multilateral environmental organisations or bodies so as to promote greater cooperation and coherence between the work of the Parties and these organisations. Where relevant, subject to the agreement of the Parties, they can seek advice of these organisations or bodies.

3. If a Party considers that the matter needs further discussion, that Party may request that the Committee on Trade and Sustainable Development be convened to consider the matter by delivering a written request to the contact point of the other Party. The Committee shall convene promptly and endeavour to agree on a resolution of the matter. The resolution of the Committee shall be made public unless the Committee otherwise decides.

4. The Committee may seek the advice of either or both Domestic Advisory Group(s) and each Party may seek the advice of its own Domestic Advisory Group(s). A Domestic Advisory Group of a Party may also submit communications on its own initiative to that Party or to the Committee.

Article 13.15

Panel of experts

1. Unless the Parties otherwise agree, a Party may, 90 days after the delivery of a request for consultations under Article 13.14.1, request that a Panel of Experts be convened to examine the matter that has not been satisfactorily addressed through government consultations. The Parties can make submissions to the Panel of Experts. The Panel of Experts should seek information and advice from either Party, the Domestic Advisory Group(s) or international organisations as set out in Article 13.14, as it deems appropriate. The Panel of Experts shall be convened within two months of a Party’s request.

2. The Panel of Experts that is selected in accordance with the procedures set out in paragraph 3, shall provide its expertise in implementing this Chapter. Unless the Parties otherwise agree, the Panel of Experts shall, within 90 days of the last expert being selected, present to the Parties a report. The Parties shall make their best efforts to accommodate advice or recommendations of the Panel of Experts on the implementation of this Chapter. The implementation of the recommendations of the Panel of Experts shall be monitored by the Committee on Trade and Sustainable Development. The report of the Panel of Experts shall be made available to the Domestic Advisory Group(s) of the Parties. As regards confidential information, the principles in Annex 14-B (Rules of Procedure for Arbitration) apply.

3. Upon the entry into force of this Agreement, the Parties shall agree on a list of at least 15 persons with expertise on the issues covered by this Chapter, of whom at least five shall be non-nationals of either Party who will serve as chair of the Panel of Experts. The experts shall be independent of, and not be affiliated with or take instructions from, either Party or organisations represented in the Domestic Advisory Group(s). Each Party shall select one expert from the list of experts within 30 days of the receipt of the request for the establishment of a Panel of Experts. If a Party fails to select its expert within such period, the other Party shall select from the list of experts a national of the Party that has failed to select an expert. The two selected experts shall decide on the chair who shall not be a national of either Party.

Article 13.16

Dispute settlement

For any matter arising under this Chapter, the Parties shall only have recourse to the procedures provided for in Articles 13.14 and 13.15.

CHAPTER FOURTEEN

DISPUTE SETTLEMENT

SECTION A

Objective and scope

Article 14.1

Objective

The objective of this Chapter is to avoid and settle any dispute between the Parties concerning the good faith application of this Agreement and to arrive at, where possible, a mutually agreed solution.

Article 14.2

Scope

This Chapter applies to any dispute concerning the interpretation and application of the provisions of this Agreement unless otherwise provided (86).

SECTION B

Consultations

Article 14.3

Consultations

1. The Parties shall endeavour to resolve any dispute regarding the interpretation and application of the provisions referred to in Article 14.2 by entering into consultations in good faith with the aim of reaching a mutually agreed solution.

2. A Party shall seek consultations by means of a written request to the other Party identifying any measure at issue and the provisions of the Agreement that it considers applicable. A copy of the request for consultations shall be delivered to the Trade Committee.

3. Consultations shall be held within 30 days of the date of the submission of the request and take place, unless the Parties agree otherwise, in the territory of the Party complained against. The consultations shall be deemed concluded within 30 days of the date of the submission of the request, unless the Parties agree to continue consultations. All information disclosed during the consultations shall remain confidential.

4. Consultations on matters of urgency, including those regarding perishable or seasonal goods (87) shall be held within 15 days of the date of the submission of the request, and shall be deemed concluded within 15 days of the date of the submission of the request.

5. If consultations are not held within the time frames laid down in paragraph 3 or 4 respectively, or if consultations have been concluded and no mutually agreed solution has been reached, the complaining Party may request the establishment of an arbitration panel in accordance with Article 14.4.

SECTION C

Dispute settlement procedures

Sub-section A

Arbitration procedure

Article 14.4

Initiation of the arbitration procedure

1. Where the Parties have failed to resolve the dispute by recourse to consultations as provided for in Article 14.3, the complaining Party may request the establishment of an arbitration panel.

2. The request for the establishment of an arbitration panel shall be made in writing to the Party complained against and the Trade Committee. The complaining Party shall identify in its request the specific measure at issue, and it shall explain how such measure constitutes a breach of the provisions referred to in Article 14.2.

Article 14.5

Establishment of the arbitration panel

1. An arbitration panel shall be composed of three arbitrators.

2. Within 10 days of the date of the submission of the request for the establishment of an arbitration panel to the Trade Committee, the Parties shall consult in order to reach an agreement on the composition of the arbitration panel.

3. In the event that the Parties are unable to agree on the composition of the arbitration panel within the time frame laid down in paragraph 2, either Party may request the chair of the Trade Committee, or the chair’s delegate, to select all three members by lot from the list established under Article 14.18, one among the individuals proposed by the complaining Party, one among the individuals proposed by the Party complained against and one among the individuals selected by the Parties to act as chairperson. Where the Parties agree on one or more of the members of the arbitration panel, any remaining members shall be selected by the same procedure.

4. The date of establishment of the arbitration panel shall be the date on which the three arbitrators are selected.

Article 14.6

Interim panel report

1. The arbitration panel shall issue to the Parties an interim report setting out the findings of facts, the applicability of the relevant provisions and the basic rationale behind any findings and recommendations that it makes, within 90 days of the date of establishment of the arbitration panel. Where it considers that this deadline cannot be met, the chairperson of the arbitration panel must notify the Parties and the Trade Committee in writing, stating the reasons for the delay and the date on which the panel plans to issue its interim report. Under no circumstances should the interim report be issued later than 120 days after the date of the establishment of the arbitration panel.

2. Any Party may submit a written request for the arbitration panel to review precise aspects of the interim report within 14 days of its issuance.

3. In cases of urgency, including those involving perishable or seasonal goods, the arbitration panel shall make every effort to issue its interim report and any Party may submit a written request for the arbitration panel to review precise aspects of the interim report, within half of the respective time frames under paragraphs 1 and 2.

4. After considering any written comments by the Parties on the interim report, the arbitration panel may modify its report and make any further examination it considers appropriate. The final arbitration panel ruling shall include a discussion of the arguments made at the interim review stage.

Article 14.7

Arbitration panel ruling

1. The arbitration panel shall issue its ruling to the Parties and to the Trade Committee within 120 days of the date of the establishment of the arbitration panel. Where it considers that this deadline cannot be met, the chairperson of the arbitration panel must notify the Parties and the Trade Committee in writing, stating the reasons for the delay and the date on which the panel plans to issue its ruling. Under no circumstances should the ruling be issued later than 150 days after the date of the establishment of the arbitration panel.

2. In cases of urgency, including those involving perishable or seasonal goods, the arbitration panel shall make every effort to issue its ruling within 60 days of the date of its establishment. Under no circumstances should it take longer than 75 days after its establishment. The arbitration panel may give a preliminary ruling within 10 days of its establishment on whether it deems the case to be urgent.

Sub-section B

Compliance

Article 14.8

Compliance with the arbitration panel ruling

Each Party shall take any measure necessary to comply in good faith with the arbitration panel ruling, and the Parties will endeavour to agree on the period of time to comply with the ruling.

Article 14.9

The reasonable period of time for compliance

1. No later than 30 days after the issuance of the arbitration panel ruling to the Parties, the Party complained against shall notify the complaining Party and the Trade Committee of the time it will require for compliance.

2. If there is disagreement between the Parties on the reasonable period of time to comply with the arbitration panel ruling, the complaining Party shall, within 20 days of the notification made under paragraph 1 by the Party complained against, request in writing the original arbitration panel to determine the length of the reasonable period of time. Such request shall be notified to the other Party and to the Trade Committee. The arbitration panel shall issue its ruling to the Parties and to the Trade Committee within 20 days of the date of the submission of the request.

3. In the event that any member of the original arbitration panel is no longer available, the procedures set out in Article 14.5 shall apply. The time limit for issuing the ruling shall be 35 days from the date of the submission of the request referred to in paragraph 2.

4. The Party complained against will inform the complaining Party in writing of its progress to comply with the arbitration panel ruling at least one month before the expiry of the reasonable period of time.

5. The reasonable period of time may be extended by mutual agreement of the Parties.

Article 14.10

Review of any measure taken to comply with the arbitration panel ruling

1. The Party complained against shall notify the complaining Party and the Trade Committee before the end of the reasonable period of time of any measure that it has taken to comply with the arbitration panel ruling.

2. Where there is disagreement between the Parties as to the existence of a measure or consistency with the provisions referred to in Article 14.2 of any measure notified under paragraph 1, the complaining Party may request in writing the original arbitration panel to rule on the matter. Such request shall identify the specific measure at issue and it shall explain how such measure is incompatible with the provisions referred to in Article 14.2. The arbitration panel shall issue its ruling within 45 days of the date of the submission of the request.

3. In the event that any member of the original arbitration panel is no longer available, the procedures set out in Article 14.5 shall apply. The time limit for issuing the ruling shall be 60 days from the date of the submission of the request referred to in paragraph 2.

Article 14.11

Temporary remedies in case of non-compliance

1. If the Party complained against fails to notify any measure taken to comply with the arbitration panel ruling before the expiry of the reasonable period of time, or if the arbitration panel rules that no measure taken to comply exists or that the measure notified under Article 14.10.1 is inconsistent with that Party’s obligations under the provisions referred to in Article 14.2, the Party complained against shall, if so requested by the complaining Party, present an offer for temporary compensation.

2. If no agreement on compensation is reached within 30 days of the end of the reasonable period of time or of the issuance of the arbitration panel ruling under Article 14.10 that no measure taken to comply exists or the measure notified under Article 14.10.1 is inconsistent with the provisions referred to in Article 14.2, the complaining Party shall be entitled, upon notification to the Party complained against and to the Trade Committee, to suspend obligations arising from any provision referred to in Article 14.2 at a level equivalent to the nullification or impairment caused by the violation. The notification shall specify the level of obligations that the complaining Party intends to suspend. The complaining Party may implement the suspension 10 days after the date of the notification, unless the Party complained against has requested arbitration under paragraph 4.

3. In suspending obligations, the complaining Party may choose to increase its tariff rates to the level applied to other WTO Members on a volume of trade to be determined in such a way that the volume of trade multiplied by the increase of the tariff rates equals the value of the nullification or impairment caused by the violation.

4. If the Party complained against considers that the level of suspension is not equivalent to the nullification or impairment caused by the violation, it may request in writing the original arbitration panel to rule on the matter. Such request shall be notified to the complaining Party and to the Trade Committee before the expiry of the 10 day period referred to in paragraph 2. The original arbitration panel shall issue its ruling on the level of the suspension of obligations to the Parties and to the Trade Committee within 30 days of the date of the submission of the request. Obligations shall not be suspended until the original arbitration panel has issued its ruling, and any suspension shall be consistent with the arbitration panel ruling.

5. In the event that any member of the original arbitration panel is no longer available, the procedures laid down in Article 14.5 shall apply. The period for issuing the ruling shall be 45 days from the date of the submission of the request referred to in paragraph 4.

6. The suspension of obligations shall be temporary and apply only until any measure found to be inconsistent with the provisions referred to in Article 14.2 has been withdrawn or amended so as to bring it into conformity with those provisions, as established under Article 14.12, or until the Parties have agreed to settle the dispute.

Article 14.12

Review of any measure taken to comply after the suspension of obligations

1. The Party complained against shall notify the complaining Party and the Trade Committee of any measure it has taken to comply with the ruling of the arbitration panel and of its request for the termination of the suspension of obligations applied by the complaining Party.

2. If the Parties do not reach an agreement on the compatibility of the notified measure with the provisions referred to in Article 14.2 within 30 days of the date of the notification, the complaining Party shall request in writing the original arbitration panel to rule on the matter. Such request shall be notified to the Party complained against and to the Trade Committee. The arbitration panel ruling shall be issued to the Parties and to the Trade Committee within 45 days of the date of the submission of the request. If the arbitration panel rules that any measure taken to comply is in conformity with the provisions referred to in Article 14.2, the suspension of obligations shall be terminated.

3. In the event that any member of the original arbitration panel is no longer available, the procedures laid down in Article 14.5 shall apply. The period for issuing the ruling shall be 60 days from the date of the submission of the request referred to in paragraph 2.

Sub-section C

Common provisions

Article 14.13

Mutually agreed solution

The Parties may reach a mutually agreed solution to a dispute under this Chapter at any time. They shall notify the Trade Committee of any such solution. Upon notification of the mutually agreed solution, the procedure shall be terminated.

Article 14.14

Rules of procedure

1. Dispute settlement procedures under this Chapter shall be governed by Annex 14-B.

2. Any hearing of the arbitration panel shall be open to the public in accordance with Annex 14-B.

Article 14.15

Information and technical advice

At the request of a Party, or upon its own initiative, the arbitration panel may obtain information from any source, including the Parties involved in the dispute, as it deems appropriate for the arbitration panel proceeding. The arbitration panel also has the right to seek the relevant opinion of experts as it deems appropriate. Any information obtained in this manner must be disclosed to both Parties which may submit comments. Interested natural or legal persons of the Parties are authorised to submit amicus curiae briefs to the arbitration panel in accordance with Annex 14-B.

Article 14.16

Rules of interpretation

Any arbitration panel shall interpret the provisions referred to in Article 14.2 in accordance with customary rules of interpretation of public international law, including those codified in the Vienna Convention on the Law of Treaties. Where an obligation under this Agreement is identical to an obligation under the WTO Agreement, the arbitration panel shall adopt an interpretation which is consistent with any relevant interpretation established in rulings of the WTO Dispute Settlement Body (hereinafter referred to as the ‘DSB’). The rulings of the arbitration panel cannot add to or diminish the rights and obligations provided for in the provisions referred to in Article 14.2.

Article 14.17

Arbitration panel decisions and rulings

1. The arbitration panel shall make every effort to take any decision by consensus. Where, nevertheless, a decision cannot be arrived at by consensus, the matter at issue shall be decided by majority vote. In no case shall dissenting opinions of arbitrators be published.

2. Any ruling of the arbitration panel shall be binding on the Parties and shall not create any rights or obligations for natural or legal persons. The ruling shall set out the findings of fact, the applicability of the relevant provisions of this Agreement and the basic rationale behind any findings and conclusions that it makes. The Trade Committee shall make the arbitration panel rulings publicly available in its entirety unless it decides not to do so.

SECTION D

General provisions

Article 14.18

List of arbitrators

1. The Trade Committee shall, no later than six months after the entry into force of this Agreement, establish a list of 15 individuals who are willing and able to serve as arbitrators. Each Party shall propose five individuals to serve as arbitrators. The Parties shall also select five individuals who are not nationals of either Party and shall act as chairperson to the arbitration panel. The Trade Committee will ensure that the list is always maintained at this level.

2. Arbitrators shall have specialised knowledge or experience of law and international trade. They shall be independent, serve in their individual capacities and not take instructions from any organisation or government with regard to matters related to the dispute, or be affiliated with the government of any Party, and shall comply with Annex 14-C.

Article 14.19

Relation with WTO obligations

1. Recourse to the dispute settlement provisions of this Chapter shall be without prejudice to any action in the WTO framework, including dispute settlement action.

2. However, where a Party has, with regard to a particular measure, initiated a dispute settlement proceeding, either under this Chapter or under the WTO Agreement, it may not institute a dispute settlement proceeding regarding the same measure in the other forum until the first proceeding has been concluded. In addition, a Party shall not seek redress of an obligation which is identical under this Agreement and under the WTO Agreement in the two forums. In such case, once a dispute settlement proceeding has been initiated, the Party shall not bring a claim seeking redress of the identical obligation under the other Agreement to the other forum, unless the forum selected fails for procedural or jurisdictional reasons to make findings on the claim seeking redress of that obligation.

3. For the purposes of paragraph 2:

(a)

dispute settlement proceedings under the WTO Agreement are deemed to be initiated by a Party’s request for the establishment of a panel under Article 6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes contained in Annex 2 of the WTO Agreement (hereinafter referred to as the ‘DSU’) and are deemed to be concluded when the DSB adopts the Panel’s report, and the Appellate Body’s report as the case may be, under Articles 16 and 17.14 of the DSU; and

(b)

dispute settlement proceedings under this Chapter are deemed to be initiated by a Party’s request for the establishment of an arbitration panel under Article 14.4.1 and are deemed to be concluded when the arbitration panel issues its ruling to the Parties and to the Trade Committee under Article 14.7.

4. Nothing in this Agreement shall preclude a Party from implementing the suspension of obligations authorised by the DSB. The WTO Agreement shall not be invoked to preclude a Party from suspending obligations under this Chapter.

Article 14.20

Time limits

1. All time limits laid down in this Chapter, including the limits for the arbitration panels to issue their rulings, shall be counted in calendar days, the first day being the day following the act or fact to which they refer.

2. Any time limit referred to in this Chapter may be extended by mutual agreement of the Parties.

CHAPTER FIFTEEN

INSTITUTIONAL, GENERAL AND FINAL PROVISIONS

Article 15.1

Trade Committee

1. The Parties hereby establish a Trade Committee (88) comprising representatives of the EU Party and representatives of Korea.

2. The Trade Committee shall meet once a year in Brussels or Seoul alternately or at the request of either Party. The Trade Committee shall be co-chaired by the Minister for Trade of Korea and the Member of the European Commission responsible for Trade, or their respective designees. The Trade Committee shall agree on its meeting schedule and set its agenda.

3. The Trade Committee shall:

(a)	ensure that this Agreement operates properly;

(b)	supervise and facilitate the implementation and application of this Agreement, and further its general aims;

(c)	supervise the work of all specialised committees, working groups and other bodies established under this Agreement;

(d)	consider ways to further enhance trade relations between the Parties;

(e)

without prejudice to the rights conferred in Chapter Fourteen (Dispute Settlement) and Annex 14-A (Mediation Mechanism for Non-Tariff Measures), seek appropriate ways and methods of forestalling problems which might arise in areas covered by this Agreement, or of resolving disputes that may arise regarding the interpretation or application of this Agreement;

(f)	study the development of trade between the Parties; and

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

4. The Trade Committee may:

(a)	decide to establish and delegate responsibilities to specialised committees, working groups or other bodies;

(b)	communicate with all interested parties including private sector and civil society organisations;

(c)	consider amendments to this Agreement or amend provisions of this Agreement in cases specifically provided for in this Agreement;

(d)	adopt interpretations of the provisions of this Agreement;

(e)	make recommendations or adopt decisions as envisaged by this Agreement;

(f)	adopt its own rules of procedure; and

(g)	take such other action in the exercise of its functions as the Parties may agree.

5. The Trade Committee shall report to the Joint Committee on its activities and those of its specialised committees, working groups and other bodies at each regular meeting of the Joint Committee.

6. Without prejudice to the rights conferred in Chapter Fourteen (Dispute Settlement) and Annex 14-A (Mediation Mechanism for Non-Tariff Measures), either Party may refer to the Trade Committee any issue relating to the interpretation or application of this Agreement.

7. When a Party submits information considered as confidential under its laws and regulations to the Trade Committee, specialised committees, working groups or any other bodies, the other Party shall treat that information as confidential.

8. Recognising the importance of transparency and openness, the Parties affirm their respective practices of considering the views of members of the public in order to draw on a broad range of perspectives in the implementation of this Agreement.

Article 15.2

Specialised committees

1. The following specialised committees are hereby established under the auspices of the Trade Committee:

(a)	the Committee on Trade in Goods in accordance with Article 2.16 (Committee on Trade in Goods);

(b)	the Committee on Sanitary and Phytosanitary Measures in accordance with Article 5.10 (Committee on Sanitary and Phytosanitary Measures);

(c)	the Customs Committee in accordance with Article 6.16 (Customs Committee). In matters exclusively covered by the Customs Agreement, the Customs Committee acts as the Joint Customs Cooperation Committee established under that Agreement;

(d)	the Committee on Trade in Services, Establishment and Electronic Commerce in accordance with Article 7.3 (Committee on Trade in Services, Establishment and Electronic Commerce);

(e)	the Committee on Trade and Sustainable Development in accordance with Article 13.12 (Institutional Mechanism); and

(f)	the Committee on Outward Processing Zones on the Korean Peninsula in accordance with Annex IV of the Protocol concerning the Definition of ‘Originating Products’ and Methods of Administrative Cooperation.

The remit and tasks of the specialised committees established are defined in the relevant chapters and protocols of this Agreement.

2. The Trade Committee may decide to establish other specialised committees in order to assist it in the performance of its tasks. The Trade Committee shall determine the composition, duties and functioning of the specialised committees established pursuant to this Article.

3. Unless otherwise provided for in this Agreement, the specialised committees shall normally meet, once a year, at an appropriate level, alternately in Brussels or Seoul, or at the request of either Party or of the Trade Committee and shall be co-chaired by representatives of Korea and the European Union. The specialised committees shall agree on their meeting schedule and set their agenda.

4. The specialised committees shall inform the Trade Committee of their schedule and agenda sufficiently in advance of their meetings. They shall report to the Trade Committee on their activities at each regular meeting of the Trade Committee. The creation or existence of a specialised committee shall not prevent either Party from bringing any matter directly to the Trade Committee.

5. The Trade Committee may decide to change or undertake the task assigned to a specialised committee or dissolve any specialised committee.

Article 15.3

Working Groups

1. The following Working Groups are hereby established under the auspices of the Trade Committee:

(a)	the Working Group on Motor Vehicles and Parts in accordance with Article 9.2 (Working Group on Motor Vehicles and Parts) of Annex 2-C (Motor Vehicles and Parts);

(b)	the Working Group on Pharmaceutical Products and Medical Devices in accordance with Article 5.3 (Regulatory Cooperation) of Annex 2-D (Pharmaceutical Products and Medical Devices);

(c)	the Working Group on Chemicals in accordance with paragraph 4 of Annex 2-E (Chemicals);

(d)	the Working Group on Trade Remedy Cooperation in accordance with Article 3.16.1 (Working Group on Trade Remedy Cooperation);

(e)	the Working Group on MRA in accordance with Article 7.21.6 (Mutual Recognition);

(f)	the Working Group on Government Procurement in accordance with Article 9.3 (Government Procurement Working Group); and

(g)	the Working Group on Geographical Indications in accordance with Article 10.25 (Working Group on Geographical Indications).

2. The Trade Committee may decide to establish other working groups for a specific task or subject matter. The Trade Committee shall determine the composition, duties and functioning of working groups. Any regular or ad-hoc meetings between the Parties whose work addresses matters covered by this Agreement shall be considered working groups within the meaning of this Article.

3. Unless otherwise provided for in this Agreement, working groups shall meet, at an appropriate level, when circumstances require, or at the request of either Party or of the Trade Committee. They shall be co-chaired by representatives of Korea and the European Union. Working groups shall agree on their meeting schedule and set their agenda.

4. Working groups shall inform the Trade Committee of their schedule and agenda sufficiently in advance of their meetings. They shall report to the Trade Committee on their activities at each regular meeting of the Trade Committee. The creation or existence of a working group shall not prevent either Party from bringing any matter directly to the Trade Committee.

5. The Trade Committee may decide to change or undertake the task assigned to a working group or dissolve any working group.

Article 15.4

Decision-making

1. The Trade Committee shall, for the purpose of attaining the objectives of this Agreement, have the power to take decisions in respect of all matters in the cases provided by this Agreement.

2. The decisions taken shall be binding on the Parties, which shall take the measures necessary to implement the decisions taken. The Trade Committee may also make appropriate recommendations.

3. The Trade Committee shall draw up its decisions and recommendations by agreement between the Parties.

Article 15.5

Amendments

1. The Parties may agree, in writing, to amend this Agreement. An amendment shall enter into force after the Parties exchange written notifications certifying that they have completed their respective applicable legal requirements and procedures, on such date as the Parties may agree.

2. Notwithstanding paragraph 1, the Trade Committee may decide to amend the Annexes, Appendices, Protocols and Notes to this Agreement. The Parties may adopt the decision subject to their respective applicable legal requirements and procedures.

Article 15.6

Contact points

1. In order to facilitate communication and to ensure the effective implementation of this Agreement, the Parties shall designate coordinators upon the entry into force of this Agreement. The designation of coordinators is without prejudice to the specific designation of competent authorities under specific chapters of this Agreement.

2. On the request of either Party, the coordinator of the other Party shall indicate the office or official responsible for any matter pertaining to the implementation of this Agreement and provide the required support to facilitate communication with the requesting Party.

3. To the extent possible under its legislation, each Party shall provide information through its coordinators on the request of the other Party and reply promptly to any question from the other Party relating to an actual or proposed measure that might affect trade between the Parties.

Article 15.7

Taxation

1. This Agreement shall only apply to taxation measures in so far as such application is necessary to give effect to the provisions of this Agreement.

2. Nothing in this Agreement shall affect the rights and obligations of either Party under any tax convention between Korea and the respective Member States of the European Union. In the event of any inconsistency between this Agreement and any such convention, that convention shall prevail to the extent of the inconsistency. In the case of a tax convention between Korea and the respective Member States of the European Union, the competent authorities under that convention shall have sole responsibility for jointly determining whether any inconsistency exists between this Agreement and that convention.

3. Nothing in this Agreement shall be construed to prevent the Parties from distinguishing, in the application of the relevant provisions of their fiscal legislation, between taxpayers 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.

4. Nothing in this Agreement shall be construed to prevent the adoption or enforcement of any measure aimed at preventing the avoidance or evasion of taxes pursuant to the tax provisions of agreements to avoid double taxation or other tax arrangements or domestic fiscal legislation.

Article 15.8

Balance-of-payments exceptions

1. Where a Party is in serious balance-of-payments and external financial difficulties, or under threat thereof, it may adopt or maintain restrictive measures with regard to trade in goods, services and establishment.

2. The Parties shall endeavour to avoid the application of the restrictive measures referred to in paragraph 1.

Any restrictive measures adopted or maintained under this Article shall be non-discriminatory, of limited duration, not go beyond what is necessary to remedy the balance-of-payments and external financial situation. They shall be in accordance with the conditions established in the WTO Agreement and consistent with the Articles of Agreement of the International Monetary Fund, as applicable.

3. Any Party maintaining or having adopted restrictive measures, or any changes thereto, shall promptly notify the other Party of them and present, as soon as possible, a time schedule for their removal.

4. Where the restrictions are adopted or maintained, consultation shall be held promptly in the Trade Committee. Such consultation shall assess the balance-of-payments situation of the concerned Party and the restrictions adopted or maintained under this Article, taking into account, inter alia, such factors as:

(a)	the nature and extent of the balance-of-payments and the external financial difficulties;

(b)	the external economic and trading environment; or

(c)	alternative corrective measures which may be available.

The consultations shall address the compliance of any restrictive measures with paragraphs 3 and 4. All findings of statistical and other facts presented by the International Monetary Funds (hereinafter referred to as the ‘IMF’) relating to foreign exchange, monetary reserves and balance of payments shall be accepted and conclusions shall be based on the assessment by the IMF of the balance of payments and the external financial situation of the concerned Party.

Article 15.9

Security exceptions

Nothing in this Agreement shall be construed:

(a)	to require any Party to furnish any information, the disclosure of which it considers contrary to its essential security interests;

(b)

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

(i)	connected with the production of or trade in arms, munitions or war material or relating to economic activities carried out directly or indirectly for the purpose of provisioning a military establishment;

(ii)	relating to fissionable and fusionable materials or the materials from which they are derived; or

(iii)

taken in time of war or other emergency in international relations; or

(c)	to prevent any Party from taking any action in order to carry out its international obligations for the purpose of maintaining international peace and security.

Article 15.10

Entry into force

1. This Agreement shall be approved by the Parties in accordance with their own procedures.

2. This Agreement shall enter into force 60 days after the date the Parties exchange written notifications certifying that they have completed their respective applicable legal requirements and procedures or on such other date as the Parties may agree.

3. Notwithstanding paragraphs 2 and 5, the Parties shall apply the Protocol on Cultural Cooperation from the first day of the third month following the date when Korea has deposited its instrument of ratification of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions adopted in Paris on 20 October 2005 (hereinafter referred to as the ‘UNESCO Convention’) to the UNESCO Secretariat in Paris unless Korea has deposited its instrument of ratification of the UNESCO Convention before the exchange of notifications referred to in paragraphs 2 or 5.

4. Notifications shall be sent to the Secretary-General of the Council of the European Union and to the Ministry of Foreign Affairs and Trade of Korea, or its successor.

(a)	This Agreement shall be provisionally applied from the first day of the month following the date on which the EU Party and Korea have notified each other of the completion of their respective relevant procedures.
(b)	In the event that certain provisions of this Agreement cannot be provisionally applied, the Party which cannot undertake such provisional application shall notify the other Party of the provisions which cannot be provisionally applied. Notwithstanding subparagraph (a), provided the other Party has completed the necessary procedures and does not object to provisional application within 10 days of the notification that certain provisions cannot be provisionally applied, the provisions of this Agreement which have not been notified shall be provisionally applied the first day of the month following the notification.
(c)	A Party may terminate provisional application by written notice to the other Party. Such termination shall take effect on the first day of the month following notification.
(d)	Where this Agreement, or certain provisions thereof, is provisionally applied, the term ‘entry into force of this Agreement’ shall be understood to mean the date of provisional application.

Article 15.11

Duration

1. This Agreement shall be valid indefinitely.

2. Either Party may notify in writing the other Party of its intention to denounce this Agreement.

3. The denunciation shall take effect six months after the notification under paragraph 2.

Article 15.12

Fulfilment of obligations

1. The Parties shall take any general or specific measures required to fulfil their obligations under this Agreement. They shall see to it that the objectives set out in this Agreement are attained.

2. Either Party may immediately take appropriate measures in accordance with international law in case of denunciation of this Agreement not sanctioned by the general rules of international law.

Article 15.13

Annexes, appendices, protocols and notes

The Annexes, Appendices, Protocols and Notes to this Agreement shall form an integral part thereof.

Article 15.14

Relation with other agreements

1. Unless specified otherwise, previous agreements between the Member States of the European Union and/or the European Community and/or the European Union and Korea are not superseded or terminated by this Agreement.

2. The present Agreement shall be an integral part of the overall bilateral relations as governed by the Framework Agreement. It constitutes a specific Agreement giving effect to the trade provisions within the meaning of the Framework Agreement.

3. The Protocol on Mutual Administrative Assistance in Customs Matters supersedes the Customs Agreement with regard to the provisions concerning mutual administrative assistance.

4. The Parties agree that nothing in this Agreement requires them to act in a manner inconsistent with their obligations under the WTO Agreement.

Article 15.15

Territorial application

1. This Agreement shall apply, on the one hand, to the territories in which the Treaty on European Union and the Treaty on the Functioning of the European Union are applied and under the conditions laid down in those Treaties, and, on the other hand, to the territory of Korea. References to ‘territory’ in this Agreement shall be understood in this sense, unless explicitly stated otherwise.

2. As regards those provisions concerning the tariff treatment of goods, this Agreement shall also apply to those areas of the EU customs territory not covered by paragraph 1.

Article 15.16

Authentic texts

This Agreement is drawn up in duplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Korean languages, each of these texts being equally authentic.

Съставено в Брюксел на шести октомври две хиляди и десета година.

Hecho en Bruselas, el seis de octubre de dos mil diez.

V Bruselu dne šestého října dva tisíce deset.

Udfærdiget i Bruxelles den sjette oktober to tusind og ti.

Geschehen zu Brüssel am sechsten Oktober zweitausendzehn.

Kahe tuhande kümnenda aasta oktoobrikuu kuuendal päeval Brüsselis.

Έγινε στις Βρυξέλλες, στις έξι Οκτωβρίου δύο χιλιάδες δέκα.

Done at Brussels on the sixth day of October in the year two thousand and ten.

Fait à Bruxelles, le six octobre deux mille dix.

Fatto a Bruxelles, addì sei ottobre duemiladieci.

Briselē, divi tūkstoši desmitā gada sestajā oktobrī.

Priimta du tūkstančiai dešimtų metų spalio šeštą dieną Briuselyje.

Kelt Brüsszelben, a kétezer-tizedik év október hatodik napján.

Magħmul fi Brussell, fis-sitt jum ta' Ottubru tas-sena elfejn u għaxra.

Gedaan te Brussel, de zesde oktober tweeduizend tien.

Sporządzono w Brukseli dnia szóstego października roku dwa tysiące dziesiątego.

Feito em Bruxelas, em seis de Outubro de dois mil e dez.

Întocmit la Bruxelles, la șase octombrie două mii zece.

V Bruseli dňa šiesteho októbra dvetisícdesať.

V Bruslju, dne šestega oktobra leta dva tisoč deset.

Tehty Brysselissä kuudentena päivänä lokakuuta vuonna kaksituhattakymmenen.

Som skedde i Bryssel den sjätte oktober tjugohundratio.

Voor het Koninkrijk België

Pour le Royaume de Belgique

Für das Königreich Belgien

Deze handtekening verbindt eveneens de Vlaamse Gemeenschap, de Franse Gemeenschap, de Duitstalige Gemeenschap, het Vlaamse Gewest, het Waalse Gewest en het Brussels Hoofdstedelijk Gewest.

Cette signature engage également la Communauté française, la Communauté flamande, la Communauté germanophone, la Région wallonne, la Région flamande et la Région de Bruxelles-Capitale.

Diese Unterschrift bindet zugleich die Deutschsprachige Gemeinschaft, die Flämische Gemeinschaft, die Französische Gemeinschaft, die Wallonische Region, die Flämische Region und die Region Brüssel-Hauptstadt.

За Релублика Ъьлгария

Za Českou republiku

På Kongeriget Danmarks vegne

Für die Bundesrepublik Deutschland

Eesti Vabariigi nimel

Thar cheann Na hÉireann

For Ireland

Για την Ελληνική Δημοκρατία

Por el Reino de España

Pour la République française

Per la Repubblica italiana

Για την Κυπριακή Δημοκρατία

Latvijas Republikas vārdā –

Lietuvos Respublikos vardu

Pour le Grand-Duché de Luxembourg

A Magyar Köztársaság részéről

Gћal Malta

Voor het Koninkrijk der Nederlanden

Für die Republik Österreich

W imieniu Rzeczypospolitej Polskiej

Pela República Portuguesa

Pentru România

Za Republiko Slovenijo

Za Slovenskú republiku

Suomen tasavallan puolesta

För Republiken Finland

För Konungariket Sverige

For the United Kingdom of Great Britain and Northern Ireland

За Европейския сьюз

Por la Unión Europea

Za Evropskou unii

For Den Europæiske Union

Für die Europäische Union

Euroopa Liidu nimel

Για την Ευρωπαϊκή Ένωση

For the European Union

Pour l'Union européenne

Per l'Unione europea

Eiropas Savienības vārdā –

Europos Sajungos vardu

Az Európai Unió részéről

Għall-Unjoni Ewropea

Voor de Europese Unie

W imieniu Unii Europejskiej

Pela União Europeia

Pentru Uniunea Europeană

Za Európske úniu

Za Evropsko unijo

Euroopan unionin puolesta

För Europeiska unionen

(1) For the purposes of this Agreement, goods means products as understood in GATT 1994 unless otherwise provided in this Agreement.

(2) The Parties understand that this definition is without prejudice to the treatment that the Parties, in line with the WTO Agreement, may accord to trade conducted on a most-favoured-nation basis.

(3) A Party may require an importer to provide sufficient guarantee in the form of a surety, a deposit or some other appropriate instruments, covering the ultimate payment of the customs duties, taxes and fees in connection with the importation of the goods.

(4) The sole fact of requiring a visa for natural persons of certain countries and not for those of others shall not be regarded as nullifying or impairing benefits under the terms of a specific commitment in this Chapter and its Annexes.

(5) Central administration means the head office where ultimate decision-making takes place.

(6) In line with its notification of the Treaty establishing the European Community to the WTO (WT/REG39/1), the EU Party understands the concept of ‘effective and continuous link’ with the economy of a Member State of the European Union enshrined in Article 48 of the Treaty as equivalent to the concept of ‘substantive business operations’ provided for in paragraph 6 of Article V of the GATS. Accordingly, for a juridical person set up in accordance with the laws of Korea and having only its registered office or central administration in the territory of Korea, the EU Party shall only extend the benefits of this Agreement if that juridical person possesses an effective and continuous link with the economy of Korea.

(7) This subparagraph shall not apply to establishment.

(8) The exclusion of audiovisual services from the scope of this Section is without prejudice to the rights and obligations derived from the Protocol on Cultural Cooperation.

(9) This subparagraph includes measures which require a service supplier of the other Party to have an establishment within the meaning of Article 7.9(a) or to be resident in a Party’s territory as a condition for the cross-border supply of services.

(10) This subparagraph does not cover measures of a Party which limit inputs for the cross-border supply of services.

(11) Nothing in this Article shall be interpreted as extending the scope of this Section.

(12) The terms ‘constitution’ and ‘acquisition’ of a juridical person shall be understood as including capital participation in a juridical person with a view to establishing or maintaining lasting economic links.

(13) Where the economic activity is not performed directly by a juridical person but through other forms of establishment such as a branch or a representative office, the investor including the juridical person shall, nonetheless, through such establishment be accorded the treatment provided for investors under this Agreement. Such treatment shall be extended to the establishment through which the economic activity is performed and need not be extended to any other parts of the investor located outside the territory where the economic activity is performed.

(14) Investment protection, other than the treatment deriving from Article 7.12, including investor-state dispute settlement procedures, is not covered by this Chapter.

(15) For greater certainty, processing of nuclear materials covers all the activities included in the International Standard Industrial Classification of all Economic Activities as set out in Statistical Office of the United Nations, Statistical Papers, Series M, N 4, ISIC REV 3.1, 2002 code 2330.

(16) War material is limited to any product which is solely intended and made for military use in connection with the conduct of war or defence activities.

(17) The exclusion of audiovisual services from the scope of this Section is without prejudice to the rights and obligations derived from the Protocol on Cultural Cooperation.

(18) Subparagraphs (a) through (c) do not cover measures taken in order to limit the production of an agricultural product.

(19) This Article applies to measures governing the composition of boards of directors of an establishment, such as nationality and residency requirements.

(20) Nothing in this Article shall be interpreted as extending the scope of this Section.

(21) The obligation contained in this paragraph does not extend to the investment protection provisions not covered by this Chapter, including provisions relating to investor-state dispute settlement procedures.

(22) This includes this Chapter and Annexes 7-A and 7-C.

(23) The recipient establishment may be required to submit a training programme covering the duration of stay for prior approval, demonstrating that the purpose of the stay is for training corresponding to the level of a university degree.

(24) The service contract referred to under this subparagraph shall comply with the laws, regulations and requirements of the Party where the contract is executed.

(25) The service contract referred to under this subparagraph shall comply with the laws, regulations and requirements of the Party where the contract is executed.

(26) A Party may authorise an extension for the period allowed in conformity with the laws and regulations in force in its territory.

(27) This paragraph is without prejudice to the rights and obligations deriving from bilateral visa waiver agreements between Korea and one of the Member States of the European Union.

(28) Unless otherwise provided in Annex 7-A, neither Party may require that an establishment appoints to senior management positions natural persons of any particular nationality or having residency in its territory.

(29) This Article is without prejudice to the rights and obligations deriving from bilateral visa waiver agreements between Korea and one of the Member States of the European Union.

(30) CPC means the Central Products Classification as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No 77, CPC Prov, 1991.

(31) For greater certainty, nothing in this Article shall be interpreted as intending to change the regulatory framework of the existing regulatory body in Korea which regulates private delivery service suppliers upon the entry into force of this Agreement.

(32) These include services listed in items from a through g under C. Telecommunication Services of 2. Communication Services in the MTN/GNS/W/120.

(33) The scope and implementation of universal services shall be decided by each Party.

(34) Licence fees do not include payments for auction, tendering or other non-discriminatory means of awarding concessions, or mandated contributions to universal service provision.

(35) This subparagraph shall take effect no later than five years after the entry into force of this Agreement. Each Party shall ensure that licence fees are imposed and applied in a non-discriminatory manner upon the entry into force of this Agreement.

(36) Or margin squeeze for the EU Party.

(37) Each Party will implement this obligation in accordance with its relevant legislation.

(38) For disputes between service suppliers or between service suppliers and users, the appeal body shall be independent of the parties involved in the dispute.

(39) Any measure which is applied to financial service suppliers established in a Party’s territory that are not regulated and supervised by the financial supervisory authority of that Party would be deemed to be a prudential measure for the purposes of this Agreement. For greater certainty, any such measure shall be taken in line with this Article.

(40) It is understood that the term ‘prudential reasons’ may include the maintenance of the safety, soundness, integrity or financial responsibility of individual financial service suppliers.

(41) For greater certainty, this commitment indicates the rights and freedoms set out in the Universal Declaration of Human Rights, the Guidelines for the Regulation of Computerised Personal Data Files (adopted by the United General Assembly Resolution 45/95 of 14 December 1990), and the OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data (adopted by the OECD Council on 23 September 1980).

(42) The inclusion of the provisions on electronic commerce in this Chapter is made without prejudice to Korea’s position on whether deliveries by electronic means should be categorised as trade in services or goods.

(43) The public order exception may be invoked only where a genuine and sufficiently serious threat is posed to one of the fundamental interests of society.

(44) Measures that are aimed at ensuring the equitable or effective imposition or collection of direct taxes include measures taken by a Party under its taxation system which:

(a)	apply to non-resident investors and service suppliers in recognition of the fact that the tax obligation of non-residents is determined with respect to taxable items sourced or located in the Party’s territory;

(b)	apply to non-residents in order to ensure the imposition or collection of taxes in the Party’s territory;

(c)	apply to non-residents or residents in order to prevent the avoidance or evasion of taxes, including compliance measures;

(d)	apply to consumers of services supplied in or from the territory of the other Party in order to ensure the imposition or collection of taxes on such consumers derived from sources in the Party’s territory;

(e)	distinguish investors and service suppliers subject to tax on worldwide taxable items from other investors and service suppliers, in recognition of the difference in the nature of the tax base between them; or

(f)	determine, allocate or apportion income, profit, gain, loss, deduction or credit of resident persons or branches, or between related persons or branches of the same person, in order to safeguard the Party’s tax base.

Tax terms or concepts in this paragraph and this footnote are determined according to tax definitions and concepts, or equivalent or similar definitions and concepts, under the domestic law of the Party taking the measure.

(45) ‘serious difficulties for the operation of monetary policy or exchange rate policy’ shall include, but not be limited to, serious balance of payments or external financial difficulties, and the safeguard measures under this Article shall not apply with respect to foreign direct investments.

(46) In particular, safeguard measures provided for in this Article should be applied in such a way that they:

(a)	are not confiscatory;

(b)	do not constitute a dual or multiple exchange rate practice;

(c)	do not otherwise interfere with investors’ ability to earn a market rate of return in the territory of the Party who took safeguard measures on any restricted assets;

(d)	avoid unnecessary damage to the commercial, economic or financial interests of the other Party;

(e)	are temporary and phased out progressively as the situation calling for imposition of such measures improves; and

(f)	are promptly published by the competent authorities responsible for foreign exchange policy.

(47) The European Union or Member States of the European Union or Korea.

(48) As long as the circumstances present at the time of initial adoption of safeguard measures or any equivalent thereto still exist, the application of safeguard measures can be extended once for another six months by the Party concerned. However, if extremely exceptional circumstances arise such that a Party seeks further extension of the safeguard measures, it will coordinate in advance with the other Party concerning the implementation of any proposed extension.

(49) Contained in WTO Document negs 268 (Job No[1].8274) dated 19 November 2007.

(50) For the purposes of this paragraph, retransmission within a Party’s territory over a closed and defined subscriber network that is not accessible from outside the Party’s territory does not constitute retransmission on the Internet.

(51) ‘Geographical indication’ in this Sub-section refers to:

(a)

geographical indications, designations of origin, quality wines produced in a specified region and table wines with geographical indication as referred to in Council Regulation (EC) No 510/2006 of 20 March 2006; Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008; Council Regulation (EEC) No 1601/1991 of 10 June 1991; Council Regulation (EC) No 1493/1999 of 17 May 1999; and Council Regulation (EC) No 1234/2007 of 22 October 2007, or provisions replacing these regulations; and

(b)	geographical indications as covered by the Agricultural Products Quality Control Act (Act No. 9759, Jun. 9, 2009) and the Liquor Tax Act (Act No. 8852, Feb. 29, 2008) of Korea.

(52) The protection of a geographical indication under this Sub-section is without prejudice to other provisions in this Agreement.

(53) Wines within the meaning of this Sub-section are products falling under heading 22.04 of the HS and which:

(a)	comply with Council Regulation (EC) 1234/2007 of 22 October 2007, Commission Regulation (EC) 606/2009 of 10 July 2009 and Commission Regulation (EC) 607/2009 of 14 July 2009, or legislation replacing it; or

(b)	comply with the Agricultural Products Quality Control Act (Act No. 9759, Jun. 9, 2009) and the Liquor Tax Act (Act No. 8852, Feb. 29, 2008) of Korea.

(54) Aromatised wines within the meaning of this Sub-section are products falling under heading 22.05 of the HS and which:

(a)	comply with Council Regulation (EEC) No 1601/1991 of 10 June 1991, or legislation replacing it; or

(b)	comply with the Agricultural Products Quality Control Act (Act No. 9759, Jun. 9, 2009) and the Liquor Tax Act (Act No. 8852, Feb. 29, 2008) of Korea.

(55) Spirits within the meaning of this Sub-section are products falling under heading 22.08 of the HS and which:

(a)	comply with Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008, and Commission Regulation (EEC) No 1014/90 of 24 April 1990, or legislation replacing it; or

(b)	comply with the Agricultural Products Quality Control Act (Act No. 9759, Jun. 9, 2009) and the Liquor Tax Act (Act No. 8852, Feb. 29, 2008) of Korea.

(56) For all goods, the term ‘like good’ shall be interpreted in line with Article 23.1 of the TRIPS Agreement relating to the use of a geographical indication identifying wines for wines not originating in the place indicated by the geographical indication in question or identifying spirits for spirits not originating in the place indicated by the geographical indication in question.

(57) If a proposal is made by:

(a)	Korea for an originating product falling into the scope of the legislation of the European Union set out under Article 10.18.2 and footnotes of Article 10.19; or

(b)	the European Union for an originating product falling into the scope of the legislation of Korea set out under Article 10.18.1 and footnotes of Article 10.19,

to add a name of origin to this Agreement which has been recognised by either Party as a geographical indication within the meaning of Article 22.1 of the TRIPS Agreement through laws of either Party other than those referred to in Articles 10.18.1 and 10.18.2 and footnotes of Article 10.19, the Parties agree to examine whether the geographical indication can be added to this Agreement pursuant to this Sub-section.

(58) This refers to the modification of the geographical indication as such, including the name and product category. Modifications of specifications as referred to in Articles 10.18.3 and 10.18.4 or modifications of the responsible control bodies as referred to in Article 10.18.6(d) remain the sole responsibility of the Party where a geographical indication originates. Such modifications may be communicated for information purposes.

(59) A decision to cease protection of a geographical indication remains the sole responsibility of the Party where the geographical indication originates.

(60) Korea considers designs not to be new if an identical or similar design has been publicly known or publicly worked before the application for design registration is filed. Korea considers designs not to be original if they could have been easily created from the combinations of designs that have been publicly known or publicly worked before the application for design registration is filed. The European Union considers designs not to be new if an identical design has been made available to the public before the filing date of a registered design or before the date of disclosure of an unregistered design. The European Union considers design not to have individual character if the overall impression it produces on the informed users does not differ from the overall impression produced on such a user by any design which has been made available to the public.

(61) For the purposes of this Article, the European Union and Korea consider that ‘unregistered design’ and ‘unregistered appearance’ have a similar meaning. The conditions for protection of ‘unregistered design’ or ‘unregistered appearance’ are provided for:

(a)	by Korea in the Unfair Competition Prevention and Trade Secret Protection Act (Act No. 8767, Dec. 21, 2007); and

(b)	by the European Union 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.

(62) For the purposes of this Article, the European Union considers ‘presenting’ as ‘offering’ or ‘putting on the market’ and Korea considers ‘presenting’ as ‘assigning, leasing or exhibition for assigning or leasing’.

(63) The protection of a design under the law of copyright is not granted automatically, but granted only if a design qualifies for protection in accordance with the law of copyright.

(64) As defined in Annex 2-D (Pharmaceutical Products and Medical Devices).

(65) Plant protection products, in the form in which they are supplied to the user, consist of or contain active substances, safeners or synergists, and are intended for one of the following uses:

(a)	protecting plants or plant products against all harmful organisms or preventing the action of such organisms, unless the main purpose of these products is considered to be for reasons of hygiene rather than for the protection of plants or plant products;

(b)	influencing the life processes of plants, such as substances influencing their growth, other than as a nutrient;

(c)	preserving plant products, in so far as such substances or products are not subject to the European Union’s special provisions on preservatives;

(d)	destroying undesired plants or parts of plants, except algae unless the products are applied on soil or water to protect plants; or

(e)	checking or preventing undesired growth of plants, except algae unless the products are applied on soil or water to protect plants.

(66) This is without prejudice to a possible extension for paediatric use, if provided for by the Parties.

(67) As defined in Annex 2-D (Pharmaceutical Products and Medical Devices).

(68) As defined in Article 10.2.2(a) through (h).

(69) For the purposes of this paragraph, the scope of ‘intermediary’ is determined in each Party’s legislation, but shall include those who deliver or distribute infringing goods, and also where appropriate, include online service providers.

(70) For the purposes of this paragraph, the scope of ‘intermediary’ is determined in each Party’s legislation, but shall include those who deliver or distribute infringing goods, and also where appropriate, include online service providers.

(71) The term ‘related rights’ is defined by each Party in accordance with its international obligations.

(72) For the purposes of the function referred to in Article 10.63, service provider means a provider of transmission, routing, or connections for digital online communications without modification of their content between or among points specified by the user of material of the user’s choosing, and for the purpose of the functions referred to in Articles 10.64 and 10.65 service provider means a provider or operator of facilities for online services or network access.

(73) It is understood that there shall be no obligation to apply such procedures to imports of goods put on the market in another country by or with the consent of the right holder.

(74) ‘customs transit, transhipment and placement under a free zone’ as defined in the Kyoto Convention.

(75) For Korea, ‘placement under a suspensive procedure’ includes temporary importation and bonded factory. For the European Union, ‘placement under a suspensive procedure’ includes temporary importation, inward processing and processing under customs control.

(76) For the purposes of this Article, goods infringing an intellectual property right means:

(a)

counterfeit goods, which are:

(i)	goods, including packaging, bearing without authorisation a trademark identical to the trademark duly registered in respect of the same type of goods, or which cannot be distinguished in its essential aspects from such a trademark, and which thereby infringes the trademark holder’s rights;

(ii)	any trademark symbol (logo, label, sticker, brochure, instructions for use or guarantee document), even if presented separately, on the same conditions as the goods referred to in subparagraph (a)(i); or

(iii)

packaging materials bearing the trademarks of counterfeit goods, presented separately, on the same conditions as the goods referred to in subparagraph (a)(i);

(b)	pirated copyright goods, which are or contain copies made without the consent of the right holder, or of a person duly authorised by the right holder in the country of production, of a copyright or related right, regardless of whether it is registered in each Party’s legislation; or

(c)

goods which, according to the legislation of the Party in which the application for customs action is made, infringe:

(i)

a patent;

(ii)	a plant variety right;

(iii)

a registered design; or

(iv)	a geographical indication.

(77) Including at least the person who is the owner of the goods or the person who has a similar right of disposal over them.

(78) The application of this Article to concerted practices is determined by each Party’s competition laws.

(79) Special rights are granted by a Party when it designates or limits to two or more the number of enterprises authorised to provide goods or services, other than according to objective, proportional and non-discriminatory criteria, or confers on enterprises legal or regulatory advantages which substantially affect the ability of any other enterprise to provide the same goods or services.

(80) Discriminatory measure means a measure which does not comply with national treatment, as set out in the relevant provisions of this Agreement, including the terms and conditions set out in the relevant Annexes thereto.

(81) The Parties hereby agree that this Article applies to subsidies received only after the date when this Agreement enters into force.

(82) For the purposes of this Agreement, subsidies for small and medium-sized enterprises granted in accordance with objective criteria or conditions as provided for in Article 2.1 (b) and footnote 2 attached thereto of the SCM Agreement shall not be subject to this Article.

(83) International trade of the Parties comprises both domestic and exports markets.

(84) When labour is referred to in this Chapter, it includes the issues relevant to the Decent Work Agenda as agreed on in the International Labour Organisation (hereinafter referred to as the ‘ILO’) and in the 2006 Ministerial Declaration of the UN Economic and Social Council on Full Employment and Decent Work.

(85) UNFCCC Decision-1/CP.13 adopted by the thirteenth session of the Conference of the Parties to the United Nations Framework Convention on Climate Change.

(86) For disputes relating to the Protocol on Cultural Cooperation all references in this Chapter to the Trade Committee shall be understood as referring to the Committee on Cultural Cooperation.

(87) Seasonal goods are goods whose imports, over a representative period, are not spread over the whole year but concentrated on specific times of the year as a result of seasonal factors.

(88) As set out in the Protocol on Cultural Cooperation, the Trade Committee shall have no jurisdiction over the Protocol and the Committee on Cultural Cooperation shall exercise all functions of the Trade Committee as regards that Protocol, where such functions are relevant for the purposes of implementing that Protocol.

LIST OF ANNEXES

Annex 1 to Chapter One	Intentionally left blank
Annex 2-A to Chapter Two	Elimination of customs duties
Annex 2-B to Chapter Two	Electronics
Annex 2-C to Chapter Two	Motor vehicles and parts
Annex 2-D to Chapter Two	Pharmaceutical products and medical devices
Annex 2-E to Chapter Two	Chemicals
Annex 3 to Chapter Three	Agricultural safeguard measures
Annex 4 to Chapter Four	TBT coordinator
Annex 5 to Chapter Five	Intentionally left blank
Annex 6 to Chapter Six	Intentionally left blank
Annex 7-A to Chapter Seven	Lists of commitments
Annex 7-B to Chapter Seven	MFN treatment exemption
Annex 7-C to Chapter Seven	List of MFN exemptions
Annex 7-D to Chapter Seven	The additional commitment on financial services
Annex 8 to Chapter Eight	Intentionally left blank
Annex 9 to Chapter Nine	BOT contracts and public works concessions
Annex 10-A to Chapter Ten	Geographical indications for agricultural products and foodstuffs
Annex 10-B to Chapter Ten	Geographical indications for wines, aromatised wines and spirits
Annex 11 to Chapter Eleven	Intentionally left blank
Annex 12 to Chapter Twelve	Intentionally left blank
Annex 13 to Chapter Thirteen	Cooperation on trade and sustainable development
Annex 14-A to Chapter Fourteen	Mediation mechanism for non-tariff measures
Annex 14-B to Chapter Fourteen	Rules of procedure for arbitration
Annex 14-C to Chapter Fourteen	Code of conduct for members of arbitration panels and mediators
Annex 15 to Chapter 15	Intentionally left blank

ANNEX 1

Intentionally left blank

ANNEX 2-A

ELIMINATION OF CUSTOMS DUTIES

Except as otherwise provided in a Party’s Schedule included in this Annex, the following staging categories apply to the elimination of customs duties by each Party pursuant to Article 2.5.1:

(a)	customs duties on originating goods provided for in the items in staging category ‘0’ in a Party’s Schedule shall be eliminated entirely and such goods shall be free of any customs duty on the date this Agreement enters into force;

(b)	customs duties on originating goods provided for in the items in staging category ‘2’ in a Party’s Schedule shall be removed in three equal annual stages beginning on the date this Agreement enters into force, and such goods shall thereafter be free of any customs duty;

(c)	customs duties on originating goods provided for in the items in staging category ‘3’ in a Party’s Schedule shall be removed in four equal annual stages beginning on the date this Agreement enters into force, and such goods shall thereafter be free of any customs duty (1);

(d)	customs duties on originating goods provided for in the items in staging category ‘5’ in a Party’s Schedule shall be removed in six equal annual stages beginning on the date this Agreement enters into force, and such goods shall thereafter be free of any customs duty;

(e)	customs duties on originating goods provided for in the items in staging category ‘6’ in a Party’s Schedule shall be removed in seven equal annual stages beginning on the date this Agreement enters into force, and such goods shall thereafter be free of any customs duty;

(f)	customs duties on originating goods provided for in the items in staging category ‘7’ in a Party’s Schedule shall be removed in eight equal annual stages beginning on the date this Agreement enters into force, and such goods shall thereafter be free of any customs duty;

(g)	customs duties on originating goods provided for in the items in staging category ‘10’ in a Party’s Schedule shall be removed in 11 equal annual stages beginning on the date this Agreement enters into force, and such goods shall thereafter be free of any customs duty;

(h)	customs duties on originating goods provided for in the items in staging category ‘12’ in a Party’s Schedule shall be removed in 13 equal annual stages beginning on the date this Agreement enters into force, and such goods shall thereafter be free of any customs duty;

(i)	customs duties on originating goods provided for in the items in staging category ‘13’ in a Party’s Schedule shall be removed in 14 equal annual stages beginning on the date this Agreement enters into force, and such goods shall thereafter be free of any customs duty;

(j)	customs duties on originating goods provided for in the items in staging category ‘15’ in a Party’s Schedule shall be removed in 16 equal annual stages beginning on the date this Agreement enters into force, and such goods shall thereafter be free of any customs duty;

(k)	customs duties on originating goods provided for in the items in staging category ‘18’ in a Party’s Schedule shall be removed in 19 equal annual stages beginning on the date this Agreement enters into force, and such goods shall thereafter be free of any customs duty;

(l)	customs duties on originating goods provided for in the items in staging category ‘20’ in a Party’s Schedule shall be removed in 21 equal annual stages beginning on the date this Agreement enters into force, and such goods shall thereafter be free of any customs duty;

(m)

customs duties on originating goods provided for in the items in staging category ‘10-A’ in a Party’s Schedule shall be reduced by five percent of the base rate on the date this Agreement enters into force. Customs duties shall be reduced by an additional five percent of the base rate on the first day of year three, by an additional seven percent of the base rate on the first day of year four, and by an additional seven percent of the base rate each year thereafter through year six. Customs duties shall be reduced by an additional 10 percent of the base rate on the first day of year seven and by an additional 10 percent of the base rate on the first day of year eight. Customs duties shall be reduced by an additional 12 percent on the first day of year nine, by an additional 17 percent of the base rate on the first day of year 10, and by an additional 20 percent of the base rate on the first day of year 11, and such goods shall thereafter be free of any customs duty;

(n)

customs duties on originating goods provided for in the items in staging category ‘10-B’ in a Party’s Schedule shall be reduced to 20 percent ad valorem on the date this Agreement enters into force and remain at 20 percent ad valorem through year two. Beginning on the first day of year three, customs duties shall be removed in nine equal annual stages, and such goods shall thereafter be free of any customs duty;

(o)

customs duties on originating goods provided for in the items in staging category ‘12-A’ in a Party’s Schedule shall remain at base rates during years one through nine. Beginning on the first day of year 10, customs duties shall be removed in four equal annual stages, and such goods shall thereafter be free of any customs duty;

(p)

customs duties on originating goods provided for in the items in staging category ‘16-A’ in a Party’s Schedule shall be reduced to 30 percent ad valorem in 16 equal annual stages beginning on the date this Agreement enters into force, and such goods shall be free of any customs duty, effective on the first day of year 17 and thereafter;

(q)

customs duties on originating goods provided for in the items in staging category ‘S-A’ shall be subject to the following provisions:

(i)	for goods entered into Korea from 1 May through 15 October, customs duties shall be removed in 18 equal annual stages beginning on the date this Agreement enters into force, and such goods shall thereafter be free of any customs duty; and

(ii)

for goods entered into Korea from 16 October through 30 April, customs duties shall be reduced to 24 percent ad valorem on the date this Agreement enters into force and remain at 24 percent ad valorem through year two. Beginning on the first day of year three, customs duties shall be removed in four equal annual stages, and such goods shall thereafter be free of any customs duty;

(r)

customs duties on originating goods provided for in the items in staging category ‘S-B’ shall be subject to the following provisions:

(i)	for goods entered into Korea from 1 September through the end of February, customs duties shall remain at base rates; and

(ii)

for goods entered into Korea from 1 March through 31 August, customs duties shall be reduced to 30 percent ad valorem on the date this Agreement enters into force and remain at 30 percent ad valorem through year two. Beginning on the first day of year three, customs duties shall be removed in six equal annual stages, and such goods shall thereafter be free of any customs duty;

(s)	customs duties on originating goods provided for in the items in staging category ‘E’ shall remain at base rates;

(t)

no obligations regarding customs duties in this Agreement shall apply with respect to items in staging category ‘X’. Nothing in this Agreement shall affect Korea’s rights and obligations with respect to its implementation of the commitments set out in the WTO document WT/Let/492 (Certification of Modifications and Rectifications to Schedule LX-Republic of Korea) dated 13 April 2005 and any amendments thereto.

The base rate of customs duty and staging category for determining the interim rate of customs duty at each stage of reduction for an item are indicated for the item in each Party’s Schedule.

Rates of customs duties in the interim stages shall be rounded down, at least to the nearest 10th of a percentage point, or, if the rate of customs duty is expressed in monetary units, at least to the nearest 10th of one euro cent in the case of the EU Party and the nearest Korean won in the case of Korea.

For the purposes of this Annex and a Party’s Schedule, each annual reduction shall take effect on the first day of the relevant year, as defined in paragraph 5.

For the purposes of this Annex and Appendix 2-A-1:

(a)	year one means the 12-month period beginning on the date this Agreement enters into force;

(b)	year two means the 12-month period beginning on the first anniversary of the entry into force of this Agreement;

(c)	year three means the 12-month period beginning on the second anniversary of the entry into force of this Agreement;

(d)	year four means the 12-month period beginning on the third anniversary of the entry into force of this Agreement;

(e)	year five means the 12-month period beginning on the fourth anniversary of the entry into force of this Agreement;

(f)	year six means the 12-month period beginning on the fifth anniversary of the entry into force of this Agreement;

(g)	year seven means the 12-month period beginning on the sixth anniversary of the entry into force of this Agreement;

(h)	year eight means the 12-month period beginning on the seventh anniversary of the entry into force of this Agreement;

(i)	year nine means the 12-month period beginning on the eighth anniversary of the entry into force of this Agreement;

(j)	year 10 means the 12-month period beginning on the ninth anniversary of the entry into force of this Agreement;

(k)	year 11 means the 12-month period beginning on the 10th anniversary of the entry into force of this Agreement;

(l)	year 12 means the 12-month period beginning on the 11th anniversary of the entry into force of this Agreement;

(m)	year 13 means the 12-month period beginning on the 12th anniversary of the entry into force of this Agreement;

(n)	year 14 means the 12-month period beginning on the 13th anniversary of the entry into force of this Agreement;

(o)	year 15 means the 12-month period beginning on the 14th anniversary of the entry into force of this Agreement;

(p)	year 16 means the 12-month period beginning on the 15th anniversary of the entry into force of this Agreement;

(q)	year 17 means the 12-month period beginning on the 16th anniversary of the entry into force of this Agreement;

(r)	year 18 means the 12-month period beginning on the 17th anniversary of the entry into force of this Agreement;

(s)	year 19 means the 12-month period beginning on the 18th anniversary of the entry into force of this Agreement;

(t)	year 20 means the 12-month period beginning on the 19th anniversary of the entry into force of this Agreement; and

(u)	year 21 means the 12-month period beginning on the 20th anniversary of the entry into force of this Agreement.

TARIFF SCHEDULE OF KOREA

General notes

Relation to the Harmonised Tariff Schedule of Korea (HSK). The provisions of this Schedule are generally expressed in terms of the HSK, and the interpretation of the provisions of this Schedule, including the product coverage of subheadings of this Schedule, shall be governed by the General Notes, Section Notes and Chapter Notes of the HSK. To the extent that provisions of this Schedule are identical to the corresponding provisions of the HSK, the provisions of this Schedule shall have the same meaning as the corresponding provisions of the HSK.

2.	Base Rates of Customs Duty. The base rates of customs duty set out in this Schedule reflect the Korean Customs Duty Most-Favoured-Nation rates of duty in effect on 6 May 2007.

Tariff schedule of Korea

HSK 2007

Description

Base rate

Staging category

Safeguard

0101101000

Horses (for farm breeding)

0101109000

Other

0101901010

Horses for racing

0101901090

Other

0101909000

Other

0102101000

Milch cows

89,1

0102102000

Beef cattle

89,1

0102109000

Other

89,1

0102901000

Milch cows

0102902000

Beef cattle

0102909000

Other

0103100000

Pure-bred breeding animals

0103910000

Weighing less than 50 kg

0103920000

Weighing 50 kg or more

0104101000

Pure-bred breeding animals

0104109000

Other

0104201000

Milch goats

0104209000

Other

0105111000

Pure-bred breeding animals

0105119000

Other

0105120000

Turkeys

0105191010

Pure-bred breeding animals

0105191090

Other

0105199000

Other

0105941000

Pure-bred breeding animals

0105949000

Other

0105991010

Pure-bred breeding animals

0105991090

Other

0105992000

Turkeys

0105999000

Other

0106110000

Primates

0106120000

Whales, dolphins and porpoises (mammals of the order Cetacea); manatees and dugongs (mammals of the order Sirenia)

0106191000

Dogs

0106192010

Pure-bred breeding animals

0106192090

Other

0106193000

Deer

0106194000

Bears

0106195010

Pure-bred breeding animals

0106195090

Other

0106196010

Pure-bred breeding animals

0106196090

Other

0106199000

Other

0106201000

Snakes

0106202000

Fresh-water tortoises

0106203000

Turtles

0106209000

Other

0106310000

Birds of prey

0106320000

Psittaciformes (including parrots, parakeets, macaws and cockatoos)

0106390000

Other

0106901000

Amphibia

0106902010

Honey bees

0106902090

Other

0106903010

Lug worms

0106903020

Yarn earth worms

0106903090

Other

0106909000

Other

0201100000

Carcases and half-carcases

See Annex 3

0201200000

Other cuts with bone in

See Annex 3

0201300000

Boneless

See Annex 3

0202100000

Carcases and half-carcases

See Annex 3

0202200000

Other cuts with bone in

See Annex 3

0202300000

Boneless

See Annex 3

0203110000

Carcases and half-carcases

22,5

0203120000

Hams, shoulders and cuts thereof, with bone in

22,5

0203191000

Streaky pork

22,5

See Annex 3

0203199000

Other

22,5

See Annex 3

0203210000

Carcases and half-carcases

0203220000

Hams, shoulders and cuts thereof, with bone in

0203291000

Streaky pork

0203299000

Other

0204100000

Carcases and half-carcases of lamb, fresh or chilled

22,5

0204210000

Carcases and half-carcases

22,5

0204220000

Other cuts with bone in

22,5

0204230000

Boneless

22,5

0204300000

Carcases and half-carcases of lamb, frozen

22,5

0204410000

Carcases and half-carcases

22,5

0204420000

Other cuts with bone in

22,5

0204430000

Boneless

22,5

0204501000

Fresh or chilled

22,5

0204502000

Frozen

22,5

0205001000

Fresh or chilled

0205002000

Frozen

0206100000

Of bovine animals, fresh or chilled

0206210000

Tongues

0206220000

Livers

0206291000

Tails

0206292000

Feet

0206299000

Other

0206300000

Of swine, fresh or chilled

0206410000

Livers

0206491000

Feet

0206499000

Other

0206800000

Other, fresh or chilled

0206900000

Other, frozen

0207111000

Weighing not more than 550 g

0207119000

Other

0207121000

Weighing not more than 550 g

0207129000

Other

0207131010

Leg

0207131020

Breast

0207131030

Wing

0207131090

Other

0207132010

Liver

22,5

0207132090

Other

0207141010

Leg

0207141020

Breast

0207141030

Wing

0207141090

Other

0207142010

Liver

22,5

0207142090

Other

0207240000

Not cut in pieces, fresh or chilled

0207250000

Not cut in pieces, frozen

0207261000

Cuts

0207262010

Liver

22,5

0207262090

Other

0207271000

Cuts

0207272010

Liver

22,5

0207272090

Other

0207320000

Not cut in pieces, fresh or chilled

0207330000

Not cut in pieces, frozen

0207340000

Fatty livers, fresh or chilled

22,5

0207351000

Cuts

0207352010

Liver

22,5

0207352090

Other

0207361000

Cuts

0207362010

Liver

22,5

0207362090

Other

0208100000

Of rabbits or hares

22,5

0208300000

Of primates

0208400000

Of whales, dolphins and porpoises (mammals of the order Cetacea); of manatees and dugongs (mammals of the order Sirenia)

0208500000

Of reptiles (including snakes and turtles)

0208901000

Of deer

0208909010

Of marine animals

0208909090

Other

0209001000

Pig fat

0209002000

Poultry fat

0210110000

Hams, shoulders and cuts thereof, with bone in

0210120000

Bellies (streaky) and cuts thereof

0210190000

Other

0210201000

Dried or smoked

0210209000

Other

0210910000

Of primates

22,5

0210920000

Of whales, dolphins and porpoises (mammals of the order Cetacea); of manatees and dugongs (mammals of the order Sirenia)

22,5

0210930000

Of reptiles (including snakes and turtles)

22,5

0210991010

Of bovine

22,5

0210991020

Of swine

22,5

0210991030

Of poultry

22,5

0210991090

Other

22,5

0210999010

Meat of sheep or goats

22,5

0210999020

Meat of poultry

22,5

0210999090

Other

22,5

0301101000

Gold carp

0301102000

Tropical fish

0301109000

Other

0301911000

Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae

0301912000

Oncorhynchus apache and Oncorhynchus chrysogaster

0301921000

Glass eel (for aquaculture)

0301929000

Other

30 % or 1 908 won/kg whichever is greater

0301930000

Carp

0301940000

Bluefin tunas (Thunnus thynnus)

0301950000

Southern bluefin tunas (Thunnus maccoyii)

0301992000

Yellow tail

0301994010

Fry (for aquaculture)

0301994090

Other

40 % or 2 781 won/kg whichever is greater

0301995000

Conger eel

0301996000

Sharp toothed eel

0301997000

Salad eel

0301998000

Flat fish

0301999010

True bass

0301999020

Puffers

0301999030

Tilapia

0301999040

Rock fish (including pacific ocean perch)

0301999051

Fry (for aquaculture)

0301999059

Other

0301999060

Mullets

0301999070

Loaches

0301999080

Cat fishes

0301999091

Rock Trout (Hexagrammos spp., Agrammus spp.)

0301999092

Crusian carp

0301999093

Salmon

0301999094

Grass carp

0301999095

Croakers

0301999099

Other

0302111000

Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aquabonita, Oncorhynchus gilae

0302112000

Oncorhynchus apache and Oncorhynchus chrysogaster

0302120000

Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho)

0302190000

Other

0302210000

Halibut (Reinhardtius hippoglossoides, Hippoglossus hippoglossus, Hippoglossus stenolepis)

0302220000

Plaice (Pleuronectes platessa)

0302230000

Sole (Solea spp.)

0302290000

Other

0302310000

Albacore or longfinned tunas (Thunnus alalunga)

0302320000

Yellowfin tunas (Thunnus albacares)

0302330000

Skipjack or stripe-bellied bonito

0302340000

Bigeye tunas (Thunnus obesus)

0302350000

Bluefin tunas (Thunnus thynnus)

0302360000

Southern bluefin tunas (Thunnus maccoyii)

0302390000

Other

0302400000

Herrings (Clupea harengus, Clupea pallasii), excluding livers and roes

0302500000

Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus), excluding livers and roes

0302610000

Sardines (Sardina pilchardus, Sardinops spp.), sardinella(Sardinella spp.), brisling or sprats (Sprattus sprattus)

0302620000

Haddock (Melanogrammus aeglefinus)

0302630000

Coalfish (Pollachius virens)

0302640000

Mackerel (Scomber scombrus, Scomber australasicus, Scomber japonicus)

0302650000

Dogfish and other sharks

0302660000

Eels (Anguilla spp.)

0302670000

Swordfish (Xiphias gladius)

0302680000

Toothfish (Dissostichus spp.)

0302691000

Alaska pollack

0302692000

Yellow tail

0302693000

Hair tail

0302694000

Sea-bream

0302695000

Conger eel

0302696000

Sharp toothed eel

0302697000

Horse mackerel

0302698000

Saury (including horn fish)

0302699010

Chub mackerel

0302699020

Puffers

0302699030

Pomfret

0302699040

Angler (Monkfish)

0302699090

Other

0302701000

Livers

0302702000

Roes

0303110000

Sockeye salmon (red salmon) (Oncorhynchus nerka)

0303190000

Other

0303210000

Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster)

0303220000

Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho)

0303290000

Other

0303310000

Halibut (Reinhardtius hippoglossoides, Hippoglossus hippoglossus, Hippoglossus stenolepis)

0303320000

Plaice (Pleuronectes platessa)

0303330000

Sole (Solea spp.)

0303390000

Other

See paragraph 5 of Appendix 2-A-1

0303410000

Albacore or longfinned tunas (Thunnus alalunga)

0303420000

Yellowfin tunas (Thunnus albacares)

0303430000

Skipjack or stripe-bellied bonito

0303440000

Bigeye tunas (Thunnus obesus)

0303450000

Bluefin tunas (Thunnus thynnus)

0303460000

Southern bluefin tunas (Thunnus maccoyii)

0303490000

Other

0303510000

Herrings (Clupea harengus, Clupea pallasii)

0303520000

Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus)

0303610000

Swordfish (Xiphias gladius)

0303620000

Toothfish (Dissostichus spp.)

0303710000

Sardines (Sardina pilchardus, Sardinops spp.), sardinella (Sardinella spp.), brisling or sprats (Sprattus sprattus)

0303720000

Haddock (Melanogrammus aeglefinus)

0303730000

Coalfish (Pollachius virens)

0303740000

Mackerel (Scomber scombrus, Scomber australasicus, Scomber japonicus)

12-A

0303750000

Dogfish and other sharks

0303760000

Eels (Anguilla spp.)

0303770000

Sea bass (Dicentrarchus labrax, Dicentrarchus punctatus)

0303780000

Hake (Merluccius spp., Urophycis spp.)

0303791000

Alaska pollack

0303792000

Sable fish

0303793000

Hair tail

0303794010

Red horsehead fish (Branchiostegus Japonicus)

0303794090

Other

0303795000

Conger eel

0303796000

Yellow corvina

0303797000

Horse mackerel

0303798000

Saury (including horn fish)

0303799010

Chub mackerel

0303799020

Puffers

0303799030

White sea smelt

0303799040

Thorny head

0303799050

John dory

0303799060

Atka mackerel

0303799070

Rock fish (including pacific ocean perch)

10-A

0303799080

Whip tail or hoki

0303799091

Angler (Monkfish)

0303799092

Hagfish (Pacific, Atlantic)

0303799093

Skate

0303799094

Milk fish

0303799095

Croakers

0303799096

Ray

0303799097

Sand lance

0303799098

Toothfish, other than Dissostichus spp.

0303799099

Other

0303801000

Livers

0303802010

Of alaska pollack

0303802090

Other

0304111000

Fillets

0304112000

Fish surimi

0304119000

Other

0304121000

Fillets

0304122000

Fish surimi

0304129000

Other

0304191010

Fillets

0304191020

Fish surimi

0304191090

Other

0304192010

Fillets

0304192020

Fish surimi

0304192090

Other

0304193010

Fillets

0304193020

Fish surimi

0304193090

Other

0304199010

Fillets

0304199020

Fish surimi

0304199090

Other

0304210000

Swordfish (Xiphias gladius)

0304220000

Toothfish (Dissostichus spp.)

0304291000

Of alaska pollack

0304292000

Of conger-eel

0304293000

Of cod

0304294000

Of plaice

0304295000

Of bluefin tunas

0304296000

Of toothfish, other than Dissostichus spp.

0304297000

Of tilapia

0304298000

Of file fish

0304299000

Other

0304911000

Frozen fish surimi

0304919000

Other

0304921000

Frozen fish surimi

0304929000

Other

0304991010

Frozen fish surimi

0304991090

Other

0304999010

Frozen fish surimi

0304999090

Other

0305100000

Flours, meals and pellets of fish, fit for human consumption

0305201000

Livers

0305202000

Roes, dried

0305203000

Roes, smoked

0305204010

Of alaska pollack

0305204020

Of yellow corvina

0305204030

Of herrings

0305204090

Other

0305301000

Dried

0305302000

Salted or in brine

0305410000

0305420000

Herrings (Clupea harengus, Clupea pallasii)

0305491000

Anchovies

0305492000

Alaska pollack

0305499000

Other

0305510000

Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus)

0305591000

Sharks’ fins

0305592000

Anchovy

0305593000

Alaska pollack

0305594000

Yellow corvina

0305595000

Puffers

0305596000

Sharp toothed eel

0305597000

Sand lance

0305598000

Blenny or gunnel, including juvenile white bait

0305599000

Other

0305610000

Herrings (Clupea harengus, Clupea pallasii)

0305620000

Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus)

0305631000

Salt fermented anchovy

0305639000

Other

0305691000

Salmon

0305692000

Trout

0305693000

Hair tail

0305694000

Sardines

0305695000

Mackerel

0305696000

Yellow corvina

0305697000

Horse mackerel

0305698000

Saury (including horn fish)

0305699000

Other

0306110000

Rock lobster and other sea crawfish (Palinurus spp., panulirus spp., Jasus spp.)

0306120000

Lobsters (Homarus spp.)

0306131000

Peeled

0306139000

Other

0306141000

Crab meat

0306142000

King crabs

0306143000

Blue crab

0306149000

Other

0306190000

Other, including flours, meals and pellets of crustaceans, fit for human consumption

0306210000

Rock lobster and other sea crawfish (Palinurus spp., panulirus spp., Jasus spp.)

0306220000

Lobsters (Homarus spp.)

0306231000

Live, fresh or chilled

0306232000

Dried

0306233000

Salted or in brine

50 % or 363 won/kg whichever is greater

0306241010

Blue crab

0306241020

Snow crab

0306241090

Other

0306242000

Dried

0306243000

Salted or in brine

0306291000

Live, fresh or chilled

0306292000

Dried

0306293000

Salted or in brine

0307101011

For seed

0307101019

Other

0307101090

Other

0307102000

Frozen

0307103000

Dried

0307104000

Salted or in brine

0307210000

Live, fresh or chilled

0307291000

Frozen

0307292000

Dried

0307293000

Salted or in brine

0307310000

Live, fresh or chilled

0307391000

Frozen

0307392000

Dried

0307399000

Other

0307411000

Cuttle fish

0307412000

Squid

0307491010

Cuttle fish

0307491020

Squid

0307492000

Salted or in brine

0307493000

Dried

0307511000

Poulp squid

0307512000

Webfoot Octopus

0307519000

Other

0307591010

Octopus

0307591020

Poulp squid

0307591030

Webfoot octopus

0307591090

Other

0307592000

Dried

0307599000

Other

0307600000

Snails, other than sea snails

0307911110

Hard clam spat

0307911190

Other

0307911200

Abalone

0307911300

Top shells

0307911410

For seed

0307911490

Other

0307911510

For seed

0307911590

Other

0307911600

Cockles

0307911700

Adductors of shell fish

0307911800

Baby clams

0307911910

Marsh clams

0307911990

Other

0307919010

Sea-urchins

0307919020

Sea-cucumbers

0307919031

For seed

0307919039

Other

0307919040

Jelly fish

0307919090

Other

0307991110

Cockles

0307991120

Hen clams

0307991130

Baby clams

0307991140

Adductors of shell fish

0307991150

Ark shells

0307991160

Top shells (frozen)

0307991190

Other

0307991910

Sea-cucumbers

0307991920

Sea-squirts

0307991990

Other

0307992110

Hen clams

0307992120

Adductors of shell fish

0307992130

Baby clams

0307992190

Other

0307992920

Sea-cucumbers

0307992930

Sea-squirts

0307992990

Other

0307993110

Hen clams

0307993120

Baby clams

0307993130

Top shells (salted or brine)

0307993190

Other

0307993910

Sea-urchins

0307993920

Sea-cucumbers

0307993930

Jelly fish

0307993990

Other

0401100000

Of a fat content, by weight, not exceeding 1 %

0401200000

Of a fat content, by weight, exceeding 1 % but not exceeding 6 %

0401301000

Frozen cream

0401309000

Other

0402101010

Skim milk powder

176

See paragraph 6 of Appendix 2-A-1

0402101090

Other

176

See paragraph 6 of Appendix 2-A-1

0402109000

Other

176

See paragraph 6 of Appendix 2-A-1

0402211000

Whole milk powder

176

See paragraph 6 of Appendix 2-A-1

0402219000

Other

176

See paragraph 6 of Appendix 2-A-1

0402290000

Other

176

See paragraph 6 of Appendix 2-A-1

0402911000

Evaporated milk

See paragraph 6 of Appendix 2-A-1

0402919000

Other

See paragraph 6 of Appendix 2-A-1

0402991000

Sweetened evaporated milk

See paragraph 6 of Appendix 2-A-1

0402999000

Other

See paragraph 6 of Appendix 2-A-1

0403101000

Fluid

0403102000

Frozen

0403109000

Other

0403901000

Butter milk

See paragraph 6 of Appendix 2-A-1

0403902000

Curdled milk and cream

0403903000

Kephir

0403909000

Other fermented or acidified milk and cream

0404101010

Whey powder

49,5

–	For feeding

49,5

–

Other

49,5

See paragraph 7 of Appendix 2-A-1

0404101090

Other

49,5

–	For feeding

49,5

–

Other

49,5

See paragraph 7 of Appendix 2-A-1

0404102110

Lactose removed

49,5

–	For feeding

49,5

–

Other

49,5

See paragraph 7 of Appendix 2-A-1

0404102120

Demineralised

49,5

–	For feeding

49,5

–

Other

49,5

See paragraph 7 of Appendix 2-A-1

0404102130

Whey protein concentrates

49,5

–	For feeding

49,5

–

Other

49,5

See paragraph 7 of Appendix 2-A-1

0404102190

Other

49,5

–	For feeding

49,5

–

Other

49,5

See paragraph 7 of Appendix 2-A-1

0404102900

Other

49,5

–	For feeding

49,5

–

Other

49,5

See paragraph 7 of Appendix 2-A-1

0404900000

Other

0405100000

Butter

See paragraph 8 of Appendix 2-A-1

0405200000

Dairy spreads

0405900000

Other

See paragraph 8 of Appendix 2-A-1

0406101000

Fresh cheese

See paragraph 9 of Appendix 2-A-1

0406102000

Curd

0406200000

Grated or powdered cheese, of all kinds

See paragraph 9 of Appendix 2-A-1

0406300000

Processed cheese, not grated or powdered

See paragraph 9 of Appendix 2-A-1

0406400000

Blue-veined cheese and other cheese containing veins produced by Penicillium roqueforti

0406900000

Other cheese

–

Cheddar

See paragraph 9 of Appendix 2-A-1

–

Other

See paragraph 9 of Appendix 2-A-1

0407001010

Pure-bred breeding eggs

0407001090

Other

0407009000

Other

0408110000

Dried

0408190000

Other

0408910000

Dried

0408991000

Of fowls of the species Gallus domesticus

41,6

0408999000

Other

0409000000

Natural honey

243 % or 1 864 won/kg, whichever is the greater

See paragraph 10 of Appendix 2-A-1

0410001000

Turtles’ eggs

0410002000

Salanganes’ nests

0410003000

Royal jelly

0410009000

Other

0501000000

Human hair, unworked, whether or not washed or scoured; waste of human hair.

0502100000

Pigs’, hogs’ or boars’ bristles and hair and waste thereof

0502902000

Goat hair

0502909000

Other

0504001010

Of bovine

0504001090

Other

0504002000

Bladders

0504003000

Stomachs

0505100000

Feathers of a kind used for stuffing; down

0505901000

Powder of feathers

0505909000

Other

0506100000

Ossein and bones treated with acid

0506901010

Of tigers

0506901020

Of bovine animals

0506901090

Other

0506902000

Powder of bones

25,6

0506909000

Other

0507101000

Ivory of elephant

0507102000

Rhinoceros horns

0507109000

Other

0507901110

In whole

0507901190

Other

0507901200

Antlers

0507902010

Tortoise shells and plates

0507902020

Whalebone and whalebone hair

0507902030

Pangolin shells and scales

0507902040

Hooves and claws (including nails)

0507902090

Other

0508001000

Coral

0508002010

Mother of pearl shells

0508002020

Abalone shells

0508002030

Oyster shells

0508002040

Snail shells

0508002050

Trocus shells

0508002060

Agaya shells

0508002070

Fresh water shells (Megalonaiasnervosa, Amblemaplicata, Quadrula quadrula spp.)

0508002090

Other

0508009000

Other

0510001000

Ambergris

0510002000

Castoreum

0510003000

Musk

0510004000

Gallstone

0510005000

Pteropi faeces

0510009010

Pancreas

0510009020

Bile

0510009030

Gecko

0510009090

Other

0511100000

Bovine semen

0511911010

Brine shrimp eggs

0511911090

Other

0511912000

Fish waste

0511919000

Other

0511991000

Animal blood

0511992010

Swine semen

0511992090

Other

0511993010

Of bovine

0511993020

Of swine

0511993090

Other

0511994000

Sinews and tendons

0511995011

Dressed

0511995019

Other

0511995020

Horsehair waste

0511996000

Natural sponges of animal origin

0511999010

Silkworm eggs

0511999020

Chrysalis of silk worm

0511999030

Dead animals, other than products of dead animals of Chapter 3

0511999040

Paring and similar waste of rawhides or skins

0511999090

Other

0601101000

Of tulips

0601102000

Of lilies

0601103000

Of dahlias

0601104000

Of hyacinthus

0601105000

Of gladiolus

0601106000

Of iris

0601107000

Of freesias

0601108000

Of narcissus

0601109000

Other

0601201000

Of tulips

0601202000

Of lilies

0601203000

Of dahlias

0601204000

Of hyacinthus

0601205000

Of gladiolus

0601206000

Chicory plants and roots

0601207000

Of iris

0601208000

Of freesias

0601209010

Of narcissus

0601209090

Other

0602101000

Of fruit trees

0602109000

Other

0602201000

Apple trees

0602202000

Pear trees

0602203000

Peach trees

0602204000

Grape vines

0602205000

Persimmon trees

0602206000

Citrus trees

0602207010

Chestnut trees

0602207020

Walnut trees

0602207030

Korean pine trees

0602209000

Other

0602300000

Rhododendrons and azaleas, grafted or not

0602400000

Roses, grafted or not

0602901010

Orchids or orchises

0602901020

Carnations

0602901030

Guzmania empire

0602901040

Gypsophilas

0602901050

Chrysanthemums

0602901060

Cactus

0602901090

Other

0602902011

For bonsai

0602902019

Other

0602902020

Larch trees

0602902030

Cryptomeria

0602902040

Japanese cypress

0602902050

Rigi-taeda

0602902061

For bonsai

0602902069

Other

0602902071

For bonsai

0602902079

Other

0602902081

For bonsai

0602902089

Other

0602902091

For bonsai

0602902099

Other

0602909010

Peony trees

0602909020

Camellia trees

0602909030

Mulberry trees

0602909040

Mushroom spawn

0602909090

Other

0603110000

Roses

0603120000

Carnations

0603131000

Cymbidiums

0603132000

Phalaenopsis

0603139000

Other

0603140000

Chrysanthemums

0603191000

Tulips

0603192000

Gladiolus

0603193000

Lilies

0603194000

Gypsophila

0603199000

Other

0603900000

Other

0604100000

Mosses and lichens

0604911010

Leaves of ginkgos

0604911090

Other

0604919000

Other

0604990000

Other

0701100000

For seed

304

0701900000

Other

304

0702000000

Tomatoes, fresh or chilled.

0703101000

Onions

135 % or 180 won/kg, whichever is the greater

0703102000

Shallots

0703201000

Peeled

360 % or 1 800 won/kg, whichever is the greater

0703209000

Other

360 % or 1 800 won/kg, whichever is the greater

0703901000

Leeks

0703909000

Other

0704100000

Cauliflowers and headed broccoli

0704200000

Brussels sprouts

0704901000

Cabbages

0704902000

Chinese cabbages

0704909000

Other

0705110000

Cabbage lettuce (head lettuce)

0705190000

Other

0705210000

Witloof chicory (Cichorium intybus var. foliosum)

0705290000

Other

0706101000

Carrots

30 % or 134 won/kg, whichever is the greater

0706102000

Turnips

0706901000

Radishes

0706902000

Wasabi and horseradishes

0706903000

Codonopsis

0706904000

Platycodon grandiflorum

0706909000

Other

0707000000

Cucumbers and gherkins, fresh or chilled.

0708100000

Peas (Pisum sativum)

0708200000

Beans (Vigna spp., Phaseolus spp.)

0708900000

Other leguminous vegetables

0709200000

Asparagus

0709300000

Aubergines (egg-plants)

0709400000

Celery other than celeriac

0709517000

Cultivated mushrooms (Agaricus bisporus)

0709519000

Other

0709591000

Pine mushrooms

0709592000

Oak mushrooms

45 % or 1 625 won/kg whichever is greater

0709593000

Ling chiu mushrooms

0709594000

Oyster mushrooms

0709595000

Winter mushrooms

0709596000

Truffles

0709599000

Other

0709601000

Sweet peppers (bell type)

270 % or 6 210 won/kg, whichever is the greater

0709609000

Other

270 % or 6 210 won/kg, whichever is the greater

0709700000

Spinach, New Zealand spinach and orache spinach (garden spinach)

0709901000

Bracken

0709902000

Flowering ferns

0709903000

Pumpkins

0709909000

Other

0710100000

Potatoes

0710210000

Peas (Pisum sativum)

0710220000

Beans (Vigna spp., Phaseolus spp.)

0710290000

Other

0710300000

Spinach, New Zealand spinach and orache spinach (garden spinach)

0710400000

Sweet corn

0710801000

Onions

0710802000

Garlic

0710803000

Bamboo shoots

0710804000

Carrots

0710805000

Bracken

0710806000

Pine mushrooms

0710807000

Fruits of the genus Capsicum or of the genus Pimenta

0710809000

Other

0710900000

Mixtures of vegetables

0711200000

Olives

0711400000

Cucumbers and gherkins

0711510000

Mushrooms of the genus Agaricus

0711591000

Truffles

0711599000

Other

0711901000

Garlic

360 % or 1 800 won/kg, whichever is the greater

0711903000

Bamboo shoots

0711904000

Carrots

0711905010

Bracken

0711905020

Flowering ferns

0711905091

Fruits of the genus capsicum or of the genus pimenta

270 % or 6 210 won/kg, whichever is the greater

0711905099

Other

0711909000

Mixtures of vegetables

0712200000

Onions

135 % or 180 won/kg, whichever is the greater

0712311000

Cultivated mushrooms (Agaricus bisporus)

0712319000

Other

30 % or 1 218 won/kg, whichever is the greater

0712320000

Wood ears (Auricularia spp.)

30 % or 1 218 won/kg, whichever is the greater

0712330000

Jelly fungi (Tremella spp.)

30 % or 1 218 won/kg, whichever is the greater

0712391010

Pine mushrooms

0712391020

Oak mushrooms

45 % or 1 625 won/kg whichever is greater

0712391030

Ling chiu mushrooms

30 % or 842 won/kg, whichever is the greater

0712391040

Oyster mushrooms

0712391050

Winter mushrooms

0712391090

Other

30 % or 1 218 won/kg, whichever is the greater

0712392000

Truffles

0712901000

Garlic

360 % or 1 800 won/kg, whichever is the greater

0712902010

Bracken

30 % or 1 807 won/kg, whichever is the greater

0712902020

Radishes

0712902030

Welsh onions

30 % or 1 159 won/kg, whichever is the greater

0712902040

Carrots

30 % or 864 won/kg, whichever is the greater

0712902050

Pumpkins

0712902060

Cabbages

0712902070

Taro stems

0712902080

Sweet potato stems

0712902091

Sweet corn for seeds

370

0712902092

Sweet corn, excluding those for seeds

370

0712902093

Potatoes

0712902094

Flowering ferns

30 % or 1 446 won/kg, whichever is the greater

0712902095

Codonopsis

0712902099

Other

0712909000

Mixtures of vegetables

0713101000

For seed

0713102000

For feeding

0713109000

Other

0713200000

Chickpeas (garbanzos)

0713311000

For seed

607,5

0713319000

Other

607,5

0713321000

For seed

420,8

0713329000

Other

420,8

0713331000

For seed

0713339000

Other

0713390000

Other

0713400000

Lentils

0713500000

Broad beans (Vicia faba var. major) and horse beans (Vicia faba var. equina, Vicia faba var. minor)

0713900000

Other

0714101000

Fresh

887,4

0714102010

Chips

887,4

0714102020

Pellets

887,4

0714102090

Other

887,4

0714103000

Chilled

887,4

0714104000

Frozen

0714201000

Fresh

385 % or 338 won/kg, whichever is the greater

0714202000

Dried

385

0714203000

Chilled

385

0714204000

Frozen

0714209000

Other

385

0714901010

Frozen

0714901090

Other

0714909010

Frozen

0714909090

Other

385

0801110000

Desiccated

0801190000

Other

0801210000

In shell

0801220000

Shelled

0801310000

In shell

0801320000

Shelled

0802110000

In shell

0802120000

Shelled

0802210000

In shell

0802220000

Shelled

0802310000

In shell

0802320000

Shelled

0802401000

In shell

219,4 % or 1 470 won/kg, whichever is the greater

0802402000

Shelled

219,4 % or 1 470 won/kg, whichever is the greater

0802500000

Pistachios

0802600000

Macadamia nuts

0802901010

In shell

566,8 % or 2 664 won/kg, whichever is the greater

0802901020

Shelled

566,8 % or 2 664 won/kg, whichever is the greater

0802902010

In shell

27,0 % or 803 won/kg, whichever is the greater

0802902020

Shelled

27,0 % or 803 won/kg, whichever is the greater

0802909000

Other

0803000000

Bananas, including plantains, fresh or dried

0804100000

Dates

0804200000

Figs

0804300000

Pineapples

0804400000

Avocados

0804501000

Guavas

0804502000

Mangoes

0804503000

Mangosteens

0805100000

Oranges

See paragraph 11 of Appendix 2-A-1

0805201000 (2)

Korean citrus

144

0805209000 (3)

Other

144

0805400000

Grapefruit, including pomelos

0805501000

Lemons (Citrus limon, Citrus limonum)

0805502010

Citrus aurantifolia

0805502020

Citrus latifolia

144

0805900000

Other

144

0806100000

Fresh

S-A

0806200000

Dried

0807110000

Watermelons

0807190000

Other

0807200000

Papaws (papayas)

0808100000

Apples

–	Fuji variety

See Annex 3

–

Other

See Annex 3

0808201000

Pears

–	Asian variety

–

Other

0808202000

Quinces

0809100000

Apricots

0809200000

Cherries

0809300000

Peaches, including nectarines

0809401000

Plums

0809402000

Sloes

0810100000

Strawberries

0810200000

Raspberries, blackberries, mulberries and loganberries

0810400000

Cranberries, bilberries and other fruits of the genus Vaccinium

0810500000

Kiwifruit

0810600000

Durians

0810901000

Persimmons

0810902000

Sweet persimmons

0810903000

Jujubes

611,5 % or 5 800 won/kg, whichever is the greater

0810905000

Mumes

0810909000

Other

0811100000

Strawberries

0811200000

Raspberries, blackberries, mulberries, loganberries, black, white or red currants and gooseberries

0811901000

Chestnuts

0811902000

Jujubes

0811903000

Pine-nuts

0811909000

Other

0812100000

Cherries

0812901000

Strawberries

0812909000

Other

0813100000

Apricots

0813200000

Prunes

0813300000

Apples

0813401000

Persimmons

0813402000

Jujubes

611,5 % or 5 800 won/kg, whichever is the greater

0813409000

Other

0813500000

Mixtures of nuts or dried fruits of this Chapter

0814001000

Peel of citrus fruit

0814002000

Peel of melons (including watermelons)

0901110000

Not decaffeinated

0901120000

Decaffeinated

0901210000

Not decaffeinated

0901220000

Decaffeinated

0901901000

Coffee husks and skins

0901902000

Coffee substitutes containing coffee

0902100000

Green tea (not fermented) in immediate packings of a content not exceeding 3 kg

513,6

0902200000

Other green tea (not fermented)

513,6

0902300000

Black tea (fermented) and partly fermented tea, in immediate packings of a content not exceeding 3 kg

0902400000

Other black tea (fermented) and other partly fermented tea

0903000000

Maté

0904110000

Neither crushed nor ground

0904120000

Crushed or ground

0904201000

Neither crushed not ground

270 % or 6 210 won/kg, whichever is the greater

0904202000

Crushed or ground

270 % or 6 210 won/kg, whichever is the greater

0905000000

Vanilla

0906110000

Cinnamon (Cinnamomum zeylanicum Blume)

0906191000

Cinnamon, other than Cinnamomum zeylanicum Blume

0906192000

Cinnamon tree flowers

0906201000

Cinnamon

0906202000

Cinnamon tree flowers

0907000000

Cloves (whole fruit, cloves and stems)

0908100000

Nutmeg

0908200000

Mace

0908300000

Cardamoms

0909100000

Seeds of anise or badian

0909200000

Seeds of coriander

0909300000

Seeds of cumin

0909400000

Seeds of caraway

0909500000

Seeds of fennel; juniper berries

0910100000

Ginger

377,3 % or 931 won/kg, whichever is the greater

0910200000

Saffron

0910300000

Turmeric (curcuma)

0910910000

Mixtures referred to in Note 1 (b) to this chapter

0910991000

Thyme; bay leaves

0910992000

Curry

0910999000

Other

1001100000

Durum wheat

1001901000

Meslin

1001909010

For seed

1,8

1001909020

For feeding

1001909030

For milling

1,8

1001909090

Other

1,8

1002001000

For seed

108,7

1002009000

Other

1003001000

Malting barley

513

See paragraph 12 of Appendix 2-A-1

See Annex 3

1003009010

Unhulled barley

324 % or 326 won/kg, whichever is the greater

1003009020

Naked barley

299,7 % or 361 won/kg, whichever is the greater

1003009090

Other

299,7

1004001000

For seed

554,8

1004009000

Other

1005100000

For seed

328

1005901000

For feeding

328

1005902000

Popcorn

630

1005909000

Other

328

1006100000

Rice in the husk (paddy or rough)

—

1006201000

Non-glutinous

—

1006202000

Glutinous

—

1006301000

Non-glutinous

—

1006302000

Glutinous

—

1006400000

Broken rice

—

1007001000

For seed

779,4

1007009000

Other

1008100000

Buckwheat

256,1

1008201010

For seed

1008201090

Other

1008209000

Other

1008300000

Canary seed

1008900000

Other cereals

800,3

1101001000

Of wheat

4,2

1101002000

Of meslin

1102100000

Rye flour

1102200000

Maize (corn) flour

1102901000

Barley flour

260

1102902000

Rice flour

—

1102909000

Other

800,3

1103110000

Of wheat

288,2

1103130000

Of maize (corn)

162,9

1103191000

Of barley

260

1103192000

Of oats

554,8

1103193000

Of rice

—

1103199000

Other

800,3

1103201000

Of wheat

288,2

1103202000

Of rice

—

1103203000

Of barley

260

1103209000

Other

800,3

1104120000

Of oats

554,8

1104191000

Of rice

—

1104192000

Of barley

233

1104199000

Other

800,3

1104220000

Of oats

554,8

1104230000

Of maize (corn)

167

1104291000

Of coicis semen

800,3

1104292000

Of barley

126

1104299000

Other

800,3

1104301000

Of rice

1104309000

Other

1105100000

Flour, meal and powder

304

1105200000

Flakes, granules and pellets

304

1106100000

Of the dried leguminous vegetables of heading 07.13

1106201000

Of arrow roots

1106209000

Other

1106300000

Of the products of Chapter 8

1107100000

Not roasted

269

See paragraph 12 of Appendix 2-A-1

See Annex 3

1107201000

Smoked

269

1107209000

Other

1108110000

Wheat starch

50,9

1108121000

For food

226

1108129000

Other

226

1108130000

Potato starch

455

See Annex 3

1108141000

For food

455

1108149000

Other

455

1108191000

Of sweet potato

241,2

1108199000

Other

800,3

1108200000

Inulin

800,3

1109000000

Wheat gluten, whether or not dried.

1201001000

For soya bean oil and oil cake

487 % or 956 won/kg, whichever is the greater

1201009010

For bean sprouts

487 % or 956 won/kg, whichever is the greater

1201009090

Other

487 % or 956 won/kg, whichever is the greater

1202100000

In shell

230,5

1202200000

Shelled, whether or not broken

230,5

1203000000

Copra.

1204000000

Linseed, whether or not broken.

1205101000

Seeds for fodder planting

1205109000

Other

1205901000

Seeds for fodder planting

1205909000

Other

1206000000

Sunflower seeds, whether or not broken.

1207200000

Cotton seeds

1207400000

Sesamum seeds

630 % or 6 660 won/kg, whichever is the greater

1207500000

Mustard seeds

1207910000

Poppy seeds

1207991000

Perilla seeds

40 % or 410 won/kg, whichever is the greater

1207992000

Shea nuts (Karite nuts)

1207993000

Palm nuts and kernels

1207994000

Castor oil seeds

1207995000

Safflower seeds

1207999000

Other

1208100000

Of soya beans

1208900000

Other

1209100000

Sugar beet seed

1209210000

Lucerne (alfalfa) seed

1209220000

Clover (Trifolium spp.) seed

1209230000

Fescue seed

1209240000

Kentucky blue grass (Poa pratensis L.) seed

1209250000

Rye grass (Lolium multiflorum Lam., Lolium perenne L.) seed

1209291000

Lupine seed

1209292000

Sudan grass seed

1209293000

Orchard grass seeds

1209294000

Timothy grass seed

1209299000

Other

1209300000

Seeds of herbaceous plants cultivated principally for their flowers

1209911010

Onion seeds

1209911090

Other

1209912000

Radish seeds

1209919000

Other

1209991010

Seeds of oak

1209991090

Other

1209992000

Seeds of fruit trees

1209993000

Tobacco seed

1209994000

Lawn seed

1209999000

Other

1210100000

Hop cones, neither ground nor powdered nor in the form of pellets

1210201000

Hop cones

1210202000

Lupulin

1211201100

Raw ginseng

222,8

1211201210

Major roots

222,8

1211201220

Ginseng tail

222,8

1211201240

Minor root

222,8

1211201310

Major root

754,3

1211201320

Ginseng tail

754,3

1211201330

Minor root

754,3

1211202110

Powder

1211202120

Tablet or capsule

1211202190

Other

1211202210

Powder

754,3

See Annex 3

1211202220

Tablet or capsule

754,3

See Annex 3

1211202290

Other

754,3

See Annex 3

1211209100

Leaves and stems of ginseng

754,3

1211209200

Ginseng seed

754,3

1211209900

Other

754,3

1211300000

Coca leaf

1211400000

Poppy straw

1211901000

Aconiti tuber

1211902000

Coptidis rhizoma

1211903000

Polygalae radix

1211904000

Fritillariae roylei bulbus

1211905000

Eucommiae cortex

1211906000

Liquorice roots

1211909010

Amomi semen

1211909020

Zizyphi semen

1211909030

Quisqualis fructus

1211909040

Longanae arillus

1211909050

Crataegi fructus

1211909060

Nelumbo semen

1211909070

Pepper mint

1211909080

Japanese pepper

1211909091

Dried platycodon grandiflorum

1211909099

Other

1212201010

Dried

1212201020

Chilled

1212201030

Frozen

1212201090

Other

1212202010

Dried

1212202020

Salted

1212202030

Chilled

1212202040

Frozen

1212202090

Other

1212203010

Dried

1212203020

Chilled

1212203030

Frozen

1212203090

Other

1212204010

Fresh

1212204020

Chilled

1212204030

Frozen

1212204090

Other

1212205010

Salted

1212205020

Chilled

1212205030

Frozen

1212205090

Other

1212206010

Frozen

1212206090

Other

1212207011

Frozen

1212207019

Other

1212207021

Frozen

1212207029

Other

1212207031

Frozen

1212207039

Other

1212208011

Frozen

1212208019

Other

1212208021

Frozen

1212208029

Other

1212208031

Frozen

1212208039

Other

1212209011

Frozen

1212209019

Other

1212209091

Frozen

1212209099

Other

1212910000

Sugar beet

1212991000

Unroasted chicory roots of the variety cichorium intybus sativum

1212992000

Tuber of kuyaku

1212993000

Pollen

1212994000

Sugar cane

1212995000

Locust beans, including locust bean seeds

1212996000

Apricot, peach (including nectarine) or plum stones and kernels

1212999000

Other

1213000000

Cereal straw and husks, unprepared, whether or not chopped, ground, pressed or in the form of pellets.

1214101000

For feeding

1214109000

Other

1214901000

Fodder roots

100,5

1214909011

For feeding

1214909019

Other

1214909090

Other

100,5

1301200000

Gum Arabic

1301901000

Oleoresins

1301902010

Shellac

1301902090

Other

1301909000

Other

1302110000

Opium

1302120000

Of liquorice

1302130000

Of hops

1302191110

White ginseng extract

1302191120

White ginseng extract powder

1302191190

Other

1302191210

Red ginseng extract

754,3

See Annex 3

1302191220

Red ginseng extract powder

754,3

See Annex 3

1302191290

Other

754,3

See Annex 3

1302191900

Other

1302192000

Cashew nut shell liquid

1302193000

Natural lacquer

1302199010

Saps and extracts of aloes

1302199020

Cola extract

1302199091

Vanilla oleoresin or vanilla extract

1302199099

Other

1302200000

Pectic substances, pectinates and pectates

1302311000

Agar-agar in stripe form

1302312000

Agar-agar, powdered

1302319000

Other

1302320000

Mucilages and thickeners, whether or not modified, derived from locust beans, locust bean seeds or guar seeds

1302390000

Other

1401101000

Bamboos, phyllostachys

1401102000

Raw bamboos

1401109000

Other

1401201000

Split or drawn

1401209000

Other

1401901000

Bark of arrow root’s stems

1401909000

Other

1404200000

Cotton linters

1404901000

Hard seeds, pips, hulls and nuts, of a kind used for carving (for example, corozo)

1404902010

Bark of paper mulberry

1404902020

Bark of edgeworthia papyrifera

1404902090

Other

1404903010

Leaves of quercus dentata

1404903020

Leaves of smilax china

1404903090

Other

1404904000

Vegetable materials of a kind used primarily as stuffing or as padding (for example, kapok, vegetable hair and eel-grass), whether or not put up as a layer with or without supporting material

1404905000

Vegetable materials of a kind used primarily in brooms or in brushes(for example, broomcorn, piassava, couch-grass and istle), whether or not in hanks or bundles

1404906010

Gall nuts

1404906020

Almond hulls

1404906090

Other

1404909000

Other

1501001010

Of a acid value not exceeding 1

1501001090

Other

1501002000

Poultry fat

1502001010

Of a acid value not exceeding 2

1502001090

Other

1502009000

Other

1503002000

Lard-oil

1503009000

Other

1504101000

Sharks’ liver oil and its fractions

1504109000

Other

1504200000

Fats and oils and their fractions, of fish, other than liver oils.

1504301000

Whale oil and its fractions

1504309000

Other

1505001000

Wool grease, crude

1505009000

Other

1506001000

Neat’s foot oil and its fractions

1506009000

Other

1507100000

Crude oil, whether or not degummed

5,4

1507901000

Refined oil

5,4

1507909000

Other

1508100000

Crude oil

1508901000

Refined oil

1508909000

Other

1509100000

Virgin

1509900000

Other

1510000000

Other oils and their fractions, obtained solely from olives, whether or not refined, but not chemically modified, including blends of these oils or fractions with oils or fractions of heading 15.09 .

1511100000

Crude oil

1511901000

Palm olein

1511902000

Palm stearin

1511909000

Other

1512111000

Sunflower-seed oil

1512112000

Safflower oil

1512191010

Sunflower-seed oil

1512191020

Safflower oil

1512199010

Sunflower-seed oil

1512199020

Safflower oil

1512210000

Crude oil, whether or not gossypol has been removed

5,4

1512291000

Refined oil

5,4

1512299000

Other

1513110000

Crude oil

1513191000

Refined oil

1513199000

Other

1513211000

Palm kernel oil

1513212000

Babassu oil

1513291010

Palm kernel oil

1513291020

Babassu oil

1513299000

Other

1514110000

Crude oil

1514191000

Refined oil

1514199000

Other

1514911000

Other Rape oil or colza oil

1514912000

Mustard oil

1514991010

Other Rape oil or colza oil

1514991020

Mustard oil

1514999000

Other

1515110000

Crude oil

1515190000

Other

1515210000

Crude oil

1515290000

Other

1515300000

Castor oil and its fractions

1515500000

Sesame oil and its fractions

630 % or 12 060 won/kg, whichever is the greater

1515901000

Perilla oil and its fractions

1515909010

Rice bran oil and its fractions

1515909020

Camellia oil and its fractions

1515909030

Jojoba oil and its fractions

1515909040

Tung oil and its fractions

1515909090

Other

1516101000

Beef tallow and its fractions

1516102000

Whale oil and its fractions

1516109000

Other

1516201010

Peanut oil and its fraction

1516201020

Sunflower seed oil and its fraction

1516201030

Rape or colza oil and its fraction

1516201040

Perilla oil and its fraction

1516201050

Sesame oil and its fraction

1516202010

Coconut (copra) oil and its fraction

1516202020

Palm oil and its fraction

1516202030

Maize oil and its fraction

1516202040

Cotton seed oil and its fraction

1516202050

Soya-bean oil and its fraction

1516202090

Other

1517100000

Margarine, excluding liquid margarine

1517901000

Imitation lard

1517902000

Shortening

1517909000

Other

1518001000

Dehydrated castor oil

1518002000

Epoxidised soya-bean oil

1518009000

Other

1520000000

Glycerol, crude; glycerol waters and glycerol lyes

1521101000

Carnauba wax

1521102000

Palm wax

1521109000

Other

1521901000

Spermaceti

1521902000

Beeswax

1521909000

Other

1522001010

Natural

1522001090

Other

1522009000

Other

1601001000

Sausages

1601009000

Other

1602100000

Homogenised preparations

1602201000

In airtight containers

1602209000

Other

1602311000

In airtight containers

1602319000

Other

1602321010

Samge-tang

1602321090

Other

1602329000

Other

1602391000

In airtight containers

1602399000

Other

1602411000

In airtight containers

1602419000

Other

1602421000

In airtight containers

1602429000

Other

1602491000

In airtight containers

1602499000

Other

1602501000

In airtight containers

1602509000

Other

1602901000

In airtight containers

1602909000

Other

1603001000

Meat extracts

1603002000

Meat juices

1603003000

Fish extracts

1603004000

Fish juices

1603009000

Other

1604111000

In airtight containers

1604119000

Other

1604121000

In airtight containers

1604129000

Other

1604131000

In airtight containers

1604139000

Other

1604141011

In oil

1604141012

Boiled

1604141019

Other

1604141021

In oil

1604141022

Boiled

1604141029

Other

1604141031

In oil

1604141032

Boiled

1604141039

Other

1604149000

Other

1604151000

In airtight containers

1604159000

Other

1604161000

In airtight containers

1604169000

Other

1604191010

Saury

1604191020

Horse mackerel

1604191030

Eels (anguilla spp.)

1604191090

Other

1604199010

Jerk filefish

1604199090

Other

1604201000

Fish pastes

1604202000

Fish marinade

1604203000

Fish sausages

1604204010

Of crab flavor

1604204090

Other

1604209000

Other

1604301000

Caviar

1604302000

Caviar substitutes

1605101010

In airtight containers

1605101020

Smoked, excluding in airtight containers

1605101090

Other

1605109000

Other

1605201000

In airtight containers

1605209010

Smoked

1605209020

Breaded

1605209090

Other

1605301000

In airtight containers

1605309000

Other

1605401000

In airtight containers

1605409000

Other

1605901010

Oysters

1605901020

Mussels

1605901030

Baby clam

1605901040

Cockles

1605901070

Bai top shell

1605901080

Squid

1605901091

Abalone

1605901092

Top shell

1605901099

Other

1605902010

Squid

1605902020

Bai top shell

1605902030

Cockles

1605902090

Other

1605909010

Seasoned squid

1605909020

Sea-cucumbers

1605909030

Bai top shell

1605909040

Mussel

1605909090

Other

1701111000

Of a polarisation not exceeding 98,5°

1701112000

Of a polarisation exceeding 98,5°

1701121000

Of a polarisation not exceeding 98,5°

1701122000

Of a polarisation exceeding 98,5°

1701910000

Containing added flavouring or colouring matter

1701990000

Other

16-A

See Annex 3

1702111000

Lactose

49,5

1702119000

Lactose syrup

1702191000

Lactose

49,5

1702199000

Lactose Syrup

1702201000

Maple sugar

1702202000

Maple syrup

1702301000

Glucose

1702302000

Glucose syrup

1702401000

Glucose

1702402000

Glucose syrup

1702500000

Chemically pure fructose

1702601000

Fructose

1702602000

Fructose syrup

1702901000

Artificial honey

243

1702902000

Caramel

1702903000

Maltose

1702909000

Other

1703101000

For use in manufacturing spirits

1703109000

Other

1703901000

For use in manufacturing spirits

1703909000

Other

1704100000

Chewing gum, whether or not sugar-coated

1704901000

Liquorice extract, not put up as confectionery

1704902010

Drops

1704902020

Caramels

1704902090

Other

1704909000

Other

1801001000

Raw

1801002000

Roasted

1802001000

Cocoa shells, husks and skins

1802009000

Other

1803100000

Not defatted

1803200000

Wholly or partly defatted

1804000000

Cocoa butter, fat and oil

1805000000

Cocoa powder, not containing added sugar or other sweetening matter

1806100000

Cocoa powder, containing added sugar or other sweetening matter

1806201000

Chocolate and chocolate confectionery

1806209010

Cocoa preparation containing 50 % or more by weigh of milk powder

1806209090

Other

1806311000

Chocolate and chocolate confectionery

1806319000

Other

1806321000

Chocolate and chocolate confectionery

1806329000

Other

1806901000

Chocolate and chocolate confectionery

1806902111

Of prepared dry-milk

1806902119

Other

1806902191

Of oatmeal

1806902199

Other

1806902210

Of barley flour

1806902290

Other

—

1806902910

Of malt extract

1806902920

Of food preparations of goods of headings 04.01 to 04.04

1806902991

Of oatmeal

1806902992

Of barley flour

1806902999

Other

—

1806903010

Of prepared foods obtained by the swelling or roasting of cereals or cereal product

5,4

1806903091

Rice in grain form

1806903099

Other

1806909010

Cocoa preparation containing 50 % or more by weigh of milk powder

1806909090

Other

1901101010

Prepared dry milk

See paragraph 13 of Appendix 2-A-1

1901101090

Other

See paragraph 13 of Appendix 2-A-1

1901109010

Of oatmeal

1901109090

Other

1901201000

Of rice flour

—

1901202000

Of barley flour

1901209000

Other

—

1901901000

Malt extract

1901902000

Food preparations of goods of headings 04.01 to 04.04

1901909010

Oat meal

1901909091

Of rice flour

—

1901909092

Of barley flour

1901909099

Other

—

1902111000

Spaghetti

1902112000

Macaroni

1902119000

Other

1902191000

Noodles

1902192000

Chinese vermicelli

45 % or 355 won/kg whichever is greater

1902193000

Naeng-myun

1902199000

Other

1902200000

Stuffed pasta, whether or not cooked or otherwise prepared

1902301010

Ramen

1902301090

Other

1902309000

Other

1902400000

Couscous

1903001000

Tapioca

1903009000

Other

1904101000

Corn flakes

5,4

1904102000

Corn chip

5,4

1904103000

Puffed rice

5,4

1904109000

Other

5,4

1904201000

Of Musli type preparations

1904209000

Other

5,4

1904300000

Bulgur wheat

1904901010

Steamed or boiled rice

1904901090

Other

1904909000

Other

1905100000

Crispbread

1905200000

Gingerbread and the like

1905310000

Sweet biscuits

1905320000

Waffles and wafers

1905400000

Rusks, toasted bread and similar toasted products

1905901010

Bread

1905901020

Ship’s biscuits

1905901030

Pastries and cakes

1905901040

Biscuits, cookies and crackers

1905901050

Bakers’ wares of rice

1905901090

Other

1905909010

Empty cachets of a kind suitable for pharmaceutical use

1905909020

Rice paper

1905909090

Other

2001100000

Cucumbers and gherkins

2001901000

Fruit and nuts

2001909010

Shallots

2001909020

Tomatoes

2001909030

Cauliflower

2001909040

Sweet corn

2001909050

Rakkyo

2001909060

Garlic

2001909070

Onions

2001909090

Other

2002100000

Tomatoes, whole or in pieces

2002901000

Tomato paste (of a soluble solid, of 24 % or more)

2002909000

Other

2003104000

Cultivated mushrooms (Agaricus bisporus)

2003109000

Other

2003200000

Truffles

2003901000

Oak Mushrooms

2003902000

Pine Mushrooms

2003909000

Other

2004100000

Potatoes

2004901000

Sweet corn

2004909000

Other

2005101000

Pureed corn for infant

2005109000

Other

2005201000

Croquettes prepared from flakes

2005209000

Other

2005400000

Peas (Pisum sativum)

2005511000

Of small green beans

2005512000

Of small red beans

2005519000

Other

2005591000

Of small green beans

2005592000

Of small red beans

2005599000

Other

2005600000

Asparagus

2005700000

Olives

2005800000

Sweet corn (Zea mays var. saccharata)

2005910000

Bamboo shoots

2005991000

Kim-chi

2005992000

Sauerkraut

2005999000

Other

2006001000

Marrons glacés

2006002000

Pineapples

2006003000

Ginger

2006004000

Lotus roots

2006005000

Peas (Pisum sativum)

2006006010

Beans shelled

2006006090

Other

2006007000

Asparagus

2006008000

Olive

2006009010

Sweet corn (Zeamays var. Sac charata)

2006009020

Bamboo shoots

2006009030

Of other vegetable

2006009090

Other

2007100000

Homogenised preparations

2007911000

Jams, fruit jellies and marmalades

2007919000

Other

2007991000

Jams, fruit jellies and marmalades

2007999000

Other

2008111000

Peanut butter

2008119000

Other

63,9

2008191000

Chestnuts

2008192000

Coconut

2008199000

Other

2008200000

Pineapples

2008301000

Citrus junos

2008309000

Other

2008400000

Pears

2008500000

Apricots

2008600000

Cherries

2008701000

In airtight containers, added sugar

2008709000

Other

2008800000

Strawberries

2008910000

Palm hearts

2008921010

In airtight containers, added sugar

2008921090

Other

2008922000

Fruit salad

2008929000

Other

2008991000

Grapes

2008992000

Apples

2008993000

Popcorn

2008999000

Other

2009110000

Frozen

2009120000

Not frozen, of a Brix value not exceeding 20

2009190000

Other

2009210000

Of a Brix value not exceeding 20

2009290000

Other

2009311000

Lemon juice

2009312000

Lime juice

2009319000

Other

2009391000

Lemon juice

2009392000

Lime juice

2009399000

Other

2009410000

Of a Brix value not exceeding 20

2009490000

Other

2009500000

Tomato juice

2009610000

Of a Brix value not exceeding 30

2009690000

Other

2009710000

Of a Brix value not exceeding 20

2009790000

Other

2009801010

Peach juice

2009801020

Strawberry juice

2009801090

Other

2009802000

Juice of vegetable

2009901010

Chiefly on the basic of orange juice

2009901020

Chiefly on the basic of apple juice

2009901030

Chiefly on the basic of grape juice

2009901090

Other

2009902000

Of vegetables

2009909000

Other

2101110000

Extracts, essences and concentrates

2101121000

Instant coffee

2101129010

Of containing milk, cream or their substitutes

2101129090

Other

2101201000

Of containing sugar, lemon or their substitutes

2101209000

Other

2101301000

Of barley

2101309000

Other

2102101000

Brewery yeast

2102102000

Distillery yeast

2102103000

Bakery yeast

2102104000

Culture yeast

2102109000

Other

2102201000

Inactive yeasts

2102202000

Nulook

2102203010

Of tablet

2102203090

Other

2102204010

Of tablet

2102204090

Other

2102209000

Other

2102300000

Prepared baking powders

2103100000

Soya sauce

2103201000

Tomato ketchup

2103202000

Tomato sauces

2103301000

Mustard flour and meal

2103302000

Prepared mustard

2103901010

Bean paste

2103901020

Chinese bean paste

2103901030

Hot bean paste

2103901090

Other

2103909010

Mayonnaise

2103909020

Instant curry

2103909030

Mixed seasonings

2103909040

Maejoo

16 % or 64 won/kg whichever is greater

2103909090

Other

2104101000

Of meat

2104102000

Of fish

2104103000

Of vegetable

2104109000

Other

2104200000

Homogenised composite food preparations

2105001010

Not containing cocoa

2105001090

Other

2105009010

Not containing cocoa

2105009090

Other

2106101000

Bean-curd

2106109010

Of protein content, by weight, 48 % or more

2106109090

Other

2106901010

Cola base

2106901020

Beverage base of perfumed fruits

2106901090

Other

2106902000

Sugar syrups, containing added flavouring or colouring matter

2106903011

Ginseng tea

2106903019

Other

2106903021

Red ginseng tea

754,3

2106903029

Other

754,3

2106904010

Laver

2106904090

Other

2106909010

Coffee creamer

2106909020

Preparations with a basis of butter

2106909030

Preparations for use in manufacturing ice cream

2106909040

Autolyzed yeast and other yeast extracts

2106909050

Flavors in preparations

2106909060

Acorn flour

2106909070

Preparations with a basis of aloe

2106909080

Of preparations (other than those based on odoriferous substances) of types used in the manufacture of beverages with an alcoholic strength by volume exceeding 0,5 % vol

2106909091

Preparations of royal jelly and honey

2106909099

Other

2201100000

Mineral waters and aerated waters

2201901000

Ice and snow

2201909000

Other

2202101000

Coloured

2202109000

Other

2202901000

Beverage based on ginseng

2202902000

Beverage of fruit juice

2202903000

Sikye

2202909000

Other

2203000000

Beer made from malt.

2204100000

Sparkling wine

2204211000

Red wine

2204212000

White wine

2204219000

Other

2204291000

Red wine

2204292000

White wine

2204299000

Other

2204300000

Other grape must

2205100000

In containers holding 2 l or less

2205900000

Other

2206001010

Cider

2206001020

Perry

2206001090

Other

2206002010

Cheongju

2206002020

Yakju

2206002030

Takju

2206002090

Other

2206009010

Wine cooler (added the product of heading 20.09 or 22.02 , including being made of grapes)

2206009090

Other

2207101000

Roughly distilled alcohol for beverages

2207109010

Fermented alcohol for manufacture of liquors

270

See Annex 3

2207109090

Other

2207200000

Ethyl alcohol and other spirits, denatured, of any strength

2208201000

Cognac

2208209000

Other

2208301000

Scotch whisky

2208302000

Bourbon whisky

2208303000

Rye whisky

2208309000

Other

–	Irish whisky

–

Other

2208400000

Rum and other spirits obtained by distilling fermented sugarcane products

2208500000

Gin and geneva

2208600000

Vodka

2208701000

Ginseng wine

2208702000

Ogarpi

wine

2208709000

Other

2208901000

Brandies other than that of subheading 2208.20

2208904000

Soju

2208906000

Kaoliang wine

2208907000

Tequila

2208909000

Other

2209001000

Brewery vinegar

2209009000

Other

2301101000

Flours, meals and pellets, of meat or meat offal

2301102000

Greaves

2301201000

Flours, meals and pellets of fish

2301209000

Other

2302100000

Of maize (corn)

2302300000

Of wheat

2302401000

Of rice

2302409000

Other

2302500000

Of leguminous plants

2303100000

Residues of starch manufacture and similar residues

2303200000

Beet-pulp, bagasse and other waste of sugar manufacture

2303300000

Brewing or distilling dregs and waste

2304000000

Oil-cake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of soyabean oil

1,8

2305000000

Oil-cake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of ground nut oil

2306100000

Of cotton seeds

2306200000

Of linseed

2306300000

Of sunflower seeds

2306410000

Of low erucic acid rape or colza seeds

2306490000

Other

2306500000

Of coconut or copra

2306600000

Of palm nuts or kernels

2306901000

Of sesamum seeds

63 % or 72 won/kg, whichever is the greater

2306902000

Of perilla seeds

2306903000

Of maize (corn) germ

2306909000

Other

2307000000

Wine lees; argol

2308001000

Acorns

2308002000

Horse-chestnuts

2308003000

Cotton seed hulls

2308009000

Other

46,4

2309100000

Dog or cat food, put up for retail sale

2309901010

For pigs

4,2

2309901020

For fowls

4,2

2309901030

For fish

2309901040

For bovine

4,2

2309901091

Of milk replacer

2309901099

Other

2309902010

Chiefly on the basis of inorganic substances or minerals (excluding chiefly on the basis of micro-minerals)

50,6

See paragraph 14 of Appendix 2-A-1

2309902020

Chiefly on the basis of flavourings

50,6

See paragraph 14 of Appendix 2-A-1

2309902091

Automatic approval import items as of December 31, 1994:

1.	Peckmor, sessalom, calfnectar and pignectar of FCA Feed flavor starter (conc.)

2.	FCA Feed nectars (conc.)

3.	FCA Feed protanox

4.	FCA Encila (conc.)

5.	FCA Sugar mate

6.	Poultry, fish, mineral, calf, hy sugar and cheese of FFI Ade (conc.)

7.	Pig, hog, cattle, dairy, beef and kanine of FFI Krave (conc.)

8.	Pig and fresh of FFI Arome (cone., 2X)

9.	Pecuaroma-poultry Other

2309902099

Other

50,6

See paragraph 14 of Appendix 2-A-1

2309903010

Chiefly on the basis of antibiotics

2309903020

Chiefly on the basis of vitamins

2309903030

Chiefly on the basis of micro minerals

2309903090

Other

2309909000

Other

50,6

See paragraph 14 of Appendix 2-A-1

2401101000

Flue-cured

2401102000

Burley

2401103000

Oriental

2401109000

Other

2401201000

Flue-cured

2401202000

Burley

2401203000

Oriental

2401209000

Other

2401301000

Stems

2401302000

Scraps

2401309000

Other

2402101000

Cigar

2402102000

Cheroot

2402103000

Cigarillos

2402201000

Filter tip cigarettes

2402209000

Other

2402900000

Other

2403101000

Pipe tobacco

2403109000

Other

2403911000

Tobacco sheets

32,8

2403919000

Other

2403991000

Chewing tobacco

2403992000

Snuff

2403993000

Tobacco extracts and essences

2403999000

Other

2501001010

Rock salt

2501001020

Sea salt made by the heat of the sun

2501009010

Edible salt

2501009020

Pure sodium chloride

2501009090

Other

2502000000

Unroasted iron pyrites.

2503000000

Sulphur of all kinds, other than sublimed sulphur, precipitated sulphur and colloidal sulphur.

2504101000

Natural graphite, crystalline

2504102000

Natural graphite, amorphous

2504109000

Other

2504901000

Natural graphite, crystalline

2504902000

Natural graphite, amorphous

2504909000

Other

2505100000

Silica sands and quartz sands

2505901010

Clayey sand

2505901020

Felspathic sand

2505901090

Other

2505909000

Other

2506101000

Containing less than 0,06 % of impurities

2506102000

Containing not less than 0,06 % but not more than 0,1 % of impurities

2506103000

Containing more than 0,1 % of impurities

2506201000

Crude or roughly trimmed

2506209000

Other

2507001010

Not calcined

2507001090

Other

2507002010

Gairome

2507002020

Kibushi

2507002090

Other

2507009000

Other

2508100000

Bentonite

2508300000

Fire-clay

2508401000

Acid clay

2508402000

Decolourising earths and fuller’s earth

2508409000

Other

2508501000

Andalusite

2508502000

Kyanite

2508503000

Sillimanite

2508600000

Mullite

2508701000

Shamotte

2508702000

Dinas earth

2509000000

Chalk.

2510101000

Natural calcium phosphates

2510102000

Natural aluminium calcium phosphates

2510109000

Other

2510201000

Natural calcium phosphates

2510202000

Natural aluminium calcium phosphates

2510209000

Other

2511100000

Natural barium sulphate (barytes)

2511200000

Natural barium carbonate (witherite)

2512000000

Siliceous fossil meals (for example, kieselguhr, tripolite and diatomite) and similar siliceous earths, whether or not calcined, of an apparent specific gravity of 1 or less

2513101000

Crude or in irregular pieces, including crushed pumice (‘bimskies’)

2513109000

Other

2513201010

Emery

2513201020

Natural corundum

2513201030

Natural garnet

2513201090

Other

2513202010

Emery

2513202020

Natural corundum

2513202030

Natural garnet

2513202090

Other

2514001000

Crude or roughly trimmed

2514009000

Other

2515111000

Marble

2515112000

Travertine

2515121000

Marble

2515122000

Travertine

2515200000

Ecaussine and other calcareous monumental or building stone; alabaster

2516110000

Crude or roughly trimmed

2516120000

Merely cut, by sawing or otherwise, into blocks or slabs of a rectangular (including square) shape

2516201000

Crude or roughly trimmed

2516209000

Merely cut, by sawing or otherwise, into blocks or slabs of a rectangular (including square) shape

2516901000

Crude or roughly trimmed

2516909000

Other

2517101000

Pebbles

2517102000

Broken or crushed stone

2517109000

Other

2517200000

Macadam of slag, dross or similar industrial waste, whether or not incorporating the materials cited in subheading 2517.10

2517300000

Tarred macadam

2517410000

Of marble

2517491000

Of basalt

2517492000

Of granite

2517499000

Other

2518100000

Dolomite, not calcined or sintered

2518200000

Calcined or sintered dolomite

2518300000

Dolomite ramming mix

2519100000

Natural magnesium carbonate (magnesite)

2519901000

Fused and dead-burned magnesia

2519902000

Natural magnesium oxide

2519909000

Other

2520101000

Gypsum

2520102000

Anhydrite

2520201000

Specially calcined or finely ground for use in dentistry

2520209000

Other

2521001000

Limestone

2521009000

Other

2522100000

Quicklime

2522200000

Slaked lime

2522300000

Hydraulic lime

2523100000

Cement clinkers

2523210000

White cement, whether or not artificially coloured

2523290000

Other

2523300000

Aluminous cement

2523901000

Slag cements

2523909000

Other

2524100000

Crocidolite

2524901000

Amosite

2524902000

Chrysotile

2524909000

Other

2525100000

Crude mica and mica rifted into sheets or splittings

2525200000

Mica powder

2525300000

Mica waste

2526101000

Whether or not roughly trimmed or merely cut, by sawing or otherwise, into blocks or slabs of a rectangular shape (including square)

2526109000

Other

2526200000

Crushed or powdered

2528100000

Natural sodium borates and concentrates thereof (whether or not calcined)

2528901000

Calcium borates

2528902000

Magnesium chloroborate

2528903000

Natural boric acid

2528909000

Other

2529100000

Feldspar

2529211000

Powder

2529219000

Other

2529221000

Powder

2529229000

Other

2529301000

Leucite

2529302000

Nepheline

2529303000

Nepheline syenite

2530101000

Vermiculite

2530102000

Perlites and chlorites

2530200000

Kieserite, epsomite (natural magnesium sulphates)

2530901000

Natural arsenic sulfides

2530902000

Pyrolusite (manganese ore) suitable for manufacturing dry batteries

2530903000

Strontianite

2530904000

Cinnabar

2530905000

Pyrophyllite

2530906000

Zeolites

2530907000

Alunites

2530908000

Wollastonites

2530909010

Pottery stone

2530909020

Sericites

2530909030

Earth colours

2530909040

Natural micaceous iron oxides

2530909050

Natural cryolite and natural chiolite

2530909091

Natural calcium carbonate

2530909099

Other

2601111000

Red haematite

2601112000

Magnetite

2601119000

Other

2601121000

Red haematite

2601122000

Magnetite

2601129000

Other

2601200000

Roasted iron pyrites

2602000000

Manganese ores and concentrates, including ferruginous manganese ores and concentrates with a manganese content of 20 % or more, calculated on the dry weight

2603000000

Copper ores and concentrates.

2604000000

Nickel ores and concentrates.

2605000000

Cobalt ores and concentrates.

2606000000

Aluminium ores and concentrates.

2607000000

Lead ores and concentrates.

2608000000

Zinc ores and concentrates.

2609000000

Tin ores and concentrates.

2610000000

Chromium ores and concentrates.

2611001000

Wolframite

2611002000

Scheelite

2611009000

Other

2612100000

Uranium ores and concentrates

2612200000

Thorium ores and concentrates

2613100000

Roasted

2613900000

Other

2614001000

Rutile

2614002000

Anatase

2614009000

Other

2615100000

Zirconium ores and concentrates

2615901000

Niobium ores and concentrates

2615902000

Tantalum ores and concentrates

2615903000

Vanadium ores and concentrates

2616100000

Silver ores and concentrates

2616901000

Gold ores and concentrates

2616902000

Platinum ores and concentrates (including ores and concentrates of platinum group)

2617100000

Antimony ores and concentrates

2617901000

Mercury ores and concentrates

2617902000

Germanium ores and concentrates

2617903000

Beryllium ores and concentrates

2617904000

Bismuth ores and concentrates

2617909000

Other

2618000000

Granulated slag (slag sand) from the manufacture of iron or steel.

2619001010

Blast furnace slag

2619001090

Other

2619002000

Dross

2619003000

Scalings

2619009000

Other

2620110000

Hard zinc spelter

2620190000

Other

2620210000

Leaded gasoline sludges and leaded anti knock compound sludges

2620290000

Other

2620300000

Containing mainly copper

2620400000

Containing mainly aluminium

2620600000

Containing arsenic, mercury, thallium or their mixtures, of a kind used for the extraction of arsenic or those metals or for the manufacture of their chemical compounds

2620910000

Containing antimony, beryllium, cadmium, chromium or their mixtures

2620990000

Other

2621100000

Ash and residues from the incineration of municipal waste

2621900000

Other

2701110000

Anthracite

2701121000

Coking coal, heavy

2701122000

Other coking coal

2701129010

Containing a volatile matter less than 22 % by weight (on a dry, mineral matter free basis)

2701129090

Other

2701190000

Other coal

2701201000

Briquettes

2701202000

Ovoids

2701209000

Other

2702100000

Lignite, whether or not pulverised, but not agglomerated

2702200000

Agglomerated lignite

2703001000

Not agglomerated

2703002000

Agglomerated

2704001010

Of coal

2704001090

Other

2704002000

Semi-coke

2704003000

Retort carbon

2705000000

Coal gas, water gas, producer gas and similar gases, other than petroleum gases and other gaseous hydrocarbons.

2706001000

Coal tars

2706002000

Tars from lignit or peat

2706009000

Other

2707100000

Benzol (benzene)

2707200000

Toluol (toluene)

2707300000

Xylol (xylenes)

2707400000

Naphthalene

2707500000

Other aromatic hydrocarbon mixtures of which 65 % or more by volume (including losses) distils at 250 °C by the ASTM D 86 method

2707910000

Creosote oils

2707991000

Solvent naphtha

2707992000

Anthracene

2707993000

Phenols

2707999000

Other

2708100000

Pitch

2708200000

Pitch coke

2709001010

Of a specific gravity more than 0,796 but not move than 0,841 at 15 °C

2709001020

Of a specific gravity more than 0,841 but not more than 0,847 at 15 °C

2709001030

Of a specific gravity more than 0,847 but not more than 0,855 at 15 °C

2709001040

Of a specific gravity more than 0,855 but not more than 0,869 at 15 °C

2709001050

Of a specific gravity more than 0,869 but not more than 0,885 at 15 °C

2709001060

Of a specific gravity more than 0,885 but not more than 0,899 at 15 °C

2709001070

Of a specific gravity more than 0,899 but not more than 0,904 at 15 °C

2709001080

Of a specific gravity more than 0,904 but not more than 0,966 at 15 °C

2709001090

Other

2709002000

Crude oils obtained from bituminous minerals

2710111000

Motor spirit

2710112000

Aviation spirit

2710113000

Propylene tetramer

2710114000

Naphtha

2710115000

Natural gas liquid

2710119000

Other

2710191010

Jet fuel

2710191090

Other

2710192010

Kerosene

2710192020

Jet fuel

2710192030

n-paraffine

2710192090

Other

2710193000

Gas oils

2710194010

Light fuel oil (bunker A)

2710194020

Fuel oil (bunker B)

2710194030

Bunker C

2710194090

Other

2710195010

Raw oils

2710195020

Lubricating base oil

2710196000

Extender oil

2710197110

Aviation engine oil

2710197120

Engine oil for automotive

2710197130

Engine oil for marine use

2710197210

Cylinder oil

2710197220

Spindle oil

2710197230

Gear oil

2710197240

Turbine oil

2710197250

Refrigerating machine oil

2710197310

Compound oil

2710197320

Liquid paraffin

2710197330

Automatic transmission fluid

2710197410

Anti corrosive oil

2710197420

Cutting oil

2710197430

Cleansing oil

2710197440

Mould release oil

2710197450

Hydraulic brake oil

2710197510

Process oil

2710197520

Insulating oil

2710197530

Heat treating oil

2710197540

Heat transfer oil

2710197900

Other

2710198010

Containing aluminium as additive

2710198020

Containing calcium as additive

2710198030

Containing sodium as additive

2710198040

Containing lithium as additive

2710198090

Other

2710199000

Other

2710911010

Of motor spirit, aviation spirit and jet fuel

2710911020

Of naphtha and natural gas liquid

2710911090

Other

2710912010

Of kerosene and jet fuel

2710912090

Other

2710913000

Of gas oils

2710914010

Of light fuel oil (bunker A), fuel oil (bunker B) and bunker C

2710914090

Other

2710915000

Of raw oils, lubricating oil (other than extender oil) and lubricating base oil

2710919000

Other

2710991010

Of motor spirit, aviation spirit and jet fuel

2710991020

Of naphtha and natural gas liquid

2710991090

Other

2710992010

Of kerosene and jet fuel

2710992090

Other

2710993000

Of gas oils

2710994010

Of light fuel oil (bunker A), fuel oil (bunker B) and bunker C

2710994090

Other

2710995000

Of raw oils, lubricating oil (other than extender oil) and lubricating base oil

2710999000

Other

2711110000

Natural gas

2711120000

Propane

2711130000

Butanes

2711141000

Ethylene

2711142000

Propylene

2711143000

Butylene

2711144000

Butadiene

2711190000

Other

2711210000

Natural gas

2711290000

Other

2712101000

Vaseline

2712109000

Other

2712200000

Paraffin wax containing by weight less than 0,75 % of oil

2712901010

Slack wax and scale wax

2712901020

Microcrystalline wax

2712901090

Other

2712909010

Montan wax

2712909020

Peat wax

2712909030

Ceresin wax

2712909040

Synthetic paraffin wax

2712909090

Other

2713110000

Not calcined

2713120000

Calcined

2713200000

Petroleum bitumen

2713900000

Other residues of petroleum oils or of oils obtained from bituminous minerals

2714100000

Bituminous or oil shale and tar sands

2714901000

Bitumen and asphalt, natural

2714902000

Asphaltites

2714903000

Asphaltic rock

2715001000

Cut-backs

2715002000

Emulsions or stable suspensions of asphalt, bitumen, pitch or tar

2715003000

Mastics

2715009000

Other

2716000000

Electrical energy

2801100000

Chlorine

5,5

2801200000

Iodine

5,5

2801301000

Fluorine

5,5

2801302000

Bromine

5,5

2802001000

Sulphur, sublimed

2802002000

Sulphur, precipitated

2802003000

Colloidal sulfur

2803001000

Acetylene black

5,5

2803009010

Carbon blacks

5,5

2803009090

Other

5,5

2804100000

Hydrogen

5,5

2804210000

Argon

5,5

2804291000

Helium

5,5

2804292000

Neon

5,5

2804293000

Krypton

5,5

2804294000

Xenon

5,5

2804299000

Other

5,5

2804300000

Nitrogen

5,5

2804400000

Oxygen

5,5

2804501000

Boron

5,5

2804502000

Tellurium

5,5

2804610000

Containing by weight not less than 99.99 % of silicon

2804690000

Other

5,5

2804701000

Yellow phosphorous

2804709000

Other

5,5

2804800000

Arsenic

5,5

2804900000

Selenium

5,5

2805110000

Sodium

5,5

2805120000

Calcium

5,5

2805190000

Other

5,5

2805301000

Cerium group

5,5

2805302000

Terbium group

5,5

2805303000

Erbium group

5,5

2805304000

Yttrium

5,5

2805305000

Scandium

5,5

2805309000

Other

5,5

2805400000

Mercury

5,5

2806100000

Hydrogen chloride (hydrochloric acid)

5,5

2806200000

Chlorosulphuric acid

5,5

2807001010

For making semiconductor

5,5

2807001090

Other

5,5

2807002000

Oleum

5,5

2808001010

For making semiconductor

5,5

2808001090

Other

5,5

2808002000

Sulphonitric acids

5,5

2809100000

Diphosphorus pentaoxide

5,5

2809201010

For making semiconductor

5,5

2809201090

Other

5,5

2809202010

Metaphosphoric acid

5,5

2809202020

Pyrophosphoric acid

5,5

2809202090

Other

5,5

2810001010

Diboron trioxide

5,5

2810001090

Other

5,5

2810002000

Ortho boric acid

5,5

2810003000

Meta boric acid

5,5

2810009000

Other

5,5

2811111000

For making semiconductor

5,5

2811119000

Other

5,5

2811191000

Hydrogensulphide

5,5

2811192000

Hydrobromic acid

5,5

2811193000

Sulphamic acid

5,5

2811194000

Perchloric acid

5,5

2811195000

Chloric acid

5,5

2811196000

Hypophosphorous acid

5,5

2811197000

Phosphorous acid

5,5

2811198000

Arsenic acid

5,5

2811199010

Hydrogen cyanide

5,5

2811199090

Other

5,5

2811210000

Carbon dioxide

5,5

2811221000

White carbon

5,5

2811229010

Silicagel

5,5

2811229090

Other

5,5

2811291000

Carbon monoxide

5,5

2811292000

Nitrous oxide

5,5

2811293000

Nitrogen dioxide

5,5

2811294000

Arsenic trioxide

5,5

2811295000

Arsenic pentoxide

5,5

2811299000

Other

5,5

2812101010

Iodine trichloride

2812101020

Phosphorous trichloride

2812101030

Phosphorous pentachloride

2812101040

Arsenic trichloride

2812101050

Sulphur monochloride

2812101060

Sulphur dichloride

2812101090

Other

2812102010

Thionyl chloride

2812102020

Carbonyl dichloride (phosgene)

2812102030

Phosphorous oxychloride

2812102090

Other

2812901000

Boron trifluoride

5,5

2812902000

Sulphur hexafluoride

5,5

2812909000

Other

5,5

2813100000

Carbon disulphide

5,5

2813901020

Phosphorous pentasulphide

5,5

2813901090

Other

5,5

2813902010

Diarsenic pentasulphide

5,5

2813902090

Other

5,5

2813903000

Silicon sulphide

5,5

2813909000

Other

5,5

2814100000

Anhydrous ammonia

2814200000

Ammonia in aqueous solution

2815110000

Solid

5,5

2815120000

In aqueous solution (soda lye or liquid soda)

2815200000

Potassium hydroxide (caustic potash)

5,5

2815301000

Sodium peroxide

5,5

2815302000

Potassium peroxide

5,5

2816101000

Magnesium hydroxide

5,5

2816102000

Magnesium peroxide

5,5

2816400000

Oxides, hydroxides and peroxides, of strontium or barium

5,5

2817001000

Zinc oxide

5,5

2817002000

Zinc peroxide

5,5

2818101000

Sized grains

2818109000

Other

2818200000

Aluminium oxide, other than artificial corundum

2818301000

Alumina gel

5,5

2818309000

Other

5,5

2819100000

Chromium trioxide

5,5

2819901010

Chromic oxides

5,5

2819901090

Other

5,5

2819902000

Chromium hydroxides

5,5

2820100000

Manganese dioxide

5,5

2820901000

Manganese oxide

5,5

2820902000

Manganic oxide

5,5

2820909000

Other

5,5

2821101000

Iron oxides

5,5

2821102000

Iron hydroxides

5,5

2821200000

Earth colours

5,5

2822001010

Cobaltic oxide

5,5

2822001091

For manufacturing secondary battery

2822001099

Other

5,5

2822002010

Cobaltous hydroxide

5,5

2822002090

Other

5,5

2823001000

Anatase type

5,5

2823009000

Other

5,5

2824100000

Lead monoxide (litharge, massicot)

5,5

2824901000

Red lead and orange lead

5,5

2824909000

Other

5,5

2825101000

Hydrazine hydrate

5,5

2825109010

Hydrazine

5,5

2825109020

Inorganic salts of hydrazine

5,5

2825109030

Hydroxylamine

5,5

2825109041

Hydroxyl ammonium chloride (hydroxylamine hydrochloride)

5,5

2825109049

Other

5,5

2825201000

Lithium oxide

5,5

2825202000

Lithium hydroxide

5,5

2825301000

Vanadic pentoxide

2825309000

Other

2825401000

Nickel oxides

5,5

2825402000

Nickel hydroxides

5,5

2825501000

Copper oxides

5,5

2825502010

Material for manufacturing agricultural chemicals (registered material under the Agricultural Chemicals Management Act)

2825502090

Other

5,5

2825601000

Germanium oxides

5,5

2825602000

Zirconium dioxide

5,5

2825701000

Molybdenum oxides

2825702000

Molybdenum hydroxide

5,5

2825800000

Antimony oxides

5,5

2825901010

Calcium oxide

5,5

2825901020

Tungsten oxides

2825901030

Tin oxides

5,5

2825901090

Other

5,5

2825902010

Calcium hydroxide

5,5

2825902020

Manganes hydroxides

5,5

2825902030

Tungsten hydroxides

5,5

2825902040

Tin hydroxides

5,5

2825902090

Other

5,5

2825903010

Nickel peroxides

5,5

2825903090

Other

5,5

2825909000

Other

5,5

2826120000

Of aluminium

5,5

2826191000

Calcium fluoride

5,5

2826193010

Potassium hydrogen fluoride

5,5

2826193090

Other

5,5

2826194000

Ammonium or sodium fluoride

5,5

2826199000

Other

5,5

2826300000

Sodium hexafluoroaluminate (synthetic cryolite)

5,5

2826901000

Artificial chiolite

5,5

2826902000

Calcium fluorosilicate

5,5

2826903000

Fluoroborates

5,5

2826904000

Fluorophosphates

5,5

2826905000

Fluorosulphates

5,5

2826906000

Fluorosilicates of sodium or of potassium

5,5

2826909000

Other

5,5

2827100000

Ammonium chloride

5,5

2827200000

Calcium chloride

5,5

2827310000

Of magnesium

5,5

2827320000

Of aluminium

5,5

2827350000

Of nickel

5,5

2827391000

Of copper

5,5

2827399000

Other

5,5

2827411000

Copper chloride oxides

5,5

2827412010

Material for manufacturing agricultural chemicals (registered material under the Agricultural Chemicals Management Act)

2827412090

Other

5,5

2827491000

Chloride oxides

5,5

2827492000

Chloride hydroxides

5,5

2827511000

Sodium bromide

5,5

2827512000

Potassium bromide

5,5

2827591000

Calcium bromide

5,5

2827599000

Other

5,5

2827601000

Iodide oxides

5,5

2827609010

Potassium iodide

5,5

2827609090

Other

5,5

2828100000

Commercial calcium hypochlorite and other calcium hypochlorites

5,5

2828901010

Sodium hypochlorite

5,5

2828901020

Potassium hypochlorite

5,5

2828901090

Other

5,5

2828902010

Sodium chlorite

5,5

2828902020

Aluminium chlorite

5,5

2828902090

Other

5,5

2828903000

Hypobromites

5,5

2829110000

Of sodium

5,5

2829191000

Potassium chlorate

5,5

2829192000

Barium chlorate

5,5

2829199000

Other

5,5

2829901010

Sodium perchlorate

5,5

2829901020

Ammonium perchlorate

5,5

2829901090

Other

5,5

2829902010

Bromates

5,5

2829902020

Perbromates

5,5

2829902030

Iodates

5,5

2829902040

Periodates

5,5

2830101000

Sodium hydrogen sulphide

5,5

2830109000

Other

5,5

2830901000

Sulphides

5,5

2830902000

Polysulphides

5,5

2831101000

Sodium dithionite

5,5

2831102000

Sodium sulphoxy late (sodium form aldehyde sulphoxylate)

5,5

2831901000

Dithionites

5,5

2831902000

Sulphoxylates

5,5

2832101000

Sodium bisulphite

5,5

2832109000

Other

5,5

2832201000

Ammonium sulphite

5,5

2832202000

Potassium sulphites

5,5

2832203000

Calcium sulphites

5,5

2832209000

Other

5,5

2832301000

Ammonium thiosulphate

5,5

2832302000

Sodium thiosulphate

5,5

2832303000

Potassium thiosulphate

5,5

2832309000

Other

5,5

2833110000

Disodium sulphate

5,5

2833191000

Sodium hydrogen sulphate

5,5

2833192000

Disodium disulphate

5,5

2833199000

Other

5,5

2833210000

Of magnesium

5,5

2833220000

Of aluminium

5,5

2833240000

Of nickel

5,5

2833251000

Material for manufacturing agricultural chemicals (registered material under the Agricultural Chemicals Management Act)

2833259000

Other

5,5

2833270000

Of barium

2833291000

Iron sulphates

5,5

2833299000

Other

5,5

2833300000

Alums

5,5

2833401000

Diammonium peroxodisulphate

5,5

2833402000

Disodium peroxodisulphate

5,5

2833403000

Calcium peroxodisulphate

5,5

2833409000

Other

5,5

2834101000

Sodium nitrite

5,5

2834109000

Other

5,5

2834210000

Of potassium

5,5

2834291000

Barium nitrate

5,5

2834299000

Other

5,5

2835101010

Sodium hypophosphite

5,5

2835101020

Calcium hypophosphite

5,5

2835101090

Other

5,5

2835102000

Phosphites

5,5

2835221000

Of mono-sodium

5,5

2835222000

Of disodium

5,5

2835240000

Of potassium

5,5

2835250000

Calcium hydrogenorthophosphate (‘dicalcium phosphate’)

5,5

2835260000

Other phosphates of calcium

5,5

2835291000

Aluminium phosphate

5,5

2835299000

Other polyphosphates

5,5

2835310000

Sodium triphosphate (sodium tripolyphosphate)

5,5

2835391000

Sodium metaphosphate

5,5

2835392000

Sodium pyrophosphate

5,5

2835399000

Other

5,5

2836200000

Disodium carbonate

2836300000

Sodium hydrogencarbonate (sodium bicarbonate)

5,5

2836400000

Potassium carbonates

5,5

2836500000

Calcium carbonate

5,5

2836600000

Barium carbonate

5,5

2836910000

Lithium carbonates

5,5

2836920000

Strontium carbonate

5,5

2836991010

Magnesium carbonate

5,5

2836991020

Commercial ammonium carbonate and other ammonium carbonates

5,5

2836991090

Other

5,5

2836992000

Peroxocarbonates (percarbonates)

5,5

2837111000

Sodium cyanides

5,5

2837112000

Sodium cyanide oxides

5,5

2837191010

Potassium cyanide

5,5

2837191020

Copper cyanides

5,5

2837191030

Zinc cyanide

5,5

2837191090

Other

5,5

2837192000

Cyanide oxides

5,5

2837201000

Ferrocyanides

5,5

2837202000

Ferricyanides

5,5

2837209000

Other

5,5

2839110000

Sodium metasilicates

2839190000

Other

2839901000

Zirconium silicates

2839902000

Barium silicates

2839909000

Other

2840110000

Anhydrous

2840190000

Other

2840200000

Other borates

2840300000

Peroxoborates (perborates)

2841300000

Sodium dichromate

2841501000

Potassium chromate

5,5

2841509000

Other

5,5

2841610000

Potassium permanganate

5,5

2841691000

Manganites

5,5

2841692000

Manganates

5,5

2841693000

Permanganates

5,5

2841700000

Molybdates

5,5

2841800000

Tungstates (wolframates)

2841901000

Stannates

5,5

2841902010

Barium titannate

5,5

2841902020

Strontium titannate

5,5

2841902030

Lead titannate

5,5

2841902090

Other

5,5

2841903000

Antimonates

5,5

2841904000

Ferrates and ferrites

5,5

2841905000

Vanadates

5,5

2841906000

Bismuthates

5,5

2841909000

Other

5,5

2842101000

Aluminosilicates

6,5

2842109000

Other

5,5

2842901000

Salts of selenium acids

5,5

2842903000

Double or complex salts containing sulphur

5,5

2842905000

Double or complex salts of selenium

5,5

2842909000

Other

5,5

2843101000

Colloidal silver

5,5

2843102000

Colloidal gold

5,5

2843103000

Colloidal platinum

5,5

2843109000

Other

5,5

2843211000

For making semiconductor

5,5

2843219000

Other

5,5

2843291000

For making semiconductor

5,5

2843299000

Other

5,5

2843301000

Potassium gold cyanide for making semiconductor

5,5

2843309000

Other

5,5

2843901000

Amalgams

5,5

2843909010

Platinum compounds

5,5

2843909090

Other

5,5

2844101000

Natural uranium

2844102000

Dispersions (containing natural uranium or natural uranium compounds)

2844109000

Other

2844201000

Uranium enriched in U235

2844202000

Dispersions (containing uranium enriched in U235, plutonium or compounds of these products)

2844209000

Other

2844301000

Dispersions (containing uranium depleted in u235, thorium or compounds of these products)

2844309000

Other

2844401000

Radioactive elements

2844402000

Radioactive isotopes

2844403000

Dispersions (containing radioactive elements, isotopes or compound)

2844409000

Other

2844500000

Spent (irradiated) fuel elements (cartridges) of nuclear reactors

2845100000

Heavy water (deuterium oxide)

2845901000

Heavy hydrogen (deuterium)

2845902000

Isotopes of carbon

2845909000

Other

2846100000

Cerium compounds

2846901000

Yttrium oxide

2846909000

Other

2847002000

For making semiconductor

5,5

2847009000

Other

5,5

2848001000

Of copper (phosphor copper), containing more than 15 % by weight of phosphorus

5,5

2848002000

Aluminium phosphide

5,5

2848009000

Other

5,5

2849100000

Of calcium

5,5

2849200000

Of silicon

2849901000

Complex carbides

5,5

2849909010

Tungsten carbides

5,5

2849909090

Other

5,5

2850001000

Hydrides

5,5

2850002000

Nitrides

5,5

2850003000

Azides

5,5

2850004000

Silicides

5,5

2850005000

Borides

5,5

2852001000

Of subheading 2825.90 , 2827.39 , 2827.49 , 2827.60 , 2830.90 , 2833.29 , 2834.29 , 2835.39 , 2837.19 , 2837.20 , 2841.50 , 2842.10 , 2842.90 , 2843.90 , 2848.00 , 2849.90 , 2850.00 or 2853.00

5,5

2852002000

Of subheading 2918.11 , 2931.00 , 2932.99 , 2934.99.9090 , 3201.90.2000 , 3201.90.4000 , 3206.50 , 3707.90 , 3822.00.1091 or 3822.00.2091

6,5

2852003000

Of subheading 2934.99.2000 , 3822.00.1092 or 3822.00.2092

2852004000

Of subheading 3502.90 or 3504.00

2852005000

Of subheading of 3822.00.101 , 3822.00.102 , 3822.00.1093 , 3822.00.201 , 3822.00.202 or 3822.00.2093

2852006000

Of subheading 3822.00.1099 or 3822.00.2099

–	Of subheading 3822.00.1099 (other)

–	Of subheading 3822.00.2099 (other)

2853001000

Distilled or conductivity water and water of similar purity

5,5

2853002000

Compressed air

5,5

2853003000

Amalgam

5,5

2853004000

Cyanogen and halogen compounds of cyanogen

5,5

2853005000

Alkali amides

5,5

2853009000

Other

5,5

2901101000

Butanes

2901102000

Hexanes

2901103000

Heptanes

2901109000

Other

2901210000

Ethylene

2901220000

Propene (propylene)

2901230000

Butene (butylene) and isomers thereof

2901241000

Buta-1,3-diene

2901242000

Isoprene

2901291000

Hexene

2901292000

Octene

2901299000

Other

2902110000

Cyclohexane

2902190000

Other

2902200000

Benzene

2902300000

Toluene

2902410000

o-xylene

2902420000

m-xylene

2902430000

p-xylene

2902440000

Mixed xylene isomers

2902500000

Styrene

2902600000

Ethylbenzene

2902700000

Cumene

2902901000

Naphthalene

2902902000

Methylnaphthalene

2902903000

Methyl styrene

2902909000

Other

2903111000

Chloromethane (methyl chloride)

5,5

2903112000

Chloroethane (ethyl chloride)

5,5

2903120000

Dichloromethane (methylene chloride)

5,5

2903130000

Chloroform (trichloromethane)

5,5

2903140000

Carbon tetrachloride

5,5

2903150000

Ethylene dichloride (ISO) (1,2 dichloroethane)

2903191000

1,1,1-trichloroethane (methyl chloroform)

5,5

2903199000

Other

5,5

2903210000

Vinyl chloride (chloroethylene)

5,5

2903220000

Trichloroethylene

5,5

2903230000

Tetrachloroethylene (perchloroethylene)

5,5

2903290000

Other

5,5

2903310000

Ethylene dibromide (ISO) (1,2 dibromoethane)

5,5

2903391000

Bromomethane

5,5

2903392000

Bromoethane, excluding 1,2 dibromoethane

5,5

2903393000

Iodomethane

5,5

2903394000

Hexafluoroethane (CFC-116)

5,5

2903395000

1,1-difluoro ethane (HFC-152a)

5,5

2903396000

1,1,1,2-tetra fluoro ethane (HFC-134a)

5,5

2903397000

1,1,3,3,3-penta fluoro 2 (trifluoromethyl)1-propene

5,5

2903399000

Other

5,5

2903410000

Trichlorofluormethane

5,5

2903420000

Dichlorodifluoromethane

5,5

2903430000

Trichlorotrifluoroethanes

5,5

2903441000

Dichlorotetrafluoroethanes (CFC-114)

5,5

2903442000

Chloropentafluoroethane (CFC-115)

5,5

2903451010

Chlorotrifluoromethane (CFC-13)

5,5

2903451090

Other

5,5

2903452010

Pentachlorofluoroethane (CFC-111)

5,5

2903452020

Tetrachlorodifluoroethane (CFC-112)

5,5

2903452090

Other

5,5

2903453010

Heptachlorofluoropropane (CFC-211)

5,5

2903453020

Hexachlorodifluoropropane (CFC-212)

5,5

2903453030

Pentachlorotrifluoropropane (CFC-213)

5,5

2903453040

Tetrachlorotetrafluoropropane (CFC-214)

5,5

2903453050

Trichloropentafluoropropane (CFC-215)

5,5

2903453060

Dichlorohexafluoropropane (CFC-216)

5,5

2903453070

Chloroheptafluoropropane (CFC-217)

5,5

2903453090

Other

5,5

2903461000

Bromochlorodifluoromethane (Halon-1211)

5,5

2903462000

Bromotrifluoromethane (Halon-1301)

5,5

2903463000

Dibromotetrafluoroethane (Halon-2402)

5,5

2903471000

Hydrobromofluorocarbon

5,5

2903479000

Other

5,5

2903491110

Dichlorofluoromethane (HCFC-21)

5,5

2903491120

Chlorodifluoromethane (HCFC-22)

5,5

2903491130

Chlorofluoromethane (HCFC-31)

5,5

2903491190

Other

5,5

2903491210

Dichlorotrifluoroethane (HCFC-123)

5,5

2903491220

Chlorotetrafluoroethane (HCFC-124)

5,5

2903491230

Dichlorofluoroethane (HCFC-141)

5,5

2903491240

Chlorodifluoroethane (HCFC-142)

5,5

2903491290

Other

5,5

2903491310

Dichloropentafluoropropane (HCFC-225)

5,5

2903491390

Other

5,5

2903492000

Derivatives of methane, ethane or propane, halogenated only with fluorine and bromine

5,5

2903499000

Other

5,5

2903510000

1,2,3,4,5,6-Hexachlorocyclohexane (HCH (ISO)), including lindane (ISO, INN)

5,5

2903520000

Aldrin (ISO), chlordane (ISO) and heptachlor (ISO)

5,5

2903590000

Other

5,5

2903611000

Chlorobenzene

5,5

2903619000

Other

5,5

2903621000

Hexachlorobenzene (ISO)

5,5

2903622000

DDT (ISO) (clofenotane (INN), 1,1,1-trichloro-2,2-bis(p-chlorophenyl)ethane)

5,5

2903691000

Benzyl chloride

5,5

2903692010

1,2,4-Trichlorobenzene

5,5

2903692090

Other

5,5

2903693000

Benzotrichloride

5,5

2903699000

Other

5,5

2904101000

Benzene sulphonic acid

5,5

2904109000

Other

5,5

2904201000

Nitrotoluene

5,5

2904209010

Nitrobenzene

5,5

2904209020

4-Nitrobiphenyl and its salts

5,5

2904209090

Other

5,5

2904901000

2,4-dinitrochlorobenzene

5,5

2904902000

p-nitrochlorobenzene

5,5

2904903000

Trichloronitromethane (chloropicrin)

5,5

2904909000

Other

5,5

2905110000

Methanol (methyl alcohol)

2905121000

Propan-1-ol (propyl alcohol)

5,5

2905122010

For making semiconductor

5,5

2905122090

Other

5,5

2905130000

Butan-1-ol (n-butyl alcohol)

2905140000

Other butanols

5,5

2905161000

2-ethylhexyl alcohol

5,5

2905169000

Other

5,5

2905171000

Dodecan-1-ol (lauryl alcohol)

5,5

2905172000

Hexadecan-1-ol (cetyl alcohol)

5,5

2905173000

Octadecan-1-ol (stearyl alcohol)

5,5

2905191000

Heptyl alcohols

5,5

2905192000

Nonyl acohol

5,5

2905193000

Isononyl alcohol

2905194000

Pentanol (amyl alcohol) and isomers thereof

5,5

2905199010

3,3-dimethyl butan-2-ol (pinacolyl alcohol)

2905199020

2-Propyl heptyl alcohol

2905199030

Isodecyl alcohol

2905199090

Other

2905221000

Geraniol, citronellol, linalool, rhodinol and nerol

2905229000

Other

2905290000

Other

2905310000

Ethylene glycol (ethanediol)

2905320000

Propylene glycol (propane-1,2-diol)

5,5

2905391000

1,4-Butanediol

5,5

2905392000

Neopentyl glycol

5,5

2905399000

Other

5,5

2905410000

2-Ethyl-2-(hydroxymethyl)propane-1,3-diol (trimethylolpropane)

5,5

2905420000

Pentaerythritol

5,5

2905430000

Mannitol

2905440000

D-glucitol (sorbitol)

2905450000

Glycerol

2905490000

Other

5,5

2905510000

Ethchlorvynol (INN)

5,5

2905590000

Other

5,5

2906110000

Menthol

2906120000

Cyclohexanol, methylcyclohexanols and dimethylcyclohexanols

5,5

2906131000

Sterols

5,5

2906132000

Inositols

5,5

2906191000

Borneol

5,5

2906192000

Terpineols

5,5

2906199000

Other

5,5

2906210000

Benzyl alcohol

5,5

2906291000

Phenylethyl alcohol

5,5

2906292000

Phenylpropyl alcohol

5,5

2906293000

Cinnamyl alcohol

5,5

2906299000

Other

5,5

2907111000

Phenol

5,5

2907112000

Salts of phenol

5,5

2907121000

Cresols

5,5

2907122000

Salts of cresols

5,5

2907131000

Octylphenol

5,5

2907132000

Nonylphenol

2907139000

Other

5,5

2907151000

Naphthols

5,5

2907152000

Salts of naphthols

5,5

2907191000

Thymol

5,5

2907192000

Xylenols and their salts

5,5

2907199000

Other

5,5

2907211000

Resorcinol

5,5

2907212000

Salts of resorcinol

5,5

2907221000

Hydroquinone

5,5

2907222000

Salts of hydroquinone

5,5

2907231000

4,4′-Isopropylidenediphenol (bisphenol A)

5,5

2907232000

Salts of 4,4′-isopropylidenediphenol (bisphenol A)

5,5

2907291000

Catechol

5,5

2907299000

Other

5,5

2908110000

Pentachlorophenol (ISO)

2908191000

Chlorophenols, excluding pentachlorophenol

2908192000

Tetra bromo bisphenol-A

2908193000

Tribromophenol

2908199000

Other

2908910000

Dinoseb (ISO) and its salts

5,5

2908991000

Naphthol sulphonic acids and their salts

5,5

2908992000

Phenol sulphonic acids

5,5

2908993000

Nitrated derivatives and their salts

5,5

2908994000

Nitrosated derivatives and their salts

5,5

2908999000

Other

5,5

2909110000

Diethyl ether

5,5

2909191000

Bis (chloromethyl) ether

5,5

2909192000

Methyl tertiary butyl ether

5,5

2909199000

Other

5,5

2909201000

Cineole

5,5

2909209000

Other

5,5

2909301000

Anisole

5,5

2909302000

Anethole

5,5

2909303000

Diphenylether

5,5

2909304000

Ambrette musk

5,5

2909305000

Decabromodiphenyl oxide

5,5

2909309010

Material for manufacturing agricultural chemicals (registered material under the Agricultural Chemicals Management Act)

2909309090

Other

5,5

2909410000

2,2′-Oxydiethanol (diethylene glycol, digol)

5,5

2909430000

Monobutyl ethers of ethylene glycol or of diethylene glycol

5,5

2909441000

Monomethyl ethers of ethylene glycol or of diethylene glycol

5,5

2909449000

Other

5,5

2909491000

Triethylene glycol

5,5

2909499000

Other

5,5

2909501000

Eugenol

5,5

2909502000

Isoeugenol

5,5

2909503000

Ether-alcohol-phenols

5,5

2909509000

Other

5,5

2909601000

Alcohol peroxides

5,5

2909602000

Dicumyl peroxide

5,5

2909603000

Methyl ethyl ketone peroxide

5,5

2909609000

Other

5,5

2910100000

Oxirane (ethylene oxide)

2910200000

Methyloxirane (propylene oxide)

5,5

2910300000

1-Chloro-2,3-epoxypropane (epichlorohydrin)

5,5

2910400000

Dieldrin (ISO, INN)

5,5

2910900000

Other

5,5

2911001010

Acetals

5,5

2911001020

Hemiacetals

5,5

2911009000

Other

5,5

2912110000

Methanal (formaldehyde)

5,5

2912120000

Ethanal (acetaldehyde)

5,5

2912191000

Citronellaldehyde

5,5

2912192000

Citral

5,5

2912193000

Butanal (butyraldehyde, normal isomer)

5,5

2912199000

Other

5,5

2912210000

Benzaldehyde

5,5

2912292000

Phenylacetaldehyde

5,5

2912293000

Cinnamaldehyde

5,5

2912294000

Alpha-amylcinnamaldehyde

5,5

2912295000

Cyclamen aldehyde

5,5

2912299000

Other

5,5

2912301000

Hydroxycitronell aldehyde

5,5

2912309000

Other

5,5

2912410000

Vanillin (4-hydroxy-3-methoxybenzaldehyde)

2912420000

Ethylvanillin (3-ethoxy-4-hydroxybenzaldehyde)

5,5

2912491000

3,4,5-trimethoxybenz-aldehyde

5,5

2912499000

Other

5,5

2912501000

Trioxan

5,5

2912502000

Paraldehyde

5,5

2912503000

Metaldehyde

5,5

2912509000

Other

5,5

2912600000

Paraformaldehyde

5,5

2913000000

Halogenated, sulphonated, nitrated or nitrosated derivatives of products of heading 29.12 .

5,5

2914110000

Acetone

5,5

2914120000

Butanone (methyl ethyl ketone)

2914130000

4-Methylpentan-2-one (methyl isobutyl ketone)

5,5

2914191000

3,3-dimethyl-2-butanone (pinacolone)

5,5

2914199000

Other

5,5

2914210000

Camphor

2914221000

Cyclohexanone

2914222000

Methylcyclohexanones

2914231000

Ionones

2914232000

Methylionones

2914291000

Jasmone

2914299000

Other

2914310000

Phenylacetone (phenylpropan-2-one)

5,5

2914390000

Other

5,5

2914401000

Diacetone alcohol (4-Hydroxy-4-methylpentane-2-one)

5,5

2914409000

Other

5,5

2914501000

Ketone-phenols

5,5

2914509000

Other

5,5

2914610000

Anthraquinone

5,5

2914691000

Derivatives of anthraquinone

5,5

2914699010

Qunione-alcohols, quinonephenols, and quinone-aldehydes

5,5

2914699090

Other

5,5

2914701000

Ketone musk

2914709010

Material for manufacturing agricultural chemicals (registered material under the Agricultural Chemicals Management Act)

2914709090

Other

2915110000

Formic acid

5,5

2915121000

Calcium formate

5,5

2915122000

Ammonium formate

5,5

2915129000

Other

5,5

2915131000

Methyl formate

5,5

2915132000

2-ethylhexylchloroformate

5,5

2915139000

Other

5,5

2915210000

Acetic acid

5,5

2915240000

Acetic anhydride

5,5

2915291000

Calcium acetate

5,5

2915292000

Sodium acetate

5,5

2915293000

Cobalt acetate

5,5

2915299000

Other

5,5

2915310000

Ethyl acetate

5,5

2915320000

Vinyl acetate

5,5

2915331000

For making semiconductor

5,5

2915339000

Other

5,5

2915360000

Dinoseb (ISO) acetate

5,5

2915391000

Amyl acetate

5,5

2915392000

Isoamyl acetate

5,5

2915393000

Methyl acetate

5,5

2915394000

Isobutyl acetate

5,5

2915395000

2-Ethoxyethyl acetate

5,5

2915399000

Other

5,5

2915401000

Monochloroacetic acid

5,5

2915409000

Other

5,5

2915500000

Propionic acid, its salts and esters

5,5

2915600000

Butanoic acids, pentanoic acids, their salts and esters

5,5

2915701000

Palmitic acid, its salts and esters

5,5

2915702010

Stearic acid

5,5

2915702020

Magnesium stearate

5,5

2915702030

Lead stearate

5,5

2915702040

Zinc stearate

5,5

2915702050

Barium stearate

5,5

2915702060

Cadmium stearate

5,5

2915702070

Calcium stearate

5,5

2915702080

Butyl stearate

5,5

2915702090

Other

5,5

2915901000

Neodecanoilchloride and pivaloylchloride

5,5

2915909010

2-ethyl hexoic acid

5,5

2915909090

Other

5,5

2916111000

Acrylic acid

6,5

2916119000

Other

6,5

2916121000

Ethyl acrylate

6,5

2916122000

Methyl acrylate

6,5

2916123000

Butyl acrylate

6,5

2916124000

2-ethyl hexyl acrylate

6,5

2916129000

Other

6,5

2916131000

Methacrylic acid

6,5

2916139000

Other

6,5

2916141000

Methyl methacrylate

6,5

2916149000

Other

6,5

2916151000

Oleic acid, its salts and esters

6,5

2916152000

Linoleic acid, its salts and esters

6,5

2916153000

Linolenic acid, its salts and esters

6,5

2916190000

Other

6,5

2916201000

Cyclohexane carboxylic acid

6,5

2916202000

Cyclopentenyl acetic acid

6,5

2916209010

Material for manufacturing agricultural chemicals (registered material under the Agricultural Chemicals Management Act)

2916209090

Other

6,5

2916311000

Benzoic acid

6,5

2916312000

Sodium benzoate

6,5

2916313000

Benzyl benzoates

6,5

2916319010

Material for manufacturing agricultural chemicals (registered material under the Agricultural Chemicals Management Act)

2916319090

Other

6,5

2916321000

Benzoyl peroxide

6,5

2916322000

Benzoyl chloride

6,5

2916341000

Phenylacetic acid

6,5

2916342000

Salts of phenylacetic acid

6,5

2916351000

Ethyl phenyl acetate

6,5

2916352000

Isobutyl phenyl acetate

6,5

2916359000

Other

6,5

2916360000

Binapacryl (ISO)

6,5

2916391000

Cinnamic acid

6,5

2916399010

Material for manufacturing agricultural chemicals (registered material under the Agricultural Chemicals Management Act)

2916399090

Other

6,5

2917111000

Oxalic acid

6,5

2917112000

Salts of oxalic acid

6,5

2917113000

Esters of oxalic acid

6,5

2917121000

Adipic acid

6,5

2917122000

Salts of adipic acid

6,5

2917123010

Dioctyl adipate

6,5

2917123090

Other

6,5

2917131000

Azelaic acid, its salts and esters

6,5

2917132000

Sebacic acid, its salts and esters

6,5

2917140000

Maleic anhydride

6,5

2917191000

Maleic acid

6,5

2917192000

Succinic acid

6,5

2917193000

Sodium succinate

6,5

2917194000

Diethyl malonate

6,5

2917195000

Diisopropyl malonate

6,5

2917199000

Other

6,5

2917200000

Cyclanic, cyclenic or cycloterpenic polycarboxylic acids, their anhydrides, halides, peroxides, peroxyacids and their derivatives

6,5

2917321000

Di-2-ethyl hexyl orthophthalate

6,5

2917329000

Other

6,5

2917331000

Dinonyl orthophthalate

6,5

2917332000

Didecyl orthophthalates

6,5

2917341000

Diheptyl orthophthalate

6,5

2917342000

Diisodecyl orthophthalate

6,5

2917343000

Dibutyl orthophthalates

2917349000

Other

6,5

2917350000

Phthalic anhydride

6,5

2917361000

Terephthalic acid

2917369000

Other

6,5

2917370000

Dimethyl terephthalate

6,5

2917391000

Isophthalic acid

6,5

2917392000

Trioctyltrimellitate (T.O.T.M)

6,5

2917393000

Trimellitic anhydride

6,5

2917399000

Other

6,5

2918111000

Lactic acid

6,5

2918112000

Salts of lactic acid

6,5

2918113000

Esters of lactic acid

6,5

2918120000

Tartaric acid

6,5

2918131000

Salts of tartaric acid

6,5

2918132000

Esters of tartaric acid

6,5

2918140000

Citric acid

2918151010

Calcium citrate

6,5

2918151090

Other

6,5

2918152000

Esters of citric acid

6,5

2918161000

Gluconic acid

6,5

2918162000

Salts of gluconic acid

6,5

2918163000

Esters of gluconic acid

6,5

2918180000

Chlorobenzilate (ISO)

6,5

2918191010

Malic acid

6,5

2918191090

Other

6,5

2918192010

Salts of malic acid

6,5

2918192090

Other

6,5

2918193010

Esters of malic acid

6,5

2918193020

Methyl benzilate

6,5

2918193090

Other

6,5

2918194000

2-diphenyl-2-hydroxyacetic acid (benzilic acid)

6,5

2918199000

Other

6,5

2918211000

Salicylic acid

6,5

2918212010

Sodium salicylate

6,5

2918212090

Other

6,5

2918221000

O-acetylsalicylic acid

6,5

2918222000

Salts of o-acetylsalicylic acid

6,5

2918223000

Esters of o-acetylsalicylic acid

6,5

2918231010

Methyl salicylate

6,5

2918231020

Ethyl salicylate

6,5

2918231090

Other

6,5

2918232000

Salts of other esters of salicylic acid

6,5

2918291000

β-oxynaphthoic acid and its salts

6,5

2918299010

Gallic acid

6,5

2918299020

Parahydroxynaphthoic acid

6,5

2918299030

Parahydroxybenzoic acid

6,5

2918299040

Salts and esters of gallic acid

6,5

2918299090

Other

6,5

2918301000

Material for manufacturing agricultural chemicals (registered material under the Agricultural Chemicals Management Act)

2918309000

Other

6,5

2918910000

2,4,5-T (ISO) (2,4,5-trichlorophenoxyacetic acid), its salts and esters

6,5

2918991000

Material for manufacturing agricultural chemicals (registered material under the Agricultural Chemicals Management Act)

2918999000

Other

6,5

2919100000

Tris(2,3-dibromopropyl) phosphate

6,5

2919901011

Material for manufacturing agricultural chemicals (registered material under the Agricultural Chemicals Management Act)

2919901019

Other

6,5

2919901020

Glycerophosphoric acid

6,5

2919901090

Other

6,5

2919902000

Salts of phosphoric esters

6,5

2919909000

Other

6,5

2920111000

Material for manufacturing agricultural chemicals (registered material under the Agricultural Chemicals Management Act)

2920119000

Other

6,5

2920191000

Material for manufacturing agricultural chemicals (registered material under the Agricultural Chemicals Management Act)

2920199010

0.0-dimethyl-0-(3-methyl-4-nitrophenyl) thiophosphate

6,5

2920199090

Other

6,5

2920901010

Dimethyl sulfate

6,5

2920901020

Diethyl sulfate

6,5

2920901090

Other

6,5

2920902000

Of nitrous and nitric esters

6,5

2920903000

Of carbonic esters

6,5

2920904010

Dimethyl phosphite

6,5

2920904020

Diethyl phosphite

6,5

2920904030

Trimethyl phosphite

6,5

2920904040

Triethyl phosphite

6,5

2920909010

Material for manufacturing agricultural chemicals (registered material under the Agricultural Chemicals Management Act)

2920909090

Other

6,5

2921111010

Methylamine

6,5

2921111020

Salts of methylamine

6,5

2921112010

Dimethylamine

6,5

2921112020

Salts of dimethylamine

6,5

2921113010

Trimethylamine

6,5

2921113020

Salts of trimethylamine

6,5

2921191000

Dimethylaminoethyl chloride hydrochloride

6,5

2921192000

Diethylamine and its salts

6,5

2921199010

Dimethyl laurylamine

6,5

2921199020

Chlormethine(bis (2-chloroethyl) methylamine)

6,5

2921199030

Bis (2-chloroethyl) ethylamine

6,5

2921199040

Trichlormethine(tris (2-chloroethyl) amine)

6,5

2921199050

Di-isopropylamine

6,5

2921199060

N,N-diisopropyl-β-aminoethylchloride

6,5

2921199070

N,N-Dialkyl(methyl, ethyl, n-propyl or isopropyl) 2-chloroethylamines and their protonated salts

6,5

2921199090

Other

6,5

2921211000

Ethylenediamine

6,5

2921212000

Salts of ethylenediamine

6,5

2921221000

Hexamethylenediamine

6,5

2921222000

Hexamethylenediamine adipate

6,5

2921229000

Other

6,5

2921291000

Diethylenetriamine

2921292000

Triethylene tetramine

2921299000

Other

2921301000

Cyclohexylamine

6,5

2921309000

Other

6,5

2921411000

Aniline

6,5

2921412000

Salts of aniline

6,5

2921421000

Nitrohalogenated derivatives of aniline

6,5

2921422000

2,4,5-trichloroaniline

6,5

2921429010

Material for manufacturing agricultural chemicals (registered material under the Agricultural Chemicals Management Act)

2921429090

Other

6,5

2921431000

Para-toluidine-m-sulfonic acid and its salts

6,5

2921432000

2-chloro-para-toluidine-5-sulfonic acid and its salts

6,5

2921433000

3-amino-6-chlorotoluene-4-sulfonic acid and its salts

6,5

2921439010

Toluidines

6,5

2921439091

Material for manufacturing agricultural chemicals (registered material under the Agricultural Chemicals Management Act)

2921439099

Other

6,5

2921441000

Diphenylamine

6,5

2921449000

Other

6,5

2921451000

1-naphthylamine-4-sulfonic acid and its salts

6,5

2921459010

1-Naphthylamine (alpha naphthylamine) and its salts

6,5

2921459020

2-Naphthylamine (beta-naphthylamine) and its salts

6,5

2921459030

2-naphthylamine-3,6,8-trisulfonic acid and its salts

2921459090

Other

6,5

2921460000

Amfetamine (INN), benzfetamine (INN), dexamfetamine (INN), etilamfetamine (INN), fencamfamin (INN), lefetamine (lNN), levamfetamine (INN), mefenorex (INN) and phentermine (INN); salts thereof

6,5

2921491000

Material for manufacturing agricultural chemicals (registered material under the Agricultural Chemicals Management Act)

2921499000

Other

6,5

2921511000

N-Phenyl-N′-isopropyl para phenylenediamine

6,5

2921512000

N-(1,3-Dimethyl butyl)-N′-phenyl-para-phenylene-diamine

6,5

2921519010

o-phenylene diamine

6,5

2921519020

m-phenylene diamine

6,5

2921519030

p-phenylene diamine

6,5

2921519040

Diaminotoluenes

6,5

2921519090

Other

6,5

2921591000

3,3-Dichloro benzidine sulfonic acid salts

6,5

2921599010

Benzidine

6,5

2921599020

Benzidine dihydrochloride

6,5

2921599030

4,4′diaminostilbene-2,2′-disulfonic acid and its salts

6,5

2921599040

Benzidine’s salts other than benzidine dihydrochloride

6,5

2921599050

o-Tolidine and its salts

6,5

2921599090

Other

6,5

2922111000

Monoethanolamine

6,5

2922112000

Salts of monoethanolamine

6,5

2922121000

Diethanolamine

6,5

2922122000

Salts of diethanolamine

6,5

2922131000

Triethanolamine

2922132000

Salts of triethanolamine

6,5

2922140000

Dextropropoxyphene (INN) and its salts

6,5

2922191000

Arylethanolamines

6,5

2922193010

N,N-Dimethyl-2 aminoethanol and its protonated salts

6,5

2922193020

N,N-Diethyl-2-aminoethanol and its protonated salts

6,5

2922193090

Other

6,5

2922194000

Ethyldiethanolamine

6,5

2922195000

Methyldiethanolamine

6,5

2922196000

Diethylaminoethanol

6,5

2922199000

Other

6,5

2922211000

7-amino-1-naphthol-3-sulphonic acid (gamma acid) and its salts

6,5

2922212000

8-amino-1-naphthol-3, 6-disulphonic acid (H acid) and its salts

2922213000

2-amino-5-naphthol-7-disulphonic acid (J acid) and its salts

6,5

2922219000

Other

6,5

2922291000

Para-aminophenol

6,5

2922299010

Meta-aminophenol

6,5

2922299020

Ortho-aminophenol

6,5

2922299030

Amino cresols

6,5

2922299040

Phenetidines and their salts

6,5

2922299090

Other

6,5

2922310000

Amfepramone (INN), methadone (INN) and normethadone (INN); salts thereof

6,5

2922392000

Amino anthraquinons and their salts

6,5

2922393000

Derivatives of amino anthraquinons

6,5

2922399000

Other

6,5

2922411000

Lysine

6,5

2922412000

Esters of lysine

6,5

2922413000

Salts of lysine and its esters

6,5

2922421000

Glutamic acid

2922422000

Sodium glutamate

2922423000

Other salts of glutamic acid

6,5

2922431000

Anthranilic acid

6,5

2922439000

Salts of anthranilic acid

6,5

2922440000

Tilidine (INN) and its salts

6,5

2922491000

Glycine

6,5

2922492000

Alanine

6,5

2922493000

Leucine

6,5

2922494000

Valine

6,5

2922495000

Aspartic acid

6,5

2922496000

Phenylglycine

6,5

2922497000

Ethyl para-amino benzoate

6,5

2922499000

Other

6,5

2922501000

Serine

6,5

2922502000

Para-amino salicylic acid and its salts

6,5

2922503000

1-p-nitrophenol-2-amino-1,3-propane diol

6,5

2922504000

Dialphahydroxyphenylglycine

6,5

2922509010

Material for manufacturing agricultural chemicals (registered material under the Agricultural Chemicals Management Act)

2922509090

Other

6,5

2923101000

Choline

6,5

2923102000

Salts of choline

6,5

2923201000

Lecithins

6,5

2923202000

Other phosphoaminolipids

6,5

2923900000

Other

6,5

2924110000

Meprobamate (INN)

6,5

2924121000

Fluoroacetamide (ISO)

6,5

2924122000

Monocrotophos (ISO)

6,5

2924123000

Phosphamidon (ISO)

6,5

2924191000

Dimethylformamide

6,5

2924192000

Dimethylacetamide

6,5

2924199010

Material for manufacturing agricultural chemicals (registered material under the Agricultural Chemicals Management Act)

2924199090

Other

6,5

2924211000

Material for manufacturing agricultural chemicals (registered material under the Agricultural Chemicals Management Act)

2924219000

Other

6,5

2924230000

2-Acetamidobenzoic acid (N acetylanthranilic acid) and its salts

6,5

2924240000

Ethinamate (INN)

6,5

2924291010

Aminoacetanilide and its derivatives

6,5

2924291020

Acetaminophen

6,5

2924291090

Other

6,5

2924292000

Aceto acetanilide and its derivatives

2924299010

Lidocaine hydrochloride

6,5

2924299091

Iopromide, Iopamidol and Iomeprol

2924299092

Material for manufacturing agricultural chemicals (registered material under the Agricultural Chemicals Management Act)

2924299099

Other

6,5

2925111000

Saccharin

6,5

2925112000

Salts of saccharin

6,5

2925120000

Glutethimide (INN)

6,5

2925191000

Phthalimide

6,5

2925199010

Material for manufacturing agricultural chemicals (registered material under the Agricultural Chemicals Management Act)

2925199090

Other

6,5

2925210000

Chlordimeform (ISO)

6,5

2925291000

Diphenyl guanidine

6,5

2925299010

Material for manufacturing agricultural chemicals (registered material under the Agricultural Chemicals Management Act)

2925299090

Other

6,5

–

Guanidine

–

Other

2926100000

Acrylonitrile

6,5

2926200000

1-Cyanoguanidine (dicyandiamide)

6,5

2926300000

Fenproporex (INN) and its salts; methadone (INN) intermediate (4-cyano-2-dimethylamino-4,4-diphenylbutane)

6,5

2926901000

Acetonitrile

6,5

2926902000

1,4-diamino-2,3-dicyanoanthraquinon

6,5

2926909010

Malono nitrile

6,5

2926909091

Material for manufacturing agricultural chemicals (registered material under the Agricultural Chemicals Management Act)

2926909099

Other

6,5

2927001100

6-nitro-1-diazo-2-naphthol-4-sulfonic acid

6,5

2927001900

Other

6,5

2927002100

Azodicarbonamide

2927002910

Azoisobutyronitrile

2927002990

Other

2927003000

Azoxy-compounds

6,5

2928001000

Phenylhydrazine

6,5

2928009010

Perillartine

6,5

2928009020

Methylethyl ketoxime

6,5

2928009091

Material for manufacturing agricultural chemicals (registered material under the Agricultural Chemicals Management Act)

2928009099

Other

6,5

2929101000

Toluene diisocyanate

6,5

2929102000

Diphenyl methane diisocyanate

6,5

2929109000

Other

6,5

2929901000

Isocyanides

6,5

2929903000

Dialkyl (methyl, ethyl, n-propyl or isopropyl) N,N-dialkyl (methyl, ethyl, n-propyl or isopropyl) phosphoramidates

6,5

2929904000

Diethyl-n,n-dimethylphosphoramidates

6,5

2929905000

o-ethyl-2-diisopropylaminoethyl methylphosphonite

6,5

2929906000

N,N-Dialkyl (methyl, ethyl, n-propyl or isopropyl) phosphoramidic dihalides

6,5

2929909000

Other

6,5

2930201010

Material for manufacturing agricultural chemicals (registered material under the Agricultural Chemicals Management Act)

2930201090

Other

6,5

2930202010

Material for manufacturing agricultural chemicals (registered material under the Agricultural Chemicals Management Act)

2930202090

Other

6,5

2930301000

Thiuram mono-sulphides

6,5

2930302000

Thiuram di-sulphides

6,5

2930303000

Thiuram tetra-sulphides

6,5

2930400000

Methionine

6,5

2930501000

Captafol (ISO)

6,5

2930502000

Methamidophos (ISO)

6,5

2930901000

Sodium-2-amino-4-methylthiobutylate

6,5

2930902010

Thiourea

6,5

2930902020

Thiocarbanilide

6,5

2930902091

Material for manufacturing agricultural chemicals (registered material under the Agricultural Chemicals Management Act)

2930902099

Other

6,5

2930903010

Thioalcohols

6,5

2930903020

Thiophenols

6,5

2930903030

N,N-Diisopropyl-β-aminoethanthiol

6,5

2930903040

N,N-Dialkyl (methyl, ethyl, n-propyl or isopropyl) aminoethane-2-thiols and their protonated salts

6,5

2930904010

Thiodiglycol (bis(2-hydroxyethyl) sulphide)

6,5

2930904020

Thioaniline

6,5

2930904090

Other

6,5

2930905010

2-Chloroethylchloromethylsulphide

6,5

2930905020

Bis (2-chloroethyl) sulphide

6,5

2930905030

Bis (2-chloroethylthio) methane

6,5

2930905040

1,2-Bis (2-chloroethylthio) ethane

6,5

2930905050

1,3-Bis (2-chloroethylthio)-n-propane

6,5

2930905060

1,4-Bis (2-chloroethylthio)-n-butane

6,5

2930905070

1,5-Bis (2-chloroethylthio)-n-pentane

6,5

2930905081

Bis(2-chloroethylthiomethyl)ether

6,5

2930905082

Bis(2-chloroethylthioethyl)ether

6,5

2930905090

Other

6,5

2930906000

[S-2-(dialkyl (methyl, ethyl, n-propyl or isopropyl)amino) ethyl] hydrogen alkyl (methyl, ethyl, n-propyl or isopropyl)phosphonothioates and their O-alkyl (≤ C10, including cycloalkyl) esters; alkylated or protonated salts thereof

6,5

2930907000

O,O-Diethyl s-[2-(diethylamino) ethyl] phosphorothioate and its alkylated or protonated salts

6,5

2930908000

O-Ehtyl, S-phenyl ethylphosphonothiolothionate (fonofos)

6,5

2930909010

Thioacids

6,5

2930909020

Isothiocyanates

6,5

2930909030

Cysteine

6,5

2930909040

Cystine

6,5

2930909050

Glutathion

6,5

2930909060

8-Chloro-6-tosylotinic acid ethyl ester

6,5

2930909070

Containing a phosphorus atom to which is bonded one methyl, ethyl, n-propyl or isopropyl group but not further carbon atoms

6,5

2930909080

Dithiocarbonates (xanthates)

6,5

2930909091

Material for manufacturing agricultural chemicals (registered material under the Agricultural Chemicals Management Act)

2930909099

Other

6,5

2931002010

2-Chlorovinyldichloroarsine

6,5

2931002020

Bis (2-chlorovinyl) chloroarsine

6,5

2931002030

Tris (2-chlorovinyl) arsine

6,5

2931002091

Material for manufacturing agricultural chemicals (registered material under the Agricultural Chemicals Management Act)

2931002099

Other

6,5

2931003100

[O-2-(dialkyl(methyl,ethyl, n-propyl or isopropyl)amino)ethyl]hydrogen alkyl (methyl,ethyl, n-propyl or isopropyl) phosphonites and their O-alkyl (≤ C10, including cycloalkyl)esters; alkylated or protonated salts thereof

6,5

2931003300

O-Isopropyl methylphosphonochloridate

6,5

2931003400

O-Pinacolyl methylphosphonochloridate

6,5

2931003500

O-Alkyl (≤ C10,including cycloalkyl) alkyl (methyl, ethyl, n-propyl or isopropyl) phosphonofluoridates

6,5

2931003700

O-Alkyl (< C10,including.cycloalkyl) N,N-dialkyl (methyl, ethyl, n-propyl or isopropyl) phosphoramidocyanidates

6,5

2931003911

Dimethyl methylphosphonate

6,5

2931003912

Diethyl ethylphosphonate

6,5

2931003913

Diethyl methylphosphonate

6,5

2931003914

Dimethyl ethylphosphonate

6,5

2931003915

Material for manufacturing agricultural chemicals (registered material under the Agricultural Chemicals Management Act)

2931003919

Others

6,5

2931004010

Alkyl (methyl, ethyl, n-propyl or isopropyl)phosphonyl difluorides

6,5

2931004090

Other

6,5

2931005010

Methyl phosphonyl dichloride

6,5

2931005020

Methyl phosphinyl dichloride

6,5

2931005030

Ethyl phosphonyl dichloride