AGREEMENT BETWEENTHE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND JAPANFOR A COMPREHENSIVE ECONOMIC PARTNERSHIPTABLE OF CONTENTS
PREAMBLE
CHAPTER 1

GENERAL PROVISIONS (Articles 1.1 to 1.9)

CHAPTER 2

TRADE IN GOODSSECTION A

General provisions (Articles 2.1 to 2.5)

SECTION B

National treatment and market access for goods (Articles 2.6 to 2.21)

SECTION C

Facilitation of wine product export (Articles 2.22 to 2.30)

SECTION D

Other provisions (Articles 2.31 to 2.34)

CHAPTER 3

RULES OF ORIGIN AND ORIGIN PROCEDURESSECTION A

Rules of origin (Articles 3.1 to 3.15)

SECTION B

Origin procedures (Articles 3.16 to 3.26)

SECTION C

Miscellaneous (Articles 3.27 and 3.28)

CHAPTER 4

CUSTOMS MATTERS AND TRADE FACILITATION (Articles 4.1 to 4.14)

CHAPTER 5

TRADE REMEDIESSECTION A

General provisions (Article 5.1)

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SECTION B

Bilateral safeguard measures (Articles 5.2 to 5.8)

SECTION C

Global safeguard measures (Articles 5.9 and 5.10)

SECTION D

Anti-dumping and countervailing measures (Articles 5.11 to 5.15)

CHAPTER 6

SANITARY AND PHYTOSANITARY MEASURES (Articles 6.1 to 6.16)

CHAPTER 7

TECHNICAL BARRIERS TO TRADE (Articles 7.1 to 7.15)

CHAPTER 8

TRADE IN SERVICES, INVESTMENT LIBERALISATION AND
ELECTRONIC COMMERCE

SECTION A

General provisions (Articles 8.1 to 8.5)

SECTION B

Investment liberalisation (Articles 8.6 to 8.13)

SECTION C

Cross-border trade in services (Articles 8.14 to 8.19)

SECTION D

Entry and temporary stay of natural persons (Articles 8.20 to 8.28)

SECTION E

Regulatory framework

SUB-SECTION 1

Domestic regulation (Articles 8.29 to 8.32)

SUB-SECTION 2

Provisions of general application (Articles 8.33 to 8.35)

SUB-SECTION 3

Postal and courier services (Articles 8.36 to 8.40)

SUB-SECTION 4

Telecommunications services (Articles 8.41 to 8.57)

SUB-SECTION 5

Financial services (Articles 8.58 to 8.67)

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SUB-SECTION 6International maritime transport services(Articles 8.68 and 8.69)

SECTION F
CHAPTER 9

Electronic commerce (Articles 8.70 to 8.86)

CAPITAL MOVEMENTS, PAYMENTS AND TRANSFERS ANDTEMPORARY SAFEGUARD MEASURES (Articles 9.1 to 9.4)

CHAPTER 10

GOVERNMENT PROCUREMENT (Articles 10.1 to 10.17)

CHAPTER 11

COMPETITION POLICY (Articles 11.1 to 11.10)

CHAPTER 12

SUBSIDIES (Articles 12.1 to 12.10)

CHAPTER 13

STATE-OWNED ENTERPRISES, ENTERPRISES GRANTED SPECIALRIGHTS OR PRIVILEGES AND DESIGNATED MONOPOLIES(Articles 13.1 to 13.8)

CHAPTER 14

INTELLECTUAL PROPERTYSECTION A

General provisions (Articles 14.1 to 14.7)

SECTION B

Standards concerning intellectual property

SUB-SECTION 1

Copyright and related rights (Articles 14.8 to 14.19)

SUB-SECTION 2

Trademarks (Articles 14.20 to 14.25)

SUB-SECTION 3

Geographical indications (Articles 14.26 to 14.34)

SUB-SECTION 4

Industrial designs (Articles 14.35 and 14.36)

SUB-SECTION 5

Unregistered appearance of products (Article 14.37)

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SUB-SECTION 6

Patents (Articles 14.38 to 14.40)

SUB-SECTION 7

Trade secrets and undisclosed test or other data
(Articles 14.41 and 14.42)

SUB-SECTION 8

New varieties of plants (Article 14.43)

SUB-SECTION 9

Unfair competition (Article 14.44)

SECTION C

Enforcement

SUB-SECTION 1

General provisions (Articles 14.45 and 14.46)

SUB-SECTION 2

Enforcement – civil remedies (Articles 14.47 to 14.55)

SUB-SECTION 3

Enforcement of protection against misappropriation of trade
secrets (Article 14.56)

SUB-SECTION 4

Enforcement – border measures (Article 14.57)

SUB-SECTION 5

Enforcement – criminal remedies (Article 14.58)

SUB-SECTION 6

Enforcement in the digital environment (Article 14.59)

SECTION D

Cooperation and institutional arrangements (Articles 14.60 to 14.63)

CHAPTER 15

CORPORATE GOVERNANCE (Articles 15.1 to 15.7)

CHAPTER 16

TRADE AND SUSTAINABLE DEVELOPMENT (Articles 16.1 to 16.18)

CHAPTER 17

TRANSPARENCY (Articles 17.1 to 17.9)

CHAPTER 18

GOOD REGULATORY PRACTICES AND REGULATORY COOPERATION

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SECTION A

Good regulatory practices and regulatory cooperation

SUB-SECTION 1

General provisions (Articles 18.1 to 18.3)

SUB-SECTION 2

Good regulatory practices (Articles 18.4 to 18.11)

SUB-SECTION 3

Regulatory cooperation (Articles 18.12 and 18.13)

SUB-SECTION 4

Institutional provisions (Articles 18.14 to 18.16)

SECTION B

Animal welfare (Article 18.17)

SECTION C

Final provisions (Articles 18.18 and 18.19)

CHAPTER 19

COOPERATION IN THE FIELD OF AGRICULTURE (Articles 19.1 to 19.8)

CHAPTER 20

SMALL AND MEDIUM-SIZED ENTERPRISES (Articles 20.1 to 20.5)

CHAPTER 21

TRADE AND WOMEN'S ECONOMIC EMPOWERMENT(Articles 21.1 to 21.4)

CHAPTER 22

DISPUTE SETTLEMENTSECTION A

Objective, scope and definitions (Articles 22.1 to 22.3)

SECTION B

Consultations and mediation (Articles 22.4 to 22.6)

SECTION C

Panel procedure (Articles 22.7 to 22.24)

SECTION D

General provisions (Articles 22.25 to 22.30)

CHAPTER 23

INSTITUTIONAL PROVISIONS (Articles 23.1 to 23.6)

CHAPTER 24

FINAL PROVISIONS (Articles 24.1 to 24.7)
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ANNEXES (only the existing Annexes are listed):
ANNEX 2-A

TARIFF ELIMINATION AND REDUCTION

ANNEX 2-B

LIST OF GOODS REFERRED TO IN ARTICLES 2.15 AND 2.17

ANNEX 2-C

MOTOR VEHICLES AND PARTSAPPENDIX 2-C-1

UN REGULATIONS APPLIED BY BOTH PARTIESAPPENDIX 2-C-2

UN REGULATIONS APPLIED BY ONE OF THE PARTIES ANDNOT YET CONSIDERED BY THE OTHER PARTY

ANNEX 2-D

FACILITATION OF SHOCHU EXPORTANNEX 2-E

FACILITATION OF WINE PRODUCT EXPORTANNEX 3-A

INTRODUCTORY NOTES TO PRODUCT SPECIFIC RULES OF ORIGIN

ANNEX 3-B

PRODUCT SPECIFIC RULES OF ORIGIN

APPENDIX 3-B-1

PROVISIONS RELATED TO CERTAIN VEHICLES AND PARTSOF VEHICLESANNEX 3-C

PRODUCTS REFERRED TO IN ARTICLE 3.5

ANNEX 3-D

INFORMATION REFERRED TO IN ARTICLE 3.5

ANNEX 3-E

TEXT OF THE STATEMENT ON ORIGIN

ANNEX 6

FOOD ADDITIVES

ANNEX 8-A

REGULATORY COOPERATION IN FINANCIAL SERVICES

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ANNEX 8-B

SCHEDULES FOR CHAPTER 8

ANNEX IRESERVATIONS FOR EXISTING MEASURESANNEX IIRESERVATIONS FOR FUTURE MEASURESANNEX III

BUSINESS VISITORS FOR ESTABLISHMENT PURPOSES,INTRA-CORPORATE TRANSFEREES, INVESTORS AND
SHORT-TERM BUSINESS VISITORSANNEX IVCONTRACTUAL SERVICE SUPPLIERS AND INDEPENDENTPROFESSIONALS

APPENDIX IV LIMITATIONS OF BUSINESS ACTIVITIES OF CONTRACTUALSERVICE SUPPLIERS AND INDEPENDENT PROFESSIONALSIN JAPAN
ANNEX 8-C

UNDERSTANDING ON MOVEMENT OF NATURAL PERSONS FOR
BUSINESS PURPOSES

ANNEX 10

GOVERNMENT PROCUREMENT

ANNEX 14-A

LAWS AND REGULATIONS OF THE PARTIES RELATED TO
GEOGRAPHICAL INDICATIONSANNEX 14-B

LIST OF GEOGRAPHICAL INDICATIONSPROTOCOL ON MUTUAL RECOGNITION

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PREAMBLE
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND (hereinafterreferred to as "the United Kingdom") and JAPAN (hereinafter referred to collectively as "theParties"),
CONSCIOUS of their longstanding and strong partnership based on common principles and values,
and of their important economic, trade and investment relationship;
RECOGNISING the importance of strengthening their economic, trade and investment relations, inaccordance with the objective of sustainable development in the economic, social andenvironmental dimensions, and of promoting trade and investment between them, mindful of theneeds of the business communities of each Party, in particular small and medium-sized enterprises,
and of high levels of environmental and labour protection through relevant internationallyrecognised standards and international agreements to which both Parties are party;
RECOGNISING that this Agreement contributes to enhancing consumer welfare through policies
ensuring a high level of consumer protection and economic well-being;
REALISING that a dynamic and rapidly changing global environment brought about by
globalisation and closer integration among economies in the world presents many new economic
challenges and opportunities to the Parties, particularly the growing significance of digital trade
based on the principle of the free flow of data;
RECOGNISING that their economies are endowed with conditions to complement each other andthat this complementarity should contribute to further promoting the development of trade andinvestment between the Parties by making use of their respective economic strengths throughbilateral trade and investment activities;

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BELIEVING that creating a clearly established and secured trade and investment framework
through mutually advantageous rules to govern trade and investment between the Parties would
enhance the competitiveness of their economies, make their markets more efficient and vibrant andensure predictable commercial environment for further expansion of trade and investment between
them;
REAFFIRMING their commitment to the Charter of the United Nations and having regard to theprinciples articulated in the Universal Declaration of Human Rights;
RECOGNISING the importance of transparency in international trade and investment to the benefitof all stakeholders;
SEEKING to establish clear and mutually advantageous rules governing trade and investment
between the Parties and to reduce or eliminate barriers thereto;
SEEKING to increase women's access to and ability to benefit from the opportunities created bythis Agreement and to support the conditions for women to participate equitably in the domestic andglobal economy;RESOLVED to contribute to the harmonious development and expansion of international trade andinvestment by removing obstacles thereto through this Agreement and to avoid creating new
barriers to trade or investment between the Parties that could reduce the benefits of this Agreement;
BUILDING on their respective rights and obligations under the WTO Agreement and othermultilateral, regional and bilateral agreements to which both Parties are party; andDETERMINED to establish a legal framework for strengthening their economic partnership,
HAVE AGREED AS FOLLOWS:

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CHAPTER 1
GENERAL PROVISIONSARTICLE 1.1
Objectives
The objectives of this Agreement are to liberalise and facilitate trade and investment, as well as topromote a closer economic relationship between the Parties.

ARTICLE 1.2
General definitions
For the purposes of this Agreement, unless otherwise specified:(a)"Agreement on Agriculture" means the Agreement on Agriculture in Annex 1A to the WTO
Agreement;(b)"Agreement on Anti-Dumping" means the Agreement on Implementation of Article VI of theGeneral Agreement on Tariffs and Trade 1994 in Annex 1A to the WTO Agreement;(c)"Agreement on Import Licensing Procedures" means the Agreement on Import Licensing
Procedures in Annex 1A to the WTO Agreement;(d)"Agreement on Safeguards" means the Agreement on Safeguards in Annex 1A to the WTO
Agreement;(e)"CPC" means the Provisional Central Product Classification (Statistical Papers Series M No.
77, Department of International Economic and Social Affairs, Statistical Office of the United
Nations, New York, 1991);
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(f)"customs authority" means:(i)for the United Kingdom, Her Majesty's Revenue and Customs and any other authority
responsible for customs matters within the customs territory of the United Kingdom;
and

(ii)
(g)

for Japan, the Ministry of Finance;"customs legislation" means any laws and regulations of a Party, governing the import, export
and transit of goods and placing of goods under any other customs procedures, including
measures of prohibitions, restrictions and controls falling under the competence of the customs
authority;(h)"customs territory" means:(i)for the United Kingdom, the territories of the United Kingdom, the Bailiwicks of
Guernsey and Jersey and the Isle of Man; and(ii)

for Japan, the territory with respect to which the customs legislation of Japan is inforce;(i)"days" means calendar days;(j)"DSU" means the Understanding on Rules and Procedures Governing the Settlement of
Disputes in Annex 2 to the WTO Agreement;(k)"EU-Japan EPA" means the Agreement between the European Union and Japan for an
Economic Partnership, done at Tokyo on 17 July 2018;(l)"GATS" means the General Agreement on Trade in Services in Annex 1B to the WTO
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(m) "GATT 1994" means the General Agreement on Tariffs and Trade 1994 in Annex 1A to the
WTO Agreement; for the purposes of this Agreement, references to articles in the GATT 1994
include the interpretative notes;(n)"GPA" means the Agreement on Government Procurement in Annex 4 to the WTO
Agreement1;(o)"Harmonized System" or "HS" means the Harmonized Commodity Description and Coding
System, including its General Rules for the Interpretation, Section Notes, Chapter Notes andSubheading Notes;(p)"IMF" means the International Monetary Fund;(q)"measure" means any measure, whether in the form of a law, regulation, rule, procedure,
decision, practice, administrative action, or in any other form;(r)"natural person of a Party" means a national of a Party in accordance with its applicable laws
and regulations;(s)"person" means a natural person or a legal person;(t)"SCM Agreement" means the Agreement on Subsidies and Countervailing Measures inAnnex 1A to the WTO Agreement;(u)"SPS Agreement" means the Agreement on the Application of Sanitary and Phytosanitary
Measures in Annex 1A to the WTO Agreement;(v)"TBT Agreement" means the Agreement on Technical Barriers to Trade in Annex 1A to the
WTO Agreement;

1

For greater certainty, the "GPA" shall be understood to be the GPA as amended by theProtocol Amending the Agreement on Government Procurement, done at Geneva on 30
March 2012.
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(w) "territory" means the area to which this Agreement applies in accordance with Article 1.3; 1(x)"TFEU" means the Treaty on the Functioning of the European Union;(y)"TRIPS Agreement" means the Agreement on Trade-Related Aspects of Intellectual Property
Rights in Annex 1C to the WTO Agreement;(z)"WIPO" means the World Intellectual Property Organization;(aa) "WTO" means the World Trade Organization; and(bb) "WTO Agreement" means the Marrakesh Agreement Establishing the World Trade
Organization, done at Marrakesh on 15 April 1994.

ARTICLE 1.3
Territorial application
1.

This Agreement applies:(a)for the United Kingdom, to the territory of the United Kingdom; and(b)

for Japan, to the territory of Japan.

2.

Unless otherwise specified, this Agreement also applies to all the areas beyond each Party's

territorial sea, including the sea-bed and subsoil thereof, over which that Party exercises sovereign
rights or jurisdiction in accordance with international law including the United Nations Convention
on the Law of the Sea, done at Montego Bay on 10 December 1982 and its laws and regulations
which are consistent with international law.

1

This definition does not apply to "territory" used in subparagraph (h), Article 1.3 and Article
1.8.
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3.

As regards the provisions of this Agreement concerning customs matters, this Agreement also

applies to those areas of the customs territory of the United Kingdom not covered by subparagraph
1(a).
4.

Notwithstanding subparagraph 1(a) and paragraph 2, for the United Kingdom, the Protocol on

Mutual Recognition applies to its customs territory.
5.

To the extent that application of this Agreement is not provided for under paragraphs 1 to 4, at

the time of entry into force of this Agreement, or at any time thereafter, this Agreement, or specified
provisions of this Agreement, may be extended to such territories for whose international relations
the Government of the United Kingdom is responsible, as may be agreed between the Governmentsof the Parties in an exchange of diplomatic notes.
6.

At any time after an extension in accordance with paragraph 5, the United Kingdom may

notify Japan that this Agreement shall no longer apply to a territory for whose international
relations the Government of the United Kingdom is responsible. To this end, the procedure set out
in paragraph 2 of Article 24.4 shall apply, mutatis mutandis.

ARTICLE 1.4
Taxation1.

For the purposes of this Article:(a)"residence" means residence for tax purposes;(b)"tax agreement" means an agreement for the avoidance of double taxation or any otherinternational agreement or arrangement relating wholly or mainly to taxation to which a Partyis party; and(c)"taxation measure" means a measure in application of the tax legislation of a Party.

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2.

This Agreement applies to taxation measures only in so far as such application is necessary togive effect to the provisions of this Agreement.

3.

Nothing in this Agreement shall affect the rights and obligations of a Party under any tax
agreement. In the event of any inconsistency between this Agreement and any such tax
agreement, the tax agreement shall prevail to the extent of the inconsistency. With regard to a
tax agreement between the Parties, the relevant competent authorities under this Agreement andthat tax agreement shall jointly determine whether an inconsistency exists between thisAgreement and the tax agreement.

4.

Any most-favoured-nation obligation in this Agreement shall not be applicable with respect toan advantage accorded by a Party pursuant to a tax agreement.

5.

The Joint Committee established pursuant to Article 23.1 may decide on a different scope of theapplication of dispute settlement under Chapter 22 with respect to taxation measures.

6.

Subject to the requirement that taxation measures are not applied in a manner which would
constitute a means of arbitrary or unjustifiable discrimination between the Parties where likeconditions prevail, or a disguised restriction on trade and investment, nothing in this Agreement
shall be construed to prevent the adoption, maintenance or enforcement by a Party of any
taxation measure aimed at ensuring the equitable or effective imposition or collection of taxes
such as measures:(a)distinguishing between taxpayers who are not in the same situation, in particular with regard totheir place of residence or the place where their capital is invested; or(b)preventing the avoidance or evasion of taxes pursuant to the provisions of any tax agreement
or domestic tax legislation.

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ARTICLE 1.5
Security exceptions
1.

Nothing in this Agreement shall be construed:(a)as requiring a Party to provide any information the disclosure of which it considers contrary to
its essential security interests;(b)

as preventing a Party from taking any action, which it considers necessary for the protectionof its essential security interests, including action:(i)relating to fissionable and fusionable materials or the materials from which they arederived;(ii)

relating to the production of or trade in arms, ammunition and implements of war aswell as to the production of or trade in other goods and materials as carried out directly
or indirectly for the purpose of supplying a military establishment;(iii) relating to the supply of services as carried out directly or indirectly for the purpose ofprovisioning a military establishment; or(iv) taken in time of war or other emergency in international relations; or(c)as preventing a Party from taking any action in pursuance of its obligations under the Charterof the United Nations for the purpose of maintaining international peace and security.

2.

Notwithstanding paragraph 1,(a)for the purposes of Chapter 10, Article III of the GPA applies; and(b)for the purposes of Chapter 14, Article 14.62 applies.

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ARTICLE 1.6
Confidential information
1.

Unless otherwise provided for in this Agreement, nothing in this Agreement shall require a Party

to provide confidential information the disclosure of which would impede the enforcement of its laws
and regulations, or otherwise be contrary to the public interest, or which would prejudice legitimate
commercial interests of particular enterprises, public or private.
2.

When, under this Agreement, a Party provides the other Party with information which isconsidered as confidential under its laws and regulations, the other Party shall maintain theconfidentiality of the information provided, unless the Party providing the information agrees
otherwise.

ARTICLE 1.7
Fulfilment of obligations and delegated authority
1.

Each Party shall ensure that all necessary measures are taken in order to give effect to theprovisions of this Agreement.
2.

Unless otherwise specified in this Agreement, each Party shall ensure that any person or entity

to which the Party has delegated regulatory or administrative authority to fulfil the Party's obligations
under this Agreement acts in accordance with those obligations in the exercise of such delegatedauthority.
3.

For greater certainty, neither Party shall be released from its obligations under this Agreementin the event of non-compliance with the provisions of this Agreement by any of its governmental
levels or non-governmental bodies in the exercise of powers delegated by the Party to them.

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ARTICLE 1.8
Laws and regulations and their amendments
1.

Where reference is made in this Agreement to laws and regulations of a Party, those laws andregulations shall be understood to include amendments thereto, unless otherwise specified.
2.

Unless otherwise specified, where reference is made in this Agreement to laws andregulations of the European Union, it shall be understood as a reference to those laws andregulations of the European Union as incorporated or implemented in the laws and regulations of
the United Kingdom in accordance with the European Union (Withdrawal) Act 2018 and includes
subsequent amendments by the United Kingdom, if they exist, to those laws and regulations before
the date of entry into force of this Agreement.
3.

As regards the provisions of this Agreement which, in accordance with paragraphs 3 to 5 of

Article 1.3, apply to a territory for whose international relations the Government of the United
Kingdom is responsible:(a)unless otherwise specified, where reference is made to laws and regulations of the European
Union, it shall, in respect of that territory, be understood as a reference to those laws andregulations of the European Union as incorporated or implemented in the laws and regulationsof that territory on the day following the date on which the EU-Japan EPA ceases to apply to
the United Kingdom and includes any subsequent amendments, if they exist, to those laws
and regulations before the date on which the provisions of this Agreement containing thereference begins to apply to that territory; and(b)where reference is made to laws and regulations of the United Kingdom, it shall, in respect ofthat territory, be understood as a reference to the corresponding laws and regulations of that
territory.

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ARTICLE 1.9
Relation to other agreements
1.

The existing agreements between the Parties are not superseded or terminated by thisAgreement.
2.

Nothing in this Agreement shall require either Party to act in a manner inconsistent with its

obligations under the WTO Agreement.
3.

In the event of any inconsistency between this Agreement and any agreement other than the

WTO Agreement to which both Parties are party, the Parties shall immediately consult with each otherwith a view to finding a mutually satisfactory solution.
4.

Where international agreements 1 are referred to in or incorporated into this Agreement, inwhole or in part, they shall be understood to include amendments thereto or their successor
agreements entering into force for both Parties on or after the date of signature of this Agreement. If
any matter arises regarding the implementation or application of the provisions of this Agreement asa result of such amendments or successor agreements, the Parties may, on request of either Party,
consult with each other with a view to finding a mutually satisfactory solution to this matter asnecessary.
5. (a) In the event of an inconsistency between this Agreement and the Protocol on Ireland/Northern
Ireland to the Agreement on the Withdrawal of the United Kingdom of Great Britain andNorthern Ireland from the European Union and the European Atomic Energy Community,
signed in London and Brussels on 24 January 2020, this Agreement shall not prevent a Party
from taking a particular measure not consistent with the obligations under this Agreement andrelating to the inconsistency between this Agreement and that Protocol, provided that such ameasure is not applied in a manner that would constitute a means of arbitrary or unjustified
discrimination against the other Party or a disguised restriction on trade.

1

The international agreements referred to in or incorporated into this Agreement shall be
understood to include their most recent amendments having entered into force for both Parties
before the date of signature of this Agreement.
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(b)In that event, a Party shall notify the other Party of such a measure and promptly provide, onrequest of the other Party, supplementary information or clarification thereon, and the Parties
shall hold consultations, on request of either Party, in relation to the effects of the measure on
this Agreement, and seek a mutually acceptable solution.

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CHAPTER 2
TRADE IN GOODSSECTION A
General provisions

ARTICLE 2.1
Objective
The objective of this Chapter is to facilitate trade in goods between the Parties and to progressively
liberalise trade in goods in accordance with the provisions of this Agreement.

ARTICLE 2.2
Scope
Unless otherwise provided for in this Agreement, this Chapter applies to trade in goods between theParties.

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ARTICLE 2.3
Definitions
For the purposes of this Chapter:(a)"export licensing procedures" means administrative procedures, whether or not referred to as
licensing, used by a Party for the operation of export licensing regimes requiring thesubmission of an application or other documentation, other than that required for customs
procedures, to the relevant administrative body as a prior condition for exportation from that
Party;(b)"non-automatic import or export licensing procedures" means licensing procedures whereapproval of the application is not granted for all persons who fulfil the requirements of theParty concerned for engaging in import or export operations involving the goods subject tothose licensing procedures; and(c)"originating" means qualifying as originating in a Party under the provisions of Chapter 3.

ARTICLE 2.4
Customs duty
Each Party shall reduce or eliminate customs duties pursuant to paragraph 1 of Article 2.8. For the
purposes of this Chapter, "customs duties" means any duty or charge of any kind imposed on or inconnection with the importation of a good, including any form of surtax or surcharge imposed on orin connection with such importation, but does not include any:(a)charge equivalent to an internal tax imposed in accordance with Article III of GATT 1994;22- 22 -

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(b)duty applied in accordance with Articles VI and XIX of GATT 1994, the Agreement on
Anti-Dumping, the SCM Agreement, the Agreement on Safeguards and Article 22 of the
DSU; and(c)fees or other charges imposed in accordance with Article 2.16.

ARTICLE 2.5
Agricultural safeguards
1.

Agricultural goods qualifying as originating goods of a Party (hereinafter referred to as"originating agricultural goods") shall not be subject to any duties applied by the other Party
pursuant to a special safeguard measure taken under the Agreement on Agriculture.
2.

Agricultural safeguard measures on the originating agricultural goods under this Agreement

may be applied in accordance with Section C of Part 3 of Annex 2-A.

SECTION B
National treatment and market access for goods

ARTICLE 2.6
Classification of goods
The classification of goods in trade between the Parties shall be in conformity with the Harmonized
System.

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ARTICLE 2.7
National treatment
Each Party shall accord national treatment to the goods of the other Party in accordance with
Article III of GATT 1994. To that end, Article III of GATT 1994 is incorporated into and made partof this Agreement, mutatis mutandis.

ARTICLE 2.8
Reduction and elimination of customs duties on imports
1.

Unless otherwise provided for in this Agreement, each Party shall reduce or eliminate

customs duties on originating goods of the other Party in accordance with Annex 2-A.
2.

Where a Party reduces its most-favoured-nation applied rate of customs duty, that duty rateshall apply to an originating good of the other Party if, and for as long as, it is lower than thecustoms duty rate on the same good calculated in accordance with Annex 2-A.
3. (a) The treatment of originating goods of a Party classified under the tariff lines indicatedwith "S" in the Column "Note" in the Schedule of the United Kingdom in Section B of Part 2of Annex 2-A and in the Schedule of Japan in Section D of Part 3 of Annex 2-A, shall be
subject to review by the Parties in the fifth year following the date of entry into force of thisAgreement or in a year on which the Parties otherwise agree, whichever comes first. The
review shall proceed with a view to improving market access conditions through, for example,
measures such as faster reduction or elimination of customs duties, streamlining of tendering
processes, and improving the design and operation of the scheme set out in Section B of Part
3 of Annex 2, as well as addressing issues related to levies.

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(b)The Parties shall commence a review of treatment of originating agricultural goods other thanthose covered by subparagraph (a) in the fifth year following the date of entry into force of
this Agreement, with a view to improving market access conditions through, for example,
measures such as faster reduction or elimination of customs duties, streamlining of tendering
processes, and improving the design and operation of the scheme set out in Section B of Part
3 of Annex 2-A, as well as addressing issues related to levies.

4.

Where a Party grants a larger or faster tariff reduction, higher quota or any other morefavourable treatment than that provided for under this Agreement to a third country based on aninternational agreement for goods covered by subparagraph 3(a) which affects the balance in the
United Kingdom's or Japan's market of such goods, the Parties shall, with a view to ensuring thatthe other Party obtains at least the same preference, commence such a review within three monthsof the date of entry into force of the international agreement between the United Kingdom and thatthird country or between Japan and that third country, and will conduct the review with the aim ofconcluding it within six months of the same date.

ARTICLE 2.9
Goods re-entered after repair and alteration
1.

A Party shall not apply a customs duty to a good, regardless of its origin, that re-enters its

customs territory after having been temporarily exported from its customs territory to the customs
territory of the other Party for repair or alteration, regardless of whether that repair or alteration
could have been performed in the customs territory of the former Party, provided that the goodconcerned re-enters the customs territory of that former Party within the period as specified in its
laws and regulations.

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2.

Paragraph 1 does not apply to a good in the customs territory of a Party under customs control

without payment of import duties and taxes that is exported for repair or alteration and that does not
re-enter the customs territory under customs control without payment of import duties and taxes.
3.

A Party shall not apply a customs duty to a good, regardless of its origin, imported

temporarily from the customs territory of the other Party for repair or alteration, provided that thegood is re-exported from the customs territory of the importing Party within the period specified in
its laws and regulations.
4.

For the purposes of this Article, "repair" or "alteration" means any operation or process

undertaken on a good to remedy operational defects or material damage and entailing there-establishment of the good to its original function, or to ensure its compliance with technicalrequirements for its use. Repair or alteration of a good includes restoring and maintenanceregardless of a possible increase in the value of the good, but does not include an operation orprocess that:(a)destroys a good's essential characteristics or creates a new or commercially different good;(b)transforms an unfinished good into a finished good; or(c)changes the function of a good.

ARTICLE 2.10
Temporary admission of goods
Each Party shall grant duty-free temporary admission into its customs territory for the following
goods in accordance with its laws and regulations, provided that such goods do not undergo any
change except normal depreciation due to the use made of them and that they are exported within
the time period set by each Party:26- 26 -

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(a)goods for display or use at exhibitions, fairs, meetings or similar events;(b)professional equipment, including equipment for the press or for sound or television
broadcasting, cinematographic equipment, ancillary apparatus for such equipment andaccessories thereto;(c)commercial samples and advertising films and recordings;(d)containers and pallets in use or to be used in the shipment of goods in international traffic andaccessories and equipment therefor;(e)welfare materials for seafarers;(f)goods imported exclusively for scientific purposes;(g)goods imported for international sports contests, demonstrations or training;(h)personal effects owned by temporarily visiting travellers; and(i)tourist publicity materials.

ARTICLE 2.11
Customs valuation
For the purpose of determining the customs value of goods traded between the Parties, theprovisions of Part I of the Agreement on Implementation of Article VII of the General Agreement
on Tariffs and Trade 1994 in Annex 1A to the WTO Agreement shall apply, mutatis mutandis.

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ARTICLE 2.12
Export duties
A Party shall not adopt or maintain any duties, taxes, fees or other charges of any kind imposed on
goods exported from that Party to the other Party, or any internal taxes or other charges on goods
exported to the other Party that are in excess of those that would be imposed on like goods destinedfor domestic consumption. For the purposes of this Article, fees or other charges of any kind shallnot include fees or other charges imposed in accordance with Article 2.16 that are limited to theamount of the approximate cost of service rendered.

ARTICLE 2.13
Standstill
1.

Unless otherwise provided for in this Agreement, a Party shall not increase any customs duty

on originating goods of the other Party from the rate to be applied in accordance with Annex 2-A.
2.

For greater certainty, a Party may raise a customs duty to the level set out in the Schedule of

the United Kingdom in Section B of Part 2 of Annex 2-A and in the Schedule of Japan in Section D
of Part 3 of Annex 2-A for the respective year following a unilateral reduction of the customs duty.

ARTICLE 2.14
Export competition
1.

For the purposes of this Article, "export subsidies" means subsidies referred to in

subparagraph (e) of Article 1 of the Agreement on Agriculture and other subsidies listed in Annex I
to the SCM Agreement that may be applied to agricultural goods which are listed in Annex 1 to theAgreement on Agriculture.

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2.

The Parties affirm their commitment, expressed in the Ministerial Decision of

19 December 2015 on Export Competition (WT/MIN(15)/45, WT/L/980) of the WTO, to exercise
utmost restraint with regard to export subsidies and export measures with equivalent effect as set
out in that decision.

ARTICLE 2.15
Import and export restrictions
1.

A Party shall not adopt or maintain any prohibition or restriction other than customs duties on

the importation of any good of the other Party or on the exportation or sale for export of any good
destined for the customs territory of the other Party, except in accordance with Article XI of
GATT 1994. To that end, Article XI of GATT 1994 is incorporated into and made part of thisAgreement, mutatis mutandis.
2.

If a Party intends to adopt a prohibition or restriction on the exportation or sale for export ofany good listed in Annex 2-B in accordance with paragraph 2 of Article XI or with Article XX ofGATT 1994, the Party shall:(a)seek to limit that prohibition or restriction to the extent necessary, giving due consideration to
its possible negative effects on the other Party;(b)provide the other Party with written notice thereof, wherever possible prior to the introductionof such prohibition or restriction and as far in advance as practicable, or, if not, no later than
15 days after the date of introduction, whereby that written notice shall include a descriptionof the good involved and the introduced prohibition or restriction, including its nature, its
reasons, and the date of introduction of such prohibition or restriction as well as its expected
duration; and29- 29 -

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(c)upon request, provide the other Party with a reasonable opportunity for consultation withrespect to any matter related to such prohibition or restriction.

ARTICLE 2.16
Fees and formalities connected with importation and exportation
1.

Each Party shall ensure, in accordance with Article VIII of GATT 1994, that all fees andcharges of whatever character, other than customs duties, export duties and taxes in accordance with
Article III of GATT 1994, imposed by that Party on or in connection with importation orexportation are limited to the amount of the approximate cost of services rendered, which shall not
be calculated on an ad valorem basis, and shall not represent an indirect protection to domestic
goods or a taxation of imports for fiscal purposes.
2.

A Party shall not require consular transactions, including related fees and charges. For the

purposes of this paragraph, "consular transactions" means requirements by the consul of theimporting Party located in the exporting Party for the purpose of obtaining consular invoices or
consular visas for commercial invoices, certificates of origin, manifests, shippers' export
declarations, or any other customs documentation required on or in connection with importation.

ARTICLE 2.17
Import and export licensing procedures
1.

The Parties affirm their existing rights and obligations under the Agreement on Import

Licensing Procedures.

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2.

Each Party shall adopt or maintain export licensing procedures in accordance withparagraphs 1 to 9 of Article 1 and with Article 3 of the Agreement on Import Licensing Procedures.
A Party may adopt or maintain export licensing procedures in accordance with Article 2 of theAgreement on Import Licensing Procedures. To that end, those provisions of the Agreement on
Import Licensing Procedures are incorporated into and made part of this Agreement, mutatis
mutandis, and shall apply to export licensing procedures between the Parties. Paragraphs 2 to 8
apply to any good listed in Annex 2-B.
3.

Each Party shall ensure that all export licensing procedures are neutral in application andadministered in a fair, equitable, non-discriminatory and transparent manner.
4.

Each Party shall adopt or maintain import or export licensing procedures only when otherappropriate procedures to achieve an administrative purpose are not reasonably available.
5.

A Party shall not adopt or maintain non-automatic import or export licensing procedures

unless necessary to implement a measure that is consistent with this Agreement. A Party adopting
non-automatic licensing procedures shall clearly indicate the measure being implemented throughsuch licensing procedures.
6.

Each Party shall respond, within 60 days, to any enquiry from the other Party regarding

import or export licensing procedures which the former Party intends to adopt, has adopted or
maintains, as well as the criteria for granting or allocating import or export licenses.
7.

In applying export restrictions to a good in the form of a quota, a Party shall aim at a

distribution of trade in that good approaching as closely as possible the shares which would be
expected in the absence of that restriction.
8.

If a Party adopts or maintains export licensing procedures, the Parties shall hold consultations,on request of the other Party, on any issues related to the implementation of those procedures, andgive due consideration to the results of those consultations.

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ARTICLE 2.18
Remanufactured goods
1.

Unless otherwise provided for in this Agreement, each Party shall provide thatremanufactured goods are treated as new goods. Each Party may require that remanufactured goods
be identified as such for distribution or sale.
2.

For the purposes of this Article, "remanufactured goods" means goods classified underheading 40.12, Chapters 84 to 90 or heading 94.02 of the Harmonized System that:1(a)are entirely or partially composed of parts obtained from used goods;(b)have a similar life expectancy and performance compared to such goods, when new; and(c)have a factory warranty similar to that applicable to such goods, when new.

ARTICLE 2.19
Non-tariff measures
1.

Specific commitments relating to non-tariff measures on goods by each Party are set out inAnnexes 2-C and 2-D.

1

For greater certainty, the references to the tariff classification number of the Harmonized
System in this Chapter are based on the Harmonized System, as amended on 1 January 2017.
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2.

After 10 years from the date of entry into force of this Agreement, or on request of a Party,

the Parties shall evaluate whether issues resulting from non-tariff measures on goods can beaddressed effectively within the framework of this Agreement. As a result of this evaluation, theParties shall enter into consultations to consider broadening the scope of existing commitments orundertaking additional commitments of mutual interest on non-tariff measures on goods, including
on cooperation. On the basis of those consultations, the Parties may agree to enter into negotiationsof mutual interest. In implementing this paragraph, the Parties shall take into account the experience
gained during the preceding period of implementation of this Agreement.

ARTICLE 2.20
Restrictions to safeguard the balance of payments
1.

Nothing in this Agreement shall be construed as preventing a Party from taking any measuresfor balance-of-payments purposes. A Party taking such measures shall do so in accordance with theconditions established in Article XII of GATT 1994 and the Understanding on the
Balance-of-Payments Provisions of the General Agreement on Tariffs and Trade 1994 in Annex 1A
to the WTO Agreement.
2.

Nothing in this Agreement shall preclude the use by a Party of exchange controls or exchange

restrictions in accordance with the Articles of Agreement of the International Monetary Fund.

ARTICLE 2.21
General exceptions
1.

For the purposes of this Chapter, Article XX of GATT 1994 is hereby incorporated into andmade part of this Agreement, mutatis mutandis.
2.

If a Party intends to take any measures in accordance with subparagraphs (i) and (j) of

Article XX of GATT 1994, the Party shall:33- 33 -

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(a)provide the other Party with all relevant information; and(b)upon request, provide the other Party with a reasonable opportunity for consultation withrespect to any matter related to such measure, with a view to seeking a mutually acceptable
solution.

3.

The Parties may agree on any means needed to put an end to the matters subject toconsultation referred to in subparagraph 2(b).
4.

If exceptional and critical circumstances requiring immediate action make prior provision of

information or examination impossible, a Party intending to take the measures concerned may apply
immediately the measures necessary to deal with the circumstances and shall immediately informthe other Party thereof.

SECTION C
Facilitation of wine product export

ARTICLE 2.22
Scope
The provisions of this Section do not apply to any goods other than wine products classified under
the heading 22.04 of the Harmonized System.

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ARTICLE 2.23
General principle
Unless otherwise provided for in Articles 2.24 to 2.27, the importation and sale of wine products
traded between the Parties covered by this Section shall be conducted in compliance with the laws
and regulations of the importing Party.

ARTICLE 2.24
Authorisation of oenological practices – phase one
1.

The United Kingdom shall authorise the importation and sale of wine products for humanconsumption in the United Kingdom originating in Japan and produced in accordance with:(a)product definitions and oenological practices authorised and restrictions applied in Japan forthe sale of Japan wine as referred to in Section A of Part 2 of Annex 2-E provided that they
comply with product definitions and oenological practices and restrictions as referred to in
Section A of Part 1 of Annex 2-E; and(b)the oenological practices as referred to in Section B of Part 2 of Annex 2-E.

2.

Japan shall authorise the importation and sale of wine products for human consumption in

Japan originating in the United Kingdom and produced in accordance with:(a)product definitions and oenological practices authorised and restrictions applied in the
United Kingdom as referred to in Section A of Part 1 of Annex 2-E provided that they comply
with product definitions and oenological practices and restrictions as referred to in Section A
of Part 2 of Annex 2-E; and(b)the oenological practices as referred to in Section B of Part 1 of Annex 2-E.

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ARTICLE 2.25
Authorisation of oenological practices – phase two
1.

The United Kingdom shall expeditiously take necessary steps with a view to authorising theoenological practices as referred to in Section C of Part 2 of Annex 2-E and notify Japan that its
procedures for that authorisation have been completed.
2.

Japan shall expeditiously take necessary steps with a view to authorising the oenologicalpractices as referred to in Section C of Part 1 of Annex 2-E and notify the United Kingdom that its
procedures for that authorisation have been completed.
3.

The authorisation referred to in paragraphs 1 and 2 shall enter into force on the date of thelatter notification by either Party.

ARTICLE 2.26
Authorisation of oenological practices – phase three
1.

The United Kingdom shall take necessary steps with a view to authorising the oenologicalpractices as referred to in Section D of Part 2 of Annex 2-E and notify Japan that its procedures forthat authorisation have been completed.
2.

Japan shall take necessary steps with a view to authorising the oenological practices asreferred to in Section D of Part 1 of Annex 2-E and notify the United Kingdom that its proceduresfor that authorisation have been completed.
3.

The authorisation referred to in paragraphs 1 and 2 shall enter into force on the date of thelatter notification by either Party.

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ARTICLE 2.27
Self-certification
1.

A certificate authenticated in conformity with the laws and regulations of Japan, including aself-certificate established by a producer authorised by the competent authority of Japan, shallsuffice as documentation serving as evidence that the requirements for the importation and sale in
the United Kingdom of wine products originating in Japan referred to in Article 2.24, 2.25 or 2.26
have been fulfilled.
2.

The Working Group on Wine established pursuant to Article 23.4 shall adopt, upon the entry

into force of this Agreement, by decision, the modalities:(a)for the implementation of paragraph 1, in particular the forms to be used and the information
to be provided on the certificate; and(b)for the cooperation between the contact points designated by the Parties.

3.

No certificate or other equivalent documentation is required as evidence that the requirements

for the importation and sale in Japan of wine products originating in the United Kingdom referred toin Article 2.24, 2.25 or 2.26 have been fulfilled.

ARTICLE 2.28
Review, consultations and temporary suspension of self-certification
1.

The Parties shall review the implementation of:(a)Article 2.25 regularly and at least once a year during the two years after the date of entry into
force of this Agreement; and37- 37 -

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(b)Article 2.26 no later than three years after the date of entry into force of this Agreement.

2.

If the Parties find, in the process of review of the implementation of Article 2.25, that the

notifications provided for in Article 2.25 have not been exchanged within two years of the date ofentry into force of this Agreement, the Parties shall enter into consultations with a view to agreeing
on a practical solution.
3.

Where the notification referred to in paragraph 2 of Article 2.25 has not been sent within two

years of the date of entry into force of this Agreement and the notification referred to in paragraph 1
of Article 2.25 has been sent, the United Kingdom may temporarily suspend the acceptance ofself-certification of wine products provided for in Article 2.27, if a practical solution as referred toin paragraph 2 is not agreed upon within three months of the initiation of the consultations referred
to in paragraph 2.
4.

The temporary suspension of the acceptance of the self-certification referred to in paragraph 3

shall be immediately terminated when Japan sends the notification provided for in paragraph 2 ofArticle 2.25 to the United Kingdom.
5.

If the Parties find, in the process of review on the implementation of Article 2.26 referred toin subparagraph 1(b), that the notifications provided for in Article 2.26 have not been exchanged
within five years of the date of entry into force of this Agreement, the Parties shall enter into
consultations.
6.

Nothing in this Article shall affect the rights and obligations of a Party under the

SPS Agreement.

ARTICLE 2.29
Standstill
1.

For matters covered by Articles 2.24 to 2.27, a Party shall not impose less favourable

conditions than those provided for in this Section or in its laws and regulations in force on the dateof signature of this Agreement.
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2.

Paragraph 1 shall be without prejudice to the right of the Parties to take sanitary andphytosanitary measures necessary for the protection of human, animal or plant life or health,provided that such measures are not inconsistent with the provisions of the SPS Agreement.

ARTICLE 2.30
Amendments
The Joint Committee may adopt decisions amending Annex 2-E, to add, delete or modify references
to oenological practices, restrictions and other elements, in accordance with paragraph 3 ofArticle 24.2.

SECTION D
Other provisions

ARTICLE 2.31
Exchange of information
1.

For the purpose of monitoring the functioning of this Agreement and for the period of

10 years after the entry into force of this Agreement, or for such period of time as may be decided
by the Committee on Trade in Goods established pursuant to Article 23.3, the Parties shall annually
exchange import statistics for the period covering the most recent calendar year available.
2.

The exchange of import statistics referred to in paragraph 1 shall cover, to the extent possible,

data pertaining to the period covering the most recent calendar year available, including value andvolume, or such data as may be decided by the Committee on Trade in Goods, based on thenomenclature of the Party, of imports of goods of the other Party benefitting from preferential tariff
treatment under this Agreement and those that do not receive preferential tariff treatment.

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ARTICLE 2.32
Special measures concerning the management of preferential tariff treatment
1.

The Parties recognise that breaches of their customs legislation relating to the preferential

tariff treatment under this Agreement could adversely affect the domestic industry and agree tocooperate on preventing, detecting and combating such breaches in accordance with the relevant
provisions of Chapter 3 and an agreement on cooperation and mutual administrative assistance incustoms matters to be concluded between the Governments of the Parties (hereinafter referred to as"CMAA").
2.

A Party may, in accordance with the procedure laid down in paragraphs 4 to 7, temporarilysuspend the preferential tariff treatment under this Agreement for the goods concerned which are
related to the systematic breaches referred to in subparagraph (a), if the Party has made a finding,on the basis of objective, compelling and verifiable information, that:(a)systematic breaches in its customs legislation related to the preferential tariff treatment under
this Agreement for a certain good have been committed; and(b)the other Party has systematically and unjustifiably refused or has otherwise failed to conduct
the cooperation referred to in paragraph 1 in relation to the systematic breaches referred to in
subparagraph (a).

3.

Notwithstanding paragraph 2, the temporary suspension shall not be applied to traders who

fulfil the compliance criteria agreed by the Parties through the consultations referred to inparagraph 4.

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4.

The Party which has made the finding referred to in paragraph 2 shall, without undue delay,

notify the other Party of that finding with sufficient information to justify the initiation of
consultations, including a summary of essential facts related to subparagraphs 2(a) and (b), andenter into consultations with the other Party in the Committee on Trade in Goods with a view toreaching a solution acceptable to both Parties and agreeing on the compliance criteria with regard to
the requirements of this Agreement and the relevant customs legislation.
5.

The Party which has made the finding referred to in paragraph 2 shall, before a final decision

is made, inform all interested parties of its intention to apply a temporary suspension, and shallensure that they have a full opportunity for defending their interests. A temporary suspension shallnot be applied to interested parties, provided that they objectively and satisfactorily demonstrate to
the Party which has made the finding that they are not involved in the systematic breaches referred
to in subparagraph 2(a).
6.

Following the processes referred to in paragraphs 4 and 5, if the Parties have failed to agree

on an acceptable solution within six months of the notification, the Party which has made thefinding may decide to suspend temporarily the preferential tariff treatment under this Agreement for
the goods concerned, duly taking into account the exception provided for in paragraph 3. A
temporary suspension shall be notified to the other Party without undue delay.
7.

A temporary suspension shall be applied only for the period necessary to counteract thebreaches and no longer than six months. If a Party has made a finding that the conditions that gave
rise to the initial suspension persist at the expiry of the temporary suspension, that Party may decideto renew the temporary suspension, after notifying the other Party of such a finding with sufficient
information to justify the renewal. Any temporary suspension shall be terminated on a date no later
than two years from the initial suspension unless it has been demonstrated to the Committee on
Trade in Goods that the conditions that gave rise to the initial suspension still persist at the expiry of
the period of each renewal.
8.

The applied temporary suspensions shall be subject to periodic consultations in theCommittee on Trade in Goods.

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9.

The Party which has made the finding referred to in paragraph 2 or 7 shall publish, in

accordance with its internal procedures, notices to importers about any notification and decision
concerning temporary suspensions referred to in paragraphs 4 to 7.
10.

A temporary suspension shall not apply to traders other than the traders referred to inparagraph 3 and the interested parties referred to in paragraph 5, provided that they objectively andsatisfactorily demonstrate to the Party which has made the finding referred to in paragraph 2 or 7
that they are not involved in the systematic breaches referred to in subparagraph 2(a).
11.

For greater certainty, nothing in this Article shall be construed as preventing traders orinterested parties from claiming compensation for damage illegally incurred by the measuresreferred to in paragraph 6, against the Party which has made the finding referred to inparagraph 2 or 7, in accordance with its laws and regulations.

ARTICLE 2.33
Committee on Trade in Goods
1.

The Committee on Trade in Goods established pursuant to Article 23.3 (hereinafter referred toin this Article as "the Committee") shall be responsible for the effective implementation andoperation of this Chapter.
2.

The Committee shall have the following functions:(a)reviewing and monitoring the implementation and operation of this Chapter;(b)reporting the findings of the Committee to the Joint Committee;(c)reviewing and monitoring the design and operation of the scheme set out in Section B of Part
3 of Annex 2-A to provide the greatest possible market access for the goods covered by that
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(d)deciding on the matters concerning the exchange of information referred to in Article 2.31;
and

(e)

carrying out other functions as may be delegated by the Joint Committee pursuant to
subparagraph 5(b) of Article 23.1.

3.

The Committee shall hold meetings at such times and venues, or by such means, as may be

agreed by the representatives of the Parties.

ARTICLE 2.34
Working Group on Wine
1.

The Working Group on Wine established pursuant to Article 23.4 shall be responsible for theeffective implementation and operation of Section C and Annex 2-E.
2.

The Working Group on Wine shall have the following functions:(a)adopting the modalities concerning the self-certification referred to in paragraph 2 ofArticle 2.27;(b)monitoring the implementation of Articles 2.24 to 2.28, including the review andconsultations under Article 2.28; and(c)considering amendments of Annex 2-E and making recommendations to the Joint Committee
regarding the adoption of a decision with respect to those amendments.

3.

The Working Group on Wine shall hold its first meeting on the date of entry into force of thisAgreement.

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CHAPTER 3
RULES OF ORIGIN AND ORIGIN PROCEDURESSECTION A
Rules of origin

ARTICLE 3.1
Definitions
For the purposes of this Chapter:(a)"aquaculture" means the farming of aquatic organisms, including fish, aquatic invertebrates(including molluscs and crustaceans) or aquatic plants from seed stock such as eggs, fry,fingerlings, larvae, parr, smolts or other immature fish at a post-larval stage by intervention in
the rearing or growth processes to enhance production such as regular stocking, feeding orprotection from predators;(b)"consignment" means products which are either sent simultaneously from one exporter to one
consignee or covered by a single transport document covering their shipment from theexporter to the consignee or, in the absence of such a document, by a single invoice;(c)"exporter" means a person, located in a Party, who, in accordance with the requirements laid
down in the laws and regulations of that Party, exports or produces the originating productand makes out a statement on origin;(d)"importer" means a person who imports the originating product and claims preferential tariff
treatment for it;44- 44 -

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(e)"material" means any matter or substance used in the production of a product, including any
components, ingredients, raw materials or parts;(f)"non-originating material" means a material which does not qualify as originating under this
Chapter, including a material whose originating status cannot be determined;(g)"preferential tariff treatment" means the rate of customs duties applicable to an originating
good in accordance with paragraph 1 of Article 2.8;(h)"product" means any matter or substance resulting from production, even if it is intended foruse as a material in the production of another product, and shall be understood as a goodreferred to in Chapter 2; and(i)"production" means any kind of working or processing including assembly.

ARTICLE 3.2
Requirements for originating products
1.

For the purpose of the application of preferential tariff treatment by a Party to an originating

good of the other Party in accordance with paragraph 1 of Article 2.8, the following products, if
they satisfy all other applicable requirements of this Chapter, shall be considered as originating in
the other Party:(a)wholly obtained or produced products as provided for in Article 3.3;(b)products produced exclusively from materials originating in that Party; or(c)products produced using non-originating materials provided they satisfy all applicablerequirements of Annex 3-B.

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2.

For the purposes of this Chapter, the territorial scope of a Party does not include the sea,seabed and subsoil beyond its territorial sea.
3.

If a product has acquired originating status, the non-originating materials used in the

production of the product shall not be considered non-originating when that product is incorporated
as material into another product.
4.

The requirements set out in this Chapter relating to the acquisition of originating status shallbe satisfied without interruption in a Party.

ARTICLE 3.3
Wholly obtained products
1.

For the purposes of Article 3.2, a product is wholly obtained in a Party if it is:(a)a plant or plant product, grown, cultivated, harvested, picked or gathered there;(b)

a live animal born and raised there;(c)a product obtained from a live animal raised there;(d)a product obtained from a slaughtered animal born and raised there;(e)an animal obtained by hunting, trapping, fishing, gathering or capturing there;(f)a product obtained from aquaculture there;(g)a mineral or other naturally occurring substance, not included in subparagraphs (a) to (f),extracted or taken there;46- 46 -

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(h)fish, shellfish or other marine life taken by a Party's vessel from the sea, seabed or subsoil
beyond the territorial sea of each Party and, in accordance with international law, beyond theterritorial sea of third countries;(i)a product produced exclusively from products referred to in subparagraph (h) on board a
Party's factory ship beyond the territorial sea of each Party and, in accordance withinternational law, beyond the territorial sea of third countries;(j)a product other than fish, shellfish and other marine life taken by a Party or a person of a
Party from the seabed or subsoil beyond the territorial sea of each Party, and beyond areas
over which third countries exercise jurisdiction provided that that Party or a person of that
Party has the right to exploit that seabed or subsoil in accordance with international law;(k)a product that is:(i)waste or scrap derived from production there; or(ii)waste or scrap derived from used products collected there, provided that those products
are fit only for the recovery of raw materials; or(l)a product produced there, exclusively from products referred to in subparagraphs (a) to (k) orfrom their derivatives.

2.

"A Party's vessel" in subparagraph 1(h) or "a Party's factory ship" in subparagraph 1(i) means

respectively a vessel or a factory ship which:(a)is registered in a Party;(b)flies the flag of a Party; and47- 47 -

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(c)satisfies one of the following requirements:(i)

it is at least 50 per cent owned by one or more natural persons of a Party or of theEuropean Union1 2; or(ii)

it is owned by one or more juridical persons3:(A) which have their head office and their main place of business in a Party or in theEuropean Union; and(B)

in which at least 50 per cent of the ownership belongs to natural persons or
juridical persons of a Party or of the European Union4.

1

2

3

4

For the purposes of this Chapter, references to the "European Union", when used in ageographical sense, shall be understood to mean the territories in which the Treaty on
European Union and the TFEU, as amended, apply under the conditions laid down in thosetreaties and the customs territory of the European Union as defined, for the purpose of
applying the laws and regulations of the European Union, in Article 4 of Regulation (EU) No
952/2013 of the European Parliament and of the Council of 9 October 2013 laying down theUnion Customs Code, as amended by the European Union. Article 1.8 does not apply to thereferences to the laws and regulations of the European Union in this footnote.
Notwithstanding the first sentence of this footnote, the "European Union" does not coverCeuta and Melilla for the purposes of this Chapter.
For the purposes of this Chapter, "natural person of the European Union" means a national of
a Member State of the European Union, in accordance with the applicable laws andregulations of that Member State.
For the purposes of this Chapter, "juridical person" means any legal entity duly constituted orotherwise organised under the 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.
For the purposes of this Chapter, "juridical person of the European Union" means a juridical
person of a Member State of the European Union, in accordance with the applicable laws andregulations of that Member State.
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ARTICLE 3.4
Insufficient working or processing
1.

Notwithstanding subparagraph 1(c) of Article 3.2, a product shall not be considered asoriginating in a Party if solely one or more of the following operations are conducted on
non-originating materials in the production of the product in that Party:(a)preserving operations such as drying, freezing, keeping in brine and other similar operations
where their sole purpose is to ensure that the product remains in good condition duringtransport and storage;(b)changes of packaging;(c)breaking-up or assembly of packages;(d)washing, cleaning or removal of dust, oxide, oil, paint or other coverings;(e)ironing or pressing of textiles and textile articles;(f)simple painting or polishing operations;(g)husking, partial or total bleaching, polishing or glazing of cereals and rice;(h)operations to colour or flavour sugar or form sugar lumps; partial or total milling of sugar insolid form;(i)peeling, stoning or shelling of fruits, nuts or vegetables;(j)

sharpening, simple grinding or simple cutting;(k)sifting, screening, sorting, classifying, grading or matching including the making-up of sets ofarticles;49- 49 -

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(l)simple placing in bottles, cans, flasks, bags, cases or boxes, simple fixing on cards or boards
and all other simple packaging operations;(m) affixing or printing marks, labels, logos and other like distinguishing signs on products ortheir packaging;(n)simple mixing of products1, whether or not of different kinds;(o)simple addition of water, dilution, dehydration or denaturation2 of products;(p)

simple collection or assembly of parts to constitute a complete or finished article, or an article
falling to be classified as complete or finished pursuant to Rule 2(a) of the General Rules for
the Interpretation of the Harmonized System; disassembly of products in parts; or(q)slaughter of animals.

2.

For the purposes of paragraph 1, operations shall be considered simple if neither special skills

nor machines, apparatus or equipment especially produced or installed are needed for carrying out
those operations.

ARTICLE 3.5
Accumulation
1.

A product that qualifies as originating in a Party shall be considered as originating in the otherParty if used as a material in the production of another product in the other Party.

1
2

For the purposes of this Article, simple mixing of products covers mixing of sugar.
For the purposes of this Article, denaturation covers in particular making products unfit forhuman consumption by the addition of toxic or foul-tasting substances.
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2.

A product that qualifies as originating in the European Union1 shall be considered asoriginating in a Party if used as a material in the production of another product classified under the
Chapters and headings of the Harmonized System2 as specified in Annex 3-C in the Party.
3.

Production carried out in a Party on a non-originating material may be taken into account forthe purpose of determining whether a product is originating in the other Party.
4.

Production carried out in the European Union on a non-originating material may be taken into

account for the purpose of determining whether a product classified under the Chapters andheadings of the Harmonized System as specified in Annex 3-C is originating in a Party.
5.

Paragraphs 1 and 3 do not apply if the production carried out in the other Party does not go

beyond one or more of the operations referred to in subparagraphs 1(a) to (q) of Article 3.4.
Paragraphs 2 and 4 do not apply if the production carried out in a Party does not go beyond

6.

one or more of the operations referred to in subparagraphs 1(a) to (q) of Article 3.4.
7.

In order for an exporter to complete the statement on origin referred to in subparagraph 2(a)of Article 3.16 for a product referred to in paragraphs 3 and 4, the exporter shall obtain from its
supplier information as provided for in Annex 3-D.

1

2

The following products shall be treated by the Parties as originating in the European Union
within the meaning of this Chapter:(a) products originating in the Principality of Andorra classified under Chapters 25 to 97 of
the Harmonized System; and(b) products originating in the Republic of San Marino.
The rules of origin under this Chapter shall apply, mutatis mutandis, for the purpose ofdetermining whether products are originating in the Principality of Andorra or the Republic of
San Marino.
For greater certainty, the references to the tariff classification number of the Harmonized
System in this Chapter are based on the Harmonized System, as amended on 1 January 2017.
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8.

The information referred to in paragraph 7 shall apply to a single consignment or multiple

consignments for the same material that is supplied within a period that does not exceed 12 months
from the date on which the information was provided.
9.

For the purposes of paragraphs 2 and 4, the rules of origin under this Chapter shall apply,

mutatis mutandis, in order to determine whether a product is originating in the European Union, or
in order to take into account the production carried out in the European Union on a non-originating
material.
10.

If Japan has a trade agreement in force that forms a free-trade area with the European Union,

within the meaning of Article XXIV of GATT 1994, Japan may seek to agree with the European
Union that, for the purposes of that trade agreement:(a)a product that qualifies as originating in the United Kingdom is considered as originating inJapan or in the European Union if used as a material in the production of another product inJapan or in the European Union; and(b)production carried out in the United Kingdom on a non-originating material of the United
Kingdom may be taken into account for the purpose of determining whether a product isoriginating in Japan or in the European Union.

11.

If the United Kingdom has a trade agreement in force that forms a free-trade area with theEuropean Union, within the meaning of Article XXIV of GATT 1994, the United Kingdom mayseek to agree with the European Union that, for the purposes of that trade agreement:(a)a product that qualifies as originating in Japan is considered as originating in the United
Kingdom or in the European Union if used as a material in the production of another productin the United Kingdom or in the European Union; and(b)production carried out in Japan on a non-originating material of Japan may be taken into
account for the purpose of determining whether a product is originating in the United
Kingdom or in the European Union.

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12.

The Parties may negotiate any further conditions on the application of the accumulation under

this Chapter, including additional product specific rules of origin, in order to reflect the results of
the agreements referred to in paragraphs 10 and 11. The results of the negotiations, if any, shall beincorporated into this Agreement in accordance with Article 24.2.

ARTICLE 3.6
Tolerances
1.

If a non-originating material used in the production of a product does not satisfy therequirements set out in Annex 3-B, the product shall be considered as originating in a Party,
provided that:(a)for a product classified under Chapters 1 to 49 or Chapters 64 to 97 of the Harmonized
System, the value of all those non-originating materials does not exceed 10 per cent of the exworks or free on board price of the product; or(b)for a product classified under Chapters 50 to 63 of the Harmonized System, tolerances apply
as stipulated in Notes 6 to 8 of Annex 3-A.

2.

Paragraph 1 does not apply if the value of non-originating materials used in the production ofa product exceeds any of the percentages for the maximum value of non-originating materials as
specified in the requirements set out in Annex 3-B.
3.

Paragraph 1 does not apply to products wholly obtained in a Party within the meaning of

Article 3.3. If Annex 3-B requires that the materials used in the production of a product are wholly
obtained, paragraphs 1 and 2 apply.

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ARTICLE 3.7
Unit of qualification
1.

The unit of qualification for the application of the provisions of this Chapter shall be theparticular product which is considered as the basic unit when classifying the product under the
Harmonized System.
2.

When a consignment consists of a number of identical products classified under the sameheading of the Harmonized System, each individual product shall be taken into account when
applying the provisions of this Chapter.

ARTICLE 3.8
Accounting segregation
1.

Originating and non-originating fungible materials shall be physically segregated duringstorage in order to maintain their originating status.
2.

For the purposes of this Article, "fungible materials" means materials that are of the samekind and commercial quality, with the same technical and physical characteristics, and whichcannot be distinguished from one another once they are incorporated into the finished product.
3.

Notwithstanding paragraph 1, originating and non-originating fungible materials may be usedin the production of a product without being physically segregated during storage provided that an
accounting segregation method is used.
4.

The accounting segregation method referred to in paragraph 3 shall be applied in conformity

with an inventory management method under accounting principles which are generally accepted in
the Party.

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5.

A Party may require, under conditions set out in its laws and regulations, that the use of an

accounting segregation method is subject to prior authorisation by the customs authority of that
Party. The customs authority of the Party shall monitor the use of the authorisation and may
withdraw the authorisation if the holder makes improper use of the accounting segregation method
or fails to fulfil any of the other conditions laid down in this Chapter.
6.

The accounting segregation method shall be any method that ensures that at any time no morematerials receive originating status than would be the case if the materials had been physicallysegregated.

ARTICLE 3.9
Sets
A set, classified pursuant to Rules 3(b) and (c) of the General Rules for the Interpretation of theHarmonized System, shall be considered as originating in a Party when all of its components are
originating under this Chapter. Where the set is composed of originating and non-originating
components, it shall as a whole be considered as originating in a Party, provided that the value ofthe non-originating components does not exceed 15 per cent of the ex-works or free on board priceof the set.

ARTICLE 3.10
Non-alteration
1.

An originating product declared for home use in the importing Party shall not have, after

exportation and prior to being declared for home use, been altered, transformed in any way or
subjected to operations other than to preserve them in good condition or than adding or affixing
marks, labels, seals or any other documentation to ensure compliance with specific domestic
requirements of the importing Party.

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2.

Storage or exhibition of a product may take place in a third country provided that it remains

under customs supervision in that third country.
3.

Without prejudice to Section B, the splitting of consignments may take place in a third

country if it is carried out by the exporter or under its responsibility and provided that they remain
under customs supervision in that third country.
4.

In case of doubt as to whether the requirements provided for in paragraphs 1 to 3 are complied

with, the customs authority of the importing Party may request the importer to provide evidence ofcompliance, which may be given by any means, including contractual transport documents such as
bills of lading or factual or concrete evidence based on marking or numbering of packages or any
evidence related to the product itself.

ARTICLE 3.11
Returning products
If an originating product of a Party exported from that Party to a third country returns to that Party,
it shall be considered as non-originating unless it can be demonstrated to the satisfaction of thecustoms authority of that Party that the returning product:(a)is the same as that exported; and(b)

has not undergone any operation other than that necessary to preserve it in good condition
while in that third country or while being exported.

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ARTICLE 3.12
Accessories, spare parts, tools and instructional or other information materials
1.

For the purposes of this Article, accessories, spare parts, tools and instructional or otherinformation materials are covered if:(a)the accessories, spare parts, tools and instructional or other information materials areclassified and delivered with, but not invoiced separately from, the product; and(b)the types, quantities and value of the accessories, spare parts, tools and instructional or otherinformation materials are customary for that product.

2.

In determining whether a product is wholly obtained, or satisfies a production process orchange in tariff classification requirement as set out in Annex 3-B, accessories, spare parts, tools
and instructional or other information materials shall be disregarded.
3.

In determining whether a product meets a value requirement set out in Annex 3-B, the valueof accessories, spare parts, tools and instructional or other information materials shall be taken into
account as originating or non-originating materials, as the case may be, in the calculation for the
purpose of the application of the value requirement to the product.
4.

A product's accessories, spare parts, tools and instructional or other information materials

shall have the originating status of the product with which they are delivered.

ARTICLE 3.13
Neutral elements
In order to determine whether a product is originating in a Party, it shall not be necessary to
determine the originating status of the following elements:

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(a)fuel, energy, catalysts and solvents;(b)equipment, devices and supplies used to test or inspect the product;(c)

gloves, glasses, footwear, clothing, safety equipment and supplies;(d)machines, tools, dies and moulds;(e)spare parts and materials used in the maintenance of equipment and buildings;(f)lubricants, greases, compounding materials and other materials used in production or used tooperate equipment and buildings; and(g)any other material that is not incorporated into the product but the use of which in the
production of the product can reasonably be demonstrated to be a part of that production.

ARTICLE 3.14
Packing materials and containers for shipment
Packing materials and containers for shipment that are used to protect a product duringtransportation shall be disregarded in determining the originating status of a product.

ARTICLE 3.15
Packaging materials and containers for retail sale
1.

Packaging materials and containers in which a product is packaged for retail sale, if classified

with the product, shall be disregarded in determining whether all the non-originating materials usedin the production of the product have undergone the applicable change in tariff classification or a
production process set out in Annex 3-B or whether the product is wholly obtained.

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2.

If a product is subject to a value requirement set out in Annex 3-B, the value of the packaging

materials and containers in which the product is packaged for retail sale, if classified with the
product, shall be taken into account as originating or non-originating, as the case may be, in thecalculation for the purpose of the application of the value requirement to the product.

SECTION B
Origin procedures

ARTICLE 3.16
Claim for preferential tariff treatment
1.

The importing Party shall, on importation, grant preferential tariff treatment to a productoriginating in the other Party on the basis of a claim by the importer for preferential tariff treatment.
The importer shall be responsible for the correctness of the claim for preferential tariff treatment
and compliance with the requirements provided for in this Chapter.
2.

A claim for preferential tariff treatment shall be based on:(a)a statement on origin that the product is originating made out by the exporter; or(b)

the importer's knowledge that the product is originating.

3.

A claim for preferential tariff treatment and its basis as referred to in subparagraph 2(a) or (b)shall be included in the customs import declaration in accordance with the laws and regulations of
the importing Party. The customs authority of the importing Party may request, to the extent that theimporter can provide such explanation, the importer to provide an explanation, as part of thecustoms import declaration or accompanying it, that the product satisfies the requirements of this
Chapter.

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4.

The importer making a claim for preferential tariff treatment based on a statement on origin

referred to in subparagraph 2(a) shall keep the statement on origin and, when required by thecustoms authority of the importing Party, provide a copy thereof to that customs authority.
5.

Paragraphs 2 to 4 do not apply in the cases specified in Article 3.20.

ARTICLE 3.17
Statement on origin
1.

A statement on origin may be made out by an exporter of a product on the basis of

information demonstrating that the product is originating, including information on the originating
status of materials used in the production of the product. The exporter is responsible for thecorrectness of the statement on origin and of the information provided.
2.

A statement on origin shall be made out using either of the linguistic versions of the text set

out in Annex 3-E on an invoice or on any other commercial document that describes the originatingproduct in sufficient detail to enable its identification. The importing Party shall not require theimporter to submit a translation of the statement on origin.
3.

The customs authority of the importing Party shall not reject a claim for preferential tariff

treatment due to minor errors or discrepancies in the statement on origin or for the sole reason thatan invoice was issued in a third country.
4.

A statement on origin shall be valid for:(a)

12 months from the date on which it was made out or such longer period of time as provided
by the importing Party, for a single shipment referred to in subparagraph 5(a); or(b)

12 months from the date on which it was made out, for multiple shipments referred to in
subparagraph 5(b).

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5.

A statement on origin may apply to:(a)a single shipment of one or more products imported into a Party; or(b)multiple shipments of identical products imported into a Party within any period specified in
the statement on origin not exceeding 12 months.

6.

If, on request of the importer, unassembled or disassembled products within the meaning ofRule 2(a) of the General Rules for the Interpretation of the Harmonized System falling within
Sections XV to XXI of the Harmonized System are imported by instalments, a single statement on
origin for such products may be used in accordance with the requirements laid down by the customs
authority of the importing Party.

ARTICLE 3.18
Importer's knowledge
The importer's knowledge that a product is originating in the exporting Party shall be based on
information demonstrating that the product is originating and satisfies the requirements provided forin this Chapter.

ARTICLE 3.19
Record keeping requirements
1.

An importer making a claim for preferential tariff treatment for a product imported into theimporting Party shall, for a minimum of three years after the date of importation of the product,
keep:
(a)

if the claim was based on a statement on origin, the statement on origin made out by theexporter; or61- 61 -

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(b)if the claim was based on the importer's knowledge, all records demonstrating that the productsatisfies the requirements to obtain originating status.

2.

An exporter who has made out a statement on origin shall, for a minimum of four years after

the date of the making out of that statement on origin, keep a copy of the statement on origin and allother records demonstrating that the product satisfies the requirements to obtain originating status.
3.

The records to be kept in accordance with this Article may be held in electronic format.

4.

Paragraphs 1 to 3 do not apply in the cases specified in Article 3.20.

ARTICLE 3.20
Small consignments and waivers
1.

Products sent as small packages from private persons to private persons or forming part oftravellers' personal luggage shall be admitted as originating products provided that such products
are not imported by way of trade1, have been declared as satisfying the requirements of this Chapter
and if there is no doubt as to the veracity of such a declaration.
2.

Provided that the importation does not form part of importations that may reasonably beconsidered to have been made separately for the purpose of avoiding the requirement for astatement on origin, the total value of the products referred to in paragraph 1 shall not exceed suchvalue limits as the importing Party may set out in its laws and regulations and which have been
notified to the other Party.
3.

Each Party may provide that the basis for the claim as referred to in paragraph 2 ofArticle 3.16 shall not be required for an importation of a product for which the importing Party has
waived the requirements.

1

The imports which are occasional and consist solely of products for the personal use of therecipients or travellers or their families shall not be considered as imports by way of trade if it
is evident from the nature and quantity of the products that no commercial purpose is in view.
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ARTICLE 3.21
Verification
1.

For the purposes of verifying whether a product imported into a Party is originating in theother Party or whether the other requirements of this Chapter are satisfied, the customs authority of
the importing Party may conduct a verification based on risk assessment methods, which may
include random selection, by means of a request for information from the importer who made theclaim referred to in Article 3.16. The customs authority of the importing Party may conduct a
verification either at the time of the customs import declaration, before the release of products, orafter the release of the products.
2.

The information requested pursuant to paragraph 1 shall cover no more than the following

elements:(a)

if a statement on origin was the basis of the claim referred to in subparagraph 2(a) of
Article 3.16, that statement on origin;(b)

the tariff classification number of the product under the Harmonized System and origin
criteria used;(c)a brief description of the production process;(d)

if the origin criterion was based on a specific production process, a specific description of thatprocess;(e)

if applicable, a description of the originating and non-originating materials used in the
production process;(f)if the origin criterion was "wholly obtained", the applicable category (such as harvesting,mining, fishing and place of production);63- 63 -

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(g)if the origin criterion was based on a value method, the value of the product as well as thevalue of all the non-originating or, as appropriate to establish compliance with the value
requirement, originating materials used in the production;(h)if the origin criterion was based on weight, the weight of the product as well as the weight of
the relevant non-originating or, as appropriate to establish compliance with the weightrequirement, originating materials used in the product;(i)

if the origin criterion was based on a change in tariff classification, a list of all the
non-originating materials including their tariff classification number under the Harmonized
System (in two-, four- or six-digit format depending on the origin criteria); or(j)

the information relating to the compliance with the provision on non-alteration referred to in
Article 3.10.

3.

When providing the requested information, the importer may add any other information that it

considers relevant for the purpose of verification.
4.

If the claim for preferential tariff treatment was based on a statement on origin referred to in

subparagraph 2(a) of Article 3.16, the importer shall inform the customs authority of the importing
Party when the requested information may be provided in full or in relation to one or more data
elements by the exporter directly.
5.

If the claim for preferential tariff treatment was based on the importer's knowledge referred toin subparagraph 2(b) of Article 3.16, after having first requested information in accordance withparagraph 1, the customs authority of the importing Party conducting the verification may request
information from the importer if that customs authority considers that additional information isnecessary in order to verify the originating status of the product. The customs authority of theimporting Party may request the importer for specific documentation and information, if
appropriate.

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6.

If the customs authority of the importing Party decides to suspend the granting of preferential

tariff treatment to the product concerned while awaiting the results of the verification, release of the
product shall be offered to the importer subject to appropriate precautionary measures including
guarantees. Any suspension of preferential tariff treatment shall be terminated as soon as possible
after the originating status of the product concerned or the fulfilment of the other requirements ofthis Chapter has been ascertained by the customs authority of the importing Party.

ARTICLE 3.22
Administrative cooperation
1.

In order to ensure the proper application of this Chapter, the Parties shall cooperate, throughthe customs authority of each Party, in verifying whether a product is originating and in compliancewith the other requirements provided for in this Chapter.
2.

If the claim for preferential tariff treatment was based on a statement on origin referred to in

subparagraph 2(a) of Article 3.16, after having first requested information in accordance withparagraph 1 of Article 3.21, the customs authority of the importing Party conducting the verification
may also request information from the customs authority of the exporting Party either by the end of
two years after the date of importation of the products or by the end of 38 months after the date of
the making out of that statement on origin, whichever is earlier, if the customs authority of theimporting Party conducting the verification considers that additional information is necessary inorder to verify the originating status of the product. The request for information should include thefollowing information:(a)the statement on origin;(b)

the identity of the customs authority issuing the request;(c)the name of the exporter;65- 65 -

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(d)the subject and scope of the verification; and(e)

if applicable, any relevant documentation.

In addition to this information, the customs authority of the importing Party may request thecustoms authority of the exporting Party for specific documentation and information, whereappropriate.
3.

The customs authority of the exporting Party may, in accordance with its laws andregulations, request documentation or examination by calling for any evidence or by visiting thepremises of the exporter to review records and observe the facilities used in the production of the
product.
4.

Without prejudice to paragraph 5, the customs authority of the exporting Party receiving therequest pursuant to paragraph 2 shall provide the customs authority of the importing Party with thefollowing information:(a)the requested documentation, where available;(b)an opinion on the originating status of the product;(c)the description of the product subject to examination and the tariff classification relevant tothe application of this Chapter;(d)a description and explanation of the production process sufficient to support the originating
status of the product;(e)

information on the manner in which the examination was conducted; and(f)supporting documentation, if appropriate.

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5.

The customs authority of the exporting Party shall not provide the information referred to inparagraph 4 to the customs authority of the importing Party if that information is deemed
confidential by the exporter.
6.

Each Party shall notify the other Party of the contact details, including postal and email

addresses, and telephone and facsimile numbers of the customs authorities and shall notify the otherParty of any modification regarding such information within 30 days after the date of themodification.

ARTICLE 3.23
Mutual assistance in the fight against fraud
In case of a suspected breach of the provisions of this Chapter, the Parties shall provide each otherwith mutual assistance, in accordance with CMAA.

ARTICLE 3.24
Denial of preferential tariff treatment
1.

Without prejudice to paragraph 3, the customs authority of the importing Party may denypreferential tariff treatment, if:(a)within three months after the date of the request for information pursuant to paragraph 1 of
Article 3.21:(i)no reply is provided; or(ii)

if the claim for preferential tariff treatment was based on the importer's knowledge as
referred to in subparagraph 2(b) of Article 3.16, the information provided is inadequate
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(b)within three months after the date of the request for information pursuant to paragraph 5 of
Article 3.21:(i)no reply is provided; or(ii)

the information provided is inadequate to confirm that the product is originating;(c)within 10 months after the date of the request for information pursuant to paragraph 2 ofArticle 3.22:

(d)

(i)

no reply is provided; or(ii)

the information provided is inadequate to confirm that the product is originating; orfollowing a prior request for assistance pursuant to Article 3.23 and within a mutually agreed
period, in respect of products which have been the subject of a claim as referred to inparagraph 1 of Article 3.16:

2.

(i)

the customs authority of the exporting Party fails to provide the assistance; or(ii)

the result of that assistance is inadequate to confirm that the product is originating.

The customs authority of the importing Party may deny preferential tariff treatment to a

product for which an importer claims preferential tariff treatment where the importer fails to comply
with requirements of this Chapter other than those relating to the originating status of the products.

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3.

If the customs authority of the importing Party has sufficient justification to deny preferential

tariff treatment under paragraph 1, in cases where the customs authority of the exporting Party has
provided an opinion pursuant to subparagraph 4(b) of Article 3.22 confirming the originating statusof the products, the customs authority of the importing Party shall notify the customs authority ofthe exporting Party of its intention to deny the preferential tariff treatment within two months after
the date of receipt of that opinion. If such notification is made, consultations shall be held on
request of a Party, within three months after the date of the notification. The period for consultation
may be extended on a case by case basis by mutual agreement between the Parties. The consultation
may take place in accordance with the procedure set out by the Committee on Rules of Origin andCustoms-Related Matters established pursuant to Article 23.3. Upon the expiry of the period for
consultation, the customs authority of the importing Party may deny the preferential tariff treatment
solely on the basis of sufficient justification and after having granted the importer the right to beheard.

ARTICLE 3.25
Confidentiality
1.

Each Party shall maintain, in accordance with its laws and regulations, the confidentiality of

any information provided to it by the other Party pursuant to this Chapter, and shall protect that
information from disclosure.
2.

Information obtained by the customs authority of the importing Party pursuant to this Chapter

may only be used by that customs authority for the purposes of this Chapter.
3.

Confidential business information obtained from the exporter by the customs authority of theexporting Party or of the importing Party through the application of Articles 3.21 and 3.22 shall not
be disclosed, unless otherwise provided for in this Chapter.

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4.

Information obtained by the customs authority of the importing Party pursuant to this Chapter

shall not be used by the importing Party in any criminal proceedings carried out by a court or ajudge, unless permission to use such information is granted by the exporting Party in accordancewith its laws and regulations.

ARTICLE 3.26
Administrative measures and sanctions
Each Party shall impose administrative measures and, where appropriate, sanctions, in accordancewith its laws and regulations, on any person who draws up a document, or causes a document to be
drawn up, which contains incorrect information provided for the purpose of obtaining preferential
tariff treatment for a product, who does not comply with the requirements set out in Article 3.19, or
who does not provide the evidence or refuses the visit referred to in paragraph 3 of Article 3.22.

SECTION C
Miscellaneous

ARTICLE 3.27
Committee on Rules of Origin and Customs-Related Matters
1.

The Committee on Rules of Origin and Customs-Related Matters established pursuant to

Article 23.3 (hereinafter referred to in this Chapter as "the Committee") shall be responsible for theeffective implementation and operation of this Chapter, in addition to the other responsibilities
specified in paragraph 1 of Article 4.14.
2.

For the purposes of this Chapter, the Committee shall have the following functions:70- 70 -

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(a)reviewing and making appropriate recommendations, as necessary, to the Joint Committee on:(i)

the implementation and operation of this Chapter; and(ii)

any amendments of the provisions of this Chapter proposed by a Party;(b)

adopting explanatory notes to facilitate the implementation of the provisions of this Chapter;(c)setting the consultation procedure referred to in paragraph 3 of Article 3.24; and(d)considering any other matter related to this Chapter as the representatives of the Parties may
agree.

ARTICLE 3.28
Transitional provisions for products in transit or storage
The provisions of this Agreement may be applied to products which comply with the provisions of
this Chapter and which on the date of entry into force of this Agreement are either in transit fromthe exporting Party to the importing Party or under customs control in the importing Party without
payment of import duties and taxes, subject to the making of a claim for preferential tariff treatment
referred to in Article 3.16 to the customs authority of the importing Party, within 12 months of that
date.

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CHAPTER 4CUSTOMS MATTERS AND TRADE FACILITATIONARTICLE 4.1
Objectives
The objectives of this Chapter are to:(a)promote trade facilitation for goods traded between the Parties while ensuring effective
customs controls, taking into account the evolution of trade practices;(b)ensure transparency of each Party's customs legislation and other trade-related laws andregulations and consistency thereof with applicable international standards;(c)ensure predictable, consistent and non-discriminatory application by each Party of its customs
legislation and other trade-related laws and regulations;(d)promote simplification and modernisation of each Party's customs procedures and practices;(e)further develop risk management techniques to facilitate legitimate trade while securing theinternational trade supply chain; and(f)enhance cooperation between the Parties in the field of customs matters and trade facilitation.

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ARTICLE 4.2
Scope
1.

This Chapter applies to matters relating to each Party's customs legislation, other trade-related

laws and regulations and general administrative procedures related to trade, including theirapplication to goods traded between the Parties, as well as the cooperation between the Parties.
2.

Nothing in this Chapter shall affect the rights and obligations of a Party under

Chapters 6 and 7.
3.

In the event of any inconsistency between this Chapter and Chapter 6 or 7, Chapter 6 or 7

shall prevail to the extent of the inconsistency.
4.

This Chapter applies without prejudice to the fulfilment of each Party's legitimate policy

objectives and its obligations under international agreements to which it is a party, regarding theprotection of:(a)public morals;(b)human, animal or plant life or health;(c)national treasures of artistic, historic or archaeological value; or(d)the environment.

5.

This Chapter shall be implemented by each Party in accordance with its laws and regulations.

Each Party shall use its available resources in an appropriate way to implement this Chapter.

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ARTICLE 4.3
Transparency
1.

Each Party shall ensure that its customs legislation and other trade-related laws andregulations as well as its general administrative procedures and relevant information of generalapplication related to trade are published and readily available to any interested person in an easily
accessible manner, including, as appropriate, through the Internet.
2.

Each Party shall publish and make readily available its customs legislation, other trade-related

laws and regulations and general administrative procedures related to trade as early as possible
before their entry into force, in order to enable any interested person to become acquainted withthem, except in the case:(a)of urgent circumstances;(b)of minor changes to such laws, regulations or general administrative procedures;(c)the effectiveness of such laws and regulations or their enforcement is undermined as a resultof prior publication; or(d)of measures having relieving effects.

3.

Each Party shall designate one or more enquiry points to answer reasonable enquiries fromany interested persons on the matters covered by paragraph 1. Enquiry points shall answer suchenquiries and provide any relevant forms and documents within a reasonable time period set byeach Party.
4.

Each Party shall, as appropriate, provide for regular consultations between its customs

authority and other trade-related agencies and traders or other stakeholders located within its
territory.

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5.

Information on fees and charges shall be published in accordance with paragraphs 1 and 2.

That information shall include the fees and charges that will be applied, the reason for such fees andcharges, the responsible authority and when and how payment is to be made. Such fees and charges
shall not be applied until information on them has been published.

ARTICLE 4.4
Procedures for import, export and transit
1.

Each Party shall apply its customs legislation and other trade-related laws and regulations in a

predictable, consistent, transparent and non-discriminatory manner.
2.

Each Party shall ensure that its customs procedures:(a)are consistent with international standards and recommended practices applicable to eachParty in the area of customs procedures such as those made under the auspices of the World
Customs Organization1 (hereinafter referred to as "the WCO"), including the substantive
elements of the Protocol of Amendment to the International Convention on the Simplificationand Harmonization of Customs Procedures, done at Brussels on 26 June 1999, theInternational Convention on the Harmonized Commodity Description and Coding System,
done at Brussels on 14 June 1983, and the Framework of Standards to Secure and Facilitate
Global Trade of the WCO (hereinafter referred to as "the SAFE Framework");(b)

aim at facilitating legitimate trade, taking into account the evolution of trade practices, while
securing compliance with its laws and regulations;(c)provide for effective enforcement in case of breaches of its laws and regulations concerning
customs procedures, including duty evasion and smuggling; and(d)do not include mandatory use of customs brokers or preshipment inspections.

1

For greater certainty, the WCO was established in 1952 as the Customs Co-operation Council(CCC).
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3.

Each Party shall adopt or maintain measures granting favourable treatment with respect tocustoms controls prior to the release of goods to traders or operators fulfilling criteria specified in
its laws and regulations.
4.

Each Party shall promote the development and use of advanced systems, including those

based on information and communications technology, to facilitate the exchange of electronic data
between traders or operators and its customs authority and other trade-related agencies.
5.

Each Party shall work towards further simplification and standardisation of data anddocumentation required by its customs authority and other trade-related agencies.

ARTICLE 4.5
Release of goods
Each Party shall adopt or maintain customs procedures that:(a)provide for the prompt release of goods within a period that is not longer than necessary toensure compliance with its laws and regulations;(b)allow for advance electronic submission and processing of documentation and any otherrequired information prior to the arrival of the goods; and(c)allow for the release of goods prior to the final determination of customs duties, taxes, fees
and charges, subject to the provision of a guarantee, if required by its laws and regulations, inorder to secure their final payment.

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ARTICLE 4.6
Simplification of customs procedures
1.

Each Party shall work towards simplification of its requirements and formalities for customs

procedures in order to reduce the time and costs thereof for traders or operators, including small andmedium-sized enterprises.
2.

Each Party shall adopt or maintain measures allowing traders or operators fulfilling criteria

specified in its laws and regulations to benefit from further simplification of customs procedures.
Such simplification may allow periodical declaration for the determination and payment of customs
duties and taxes covering multiple imports within a given period, after the release of the goods.
3.

Each Party shall adopt or maintain programmes which enable operators fulfilling criteria

specified in its laws and regulations to benefit further from or have easier access to thesimplification referred to in paragraph 2.

ARTICLE 4.7
Advance rulings
1.

Each Party shall issue, through its customs authority, an advance ruling that sets forth thetreatment to be provided to the goods concerned. That ruling shall be issued in a reasonable,
time-bound manner to the applicant that has submitted a written request, including in electronic
format, containing all necessary information in accordance with the laws and regulations of theissuing Party.
2.

An advance ruling shall cover tariff classification of the goods, origin of goods including their

qualification as originating goods under Chapter 3 or any other matter as the Parties may agree, inparticular regarding the appropriate method or criteria to be used for the customs valuation of thegoods.

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3.

Subject to any confidentiality requirements in its laws and regulations, a Party may publish its

advance rulings, including through the Internet.

ARTICLE 4.8
Appeal and review
1.

Each Party shall guarantee the right of appeal or review to any person to whom an

administrative decision has been addressed by the customs authority or other trade-related agenciesof that Party.
2.

Appeal or review shall include:(a)an administrative appeal to or review by an administrative authority higher than or
independent of the official or office that issued the decision; or(b)a judicial appeal or review of the decision.

3.

Each Party shall ensure that, if the decision on appeal or review referred to in

subparagraph 2(a) is not issued within a period of time provided for in its laws and regulations or
without undue delay, the person referred to in paragraph 1 has the right to further administrative or
judicial appeal or review.
4.

Each Party shall ensure that the person referred to in paragraph 1 is provided with the reasonsfor the administrative decision to enable that person to have recourse to appeal or review procedures
when necessary.

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ARTICLE 4.9
Risk management
1.

Each Party shall adopt or maintain a risk management system that enables its customs

authority to concentrate inspection activities on high-risk consignments and that expedites therelease of low-risk consignments.
2.

Each Party shall base risk management on assessment of risk through appropriate selectivity

criteria.
3.

A Party may also select, on a random basis, consignments for inspection activities referred toin paragraph 1 as part of its risk management.
4.

Each Party shall design and apply risk management in a manner as to avoid arbitrary or

unjustifiable discrimination, or disguised restrictions to international trade.

ARTICLE 4.10
Post-clearance audit
1.

With a view to expediting the release of goods, each Party shall adopt or maintainpost-clearance audit to ensure compliance with its customs legislation and other trade-related laws
and regulations. The customs authority of each Party shall use the results of post-clearance audit
performed by it when applying the risk management referred to in Article 4.9. A Party may providethat its customs authority uses the results of the post-clearance audit performed by othertrade-related agencies when applying risk management, and vice-versa.
2.

Each Party shall select a person or a consignment for post-clearance audit in a risk-basedmanner, which may include appropriate selectivity criteria. Each Party shall conduct post-clearance
audits in a transparent manner. Where the person is involved in the audit process and conclusive
results have been achieved, the Party shall, without delay, notify the person whose record is auditedof the results, the person's rights and obligations and the reasons for the results.
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ARTICLE 4.11
Transit and transhipment
Each Party shall adopt or maintain procedures to facilitate the movement of goods from or to theother Party that are in transit through or in transhipment within its customs territory, while
maintaining appropriate control.

ARTICLE 4.12
Customs cooperation
1.

Without prejudice to other forms of cooperation provided for in this Agreement, the customs

authorities of the Parties shall cooperate, including by exchanging information, and provide mutualadministrative assistance in the matters referred to in this Chapter in accordance with CMAA,
notwithstanding Article 1.6.
2.

The customs authorities of the Parties shall enhance cooperation on the matters referred to inthis Chapter with a view to further developing trade facilitation while ensuring compliance with
their respective customs legislation and improving supply chain security, in the following areas:(a)cooperation on further simplification of customs procedures, taking into account the evolutionof trade practices;(b)

cooperation on harmonisation of data requirements for customs purposes, in line withapplicable international standards such as the WCO standards;(c)cooperation on further development of the customs-related aspects of securing and facilitating
the international trade supply chain in accordance with the SAFE Framework;80- 80 -

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15:53:59(d)cooperation on improvement of their risk management techniques, including sharing bestpractices and, if appropriate, risk information and control results;(e)cooperation with a view to further developing the measures referred to in paragraph 3 ofArticle 4.4 and paragraph 2 of Article 4.6 or the programmes referred to in paragraph 3 ofArticle 4.6, including the possibility of cooperation with a view to allowing traders or
operators of a Party to benefit from the measures or the programmes of the other Party;(f)cooperation and coordination in international organisations such as the WTO and the WCO,
on matters of common interest, including tariff classification, customs valuation and origin,with a view to establishing, if possible, common positions; and(g)cooperation on enforcement against the trafficking of prohibited goods.

3.

The customs authorities of the Parties shall ensure the exchange of information necessary forthe purposes of paragraph 2.

ARTICLE 4.13
Temporary admission
For the temporary admission of goods referred to in Article 2.10 and regardless of their origin, eachParty shall, in accordance with the procedures laid down in international agreements concerning
temporary admissions and applied by the Party, accept A.T.A. carnets1 issued in the other Party.

1"A.T.A. carnet" has the same meaning as in the Customs Convention on the A.T.A. Carnet for
the Temporary Admission of Goods, done at Brussels on 6 December 1961 or the Convention
on Temporary Admission, done at Istanbul on 26 June 1990.
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ARTICLE 4.14
Committee on Rules of Origin and Customs-Related Matters
1.

The Committee on Rules of Origin and Customs-Related Matters established pursuant to

Article 23.3 (hereinafter referred to in this Chapter as "the Committee") shall be responsible for theeffective implementation and operation of this Chapter and the customs-related matters of Chapter 2
and of Article 14.57, in addition to the other responsibilities specified in paragraph 1 of
Article 3.27.1
2.

The Parties shall ensure that the composition of their delegations to meetings of theCommittee corresponds to the agenda items.
3.

The Committee shall have the following functions:(a)addressing all issues arising from the implementation and operation of the provisions referred
to in paragraph 1;(b)identifying areas for improvement in the implementation and operation of the provisions
referred to in paragraph 1;(c)functioning as a mechanism to expeditiously reach mutually agreed solutions with regard to
any matters covered by the provisions referred to in paragraph 1;(d)formulating resolutions, recommendations or opinions regarding actions or measures which it
considers necessary for the attainment of the objectives and effective functioning of this
Chapter;(e)deciding on the actions to be taken or the measures to be implemented by a Party or theParties, in the areas referred to in paragraph 2 of Article 4.12, which it considers necessary forthe attainment of the objectives and effective functioning of this Chapter; and1

For greater certainty, nothing in this Article shall affect the rights and obligations of theParties with regard to the Committee on Trade in Goods relating to Chapter 2, nor theCommittee on Intellectual Property relating to Chapter 14.
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(f)carrying out other functions as may be delegated by the Joint Committee pursuant to
subparagraph 5(b) of Article 23.1.

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CHAPTER 5
TRADE REMEDIESSECTION A
General provisions

ARTICLE 5.1
Definitions
For the purposes of this Chapter:(a)"domestic industry" means the producers as a whole of the like or directly competitive goods
operating in a Party, or those whose collective output of the like or directly competitive goods
constitutes a major proportion of the total domestic production of those goods;(b)"serious injury" means a significant overall impairment in the position of a domestic industry;(c)"threat of serious injury" means serious injury that is clearly imminent in accordance with theinvestigation referred to in paragraph 3 of Article 5.4. A determination of the existence of athreat of serious injury shall be based on facts and not merely on allegation, conjecture or
remote possibility; and(d)"transition period" means, in relation to a particular originating good, the period beginning on
the date of entry into force of this Agreement and ending 10 years after the date of completionof tariff reduction or elimination on that good in accordance with Annex 2-A.

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SECTION B
Bilateral safeguard measures

ARTICLE 5.2
Application of bilateral safeguard measures
1.

If, as a result of the elimination or reduction of a customs duty in accordance with Article 2.8,

an originating good from a Party is being imported into 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, the other Party may adopt the measuresprovided for in paragraph 2 to the extent necessary to prevent or remedy the serious injury to thedomestic industry of the other Party and to facilitate the adjustment of the domestic industry.
2.

A bilateral safeguard measure may consist of:(a)the suspension of any further reduction of the rate of customs duty on the originating good
provided for in Chapter 2; or(b)

the increase of the rate of customs duty on the originating good to a level not exceeding thelesser of:(i)the most-favoured-nation applied rate of customs duty in effect on the day when thebilateral safeguard measure is applied; and(ii)

the most-favoured-nation applied rate of customs duty in effect on 31 January 2019.

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ARTICLE 5.3
Conditions and limitations
1.

No bilateral safeguard measure shall be maintained except to the extent and for such period oftime as may be necessary to prevent or remedy serious injury and to facilitate the adjustment of thedomestic industry, provided that such period of time does not exceed a period of two years.
However, a bilateral safeguard measure may be extended, provided that the total duration of thebilateral safeguard measure, including such extensions, does not exceed four years.
2.

Bilateral safeguard measures may only be applied during the transition period.

3.

In order to facilitate adjustment in a situation where the expected duration of a bilateralsafeguard measure exceeds one year, the Party maintaining the bilateral safeguard measure shallprogressively liberalise the bilateral safeguard measure at regular intervals during the period of
application.
4.

No bilateral safeguard measure shall be applied to the import of a particular originating goodwhich has already been subject to such a bilateral safeguard measure for a period of time equal tothe duration of the previous bilateral safeguard measure or one year, whichever is longer.
5.

Upon the termination of a bilateral safeguard measure, the rate of customs duty for theoriginating good subject to the measure shall be the rate which would have been in effect but for thebilateral safeguard measure.

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ARTICLE 5.4
Investigation
1.

A Party may apply a bilateral safeguard measure only after an investigation has been carriedout by its competent authority1 in accordance with the same procedures as those provided for in
Article 3 and subparagraph 2(c) of Article 4 of the Agreement on Safeguards.
2.

The investigation shall in all cases be completed within one year following its date ofinitiation.
3.

In the investigation to determine whether the increased imports of an originating good havecaused or are threatening to cause serious injury to a domestic industry, the competent authority
which carries out the investigation shall evaluate all relevant factors of an objective and quantifiable
nature having a bearing on the situation of that domestic industry. Those factors include, inparticular, the rate and amount of the increase in imports of the originating good in absolute andrelative terms, the share of the domestic market taken by the increased imports of the originating
good, and the changes in the level of sales, production, productivity, capacity utilisation, profits andlosses, and employment.
4.

The determination that increased imports of an originating good have caused or are

threatening to cause serious injury to a domestic industry shall not be made unless the investigation
demonstrates, on the basis of objective evidence, the existence of a causal link between theincreased imports of the originating good and the serious injury or threat of serious injury to thedomestic industry. In this determination, factors other than the increased imports of the originating
good which are also causing injury to the domestic industry at the same time shall be taken into
consideration.

1

For the purposes of this Section, for Japan, competent authority includes its relevant
authorities.
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ARTICLE 5.5
Notification
1.

A Party shall immediately notify the other Party in writing when it:(a)initiates an investigation referred to in paragraph 1 of Article 5.4 relating to serious injury, or
threat of serious injury, and the reasons for it;(b)makes a finding of serious injury, or threat of serious injury, caused by increased imports; and(c)takes a decision to apply or extend a bilateral safeguard measure.

2.

The notifying Party referred to in paragraph 1 shall provide the other Party with all pertinent

information, which shall include:(a)in the case of a notification referred to in subparagraph 1(a), the reason for the initiation of theinvestigation, a precise description of the originating good subject to the investigation and its
subheading under the Harmonized System, and the date of initiation and the expected durationof the investigation; and(b)in the case of a notification referred to in subparagraphs 1(b) and (c), evidence of serious
injury or threat of serious injury caused by the increased imports of the originating good, aprecise description of the originating good subject to the proposed bilateral safeguard measureand its subheading under the Harmonized System, a precise description of the proposed
bilateral safeguard measure, and the proposed date of the introduction and the expected
duration of the proposed bilateral safeguard measure.

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ARTICLE 5.6
Consultations and compensations
1.

A Party proposing to apply or extend a bilateral safeguard measure shall provide adequate

opportunity for prior consultations with the other Party with a view to reviewing the information
arising from the investigation referred to in paragraph 1 of Article 5.4, exchanging views on thebilateral safeguard measure and reaching an agreement on compensation as provided for in this
Article.
2.

A Party proposing to apply or extend a bilateral safeguard measure shall provide the otherParty with mutually agreed adequate means of trade compensation in the form of concessions ofcustoms duties, the value of which is substantially equivalent to that of the additional customs
duties expected to result from the bilateral safeguard measure.
3.

If the Parties are unable to agree on the compensation within 30 days after the commencementof the consultations, the Party to whose originating good the bilateral safeguard measure is applied
shall be free to suspend the application of concessions of customs duties under this Agreement, thevalue of which is substantially equivalent to that of the additional customs duties resulting from thebilateral safeguard measure. The Party exercising the right of suspension may suspend theapplication of concessions of customs duties only for the minimum period necessary to achieve thesubstantially equivalent effects and only while the bilateral safeguard measure is maintained.
4.

Notwithstanding paragraph 3, the right of suspension referred to in that paragraph shall not be

exercised for the first 24 months during which a bilateral safeguard measure is in effect, provided
that the bilateral safeguard measure has been taken as a result of an absolute increase in imports andthat such a bilateral safeguard measure conforms to the provisions of this Agreement.

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ARTICLE 5.7
Provisional bilateral safeguard measures
1.

In critical circumstances, where delay would cause damage which would be difficult to repair,a Party may apply a provisional bilateral safeguard measure, which shall take the form of a measure
set out in subparagraph 2(a) or (b) of Article 5.2, pursuant to a preliminary determination that thereis clear evidence that increased imports of an originating good of the other Party have caused or are
threatening to cause serious injury to a domestic industry of the Party proposing to apply theprovisional bilateral safeguard measure.
2.

A Party shall notify the other Party in writing of its proposed provisional bilateral safeguard

measure no later than at the date of application thereof. Consultations between the Parties on theapplication of the provisional bilateral safeguard measure shall be initiated immediately after theprovisional bilateral safeguard measure is applied. The notification shall contain evidence of theexistence of critical circumstances, evidence of serious injury or threat of serious injury caused by
the increased imports of the originating good, a precise description of the originating good subject
to the proposed provisional bilateral safeguard measure and its subheading under the Harmonized
System, and a precise description of the proposed provisional bilateral safeguard measure.
3.

The duration of a provisional bilateral safeguard measure shall not exceed 200 days. Duringthat period, the pertinent requirements of Article 5.4 shall be met. The duration of the provisional
bilateral safeguard measure shall be counted as part of the period referred to in paragraph 1 of
Article 5.3.
4.

Paragraph 5 of Article 5.3 shall apply, mutatis mutandis, to a provisional bilateral safeguard

measure. The customs duty imposed as a result of the provisional bilateral safeguard measure shallbe refunded if the subsequent investigation referred to in paragraph 1 of Article 5.4 does notdetermine that the increased imports of the originating good subject to the provisional bilateralsafeguard measure have caused or threatened to cause serious injury to a domestic industry.

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ARTICLE 5.8
Miscellaneous
The notifications referred to in paragraph 1 of Article 5.5 and paragraph 2 of Article 5.7 and anyother communication between the Parties under this Section shall be made in English.

SECTION C
Global safeguard measures

ARTICLE 5.9
General provisions
1.

Nothing in this Chapter shall prevent a Party from applying safeguard measures to an

originating good of the other Party in accordance with Article XIX of GATT 1994 and theAgreement on Safeguards.
2.

The provisions of this Section shall not be subject to dispute settlement under Chapter 22.

ARTICLE 5.10
Application of safeguard measures
A Party shall not apply or maintain, with respect to the same good, at the same time:(a)a bilateral safeguard measure set out in Section B;(b)a measure under Article XIX of GATT 1994 and the Agreement on Safeguards; or91- 91 -

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(c)a safeguard measure set out in Section C of Part 3 of Annex 2-A.

SECTION D
Anti-dumping and countervailing measures

ARTICLE 5.11
General provisions
1.

The Parties maintain their rights and obligations under the Agreement on Anti-Dumping and

the SCM Agreement.
2.

The provisions of this Section shall not be subject to dispute settlement under Chapter 22.

3.

Chapter 3 shall not apply to anti-dumping and countervailing measures under this Agreement.

ARTICLE 5.12
Transparency and disclosure of essential facts
1.

Each Party shall conduct anti-dumping and countervailing duty investigations in a fair andtransparent manner, and based on the Agreement on Anti-Dumping and the SCM Agreement.

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2.

Each Party shall ensure, before or immediately after any imposition of provisional measuresreferred to in Article 7 of the Agreement on Anti-Dumping and Article 17 of the SCM Agreement,
and in any case before a final determination is made, full disclosure of the essential facts underconsideration which form the basis for the decision on whether to apply provisional and definitive
measures. The full disclosure of essential facts is without prejudice to the requirements on
confidentiality referred to in Article 6.5 of the Agreement on Anti-Dumping and Article 12.4 of the
SCM Agreement. Such disclosure shall be made in writing, and should take place in sufficient time
for interested parties to defend their interests.
3.

The disclosure of the essential facts, which is made in accordance with paragraph 2, shallcontain in particular:(a)in the case of an anti-dumping investigation, the margins of dumping established, and a
sufficiently detailed explanation of the basis and methodology upon which normal values andexport prices were established, and of the methodology used in the comparison of the normal
values and export prices including any adjustments;(b)in the case of a countervailing duty investigation, the determination of countervailable
subsidisation, including sufficient details on the calculation of the amount and methodology
followed to determine the existence of subsidisation; and(c)information relevant to the determination of injury, including information concerning thevolume of the dumped imports and the effect of the dumped imports on prices in the domestic
market for like goods, the detailed methodology used in the calculation of price undercutting,the consequent impact of the dumped imports on the domestic industry, and the demonstrationof a causal relationship including the examination of factors other than the dumped imports as
referred to in Article 3.5 of the Agreement on Anti-Dumping.

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4.

In cases in which an investigating authority1 of a Party intends to make use of the facts

available pursuant to Article 6.8 of the Agreement on Anti-Dumping, the investigating authority
shall inform the interested party concerned of its intentions and give a clear indication of thereasons which may lead to the use of the facts available. If, after having been given the opportunity
to provide further explanations within a reasonable time period, the explanations given by theinterested party concerned are considered by the investigating authority as not being satisfactory,
the disclosure of essential facts shall contain a clear indication of the facts available that theinvestigating authority has used instead.

ARTICLE 5.13
Consideration of public interest
When conducting anti-dumping and countervailing duty investigations on a good, the investigating
authority of the importing Party shall, in accordance with its laws and regulations, provide
opportunities for producers in the importing Party of the like good, for importers of the good, forindustrial users of the good and for representative consumer organisations in cases where the goodis commonly sold at the retail level, to submit their views in writing with regard to the anti-dumping
and countervailing duty investigation, including concerning the potential impact of a duty on theirsituation.

1

For the purposes of this Section, for Japan, an investigating authority includes its relevant
investigating authorities.
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ARTICLE 5.14
Anti-dumping investigation
When the investigating authority of the importing Party has received a written application by or on
behalf of its domestic industry for the initiation of an anti-dumping investigation in respect of agood from the exporting Party, the importing Party shall notify, at least 10 days in advance of theinitiation of such investigation, the exporting Party of such application.

ARTICLE 5.15
Imposition of anti-dumping and countervailing duties ("Lesser duty rule")
The investigating authority of the importing Party may consider whether the amount of the antidumping duty or the countervailing duty to be imposed shall be the full margin of dumping or lessor the full amount of the subsidy or less, respectively, in accordance with the importing Party's laws
and regulations.

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CHAPTER 6SANITARY AND PHYTOSANITARY MEASURES

ARTICLE 6.1
Objectives
The objectives of this Chapter are to:(a)protect human, animal or plant life or health through the development, adoption andenforcement of sanitary and phytosanitary measures while minimising their negative effects
on trade between the Parties;(b)

promote cooperation between the Parties on the implementation of the SPS Agreement; and(c)provide means for improving communication and cooperation between the Parties, aframework for addressing matters related to the implementation of sanitary and phytosanitary
measures, and means for achieving mutually acceptable solutions.

ARTICLE 6.2
Scope of application
This Chapter applies to all sanitary and phytosanitary measures of the Parties under the
SPS Agreement that may, directly or indirectly, affect trade between the Parties.

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ARTICLE 6.3
Definitions
1.

For the purposes of this Chapter,(a)the definitions set out in Annex A to the SPS Agreement apply; and(b)

the relevant definitions adopted under the auspices of the Codex Alimentarius Commission(hereinafter referred to as "Codex Alimentarius"), the World Organisation for Animal Health(hereinafter referred to as "OIE") and the International Plant Protection Convention(hereinafter referred to as "IPPC") apply, unless otherwise agreed by the Committee on
Sanitary and Phytosanitary Measures established pursuant to Article 23.3.

In the event of an inconsistency between the definitions set out in the SPS Agreement and thedefinitions adopted under the auspices of Codex Alimentarius, the OIE and the IPPC, the definitions
set out in the SPS Agreement shall prevail.
2.

For the purposes of this Chapter, "import conditions" means any sanitary or phytosanitary

measures that are required to be fulfilled for the import of products.

ARTICLE 6.4
Relation to the WTO Agreement
The Parties affirm their rights and obligations relating to sanitary and phytosanitary measures under
the SPS Agreement. Nothing in this Chapter shall affect the rights and obligations of each Party
under the SPS Agreement.

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ARTICLE 6.5
Competent authorities and contact points
1.

As of the date of entry into force of this Agreement, each Party shall provide the other Party

with a description of the competent authorities for the implementation of this Chapter and a contact
point for communication on all matters covered by this Chapter.
2.

Each Party shall inform the other Party of any significant changes in the structure,organisation and division of responsibilities of their competent authorities and ensure that the
information on contact points is kept up to date.

ARTICLE 6.6
Risk assessment
The Parties shall ensure that their sanitary and phytosanitary measures are based on risk assessmentin accordance with Article 5 and other relevant provisions of the SPS Agreement.

ARTICLE 6.7
Import conditions, import procedures and trade facilitation
1.

Import conditions shall be established by the importing Party in order to achieve theappropriate level of protection, subject to and taking into account consultations between the Parties
when necessary.
2.

Without prejudice to the rights and obligations of each Party under the SPS Agreement, theimporting Party should, if requested by the exporting Party, apply the import conditions for
products to the entire territory of the exporting Party in a consistent manner.

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3.

Paragraphs 1 and 2 shall not affect the import conditions existing between the Parties on thedate of entry into force of this Agreement. The Parties shall give consideration to any request for areview of those import conditions.
4.

Each Party shall ensure, with respect to any import procedures to check and ensure thefulfilment of sanitary or phytosanitary measures, including those for the approval and clearance,
that:
(a)

such procedures are simplified, expedited and completed without undue delay, in accordancewith the SPS Agreement;(b)such procedures are not applied in a manner which would constitute an arbitrary or
unjustifiable discrimination against the other Party;(c)the standard processing period of each procedure is published or that the anticipatedprocessing period is communicated to the applicant upon request; and(d)information requirements are limited to what is necessary for appropriate control, inspection
and approval procedures, including for the approval of the use of additives or for theestablishment of tolerances for contaminants in food, beverages or feedstuffs.

5.

Taking into account the applicable standards developed under the IPPC, the Parties shallmaintain adequate information on their pest status, including surveillance, eradication andcontainment programmes and their results, in order to support the categorisation of pests and tojustify phytosanitary import conditions.
6.

Each Party shall establish lists of regulated pests for commodities1 where phytosanitaryconcerns exist. The lists shall contain, as appropriate:(a)the quarantine pests not known to occur within any part of its territory;

1

For greater certainty, for the purposes of this Chapter, "commodities" is understood in
accordance with the Glossary of Phytosanitary Terms (International Standards for
Phytosanitary Measures No.5) produced by the Secretariat of the IPPC.
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(b)the quarantine pests which are known to occur within any part of its territory but are notwidely distributed and under official control; and(c)any other regulated pest for which phytosanitary measures may be taken.

For commodities for which phytosanitary concerns exist, import conditions shall be limited tomeasures ensuring the absence of regulated pests of the importing Party. The importing Party shallmake available its list of regulated commodities and the phytosanitary import requirements for all
regulated commodities. This information shall include, as appropriate, the specific quarantine pests
and additional declarations on phytosanitary certificates as prescribed by the importing Party.
7.

Where it is necessary to establish import conditions to respond to a request of the exporting

Party:(a)the importing Party shall take all necessary steps to allow the import of the products
concerned without undue delay; and(b)the exporting Party shall:

8.

(i)

provide all relevant information required by the importing Party; and(ii)

give reasonable access to the importing Party for audit and other relevant procedures.

Where a range of alternative sanitary or phytosanitary measures are available to attain theappropriate level of protection of the importing Party, the Parties shall, on request of the exporting
Party, consider selecting a more practicable and less trade-restrictive solution.
9.

Where a certificate issued by the exporting Party is required for sanitary or phytosanitary

objectives, the format of the certificate and its contents shall be agreed by the Parties, taking into
account international standards, guidelines or recommendations of the Codex Alimentarius, OIE or
IPPC.
10.

Each Party shall promote the implementation of electronic certification and other technologies

to facilitate trade.
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11.

The purpose of the verifications by officials of the importing Party in the territory of theexporting Party should be to facilitate new trade. Those verifications should not become apermanent measure. The importing Party shall replace an existing verification measure by analternative measure which verifies compliance with the agreed requirements for phytosanitary
measures by the exporting Party, if so requested by the exporting Party and accepted without undue
delay by the importing Party.
12.

Consignments of regulated commodities shall be accepted on the basis of adequate assurancesby the exporting Party, without specific import authorisations in the form of a licence or permit,
except where an official consent for import is necessary, based on the relevant standards, guidelines
and recommendations of the IPPC.
13.

Pest risk analysis shall begin as promptly as possible and shall be concluded without undue

delay.
14.

Any fees imposed for the procedures on imported products from the exporting Party shall beequitable in relation to any fees charged on like domestic products and should be no higher than theactual cost of the service, in accordance with subparagraph 1(f) of Annex C to the SPS Agreement.

ARTICLE 6.8
Audit
1.

In order to attain and maintain confidence in the effective implementation of this Chapter, theParties shall assist each other to carry out audits of:(a)all or parts of the exporting Party's inspection and certification system; and(b)

the results of the controls carried out under the exporting Party's inspection and certification
system.

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The Parties shall carry out those audits in accordance with the SPS Agreement, taking into accountthe relevant international standards, guidelines and recommendations of the Codex Alimentarius,
OIE or IPPC.
2.

The importing Party may conduct audits by requesting information from the exporting Party

or by audit visits to the exporting Party.
3.

An audit visit shall be carried out under the conditions agreed in advance by the Parties.

4.

The importing Party shall provide the exporting Party with the opportunity to comment inwriting on the findings of the audit. The importing Party shall take any such comments into accountbefore reaching its conclusions and taking any action thereon. The importing Party shall, without
undue delay, provide the exporting Party with a written report setting out its conclusions.
5.

The costs for an audit visit shall be borne by the importing Party unless otherwise agreed by

the Parties.

ARTICLE 6.9
Procedure for listing of establishments or facilities
1.

When required by the importing Party, the competent authorities of the exporting Party shallensure that lists of establishments and facilities which comply with the importing Party's importconditions are drawn up, kept updated and communicated to the importing Party.
2.

The importing Party may request the exporting Party to provide information which isnecessary to consider the lists referred to in paragraph 1. Unless additional information is required
to verify the entries on the lists, the importing Party shall take the necessary measures to allow
imports from the listed establishments and facilities without undue delay. Without prejudice to
Article 6.13, such measures shall not include prior inspection unless such inspection is required byeach Party's laws and regulations or otherwise agreed by the Parties.

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3.

The importing Party may conduct audits in accordance with Article 6.8.

4.

The importing Party shall make the lists referred to in paragraph 1 publicly available asappropriate.
5.

A Party shall notify the other Party of its intention to introduce new laws and regulations

within the scope of this Article and allow the other Party to provide comments thereon.

ARTICLE 6.10
Adaptation to regional conditions
1.

With regard to animals, animal products and animal by-products, the Parties recognise theconcept of zone and compartment specified in the OIE Terrestrial Animal Health Code and the OIE
Aquatic Animal Health Code.
2.

When establishing or maintaining sanitary import conditions on the request of the exporting

Party, the importing Party shall recognise the zones or compartments established by the exporting
Party as a basis for consideration towards the determination of allowing or maintaining the import.
3.

The exporting Party shall identify its zones or compartments referred to in paragraph 2 and,on request of the importing Party, provide a full explanation and supporting data based on the OIE
Terrestrial Animal Health Code or the OIE Aquatic Animal Health Code, or in other ways as
deemed appropriate by the Parties on the basis of the knowledge acquired through experience of theexporting Party's competent authorities.
4.

Each Party shall ensure that the procedures and obligations established by paragraphs 2 and 3

are carried out without undue delay.
5.

Unless the Parties agree otherwise, the Parties will, through the Committee on Sanitary andPhytosanitary Measures, exchange information on a way to establish and maintain mutual
recognition of health status, based on the OIE Terrestrial Animal Health Code andrecommendations adopted by the OIE.
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6.

Each Party may establish the zones or compartments referred to in paragraph 2 for diseases

not covered by the OIE Terrestrial Animal Health Code or the OIE Aquatic Animal Health Codeand agree with the other Party to apply such zones or compartments in the trade between the Parties.
7.

With regard to plants and plant products, the Parties recognise the concepts of pest free areas,

pest free places of production, pest free production sites and areas of low pest prevalence specified
in the International Standards for Phytosanitary Measures developed under the IPPC.
8.

When establishing or maintaining phytosanitary import conditions on request of the exporting

Party, the importing Party shall recognise the pest free areas, pest free places of production, pest
free production sites and areas of low pest prevalence established by the exporting Party as a basis
for consideration towards the determination to allow or maintain the import.
9.

The exporting Party shall identify its pest free areas, pest free places of production, pest freeproduction sites and areas of low pest prevalence. If requested by the importing Party, the exporting
Party shall provide a full explanation and supporting data based on the relevant International
Standards for Phytosanitary Measures developed under the IPPC, or in other ways as deemed
appropriate by the Parties, based on the knowledge acquired through experience of the exporting
Party's relevant phytosanitary authorities.
10.

In implementing paragraphs 7 to 9, technical consultations and audits may be carried out.

Technical consultations shall take place in accordance with Article 6.12. The audits shall be carriedout in accordance with Article 6.8, taking into account the biology of the pest and the commodity
concerned.
11.

Each Party shall ensure that the procedures and obligations set out in paragraphs 8 to 10 are

carried out without undue delay.

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ARTICLE 6.11
Transparency and exchange of information
1.

Each Party shall, in accordance with Article 7 of the SPS Agreement and Annexes B and C to

the SPS Agreement:(a)ensure transparency as regards:(i)sanitary and phytosanitary measures, including import conditions; and(ii)

control, inspection and approval procedures, including complete details about the
mandatory administrative steps, expected timelines and the authorities in charge ofreceiving import applications and of processing them;(b)enhance mutual understanding of each Party's sanitary and phytosanitary measures and theirapplication; and(c)on a reasonable request of the other Party and as soon as possible, provide information on its
sanitary and phytosanitary measures and their application, including:(i)

import conditions that apply to the import of specific products;(ii)

the state of progress of applications for authorisation of specific products;(iii) the frequency of import checks carried out on products from the other Party; and(iv) matters related to the development and application of its sanitary and phytosanitary
measures, including the progress concerning new available scientific evidence, that
affect or may affect trade between the Parties with a view to minimising their negative
effects.

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2.

When the information referred to in subparagraphs 1(a) and (c) has been made available bynotification of a Party under the SPS Agreement, or when such information has been made available
on an official, publicly accessible and free of charge website of that Party, the information referred
to in subparagraphs 1(a) and (c) shall be considered to have been provided.

ARTICLE 6.12
Technical consultations
1.

Where a Party has significant concerns regarding human, animal or plant life or health, ormeasures proposed or implemented by the other Party, that Party may request technicalconsultations.
2.

The other Party shall respond to such a request without undue delay and shall engage in thetechnical consultations to address those concerns.
3.

Each Party shall endeavour to provide the information necessary to avoid a disruption in tradeor to reach a mutually acceptable solution.
4.

Where the Parties have already established other mechanisms than those referred to in this

Article to address the concerns, they shall make use of them to the extent possible in order to avoid
unnecessary duplication.
5.

Each Party may terminate technical consultations by notifying the other Party in writing at

any time no less than 90 days after the date of receipt of the response by the other Party referred toin paragraph 2, or any other time period as agreed by the Parties.

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ARTICLE 6.13
Emergency measures
1.

A Party may adopt emergency measures that are necessary for the protection of human,

animal or plant life or health. When adopting such emergency measures the competent authority ofthat Party shall:(a)immediately notify the competent authorities of the other Party of such emergency measures;(b)allow the other Party to submit comments in writing;(c)engage, if necessary, in technical consultations as referred to in Article 6.12; and(d)take into account the comments referred to in subparagraph (b) and the results of technicalconsultations referred to in subparagraph (c).

2.

In order to avoid unnecessary disruptions to trade, the importing Party shall consider

information provided in a timely manner by the exporting Party when making decisions withrespect to consignments that, at the time of adoption of emergency measures, are being transported
between the Parties.
3.

The importing Party shall ensure that any emergency measure referred to in paragraph 1 is not

maintained without scientific evidence. In cases where scientific evidence is insufficient, theimporting Party may provisionally adopt emergency measures on the basis of available pertinent
information, including that from the relevant international organisation. The importing Party shallreview the emergency measure with a view to minimising its negative effect on trade by either
repealing that measure or replacing it by a permanent measure.

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ARTICLE 6.14
Equivalence1.

The importing Party shall accept sanitary and phytosanitary measures of the exporting Party

as equivalent if the exporting Party objectively demonstrates to the importing Party that its
measures achieve the importing Party's appropriate level of protection. For that purpose, reasonable
access shall be given, upon request, to the importing Party for inspection, testing and other relevant
procedures.
2.

The Parties shall, on request of either Party, enter into consultations with the aim of achieving

arrangements determining the equivalence of specified sanitary and phytosanitary measures.
3.

In determining the equivalence of sanitary and phytosanitary measures, the Parties shall take

into account the relevant guidance of the WTO Committee on Sanitary and Phytosanitary Measures,in particular its Decision on the Implementation of Article 4 of the Agreement on the Application of
Sanitary and Phytosanitary Measures1 and international standards, guidelines and recommendationsof the Codex Alimentarius, OIE or IPPC.
4.

Where equivalence has been determined, the Parties may agree on alternative importconditions and simplified certificates, taking into account international standards, guidelines orrecommendations of the Codex Alimentarius, OIE or IPPC.

ARTICLE 6.15
Committee on Sanitary and Phytosanitary Measures
1.

The Committee on Sanitary and Phytosanitary Measures established pursuant to Article 23.3

shall be responsible for the effective implementation and operation of this Chapter.
2.

The objectives of the Committee on Sanitary and Phytosanitary Measures are to:1

WTO Document G/SPS/19/Rev.2, dated 23 July 2004, as may be revised.
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15:54:07(a)enhance each Party's implementation of this Chapter;(b)consider sanitary and phytosanitary matters of mutual interest; and(c)enhance communication and cooperation on sanitary and phytosanitary matters of mutualinterest.

3.

The Committee on Sanitary and Phytosanitary Measures:(a)shall provide a forum to improve the Parties' understanding of sanitary and phytosanitary
matters that relate to the implementation of the SPS Agreement;(b)shall provide a forum to enhance mutual understanding of each Party's sanitary andphytosanitary measures and the related regulatory processes;(c)shall monitor, review and exchange information on the implementation and operation of this
Chapter;(d)shall serve as a forum to address the concerns referred to in paragraph 1 of Article 6.12 with aview to reaching mutually acceptable solutions provided that the Parties have first attemptedto address them through the technical consultations pursuant to Article 6.12 and other topics
agreed by the Parties;(e)shall determine the appropriate means, which may include ad hoc working groups, toundertake specific tasks related to the functions of the Committee on Sanitary andPhytosanitary Measures;(f)may identify and consider technical cooperation projects between the Parties in relation to thedevelopment, implementation and application of sanitary and phytosanitary measures; and(g)may consult on matters and positions for the meetings of the WTO Committee on Sanitaryand Phytosanitary Measures and meetings held under the auspices of the Codex Alimentarius,
OIE and IPPC.
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4.

The Committee on Sanitary and Phytosanitary Measures shall be composed of representativesof the Parties who are in charge of sanitary and phytosanitary measures with the relevant expertise.
5.

The Committee on Sanitary and Phytosanitary Measures shall establish its rules of procedureand may revise those rules as necessary.
6.

The Committee on Sanitary and Phytosanitary Measures shall hold the first meeting within

one year of the date of entry into force of this Agreement.

ARTICLE 6.16
Dispute settlement
The provisions of this Chapter shall not be subject to dispute settlement under Chapter 22.

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CHAPTER 7
TECHNICAL BARRIERS TO TRADE

ARTICLE 7.1
Objectives
The objectives of this Chapter are to facilitate and to increase trade in goods between the Parties by:(a)ensuring that technical regulations, standards and conformity assessment procedures do notcreate unnecessary obstacles to trade;(b)enhancing joint cooperation between the Parties, including on the implementation of the
TBT Agreement; and(c)pursuing appropriate ways to reduce unnecessary negative effects on trade by measures within
the scope of this Chapter.

ARTICLE 7.2
Scope
1.

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

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2.

Each Party shall take such reasonable measures as may be available to it to encourage theobservance of the provisions of Articles 7.5 to 7.11 by local government bodies within its territoryon the level directly below that of the central government1, which are responsible for the
preparation, adoption and application of technical regulations, standards and conformity assessment
procedures.
3.

This Chapter does not apply to:(a)purchasing specifications prepared by a governmental body for its production or consumption
requirements; or(b)sanitary and phytosanitary measures as defined in Annex A to the SPS Agreement.

ARTICLE 7.3
Incorporation of certain provisions of the TBT Agreement
1.

The Parties affirm their rights and obligations under the TBT Agreement.

2.

Articles 2 to 9 of the TBT Agreement and Annexes 1 and 3 to the TBT Agreement areincorporated into and made part of this Agreement, mutatis mutandis.
3.

Where a dispute arises regarding a particular measure of a Party which the other Party alleges

to be exclusively in breach of the provisions of the TBT Agreement referred to in paragraph 2, that
other Party shall, notwithstanding paragraph 1 of Article 22.27, select the dispute settlement
mechanism under the WTO Agreement.

1

For the purposes of this Chapter, for the United Kingdom, "local government bodies within its
territory on the level directly below that of the central government" includes local government
bodies on the level directly below that of the Government of the United Kingdom and the
Devolved Administrations.
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ARTICLE 7.4
Definitions
For the purposes of this Chapter, the terms and definitions set out in Annex 1 to the
TBT Agreement apply.

ARTICLE 7.5
Technical regulations
1.

The Parties recognise the importance of good regulatory practices with regard to the

preparation, adoption and application of technical regulations, in particular of the work carried out
by the WTO Committee on Technical Barriers to Trade on good regulatory practices. In thiscontext, each Party undertakes to:(a)when developing a technical regulation:(i)assess, in accordance with its laws and regulations or administrative guidelines, theavailable regulatory or non-regulatory alternatives to the proposed technical regulationthat may fulfil its legitimate objective, in order to ensure that the proposed technicalregulation is not more trade-restrictive than necessary to fulfil its legitimate objective, in
accordance with paragraph 2 of Article 2 of the TBT Agreement; nothing in thisprovision shall affect the rights of each Party to prepare, adopt and apply measures
without delay where urgent problems including safety, health, environmental protection
or national security arise or threaten to arise;(ii)

endeavour to systematically carry out impact assessments for technical regulations withsignificant effect on trade, including an assessment of their impact on trade; and(iii) specify, wherever appropriate, technical regulations based on product requirements interms of performance rather than design or descriptive characteristics; and113- 113 -

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(b)review, without prejudice to paragraph 3 of Article 2 of the TBT Agreement, adopted
technical regulations at appropriate intervals, preferably not exceeding five years, in particularwith a view to increasing their convergence with relevant international standards. In
undertaking this review, each Party shall, inter alia, take into account any new developmentin the relevant international standards and whether the circumstances giving rise todivergences of that Party's technical regulations from any relevant international standard
continue to exist. The outcome of this review shall be communicated and explained to theother Party on its request.

2.

When a Party considers that its technical regulation and a technical regulation of the otherParty that have the same objectives and product coverage are equivalent, that Party may request in
writing, providing detailed reasons, that the other Party recognise those technical regulations asequivalent. The requested Party shall give positive consideration to accepting those technicalregulations as equivalent, even if they differ, provided that it is satisfied that the technical regulationof the requesting Party adequately fulfils the objectives of its own technical regulation. If therequested Party does not accept a technical regulation of the requesting Party as equivalent, therequested Party shall, on request of the requesting Party, explain the reasons for its decision.
3.

On request of a Party that has an interest in developing a technical regulation similar to atechnical regulation of the other Party, the requested Party shall, to the extent practicable, provide
the requesting Party with relevant information, including studies or documents, except for
confidential information, on which it has relied in developing its technical regulation.
4.

Each Party shall uniformly and consistently apply requirements relating to the placement of

products on the market which are established in technical regulations applicable to its wholeterritory. If a Party has substantiated reasons to believe that any of these requirements are notapplied uniformly and consistently in the territory of the other Party, and that this situation leads tosignificant impact on bilateral trade, that Party may notify the other Party of those substantiatedreasons with a view to clarifying the issue, and, if appropriate, addressing it in a timely manner by
the contact point referred to in Article 7.15 or by other appropriate bodies established under thisAgreement.

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ARTICLE 7.6
International standards
1.

For the purposes of applying this Chapter and the TBT Agreement, standards issued byinternational organisations such as the International Organisation for Standardisation (ISO), theInternational Electrotechnical Commission (IEC), the International Telecommunication Union(ITU), the Codex Alimentarius Commission, the International Civil Aviation Organisation (ICAO),
the World Forum for Harmonisation of Vehicle Regulations (WP.29) within the framework of theUnited Nations Economic Commission for Europe (UNECE), the United Nations Sub-Committeeof Experts on the Globally Harmonized System of Classification and Labelling of Chemicals(UNSCEGHS), and the International Council for Harmonisation of Technical Requirements for
Pharmaceuticals for Human Use (ICH) shall be considered as relevant international standards asreferred to in this Chapter, Articles 2 and 5 of the TBT Agreement and Annex 3 to the
TBT Agreement, provided that in their development, the principles and procedures set out in theDecision of the WTO Committee on Technical Barriers to Trade on Principles for the Developmentof International Standards, Guides and Recommendations with Relation to Articles 2 and 5 of the
TBT Agreement and Annex 3 to the TBT Agreement1 have been followed, except when suchstandards or relevant parts of them would be ineffective or inappropriate for the fulfilment of thelegitimate objectives pursued.
2.

With a view to harmonising standards on as wide a basis as possible, each Party shallencourage national standardising bodies within its territory to:(a)play a full part, within the limits of their resources, in the preparation by relevant international
standardising bodies of international standards;(b)

use relevant international standards as a basis for the standards they develop, except wheresuch international standards would be ineffective or inappropriate, for instance because of an
insufficient level of protection or fundamental climatic or geographical factors or fundamental
technological problems;1

Annex 4 to WTO Document G/TBT/9, dated 13 November 2000, as may be revised.
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(c)avoid duplication of, or overlap with, the work of international standardising bodies; and(d)review their standards which are not based on relevant international standards at appropriate
intervals, preferably not exceeding five years, with a view to increasing their convergencewith relevant international standards.

3.

When developing technical regulations or conformity assessment procedures:(a)each Party shall use relevant international standards, guides or recommendations, or the
relevant parts of them, to the extent provided for in paragraph 4 of Article 2 and inparagraph 4 of Article 5 of the TBT Agreement, as a basis for its technical regulations andconformity assessment procedures and avoid deviations from the relevant international
standards or additional requirements when compared to those standards, except when the
Party developing the technical regulation or conformity assessment procedure candemonstrate, based on relevant information, including available scientific or technicalevidence, that such international standards would be ineffective or inappropriate for thefulfilment of legitimate objectives pursued, as referred to in paragraph 2 of Article 2 andparagraph 4 of Article 5 of the TBT Agreement; and(b)

if a Party does not use relevant international standards, guides or recommendations, or the
relevant parts of them, as referred to in paragraph 1, as a basis for its technical regulations or
conformity assessment procedures, that Party shall, on request of the other Party, explain thereasons why it considers such international standards to be ineffective or inappropriate for thefulfilment of legitimate objectives pursued, as referred to in paragraph 2 of Article 2 andparagraph 4 of Article 5 of the TBT Agreement, and provide the relevant information,
including available scientific or technical evidence on which this assessment is based, as wellas identify the parts of the technical regulation or conformity assessment procedure concerned
which in substance deviate from the relevant international standards, guides orrecommendations.

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4.

Each Party shall encourage national standardising bodies within its territory to cooperate withthe relevant standardising bodies of the other Party in international standardising activities. Suchcooperation may take place in international standardising bodies of which both Parties orstandardising bodies of both Parties are members. Such bilateral cooperation could aim, inter alia,
at promoting the development of international standards, facilitating the development of common
standards for both Parties in areas of shared interest where there are no international standards, inparticular as regards new products or technologies, or further enhancing the exchange of
information between the standardising bodies of the Parties.

ARTICLE 7.7
Standards
1.

The Parties affirm their obligations under paragraph 1 of Article 4 of the TBT Agreement toensure that national standardising bodies within their territories accept and comply with the Code ofGood Practice for the Preparation, Adoption and Application of Standards in Annex 3 to the
TBT Agreement.
2.

The Parties recall that, pursuant to the definition of a standard in Annex 1 to the

TBT Agreement, compliance with standards is not mandatory. Where compliance with a standard isrequired in a Party through incorporation of, or reference to, that standard in a technical regulationor conformity assessment procedure, the Party shall, in developing the draft technical regulation orconformity assessment procedure, comply with the transparency obligations set out in paragraph 9of Article 2 or paragraph 6 of Article 5 of the TBT Agreement, and in Article 7.9.
3.

Each Party shall encourage, subject to its laws and regulations, national standardising bodies

within its territory to ensure adequate participation of interested persons within the territory of that
Party in the standard development process and to allow persons of the other Party to participate in
consultation procedures, which are available to the general public, on terms no less favourable thanthose accorded to its own persons.

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4.

The Parties undertake to exchange information on:(a)each Party's use of standards in support of demonstrating or facilitating compliance withtechnical regulations;(b)their standard setting processes, in particular the manner and extent to which international orregional standards are used as a basis for their national standards; and(c)cooperation agreements or arrangements on standardisation with third parties or internationalorganisations.

ARTICLE 7.8
Conformity assessment procedures
1.

With respect to the preparation, adoption and application of technical regulations,subparagraphs 1(a)(i), 1(a)(ii) and 1(b) of Article 7.5 also apply, mutatis mutandis, to conformity
assessment procedures.
2.

In conformity with paragraph 1.2 of Article 5 of the TBT Agreement, each Party shall ensurethat conformity assessment procedures are not stricter or are not applied more strictly than isnecessary to give the importing Party adequate confidence that products conform with theapplicable technical regulations or standards, taking into account the risks associated with products,
including the risks that non-conformity would create.
3.

The Parties recognise that a broad range of mechanisms exist to facilitate the acceptance ofthe results of conformity assessment procedures. Such mechanisms may include:(a)mutual recognition agreements for the results of conformity assessment procedures withrespect to specific technical regulations conducted by bodies located in the territory of theother Party;

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(b)cooperative and voluntary arrangements between conformity assessment bodies located in the
territories of the Parties;(c)plurilateral and multilateral recognition agreements or arrangements to which both Parties are
participants;(d)the use of accreditation to qualify conformity assessment bodies;(e)government designation of conformity assessment bodies, including conformity assessment
bodies located in the other Party;(f)recognition by a Party of results of conformity assessment procedures conducted in the
territory of the other Party; and(g)manufacturer's or supplier's declaration of conformity.

4.

The Parties shall exchange information regarding the mechanisms covered by paragraph 3.

A Party shall, on request of the other Party, provide information on:(a)the mechanisms referred to in paragraph 3 and similar mechanisms with a view to facilitating
the acceptance of the results of conformity assessment procedures;(b)factors, including assessment and management of risk, considered when selecting appropriate
conformity assessment procedures for specific products; and(c)accreditation policy, including on international standards for accreditation, and international
agreements and arrangements in the field of accreditation, including those of the International
Laboratory Accreditation Cooperation (ILAC) and the International Accreditation Forum(IAF), to the extent possible and used by a Party in a specific area.

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5.

With regard to those mechanisms each Party shall:(a)use, whenever possible and in accordance with its laws and regulations, a supplier's
declaration of conformity as assurance of conformity with the applicable technicalregulations;(b)

use accreditation with authority derived from government or performed by government, as
appropriate, as a means to demonstrate technical competence to qualify conformity
assessment bodies;(c)

if accreditation is established by law as a necessary separate step to qualify conformity
assessment bodies, ensure that accreditation activities are independent from conformity
assessment activities and that there are no conflicts of interest between accreditation bodies
and the conformity assessment bodies they accredit; the Parties may comply with thisobligation by means of the separation of conformity assessment bodies from accreditation
bodies;1(d)consider joining or, as applicable, not prohibit testing, inspection and certification bodies fromjoining, international agreements or arrangements for the facilitation of acceptance ofconformity assessment results; and(e)

if two or more conformity assessment bodies are authorised by a Party to carry out conformity
assessment procedures required for placing a product on the market, not prohibit economic
operators from choosing among conformity assessment bodies.

6.

The Parties shall cooperate in the field of mutual recognition in accordance with the Protocol

on Mutual Recognition. The Parties may also decide, in accordance with relevant provisions of theProtocol on Mutual Recognition, to extend the coverage as regards to the products, the applicableregulatory requirements and the recognised conformity assessment bodies.

1

Subparagraph (c) does not apply to the conformity assessment activities performed by a Party
itself where that Party retains the final decision-making authority regarding the conformity ofa product.
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ARTICLE 7.9
Transparency
1.

When developing a technical regulation or conformity assessment procedure which may havea significant effect on trade, each Party shall:(a)carry out consultation procedures, subject to its laws and regulations, which are available to
the general public and make the results of such consultation procedures and any existing
impact assessments publicly available;(b)allow persons of the other Party to participate in consultation procedures which are available
to the general public on terms no less favourable than those accorded to its own persons;(c)take into account the other Party's views when carrying out consultation procedures which areavailable to the general public and, on request of the other Party, provide written responses ina timely manner to the comments made by that Party;(d)in addition to subparagraph 1(a)(ii) of Article 7.5, make publicly available the results of the
impact assessment on a proposed technical regulation or conformity assessment procedure, if
carried out, including of the impact on trade; and(e)endeavour to provide, on request of the other Party, a summary in English of the impact
assessment referred to in subparagraph (d).

2.

Each Party shall, when making notifications in accordance with paragraph 9.2 of Article 2 orparagraph 6.2 of Article 5 of the TBT Agreement:(a)allow in principle at least 60 days from the date of notification for the other Party to provide
written comments to the proposal, except where urgent problems of safety, health,environmental protection or national security arise or threaten to arise and, where practicable,
give appropriate consideration to reasonable requests for extending the comment period;121- 121 -

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(b)provide the electronic version of the full notified text together with the notification;(c)provide, in case the notified text is not in one of the official WTO languages, a detailed andcomprehensive description of the content of the measure in the notification format, as well as,
if already available, a translation of the notified text in one of the official WTO languages;(d)reply in writing to written comments received from the other Party on the proposal, no later
than the date of publication of the final technical regulation or conformity assessment
procedure;(e)provide information on the adopted final text through an addendum to the original
notification;(f)allow a reasonable interval1 between the publication of technical regulations and their entry
into force for economic operators of the other Party to adapt; and(g)ensure that the enquiry points established in accordance with Article 10 of the
TBT Agreement provide information and answers in one of the official WTO languages toreasonable enquiries from the other Party or from interested persons of the other Party on
adopted technical regulations and conformity assessment procedures.

3.

Each Party shall, on request of the other Party, provide information regarding the objectivesof, and rationale for, a technical regulation or conformity assessment procedure that the Party has
adopted or is proposing to adopt.
4.

Each Party shall ensure that all adopted technical regulations and conformity assessment

procedures are publicly and freely available on official websites and, if already available, inEnglish.

1

For the purposes of this subparagraph, "reasonable interval" means normally a period of notless than six months, unless this would be ineffective for the fulfilment of the legitimate
objectives pursued.
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ARTICLE 7.10
Market surveillance1.

For the purposes of this Article, "market surveillance" is a public authority function separate

from and carried out after conformity assessment procedures, and means activities conducted andmeasures taken by public authorities on the basis of procedures of a Party to enable that Party tomonitor or address compliance of products with the requirements set out in its laws and regulations.
2.

Each Party shall, inter alia:(a)exchange information with the other Party on market surveillance and enforcement activities,
for example on the authorities responsible for market surveillance and enforcement, or on
measures taken against dangerous products;(b)

ensure the independence of market surveillance functions from conformity assessment
functions with a view to avoiding conflicts of interest;1 and(c)ensure that there are no conflicts of interest between market surveillance authorities and thepersons concerned, subject to control or supervision, including the manufacturer, the importerand the distributor.

1

For greater certainty, this subparagraph does not apply to authorisation functions performed
by a Party itself when it retains the final decision-making authority regarding the conformityof a product. A Party may comply with this obligation by means of separation of market
surveillance authorities from conformity assessment bodies.
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ARTICLE 7.11
Marking and labelling
1.

The Parties note that a technical regulation may include or deal exclusively with marking orlabelling requirements. Accordingly, if a Party develops marking or labelling requirements in theform of a technical regulation, that Party shall ensure that such requirements are not prepared,
adopted or applied with a view to or with the effect of creating unnecessary obstacles tointernational trade and are not more trade restrictive than necessary to fulfil legitimate objectives asreferred to in paragraph 2 of Article 2 of the TBT Agreement.
2.

In particular, the Parties agree that, if a Party requires marking or labelling of product in theform of a technical regulation:(a)information required for such marking or labelling of products shall be limited to what isrelevant for persons concerned, including consumers, users of the product or authorities, forindicating the product's compliance with regulatory requirements;(b)a Party shall not require any prior approval, registration or certification of markings or thelabels of products as a precondition for placing on its market products that otherwise comply
with its mandatory technical requirements, unless necessary to fulfil its legitimate objective;(c)if that Party requires the use of a unique identification number for marking or labelling ofproducts, it shall issue such number to the persons concerned, including the manufacturer, theimporter and the distributor, without undue delay and on a non-discriminatory basis;(d)provided that it is not misleading, contradictory or confusing, or that the Party's legitimate
objectives are not compromised, the Party shall permit the following in relation to theinformation required in the country of destination of the goods:(i)information in other languages in addition to the language required in the country ofdestination of the goods;124- 124 -

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(ii)international nomenclatures, pictograms, symbols or graphics; and(iii) information in addition to that required in the country of destination of the goods;(e)the Party shall accept that labelling and corrections to labelling take place in customs
warehouses at the point of import as an alternative to labelling in the exporting Party unlesssuch labelling is required to be carried out by approved persons for reasons of public health orsafety; and(f)the Party shall, unless it considers that legitimate objectives under the TBT Agreement arecompromised thereby, endeavour to accept non-permanent or detachable labels, or marking orlabelling in the accompanying documentation rather than physically attached to the product.

ARTICLE 7.12
Lot identification codes
1.

A Party may impose penalties or take other appropriate measures against the removal ordeliberate defacement of any lot identification code for wines and spirits that is provided by the
supplier and placed on the container, provided that such measures are not applied in a manner
which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction
on trade or investment.
2.

The Parties shall exchange information, experiences and best practices regarding theprevention of the removal or deliberate defacement of lot identification codes for the supply ofwines and spirits.
3.

The Parties shall carry out activities for the exchange of information, experience and bestpractices with representatives of their business sectors and business-related organisations with thenecessary expertise in the field of lot identification. The Parties shall commence such activities nolater than two years after the date of entry into force of this Agreement.

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ARTICLE 7.13
Cooperation
1.

The Parties shall strengthen their cooperation in the field of technical regulations, standards

and conformity assessment procedures with a view to increasing the mutual understanding of theirrespective systems and facilitating access to their respective markets. The Parties recognise thatexisting regulatory cooperation dialogues are important means to strengthen such cooperation.
2.

The Parties shall seek to identify, develop and promote trade facilitating initiatives of mutualinterest.
3.

The initiatives referred to in paragraph 2 may include:(a)

improving the quality and effectiveness of their respective technical regulations, standards
and conformity assessment procedures, and promoting good regulatory practices throughregulatory cooperation between the Parties, including the exchange of information, experienceand data;(b)

where appropriate, simplifying their respective technical regulations, standards andconformity assessment procedures;(c)increasing the convergence of their respective technical regulations, standards and conformity
assessment procedures with relevant international standards, guides or recommendations;(d)ensuring efficient interaction and cooperation of their respective regulatory authorities atinternational or national level;(e)promoting or enhancing cooperation between organisations in the Parties in charge ofstandardisation, accreditation and conformity assessment procedures; and(f)exchanging information, to the extent possible, about international agreements andarrangements regarding technical barriers to trade to which one or both Parties are party.

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ARTICLE 7.14
Committee on Technical Barriers to Trade1.

The Committee on Technical Barriers to Trade established pursuant to Article 23.3 shall be

responsible for the effective implementation and operation of this Chapter.
2.

The Committee on Technical Barriers to Trade shall have the following functions:(a)reviewing the implementation and operation of this Chapter;(b)reviewing the cooperation in the development and improvement of technical regulations,standards and conformity assessment procedures as provided for in Article 7.13;(c)reviewing this Chapter in light of any developments under the WTO Committee on Technical
Barriers to Trade established under Article 13 of the TBT Agreement, and if necessary,developing recommendations for amendments to this Chapter;(d)taking any steps which the Parties may consider to be of assistance in their implementation ofthis Chapter and the TBT Agreement and in facilitating trade between the Parties;(e)identifying and considering technical cooperation projects of mutual interests between theParties in the area of technical regulations, standards and conformity assessment procedures,
including those relating to third countries;(f)discussing any matter covered by this Chapter, on request of a Party;(g)

promptly addressing any issue that a Party raises related to the development, adoption orapplication of technical regulations, standards or conformity assessment procedures of theother Party under this Chapter and the TBT Agreement;127- 127 -

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15:54:12(h)establishing, if necessary to achieve the objectives of this Chapter, ad hoc technical working
groups to deal with specific issues or sectors with a view to identifying a solution;(i)exchanging information on the work in regional and multilateral fora engaged in activities
relating to technical regulations, standards and conformity assessment procedures and on theimplementation and operation of this Chapter;(j)carrying out other functions as may be delegated by the Joint Committee pursuant to
subparagraph 5(b) of Article 23.1; and(k)reporting to the Joint Committee, as it considers appropriate, on the implementation andoperation of this Chapter.

3.

The Committee on Technical Barriers to Trade and any ad hoc technical working group under

its auspices shall be coordinated by:(a)for the United Kingdom, the Department for International Trade; and(b)

for Japan, the Ministry of Foreign Affairs.

4.

The authorities referred to in paragraph 3 shall be responsible for coordinating with therelevant institutions and persons in their respective territories as well as for ensuring that suchinstitutions and persons are invited to the meetings of the Committee on Technical Barriers to Tradeas necessary.
5.

On request of a Party, the Committee on Technical Barriers to Trade and any ad hoc technicalworking group under its auspices shall meet at such times and places to be agreed between the
representatives of the Parties. The meetings may take place by video conference or by other means.

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ARTICLE 7.15
Contact points
1.

Each Party shall, upon the entry into force of this Agreement, designate a contact point for the

implementation of this Chapter and notify the other Party of the contact details including
information regarding the relevant officials. The Parties shall promptly notify each other of any
change of those contact details.
2.

The functions of the contact point shall include:(a)exchanging information on technical regulations, standards and conformity assessment
procedures of each Party or any other matters covered by this Chapter;(b)

providing any information or explanation requested by a Party pursuant to this Chapter, inprint or electronically, within a reasonable period of time agreed between the Parties and, if
possible, within 60 days of the date of receipt of the request; and(c)promptly clarifying and addressing, where possible, any issue that a Party raises relating to
the development, adoption or application of technical regulations, standards and conformity
assessment procedures under this Chapter and the TBT Agreement.

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CHAPTER 8
TRADE IN SERVICES, INVESTMENT LIBERALISATIONAND ELECTRONIC COMMERCE

SECTION A
General provisions

ARTICLE 8.1
Scope
1.

The Parties, affirming their respective commitments under the WTO Agreement and theircommitment to create a better climate for the development of trade and investment between theParties, hereby lay down the necessary arrangements for the progressive and reciprocal
liberalisation of trade in services and investment and for cooperation on electronic commerce.
2.

For the purposes of this Chapter, the Parties affirm their right to adopt within their territories

regulatory measures necessary to achieve legitimate policy objectives, such as the protection of
public health, safety, the environment or public morals, social or consumer protection or thepromotion and protection of cultural diversity.
3.

This Chapter does not apply to measures affecting natural persons of a Party seeking access tothe employment market of the other Party, nor to measures regarding nationality or citizenship,
residence or employment on a permanent basis.

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4.

This Chapter shall not prevent a Party from applying measures to regulate the entry of natural

persons into, or their temporary stay in, the Party, including those measures necessary to protect the
integrity of, and to ensure the orderly movement of natural persons across, its borders, provided thatsuch measures are not applied in such a manner as to nullify or impair the benefits accruing to theother Party under the terms of this Chapter. The sole fact of requiring a visa for natural persons of acertain country and not for those of others shall not be regarded as nullifying or impairing benefits
accrued under this Chapter.

ARTICLE 8.2
Definitions
For the purposes of this Chapter:(a)"aircraft repair and maintenance services during which an aircraft is withdrawn from service"means such activities when undertaken on an aircraft or a part thereof while it is withdrawn
from service and does not include so-called line maintenance;(b)"computer reservation system (CRS) services" means services provided by computerised
systems that contain information about air carriers' schedules, availability, fares and farerules, through which reservations can be made or tickets may be issued;(c)"covered enterprise" means an enterprise in the territory of a Party established in accordancewith subparagraph (i), directly or indirectly, by an entrepreneur of the other Party, in existenceon the date of entry into force of this Agreement or established thereafter, in accordance withthe applicable law;131
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(d)

(e)

"cross-border trade in services" means the supply of a service:(i)from the territory of a Party into the territory of the other Party; or(ii)

in the territory of a Party to the service consumer of the other Party;"direct taxes" comprises all taxes on total income, on total capital or on elements of income orof capital, including taxes on gains from the alienation of property, taxes on estates,
inheritances and gifts, and taxes on the total amounts of wages or salaries paid by enterprises,
as well as taxes on capital appreciation;(f)"economic activity" means any service or activity of an industrial, commercial or professional
character or activities of craftsmen, except for services supplied or activities performed in theexercise of governmental authority;(g)"enterprise" means a juridical person or branch or representative office;(h)"entrepreneur of a Party" means a natural or juridical person of a Party that seeks to establish,
is establishing or has established an enterprise in accordance with subparagraph (i), in the
territory of the other Party;(i)"establishment" means the setting up or the acquisition of a juridical person, including
through capital participation, or the creation of a branch or representative office, with a view toestablishing or maintaining lasting economic links;1(j)"existing" means in effect on the date of entry into force of this Agreement;

1

Expansion is understood by the Parties as being covered through the definition of
establishment in the form of establishment by a covered enterprise.
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(k)"ground handling services" means the supply at an airport, on a fee or contract basis, of thefollowing services: airline representation, administration and supervision; passenger handling;baggage handling; ramp services; catering, except the preparation of the food; air cargo andmail handling; fuelling of an aircraft; aircraft servicing and cleaning; surface transport; andflight operations, crew administration and flight planning. Ground handling services do notinclude: self-handling; security; line maintenance; aircraft repair and maintenance; ormanagement or operation of essential centralised airport infrastructure, such as de-icing
facilities, fuel distribution systems, baggage handling systems and fixed intra-airport transportsystems;(l)"juridical person" means any legal entity duly constituted or otherwise organised under theapplicable law, whether for profit or otherwise, and whether privately-owned or
governmentally-owned, including any corporation, trust, partnership, joint venture, sole
proprietorship or association;(m) a juridical person is:(i)"owned" by natural or juridical persons of a Party if more than 50 per cent of the equity
interest in it is beneficially owned by natural or juridical persons of that Party; and(ii)"controlled" by natural or juridical persons of a Party if those natural or juridical
persons have the power to name a majority of its directors or otherwise to legally direct
its actions;(n) "juridical person of a Party" means a juridical person constituted or organised under the laws
and regulations of a Party and engaged in substantive business operations in the territory ofthat Party.
Notwithstanding the first sentence, shipping companies established outside the United
Kingdom or Japan and controlled by nationals of the United Kingdom or of Japan,
respectively, shall also be beneficiaries of the provisions of this Chapter if their vessels areregistered in accordance with their respective legislation, in the United Kingdom or in Japanand fly the flag of the United Kingdom or of Japan;133- 133 -

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15:54:14(o)"measures by a Party" means measures adopted or maintained by:(i)central, regional or local governments or authorities; and(ii)

non-governmental bodies in the exercise of powers delegated by central, regional or
local governments or authorities;(p)"operation" means conduct, management, maintenance, use, enjoyment and sale or other formof disposal of an enterprise;(q)"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 marketingsuch as market research, advertising and distribution; these activities do not include thepricing of air transport services nor the applicable conditions;(r)"services" means any service in any sector except services supplied in the exercise ofgovernmental authority;(s)"services supplied or activities performed in the exercise of governmental authority" means
services or activities which are supplied or performed neither on a commercial basis nor incompetition with one or more economic operators;(t)"service supplier" means any natural or juridical person that seeks to supply or supplies a
service; and(u)"service supplier of a Party" means any natural or juridical person of a Party that seeks to
supply or supplies a service.

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ARTICLE 8.3
General exceptions
1.

For the purposes of Section B and Article 8.86, Article XX of GATT 1994 is incorporated

into and made part of this Agreement, mutatis mutandis.1
2.

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 likeconditions prevail, or a disguised restriction on establishment or trade in services, nothing in
Sections B to F shall be construed as preventing a Party from adopting or enforcing measures which
are:
(a)

necessary to protect public security or public morals or to maintain public order;2(b)necessary to protect human, animal or plant life or health;3(c)necessary to secure compliance with laws or regulations which are not inconsistent with theprovisions 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 anddissemination of personal data and the protection of confidentiality of individual records
and accounts; or

1

2
3

The Parties understand that the measures referred to in subparagraph (b) of Article XX ofGATT 1994 include environmental measures necessary to protect human, animal or plant lifeor health. The Parties understand that subparagraph (g) of Article XX of GATT 1994 applies
to measures for the conservation of living and non-living exhaustible natural resources.
The public security and public order exceptions may be invoked only where a genuine andsufficiently serious threat is posed to one of the fundamental interests of society.
The Parties understand that the measures referred to in subparagraph (b) include
environmental measures necessary to protect human, animal or plant life or health.
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(iii) safety; or(d)inconsistent with paragraphs 1 and 2 of Article 8.8 and paragraph 1 of Article 8.16 provided
that the difference in treatment is aimed at ensuring the equitable or effective1 imposition orcollection of direct taxes in respect of economic activities, entrepreneurs, services or service
suppliers of the other Party.

ARTICLE 8.4
Committee on Trade in Services, Investment Liberalisation and Electronic Commerce
1.

The Committee on Trade in Services, Investment Liberalisation and Electronic Commerceestablished pursuant to Article 23.3 (hereinafter referred to in this Chapter as "the Committee")shall be responsible for the effective implementation and operation of this Chapter.

1

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 entrepreneurs and service suppliers in recognition of the fact thatthe 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 inorder to ensure the imposition or collection of taxes on such consumers derived fromsources in the Party's territory;(e) distinguish entrepreneurs and service suppliers subject to tax on worldwide taxable
items from other entrepreneurs and service suppliers, in recognition of the difference inthe nature of the tax base between them; or(f) determine, allocate or apportion income, profit, gain, loss, deduction or credit ofresident 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 subparagraph 2(d), including this footnote, are determined according
to tax definitions and concepts, or equivalent or similar definitions and concepts, under thedomestic law of the Party taking the measure.
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2.

The Committee shall have the following functions:(a)reviewing and monitoring the implementation and operation of this Chapter and thenon-conforming measures set out in each Party's Schedules in Annexes I to IV to Annex 8-B;(b)

discussing matters relating to trade in audio-visual services, including:(i)regulatory matters relating to audio-visual services with a view to sharing informationand experience, as appropriate, including on related laws, regulations and theirimplementation, and best practices with respect to audio-visual services regulation;(ii)

ways to encourage greater cooperation between the Parties' respective audio-visual
sectors, including but not limited to, encouraging co-production; and(iii) the need for the inclusion of audio-visual services in the scope of this Chapter;(c)exchanging information on any matters related to this Chapter;(d)examining possible improvements to this Chapter, including a review on the scope of this
Chapter in relation to audio-visual services;(e)

discussing any issue related to this Chapter as may be agreed upon between the
representatives of the Parties; and(f)carrying out other functions as may be delegated by the Joint Committee pursuant to
subparagraph 5(b) of Article 23.1.

3.

The Committee shall be composed of representatives of the Parties including officials of

relevant ministries or agencies in charge of the issues to be addressed. The Committee may invite
representatives of relevant entities other than the Governments of the Parties with the necessary
expertise relevant to the issues to be addressed.

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ARTICLE 8.5
Review
1.

Each Party shall endeavour, where appropriate, to reduce or eliminate the non-conforming

measures set out in its respective Schedules in Annexes I to IV to Annex 8-B.
2.

With a view to introducing possible improvements to the provisions of this Chapter, andconsistent with their commitments under international agreements, the Parties shall review theirlegal framework relating to trade in services, investment liberalisation, electronic commerce andinvestment environment, including this Agreement, in accordance with Article 24.1.
3.

If, after the date of entry into force of this Agreement, a Party signs an international

agreement with an investment chapter that contains provisions for investment protection or provides
for investor-to-state dispute settlement procedures, the other Party, after the date of entry into forceof that agreement, may request that the Parties review this Section and Section B.1 Such a review
shall be conducted with a view to the possible inclusion within this Agreement of such provisions
that could provide for the improvement of the investment environment. Unless the Parties otherwise
agree, any such review shall be commenced within two years from the date of the request and shallbe concluded within a reasonable period of time.

1

For the United Kingdom, this paragraph does not cover subsequent reviews, amendments orliberalisation under the framework of any international agreement in force for the United
Kingdom on, or signed by the United Kingdom prior to, the date of entry into force of thisAgreement, or any international agreement between the United Kingdom and a third country
concluded with the aim of transitioning an existing international agreement to which theEuropean Union was a party while the United Kingdom was a Member State of the European
Union.
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SECTION B
Investment liberalisation

ARTICLE 8.6
Scope
1.

This Section applies to measures by a Party with regard to the establishment or operation of

economic activities by:(a)entrepreneurs of the other Party;(b)covered enterprises; and(c)for the purposes of Article 8.11, any enterprise in the territory of the Party adopting ormaintaining the measure.

2.

This Section does not apply to:(a)cabotage in maritime transport services1;(b)

air services or related services in support of air services2, other than the following:1

For the United Kingdom, cabotage in maritime transport services under this Section covers
transportation of passengers or goods between a port or point located in the United Kingdom
and another port or point located in the United Kingdom, including on its continental shelf, as
provided for in the United Nations Convention on the Law of the Sea, and traffic originating
and terminating in the same port or point located in the United Kingdom.
For greater certainty, this Section does not apply to a service using an aircraft whose primary
purpose is not the transportation of goods or passengers, such as aerial fire-fighting, flighttraining, sightseeing, spraying, surveying, mapping, photography, parachute jumping, glider
towing, helicopter-lift for logging and construction, and other airborne agricultural, industrial
and inspection services.

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(i)aircraft repair and maintenance services during which an aircraft is withdrawn fromservice;(ii)

the selling and marketing of air transport services;(iii) computer reservation system (CRS) services; and(iv) ground handling services; and(c)audio-visual services.

ARTICLE 8.7
Market access
A Party shall not maintain or adopt, with regard to market access through establishment oroperation by an entrepreneur of the other Party or by a covered enterprise, either on the basis of aterritorial subdivision or on the basis of its entire territory, measures that:(a)impose limitations on1:(i)the number of enterprises, whether in the form of numerical quotas, monopolies,
exclusive rights or the requirements of an economic needs test;(ii)

the total value of transactions or assets in the form of numerical quotas or therequirement of an economic needs test;(iii) the total number of operations or the total quantity of output expressed in terms ofdesignated numerical units in the form of quotas or the requirement of an economic
needs test;

1

Subparagraphs (a)(i) to (iii) do not cover measures taken in order to limit the production of an
agricultural good.
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(iv) the participation of foreign capital in terms of maximum percentage limit on foreign
shareholding or the total value of individual or aggregate foreign investment; or(v)

the total number of natural persons that may be employed in a particular sector or thatan enterprise may employ and who are necessary for, and directly related to, theperformance of the economic activity in the form of numerical quotas or therequirement of an economic needs test; or(b) restrict or require specific types of legal entity or joint venture through which an entrepreneurof the other Party may perform an economic activity.

ARTICLE 8.8
National treatment
1.

Each Party shall accord to entrepreneurs of the other Party and to covered enterprises

treatment no less favourable than that it accords, in like situations, to its own entrepreneurs and totheir enterprises, with respect to establishment in its territory.
2.

Each Party shall accord to entrepreneurs of the other Party and to covered enterprises

treatment no less favourable than that it accords, in like situations, to its own entrepreneurs and totheir enterprises, with respect to operation in its territory.
3.

For greater certainty, paragraphs 1 and 2 shall not be construed as preventing a Party fromprescribing statistical formalities or information requirements, in connection with the covered
enterprises, provided that those formalities or requirements do not constitute a means to circumventthat Party's obligations pursuant to this Article.

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ARTICLE 8.9
Most-favoured-nation treatment
1.

Each Party shall accord to entrepreneurs of the other Party and to covered enterprises

treatment no less favourable than that it accords, in like situations, to entrepreneurs of a third
country and to their enterprises, with respect to establishment in its territory.
2.

Each Party shall accord to entrepreneurs of the other Party and to covered enterprises

treatment no less favourable than that it accords, in like situations, to entrepreneurs of a third
country and to their enterprises, with respect to operation in its territory.
3.

Paragraphs 1 and 2 shall not be construed as obliging a Party to extend to entrepreneurs of theother Party and to covered enterprises the benefit of any treatment resulting from:(a)an international agreement for the avoidance of double taxation or other international
agreement or arrangement relating wholly or mainly to taxation; or(b)existing or future measures providing for recognition of qualifications, licences or prudential
measures as referred to in Article VII of GATS or paragraph 3 of its Annex on Financial
Services.

4.

For greater certainty, the treatment referred to in paragraphs 1 and 2 does not include

investor-to-state dispute settlement procedures provided for in other international agreements.

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5.

Substantive provisions in other international agreements concluded by a Party with a third

country1 do not in themselves constitute treatment under this Article. For greater certainty, actions orinactions of a Party in relation to those provisions can constitute treatment2 and thus can give rise toa breach of this Article to the extent that the breach is not established solely based on the said
provisions.

ARTICLE 8.10
Senior management and boards of directors
A Party shall not require a covered enterprise to appoint individuals of any particular nationality as
executives, managers or members of boards of directors.

ARTICLE 8.11
Prohibition of performance requirements
1.

A Party shall not impose or enforce any of the following requirements or enforce any

commitment or undertaking, in connection with the establishment or operation of any enterprise in
its territory:3 4

1

2

3

4

For greater certainty, the mere transposition of those provisions into domestic legislation does
not change their qualification as international law provisions and consequently their coverage
under this paragraph.
For greater certainty, the entrepreneurs of the other Party or their covered enterprises would
be entitled to receive that treatment even in the absence of enterprises established byentrepreneurs of the third country at the time when the comparison is made.
For greater certainty, a condition for the receipt or continued receipt of an advantage referred
to in paragraph 2 does not constitute a requirement or a commitment or undertaking for the
purposes of this paragraph.
For greater certainty, nothing in this paragraph prevents the United Kingdom from enforcing
an undertaking voluntarily given by a person in relation to a takeover or merger. An"undertaking voluntarily given" means that it is not imposed or required by the United
Kingdom as a condition of approval of the takeover or merger.
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15:54:17(a)to export a given level or percentage of goods or services;(b)to achieve a given level or percentage of domestic content;(c)to purchase, use or accord a preference to goods produced or services supplied in its territory,or to purchase goods or services from natural or juridical persons or any other entity in its
territory;(d)to relate in any way the volume or value of imports to the volume or value of exports or to theamount of foreign exchange inflows associated with such enterprise;(e)to restrict sales of goods or services in its territory that such enterprise produces or supplies byrelating those sales in any way to the volume or value of its exports or foreign exchange
inflows;(f)

to restrict exportation or sale for export;(g)

to transfer technology, a production process or other proprietary knowledge to a natural or
juridical person or any other entity in its territory;(h)to locate the headquarters of such enterprise for a specific region or the world market in its
territory;(i)

to hire a given number or percentage of its nationals;(j)to achieve a given level or value of research and development in its territory;(k)to supply one or more of the goods produced or services supplied by the enterprise to a
specific region or to the world market exclusively from its own territory; or144- 144 -

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15:54:17(l)to adopt:(i)a rate or amount of royalty below a certain level; or(ii)

a given duration of the term of a licence contract1;

with regard to any licence contract in existence at the time the requirement is imposed orenforced, or any commitment or undertaking is enforced, or with regard to any future licence
contract freely entered into between the enterprise and a natural or juridical person or any
other entity in its territory, if the requirement is imposed or enforced or the commitment or
undertaking is enforced, in a manner that constitutes a direct interference with that licence
contract by an exercise of non-judicial governmental authority of a Party.2
2.

A Party shall not condition the receipt or continued receipt of an advantage, in connection

with the establishment or operation of any enterprise in its territory, on compliance with any of thefollowing requirements:(a)to achieve a given level or percentage of domestic content;(b)

to purchase, use or accord a preference to goods produced in its territory, or to purchase goods
from natural or juridical persons or any other entity in its territory;(c)

to relate in any way the volume or value of imports to the volume or value of exports or to theamount of foreign exchange inflows associated with such enterprise;(d)to restrict sales of goods or services in its territory that such enterprise produces or supplies byrelating those sales in any way to the volume or value of its exports or foreign exchange
inflows; or

1
2

A "licence contract" referred to in this subparagraph means any contract concerning thelicensing of technology, a production process, or other proprietary knowledge.
For greater certainty, subparagraph (l) does not apply when the licence contract is concluded
between the enterprise and a Party.
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(e)to restrict exportation or sale for export.

3.

Nothing in paragraph 2 shall be construed as preventing a Party from conditioning the receipt

or continued receipt of an advantage, in connection with the establishment or operation of any
enterprise in its territory, on compliance with a requirement to locate production, supply a service,train or employ workers, construct or expand particular facilities, or carry out research anddevelopment, in its territory.
4.

Subparagraphs 1(a) to (c), 2(a) and (b) do not apply to qualification requirements for goods orservices with respect to export promotion and foreign aid programmes.
5.

Subparagraphs 1(g) and (l) do not apply when:(a)the requirement is imposed or enforced, or the commitment or undertaking is enforced, by acourt, administrative tribunal or competition authority in order to remedy a violation ofcompetition law;1 or(b)a Party authorises use of an intellectual property right in accordance with Article 31 or 31bisof the TRIPS Agreement, or measures requiring the disclosure of data or proprietary
information that fall within the scope of, and are consistent with, paragraph 3 of Article 39 of
the TRIPS Agreement.

6.

Subparagraph 1(l) does not apply if the requirement is imposed or enforced, or thecommitment or undertaking is enforced, by a tribunal as equitable remuneration under the
Party's copyright laws.

7.

Subparagraphs 2(a) and (b) do not apply to requirements imposed or enforced by an importing
Party relating to the content of goods necessary to qualify for preferential tariffs orpreferential quotas.

1

For greater certainty, this subparagraph includes measures adopted by the United Kingdom's
competition authority in accordance with the United Kingdom's merger control or market
investigation laws, to remedy situations that have an adverse effect on competition.
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8.

This Article is without prejudice to the obligations of a Party under the WTO Agreement.

ARTICLE 8.12
Non-conforming measures and exceptions
1.

Articles 8.7 to 8.11 do not apply to:(a)any existing non-conforming measure that is maintained by a Party at a level of:(i)for the United Kingdom(A) the central government, as set out in its Schedule in Annex I to Annex 8-B;

(ii)

(B)

a regional government, as set out in its Schedule in Annex I to Annex 8-B; or(C)

a local government, other than that referred to in subparagraph (B); andfor Japan:(A) the central government, as set out in its Schedule in Annex I to Annex 8-B;

(b)

(B)

a prefecture, as set out in its Schedule in Annex I to Annex 8-B; or(C)

a local government other than a prefecture;

the continuation or prompt renewal of any non-conforming measure referred to in
subparagraph (a); or(c)an amendment of, or modification to, any non-conforming measure referred to in
subparagraphs (a) and (b), provided that the amendment or modification does not decrease theconformity of the measure with Articles 8.7 to 8.11 as it existed immediately before theamendment or modification.

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2.

Articles 8.7 to 8.11 do not apply to any measure by a Party with respect to sectors, sub-sectors

or activities as set out in its Schedule in Annex II to Annex 8-B.
3.

A Party shall not require, under any measure adopted after the date of entry into force of thisAgreement and covered by its Schedule in Annex II to Annex 8-B, an entrepreneur of the otherParty, by reason of its nationality, to sell or otherwise dispose of an enterprise that exists at the timethe measure becomes effective.
4.

Articles 8.8 and 8.9 do not apply to any measure that constitutes an exception to, or aderogation from, Article 3 or 4 of the TRIPS Agreement, as specifically provided in Articles 3 to 5of the TRIPS Agreement.
5.

Articles 8.7 to 8.11 do not apply to any measure by a Party with respect to government

procurement.
6.

Articles 8.7 to 8.10 do not apply to subsidies granted by the Parties.

ARTICLE 8.13
Denial of benefits
A Party may deny the benefits of this Section to an entrepreneur of the other Party that is a juridical
person of the other Party and to its covered enterprise if that juridical person is owned or controlled
by a natural or juridical person of a third country and the denying Party adopts or maintains
measures with respect to the third country that:(a)are related to the maintenance of international peace and security, including the protection ofhuman rights; and(b)prohibit transactions with that juridical person or its covered enterprise, or would be violated
or circumvented if the benefits of this Section were accorded to them.

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SECTION C
Cross-border trade in services

ARTICLE 8.14
Scope
1.

This Section applies to measures by a Party affecting cross-border trade in services by service

suppliers of the other Party. Those measures include among others measures affecting:(a)the production, distribution, marketing, sale or delivery of a service;(b)

the purchase or use of, or payment for, a service; and(c)the access to and the use of services offered to the public generally in connection with the
supply of a service.

2.

This Section does not apply to:(a)cabotage in maritime transport services1;(b)

air services or related services in support of air services2, other than the following:1

For the United Kingdom, cabotage in maritime transport services under this Section covers
transportation of passengers or goods between a port or point located in the United Kingdom
and another port or point located in the United Kingdom, including on its continental shelf, as
provided for in the United Nations Convention on the Law of the Sea and traffic originating
and terminating in the same port or point located in the United Kingdom.
For greater certainty, this Section does not apply to a service using an aircraft whose primary
purpose is not the transportation of goods or passengers, such as aerial fire-fighting, flighttraining, sightseeing, spraying, surveying, mapping, photography, parachute jumping, glider
towing, helicopter-lift for logging and construction, and other airborne agricultural, industrial
and inspection services.

2

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(i)aircraft repair and maintenance services during which an aircraft is withdrawn fromservice;(ii)

the selling and marketing of air transport services;(iii) computer reservation system (CRS) services; and(iv) ground handling services;(c)government procurement;(d)audio-visual services; and(e)subsidies, as defined and provided for in Chapter 12.

ARTICLE 8.15
Market access
A Party shall not maintain or adopt, either on the basis of a territorial subdivision or on the basis of
its entire territory, measures that:(a)impose limitations on:(i)the number of service suppliers, whether in the form of numerical quotas, monopolies,
exclusive service suppliers or the requirements of an economic needs test;1(ii)

the total value of service transactions or assets in the form of numerical quotas or therequirement of an economic needs test; or1

Subparagraph (a)(i) includes measures by a Party which require a service supplier of the otherParty to establish or maintain any form of enterprise or to be resident in the territory of theParty as a condition for the cross-border supply of a service.
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(iii) the total number of service operations or the total quantity of service output expressed interms of designated numerical units in the form of quotas or the requirement of an
economic needs test;1 or(b)restrict or require specific types of legal entity or joint venture through which a service
supplier may supply a service.

ARTICLE 8.16
National treatment
1.

Each Party shall accord to services and service suppliers of the other Party treatment no lessfavourable 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 tothat 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 the Party
compared to like services or service suppliers of the other Party.
4.

Nothing in this Article shall be construed as requiring either Party to compensate for any

inherent competitive disadvantage which results from the foreign character of the relevant services
or service suppliers.

1

Subparagraph (a)(iii) does not cover measures by a Party which limit inputs for the supply ofservices.
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ARTICLE 8.17
Most-favoured-nation treatment
1.

Each Party shall accord to services and service suppliers of the other Party treatment no lessfavourable than that it accords to like services and service suppliers of a third country.
2.

Paragraph 1 shall not be construed as obliging a Party to extend to services and service

suppliers of the other Party the benefit of any treatment resulting from:(a)an international agreement for the avoidance of double taxation or other international
agreement or arrangement relating wholly or mainly to taxation; or(b)existing or future measures providing for recognition of qualifications, licences or prudential
measures as referred to in Article VII of GATS or paragraph 3 of its Annex on Financial
Services.

ARTICLE 8.18
Non-conforming measures
1.

Articles 8.15 to 8.17 do not apply to:(a)any existing non-conforming measure that is maintained by a Party at a level of:(i)for the United Kingdom:(A) the central government, as set out in its Schedule in Annex I to Annex 8-B;(B)

a regional government, as set out in its Schedule in Annex I to Annex 8-B; or(C)

a local government, other than that referred to in subparagraph (B); and152- 152 -

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(ii)for Japan:(A) the central government, as set out in its Schedule in Annex I to Annex 8-B;

(b)

(B)

a prefecture, as set out in its Schedule in Annex I to Annex 8-B; or(C)

a local government other than a prefecture;

the continuation or prompt renewal of any non-conforming measure referred to in
subparagraph (a); or(c)an amendment of, or modification to, any non-conforming measure referred to in
subparagraphs (a) and (b), provided that the amendment or modification does not decrease theconformity of the measure with Articles 8.15 to 8.17 as it existed immediately before theamendment or modification.

2.

Articles 8.15 to 8.17 do not apply to any measure by a Party with respect to sectors,

sub-sectors or activities as set out in its Schedule in Annex II to Annex 8-B.

ARTICLE 8.19
Denial of benefits
A Party may deny the benefits of this Section to a service supplier of the other Party that is ajuridical person of the other Party and to services of that service supplier if that juridical person is
owned or controlled by a natural or juridical person of a third country and the denying Party adopts
or maintains measures with respect to the third country that:(a)are related to the maintenance of international peace and security, including the protection ofhuman rights; and(b)prohibit transactions with the service supplier, or would be violated or circumvented if thebenefits of this Section were accorded to the service supplier or to its services.
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SECTION D
Entry and temporary stay of natural persons

ARTICLE 8.20
General provisions and scope
1.

This Section reflects the strengthened trade relationship between the Parties as well as thedesire of the Parties to facilitate entry and temporary stay of natural persons for business purposes
on a reciprocal basis, and to ensure transparency of the process.
2.

This Section applies to measures by a Party affecting the entry into that Party by natural

persons of the other Party, who are business visitors for establishment purposes, intra-corporatetransferees, investors, contractual service suppliers, independent professionals and short-termbusiness visitors, and to measures affecting their business activities during their temporary stay inthe former Party.
3.

To the extent that commitments are not undertaken in this Section, all requirements provided

for in the laws and regulations of a Party regarding the entry and temporary stay shall continue toapply, including regulations concerning the length of stay.
4.

Notwithstanding the provisions of this Section, all requirements provided for in the laws andregulations of a Party regarding work and social security measures shall continue to apply,
including regulations concerning minimum wages and collective wage agreements.
5.

Commitments on the entry and temporary stay of natural persons for business purposes do not

apply in cases where the intent or effect of the entry and temporary stay is to interfere with orotherwise affect the outcome of any labour or management dispute or negotiation, or theemployment of any natural person who is involved in that dispute.

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ARTICLE 8.21
Definitions
For the purposes of this Section:(a)"business visitors for establishment purposes" means natural persons of a Party working in asenior position who are responsible for setting up an enterprise, do not offer nor provide
services, do not engage in any economic activity other than what is required for establishment
purposes and do not receive remuneration within the other Party;(b)"contractual service suppliers" means:(i)in respect of the entry and temporary stay in the United Kingdom, natural persons
employed by a juridical person of Japan which is itself not an agency for placement andsupply services of personnel and is not acting through such an agency, has notestablished in the territory of the United Kingdom and has concluded a bona fide
contract to supply services to a final consumer in the United Kingdom, requiring thepresence on a temporary basis of its employees in the United Kingdom in order to fulfil
the contract to supply services;1 and(ii)

in respect of the entry and temporary stay in Japan, natural persons of the United
Kingdom who are employees of a juridical person of the United Kingdom that has notestablished in Japan provided that the following requirements are satisfied:(A) a service contract between a juridical person of Japan and a juridical person of theUnited Kingdom that has not established in Japan has been concluded;1

The contract to supply services referred to in subparagraph (b)(i) shall comply with therequirements of the laws and regulations that apply in the place where the contract is
executed.
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(B)a competent immigration authority of Japan determines, in the context of theservice contract referred to in subparagraph (A), that a labour contract between thenatural person of the United Kingdom and the juridical person of Japan has beenconcluded; and(C)

the service contract referred to in subparagraph (A) does not fall under the scopeof service contract for the placement and supply services of personnel (CPC872),
and the labour contract as referred to in subparagraph (B) complies with therelevant laws and regulations of Japan;(c)"independent professionals" means:(i)in respect of the entry and temporary stay in the United Kingdom, natural persons whoare engaged in the supply of a service and established as self-employed in the territoryof Japan, have not established in the territory of the United Kingdom and haveconcluded a bona fide contract (other than through an agency for placement and supply
services of personnel) to supply services to a final consumer in the United Kingdom,
requiring their presence on a temporary basis in the United Kingdom in order to fulfil
the contract to supply services;1 and(ii)

in respect of the entry and temporary stay in Japan, natural persons of the United
Kingdom who will engage in business activities of supplying services during theirtemporary stay in Japan on the basis of a personal contract with a juridical person ofJapan;

1

The contract to supply services referred to in subparagraph (c)(i) shall comply with therequirements of the laws and regulations that apply in the place where the contract is
executed.
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(d)"intra-corporate transferees" means natural persons who have been employed by a juridical
person of a Party or have been partners in it, for a period of not less than one year
immediately preceding the date of their application for the entry and temporary stay in theother Party, and who are temporarily transferred to an enterprise, in the territory of the otherParty, which forms part of the same group of the former juridical person including its
representative office, subsidiary, branch or head company, provided that the natural person
concerned must belong to one of the following categories:(i)managers: natural persons working in a senior position, who primarily direct the
management of the enterprise, receiving general supervision or direction principallyfrom the board of directors or from stockholders of the business or their equivalent,
including at least:(A) directing the enterprise or a department thereof;(B)supervising and controlling the work of other supervisory, professional ormanagerial employees; or(C)having the personal authority to recruit and dismiss or to recommend recruitment,
dismissal or other personnel-related actions; or(ii)

specialists:(A) for the United Kingdom, natural persons who possess specialised knowledge
essential to the enterprise's production, research equipment, techniques, processes,
procedures or management. In assessing such knowledge, account shall be taken
not only of knowledge specific to the enterprise, but also of whether the natural
person has a high level of qualification referring to a type of work or traderequiring specific technical knowledge, including membership of an accredited
profession; and157- 157 -

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(B)for Japan, natural persons who engage in activities which require technology or
knowledge at an advanced level pertinent to natural sciences, including physicalsciences and engineers, or to human sciences, including jurisprudence, economics,
business management and accounting, or activities which require ideas andsensitivity based on culture of a country other than Japan, recognised under the
status of residence of "Engineer/Specialist in Humanities/International Services"
provided for in the Immigration Control and Refugee Recognition Act (Cabinet
Order No. 319 of 1951). The activities which require technology or knowledge at
an advanced level pertinent to natural or human science referred to in thissubparagraph mean the activities in which the natural person may not be able toengage without the application of specialised technology or knowledge of naturalor human sciences acquired by him or her, in principle, by completing college
education (i.e. bachelor's degree, associate's degree awarded through graduatingfrom a junior college, or their equivalents) or higher education; and(e)"investors" means:(i)for the United Kingdom, senior employees of an enterprise headquartered in Japan whoare establishing a branch or subsidiary of that enterprise in the United Kingdom andwho are natural persons of Japan that will be responsible for the entire or a substantial
part of the enterprise's operations in the United Kingdom, receiving general supervision
or direction principally from higher level executives, the board of directors or
stockholders of the enterprise, including directing the enterprise or a department or
subdivision of it; supervising and controlling the work of other supervisory,
professional or managerial employees; and having the authority to establish goals andpolicies of the department or subdivision of the enterprise; and(ii)

for Japan, natural persons of the United Kingdom who will engage in one of thefollowing activities during their temporary stay in Japan:(A) activities to invest in business in Japan and manage such business;158- 158 -

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(B)activities to manage business in Japan on behalf of a person other than that ofJapan who has invested in such business; or(C)conduct of business in Japan in which a person other than that of Japan has
invested.

ARTICLE 8.22
General obligations
1.

A Party shall grant the entry and temporary stay to natural persons of the other Party forbusiness purposes in accordance with this Section, and Annexes III and IV to Annex 8-B, provided
that those natural persons comply with the immigration laws and regulations of the former Party
applicable to the entry and temporary stay.
2.

Each Party shall apply its measures relating to the provisions of this Section consistently withthe desire of the Parties set out in paragraph 1 of Article 8.20, and, in particular, shall apply thosemeasures so as to avoid unduly impairing or delaying trade in goods or services, or establishment oroperation under this Agreement.
3.

The measures taken by each Party to facilitate and expedite procedures related to the entry

and temporary stay of natural persons of the other Party for business purposes shall be consistent
with Annex 8-C.

ARTICLE 8.23
Transparency
1.

A Party shall make publicly available information relating to the entry and temporary stay bynatural persons of the other Party, referred to in paragraph 2 of Article 8.20.

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2.

The information referred to in paragraph 1 shall include, where applicable, the following

information:(a)categories of visa, permits or any similar type of authorisation regarding the entry andtemporary stay;(b)

documentation required and conditions to be met;(c)method of filing an application and options on where to file, such as consular offices oronline;(d)application fees and an indicative timeframe of the processing of an application;(e)the maximum length of stay under each type of authorisation described in subparagraph (a);(f)

conditions for any available extension or renewal;(g)rules regarding accompanying dependents;(h)available review or appeal procedures; and(i)relevant laws of general application pertaining to the entry and temporary stay of natural
persons.

3.

With respect to the information referred to in paragraphs 1 and 2, each Party shall endeavour

to promptly inform the other Party of the introduction of any new requirements and procedures or of
the changes in any requirements and procedures that affect the effective application for the grant ofentry into, temporary stay in and, where applicable, permission to work in the former Party.

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ARTICLE 8.24
Obligations in other sections
1.

This Agreement does not impose any obligation on a Party regarding its immigration

measures, except as specifically provided for in this Section.
2.

Without prejudice to any decision to grant entry to a natural person of the other Party within

the terms of this Section, including the permissible length of stay pursuant to any such grant:(a)the obligations of Articles 8.7 to 8.11 subject to:(i)

Article 8.6; and(ii)

Article 8.12 to the extent that the measure affects the treatment of natural persons forbusiness purposes present in the territory of the other Party,

are hereby incorporated into and made part of this Section and apply to the measures affecting
treatment of natural persons for business purposes present in the territory of the other Party
under the categories of business visitors for establishment purposes, intra-corporatetransferees and investors, as defined in Article 8.21;(b)

the obligations of Articles 8.15 and 8.16 subject to:(i)

Article 8.14; and(ii)

Article 8.18 to the extent that the measure affects the treatment of natural persons forbusiness purposes present in the territory of the other Party,

are hereby incorporated into and made part of this Section and apply to the measures affecting
treatment of natural persons for business purposes present in the territory of the other Party
under the categories of:161- 161 -

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(i)contractual service suppliers and independent professionals, as defined in Article 8.21,
for all sectors listed in Annex IV to Annex 8-B; and(ii)

short-term business visitors, referred to in Article 8.27, in accordance with Annex III to
Annex 8-B; and(c)the obligation of Article 8.17 subject to:(i)

Article 8.14; and(ii)

Article 8.18 to the extent that the measure affects the treatment of natural persons forbusiness purposes present in the territory of the other Party,

is hereby incorporated into and made part of this Section and apply to the measures affecting
treatment of natural persons for business purposes present in the territory of the other Party
under the categories of:(i)contractual service suppliers and independent professionals, as defined in Article 8.21;
and

(ii)
3.

short-term business visitors, referred to in Article 8.27.

For greater certainty, the obligations referred to in paragraph 2 do not apply to measuresrelating to the granting of entry into a Party to natural persons of that Party or of a third country.

ARTICLE 8.25
Business visitors for establishment purposes, intra-corporate transferees and investors
1.

Each Party shall grant entry and temporary stay to business visitors for establishment

purposes, intra-corporate transferees and investors of the other Party in accordance with Annex III
to Annex 8-B.

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2.

A Party shall not adopt or maintain limitations on the total number of natural persons granted

entry in accordance with paragraph 1, in a specific sector or sub-sector, in the form of numericalquotas or the requirement of an economic needs test either on the basis of a territorial subdivision or
on the basis of its entire territory.

ARTICLE 8.26
Contractual service suppliers and independent professionals
1.

Each Party shall grant entry and temporary stay to contractual service suppliers andindependent professionals of the other Party in accordance with Annex IV to Annex 8-B.
2.

Unless otherwise specified in Annex IV to Annex 8-B, a Party shall not adopt or maintainlimitations on the total number of contractual service suppliers and independent professionals of theother Party granted entry, in the form of numerical quotas or the requirement of an economic needs
test.

ARTICLE 8.27
Short-term business visitors
1.

Each Party1 shall grant entry and temporary stay to short-term business visitors of the otherParty in accordance with Annex III to Annex 8-B, subject to the following conditions:(a)the short-term business visitors are not engaged in selling their goods or supplying services to
the general public;(b)

the short-term business visitors do not, on their own behalf, receive remuneration from within
the Party where they are staying temporarily; and1

The United Kingdom does not take commitments in respect of short-term business visitors.
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(c)the short-term business visitors are not engaged in the supply of a service in the framework of
a contract concluded between a juridical person who has not established in the territory of theParty where they are staying temporarily, and a consumer there, except as provided for in
Annex III to Annex 8-B.

2.

Unless otherwise specified in Annex III to Annex 8-B, each Party shall grant entry of short-term business visitors without the requirement of a work permit, economic needs test or other priorapproval procedures of similar intent.

ARTICLE 8.28
Contact points
Each Party shall, upon the entry into force of this Agreement, designate a contact point for theeffective implementation and operation of this Section and notify the other Party of the contact
details including information regarding the relevant officials. The Parties shall promptly notify eachother of any change of those contact details.

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SECTION E
Regulatory framework

SUB-SECTION 1
Domestic regulation

ARTICLE 8.29
Scope and definitions
1.

This Sub-Section applies to measures by a Party relating to licensing requirements andprocedures, qualification requirements and procedures and technical standards1 that affect:(a)cross-border trade in services as defined in subparagraph (d) of Article 8.2;(b)establishment as defined in subparagraph (i) of Article 8.2 or operation as defined insubparagraph (p) of Article 8.2; or(c)the supply of a service through the presence of a natural person of a Party in the territory of
the other Party, in accordance with Article 8.24.

2.

This Sub-Section does not apply to licensing requirements and procedures, qualification

requirements and procedures and technical standards:

1

For greater certainty, as far as measures relating to technical standards are concerned, thisSub-Section applies only to such measures affecting trade in services.
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(a)pursuant to a measure that does not conform with Article 8.7 or 8.8 and is referred to in
subparagraphs 1(a) to (c) of Article 8.12 or with Article 8.15 or 8.16 and is referred to in
subparagraphs 1(a) to (c) of Article 8.18; or(b)pursuant to a measure referred to in paragraph 2 of Article 8.12 or paragraph 2 of Article 8.18.

3.

For the purposes of this Sub-Section, a "competent authority" is a central, regional or local

government or authority, or a non-governmental body in the exercise of powers delegated bycentral, regional or local governments or authorities, which is entitled to take a decision concerning
the authorisation to supply a service, including through establishment, or concerning theauthorisation to establish an enterprise in order to engage in an economic activity other than aservice.

ARTICLE 8.30
Conditions for licensing and qualification
1.

Measures relating to licensing requirements and procedures, and qualification requirements

and procedures of each Party shall be based on the following criteria:(a)clarity;(b)objectivity;(c)transparency;(d)advance public availability; and(e)accessibility.

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2.

If a Party adopts or maintains a measure relating to licensing requirements and procedures,and qualification requirements and procedures, it shall ensure that:(a)the licensing and qualification procedures are impartial and adequate for applicants todemonstrate that they meet the requirements, if such requirements exist;(b)

the licensing and qualification procedures do not in themselves unjustifiably prevent thefulfilment of the requirements; and(c)such a measure does not discriminate between men and women1.

ARTICLE 8.31
Licensing and qualification procedures
1.

Licensing and qualification procedures shall be clear, made public in advance and be such as

to ensure that the applications are dealt with objectively and impartially. For greater certainty,
where any licence or qualification is subject to renewal, the need to renew and the procedures forrenewal shall be made public in advance.

1

For the purposes of this subparagraph, differential treatment that is reasonable and objective,
and aims to achieve a legitimate purpose, and adoption by a Party of temporary special
measures aimed at accelerating de facto equality between men and women, shall not be
considered as discrimination.
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2.

Licensing and qualification procedures shall be as simple as possible and shall not inthemselves be a restriction on the supply of a service or the pursuit of any other economic activity.
Any authorisation fee1 which the applicants may incur from their application should be reasonable
and transparent, will be made publicly available prior to such applications to the extent possible,
and shall not in itself restrict the supply of a service or the pursuit of any other economic activity.
Having regard to the cost and administrative burden, each Party is encouraged to accept payment ofauthorisation fees by electronic means.
3.

A Party shall, to the extent practicable, avoid requiring an applicant to approach more than

one competent authority for each application. However, if the application is within the jurisdictionof multiple competent authorities, multiple applications may be required.
4.

The procedures used by, and the decisions of, the competent authority in the authorisation

process shall be impartial with respect to all applicants. The competent authority should reach its
decision in an independent manner and should not be accountable to any person supplying theservices or carrying out the economic activities for which the authorisation is required.
5.

If a Party requires authorisation, it shall, to the extent practicable, ensure that its competentauthorities permit the submission of an application at any time throughout the year. If a specificperiod of time for applications exists, the competent authority shall allow an applicant a reasonable
period of time for the submission of an application. The competent authority shall initiate theprocessing of an application without undue delay. If possible, the competent authority should accept
an application in electronic format under the same conditions of authenticity as an application in
paper format.

1

Authorisation fees do not include fees for the use of natural resources, payments for auction,tendering or other non-discriminatory means of awarding concessions or mandated
contributions to universal service provision.
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6.

If a Party requires an examination for authorisation, that Party shall ensure that its competentauthorities schedule such an examination at reasonably frequent intervals and provide a reasonable
period of time to enable applicants to request to take the examination. Having regard to the cost,administrative burden and the integrity of the procedures involved, each Party is encouraged toaccept requests in electronic format to take such examinations, and to consider, to the extent
practicable, the use of electronic means in other aspects of examination processes.
7.

In assessing whether the applicant has met the relevant requirements for authorisation, a Party

shall, to the extent possible and if appropriate, encourage its competent authorities to give due
consideration to the relevant professional experience of an applicant, where the competentauthority considers such relevant professional experience to be indicative of the level ofcompetence or experience of the applicant.
8.

The competent authority shall complete the processing of an application, including reaching a

final decision, within a reasonable period of time from the submission of a complete application,and inform the applicant of the decision concerning the application1, to the extent possible inwriting2. Each Party shall endeavour to establish an indicative timeframe for the processing of an
application and shall make publicly available that timeframe, when established. The competentauthority of a Party shall, at the request of the applicant and without undue delay, provide
information concerning the status of the application, and, to the extent practicable, ascertain thecompleteness of an application for processing under the domestic laws and regulations of the Party.
9.

The competent authority shall, within a reasonable period of time after the receipt of an

application which it considers incomplete:(a)inform the applicant, and, to the extent feasible, identify the additional information required tocomplete the application, including through providing its rationale where appropriate; and12Competent authorities may meet this requirement by informing an applicant in advance inwriting that a lack of response from the competent authorities after a specified period of timefrom the date of submission of the application indicates acceptance of the application or
rejection of the application.
For the purposes of this Article, "in writing" may include in electronic format.
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(b)provide the opportunity to correct deficiencies, including, where appropriate, providing
guidance to assist the applicant in completing an application correctly.

10.

The competent authority should, where possible, accept authenticated copies in place oforiginal documents.
11.

If the competent authority rejects an application by an applicant, it shall inform the applicant,in principle in writing, and without undue delay. It shall also, on request of the applicant, inform theapplicant of the reasons for rejection of the application and the timeframe for an appeal against thatdecision. An applicant should not be prevented from submitting a new or revised application solely
on the basis of a previously rejected application.
12.

The competent authority shall grant an authorisation as soon as it is established, in the light ofan appropriate examination, that the applicant meets the conditions for obtaining it.
13.

The competent authority shall ensure that an authorisation, once granted, enters into effectwithout undue delay in accordance with the terms and conditions specified therein.

ARTICLE 8.32
Technical standards
Each Party shall encourage its competent authorities, when adopting technical standards, to adopt
technical standards developed through open and transparent processes, and shall encourage any
body, including relevant international organisations1, designated to develop technical standards touse open and transparent processes.

1

For the purposes of this Article, "relevant international organisations" means international
bodies whose membership is open to the relevant bodies of the Parties.
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SUB-SECTION 2
Provisions of general application

ARTICLE 8.33
Administration of measures of general application
1.

Each Party shall ensure that all measures of general application affecting trade in services areadministered in a reasonable, objective and impartial manner.
2.

Paragraph 1 does not apply to:(a)the aspects of a measure that do not conform with Article 8.7 or 8.8 and are referred to in
subparagraphs 1(a) to (c) of Article 8.12 or with Article 8.15 or 8.16 and are referred to in
subparagraphs 1(a) to (c) of Article 8.18; or(b)a measure referred to in paragraph 2 of Article 8.12 or paragraph 2 of Article 8.18.

ARTICLE 8.34
Review procedures for administrative decisions
1.

Each Party shall maintain judicial, arbitral or administrative tribunals or procedures which

provide, upon request of an affected entrepreneur or service supplier of the other Party, for a prompt
review of, and where justified, appropriate remedies for, administrative decisions that affect:(a)cross-border trade in services as defined in subparagraph (d) of Article 8.2;(b)establishment as defined in subparagraph (i) of Article 8.2 or operation as defined insubparagraph (p) of Article 8.2; or171- 171 -

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(c)the supply of a service through the presence of a natural person of a Party in the territory of
the other Party, in accordance with Article 8.24.

2.

If the procedures referred to in paragraph 1 are not independent of the agency entrusted withthe administrative decision concerned, each Party shall ensure that the procedures in fact provide
for an objective and impartial review.

ARTICLE 8.35
Mutual recognition
1.

Nothing in this Section shall prevent a Party from requiring that natural persons must possess

the necessary qualifications or professional experience specified in the territory where the service is
supplied, for the sector of activity concerned.
2.

Each Party shall encourage the relevant professional bodies in its territory to provide joint

recommendations on mutual recognition to the Committee, for the purpose of the fulfilment, inwhole or in part, by entrepreneurs and service suppliers of the criteria applied by that Party for theauthorisation, licensing, operation and certification of entrepreneurs and service suppliers, and, inparticular, in the sector of professional services.
3.

On receipt of a joint recommendation referred to in paragraph 2, the Committee shall, within areasonable period of time, review that recommendation with a view to ensuring its consistency withthis Agreement and, on the basis of the information contained therein, assess in particular:(a)the extent to which the standards and criteria applied by each Party for the authorisation,
licensing, operation and certification referred to in paragraph 2 are converging; and(b)the potential economic value of a mutual recognition agreement for the authorisation,
licensing, operation and certification referred to in paragraph 2.

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4.

Where those requirements are satisfied, the Committee shall establish the necessary steps tonegotiate. Thereafter the Parties shall enter into negotiations, through their competent authorities, ofa mutual recognition agreement for the authorisation, licensing, operation and certification referred
to in paragraph 2.
5.

Any mutual recognition agreement that the Parties may conclude shall be in conformity withthe relevant provisions of the WTO Agreement and, in particular, Article VII of GATS.

SUB-SECTION 3
Postal and courier services

ARTICLE 8.36
Scope and definitions
1.

This Sub-Section sets out the principles of the regulatory framework for the supply of postal

and courier services, and applies to measures by a Party affecting trade in postal and courier
services.
2.

For the purposes of this Sub-Section:(a)"licence" means an authorisation that an independent regulatory authority of a Party may
require of an individual supplier, in accordance with the laws and regulations of the Party, inorder for that supplier to offer postal and courier services; and(b)"universal service" means the permanent supply of a postal service of specified quality at all
points in the territory of a Party at affordable prices for all users.

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ARTICLE 8.37
Universal service
1.

Each Party has the right to define the kind of universal service obligation it wishes tomaintain. That obligation will not be regarded per se as anticompetitive, provided that it isadministered in a transparent, non-discriminatory and competitively neutral manner and is not moreburdensome than necessary for the kind of universal service defined by the Party, with regard to all
suppliers subject to the obligation.
2.

Within the framework of its postal legislation or by other customary means, each Party shallset out the scope of the universal service obligation, fully taking into account the needs of the users
and national conditions, including market forces, of that Party.
3.

Each Party shall ensure that a supplier of postal and courier services in its territory which is

subject to a universal service obligation under its laws and regulations does not engage in thefollowing practices:(a)excluding the business activities of other enterprises by cross-subsidising, with revenues
derived from the supply of the universal service, the supply of express mail services (EMS)1
or any non-universal service in a way which constitutes an abuse of a dominant market
position in contravention of the competition law of the United Kingdom or a privatemonopolisation in contravention of Article 3 of the Law Concerning Prohibition of Private
Monopoly and Maintenance of Fair Trade (Law No. 54 of 1947) of Japan respectively;2 or(b)unjustifiably differentiating among customers, such as large volume mailers or consolidators,
where like conditions prevail with respect to charges and the provisions concerning
acceptance, delivery, redirection, return and the number of days required for delivery for the
supply of a service subject to a universal service obligation.

1

2

For the purposes of this subparagraph, "express mail services (EMS)" means services referred
to in subparagraph 1.3 of Article 1 of the Universal Postal Convention, done at Istanbul on
6 October 2016.
For greater certainty, the enforcement of each Party's competition law and the related
decisions by competition authority shall be covered by the provisions of Chapter 11.
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ARTICLE 8.38
Border procedures
The border procedures for international postal services and international courier services1 are

1.

enforced in accordance with related international agreements and the laws and regulations of eachParty.
2.

Without prejudice to paragraph 1, each Party shall not unduly accord less favourable

treatment with respect to border procedures to international courier services than it accords tointernational postal services.

ARTICLE 8.39
Licences
1.

Each Party may require a licence for the supply of a service covered by this Sub-Section.

2.

If a Party requires a licence, it shall make publicly available:(a)all the licensing criteria and the period of time normally required to reach a decision
concerning an application for a licence; and(b)the terms and conditions of licences.

1

For the purposes of this Article:(a) "international postal services" means services that designated operators referred to in
subparagraph 1.12 of Article 1 of the Universal Postal Convention supply in accordancewith the Acts of the Universal Postal Union; and(b) "international courier services" means services consisting of the collection, sorting,transport and delivery of documents, printed matter, parcels and goods for foreign
destinations, not regulated by the Acts of the Universal Postal Union.
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3.

If a licence application is rejected by the competent authority, it shall upon request inform theapplicant of the reasons for the rejection of the licence. Each Party shall establish an appeal
procedure through an independent body available to applicants whose licence has been rejected.
That procedure shall be transparent, non-discriminatory, and based on objective criteria.

ARTICLE 8.40
Independence of the regulatory body
Each Party shall ensure that:(a)its regulatory body1 for the services covered by this Sub-Section is legally separated from, andnot accountable to, any supplier of those services; and(b)subject to the laws and regulations of each Party, decisions of, and procedures used by, its
regulatory body are impartial.

1

The regulatory body referred to in this Article does not include customs authorities of eachParty.
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SUB-SECTION 4
Telecommunications services

ARTICLE 8.41
Scope
1.

This Sub-Section sets out the principles of the regulatory framework for all

telecommunications services and applies to measures by a Party affecting trade in
telecommunications services, which consist in the conveyance of signals including, inter alia,transmission of video and audio signals (irrespective of the types of protocols and technologies
used) through public telecommunications transport networks.
2.

This Sub-Section does not apply to measures affecting:(a)broadcasting services as defined in the laws and regulations of each Party; and(b)services providing, or exercising editorial control over, content transmitted using
telecommunications transport networks and services.

3.

Notwithstanding subparagraph 2(a), a supplier of broadcasting services shall be considered asa supplier of public telecommunications transport services and its networks as public
telecommunications transport networks, when and to the extent that such networks are also used forproviding public telecommunications transport services.
4.

Nothing in this Sub-Section shall be construed as requiring a Party:(a)to authorise a service supplier of the other Party to establish, construct, acquire, lease, operateor supply telecommunications transport networks or services other than as provided for in thisAgreement; or177- 177 -

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(b)to establish, construct, acquire, lease, operate or supply telecommunications transport
networks or services not offered to the public generally, or to oblige a service supplier under
its jurisdiction to do so.

ARTICLE 8.42
Definitions
For the purposes of this Sub-Section:(a)"associated facilities" means services and infrastructures associated with public
telecommunications transport networks or services which are necessary for the provision ofservices via those networks or services, such as buildings (including entries and wiring), ducts
and cabinets as well as masts and antennae;(b)"cost-oriented" means based on cost, and may include a reasonable profit, and may involve
different cost methodologies for different facilities or services;(c)"end user" means a final consumer of, or subscriber to, a public telecommunications transport
network or service, including a service supplier other than a supplier of public
telecommunications transport networks or services;(d)"essential facilities" means facilities of a public telecommunications transport network orservice that:(i)are exclusively or predominantly provided by a single or limited number of suppliers;
and

(ii)

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(e)"interconnection" means linking1 with suppliers providing public telecommunicationstransport networks or services in order to allow the users of one supplier to communicate withthe users of another supplier or to access services provided by any supplier who has access tothe network;(f)"international mobile roaming service" means a commercial mobile service provided pursuant
to a commercial agreement between suppliers of public telecommunications transport services
that enables an end user to use its home mobile handset or other device for voice, data or
messaging services while outside the territory in which the end user's home public
telecommunications transport network is located;(g)"leased circuits" means telecommunications facilities between two or more designated points
that are set aside for the dedicated use of, or availability to, a particular user, irrespective ofthe technology used;(h)"major supplier" means a supplier which has the ability to materially affect the terms ofparticipation, having regard to price and supply, in the relevant market for public
telecommunications transport services as a result of:

(i)

(i)

control over essential facilities; or(ii)

use of its position in the market;"non-discriminatory" means treatment no less favourable than that accorded, under likecircumstances, to other service suppliers and users of like public telecommunicationstransport networks or services;(j)"number portability" means the ability of an end user of public telecommunications transport
services who requests to retain, at the same location, the same telephone numbers without
impairment of quality or reliability when switching between the same category of suppliers oflike public telecommunications transport services;1

For greater certainty, linking may include physical or logical linking, as appropriate.
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(k)"public telecommunications transport network" means public telecommunications
infrastructure which permits telecommunications between and among defined network
termination points;(l)"public telecommunications transport service" means any telecommunications transport
service offered to the public generally that may include, inter alia, telegraph, telephone, telex
and data transmission typically involving transmission of customer-supplied information
between two or more points without any end-to-end change in the form or content of thecustomer's information;(m) "regulatory authority" means the body or bodies of a Party responsible for the regulation of
telecommunications;(n)"telecommunications" means the transmission and reception of signals by wire, radio, opticalor any other electromagnetic means; and(o)"users" means end users, or suppliers of public telecommunications transport networks orservices that are consumers of, or subscribers to, a public telecommunications transport
network or service.

ARTICLE 8.43
Approaches to regulation
1.

The Parties recognise the value of competitive markets to deliver a wide choice in the supplyof telecommunications services and to enhance consumer welfare, and that economic regulation
may not be needed if there is effective competition. Accordingly, the Parties recognise that
regulatory needs and approaches differ market by market, and that a Party may determine how to
implement its obligations under this Sub-Section.

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2.

In that respect, the Parties recognise that a Party may:(a)engage in direct regulation either in anticipation of an issue that the Party expects may arise or
to resolve an issue that has already arisen in the market; or(b)rely on the role of market forces, particularly with respect to market segments that arecompetitive or that have low barriers to entry, such as services provided by suppliers of
telecommunications services that do not own network facilities.

3.

For greater certainty, a Party that refrains from engaging in regulation in accordance with

subparagraph 2(b) remains subject to the obligations under this Sub-Section. Nothing in this Article
shall prevent a Party from applying regulation to telecommunications services.

ARTICLE 8.44
Access and use
1.

Each Party shall ensure that any service supplier of the other Party is accorded access to, anduse of, public telecommunications transport networks and services on terms and conditions which
are reasonable, non-discriminatory and no less favourable than those which the supplier of thosepublic telecommunications transport networks and services provides for its own like services underlike circumstances. This obligation shall be applied, inter alia, through paragraphs 2 to 6.
2.

Each Party shall ensure that service suppliers of the other Party are accorded access to, anduse of, any public telecommunications transport network or service offered within or across theborders of the former Party, including private leased circuits, and shall to that end ensure, subject toparagraphs 5 and 6, that such service suppliers are permitted to:(a)purchase or lease, and attach, terminal or other equipment which interfaces with the network
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(b)interconnect private leased or owned circuits with public telecommunications transport
networks and services or with circuits leased or owned by other service suppliers; and(c)use operating protocols of their choice in the supply of any service, other than as necessary toensure the availability of telecommunications transport networks and services to the publicgenerally.

3.

Each Party shall ensure that service suppliers of the other Party may use public

telecommunications transport networks and services for the movement of information within andacross the borders of the former Party, including for intra-corporate communications of such service
suppliers, and for access to information contained in databases or otherwise stored inmachine-readable form in either Party or in any other member of the WTO.
4.

Notwithstanding paragraph 3, a Party may take such measures as are necessary to ensure thesecurity and confidentiality of messages subject to the requirement that those measures are notapplied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a
disguised restriction on trade in services.
5.

Each Party shall ensure that no condition is imposed on access to, and use of, public

telecommunications transport networks and services other than as necessary to:(a)safeguard the public service responsibilities of suppliers of public telecommunicationstransport networks and services, in particular their ability to make their networks or services
available to the public generally; or(b)protect the technical integrity of public telecommunications transport networks or services.

6.

Provided that they satisfy the criteria set out in paragraph 5, conditions for access to, and useof, public telecommunications transport networks and services may include:(a)

restrictions on resale or shared use of those services;182- 182 -

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(b)a requirement to use specified technical interfaces, including interface protocols, forinter-connection with public telecommunications transport networks and services;(c)requirements, if necessary, for the interoperability of public telecommunications transport
services and to encourage the achievement of the goals set out in Article 8.55;(d)type approval of terminal or other equipment which interfaces with public
telecommunications transport networks and technical requirements relating to the attachmentof that equipment to those networks;(e)restrictions on inter-connection of private leased or owned circuits with public
telecommunications transport networks or services, or with circuits leased or owned by otherservice suppliers; or(f)notification, permit, registration and licensing.

ARTICLE 8.45
Number portability
Each Party shall ensure that suppliers of public telecommunications transport services in its territory
provide number portability for mobile services and any other services designated by that Party, on atimely basis and on reasonable terms and conditions.

ARTICLE 8.46
ResaleIf a Party requires a supplier of public telecommunications transport services to offer its public
telecommunications transport services for resale, that Party shall ensure that such supplier does not
impose unreasonable or discriminatory conditions or limitations on the resale of its public
telecommunications transport services.
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ARTICLE 8.47
Enabling use of network facilities and interconnection
1.

The Parties recognise that enabling use of network facilities1 and interconnection should in

principle be agreed on the basis of commercial negotiation between the suppliers of public
telecommunications transport networks or services concerned.
2.

Each Party shall ensure that any supplier of public telecommunications transport networks orservices in its territory has a right and, if requested by a supplier of public telecommunicationstransport networks or services of the other Party, an obligation to negotiate interconnection for the
purpose of providing public telecommunications transport networks or services. Each Party shallprovide its regulatory authority with the power to require, where necessary, a supplier of public
telecommunications transport networks or services to provide interconnection with suppliers of
public telecommunications transport networks or services of the other Party.
3.

A Party shall not adopt or maintain any measure which obliges suppliers of public

telecommunications transport networks or services enabling use of network facilities or providing
interconnection to offer different terms and conditions to different suppliers for like services or
imposes obligations that are not related to the services provided.

1

For the purposes of this Article, "enabling use of network facilities" means the making
available of facilities or services to another supplier of public telecommunications transport
networks or services under defined conditions, for the purpose of providing public
telecommunications transport services. It may include the use of active or passive network
elements, associated facilities, virtual network services, co-location or other forms of
associated facilities sharing, the use of leased circuits and the use of specified network
facilities or elements, including the local loop, on an unbundled basis.
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ARTICLE 8.48
Obligations relating to major suppliers
1． Each Party shall adopt or maintain appropriate measures for the purpose of preventing
suppliers who, alone or together, are a major supplier from engaging in or continuing
anticompetitive practices. These anticompetitive practices shall include in particular:(a)engaging in anticompetitive cross-subsidisation;(b)using information obtained from competitors with anticompetitive results; and(c)not making available to other service suppliers on a timely basis technical information about
essential facilities and commercially relevant information which is necessary for them inorder to provide services.

2． Each Party shall provide its regulatory authority with the power to require, where appropriate,that major suppliers in its territory accord to suppliers of public telecommunications transport
networks or services of the other Party treatment no less favourable than that which the major
supplier concerned accords in like circumstances to its subsidiaries or its affiliates, regarding:(a)the availability, provisioning, rates or quality of like telecommunications services; and(b)the availability of technical interfaces necessary for interconnection.

3． Each Party shall ensure that major suppliers in its territory provide interconnection with
suppliers of public telecommunications transport networks or services of the other Party at any
technically feasible point in the network of the major supplier concerned and that the major supplierconcerned provides such interconnection:

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(a)under terms, conditions (including with respect to technical standards, specifications, quality
and maintenance) and rates which are non-discriminatory and no less favourable than those
provided for its own like services under like circumstances, and of a quality no lessfavourable than that provided for its own like services, for like services of non-affiliatedservice suppliers, or for its subsidiaries or other affiliates;(b)

in a timely fashion, on terms, conditions (including with respect to technical standards,
specifications, quality and maintenance) and cost-oriented rates that are transparent,
reasonable, having regard to economic feasibility, and sufficiently unbundled so that the
suppliers need not pay for network components or facilities that they do not require for theservice to be provided; and(c)upon request, at points in addition to the network termination points offered to the majority ofusers, subject to charges that reflect the cost of construction of necessary additional facilities.

4.

Each Party shall ensure that major suppliers in its territory provide suppliers of public

telecommunications transport networks or services of the other Party with the opportunity tointerconnect their facilities and equipment with those of a major supplier through:(a)a reference interconnection offer or another standard interconnection offer containing therates, terms and conditions that the major supplier offers generally to suppliers of public
telecommunications transport networks or services; or(b)the terms and conditions of an interconnection agreement in effect.

5.

Each Party shall ensure that the procedures applicable for interconnection with major

suppliers in its territory are made publicly available.
6.

Each Party shall ensure that major suppliers in its territory make publicly available either theirinterconnection agreements or their reference interconnection offers.

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7.

Each Party shall ensure that major suppliers in its territory that acquire information fromanother supplier of public telecommunications transport networks or services in the process ofnegotiating arrangements on, and as a result of, the use of network facilities or interconnection, usethat information solely for the purpose for which it was supplied and respect at all times theconfidentiality of information transmitted or stored.
8.

Each Party shall ensure that major suppliers in its territory enable the use of network facilities,

which may include, inter alia, network elements and associated facilities, to suppliers of public
telecommunications transport networks or services of the other Party on terms and conditions(including in relation to rates, technical standards, specifications, quality and maintenance) which
are transparent, reasonable, non-discriminatory (including with respect to timeliness) and no lessfavourable than those provided for their own like services under like circumstances.1

ARTICLE 8.49
Regulatory authority
1.

Each Party shall ensure that its regulatory authority is legally distinct, and functionallyindependent2 from any supplier of telecommunications services, telecommunications networks ortelecommunications network equipment.
2.

A Party that retains ownership or control of a supplier of public telecommunications transport

networks or services shall ensure effective structural separation of the regulatory function of
telecommunications from activities associated with the ownership or control.

1

2

For greater certainty, nothing in this paragraph shall be construed as preventing a Party fromallowing a major supplier in its territory to reject co-location if there is a reasonable groundfor rejection, in particular with regard to technical feasibility.
For greater certainty, the regulatory authority of a Party shall not be regarded as not
functionally independent solely based on the fact that an authority of that Party (other than theregulatory authority) holds shares or other equity interest in a supplier of telecommunications
services, telecommunications networks or telecommunications network equipment.
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3.

Each Party shall provide its regulatory authority with the power to regulate thetelecommunications sector, and to carry out the task assigned to it including enforcement of themeasures relating to the obligations under this Sub-Section. The tasks to be undertaken by theregulatory authority shall be made publicly available in an easily accessible and clear form.
4.

Each Party shall ensure that the decisions of, and the procedures used by, its regulatory

authority are impartial with respect to all market participants.
5.

Each Party shall ensure that its regulatory authority performs its tasks in a transparent manner

and, to the extent practicable, without undue delay.
6.

Each Party shall provide its regulatory authority with the power to request from suppliers of

telecommunications networks and services all the information, including financial information,
which is necessary to carry out its tasks in accordance with this Sub-Section. The regulatory
authority shall not request more information than that which is necessary to perform its tasks andshall treat the information obtained from those suppliers in accordance with the laws andregulations of that Party relating to business confidentiality.

ARTICLE 8.50
Universal service
1.

Each Party has the right to define the kind of universal service obligations it wishes tomaintain. Those obligations are not to be regarded as anticompetitive per se, provided that they areadministered in a transparent, objective, non-discriminatory and competitively neutral manner andare not more burdensome than necessary for the kind of universal service defined by the Party.
2.

All suppliers of telecommunications services should be eligible to provide universal service.

Universal service suppliers shall be designated through a transparent, non-discriminatory and not
unduly burdensome mechanism.

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3.

The regulatory authority of a Party may determine whether a mechanism is required in order

to compensate the net cost of the suppliers designated to provide universal service, taking into
account the market benefit, if any, accruing to those suppliers, or to share the net cost of theuniversal service obligations.

ARTICLE 8.51
Authorisation to provide telecommunications networks and services
1.

Each Party shall authorise the provision of telecommunications networks or services, to theextent possible, upon simple notification or registration without requiring a prior explicit decisionby its regulatory authority. The rights and obligations resulting from such authorisation shall bemade publicly available in an easily accessible form.
2.

If necessary, a Party may require a licence for the right of use for radio frequencies andnumbers, in particular in order to:(a)avoid harmful interference;(b)

ensure technical quality of service; and(c)safeguard efficient use of spectrum.

3.

If a Party requires a licence, that Party shall make publicly available:(a)all the licensing criteria and a reasonable period of time normally required to reach a decision
on a licence; and(b)the terms and conditions of individual licences.

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4.

Each Party shall notify an applicant of the outcome of its application without undue delay

after a decision on the licence has been taken. In case a decision is taken to deny an application foror revoke a licence, each Party shall make known to the applicant, in principle in writing, uponrequest, the reasons for the denial or revocation. In that case, the applicant shall be able to haverecourse to an appeal body as referred to in Article 8.54.
5.

Each Party shall ensure that any administrative fees imposed on suppliers of

telecommunications networks or services are objective, transparent and commensurate with theadministrative costs of its regulatory authority. Those administrative fees do not include payments
for rights to use scarce resources and mandated contributions to universal service provision.

ARTICLE 8.52
Allocation and use of scarce resources
1.

Each Party shall carry out any procedures for the allocation and use of scarce resources

related to telecommunications, including frequencies, numbers and rights of way, in an open,
objective, timely, transparent, non-discriminatory and not unduly burdensome manner.
2.

Each Party shall make publicly available the current state of allocated frequency bands, butshall not be required to provide detailed identification of frequencies allocated for specificgovernment uses.
3.

Measures by a Party allocating and assigning spectrum and managing frequency are not per se

inconsistent with Articles 8.7 and 8.15. Accordingly, each Party retains the right to establish andapply spectrum and frequency management policies that have the effect of limiting the number ofsuppliers of public telecommunications transport services, provided that the Party does so in amanner consistent with the other provisions of this Agreement. That right includes the ability toallocate frequency bands, taking into account current and future needs and spectrum availability.

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ARTICLE 8.53
Transparency
Each Party shall ensure that its measures relating to access to, and use of, public
telecommunications transport networks and services are made publicly available, including
measures relating to:(a)tariffs and other terms and conditions of service;(b)

specifications of technical interfaces;(c)bodies responsible for the preparation, amendment and adoption of standards affecting theaccess and use;(d)conditions applying to attachment of terminal or other equipment to the public
telecommunications transport networks; and(e)notifications, permits, registrations or licensing requirements, if any.

ARTICLE 8.54
Resolution of telecommunications disputes
1.

Each Party shall ensure, in accordance with its laws and regulations, that suppliers of public

telecommunications transport networks or services of the other Party have timely recourse to theregulatory authority of the former Party to resolve disputes in relation to the rights and obligationsof those suppliers arising from this Sub-Section. In such cases, the regulatory authority shall aim toissue a binding decision, as appropriate, in order to resolve the dispute without undue delay.
2.

If the regulatory authority declines to initiate any action on a request to resolve a dispute, it

shall, upon request and within a reasonable period of time, provide a written explanation for its
decision.
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3.

The regulatory authority shall make the decision resolving the dispute available to the publicin accordance with the laws and regulations of the Party, having regard to the requirements ofbusiness confidentiality.
4.

Each Party shall ensure that a supplier of public telecommunications transport networks orservices aggrieved by a determination or decision of its regulatory authority may obtain review ofthat determination or decision by either the regulatory authority or an independent appeal bodywhich may or may not be a judicial authority.
5.

Each Party shall ensure that a supplier of public telecommunications transport networks orservices affected by a decision of its regulatory authority or independent appeal body, if the latter is
not a judicial authority, may obtain further review of that decision by an independent judicial
authority, except if the supplier has accepted a procedure where the regulatory authority or
independent appeal body issues a final decision, in accordance with the laws and regulations of theParty.
6.

A Party shall not permit an application for review by an appeal body or a judicial authority toconstitute grounds for non-compliance with the determination or decision of the regulatory
authority unless the relevant appeal body or judicial authority withholds, suspends or repeals suchdetermination or decision.
7.

The procedure referred to in paragraphs 1 to 3 shall not preclude either party concerned frombringing an action before the judicial authorities.

ARTICLE 8.55
Relation to international organisations
The Parties recognise the importance of international standards for global compatibility andinteroperability of telecommunications transport networks and services, and undertake to promote
those standards through the work of relevant international bodies, including the International
Telecommunication Union and the International Organization for Standardization.

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ARTICLE 8.56
Confidentiality of information
Each Party shall ensure, in accordance with its laws and regulations, the confidentiality oftelecommunications and related traffic data of users over public telecommunications transport
networks and services without unduly restricting trade in services.

ARTICLE 8.57
International mobile roaming
1.

Each Party shall endeavour to cooperate on promoting transparent and reasonable rates forinternational mobile roaming services with a view to promoting the growth of trade between theParties and enhancing consumer welfare.
2.

Each Party may choose to take steps to enhance transparency and competition with respect tointernational mobile roaming rates and technological alternatives to roaming services, such as:(a)ensuring that information regarding retail rates is easily accessible to consumers; and(b)minimising impediments to the use of technological alternatives to roaming, whereby
consumers, when visiting the territory of a Party from the territory of the other Party, canaccess telecommunications services using the device of their choice.

3.

Each Party shall encourage suppliers of public telecommunications transport services in its

territory to make publicly available information on retail rates for international mobile roaming
services for voice, data and text messages offered to their end users when visiting the territory of theother Party.
4.

Nothing in this Article shall require a Party to regulate rates or conditions for international

mobile roaming services.

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SUB-SECTION 5
Financial services

ARTICLE 8.58
Scope
1.

This Sub-Section applies to measures by a Party affecting trade in financial services.

2.

For the purposes of the application of subparagraph (r) of Article 8.2 to this Sub-Section,"services supplied in the exercise of governmental authority" means the following:(a)activities conducted by a central bank or a monetary authority or by any other public entity in
pursuit of monetary or exchange rate policies;(b)

activities forming part of a statutory system of social security or public retirement plans; and(c)other activities conducted by a public entity for the account or with the guarantee or using thefinancial resources of a Party or its public entities.

3.

For the purposes of the application of subparagraph (r) of Article 8.2 to this Sub-Section, if a

Party allows any of the activities referred to in subparagraph 2(b) or (c) to be conducted by its
financial service suppliers in competition with a public entity or a financial service supplier,"services" shall include those activities.
4.

Subparagraph (s) of Article 8.2 does not apply to services covered by this Sub-Section.

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ARTICLE 8.59
Definitions
For the purposes of this Chapter:(a)"financial service" means any service of a financial nature offered by a financial service
supplier of a Party; financial services include all insurance and insurance-related services, andall banking and other financial services (excluding insurance); financial services include thefollowing activities:(i)

insurance and insurance-related services:(A) direct insurance (including co-insurance):(1)life; and(2)

non-life;(B)

reinsurance and retrocession;(C)

insurance intermediation, such as brokerage and agency; and(D) services auxiliary to insurance, such as consultancy, actuarial, risk assessment andclaim settlement services; and(ii)

banking and other financial services (excluding insurance):(A) acceptance of deposits and other repayable funds from the public;(B)

lending of all types, including consumer credit, mortgage credit, factoring andfinancing of commercial transaction;

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(C)financial leasing;(D) all payment and money transmission services, including credit, charge and debit
cards, travellers cheques and bankers drafts;(E)

guarantees and commitments;(F)

trading for own account or for account of customers, whether on an exchange, inan over-the-counter market or otherwise, the following:(1)

money market instruments (including cheques, bills and certificates ofdeposits);(2)

foreign exchange;(3)

derivative products including, but not limited to, futures and options;(4)exchange rate and interest rate instruments, including products such as
swaps, forward rate agreements;(5)transferable securities; and(6)other negotiable instruments and financial assets, including bullion;(G) participation in issues of all kinds of securities, including underwriting andplacement as agent, whether publicly or privately, and provision of services
related to such issues;(H) money broking;(I)

asset management, such as cash or portfolio management, all forms of collective
investment management, pension fund management, custodial, depository andtrust services;196- 196 -

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(J)settlement and clearing services for financial assets, including securities,
derivative products and other negotiable instruments;(K) provision and transfer of financial information, and financial data processing andrelated software by suppliers of other financial services; and(L)advisory, intermediation and other auxiliary financial services on all the activities
listed in subparagraphs (A) to (K), including credit reference and analysis,
investment and portfolio research and advice, advice on acquisitions and on
corporate restructuring and strategy;(b)"financial service computing facility" means a computer server or storage device for theprocessing or storage of information relevant for the conduct of the ordinary business of afinancial service supplier;(c)"financial service supplier" means any natural or juridical person of a Party wishing to supply
or supplying financial services but does not include a public entity;(d)"new financial service" means any service of a financial nature, including services related toexisting and new products or the manner in which a product is delivered, that is not suppliedby any financial service supplier in the territory of a Party but which is supplied in the
territory of the other Party;(e)"postal insurance entity" means an entity that underwrites and sells insurance to the generalpublic and that is owned or controlled, directly or indirectly, by a postal entity of a Party;(f)"public entity" means:(i)a government, a central bank or a monetary authority of a Party, or an entity owned orcontrolled by a Party, that is principally engaged in carrying out governmental functions
or activities for governmental purposes, not including an entity principally engaged insupplying financial services on commercial terms; or197- 197 -

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(ii)a private entity, performing functions normally performed by a central bank or amonetary authority, when exercising those functions; and(g)"self-regulatory organisation" means a non-governmental body, including a securities or
futures exchange or market, clearing agency, or other organisation or association, thatexercises regulatory or supervisory authority over financial service suppliers by delegationfrom a Party.

ARTICLE 8.60
New financial services1
1.

A Party shall permit financial service suppliers of the other Party to offer in its territory any

new financial service that the Party would permit its own financial service suppliers, in likesituations, to supply without adopting or modifying a law. This Article is subject to each Party's
reservations as set out in Annexes I and II to Annex 8-B.
2.

Notwithstanding subparagraph (b) of Article 8.7, a Party may determine the juridical form

through which the new financial service may be supplied and may require authorisation for the
supply of the service. If a Party requires a financial service supplier to obtain authorisation to
supply a new financial service, the Party shall decide within a reasonable period of time whether toissue the authorisation and may refuse the authorisation only for prudential reasons.

1

The Parties understand that nothing in this Article prevents a financial service supplier of a
Party from applying to the other Party to request that it authorises the supply of a financial
service that is not supplied in the territory of either Party. That application shall be subject tothe law of the Party to which the application is made and, for greater certainty, shall not be
subject to this Article.
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ARTICLE 8.61
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 thenormal course of ordinary business. This Article is not intended to confer access to the Party's
lender of last resort facilities.

ARTICLE 8.62
Self-regulatory organisations
If a Party requires membership or participation in, or access to, a self-regulatory organisation inorder for financial service suppliers of the other Party to supply financial services on an equal basiswith financial service suppliers of that Party, or if that Party provides, directly or indirectly, theself-regulatory organisation privileges or advantages in supplying financial services, that Party shallensure that the self-regulatory organisation observes the obligations contained in Article 8.8.

ARTICLE 8.63
Financial information
1.

A Party shall not restrict a financial service supplier of the other Party from transferring

information, including transfers of data into and out of the former Party's territory by electronic orother means, where such transfers are relevant for the conduct of the ordinary business of thefinancial service supplier.

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2.

Subject to paragraph 3, a Party shall not require, as a condition for conducting business in its

territory, a financial service supplier of the other Party to use or locate financial service computing
facilities in the former Party's territory.1
3.

A Party has the right to require a financial service supplier of the other Party to use or locate

financial service computing facilities in the former Party's territory, where it is not able to ensure
access to information that is appropriate2 for the purposes of effective financial regulation andsupervision, provided that the following conditions are met:(a)to the extent practicable, the Party provides a financial service supplier of the other Party witha reasonable opportunity to remediate any lack of access to information; and(b)

the Party or its financial regulatory authorities consults the other Party or its financial
regulatory authorities before imposing any requirements to a financial service supplier of theother Party to use or locate financial service computing facilities in the former Party's
territory.

4.

Nothing in paragraph 3 shall be construed to grant a Party access to information or to requirea financial service supplier of the other Party to use or locate financial service computing facilities
in the former Party's territory, in a manner beyond what is appropriate for the purposes of effective
financial regulation and supervision.
5.

Nothing in this Article restricts the right of a Party to protect personal data, personal privacy

and the confidentiality of individual records and accounts so long as that right is not used tocircumvent Sections B to D and this Sub-Section.

1

2

For greater certainty, circumstances to which this paragraph applies include those in which afinancial service supplier of the other Party uses a service provided by a third party for theprocessing or storage of information.
For greater certainty, "appropriate" access may include sufficient and timely access that isprovided without undue delay for the purposes of regulation and supervision.
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ARTICLE 8.64
Effective and transparent regulation
1.

The Parties recognise that transparent measures of general application governing the activities

of financial service suppliers are important in facilitating their ability to gain access to and operatein each other's markets. Each Party commits to promote regulatory transparency in financial
services.
2.

If a Party requires authorisation for the supply of a financial service, it shall make publicly

available, the information necessary for financial service suppliers to comply with the requirements
and procedures for obtaining, maintaining, amending and renewing such authorisation.
3.

If a Party requires additional information from the applicant in order to process its application,

it shall notify the applicant without undue delay and, to the extent practicable, give the applicant an
opportunity1 to provide, within a reasonable period of time, the additional information that isrequired to complete the application.
4.

If a Party rejects an application by an applicant, on request of the applicant, it shall, to theextent practicable, inform the applicant of the reasons for rejection of the application.
5.

A Party shall ensure that the rules of general application adopted or maintained by self-

regulatory organisations in the territory of that Party are promptly published or otherwise madeavailable in such a manner as to enable interested persons to become acquainted with them.

1

Such opportunity does not require a Party to extend application deadlines.
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ARTICLE 8.65
Prudential carve-out
1.

Nothing in this Agreement shall prevent a Party from adopting or maintaining measures forprudential reasons, including for:(a)the protection of investors, depositors, policy-holders or persons to whom a fiduciary duty is

owed by a financial service supplier; or(b)ensuring the integrity and stability of the Party's financial system.

2.

Where such measures do not conform with this Agreement, they shall not be used as a meansof avoiding the Party's obligations under this Agreement.
3.

Nothing in this Agreement shall be construed as requiring a Party to disclose information

relating to the affairs and accounts of individual customers or any confidential or proprietary
information in the possession of public entities.

ARTICLE 8.66
Supply of insurance services by postal insurance entities
1.

This Article sets out disciplines that apply if a Party allows its postal insurance entity tounderwrite and supply direct insurance services to the general public. The services covered by this
Article do not include the supply of insurance services relating to the collection, transport anddelivery of letters or packages by a Party's postal insurance entity.
2.

A Party shall not adopt or maintain a measure that creates conditions of competition that are

more favourable to a postal insurance entity with respect to the supply of insurance services referred
to in paragraph 1 as compared to a private supplier of like insurance services in its market,
including by:202- 202 -

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(a)imposing more onerous conditions on a private supplier's licence to supply insurance services
than the conditions the Party imposes on a postal insurance entity to supply like services; or(b)making a distribution channel for the sale of insurance services available to a postal insurance
entity under terms and conditions more favourable than those it applies to private suppliers oflike services.

3.

With respect to the supply of insurance services referred to in paragraph 1 by a postal

insurance entity, a Party shall apply the same regulations and enforcement activities that it applies
to the supply of like insurance services by private suppliers.
4.

In implementing its obligations under paragraph 3, a Party shall require a postal insurance

entity that supplies insurance services referred to in paragraph 1 to publish an annual financial
statement with respect to the supply of those services. The statement shall provide the level of detailand meet the auditing standards required under generally accepted accounting and auditing
principles, internationally accepted accounting and auditing standards or equivalent rules, applied in
the Party's territory with respect to publicly traded private enterprises that supply like services.
5.

Paragraphs 1 to 4 do not apply to a postal insurance entity in the territory of a Party:(a)that the Party neither owns nor controls, directly or indirectly, as long as the Party does not
maintain any advantage that modifies the conditions of competition in favour of the postal
insurance entity in the supply of insurance services as compared to a private supplier of likeinsurance services in its market; or(b)if sales of direct life and non-life insurance underwritten by the postal insurance entity eachaccount for no more than 10 per cent, respectively, of total annual premium income fromdirect life and non-life insurance in the Party's market.

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ARTICLE 8.67
Regulatory cooperation in financial services
The Parties shall promote regulatory cooperation in financial services in accordance with Annex 8A.

SUB-SECTION 6International maritime transport services

ARTICLE 8.68
Scope and definitions
1.

This Sub-Section sets out the principles of the regulatory framework for the provision ofinternational maritime transport services pursuant to Sections B to D of this Chapter, and applies tomeasures by a Party affecting trade in international maritime transport services.
2.

For the purposes of this Chapter:(a)"container station and depot services" means activities consisting in storing containers,
whether in port areas or inland, with a view to their stuffing or stripping, repairing and making
them available for shipments;(b)"customs clearance services" means activities consisting in carrying out on behalf of anotherparty customs formalities concerning import, export, or through transport of cargoes,irrespective of whether this service is the main activity of the service supplier or a usualcomplement of its main activity;204- 204 -

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(c)"door-to-door or multimodal transport operations" means the transport of cargo using morethan one mode of transport, involving an international sea-leg, under a single transport
document;(d)"freight forwarding services" means activities consisting of organising and monitoring
shipment operations on behalf of shippers, through the acquisition of transport and related
services, preparation of documentation and provision of business information;(e)"international maritime transport services" means the transport of passengers or cargo by seagoing vessels between a port of a Party and a port of the other Party or a third country, andincludes the direct contracting with suppliers of other transport services, with a view tocovering door-to-door or multimodal transport operations under a single transport document,
but does not include the right to supply such other transport services;(f)"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 andresale of the necessary related services, preparation of documentation, and provision ofbusiness information; and(ii) acting on behalf of the companies organising the call of the ship or taking over cargoes
when required;(g)"maritime auxiliary services" means maritime cargo handling services, storage andwarehousing services, customs clearance services, container station and depot services,maritime agency services and freight forwarding services;(h)"maritime cargo handling services" means activities exercised by stevedore companies,
including terminal operators but not including the direct activities of dockers, when thisworkforce is organised independently of the stevedoring or terminal operator companies. The
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(i)the loading or discharging of cargo to or from a ship;(ii)

the lashing or unlashing of cargo; and(iii) the reception or delivery and safekeeping of cargoes before shipment or after discharge;
and(i)"storage and warehousing services" means storage services of frozen or refrigerated goods,
bulk storage services of liquids or gases, and storage and warehousing services of other goods
including cotton, grain, wool, tobacco, other farm products and other household goods.

ARTICLE 8.69
Obligations
Without prejudice to non-conforming measures or other measures referred to in Articles 8.12 and
8.18, each Party shall:(a)respect the principle of unrestricted access to the international maritime markets and trades on
a commercial and non-discriminatory basis;(b)

accord to ships flying the flag of the other Party or operated by service suppliers of the otherParty treatment no less favourable than that it accords to its own ships, with regard to, interalia, access to ports, the use of infrastructure and services of ports, and the use of maritime
auxiliary services, as well as related fees and charges, customs facilities and the assignment ofberths and facilities for loading and unloading;1

1

In applying the principles set out in subparagraphs (a) and (b), each Party shall not adopt ormaintain cargo-sharing arrangements in any agreement concerning international maritime
transport services. Each Party shall terminate any such arrangement in any agreement in force
or signed prior to the date of entry into force of this Agreement, upon the entry into force of
this Agreement.
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(c)permit international maritime transport service suppliers of the other Party to establish andoperate an enterprise in its territory under conditions of establishment and operation no lessfavourable than that it accords to its own service suppliers; and(d)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: pilotage,
towing and tug assistance, provisioning, fuelling and watering, garbage collecting and ballast
waste disposal, port captain's services, navigation aids, emergency repair facilities, anchorage,
berth and berthing services, shore-based operational services essential to ship operations,
including communications, water and electrical supplies.

SECTION F
Electronic commerce

ARTICLE 8.70
Objective and general provisions
1.

The Parties recognise that electronic commerce contributes to economic growth and increases

trade opportunities in many sectors. The Parties also recognise the importance of facilitating the use
and development of electronic commerce.
2.

The objective of this Section is to contribute to creating an environment of trust andconfidence in the use of electronic commerce and to promote electronic commerce between theParties.
3.

The Parties recognise the importance of the principle of technological neutrality in electroniccommerce.
4.

This Section applies to measures by a Party affecting trade by electronic means.

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5.

This Section does not apply to gambling and betting services, broadcasting services,audio-visual services, services of notaries or equivalent professions, and legal representation
services.
6.

In the event of any inconsistency between the provisions of this Section and the otherprovisions of this Agreement, those other provisions shall prevail to the extent of the inconsistency.

ARTICLE 8.71
Definitions
For the purposes of this Section:(a)"algorithm" means a defined sequence of steps, taken to solve a problem or obtain a result;(b)"cipher" or "cryptographic algorithm" means a mathematical procedure or formula for
combining a key with data (plaintext) to create a ciphertext;(c)"ciphertext" means data in a form that cannot be easily understood without subsequent
decryption;(d)"commercial information and communication technology product" (commercial ICT product)means a product, including software, that is designed for commercial applications and whose
intended function is information processing and communication by electronic means,including transmission and display, or electronic processing applied to determine or record
physical phenomena, or to control physical processes;(e)"computing facilities" means computer servers and storage devices for processing or storing
information for commercial use;(f)"covered person" means:(i)a covered enterprise;208- 208 -

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(ii)an entrepreneur of a Party; and(iii) a service supplier of a Party,
but does not include a financial service supplier of a Party;(g)"cryptography" means the principles, means or methods for the transformation of data inorder to conceal or disguise its content, prevent its undetected modification or prevent its
unauthorised use; and is limited to the transformation of information using one or more secretparameters, for example, crypto variables or associated key management;(h)"electronic authentication" means the electronic process or act of verifying the identity of aparty to an electronic communication or transaction, or ensuring the origin and integrity of anelectronic communication;(i)"electronic signature" means data in electronic form which is in, affixed to or logicallyassociated with other electronic data and that may be used to:(i)identify the person in relation to the electronic data;(ii)

indicate the person's approval of the information contained in the electronic data; and(iii) confirm that the information in the electronic data has not been altered;(j)"encryption" means the conversion of data (plaintext) through the use of a cryptographic
algorithm into a ciphertext using the appropriate key;(k)"government information" means non-proprietary information, including data, held by thecentral government;(l)"key" means a parameter used in conjunction with a cryptographic algorithm that determines
its operation in such a way that a person with knowledge of the key can reproduce or reverse
the operation, but a person without knowledge of the key cannot;209- 209 -

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(m) "personal information" means any information, including data, about an identified or
identifiable natural person;(n)"recipient" means:(i)a natural person; or(ii)

a juridical person to the extent provided for in the laws and regulations of each Party;
and

(o)

"unsolicited commercial electronic message" means an electronic message which is sent forcommercial or marketing purposes to an electronic address, without the consent of therecipient or despite the explicit rejection of the recipient, via a public telecommunications
service.

ARTICLE 8.72
Customs duties
1.

The Parties shall not impose customs duties on electronic transmissions, including content

transmitted electronically, between a person of a Party and a person of the other Party.
2.

For greater certainty, paragraph 1 does not preclude a Party from imposing internal taxes, feesor other charges on electronic transmissions, provided that those taxes, fees or charges are imposedin a manner consistent with this Agreement.

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ARTICLE 8.73
Source code
1.

A Party shall not require the transfer of, or access to, source code of software owned by aperson of the other Party, or the transfer of, or access to, an algorithm expressed in that source code,
as a condition for the import, distribution, sale or use of that software, or of products containing thatsoftware, in its territory.
2.

This Article shall not preclude a regulatory body or judicial authority of a Party, or a Party

with respect to a conformity assessment body, from requiring a person of the other Party:(a)to preserve and make available1 the source code of software, or an algorithm expressed in thatsource code, for an investigation, inspection, examination, enforcement action or judicial
proceeding, subject to safeguards against unauthorised disclosure; or(b)

to transfer or provide access to the source code of software, or an algorithm expressed in thatsource code, for the purpose of imposing or enforcing a remedy granted in accordance withthat Party's law following an investigation, inspection, examination, enforcement action or
judicial proceeding.

3.

This Article does not apply to:(a)the voluntary transfer of, or granting of access to, source code, or an algorithm expressed inthat source code, by a person of the other Party, such as in the context of a freely negotiatedcontract or government procurement;2 or(b)services supplied or activities performed in the exercise of governmental authority.

1

The Parties understand that this making available shall not be construed to negatively affectthe status of the source code of software, or an algorithm expressed in that source code, as atrade secret.
For greater certainty, voluntary transfer or granting of access in the context of a government
procurement includes transfer or access for the purpose of any upgrades to, and scaling or
modification of, software containing source code.

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4.

For greater certainty, this Article shall not prevent a Party from adopting or maintaining

measures1 inconsistent with paragraph 1, in accordance with:(a)

Article 1.5, Article 8.3 and Article 8.65; or(b)Article III of the GPA, as incorporated by Article 10.1.

ARTICLE 8.74
Domestic regulation
Each Party shall ensure that all its measures of general application affecting electronic commerce,
including measures related to its collection of information, are administered in a reasonable,
objective and impartial manner.

ARTICLE 8.75
Principle of no prior authorisation
1.

The Parties will endeavour not to impose prior authorisation or any other requirement having

equivalent effect on the provision of services by electronic means.
2.

Paragraph 1 shall be without prejudice to authorisation schemes which are not specifically andexclusively targeted at services provided by electronic means, and to rules in the field of
telecommunications.

1

These measures include measures to ensure security and safety, such as in the context of acertification or assurance procedure.
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ARTICLE 8.76
Conclusion of contracts by electronic means
Unless otherwise provided for in its laws and regulations, a Party shall not adopt or maintainmeasures regulating electronic transactions that:(a)deny the legal effect, validity or enforceability of a contract, solely on the grounds that it isconcluded by electronic means; or(b)otherwise create obstacles to the use of contracts concluded by electronic means.

ARTICLE 8.77
Electronic authentication and electronic signature
1.

Unless otherwise provided for in its laws and regulations, a Party shall not deny the legal

effect or validity of an electronic signature or the authenticating data resulting from electronic
authentication, solely on the grounds that it is in electronic form.
2.

A Party shall not adopt or maintain measures regulating electronic authentication andelectronic signature that would:(a)prohibit parties to an electronic transaction from mutually determining the appropriate
electronic authentication methods for their transaction; or(b)prevent parties to an electronic transaction from being able to prove to judicial oradministrative authorities that the use of electronic authentication or an electronic signature inthat transaction complies with the applicable legal requirements.

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3.

Notwithstanding paragraph 2, each Party may require that, for a particular category oftransactions, the method of electronic authentication or electronic signature meets certain
performance standards which shall be objective, transparent and non-discriminatory and shall only
relate to the specific characteristics of the category of transactions concerned or is certified by anauthority accredited in accordance with its laws and regulations.
4.

The Parties shall encourage the use of interoperable electronic authentication and electronic

signatures.

ARTICLE 8.78
Principles on access to and use of the Internet for electronic commerce
Subject to its applicable policies, laws and regulations, each Party should adopt or maintainappropriate measures to ensure that a consumer1 in its territory may:(a)access and use services and applications of the consumer's choice available on the Internet,
subject to reasonable, transparent and non-discriminatory network management;(b)connect the devices of the consumer's choice to the Internet, provided that such devices do notharm the network; and(c)access information on the network management practices of the consumer's Internet accessservice supplier.

1

For the purposes of this Article, "consumer" means any natural or juridical person using theInternet for personal, trade, business or professional purposes.
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ARTICLE 8.79
Consumer protection
1.

The Parties recognise the importance of adopting and maintaining transparent and effective

consumer protection measures applicable to electronic commerce as well as measures conducive tothe development of consumer confidence in electronic commerce.
2.

Each Party shall adopt or maintain consumer protection laws and regulations to proscribe

fraudulent and deceptive commercial activities that cause harm or potential harm to consumers
engaged in online commercial activities.
3.

The Parties recognise the importance of and shall promote cooperation between theirrespective competent authorities in charge of consumer protection on activities related to electroniccommerce in order to enhance consumer protection and welfare. To this end, the Parties affirm thatcooperation under paragraphs 4 to 6 of Article 11.7 includes cooperation with respect to online
commercial activities.

ARTICLE 8.80
Personal information protection
1.

The Parties recognise the economic and social benefits of protecting the personal informationof users of electronic commerce and the contribution that this makes to enhancing consumer
confidence in electronic commerce.

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2.

To this end, each Party shall adopt or maintain a legal framework that provides for theprotection of the personal information of the users of electronic commerce.1 In the development of
its legal framework for the protection of personal information, each Party should take into accountprinciples and guidelines of relevant international bodies.
3.

Each Party shall endeavour to adopt non-discriminatory practices in protecting users ofelectronic commerce from personal information protection violations occurring within its
jurisdiction.
4.

Each Party shall publish information on the personal information protections it provides tousers of electronic commerce, including how:(a)individuals can pursue remedies; and(b)business can comply with any legal requirements.

5.

Recognising that the Parties may take different legal approaches to protecting personal

information, each Party should encourage the development of mechanisms to promote compatibility
between these different regimes. These mechanisms may include the recognition of regulatory
outcomes, whether accorded autonomously or by mutual arrangement, or broader internationalframeworks. To this end, the Parties shall endeavour to exchange information on any suchmechanisms applied in their jurisdictions and explore ways to extend these or other suitablearrangements to promote compatibility between them.

1

For greater certainty, a Party may comply with the obligation in this paragraph by adopting ormaintaining measures such as a comprehensive privacy, personal information or personal dataprotection laws, sector-specific laws covering privacy, or laws that provide for theenforcement of voluntary undertakings by enterprises relating to privacy.
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ARTICLE 8.81
Unsolicited commercial electronic messages
1.

Each Party shall adopt or maintain measures regarding unsolicited commercial electronic

messages that:(a)require suppliers of unsolicited commercial electronic messages to facilitate the ability ofrecipients to prevent ongoing reception of those messages; or(b)require the prior consent, as specified according to its laws and regulations, of recipients toreceive commercial electronic messages.

2.

Each Party shall ensure that commercial electronic messages are clearly identifiable as such,clearly disclose on whose behalf they are made, and contain the necessary information to enable
recipients to request cessation free of charge and at any time.
3.

Each Party shall provide recourse against suppliers of unsolicited commercial electronic

messages that do not comply with the measures adopted or maintained pursuant toparagraphs 1 and 2.

ARTICLE 8.82
Open government data
1.

The Parties recognise that facilitating public access to and use of government information

fosters economic and social development, competitiveness and innovation.
2.

If a Party chooses to make government information available to the public, it shall endeavour

to ensure that the information is in a machine-readable and open format and can be searched,retrieved, used, reused and redistributed.

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3.

The Parties shall endeavour to cooperate to identify ways in which each Party can expand

access to and use of government information that the Party has made public, with a view toenhancing and generating business opportunities, especially for small and medium-sizedenterprises.

ARTICLE 8.83
Cooperation on electronic commerce
1.

The Parties shall, where appropriate, cooperate and participate actively in multilateral fora topromote the development of electronic commerce.
2.

The Parties agree to maintain a dialogue on regulatory matters relating to electroniccommerce with a view to sharing information and experience, as appropriate, including on relatedlaws, regulations and their implementation, and best practices with respect to electronic commerce,in relation to, inter alia:(a)consumer protection;(b)personal information protection;(c)cybersecurity;(d)combatting unsolicited commercial electronic messages;(e)electronic trust services;(f)the treatment of digital products;(g)

the recognition of certificates of electronic signatures issued to the public;(h)challenges for small and medium-sized enterprises in the use of electronic commerce;

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(i)emerging technology, including artificial intelligence and the Internet of Things;(j)the facilitation of cross-border certification services;(k)intellectual property; and(l)electronic government.

ARTICLE 8.84
Cross-border transfer of information by electronic means
1.

A Party shall not prohibit or restrict the cross-border transfer of information by electronicmeans, including personal information, when this activity is for the conduct of the business of acovered person.
2.

Nothing in this Article shall prevent a Party from adopting or maintaining measuresinconsistent with paragraph 1 to achieve a legitimate public policy objective, provided that themeasure:(a)is not applied in a manner which would constitute a means of arbitrary or unjustifiable
discrimination or a disguised restriction on trade; and(b)does not impose restrictions on transfers of information greater than are required to achieve
the objective.

3.

This Article does not apply to:(a)government procurement; or(b)information held or processed by or on behalf of a Party, or measures by a Party related to that
information, including measures related to its collection.

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ARTICLE 8.85
Location of computing facilities
1.

A Party shall not require a covered person to use or locate computing facilities in that Party's

territory as a condition for conducting business in that territory.
2.

Nothing in this Article shall prevent a Party from adopting or maintaining measuresinconsistent with paragraph 1 that are necessary to achieve a legitimate public policy objective,
provided that the measure is not applied in a manner which would constitute a means of arbitrary or
unjustifiable discrimination or a disguised restriction on trade.
3.

This Article does not apply to:(a)government procurement; or(b)information held or processed by or on behalf of a Party, or measures by a Party related to that
information, including measures related to its collection.

ARTICLE 8.86
Commercial information and communication technology products that use cryptography1
1.

A Party shall not require a manufacturer or supplier of a commercial ICT product that uses

cryptography, as a condition of the manufacture, sale, distribution, import or use of the commercial
ICT product, to:1

For greater certainty, this Article does not affect the rights and obligations of a Party under
Article 8.73.
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15:54:44(a)transfer or provide access to any proprietary information relating to cryptography, including
by disclosing a particular technology or production process or other information, for example,
a private key or other secret parameter, algorithm specification or other design detail, to that
Party or a person in the territory of that Party;(b)partner or otherwise cooperate with a person in the territory of that Party in the development,
manufacture, sale, distribution, import or use of the commercial ICT product; or(c)use or integrate a particular cryptographic algorithm or cipher.

2.

This Article shall not preclude a regulatory body or judicial authority of a Party fromrequiring a manufacturer or supplier of a commercial ICT product that uses cryptography:(a)to preserve and make available1 any information to which subparagraph 1(a) applies for aninvestigation, inspection, examination, enforcement action or judicial proceeding, subject tosafeguards against unauthorised disclosure; or(b)

to transfer or provide access to any information to which subparagraph 1(a) applies for the
purpose of imposing or enforcing a remedy granted in accordance with that Party's
competition law following an investigation, inspection, examination, enforcement action or
judicial proceeding.

3.

Notwithstanding paragraph 4 of Article 8.70, this Article applies to commercial ICT productsthat use cryptography.2 This Article does not apply to:(a)a Party's law enforcement authorities requiring service suppliers using encryption to provide
access to encrypted and unencrypted communications pursuant to that Party's legal
procedures;(b)

the regulation of financial instruments;

1

The Parties understand that this making available shall not be construed to negatively affectthe status of any proprietary information relating to cryptography as a trade secret.
For greater certainty, for the purposes of this Article, a commercial ICT product does notinclude a financial instrument.

2

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15:54:44(c)a requirement that a Party adopts or maintains relating to access to networks, including user
devices, that are owned or controlled by that Party, including those of central banks;(d)measures by a Party adopted or maintained pursuant to supervisory, investigatory or
examination authority relating to financial service suppliers or financial markets; or(e)the manufacture, sale, distribution, import or use of a commercial ICT product that uses
cryptography by or for a Party.

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CHAPTER 9
CAPITAL MOVEMENTS, PAYMENTS AND TRANSFERS
AND TEMPORARY SAFEGUARD MEASURES

ARTICLE 9.1
Current accountWithout prejudice to other provisions of this Agreement, each Party shall allow, in freely
convertible currency1, and in accordance with the Articles of Agreement of the International
Monetary Fund, as applicable, any payments and transfers with regard to transactions on the current
account of the balance of payments which fall within the scope of this Agreement.

ARTICLE 9.2
Capital movements
1.

Without prejudice to other provisions of this Agreement, each Party shall allow, with regard

to transactions on the capital and financial account of the balance of payments, the free movementof capital for the purpose of liberalisation of investments and other transactions as provided for in
Chapter 8.
2.

The Parties shall consult each other with a view to facilitating the movement of capital

between them in order to promote trade and investment.

1

For the purposes of this Chapter, "freely convertible currency" means a currency that can be
freely exchanged against currencies that are widely traded in international foreign exchange
markets and widely used in international transactions. For greater certainty, currencies that are
widely traded in international foreign exchange markets and widely used in internationaltransactions include freely usable currencies as designated by the IMF in accordance with the
Articles of Agreement of the International Monetary Fund.
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ARTICLE 9.3
Application of laws and regulations relating to capital movements, payments or transfers
1.

Articles 9.1 and 9.2 shall not be construed as preventing a Party from applying its laws andregulations relating to:(a)bankruptcy, insolvency or the protection of the rights of creditors;(b)issuing, trading or dealing in securities, or futures, options and other derivatives;(c)financial reporting or record keeping of capital movements, payments or transfers where
necessary to assist law enforcement or financial regulatory authorities;(d)criminal or penal offences, or deceptive or fraudulent practices;(e)ensuring compliance with orders or judgments in adjudicatory proceedings; or(f)social security, public retirement or compulsory savings schemes.

2.

The laws and regulations referred to in paragraph 1 shall not be applied in an inequitable,

arbitrary or discriminatory manner, or otherwise constitute a disguised restriction on capital
movements, payments or transfers.

ARTICLE 9.4
Temporary safeguard measures
1.

A Party may adopt or maintain restrictive measures with regard to capital movements,

payments or transfers:

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(a)in the event of serious balance of payments or external financial difficulties, or threat thereof;1or(b)if, in exceptional circumstances, capital movements, payments or transfers cause or threaten
to cause serious macroeconomic difficulties related to monetary and exchange rate policies.

2.

The measures referred to in paragraph 1 shall:(a)be consistent with the Articles of Agreement of the International Monetary Fund, asapplicable;(b)

not exceed those necessary to deal with the situations described in paragraph 1;(c)be temporary and be phased out progressively as the situation described in paragraph 1
improves;(d)

avoid unnecessary damage to the commercial, economic and financial interests of the otherParty; and(e)be non-discriminatory compared to third countries in like situations.

3.

In the case of trade in goods, each Party may adopt restrictive measures pursuant to

Article 2.20 for balance-of-payments purposes.
4.

In the case of trade in services, each Party may adopt restrictive measures in order tosafeguard its external financial position or balance of payments. Those measures shall be inaccordance with the conditions set out in Article XII of GATS.

1

The Parties acknowledge that serious balance of payments or external financial difficulties, or
threat thereof, as referred to in subparagraph (a) may be caused among other factors byserious macroeconomic difficulties related to monetary and exchange rate policies, or threat
thereof, as referred to in subparagraph (b).
225
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5.

A Party maintaining or having adopted measures referred to in paragraphs 1 and 2 shallpromptly notify the other Party of them.
6.

If restrictions are adopted or maintained pursuant to this Article, the Parties shall promptly

hold consultations in the Committee on Trade in Services, Investment Liberalisation and Electronic
Commerce established pursuant to Article 23.3, unless consultations are held in other fora. The
consultations shall assess the balance of payments or external financial difficulties or othermacroeconomic difficulties that led to the respective measures, taking into account, inter alia, suchfactors as:(a)the nature and extent of the difficulties;(b)

the external economic and trading environment; and(c)alternative corrective measures which may be available.

7.

The consultations pursuant to paragraph 6 shall address the compliance of any restrictive

measures with paragraphs 1 and 2. Those consultations shall be based on all available relevant
findings of statistical or factual nature by the IMF, and the conclusions shall take into account theassessment by the IMF of the balance of payments and the external financial situation or othermacroeconomic difficulties of the Party concerned.

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CHAPTER 10
GOVERNMENT PROCUREMENTARTICLE 10.1
Incorporation of the GPA1
The GPA is incorporated into and made part of this Chapter, mutatis mutandis.

ARTICLE 10.2
Additional scope of application
The rules and procedures provided for in the provisions of the GPA specified in Part 1 of Annex 10
apply, mutatis mutandis, to procurement covered by Part 2 of Annex 10.

1

For the purposes of this Chapter, without prejudice to paragraph 2 of Article 10.14, the GPA
incorporated into and made part of this Chapter, mutatis mutandis, shall be understood as the
GPA as of the day before the date on which the EU-Japan EPA ceases to apply to the United
Kingdom, until the GPA enters into force for the United Kingdom as an independent party to
the GPA, and any references to the GPA in this Agreement shall be interpreted accordingly.
For the purposes of the preceding sentence, the procurement covered by the annexes of theEuropean Union to Appendix I to the GPA applicable to the United Kingdom the day before
the date on which the EU-Japan EPA ceases to apply to the United Kingdom, shall be deemed
to be the procurement covered by the annexes of the United Kingdom to Appendix I to the
GPA under this Agreement.
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ARTICLE 10.3
Additional rules
Each Party shall apply Articles 10.4 to 10.12 to both the procurement covered by its annexes toAppendix I to the GPA and the procurement covered by Part 2 of Annex 10.

ARTICLE 10.4
Publication of notices
Notices of intended or planned procurement under Article VII of the GPA shall be directly
accessible by electronic means free of charge through a single point of access on the Internet.

ARTICLE 10.5
Conditions for participation
1.

Further to Article VIII of the GPA, a procuring entity of a Party shall not exclude a supplierestablished in the other Party from participating in a tendering procedure on the basis of a legal
requirement according to which the supplier must be:(a)a natural person; or(b)a legal person.

This provision does not apply to procurement within the scope of the Act on Promotion of Private
Finance Initiative of Japan (Law No. 117 of 1999).

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2.

While a procuring entity of a Party may, in establishing the conditions for participation,require relevant prior experience where essential to meet the requirements of the procurement inaccordance with subparagraph 2(b) of Article VIII of the GPA, that procuring entity shall not
impose the condition that such prior experience must have been acquired within the territory of that
Party.

ARTICLE 10.6
Qualification of suppliers
1.

If a Party maintains a supplier registration system under which interested suppliers are

required to register and provide certain information, those suppliers may request their registration at
any time. A procuring entity should inform those suppliers within a reasonably short period of time
whether their registration has been granted.
2.

When, in order to be allowed to submit a tender in view of a procurement for construction

work in Japan, a supplier established in the United Kingdom is required to undergo a Business
Evaluation (Keieijikoshinsa) (also known as Keishin) under the Construction Business Law ofJapan (Law No. 100 of 1949), Japan shall ensure that its authorities carrying out such evaluation:(a)assess in a non-discriminatory manner and, where appropriate, recognise as equivalent tothose in Japan, indicators of the supplier realised outside Japan, which may include:(i)the number of technical staff;(ii)

the labour welfare conditions;(iii) the number of operating years in the construction business;(iv) the conditions of accounting in the construction business;(v)

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(vi) the acquisition of ISO9001 or ISO14001 certification;(vii) the employment and development of young engineers and skilled workers;(viii) the amount of sales for completed construction work; and(ix) the amount of sales for completed construction work as a prime contractor; and(b)take due account of indicators of the supplier realised outside Japan, which may include:(i)the amount of equity capital;(ii)

the amount of earnings before interest, taxes, depreciation and amortisation (EBITDA);(iii) the ratio of net interest expense to sales amount;(iv) the liabilities turnover period;(v)

the ratio of gross profit on sale to gross capital;(vi) the ratio of recurring profit to sales amount;(vii) the ratio of equity capital to fixed asset;(viii) the equity ratio;(ix) the amount of cash flows from operating activities; and(x)the amount of accumulated earnings.

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ARTICLE 10.7
Selective tendering
1.

If, in accordance with paragraphs 4 and 5 of Article IX of the GPA, a procuring entity limits

the number of suppliers for a given procurement, the number of suppliers permitted to submit atender shall be sufficient to ensure competition without affecting the operational efficiency of the
procurement system.
2.

For Japan, this Article applies only to central government entities.

ARTICLE 10.8
Technical specifications
If a procuring entity applies environment-friendly technical specifications as set out forenvironmental labels or as defined by relevant laws and regulations in force within the United
Kingdom or Japan, each Party shall ensure that those specifications are:(a)appropriate to define the characteristics of the goods or services that are the object of thecontract;(b)

based on objectively verifiable and non-discriminatory criteria; and(c)accessible to all interested suppliers.

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ARTICLE 10.9
Test reports
1.

Each Party, including its procuring entities, may require that interested suppliers provide a test

report issued by a conformity assessment body or a certificate issued by such a body as a means of
proof of conformity with the requirements or the criteria set out in the technical specifications, theevaluation criteria or any other terms or conditions.
2.

When requiring the submission of a test report or a certificate issued by a conformity

assessment body, each Party, including its procuring entities, shall:(a)accept the results of conformity assessment procedures that are conducted by the registeredconformity assessment bodies of the other Party in accordance with paragraph 1 of Article 2of the Protocol on Mutual Recognition; and(b)duly take into consideration any future expansion of the scope of the Protocol on Mutual
Recognition, or any further agreement to be concluded between the Parties with the purposeof mutual recognition of conformity assessment procedures, once it has entered into force.

ARTICLE 10.10
Environmental conditions
Procuring entities may lay down environmental conditions relating to the performance of a
procurement, provided that those conditions are compatible with the rules established by this
Chapter and are indicated in the notice of intended procurement or in another notice used as a noticeof intended procurement or tender documentation.

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ARTICLE 10.11
Treatment of tenders and awarding of contracts
1.

Further to paragraph 5 of Article XV of the GPA, and in accordance with the conditions set

out in each Party's laws and regulations, each Party shall ensure that its procuring entities areentitled to choose between the two criteria referred to in subparagraphs (a) and (b) of paragraph 5 of
Article XV of the GPA and that they are aware of the respective merits of those criteria.
2.

Further to paragraph 6 of Article XV of the GPA, if a procuring entity receives a tender with aprice that is abnormally lower than the prices in other tenders submitted, it may also verify with the
supplier whether the price takes into account the grant of subsidies.

ARTICLE 10.12
Domestic review procedures
1.

Where an impartial administrative authority is designated by a Party under paragraph 4 of

Article XVIII of the GPA, that Party shall ensure that:(a)the members of the designated authority are independent, impartial, and free from external
influence during the term of appointment;(b)the members of the designated authority are not dismissed against their will while they are in
office, unless their dismissal is required by the provisions governing the designated authority;
and

(c)

with regard to the procuring entities covered under Annexes 1 and 3 of each Party toAppendix I to the GPA, as well as the central government entities and all other entities except
the sub-central government entities covered under Part 2 of Annex 10, the President or at least
one other member of the designated authority, has legal and professional qualifications
equivalent to those necessary for judges, lawyers or other legal experts qualified under thelaws and regulations of the Party.
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2.

Each Party shall adopt or maintain procedures that provide for rapid interim measures topreserve the supplier's opportunity to participate in the procurement. Such interim measures,provided for in subparagraph 7(a) of Article XVIII of the GPA, may result in suspension of the
procurement process or, if a contract has been concluded by the procuring entity and if a Party has
so provided, in suspension of performance of the contract. The procedures may provide that
overriding adverse consequences for the interests concerned, including the public interest, may betaken into account when deciding whether such measures should be applied. Just cause for not
acting shall be provided in writing.
3.

In case an interested or participating supplier has submitted a challenge with the designatedauthority referred to in paragraph 1, each Party shall, in principle, ensure that a procuring entity
shall not conclude the contract until that authority has made a decision or recommendation on thechallenge with regard to interim measures, corrective action or compensation for the loss ordamages suffered as referred to in paragraphs 2, 5 and 6 in accordance with its rules, regulations
and procedures. Each Party may provide that in unavoidable and duly justified circumstances, thecontract can be nevertheless concluded.
4.

Each Party may provide for:(a)a standstill period between the contract award decision and the conclusion of a contract inorder to give sufficient time to unsuccessful suppliers to assess whether it is appropriate toinitiate a review procedure; or(b)a sufficient period for an interested supplier to submit a challenge, which may constitutegrounds for the suspension of the execution of a contract.

5.

Corrective action under subparagraph 7(b) of Article XVIII of the GPA may include one ormore of the following:(a)the removal of discriminatory technical, economic or financial specifications in the invitation
to tender, the contract documents or any other document relating to the tendering procedureand conduct of new procurement procedures;234- 234 -

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(b)the repetition of the procurement procedure without changing the conditions;(c)the setting aside of the contract award decision and the adoption of a new contract award
decision;(d)the termination of a contract or the declaration of its ineffectiveness; or(e)the adoption of other measures with the aim to remedy a breach of this Chapter, for example
an order to pay a particular sum until the breach has been effectively remedied.

6.

In accordance with subparagraph 7(b) of Article XVIII of the GPA, each Party may provide

for the award of compensation for the loss or damages suffered. In this regard, if the review body of
the Party is not a court and a supplier believes that there has been a breach of the domestic laws andregulations implementing the obligations under this Chapter, the supplier may bring the matter
before a court, including with a view to seeking compensation, in accordance with the judicial
procedures of the Party.
7.

Each Party shall adopt or maintain the necessary procedures by which the decisions or

recommendations made by review bodies are effectively implemented, or the decisions by judicial
review bodies are effectively enforced.

ARTICLE 10.13
Collection and reporting of statistics
Each Party shall communicate to the other Party available and comparable statistical data relevantto the procurement covered by Part 2 of Annex 10.

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ARTICLE 10.14
Modifications and rectifications to coverage
1.

A Party may modify or rectify its commitments under Part 2 of Annex 10.

2.

If a modification or a rectification of a Party's annexes to Appendix I to the GPA becomes

effective pursuant to Article XIX of the GPA, it shall automatically become effective for the
purposes of this Agreement.
3.

When a Party intends to modify its commitments under Part 2 of Annex 10, the Party shall:(a)notify the other Party in writing; and(b)

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

4.

Notwithstanding subparagraph 3(b), a Party does not need to provide compensatory

adjustments if the modification concerns a procuring entity over whose procurement the Party has
effectively eliminated its control or influence.
5.

In the event the Committee on Government Procurement established by Article XXI of the

GPA adopts criteria pursuant to subparagraphs 8(b) and (c) of Article XIX of the GPA, thosecriteria shall be applicable also within the context of this Article.
6.

If the other Party objects that:(a)an adjustment proposed in accordance with subparagraph 3(b) is inadequate to maintain acomparable level of mutually agreed coverage; or236- 236 -

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(b)the intended modification referred to in paragraph 4 concerns a procuring entity over whose
procurement the Party has not effectively eliminated its control or influence,

it shall submit an objection in writing to the Party intending to modify its commitments within
45 days from the date of receipt of the notification referred to in subparagraph 3(a) or be deemed tohave accepted the adjustment or modification.
7.

The following changes to a Party's commitments under Part 2 of Annex 10 shall beconsidered a rectification:(a)a change in the name of a procuring entity;(b)a merger of two or more procuring entities listed in the same paragraph of Part 2 of Annex 10;(c)the separation of a procuring entity listed in Part 2 of Annex 10 into two or more procuring
entities that are added to the procuring entities listed in the same paragraph of that Part; and(d)updates of indicative lists such as those set out in paragraph 2 of Section A of Part 2 ofAnnex 10, subparagraph 1(b) of Section B of Part 2 of Annex 10, or in Annexes 2 and 3 of theUnited Kingdom to Appendix I to the GPA.

8.

In the case of intended rectifications, the Party shall notify the other Party in writing every

two years, in line with the cycle of notifications provided for in the Decision of the Committee on
Government Procurement on Notification Requirements under Articles XIX and XXII of theAgreement adopted on 30 March 2012 (GPA/113), following the entry into force of this Agreement.

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9.

The other Party may, within 45 days from the date of receipt of the notification pursuant toparagraph 8, submit an objection in writing to the Party intending to rectify its commitments. The
Party submitting an objection shall set out the reasons why it believes the intended rectification is
not a change provided for in paragraph 7, and describe the effect of the intended rectification on themutually agreed coverage provided for in this Agreement. If no such objection is submitted inwriting within 45 days from the date of receipt of the notification, the intended rectification shall bedeemed to have been accepted.
10.

If the Party objects to the intended modification or rectification, or to the proposedcompensatory adjustment, the Parties shall seek to resolve the issue through consultations. If noagreement between the Parties is reached within 150 days from the date of receipt of the notificationof the objection, the Party intending to modify or rectify its commitments may have recourse todispute settlement under Chapter 22 to determine whether the objection is justified. An intended
modification or rectification in respect of which an objection has been submitted shall be deemed tohave been accepted only when so agreed through the consultations or so decided by the panel
established pursuant to Article 22.7.

ARTICLE 10.15
Cooperation
The Parties shall endeavour to cooperate with a view to achieving enhanced understanding of theirrespective government procurement markets. The Parties also recognise that the involvement ofrelated industries of the Parties, through means such as dialogues, is important for that purpose.

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ARTICLE 10.16
Committee on Government Procurement
1.

The Committee on Government Procurement established pursuant to Article 23.3 (hereinafterreferred to in this Article as "the Committee") shall be responsible for the effective implementationand operation of this Chapter.
2.

The Committee shall have the following functions:(a)making recommendations to the Joint Committee to adopt decisions amending Part 2 ofAnnex 10 to reflect modifications or rectifications accepted pursuant to Article 10.14 oragreed compensatory adjustments;(b)adopting modalities for the communication of statistical data pursuant to Article 10.13, if
deemed necessary;(c)considering matters regarding government procurement that are referred to it by a Party; and(d)exchanging information relating to government procurement opportunities, including those at
sub-central levels, in each Party.

ARTICLE 10.17
Contact points
Each Party shall, upon the entry into force of this Agreement, designate a contact point for the
implementation of this Chapter and notify the other Party of the contact details including
information regarding the relevant officials. The Parties shall promptly notify each other of any
change of those contact details.

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CHAPTER 11
COMPETITION POLICYARTICLE 11.1
Principles
The Parties recognise the importance of fair and free competition in their trade and investment
relations. The Parties acknowledge that anticompetitive practices have the potential to distort theproper functioning of markets and undermine the benefits of liberalisation of trade and investment.

ARTICLE 11.2
Anticompetitive practices
Each Party shall, in accordance with its laws and regulations, take measures which it considers
appropriate against anticompetitive practices, in order to achieve the objectives of this Agreement.

ARTICLE 11.3
Legislative and regulatory framework
1.

Each Party shall maintain its competition law that applies to all enterprises in all sectors of theeconomy and which addresses, in an effective manner, the following anticompetitive practices:(a)for the United Kingdom:(i)agreements between enterprises, decisions by associations of enterprises and concerted
practices which have as their object or effect the prevention, restriction or distortion ofcompetition;240- 240 -

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(ii)abuse by one or more enterprises of a dominant position; and(iii) mergers between enterprises which may substantially lessen competition; and(b)

for Japan:(i)

private monopolisation;(ii)

unreasonable restraint of trade;(iii) unfair trade practices; and(iv) mergers or acquisitions which would substantially restrain competition in a particularfield of trade.
2.

Each Party shall apply its competition law to all enterprises, private or public, engaged ineconomic activities. However, each Party may provide for certain exemptions from the applicationof its competition law provided that those exemptions are transparent and are based on public policy
grounds or public interest grounds.
3.

For the purposes of this Chapter, "economic activities" means those activities pertaining to theoffering of goods and services in a market.

ARTICLE 11.4
Operational independence
Each Party shall maintain an operationally independent authority which is responsible andcompetent for the effective enforcement of its competition law.

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ARTICLE 11.5
Non-discrimination
When applying its competition law, each Party shall respect the principle of non-discrimination for
all enterprises, irrespective of the nationality and type of ownership of the enterprises.

ARTICLE 11.6
Procedural fairness
When applying its competition law, each Party shall respect the principle of procedural fairness forall enterprises, irrespective of the nationality and type of ownership of the enterprises.

ARTICLE 11.7
Consumer protection
1.

Each Party recognises the importance of consumer protection policy and enforcement tocreating efficient and competitive markets and enhancing consumer welfare.
2.

For the purposes of this Article, fraudulent and deceptive commercial activities refers to thosefraudulent and deceptive commercial practices that cause actual harm to consumers, or that pose an
imminent threat of such harm if not prevented, for example:(a)a practice of making misrepresentations of material fact, including implied factual
misrepresentations, that causes significant detriment to the economic interests of misledconsumers;(b)a practice of failing to deliver products or provide services to consumers after the consumers
are charged; or242- 242 -

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(c)a practice of charging or debiting consumers' financial, telephone or other accounts withoutauthorisation.

3.

Each Party shall adopt or maintain consumer protection laws or other laws or regulations thatproscribe fraudulent and deceptive commercial activities.1
4.

Each Party recognises that fraudulent and deceptive commercial activities increasingly

transcend national borders and that cooperation between the Parties is desirable to effectively
address these activities.
5.

Accordingly, each Party shall promote, as appropriate, cooperation on matters of mutualinterest related to fraudulent and deceptive commercial activities, including in the enforcement of
their consumer protection laws.
6.

Each Party shall endeavour to cooperate on the matters set out in this Article through therelevant national public bodies or officials responsible for consumer protection policy, laws or
enforcement, as determined by each Party and compatible with their respective laws, regulations
and important interests and within their reasonably available resources.

ARTICLE 11.8
Transparency
Each Party shall apply its competition law in a transparent manner. Each Party shall promotetransparency in its competition policy.

1

For greater certainty, the laws or regulations a Party adopts or maintains to proscribe these
activities can be civil or criminal in nature.
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ARTICLE 11.9
Enforcement cooperation1.

To achieve the objectives of this Agreement and to contribute to the effective enforcement of

the competition law of each Party, the Parties acknowledge that it is in their common interest to
promote cooperation and coordination between the competition authorities with regard todevelopments in competition policy and enforcement activities.
2.

To facilitate the cooperation and coordination referred to in paragraph 1, the competition

authorities of the Parties may exchange or otherwise communicate information in accordance withthe respective laws and regulations of the Parties.
3.

Detailed cooperation arrangements to implement this Article may be made between thecompetition authorities of the Parties.

ARTICLE 11.10
Dispute settlement
The provisions of this Chapter shall not be subject to dispute settlement under Chapter 22.

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CHAPTER 12
SUBSIDIES

ARTICLE 12.1
Principles
The Parties recognise that subsidies may be granted by a Party when they are necessary to achieve
public policy objectives. However, certain subsidies have the potential to distort the proper
functioning of markets and undermine the benefits of liberalisation of trade and investment. In
principle, subsidies should not be granted by a Party when it finds that they have or could have asignificant negative effect on trade or investment between the Parties.

ARTICLE 12.2
Definitions
For the purposes of this Chapter:(a)"economic activities" means those activities pertaining to the offering of goods and services ina market;(b)"subsidy" means a measure which fulfils mutatis mutandis the conditions set out in Article 1.1of the SCM Agreement, irrespective of whether the recipients of the subsidy deal in goods orservices; and(c)"specific subsidy" means a subsidy which is determined mutatis mutandis to be specific in
accordance with Article 2 of the SCM Agreement.

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ARTICLE 12.3
Scope
1.

This Chapter applies to specific subsidies to the extent they are related to economic activities1.

2.

This Chapter does not apply to subsidies granted to enterprises entrusted by the government

with the provision of services to the general public for public policy objectives. Such exceptions
from the rules on subsidies shall be transparent and shall not go beyond their targeted public policy
objectives.
3.

This Chapter does not apply to subsidies granted to compensate the damage caused by natural

disasters or other exceptional occurrences.
4.

Articles 12.5 and 12.6 do not apply to subsidies, the cumulative amounts or budgets of which

are less than 450,000 special drawing rights (hereinafter referred to as "SDR") per beneficiary for aperiod of three consecutive years.
5.

Articles 12.6 and 12.7 do not apply to subsidies related to trade in goods covered by Annex 1

to the Agreement on Agriculture and subsidies related to trade in fish and fish products.
6.

Article 12.7 does not apply to subsidies granted temporarily to respond to a national or global

economic emergency2. Such subsidies shall be targeted, economical, effective and efficient in orderto remedy the identified temporary national or global economic emergency.
7.

This Chapter does not apply to audio-visual services.

1

For greater certainty, education provided under the domestic educational system of each Party
shall be considered as a non-economic activity.
For greater certainty, an economic emergency shall be understood as one that affects thewhole economy of a Party.

2

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8.

Article 12.7 does not apply to subsidies granted by sub-central levels of government of eachParty. In fulfilling its obligations under this Chapter, each Party shall take such reasonable measures
as may be available to it to ensure the observance of the provisions of this Chapter by sub-centrallevels of government of that Party.

ARTICLE 12.4
Relation to the WTO Agreement
Nothing in this Chapter shall affect the rights and obligations of either Party under the SCM
Agreement, Article XVI of GATT 1994 and Article XV of GATS.

ARTICLE 12.5
Notification
1.

Each Party shall notify in English the other Party of the legal basis, form, amount or budget

and, where possible, the name of the recipient of any specific subsidy granted or maintained1 by the
notifying Party, every two years from the date of entry into force of this Agreement. However, thefirst notification shall be made no later than three years after the date of entry into force of thisAgreement.
2.

If a Party makes publicly available on an official website the information specified inparagraph 1, the notification pursuant to paragraph 1 shall be deemed to have been made. If a Party
notifies subsidies pursuant to Article 25.2 of the SCM Agreement, the Party shall be considered tohave met the requirement of paragraph 1 with respect to such subsidies.

1

For the purposes of this paragraph, in the case of subsidies which have previously been
notified, the information provided in updated notifications may be limited to indicating any
modifications, or the absence thereof, from the previous notification.
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3.

With regard to subsidies related to services, this Article only applies to the following sectors:architectural and engineering services, banking services, computer services, construction services,energy services, environment services, express delivery services, insurance services,
telecommunication services and transport services.

ARTICLE 12.6
Consultations
1.

In the event a Party considers that a subsidy of the other Party has or could have a significant

negative effect on its trade or investment interests under this Chapter, the former Party may submit
a request for consultation in writing. The Parties shall enter into consultations with a view toresolving the matter, provided that the request includes an explanation of how the subsidy has or
could have a significant negative effect on trade or investment between the Parties.
2.

During the consultations, the Party receiving the request for consultation shall consider toprovide information about the subsidy, if requested by the other Party, such as:(a)the legal basis and policy objective or purpose of the subsidy;(b)

the form of the subsidy such as a grant, loan, guarantee, repayable advance, equity injection ortax concession;(c)dates and duration of the subsidy and any other time limits attached to it;(d)eligibility requirements of the subsidy;(e)the total amount or the annual amount budgeted for the subsidy and the possibility of limiting
the subsidy;(f)where possible, the recipient of the subsidy; and248- 248 -

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(g)any other information, including statistical data, permitting an assessment of the effects of thesubsidy on trade or investment.

3.

To facilitate the consultations, the requested Party shall provide relevant information on thesubsidy in question in writing no later than 90 days after the date of receipt of the request referred toin paragraph 1.
4.

In the event that any information referred to in paragraph 2 is not provided by the requested

Party, that Party shall explain the absence of such information in its written response.
5.

If the requesting Party, after the consultations, still considers that the subsidy has or could

have a significant negative effect on its trade or investment interests under this Chapter, therequested Party shall accord sympathetic consideration to the concerns of the requesting Party. Any
solution shall be considered feasible and acceptable by the requested Party.

ARTICLE 12.7
Prohibited subsidies
The following subsidies of a Party that have or could have a significant negative effect on trade orinvestment between the Parties shall be prohibited:(a)legal or other arrangements whereby a government or a public body is responsible forguaranteeing debts or liabilities of an enterprise, without any limitation as to the amount andduration of such guarantee; and249- 249 -

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(b)subsidies for restructuring an ailing or insolvent enterprise without the enterprise having
prepared a credible restructuring plan. Such a restructuring plan shall be prepared within areasonable time period after such enterprise having received temporary liquidity support.1 The
restructuring plan shall be based on realistic assumptions with a view to ensuring the return tolong-term viability of the ailing or insolvent enterprise within a reasonable time period. The
enterprise itself or its owners shall contribute significant funds or assets to the costs ofrestructuring.

ARTICLE 12.8
Use of subsidies
Each Party shall ensure that enterprises use subsidies only for the specific purpose for which thesubsidies were granted.

ARTICLE 12.9
General exceptions
For the purposes of this Chapter, Article XX of GATT 1994 and Article XIV of GATS are hereby
incorporated into and made part of this Agreement, mutatis mutandis.

ARTICLE 12.10
Dispute settlement
Paragraph 5 of Article 12.6 shall not be subject to dispute settlement under Chapter 22.
1

For greater certainty, nothing in this Article prevents a Party from providing subsidies by wayof temporary liquidity support in the form of loan guarantees or loans limited to the amountneeded to keep the enterprise in business for the time necessary to prepare a restructuring or
liquidation plan.
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CHAPTER 13
STATE-OWNED ENTERPRISES, ENTERPRISES GRANTED SPECIAL RIGHTSOR PRIVILEGES AND DESIGNATED MONOPOLIESARTICLE 13.1
Definitions
For the purposes of this Chapter:(a)"Arrangement" means the Arrangement on Officially Supported Export Credits, developed
within the framework of the Organisation for Economic Co-operation and Development(hereinafter referred to as "OECD") or a successor undertaking, whether developed within or
outside of the OECD framework, that has been adopted by at least 12 original WTO Membersthat were Participants to the Arrangement as of 1 January 1979;(b)"commercial activities" means activities which an enterprise undertakes with an orientation
towards profit-making1 and which result in the production of a good or the supply of aservice, which will be sold to a consumer in the relevant market in quantities and at prices
determined by the enterprise;(c)"commercial considerations" means considerations of price, quality, availability,
marketability, transportation and other terms and conditions of purchase or sale, or otherfactors that would normally be taken into account in the commercial decisions of a privately
owned enterprise operating according to market economy principles in the relevant businessor industry;(d)"designate a monopoly" means to establish or authorise a monopoly, or to expand the scope ofa monopoly to cover an additional good or service;1

For greater certainty, activities undertaken by an enterprise which operates on a non-profit
basis or a cost-recovery basis are not activities undertaken with an orientation towards
profit-making.
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(e)"designated monopoly" means an entity, including a consortium or a government agency, thatin a relevant market in the territory of a Party is designated as the sole supplier or purchaser ofa good or service, but does not include an entity that has been granted an exclusive intellectual
property right solely by reason of such grant;(f)"enterprise granted special rights or privileges" means an enterprise, public or private,including its subsidiaries, to which a Party has granted special rights or privileges; special
rights or privileges are granted by a Party where it designates a limited number of enterprises
authorised to supply a good or service, other than according to objective, proportional andnon-discriminatory criteria, substantially affecting the ability of any other enterprise to supply
the same good or service in the same geographical area under substantially equivalentconditions;(g)"service supplied in the exercise of governmental authority" means a service supplied in theexercise of governmental authority as defined in GATS and, if applicable, in the Annex on
Financial Services to GATS; and(h)"state-owned enterprise" means an enterprise that is principally engaged in commercial
activities in which a Party:(i)directly owns more than 50 per cent of the share capital;(ii)

controls, through ownership interests, the exercise of more than 50 per cent of thevoting rights;(iii) holds the power to appoint a majority of members of the board of directors or any otherequivalent management body; or(iv) has the power to legally direct the actions of the enterprise or otherwise exercises anequivalent degree of control in accordance with its laws and regulations.

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ARTICLE 13.2
Scope
1.

This Chapter applies to state-owned enterprises, enterprises granted special rights or

privileges and designated monopolies, engaged in commercial activities. Where they engage both incommercial and non-commercial activities, only the commercial activities are covered by this
Chapter.
2.

This Chapter applies to state-owned enterprises, enterprises granted special rights or

privileges and designated monopolies at all levels of government.
3.

This Chapter does not apply to situations where state-owned enterprises, enterprises granted

special rights or privileges or designated monopolies act as procuring entities covered either undereach Party's annexes to Appendix I to the GPA or under Part 2 of Annex 10 conducting
procurement for governmental purposes and not with a view to commercial resale or with a view to
use in the production of a good or in the supply of a service for commercial sale.
4.

This Chapter does not apply to any service supplied in the exercise of governmental authority.

5.

This Chapter does not apply to a state-owned enterprise, an enterprise granted special rights or

privileges or a designated monopoly, if in any one of the three previous consecutive fiscal years theannual revenue derived from the commercial activities of the enterprise or monopoly concerned wasless than 200 million SDR.
6.

Article 13.5 does not apply with respect to the supply of financial services by a state-owned

enterprise pursuant to a government mandate, if that supply of financial services:(a)

supports exports or imports, provided that those services are:(i)

not intended to displace commercial financing; or(ii)offered on terms no more favourable than those that could be obtained for comparable
financial services in the commercial market;
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(b)supports private investment outside the territory of the Party, provided that these services are:(i)

not intended to displace commercial financing; or(ii)offered on terms no more favourable than those that could be obtained for comparable
financial services in the commercial market; or(c)is offered on terms consistent with the Arrangement, provided that it falls within the scope of
the Arrangement.

7.

Article 13.5 does not apply to the sectors set out in paragraph 2 of Article 8.6.

8.

Article 13.5 does not apply to the extent that a state-owned enterprise, an enterprise granted

special rights or privileges or a designated monopoly of a Party makes purchases and sales of agood or a service pursuant to:(a)any existing non-conforming measure in accordance with paragraph 1 of Article 8.12 andparagraph 1 of Article 8.18 that the Party maintains, continues, renews, amends or modifies as
set out in its Schedule in Annex I to Annex 8-B; or(b)

any non-conforming measure by a Party in accordance with paragraph 2 of Article 8.12 andparagraph 2 of Article 8.18 with respect to sectors, sub-sectors, or activities as set out in its
Schedule in Annex II to Annex 8-B.

ARTICLE 13.3
Relation to the WTO Agreement
The Parties affirm their rights and obligations under paragraphs 1 to 3 of Article XVII of
GATT 1994, the Understanding on the Interpretation of Article XVII of the General Agreement on
Tariffs and Trade 1994, as well as under paragraphs 1, 2 and 5 of Article VIII of GATS.

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ARTICLE 13.4
General provisions
1.

Without prejudice to the rights and obligations of each Party under this Chapter, nothing inthis Chapter prevents a Party from establishing or maintaining a state-owned enterprise, granting anenterprise special rights or privileges or designating a monopoly.
2.

Neither Party shall require or encourage a state-owned enterprise, an enterprise granted

special rights or privileges or a designated monopoly to act in a manner inconsistent with this
Chapter.

ARTICLE 13.5
Non-discriminatory treatment and commercial considerations
1.

Each Party shall ensure that each of its state-owned enterprises, enterprises granted special

rights or privileges and designated monopolies, when engaging in commercial activities:(a)acts in accordance with commercial considerations in its purchase or sale of a good or service,
except to fulfil any terms of its public service mandate that are not inconsistent with
subparagraph (b) or (c);(b)

in its purchase of a good or service:(i)accords to a good or service supplied by an enterprise of the other Party treatment noless favourable than it accords to a like good or a like service supplied by enterprises of
the Party; and(ii)

accords to a good or service supplied by a covered enterprise as defined insubparagraph (c) of Article 8.2 treatment no less favourable than it accords to a likegood or a like service supplied by enterprises of entrepreneurs of the Party in therelevant market in the Party; and255- 255 -

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(c)in its sale of a good or service:(i)accords to an enterprise of the other Party treatment no less favourable than it accords toenterprises of the Party; and(ii)

accords to a covered enterprise as defined in subparagraph (c) of Article 8.2 treatment
no less favourable than it accords to enterprises of entrepreneurs of the Party in therelevant market in the Party.1

2.

Subparagraphs 1(b) and (c) do not preclude a state-owned enterprise, an enterprise granted

special rights or privileges or a designated monopoly from:(a)purchasing or selling goods or services on different terms or conditions, including thoserelating to price, provided that such different terms or conditions are made in accordance withcommercial considerations; or(b)refusing to purchase or sell goods or services, provided that such refusal is made inaccordance with commercial considerations.

1

For greater certainty, this paragraph shall not apply with respect to the purchase or sale ofshares, stock or other forms of equity by a state-owned enterprise, an enterprise granted
special rights or privileges or a designated monopoly as a means of its equity participation inanother enterprise.
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ARTICLE 13.6
Regulatory framework
1.

The Parties respect and make best use of relevant international standards including, inter alia,

the OECD Guidelines on Corporate Governance of State-Owned Enterprises.
2.

Each Party shall ensure that any regulatory body or any other body exercising a regulatory

function that the Party establishes or maintains is independent from, and not accountable to, any ofthe enterprises regulated by that body, and acts impartially1 in like circumstances with respect to allenterprises regulated by that body, including state-owned enterprises, enterprises granted special
rights or privileges and designated monopolies.2
3.

Each Party shall apply its laws and regulations to state-owned enterprises, enterprises granted

special rights or privileges and designated monopolies in a consistent and non-discriminatory
manner.

ARTICLE 13.7
Information exchange
1.

Each Party shall provide to the other Party or otherwise make publicly available on an official

website a list of its state-owned enterprises, except for those within the meaning of subparagraph(h)(iv) of Article 13.1, at the central level of government3, no later than six months after the date ofentry into force of this Agreement, and thereafter shall update the list annually.

1
2
3

For greater certainty, the impartiality with which the body exercises its regulatory functions is
to be assessed by reference to a general pattern or practice of that body.
For greater certainty, for those sectors in which the Parties have agreed to specific obligations
relating to such a body in Chapter 8, the relevant provisions of Chapter 8 shall prevail.
In this paragraph, "central level of government" means:(a) for the United Kingdom, the Government of the United Kingdom; and(b) for Japan, the Government of Japan.
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2.

Each Party shall promptly notify the other Party or otherwise make publicly available on an

official website the designation of a monopoly and the terms of its designation.
3.

A Party which has reason to believe that its interests under this Chapter are being adversely

affected by the commercial activities of a state-owned enterprise, an enterprise granted special
rights or privileges or a designated monopoly (hereinafter referred to in this Article as "the entity")of the other Party may request the other Party in writing to provide information on the commercial
activities of the entity related to the carrying out of the provisions of this Chapter in accordancewith paragraph 4.
4.

The requested Party shall provide the following information, provided that the request

includes an explanation of how the activities of the entity may be affecting the interests of therequesting Party under this Chapter and indicates which of the following information shall be
provided:(a)the organisational structure of the entity and its composition of the board of directors or of
any other equivalent management body;(b)the percentage of shares that the requested Party, its state-owned enterprises, enterprises
granted special rights or privileges or designated monopolies cumulatively own, and thepercentage of voting rights that they cumulatively hold, in the entity;(c)a description of any special shares or special voting or other rights that the requested Party, its
state-owned enterprises, enterprises granted special rights or privileges or designatedmonopolies hold, where such rights are different from those attached to the general commonshares of the entity;(d)a description of the government departments or public bodies which regulate the entity, adescription of the reporting requirements imposed on it by those departments or public bodies,and the rights and practices, where possible, of those departments or public bodies withrespect to the appointment, dismissal or remuneration of senior executives and members of its
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15:54:59(e)annual revenue and total assets of the entity over the most recent three-year period for which
information is available;(f)any exemptions, immunities and related measures from which the entity benefits under thelaws and regulations of the requested Party; and(g)any additional information regarding the entity that is publicly available, including annual
financial reports and third party audits.

5.

The requested Party shall endeavour to provide the information required pursuant to paragraph

4 no later than two months after the date of that request.

ARTICLE 13.8
General exceptions
For the purposes of this Chapter, Article XX of GATT 1994 and Article XIV of GATS are hereby
incorporated into and made part of this Agreement, mutatis mutandis.

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CHAPTER 14
INTELLECTUAL PROPERTYSECTION A
General provisions

ARTICLE 14.1
Initial provisions
1.

In order to facilitate the production and commercialisation of innovative and creative products

and the provision of services between the Parties and to increase the benefits from trade andinvestment, the Parties shall grant and ensure adequate, effective and non-discriminatory protectionof intellectual property and provide for measures for the enforcement of intellectual property rights
against infringement thereof, including counterfeiting and piracy, in accordance with the provisionsof this Chapter and of the international agreements to which both Parties are party.
2.

A Party may, but shall not be obliged to, provide more extensive protection for, or

enforcement of, intellectual property rights under its law than is required by this Chapter, provided
that such protection or enforcement does not contravene the provisions of this Chapter.

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3.

For the purposes of this Chapter, "intellectual property" means all categories of intellectual

property that are covered by Articles 14.8 to 14.44 of this Chapter or Sections 1 to 7 of Part II of the
TRIPS Agreement. The protection of intellectual property includes protection against unfair
competition as referred to in Article 10bis of the Paris Convention for the Protection of Industrial
Property, done at Paris on 20 March 1883 (hereinafter referred to as "the Paris Convention")1.
4.

The objectives and principles set out in Part I of the TRIPS Agreement, in particular in

Articles 7 and 8, shall apply to this Chapter, mutatis mutandis.

ARTICLE 14.2
Agreed principles
Having regard to the underlying public policy objectives of domestic systems, the Parties recognise
the need to:(a)promote innovation and creativity;(b)facilitate the diffusion of information, knowledge, technology, culture and the arts; and(c)foster competition and open and efficient markets,

through their respective intellectual property systems, while respecting the principles of, inter alia,transparency and non-discrimination, and taking into account the interests of relevant stakeholders
including right holders and users.

1

For greater certainty, the Paris Convention shall be understood to be the Paris Convention for
the Protection of Industrial Property of 20 March 1883, as revised at Brussels on
14 December 1900, at Washington on 2 June 1911, at The Hague on 6 November 1925, atLondon on 2 June 1934, at Lisbon on 31 October 1958, and at Stockholm on 14 July 1967 andas amended on 28 September 1979.
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ARTICLE 14.3
International agreements
1.

The provisions of this Chapter shall complement the rights and obligations of the Parties

under other international agreements in the field of intellectual property to which both Parties areparty.
2.

The Parties affirm their commitment to comply with the obligations set out in theinternational agreements relating to intellectual property to which both Parties are party at the dateof entry into force of this Agreement, including the following:(a)the TRIPS Agreement;(b)

the Paris Convention;(c)the International Convention for the Protection of Performers, Producers of Phonograms andBroadcasting Organisations, done at Rome on 26 October 1961 (hereinafter referred to as "theRome Convention");(d)the Berne Convention for the Protection of Literary and Artistic Works, done at Berne on
9 September 1886 (hereinafter referred to as "the Berne Convention")1;(e)

the WIPO Copyright Treaty, adopted at Geneva on 20 December 1996;(f)

the WIPO Performances and Phonograms Treaty, adopted at Geneva on 20 December 1996;

1

For greater certainty, the Berne Convention shall be understood to be the Berne Convention
for the Protection of Literary and Artistic Works of 9 September 1886, completed at Paris on
4 May 1896, revised at Berlin on 13 November 1908, completed at Berne on 20 March 1914,
revised at Rome on 2 June 1928, at Brussels on 26 June 1948, at Stockholm on 14 July 1967
and at Paris on 24 July 1971 and amended on 28 September 1979.
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(g)the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for
the Purposes of Patent Procedure, done at Budapest on 28 April 1977;(h)the International Convention for the Protection of New Varieties of Plants, done at Paris on
2 December 1961 (hereinafter referred to as "the 1991 UPOV Convention")1;(i)

the Protocol Relating to the Madrid Agreement Concerning the International Registration ofMarks, adopted at Madrid on 27 June 1989;(j)the Patent Cooperation Treaty, done at Washington on 19 June 1970;(k)

the Patent Law Treaty, adopted at Geneva on 1 June 2000;(l)

the Trademark Law Treaty, adopted at Geneva on 27 October 1994;(m) the Singapore Treaty on the Law of Trademarks, adopted at Singapore on 27 March 2006;(n)

the Geneva Act of the Hague Agreement Concerning the International Registration ofIndustrial Designs, adopted at Geneva on 2 July 1999;(o)the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind,
Visually Impaired or Otherwise Print Disabled, adopted at Marrakesh on 27 June 2013;(p)

the Locarno Agreement Establishing an International Classification for Industrial Designs,
signed at Locarno on 8 October 1968; and(q)

the Nice Agreement Concerning the International Classification of Goods and Services for
the Purposes of the Registration of Marks, done at Nice on 15 June 1957.

1

For greater certainty, the 1991 UPOV Convention shall be understood to be the International
Convention for the Protection of New Varieties of Plants of 2 December 1961 as revised at
Geneva on 19 March 1991.
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3.

Each Party shall make all reasonable efforts to ratify or accede to the Beijing Treaty on

Audiovisual Performances, adopted at Beijing on 24 June 2012, if, by the date of entry into force of
this Agreement, it is not already party to it.

ARTICLE 14.4
National treatment
1.

In respect of all categories of intellectual property covered by this Chapter, each Party shallaccord to nationals1 of the other Party treatment no less favourable than the treatment it accords to
its own nationals with regard to the protection2 of intellectual property subject to the exceptions
already provided for in, respectively, the Paris Convention, the Berne Convention, the Rome
Convention and the Treaty on Intellectual Property in Respect of Integrated Circuits, adopted at
Washington on 26 May 1989. In respect of performers, producers of phonograms and broadcastingorganisations, this obligation only applies in respect of the rights provided for under thisAgreement.
2.

The obligation pursuant to paragraph 1 shall also be subject to the exceptions provided for in

Article 5 of the TRIPS Agreement.

1
2

For the purposes of this Article and Article 14.5, "nationals" has the same meaning as in the
TRIPS Agreement.
For the purposes of this Article and Article 14.5, "protection" includes matters affecting theavailability, acquisition, scope, maintenance and enforcement of intellectual property rights aswell as those matters affecting the use of intellectual property rights specifically addressed inthis Chapter.
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ARTICLE 14.5
Most-favoured-nation treatment
Each Party shall immediately and unconditionally accord to nationals of the other Party treatment
no less favourable than the treatment it accords to the nationals of a third country with regard to theprotection of intellectual property, subject to the exceptions provided for in Articles 4 and 5 of the
TRIPS Agreement.

ARTICLE 14.6
Procedural matters and transparency
1.

Each Party shall make all reasonable efforts to promote efficiency and transparency in theadministration of its intellectual property system.
2.

For the purpose of providing an efficient administration of its intellectual property system,

each Party shall take appropriate measures to enhance the efficiency of its administrative
procedures concerning intellectual property rights in line with international standards.
3.

For the purpose of further promoting transparency in the administration of its intellectual

property system, each Party shall make all reasonable efforts to take appropriate available measuresto:(a)publish information on, and make available to the public information contained in the files on:(i)applications for and grant of patents;(ii)

registrations of industrial designs;(iii) registrations of trademarks and applications therefor;265- 265 -

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(iv) registrations of new varieties of plants; and(v)(b)

registrations of geographical indications;

make available to the public information on measures taken by the competent authorities forthe suspension of the release of goods infringing intellectual property rights as a bordermeasure set out in Article 14.57;(c)make available to the public information on its efforts to ensure effective enforcement ofintellectual property rights and other information with regard to its intellectual propertysystem; and(d)make available to the public information on relevant laws and regulations, final judicial
decisions, and administrative rulings of general application pertaining to the enforcement ofintellectual property rights.

ARTICLE 14.7
Promotion of public awareness concerning protection of intellectual property
Each Party shall take necessary measures to continue promoting public awareness of protection of
intellectual property including educational and dissemination projects on the use of intellectual
property as well as on the enforcement of intellectual property rights.

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SECTION B
Standards concerning intellectual property

SUB-SECTION 1
Copyright and related rights

ARTICLE 14.8
Authors
Each Party shall provide for authors the exclusive right to authorise or prohibit:(a)direct or indirect reproduction by any means and in any form, in whole or in part, of theirworks;(b)

any form of distribution to the public, by sale or otherwise, of the original of their works or of
copies thereof; each Party may determine the conditions under which the exhaustion of theright set out in this provision applies after the first sale or other transfer of ownership of theoriginal or a copy of the work with the authorisation of the author; and(c)

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

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ARTICLE 14.9
Performers
Each Party shall provide for performers the exclusive right to authorise or prohibit:(a)the fixation of their performances;(b)

direct or indirect reproduction by any means and in any form, in whole or in part, of fixationsof their performances;(c)the distribution to the public, by sale or otherwise, of fixations of their performances inphonograms; each Party may determine the conditions under which the exhaustion of the right
set out in this provision applies after the first sale or other transfer of ownership of the originalor a copy of the fixed performance with the authorisation of the performer;(d)the making available to the public of fixations of their performances, by wire or wirelessmeans, in such a way that members of the public may access them from a place and at a time
individually chosen by them; and(e)the broadcasting by wireless means and the communication to the public of theirperformances, except where the performance is itself already a broadcast performance or ismade from a fixation.

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ARTICLE 14.10
Producers of phonograms
Each Party shall provide for phonogram producers the exclusive right to authorise or prohibit:(a)direct or indirect reproduction by any means and in any form, in whole or in part, of theirphonograms;(b)

the distribution to the public, by sale or otherwise, of their phonograms, including copies;
each Party may determine the conditions under which the exhaustion of the right set out inthis provision applies after the first sale or other transfer of ownership of the original or a
copy of the phonogram with the authorisation of the producer of the phonogram; and(c)the making available to the public of their phonograms, by wire or wireless means, in such a
way that members of the public may access them from a place and at a time individuallychosen by them.

ARTICLE 14.11
Broadcasting organisations
Each Party shall provide broadcasting organisations with the exclusive right to authorise or prohibit:(a)the fixation of their broadcasts;(b)

the reproduction of fixations of their broadcasts;

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(c)the making available to the public1 of their broadcasts, by wire or wireless means, which ismade in response to a request from a member of the public;2(d)the rebroadcasting of their broadcasts by wireless means; and(e)the communication to the public of their broadcasts if such communication is made in places
accessible to the public against payment of an entrance fee; each Party may determine theconditions under which that exclusive right may be exercised.

ARTICLE 14.12
Use of phonograms
The Parties agree to discuss measures to ensure adequate remuneration for performers andproducers of phonograms when phonograms published for commercial purposes are used forbroadcasting or for any communication to the public.

1
2

For greater certainty, for the United Kingdom, this right is limited to situations where therequest is made from a place and at a time individually chosen by a member of the public.
For greater certainty, for Japan, this subparagraph shall be applied to the form of public
transmission which occurs automatically in response to a request from the public, except for
those which occur manually.
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ARTICLE 14.13
Term of protection1
1.

The term of protection for rights of an author of a literary or artistic work within the meaningof Article 2 of the Berne Convention shall run for the life of the author and for 70 years after theauthor's death, irrespective of the date when the work is lawfully made available to the public. If theterm of protection for those rights is counted on a basis other than the life of a natural person, suchterm shall be no less than 70 years after the work is lawfully made available to the public. Failingsuch making available within 70 years after the creation of the work, the term of protection shall be
no less than 70 years from the work's creation.
2.

The term of protection for rights of performers shall be no less than 50 years after the

performance.
3.

The term of protection for rights of producers of phonograms shall be no less than 70 years

after the phonogram was published. Failing such publication within at least 50 years from thefixation of the phonogram, the term of protection shall be no less than 50 years after the fixation
was made2.
4.

The term of protection for rights in broadcasts shall be no less than 50 years after the firsttransmission of the broadcast.
5.

The terms set out in this Article shall be counted from the first of January of the year

following the year of the event which gives rise to them.

1
2

Nothing in this Article shall prevent a Party from providing longer terms of protection thanthose specified in the Article.
Each Party may adopt effective measures in order to ensure that the profit generated during
the 20 years of protection beyond 50 years is shared fairly between the performers andproducers of phonograms.
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ARTICLE 14.14
Limitations and exceptions
Each Party may provide for limitations or exceptions to the rights set out in Articles 14.8 to 14.12
only in certain special cases which neither conflict with a normal exploitation of the subject matternor unreasonably prejudice the legitimate interests of the right holders, in accordance with theconventions and international agreements to which it is party.

ARTICLE 14.15
Artist's resale right in works of art
The Parties agree to exchange views and information on issues related to a right to an interest in theresale of an original work of art and the situation in this regard in the United Kingdom and in Japan.

ARTICLE 14.16
Collective management
1.

The Parties recognise the importance of fostering cooperation between their respective

collective management organisations for the purposes of facilitating licensing of content between
such collective management organisations, as well as encouraging1 transfer of royalties for use ofworks or other copyright-protected subject matters of the nationals of the other Party.
2.

Each Party shall ensure that its collective management organisations are encouraged to:(a)operate to collect and distribute revenues to the right holders they represent in a manner that isfair, efficient, transparent and accountable; and1

For greater certainty, "encouraging" does not require a Party to intercede in any contractual
arrangements between collective management organisations.
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(b)adopt open and transparent record keeping of the collection and distribution of revenues.

3.

The Parties endeavour to facilitate non-discriminating treatment by collective management

organisations of right holders they represent either directly or via another collective management
organisation.

ARTICLE 14.17
Protection of existing subject matter
1.

Each Party shall apply Article 18 of the Berne Convention and paragraph 6 of Article 14 of

the TRIPS Agreement, mutatis mutandis, to works, performances and phonograms, and the rights inand protections afforded to those subject matters as required by this Sub-Section.
2.

A Party shall not be required to restore protection to subject matter that, on the date of entry

into force of this Agreement, has fallen into the public domain in its territory.

ARTICLE 14.18
Technological protection measures
Each Party shall provide adequate legal protection and effective legal remedies against thecircumvention of effective technological measures that are used by authors, performers or producersof phonograms in connection with the exercise of their rights under the laws and regulations of theParty and that restrict acts, in respect of their works, performances or phonograms, which are notauthorised by the authors, performers or producers of phonograms concerned or permitted by thelaws and regulations of the Party.

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ARTICLE 14.19
Rights management information
1.

Each Party shall provide adequate and effective legal remedies against any person knowingly

performing any of the following acts knowing, or with respect to civil remedies having reasonablegrounds to know, that it will induce, enable, facilitate or conceal an infringement of copyright andrelated rights:(a)to remove or alter any electronic rights management information without authority; and(b)to distribute, import for distribution, broadcast, communicate or make available to the public,
without authority, works, copies of works, performances, copies of fixed performances orphonograms knowing that electronic rights management information has been removed oraltered without authority.

2.

The term "rights management information" means information which identifies a work,

performance or phonogram; the author of the work, the performer of the performance or the
producer of the phonogram; the owner of any right in the work, performance or phonogram; orinformation about the terms and conditions of the use of the work, performance or phonogram; andany numbers or codes that represent such information, when any of these items of information is
attached to a copy of a work, a fixed performance or a phonogram or appears in connection with thecommunication or making available of a work, a fixed performance or a phonogram to the public.

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SUB-SECTION 2
Trademarks

ARTICLE 14.20
Rights conferred by a trademark
Each Party shall ensure that the owner of a registered trademark has the exclusive right to prevent
all third parties not having the owner's consent from using1 in the course of trade identical or similarsigns for goods or services which are identical or similar to those in respect of which the trademark
is registered, where such use would result in a likelihood of confusion. In the case of the use of an
identical sign for identical goods or services, a likelihood of confusion shall be presumed. The
rights described above shall not prejudice any existing prior rights nor shall they affect thepossibility of a Party to make rights available on the basis of use.

ARTICLE 14.21
Exceptions
Each Party shall provide for limited exceptions to the rights conferred by a trademark such as thefair use of descriptive terms2 and may provide for other limited exceptions, provided that those
exceptions take account of the legitimate interest of the owner of the trademark and of third parties.

1
2

For the purposes of this Article, "using" such sign includes, at least, importing and exporting
goods or packages of goods to which the sign is affixed.
The fair use of descriptive terms includes the use of a sign to indicate the geographic origin of
the goods or services in accordance with honest practices in industrial or commercial matters.
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ARTICLE 14.22
Preparatory acts deemed as infringement
With regard to labels and packaging, each Party shall provide that at least each of the following
preparatory acts are deemed as an infringement of a registered trademark if the act has been
performed without the consent of the registered trademark owner:(a)the manufacture;(b)

the importation; and(c)the presentation1of labels or packaging bearing2 a sign which is identical or similar to the registered trademark, forthe purpose of using such sign or causing it to be used in the course of trade for goods or services
which are identical or similar to those in respect of which the trademark is registered.

ARTICLE 14.23
Well-known trademarks
1.

For the purpose of giving effect to the protection of well-known trademarks, as referred to in

Article 6bis of the Paris Convention and paragraphs 2 and 3 of Article 16 of the TRIPS Agreement,
the Parties affirm the importance of the Joint Recommendation Concerning Provisions on theProtection of Well-Known Marks adopted by the Assembly of the Paris Union for the Protection ofIndustrial Property and the General Assembly of the WIPO at the Thirty-Fourth Series of Meetingsof the Assemblies of the Member States of the WIPO in 1999.

1
2

For the purposes of this Article, the United Kingdom considers "presentation" as offering or
putting on the market and Japan considers "presentation" as assignment.
For the purposes of this Article, for Japan, "bearing" means indicating.
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2.

Neither Party shall require as a condition for determining that a trademark is well-known thatthe trademark has been registered in the Party or in another country, included on a list of wellknown trademarks, or given prior recognition as a well-known trademark.

ARTICLE 14.24
Bad faith trademarks
Each Party shall provide that its competent authority has the authority to refuse an application orcancel a registration where the application to register the trademark was made in bad faith, in
accordance with its laws and regulations.1 2

ARTICLE 14.25
Registration and renewal processes
To maintain a streamlined trademark registration system that can adapt to technological advances,
the Parties recognise the importance of maintaining best practice for the efficient registration andrenewal processes for trademarks.

1

2

For the purposes of this Article, a Party may provide that the competent authority of a Party
may take into consideration whether the trademark is identical or similar to a well-known
trademark of another person.
The Parties understand that an application to register a trademark, which is identical or similar
to a trademark well-known in either Party or in a third country as indicating the goods orservices of another person, may be considered as an application made in bad faith asdetermined in accordance with the applicable laws and regulations of each Party.
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SUB-SECTION 3
Geographical indications

ARTICLE 14.26
Scope
1.

This Sub-Section applies to the recognition and protection of geographical indications forwines, spirits and other alcoholic beverages1 as well as agricultural products2 which originate in theParties.
2.

For the purposes of this Chapter, "geographical indications" means indications which identify

a good as originating in the territory of a Party, or a region or locality in that Party's territory, wherea given quality, reputation or other characteristic of the good is essentially attributable to its
geographical origin.
3.

Geographical indications of a Party listed in Annex 14-B shall be protected by the other Party

under this Agreement if they fall within the types of goods that the other Party protects inaccordance with its laws and regulations as listed in Annex 14-A.

1

2

For the purposes of this Sub-Section, with respect to the protection of geographicalindications in Japan, "alcoholic beverages" means beverages containing one per cent of
alcohol or more.
For the purposes of this Sub-Section, with respect to the protection of geographicalindications in Japan, "agricultural products" means agricultural, forestry and fishery products
as well as foodstuffs excluding alcoholic beverages.
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ARTICLE 14.27
System of protection of geographical indications
1.

Each Party shall establish or maintain a system for the registration1 and protection ofgeographical indications in its territory.
2.

The system referred to in paragraph 1 shall contain at least the following elements:(a)an official means to make available to the public the list of registered geographicalindications;(b)an administrative process to verify that a geographical indication to be registered as referred
to in subparagraph (a) identifies a good as originating in the territory of a Party, or a region or
locality in that Party's territory, where a given quality, reputation or other characteristic of thegood is essentially attributable to its geographical origin;(c)an opposition procedure that allows the legitimate interests of third parties to be taken into
account; and(d)a procedure for the cancellation2 of the protection of a geographical indication, taking into
account the legitimate interests of third parties and the users of the registered geographicalindications in question.3

1

2

3

For the purposes of this Sub-Section, with respect to the protection of geographicalindications in Japan, "registration" and "register" respectively may be deemed to besynonymous with "designation" or "confirmation of protection" and "designate" or "confirm
protection" under its relevant laws and regulations.
For the purposes of this Sub-Section, with respect to the protection of geographicalindications in Japan, "cancellation" may be deemed to be synonymous with "exemption fromprotection" under its relevant laws and regulations.
Without prejudice to its laws and regulations on the system referred to in paragraph 1, eachParty shall provide for legal means for the invalidation of the registration of geographicalindications.
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ARTICLE 14.28
Lists of geographical indications
1.

Following the completion of an opposition procedure and an examination of the geographicalindications of the United Kingdom listed in Section A of Part 1 and Section A of Part 2 ofAnnex 14-B, Japan shall recognise that those indications are geographical indications within themeaning of paragraph 1 of Article 22 of the TRIPS Agreement and that they have been registeredby the United Kingdom under the system referred to in Article 14.27. Japan shall protect thosegeographical indications in accordance with this Sub-Section.
2.

Following the completion of an opposition procedure and an examination of the geographicalindications of Japan listed in Section B of Part 1 and Section B of Part 2 of Annex 14-B, the United
Kingdom shall recognise that those indications are geographical indications within the meaning ofparagraph 1 of Article 22 of the TRIPS Agreement and that they have been registered by Japan
under the system referred to in Article 14.27. The United Kingdom shall protect those geographicalindications in accordance with this Sub-Section.

ARTICLE 14.29
Scope of protection of geographical indications
1.

Subject to Article 14.33 each Party shall, in respect of geographical indications of the otherParty listed in Annex 14-B, provide the legal means for interested parties to prevent in its territory:1

1

For the purposes of this paragraph, and notwithstanding Sub-Section 2 of Section C, eachParty may provide for enforcement by administrative action.
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(a)the use of a geographical indication identifying a good for a like good1 not meeting theapplicable requirement of specifications of the geographical indication even if:(i)the true origin of the good is indicated;(ii)

the geographical indication is used2 in translation or transliteration3; or(iii) the geographical indication is accompanied by expressions such as "kind", "type","style", "imitation", or the like;(b)

the use of any means in the designation or presentation of a good that indicates or suggeststhat the good in question originates in a geographical area other than the true place of origin ina manner which misleads the public as to the geographical origin or nature of the good; and(c)any other use which constitutes an act of unfair competition within the meaning of
Article 10bis of the Paris Convention.

2.

Each Party may determine the practical conditions under which the homonymous

geographical indications will be differentiated from each other in its territory, taking into accountthe need to ensure equitable treatment of the producers concerned and that consumers are notmisled.

1

2

3

For the purposes of this paragraph, paragraph 4 of Article 14.31 and paragraphs 1 and 2 ofArticle 14.33, "like good", in relation to a good for which a geographical indication has beenprotected in a Party's system as referred to in paragraph 2 of Article 14.27, means a good thatwould fall within the same category of good as the good for which a geographical indication
has been registered in that Party.
For greater certainty, it is understood that this is assessed on a case-by-case basis. This
provision does not apply where evidence is provided that there is no link between theprotected name and the translated or transliterated term.
For the purposes of this Sub-Section, transliteration covers the conversion of characters
following the phonetics of the original language or languages of the relevant geographicalindication.
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3.

If a Party intends to protect, pursuant to an international agreement, a geographical indicationof a third country which is homonymous with a geographical indication of the other Party which isprotected under this Agreement, the former Party shall inform no later than on the date of the
publication for opposition, the other Party of the opportunity to comment, provided that suchopposition procedure for the relevant geographical indication of the third country to be protected
commences after the date of entry into force of this Agreement.
4.

In the opposition procedure and examination referred to in Article 14.28, each Party may

consider the following grounds on which that Party shall not be required to protect a name as ageographical indication in Annex 14-B:(a)that name conflicts with the name of a plant variety or an animal breed and as a result is likely
to mislead the consumer as to the true origin of the good; and(b)that name is the term customary in common language as the common name for the goodconcerned.

ARTICLE 14.30
Scope of the use of geographical indications
1.

Any person may use any geographical indication protected under this Sub-Section provided

that such use is related to the goods as identified by that geographical indication and in compliancewith the scope of protection under this Agreement.
2.

Once a geographical indication of a Party is protected under this Agreement in the otherParty, the legitimate use of such protected name shall not be subject to any user registration or
further charges in the other Party.

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ARTICLE 14.31
Relationship with trademarks
1.

If a geographical indication is protected under this Sub-Section, each Party shall refuse toregister a trademark the use of which would be likely to mislead as to the quality of the good,
provided that an application to register the trademark is submitted after the applicable date forprotection of the geographical indication in the territory concerned1 as referred to inparagraphs 2 and 3. Trademarks registered in breach of this paragraph shall be invalidated.
2.

For geographical indications referred to in Article 14.28 and listed in Annex 14-B on the dateof entry into force of this Agreement, the applicable date for protection shall be the date of entry
into force of this Agreement.
3.

For geographical indications referred to in Article 14.34 and not listed in Annex 14-B on thedate of entry into force of this Agreement, the applicable date for protection shall be the date on
which the amendment to Annex 14-B enters into force.
4.

The Parties acknowledge that the existence of a prior conflicting trademark in a Party would

not completely preclude the protection under this Agreement of a subsequent geographicalindication for like goods in that Party.2
5.

If a trademark has been applied for or registered in good faith, or if rights to a trademark havebeen acquired through use in good faith, in a Party, before a geographical indication is protectedunder this Agreement in that Party, measures adopted to implement this Sub-Section shall notprejudice the eligibility for or the validity of the registration of the trademark, or the right to use thetrademark, on the basis that such a trademark is identical with, or similar to, the geographicalindication.

1

2

For the purposes of paragraph 1, the examination of the trademark application which is filed
in a Party after 1 February 2019 or the date of publication for opposition of a geographicalindication referred to in Article 14.28, whichever is later, shall take into account the
publication for opposition of the geographical indication.
The competent authorities may require certain conditions for the protection of a geographicalindication which conflicts with a prior existing trademark.
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ARTICLE 14.32
Enforcement of protection
Each Party shall authorise its competent authorities to take appropriate measures ex officio or onrequest of an interested party in accordance with its laws and regulations to protect geographicalindications listed in Annex 14-B.

ARTICLE 14.33
Exceptions
1.

Notwithstanding paragraph 1 of Article 14.29, a Party shall prevent the continuation of a prior

use in its territory, in connection with goods or services, of a particular geographical indication of
the other Party listed in Annex 14-B, identifying an agricultural product for a like good, after atransitional period of a maximum of seven years from the date of the protection by the former Partyof the said geographical indication. Goods produced in the former Party and concerned by such uses
shall bear clear and visible indication of the true geographical origin.
2.

Notwithstanding paragraph 1 of Article 14.29, except when paragraph 4 of Article 24 of the

TRIPS Agreement is applicable, a Party shall prevent the continuation of a prior use in its territory,
in connection with goods or services, of a particular geographical indication of the other Party listed
in Annex 14-B, identifying wine, spirit or other alcoholic beverage for a like good, after atransitional period of a maximum of five years from the date of the protection by the former Partyof the said geographical indication1. Goods produced in the former Party and concerned by suchuses shall bear clear and visible indication of the true geographical origin.

1

Notwithstanding this paragraph, for geographical indications listed in Annex 14-B as of thedate of entry into force of this Agreement identifying wine, spirits or other alcoholic
beverages, the transitional period shall be a maximum of three years from the date of entry
into force of this Agreement.
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3.

Each Party may determine the practical conditions under which such use referred to inparagraphs 1 and 2 will be differentiated from the geographical indication in its territory, taking into
account the need to ensure that consumers are not misled.
4.

The transitional period referred to in paragraph 1 shall not apply if the use of the geographicalindication for the good concerned which is produced in the territory of the other Party as referred toin paragraph 1 does not comply with the relevant laws and regulations as listed in Annex 14-A
applicable in the territory of that Party.
5.

Nothing in this Sub-Section shall 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 the public.

ARTICLE 14.34
Amendment of the lists of geographical indications
1.

The Parties agree on the possibility to amend the lists of geographical indications in

Annex 14-B in accordance with paragraphs 3 and 4 of Article 14.61 after having completed the
opposition procedure and after having examined the geographical indications as referred to in
Article 14.28 to the satisfaction of both Parties.
2.

Paragraph 4 of Article 14.29 applies as regards the addition of a name to be protected as ageographical indication in Annex 14-B.
3.

Nothing in this Sub-Section shall oblige a Party to protect a geographical indication of theother Party which is not or ceases to be protected in accordance with the laws and regulations of theother Party. Each Party shall notify the other Party if a geographical indication ceases to beprotected in the territory of the Party of origin.
4.

On request of a Party, the Parties shall hold consultations for the amendment of Annex 14-B

as regards any matter affecting the continuation of the protection of the geographical indications
listed in that Annex with a view to reaching a mutually acceptable solution.
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5.

The Parties shall, as soon as practically possible after the entry into force of this Agreement,

enter into consultations with a view to adding to the lists of geographical indications in Annex 14B, existing geographical indications identifying a good as originating in the territory of a Party andprotected in such territory in accordance with its laws and regulations, which are not yet listed inthat Annex. Each Party shall provide to the other Party the list of geographical indications it seeks
to add to Annex 14-B for protection in the territory of the other Party, as well as their specifications,and the transcriptions into Japanese (for geographical indications of the United Kingdom) or theLatin alphabet (for geographical indications of Japan) for both the geographical indications andtheir specifications. As soon as practically possible after receipt of such information and inaccordance with its laws and regulations, each Party shall conduct an examination and opposition
procedure for those geographical indications. As soon as practically possible after the completion of
the examination and opposition procedure, the Committee on Intellectual Property shall makerecommendations to the Joint Committee on amendments to Annex 14-B to add the names that are
eligible for protection as geographical indications, in accordance with paragraph 3 of Article 14.61.

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SUB-SECTION 4
Industrial designs1

ARTICLE 14.35
Industrial designs
1.

Each Party shall provide for the protection of independently created industrial designs that are

new and original2, including designs of a part of a product3, regardless of whether or not the partcan be separated from the product. This protection shall be provided by registration and shall confer
an exclusive right upon their holders in accordance with the provisions of this Article.
2.

A design applied to or incorporated in a product which constitutes a component part of acomplex product shall be considered to be new and original in the following circumstances4:(a)if the component part, once it has been incorporated into the complex product, remains visible
during normal use5 of the latter; and(b)to the extent that those visible features of the component part fulfil in themselves therequirements as to novelty and originality.

1
2
3
4

5

For the purposes of this Sub-Section, for the United Kingdom, "industrial designs" refers toregistered designs.
For the purposes of this Article, a Party may consider, in accordance with its laws andregulations, that a design "having individual character" is original.
For the purposes of this paragraph and paragraph 2, for Japan, "product" shall be interpreted
as "article".
As an alternative to the circumstances provided for in subparagraphs (a) and (b), a Party may
consider a design applied to or incorporated in a product which constitutes a component partof a complex product to be new and original in circumstances in accordance with its laws andregulations.
For the purposes of this paragraph, "normal use" shall mean use by the end user, excluding
maintenance, servicing or repair work.
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3.

Each Party may provide limited exceptions to the protection of industrial designs in a mannerconsistent with paragraph 2 of Article 26 of the TRIPS Agreement.
4.

The provisions of this Article shall be without prejudice to any provisions of this Chapter orof the laws and regulations of each Party relating to other intellectual property including
unregistered appearances of products, copyright, trademarks or other distinctive signs and patents.
5.

Each Party shall ensure that an owner of a protected industrial design has at least the right toprevent third parties not having the owner's consent from making, offering for sale, selling,
importing or exporting articles bearing or embodying a design which is identical or similar to theprotected design, when such act is undertaken for commercial purposes.
6.

Each Party shall provide that an applicant for an industrial design registration may request thecompetent authority to maintain the design unpublished for a period designated by the applicant notexceeding the period provided for in its laws and regulations.
7.

Each Party shall ensure that the total term of protection available for industrial designs does

not end before the expiration of a period of 25 years from the date on which the application wasmade or is treated as having been made.

ARTICLE 14.36
Multiple design applications1
Each Party shall provide a system for the registration of industrial designs which allows for two or
more designs to be registered through the filing of one application.

1

The Parties understand that Japan shall implement the obligations referred to in this Article
only after the relevant laws and regulations of Japan have come into force and, in any event,within six months of the date of entry into force of this Agreement.
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SUB-SECTION 5
Unregistered appearance of products

ARTICLE 14.37
Unregistered appearance of products
1.

The Parties recognise that the appearance of products may be protected through industrial

designs, copyright or unfair competition prevention legislation.
2.

Each Party shall provide legal means to prevent the use of the unregistered appearance of a

product, if such use results from copying the unregistered appearance of the product to the extent
provided by its laws and regulations. Such use shall at least cover offering for sale, putting on themarket, importing or exporting the product.1
3.

The duration of protection available for the unregistered appearance of a product shall amountto at least three years according to the respective laws and regulations of the Parties.

1

For the purposes of this Article, "copying", "appearances", "offering", and "putting on themarket" may be deemed by a Party to be synonymous with "imitating", "configuration","displaying" and "selling", respectively.
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SUB-SECTION 6
Patents

ARTICLE 14.38
Patents
1.

Each Party shall ensure that a patent confers on its owner exclusive rights:(a)where the subject matter of a patent is a product, to prevent third parties not having theowner's consent from making, using, offering for sale, selling, importing for these purposes orexporting1 that product; and(b)where the subject matter of a patent is a process, to prevent third parties not having theowner's consent from using the process, and from using, offering for sale, selling, importingfor these purposes or exporting at least the product obtained directly by that process.

2.

Each Party may provide limited exceptions to the exclusive rights conferred by a patent,

provided that such exceptions do not unreasonably conflict with a normal exploitation of the patentand do not unreasonably prejudice the legitimate interests of the patent owner, taking account of thelegitimate interests of third parties.
3.

The Parties recognise the importance of providing a unitary patent protection system

including a unitary judicial system in their respective territories.
4.

The Parties shall continue to cooperate to enhance international substantive patent law

harmonisation, inter alia on grace period, prior user rights and publication of pending patentapplications.

1

For the purposes of this paragraph, a Party may interpret "exporting" to fall within the scopeof "offering for sale" and fulfil its obligation relating to "exporting" by complying with its
obligation relating to "offering for sale".
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5.

The Parties shall give due consideration to the cooperation for enhancing mutual utilisation of

search and examination results, such as that based upon the Patent Cooperation Treaty and anyother utilisation1, so as to allow applicants to obtain patents in an efficient and expeditious manner,without prejudice to their respective substantive patent examination.

ARTICLE 14.39
Patents and public health
1.

The Parties recognise the importance of the Doha Declaration on the TRIPS Agreement andPublic Health, adopted at Doha on 14 November 2001 by the WTO Ministerial Conference. In
interpreting and implementing the rights and obligations under this Chapter, the Parties shall ensure
consistency with that Declaration.
2.

Each Party shall respect Article 31bis of the TRIPS Agreement, as well as the Annex andAppendix to the Annex related thereto, which entered into force on 23 January 2017.

1

Such utilisation may include that based upon the Patent Prosecution Highway.
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ARTICLE 14.40
Extension of the period of protection conferred by a patent on pharmaceutical products1
and agricultural chemical products2
With respect to the patents which are granted for inventions related to pharmaceutical products oragricultural chemical products, each Party shall, subject to the terms and conditions of its applicablelaws and regulations, provide for a compensatory term of protection for a period during which apatented invention cannot be worked due to marketing approval process. As of the date of signingof this Agreement, the maximum compensatory term is stipulated as being five years3 by therelevant laws and regulations of each Party.

SUB-SECTION 7
Trade secrets and undisclosed test or other data

ARTICLE 14.41
Scope of protection of trade secrets
1.

Each Party shall ensure in its laws and regulations adequate and effective protection of trade

secrets in accordance with paragraph 2 of Article 39 of the TRIPS Agreement.

1

2

3

For the United Kingdom, "pharmaceutical products" refers in this Article to medicinal
products as defined in Regulation (EC) No 469/2009 of the European Parliament and of theCouncil of 6 May 2009 concerning the supplementary protection certificate for medicinal
products.
For the United Kingdom, "agricultural chemical products" refers in this Article to plant
protection products as defined in Regulation (EC) No 1610/96 of the European Parliamentand of the Council of 23 July 1996 concerning the creation of a supplementary protection
certificate for plant protection products.
For the United Kingdom, a further six months extension is possible in the case of medicinal
products for which paediatric studies have been carried out, and the results of those studies
are reflected in the product information.
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2.

For the purposes of this Article and Sub-Section 3 of Section C:(a)"trade secret" means information that:(i)is secret in the sense that it is not, as a body or in the precise configuration and assemblyof its components, generally known among or readily accessible to persons within thecircles that normally deal with the kind of information in question;(ii)

has commercial value because it is secret; and(iii) has been subject to reasonable steps under the circumstances, by the person lawfully incontrol of the information, to keep it secret; and(b)"trade secret holder" means any person lawfully in control of a trade secret.

3.

For the purposes of this Article and Sub-Section 3 of Section C, each Party shall provide, in

accordance with its laws and regulations, that at least the following conduct shall be considered
contrary to honest commercial practices:(a)the acquisition of a trade secret without the consent of the trade secret holder, whenevercarried out by wrongful means, or, alternatively, unauthorised access to, appropriation of, or
copying of any documents, objects, materials, substances or electronic files, lawfully under
the control of the trade secret holder, containing the trade secret or from which the trade secretcan be deduced;(b)

the use or disclosure of a trade secret whenever carried out, without the consent of the trade
secret holder, by a person who is found to meet any of the following conditions:(i)having acquired the trade secret in a manner referred to in subparagraph (a);(ii)

being in breach of a confidentiality agreement or any other duty not to disclose the trade
secret, with an intention to gain unfair profit or to cause damage to the trade secretholder; or293- 293 -

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(iii) being in breach of a contractual or any other duty to limit the use of the trade secret,with an intention to gain unfair profit or to cause damage to the trade secret holder; and(c)the acquisition, use or disclosure of a trade secret whenever carried out by a person who, at
the time of the acquisition, use or disclosure, knew or ought, under the circumstances, to have
known1 that the trade secret had been obtained directly or indirectly from another person who
was disclosing the trade secret in a manner referred to in subparagraph (b), including when aperson induced another person to carry out the actions referred to in subparagraph (b).

4.

Nothing in this Sub-Section shall require a Party to consider any of the following conduct ascontrary to honest commercial practices or subject those conducts to the measures, procedures, andremedies referred to in Sub-Section 3 of Section C:(a)independent discovery or creation by a person of the relevant information;(b)reverse engineering of a product by a person who is lawfully in possession of it and who is
free from any legally valid duty to limit the acquisition of the relevant information;(c)acquisition, use or disclosure of information required or allowed by its relevant laws andregulations;(d)use by employees of their experience and skills honestly acquired in the normal course of
their employment; or(e)disclosure of information in the exercise of the right to freedom of expression andinformation.

1

For the purposes of this Article, a Party may interpret "ought to have known" as "was grossly
negligent in failing to know".
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ARTICLE 14.42
Treatment of test data in marketing approval procedure
1.

Each Party shall, in accordance with its relevant laws and regulations, prevent applicants formarketing approval for pharmaceutical products1 which utilise new active pharmaceuticalingredients from relying on or referring to undisclosed test or other data submitted to its competentauthority by the first applicant for a certain period of time counted from the date of approval of thatapplication. As of the date of entry into force of this Agreement, such period of time is stipulated as
being no less than six years by the relevant laws and regulations of each Party.
2.

If a Party requires as a condition for approving the marketing of agricultural chemical

products2 which utilise new chemical entities, the submission of undisclosed test or other data, theorigination of which involves a considerable effort, that Party shall ensure that, in accordance with
its relevant laws and regulations, applicants for marketing approval are either:(a)prevented from relying on or referring to such data submitted to its competent authority by the
first applicant for a period of at least 10 years counted from the date of approval of thatapplication; or(b)generally required to submit a full set of test data, even in cases where there was a priorapplication for the same product, for a period of at least 10 years, counted from the date of
approval of a prior application.

1

2

For the United Kingdom, "pharmaceutical products" refers in this Article to medicinal
products as defined in Regulation (EC) No 469/2009 of the European Parliament and of theCouncil of 6 May 2009 concerning the supplementary protection certificate for medicinal
products.
For the United Kingdom, "agricultural chemical products" refers in this Article to plant
protection products as defined in Regulation (EC) No 1610/96 of the European Parliamentand of the Council of 23 July 1996 concerning the creation of a supplementary protection
certificate for plant protection products.
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SUB-SECTION 8
New varieties of plants

ARTICLE 14.43
New varieties of plants
Each Party shall provide for the protection of new varieties of all plant genera and species inaccordance with its rights and obligations under the 1991 UPOV Convention.

SUB-SECTION 9
Unfair competition

ARTICLE 14.44
Unfair competition
1.

Each Party shall provide for effective protection against acts of unfair competition inaccordance with the Paris Convention1.

1

For greater certainty, it is understood by the Parties that Article 10bis of the Paris Convention
covers acts of unfair competition in relation to the supply of services in accordance with theirrespective laws and regulations.
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2.

In connection with the respective systems of the United Kingdom and Japan for the

management of their country-code top-level domain (ccTLD) domain names1, appropriate
remedies2 shall be available, in accordance with their respective laws and regulations, at least incases in which a person registers or holds, with a bad faith intent to profit, a domain name that is
identical or confusingly similar to a trademark.
3.

Each Party shall provide for effective protection against unauthorised use of trademarks

through the implementation of paragraph (2) of Article 6septies of the Paris Convention.

1
2

For greater certainty, for the United Kingdom, this paragraph applies only to ".uk" domainnames.
The Parties understand that such remedies may include, among other things, revocation,
cancellation and transfer of the registered domain name, injunctive relief against the personthat registered or holds the registered domain name and against the domain name registry, or
damages against the person that registered or holds the domain name.
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SECTION C
Enforcement

SUB-SECTION 1
General provisions

ARTICLE 14.45
Enforcement – general
1.

The Parties affirm their commitments under the TRIPS Agreement and in particular Part III

thereof. Each Party shall provide for the following complementary measures, procedures andremedies1 necessary to ensure the enforcement of intellectual property rights. The measures,procedures and remedies shall be fair and equitable, and shall not be unnecessarily complicated or
costly, or entail unreasonable time-limits or unwarranted delays.
2.

The measures, procedures and remedies referred to in paragraph 1 shall be effective,

proportionate and dissuasive2 and shall be applied in such a manner as to avoid the creation of
barriers to legitimate trade and to provide for safeguards against their abuse.
3.

Each Party shall make all reasonable efforts to:(a)encourage the establishment of public or private advisory groups to address issues of at least
counterfeiting and piracy; and12

Without prejudice to the civil and administrative measures, procedures and remedies laid
down in this Chapter, a Party may provide for other appropriate sanctions in cases whereintellectual property rights have been infringed.
For the purposes of this Article, "dissuasive" may be deemed by a Party to be synonymouswith "deterrent" under Article 41 of the TRIPS Agreement.
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(b)ensure internal coordination among, and facilitate joint actions by, its competent authorities
concerned with enforcement of intellectual property rights, subject to their available
resources.

ARTICLE 14.46
Entitled applicants
Each Party shall recognise as persons entitled to seek application of the measures, procedures andremedies referred to in this Section:(a)the holders of intellectual property rights in accordance with its laws and regulations;(b)the trade secret holders referred to in Article 14.41; and(c)all other persons and entities, as far as permitted by and in accordance with its laws andregulations.

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SUB-SECTION 2
Enforcement – civil remedies1 2

ARTICLE 14.47
Measures for preserving evidence
1.

The judicial authorities of each Party shall have the authority to order prompt and effective

provisional measures to preserve relevant evidence in regard to the alleged infringement, in
accordance with procedures which ensure the protection of confidential information as appropriate.
2.

The judicial authorities of each Party shall have the authority to adopt provisional measuresinaudita altera parte where appropriate, in particular if any delay is likely to cause irreparable harmto the right holder or if there is a demonstrable risk of evidence being destroyed.
3.

In cases of intellectual property rights infringements, each Party shall provide that in civil

judicial proceedings its judicial authorities have the authority to order the seizure or other taking
into custody of suspect goods, materials and implements relevant to the act of infringement and of
documentary evidence, either originals or copies thereof, relevant to the act of infringement.

12This Sub-Section applies for intellectual property rights described in Sub-Sections 1 to 9 ofSection B, excluding Sub-Section 7.
For Japan, civil enforcement for geographical indications will be provided within the scope of
Article 10bis of the Paris Convention and Article 22 of the TRIPS Agreement.
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ARTICLE 14.48
Right of information
Without prejudice to its law governing privilege, the protection of confidentiality of information
sources or the processing of personal data, each Party shall provide that in civil judicial proceedings
concerning the enforcement of intellectual property rights, its judicial authorities have the authority,
upon a justified request of the right holder, to order the infringer or the alleged infringer to provide
the right holder or the judicial authorities, at least for the purpose of collecting evidence with
relevant information as provided for in its applicable laws and regulations that the infringer or
alleged infringer possesses or controls. Such information may include information regarding any
person involved in any aspect of the infringement or alleged infringement and regarding the meansof production or the channels of distribution of the infringing or allegedly infringing goods orservices, including the identification of third persons allegedly involved in the production anddistribution of such goods or services and of their channels of distribution.

ARTICLE 14.49
Provisional and precautionary measures
1.

Each Party shall ensure that its judicial authorities may, on request of the applicant, issue

against the alleged infringer an interlocutory injunction intended to prevent any imminent
infringement of an intellectual property right, or to forbid, on a provisional basis and subject, whereappropriate, to a recurring penalty payment where provided for by its laws and regulations, thecontinuation of the alleged infringements of that right, or to make such continuation subject to thelodging of guarantees intended to ensure the compensation of the right holder. An interlocutory
injunction may also be issued, under the same conditions where appropriate, against a third party1
over whom the relevant judicial authority exercises jurisdiction and whose services are used toinfringe an intellectual property right.

1

For the purposes of this Article, a Party may provide that a "third party" includes anintermediary.
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2.

An interlocutory injunction may also be issued to order the seizure or delivery up of 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 alleged infringement committed on a commercial scale, each Party shallensure that if the applicant demonstrates circumstances likely to endanger the recovery of damages,
its judicial authorities may order the precautionary seizure of the movable and immovable propertyof the alleged infringer, including the blocking of the alleged infringer's bank accounts and otherassets.

ARTICLE 14.50
Corrective measures
1.

Each Party shall ensure that its judicial authorities may order, on request of the applicant andwithout prejudice to any damages due to the right holder by reason of the infringement, at least thedefinitive removal from the channels of commerce, or the destruction, except in exceptional
circumstances, of goods that they have found to be infringing an intellectual property right, withoutcompensation of any sort. If appropriate, the judicial authorities may also order the destruction ofmaterials and implements predominantly used in the creation or manufacture of those goods.
2.

The judicial authorities of each Party shall have the authority to order that those measures

shall be carried out at the expense of the infringer, unless particular reasons are invoked for notdoing so.

302
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ARTICLE 14.51
Injunctions
Each Party shall ensure that, if a judicial decision finds an infringement of an intellectual property
right, its judicial authorities may issue an injunction aimed at prohibiting the continuation of theinfringement against the infringer as well as, where appropriate, against a third party1 over whom
the relevant judicial authority exercises jurisdiction and whose services are used to infringe an
intellectual property right.

ARTICLE 14.52
Damages1.

Each Party shall provide that in civil judicial proceedings its judicial authorities have theauthority to order an infringer who, knowingly or with reasonable grounds to know, engaged in
activities infringing intellectual property rights to pay the right holder damages adequate tocompensate for the injury the right holder has suffered as a result of the infringement.
2.

In determining the amount of damages for infringements of intellectual property rights, thejudicial authorities of each Party may consider, inter alia, any legitimate measure of value that may
be submitted by the right holder, which may include lost profits.
3.

A Party may provide in its laws and regulations presumptions2 for determining the amount ofdamages referred to in paragraph 1.
1
2

For the purposes of this Article, a Party may provide that a "third party" includes anintermediary.
This may include a presumption that the amount of damage is:(a) at least the amount that the right holder would have been entitled to receive for the
exercise of his or her intellectual property rights, which may include reasonable royalty,
to compensate a right holder for the unauthorised use of his or her intellectual property;(b) the profits earned by the infringer from the act of infringement; or(c) the quantity of the goods infringing the right holder's intellectual property rights andactually transferred to third persons, multiplied by the amount of profit per unit of goods
which would have been sold by the right holder if there had not been the act of
infringement.
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ARTICLE 14.53
Costs
Each Party shall provide that its judicial authorities, where appropriate, have the authority to order,
at the conclusion of civil judicial proceedings concerning infringements of intellectual property
rights, that the prevailing party be awarded payment by the losing party of court costs or fees andappropriate attorney's fees, or any other expenses as provided for under its laws and regulations.

ARTICLE 14.54
Presumption of authorship or ownership1.

Each Party shall ensure that it is sufficient for the name of an author of a literary or artistic

work to appear on the work in the usual manner in order for that author to be regarded as such,
unless there is a proof to the contrary, and consequently to be entitled to institute infringement
proceedings.
2.

A Party may apply paragraph 1 mutatis mutandis to the holders of rights related to copyrightwith regard to their protected subject matter.

ARTICLE 14.55
Access to justice
The Parties recognise the importance of ensuring that right holders have access to justice and shallensure that they have in place an effective judicial system and alternative dispute resolution
mechanisms to allow right holders to enforce their rights without unwarranted delay and without
unreasonable costs.

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SUB-SECTION 3
Enforcement of protection against misappropriation of trade secrets

ARTICLE 14.56
Civil procedures and remedies
1.

Each Party shall provide for appropriate civil judicial procedures and remedies for a trade

secret holder to prevent, and obtain redress for, the acquisition, use or disclosure of a trade secretwhenever carried out in a manner contrary to honest commercial practices.
2.

Each Party shall provide, in accordance with its laws and regulations, that its judicial

authorities have the authority to order that the parties, their lawyers and other persons concerned in
the relevant civil judicial proceedings, are not permitted to use or disclose any trade secret or
alleged trade secret which the judicial authorities have identified as confidential1, in response to a
duly reasoned application by an interested party and of which these parties, lawyers and otherpersons have become aware as a result of their participation in such civil judicial proceedings.

1

For greater certainty, a Party may provide that its judicial authorities may identify a trade
secret as confidential through a protective order.
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3.

In the relevant civil judicial proceedings each Party shall provide that its judicial authorities

have at least the authority to:(a)order injunctive relief to prevent the acquisition, use or disclosure of the trade secret in amanner contrary to honest commercial practices;(b)order the person that knew or ought to have known1 that he, she or it was acquiring, using or
disclosing a trade secret in a manner contrary to honest commercial practices to pay the trade
secret holder damages appropriate to the actual prejudice suffered as a result of suchacquisition, use or disclosure of the trade secret;(c)take specific measures to preserve the confidentiality of any trade secret or alleged trade
secret produced in civil judicial proceedings relating to the alleged acquisition, use anddisclosure of a trade secret in a manner contrary to honest commercial practices. Such specificmeasures may include, in accordance with its laws and regulations, the possibility ofrestricting access to certain documents in whole or in part; of restricting access to hearings
and their corresponding records or transcript; and of making available a non-confidential
version of a judicial decision in which the passages containing trade secrets have been
removed or redacted; and(d)impose sanctions on the parties, their lawyers and other persons concerned in the civil judicial
proceedings for violation of judicial orders referred to in paragraph 2 concerning theprotection of a trade secret or alleged trade secret produced in those proceedings.

4.

A Party shall not be required to provide for the civil judicial procedures and remedies referred

to in paragraph 1 when conduct contrary to honest commercial practices is carried out, in
accordance with its relevant laws and regulations, to reveal misconduct, wrongdoing or illegal
activity or to protect a legitimate interest recognised by law.

1

For the purposes of this Article, a Party may interpret "ought to have known" as "was grossly
negligent in failing to know".
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SUB-SECTION 4
Enforcement – border measures

ARTICLE 14.57
Enforcement – border measures
1.

With respect to goods imported or exported1, each Party shall adopt or maintain procedures

under which a right holder may submit applications requesting its customs authority to suspend therelease of or detain goods suspected of infringing trademarks, copyright and related rights,
geographical indications2, patents, utility models, industrial designs, and plant variety rights(hereinafter referred to in this Article as "suspect goods") in its customs territory.
2.

Each Party shall have in place electronic systems for the management by its customs authorityof the applications referred to in paragraph 1 once they have been granted or recorded.
3.

The customs authority of each Party shall decide on granting or recording the applications

referred to in paragraph 1 within a reasonable period of time from the submission of theapplications.
4.

Each Party shall provide for the applications referred to in paragraph 1 to apply to multiple

shipments.

1

2

For the purposes of this Article, "goods imported or exported" means, for the United
Kingdom, goods under customs control, being brought into or taken out from its customs
territory or being there in temporary storage, placed under a customs procedure or reexported.
With respect to geographical indications, Japan may comply with the obligations set out inthis Article by providing for administrative measures to prevent the release into its domestic
market of suspect goods by its appropriate competent authorities, in accordance with its laws
and regulations.
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5.

With respect to goods imported or exported, the customs authority of each Party shall havethe authority to act upon its own initiative to suspend the release of or detain suspect goods in thecustoms territory of that Party.1
6.

Article 4.9 covers detection of suspect goods referred to in this Article.

7.

Without prejudice to its laws and regulations relating to the privacy or confidentiality of

information, a Party may authorise its customs authority to provide a right holder with information
about goods, including a description and the quantities thereof, and if known, the name and addressof the consignor, importer, exporter or consignee, and the country of origin of the goods, whose
release has been suspended, or which have been detained.
8.

A Party may adopt or maintain procedures by which its competent authorities may determine,

within a reasonable period after the initiation of the procedures described in paragraphs 1 and 5,
whether the suspect goods are infringing. In such case, the competent authorities shall have theauthority to order the destruction of goods following a determination that the goods are infringing.
A Party may have in place procedures allowing for the destruction of suspect goods without there
being any need for the formal determination on the infringement, where the persons concerned
agree or do not oppose to destruction.
9.

If a Party requests right holders to bear the costs actually incurred for the storage ordestruction of the goods whose release has been suspended, or which have been detained inaccordance with paragraphs 1 and 5, those costs shall correspond to the services rendered for the
storage or destruction of the goods.

1

For the purposes of this paragraph, Japan may provide for penalties to be applied in cases ofcustoms transit or transhipment of infringing goods. For such purposes,(a) "customs transit" means the customs procedure under which goods are transported
under customs control from one customs office to another; and(b) "transhipment" means the customs procedure under which goods are transferred undercustoms control from the importing means of transport to the exporting means oftransport within the area of one customs office which is the office of both importationand exportation.
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10.

There shall be no obligations to apply this Article to the import of goods put on the market inanother country by or with the consent of the right holder. A Party may exclude from theapplication of this Article small quantities of goods of a non-commercial nature contained intravellers' personal luggage.
11.

Consultations referred to in paragraph 4 of Article 4.3 shall also deal with the bordermeasures by the customs authority of each Party under this Article.
12.

The customs authorities of the Parties may cooperate on border measures against

infringements of intellectual property covered by this Sub-Section.
13.

Without prejudice to the responsibilities of the Committee on Intellectual Property referred toin Article 14.61, the Committee on Rules of Origin and Customs-Related Matters referred to in
Article 4.14 may consider the possibility of cooperation on the following:(a)exchanging general information regarding seizures of infringing goods or suspect goods; and(b)holding a dialogue on specific topics of common interest concerning:(i)

general information regarding the use of risk management systems in the detection ofsuspect goods; and(ii)

general information regarding risk analysis in the fight against infringing goods.

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SUB-SECTION 5
Enforcement – criminal remedies

ARTICLE 14.58
Criminal procedures and penalties
1.

Each Party shall provide for criminal procedures and penalties to be applied at least in casesof wilful trademark counterfeiting or copyright or related rights piracy on a commercial scale 1.
2.

Each Party shall treat wilful importation or exportation of counterfeit trademark goods or

pirated copyright goods carried out on a commercial scale as unlawful activities subject to criminal
penalties.2
3.

Each Party shall provide for criminal procedures and penalties to be applied in cases of wilful

importation3 and domestic use, in the course of trade and on a commercial scale, of a label orpackaging:4(a)to which a trademark has been applied without authorisation that is identical to, or cannot be
distinguished from, a trademark registered in its territory; and(b)that is intended to be used in the course of trade on goods that are identical to goods for whichthat trademark is registered.

1
2

3
4

For the purposes of this Sub-Section, acts carried out on a commercial scale include at least
those carried out as commercial activities for commercial advantage or financial gain.
The Parties understand that a Party may comply with its obligation under this paragraph byproviding that distribution or sale of counterfeit trademark goods or pirated copyright goods
carried out on a commercial scale is an unlawful activity subject to criminal penalties.
A Party may comply with its obligation relating to importation of labels or packaging throughits measures concerning distribution.
A Party may comply with its obligations under this paragraph by providing for criminal
procedures and penalties to be applied to attempts to commit a trademark offence.
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4.

Recognising the need to address the unauthorised copying1 of a cinematographic work from aperformance in a movie theatre that causes significant harm to a right holder in the market for thatwork, and recognising the need to deter such harm, each Party shall adopt or maintain measures,
which shall at a minimum include, but need not be limited to, appropriate criminal procedures andpenalties.
5.

With respect to the offences for which this Article requires a Party to provide for criminal

procedures and penalties, each Party shall ensure that criminal liability for aiding and abetting isavailable under its law.
6.

With respect to the offences described in paragraphs 1 to 5, each Party shall provide thefollowing:(a)

Its judicial or other competent authorities have the authority to order the seizure of suspected
counterfeit trademark goods or pirated copyright goods, any related materials and implements
used in the commission of the alleged offence, documentary evidence relevant to the alleged
offence and assets derived from, or obtained through the alleged infringing activity. If a Party
requires identification of items subject to seizure as a prerequisite for issuing a judicial orderreferred to in this subparagraph, that Party shall not require the items to be described ingreater detail than necessary to identify them for the purpose of seizure.

(b)

The judicial authorities of a Party have the authority in accordance with the laws andregulations of such Party to order the forfeiture of any assets derived from or obtained throughthe infringing activity.

(c)

The judicial authorities of a Party have the authority in accordance with the laws andregulations of such Party to order the forfeiture or destruction of:(i)1

all counterfeit trademark goods or pirated copyright goods;

For the purposes of this Article, a Party may treat the term "copying" as synonymous with"reproduction".
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(ii)materials and implements that have been predominantly used in the creation ofcounterfeit trademark goods or pirated copyright goods; and(iii) any other labels or packaging to which a counterfeit trademark has been applied and thathave been used in the commission of the offence.
In cases in which counterfeit trademark goods and pirated copyright goods are not destroyed,
the judicial or other competent authorities shall ensure that, except in exceptional
circumstances, those goods are disposed of outside the channels of commerce in such a manneras to avoid causing any harm to the right holder. Each Party shall further provide that forfeitureor destruction under this subparagraph shall occur without compensation of any kind to thedefendant.
(d)Its judicial or other competent authorities have the authority to release, or alternatively,
provide access to, goods, material, implements and other evidence held by the relevant
authority to a right holder for civil1 infringement proceedings.

7.

With respect to the offences described in paragraphs 1 to 5, a Party may provide that its

judicial authorities have the authority to order the seizure or forfeiture of assets, or alternatively, afine, the value of which corresponds to the assets derived from, or obtained directly or indirectly
through, the infringing activity.
8.

Each Party shall adopt such measures as may be necessary, consistent with its legal principles,to establish the liability, which may be criminal, of legal persons for the offences specified in this
Article for which the Party provides criminal procedures and penalties. Such liability shall be
without prejudice to the criminal liability of the natural persons who have committed the criminal
offences.

1

A Party may also provide this authority in connection with administrative infringement
proceedings.
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SUB-SECTION 6
Enforcement in the digital environment

ARTICLE 14.59
Enforcement in the digital environment
1.

The Parties shall ensure that enforcement procedures, to the extent set forth in Sub-Sections 2

and 5, are available under its law so as to permit effective action against an act of infringement ofintellectual property rights which takes place in the digital environment, including expeditious
remedies to prevent infringement and remedies which constitute a deterrent to further
infringements.
2.

Each Party shall take appropriate measures to limit the liability of, or remedies available

against, online service providers for intellectual property rights infringement by the users of their
online services or facilities, where the online service providers take action to prevent access to thematerials infringing intellectual property rights in accordance with the laws and regulations of theParty.
3.

Further to paragraph 1, each Party's enforcement procedures shall apply to the infringement of

copyright or related rights over digital networks, which may include the unlawful use of means ofwidespread distribution for infringing purposes, and to the infringement of trademarks, including
through electronic commerce platforms and social media. These procedures shall be implemented ina manner that avoids the creation of barriers to legitimate activity, including electronic commerce,
and, consistent with that Party's law, preserves fundamental principles such as freedom of
expression, fair process and privacy.
4.

Each Party shall endeavour to promote cooperative efforts within the business community toeffectively address trademark and copyright or related rights infringement while preserving
legitimate competition and, consistent with that Party's law, preserving fundamental principles suchas freedom of expression, fair process and privacy.

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5.

A Party may provide, in accordance with its laws and regulations, its competent authorities1

with the authority to order an online service provider to disclose expeditiously to a right holder
information sufficient to identify a subscriber whose account was allegedly used for infringement,
where that right holder has filed a legally sufficient claim of trademark or copyright or related rights
infringement, and where such information is being sought for the purpose of protecting or enforcing
those rights. These procedures shall be implemented in a manner that avoids the creation of barriers
to legitimate activity, including electronic commerce, and, consistent with that Party's law,preserves fundamental principles such as freedom of expression, fair process and privacy.
6.

The Parties shall, as appropriate, promote the adoption of measures to enhance publicawareness of the importance of respecting intellectual property rights and the detrimental effect ofintellectual property rights infringement. This may include cooperation with the business
community, civil society organisations and right holder representatives.

SECTION D
Cooperation and institutional arrangements

ARTICLE 14.60
Cooperation
1.

The Parties, recognising the growing importance of the protection of intellectual property infurther promoting trade and investment between them, shall cooperate on intellectual property,
including by exchange information on relations of a Party with third countries on mattersconcerning intellectual property, in accordance with their respective laws and regulations andsubject to their available resources.

1

For the purposes of this Article, "competent authorities" may include the appropriate judicial,administrative or law enforcement authorities under the laws and regulations of a Party.
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2.

For the purposes of paragraph 1, cooperation may include exchange of information, sharing ofexperiences and skills and any other form of cooperation or activities as may be agreed between theParties. Such cooperation may cover areas such as:(a)developments in domestic and international intellectual property policy;(b)

intellectual property administration and registration systems;(c)education and awareness relating to intellectual property;(d)intellectual property issues relevant to:(i)small and medium-sized enterprises;(ii)

science, technology and innovation activities; and(iii) the generation, transfer and dissemination of technology;(e)policies involving the use of intellectual property for research, innovation and economic
growth;(f)

the implementation of multilateral intellectual property agreements, such as those concluded
or administered under the auspices of the WIPO;(g)technical assistance for developing countries;(h)best practices, projects and programmes related to the fight against infringements ofintellectual property rights including measures in respect of websites registered outside theterritories of the Parties; and(i)exploration of the possibility for further work on common efforts against infringements ofintellectual property rights worldwide.

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3.

The Parties shall seek to cooperate with regard to activities for improving the international

intellectual property regulatory framework, including by encouraging further ratification of existing
international agreements and by fostering international harmonisation, administration andenforcement of intellectual property rights and on activities in international organisations including
the WTO and the WIPO.

ARTICLE 14.61
Committee on Intellectual Property
1.

The Committee on Intellectual Property established pursuant to Article 23.3 (hereinafterreferred to in this Article as "the Committee") shall be responsible for the effective implementationand operation of this Chapter.
2.

The Committee shall have the following functions:(a)reviewing and monitoring the implementation and operation of this Chapter;(b)

exchanging information on legislative and policy developments on geographical indications
and on any other matter of mutual interest in the area of geographical indications, including
any matter arising from applicable requirements of specifications of geographical indications
listed in Annex 14-B with respect to their protection under this Agreement;(c)discussing any issues related to intellectual property with a view to enhancing protection of
intellectual property and enforcement of intellectual property rights and to promoting efficientand transparent administration of intellectual property systems;(d)reporting its findings and the outcomes of its discussions to the Joint Committee; and(e)carrying out other functions as may be delegated by the Joint Committee pursuant to
subparagraph 5(b) of Article 23.1.

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3.

The Committee shall make recommendations to the Joint Committee on amendments toAnnex 14-A and Annex 14-B on request of a Party.
4.

Each Party shall examine any request of the other Party concerning the amendment ofAnnex 14-B, in accordance with Article 14.34.
5.

The Committee may invite representatives of relevant entities other than the Parties, includingfrom the private sector, with the necessary expertise relevant to the issues to be discussed.

ARTICLE 14.62
Security exceptions
For the purposes of this Chapter, Article 73 of the TRIPS Agreement is hereby incorporated intoand made part of this Agreement, mutatis mutandis.

ARTICLE 14.63
Dispute settlement
Article 14.60 shall not be subject to dispute settlement under Chapter 22.

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CHAPTER 15
CORPORATE GOVERNANCE

ARTICLE 15.1
Objectives
1.

The Parties acknowledge the importance of an effective corporate governance framework toachieve economic growth through well-functioning markets and sound financial systems based ontransparency, efficiency, trust and integrity.
2.

Each Party shall take appropriate measures to develop an effective corporate governanceframework within its territory, recognising that those measures will attract and encourage
investment by enhancing investor confidence and improving competitiveness, thus enabling best
advantage to be taken of the opportunities granted by its respective market access commitments.
3.

Without limiting the ability of each Party to develop its own legal, institutional and regulatory

framework in relation to the corporate governance of publicly listed companies, the Parties commit
to respect the principles and adhere to the provisions of this Chapter to the extent that they facilitate
access to each other's markets as provided for in this Agreement.
4.

The Parties shall cooperate on matters relating to the development of an effective corporate

governance framework which fall within the scope of this Chapter.

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ARTICLE 15.2
Definitions
For the purposes of this Chapter:(a)"board" means the governing body of a publicly listed company with a decision-making
authority on the oversight of the operations of the company, whose members (directors) areelected, normally by the shareholders of the company, to govern the company;(b)"corporate governance" means the set of relationships between a company's management, itsboard, its shareholders and other stakeholders; it also provides the structure through which acompany is managed and controlled, notably by determining how the objectives of thecompany are set and the means of attaining those objectives, as well as by monitoring
performance;(c)"corporate governance framework" of a Party means the principles and rules of a binding or
non-binding nature regarding the corporate governance of publicly listed companies, asapplicable according to the competences and legislation of that Party; and(d)"publicly listed company" means a legal person whose shares are listed or quoted for public
trading on a stock market or regulated market of a Party as defined in the legislation of that
Party.

ARTICLE 15.3
General principles
1.

The Parties recognise the importance of the role of the corporate governance framework inproviding timely and accurate disclosure on all material matters regarding publicly listed companies
within their respective jurisdictions, including the financial situation, performance, ownership andgovernance of those companies.

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2.

The Parties also recognise the importance of the role of the corporate governance framework

in providing appropriate accountability of the management and the board towards the shareholders,
responsible board decision-making based on an independent and objective standpoint, and equal
treatment of shareholders of the same class.
3.

For greater certainty, the provisions of the corporate governance framework of a Party

referred to in Articles 15.4 and 15.5 may be implemented either through legally binding
mechanisms or through non-binding means such as on a comply or explain basis.
4.

A Party may provide that some corporate governance principles or rules do not apply tocertain companies in cases justified by objective and non-discriminatory criteria such as early phaseof development or size of the company.

ARTICLE 15.4
Rights of shareholders and ownership functions
1.

The corporate governance framework of each Party shall include provisions aiming at

protecting and facilitating the effective exercise of shareholders' rights in publicly listed companies.
Those rights include, where applicable, participation and voting in the general meeting as well as
election and removal of members of the board in accordance with the corporate governancestructure of the company with a view to allowing shareholders to oversee board behaviour1 andparticipate in important decision-making of the company.
2.

The corporate governance framework of each Party shall include provisions aiming at

encouraging disclosure of information regarding the control of a company which can be valuable
and useful to investors. That information includes, for instance, the capital structure, with anindication of the different classes of shares where appropriate, direct and indirect shareholdings
which are considered to be significant, and special control rights.

1

For greater certainty, "to oversee board behaviour" does not require the daily oversight of theboard's operation by the shareholders.
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ARTICLE 15.5
Roles of the board
The corporate governance framework of each Party shall include provisions aiming at thefollowing, so that such framework will promote responsible board decision-making:(a)the effective monitoring of management by the board from an independent and objective
standpoint, which can be achieved, for instance, through the effective use of a sufficientnumber of independent directors1;(b)

ensuring board accountability to the shareholders; and(c)ensuring sufficient disclosure of information relevant to investors, for instance with respect toboard composition, board committees and independence of directors.

ARTICLE 15.6
Takeovers
Each Party shall provide rules and procedures governing takeovers in publicly listed companies.
Such rules and procedures shall aim at enabling those transactions to occur at transparent prices andunder fair conditions.

ARTICLE 15.7
Dispute settlement
The provisions of this Chapter shall not be subject to dispute settlement under Chapter 22.

1

Each Party may determine in its jurisdiction what constitutes a "sufficient number of
independent directors" in either qualitative or quantitative terms.
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CHAPTER 16
TRADE AND SUSTAINABLE DEVELOPMENT

ARTICLE 16.1
Context and objectives
1.

The Parties recognise the importance of promoting the development of international trade in a

way that contributes to sustainable development, for the welfare of present and future generations,taking into consideration the Agenda 21 adopted by the United Nations Conference on Environmentand Development on 14 June 1992, the ILO Declaration on Fundamental Principles and Rights at
Work and its Follow-up adopted by the International Labour Conference on 18 June 1998, the Planof Implementation adopted by the World Summit on Sustainable Development on
4 September 2002, the Ministerial Declaration entitled "Creating an environment at the national andinternational levels conducive to generating full and productive employment and decent work for
all, and its impact on sustainable development" adopted by the Economic and Social Council of theUnited Nations on 5 July 2006, the ILO Declaration on Social Justice for a Fair Globalization
adopted by the International Labour Conference on 10 June 2008, the outcome document of theUnited Nations Conference on Sustainable Development, entitled "The future we want" adopted by
the General Assembly of the United Nations on 27 July 2012, and the outcome document of theUnited Nations summit for the adoption of the post-2015 development agenda, entitled"Transforming our world: the 2030 Agenda for Sustainable Development" adopted by the General
Assembly of the United Nations on 25 September 2015.
2.

The Parties recognise the contribution of this Agreement to the promotion of sustainable

development, of which economic development, social development and environmental protection
are mutually reinforcing components. The Parties further recognise that the purpose of this Chapter
is to strengthen the trade relations and cooperation between the Parties in ways that promotesustainable development, and is not to harmonise the environment or labour standards of the Parties.

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ARTICLE 16.2
Right to regulate and levels of protection
1.

Recognising the right of each Party to determine its sustainable development policies andpriorities, to establish its own levels of domestic environmental and labour protection, and to adopt
or modify accordingly its relevant laws and regulations, consistently with its commitments to theinternationally recognised standards and international agreements to which the Party is party, eachParty shall strive to ensure that its laws, regulations and related policies provide high levels ofenvironmental and labour protection and shall strive to continue to improve those laws andregulations and their underlying levels of protection.
2.

The Parties shall not encourage trade or investment by relaxing or lowering the level ofprotection provided by their respective environmental or labour laws and regulations. To that effect,
the Parties shall not waive or otherwise derogate from those laws and regulations or fail toeffectively enforce them through a sustained or recurring course of action or inaction in a manner
affecting trade or investment between the Parties.
3.

The Parties shall not use their respective environmental or labour laws and regulations in amanner which would constitute a means of arbitrary or unjustifiable discrimination against the otherParty, or a disguised restriction on international trade.

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ARTICLE 16.3
International labour standards and conventions
1.

The Parties recognise full and productive employment and decent work for all as key

elements to respond to economic, labour and social challenges. The Parties further recognise theimportance of promoting the development of international trade in a way that is conducive to fulland productive employment and decent work for all. In that context, the Parties shall exchange
views and information on trade-related labour issues of mutual interest in the meetings of theCommittee on Trade and Sustainable Development established pursuant to Article 23.3, and as
appropriate in other fora.
2.

The Parties reaffirm their obligations deriving from the International Labour Organisation(hereinafter referred to as "ILO") membership. The Parties further reaffirm their respective
commitments with regard to the ILO Declaration on Fundamental Principles and Rights at Workand its Follow-up. Accordingly, the Parties shall respect, promote and realise in their laws,
regulations and practices the internationally recognised principles concerning the fundamental
rights at work, which are:(a)the 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.

3.

Each Party shall make continued and sustained efforts on its own initiative to pursue

ratification of the fundamental ILO Conventions and other ILO Conventions which each Party
considers appropriate to ratify.
4.

The Parties shall exchange information on their respective situations as regards the ratificationof ILO Conventions and Protocols, including the fundamental ILO Conventions.

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5.

Each Party reaffirms its commitments to effectively implement in its laws, regulations andpractices ILO Conventions it has ratified.
6.

The Parties recognise that the violation of the internationally recognised principles concerning

the fundamental rights at work referred to in paragraph 2 cannot be invoked or otherwise used as alegitimate comparative advantage, and that labour standards should not be used for protectionist
trade purposes.

ARTICLE 16.4
Multilateral environmental agreements
1.

The Parties stress the importance of multilateral environmental agreements, in particular thoseto which both Parties are party, as a means of multilateral environmental governance for theinternational community to address global or regional environmental challenges. The Parties further
stress the importance of achieving mutual supportiveness between trade and environment. In thiscontext, the Parties shall exchange views and information on trade-related environmental matters ofmutual interest in the meetings of the Committee on Trade and Sustainable Development, and as
appropriate in other fora.
2.

Each Party reaffirms its commitment to effectively implement in its laws, regulations andpractices the multilateral environmental agreements to which it is party.
3.

Each Party shall exchange information with the other Party on its respective situation andadvancements regarding ratification, acceptance or approval of, or accession to, multilateralenvironmental agreements, including their amendments, which each Party considers appropriate to
be bound by, as well as implementation of such agreements.

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4.

The Parties recognise the importance of achieving the ultimate objective of the United

Nations Framework Convention on Climate Change, done at New York on 9 May 1992 (hereinafterreferred to as "UNFCCC"), in order to address the urgent threat of climate change, and the role oftrade to that end. The Parties reaffirm their commitments to effectively implement the UNFCCC
and the Paris Agreement, done at Paris on 12 December 2015 by the Conference of the Parties tothe UNFCCC at its 21st session. The Parties shall cooperate to promote the positive contribution of
trade to the transition to low greenhouse gas emissions and climate-resilient development. The
Parties commit to working together to take actions to address climate change towards achieving theultimate objective of the UNFCCC and the purpose of the Paris Agreement.
5.

Nothing in this Agreement prevents a Party from adopting or maintaining measures toimplement the multilateral environmental agreements to which it is party, provided that suchmeasures are not applied in a manner that would constitute a means of arbitrary or unjustifiable
discrimination against the other Party or a disguised restriction on trade.

ARTICLE 16.5
Trade and investment favouring sustainable development
The Parties recognise the importance of enhancing the contribution of trade and investment to thegoal of sustainable development in its economic, social and environmental dimensions.
Accordingly, the Parties:(a)recognise the importance of the principles concerning fundamental rights at work, decent
work for all, and fundamental values of freedom, human dignity, social justice, security andnon-discrimination for sustainable economic and social development and efficiency, as wellas the importance of seeking better integration of those principles into trade and investment
policies;(b)

shall strive to facilitate and promote trade and investment in environmental goods andservices, in a manner consistent with this Agreement;

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(c)shall strive to facilitate trade and investment in goods and services of particular relevance toclimate change mitigation, such as those related to sustainable renewable energy and energy
efficient goods and services, in a manner consistent with this Agreement;(d)shall strive to promote trade and investment in goods that contribute to enhanced social
conditions and environmentally sound practices, including goods that are the subject oflabelling schemes, and recognise the contribution of other voluntary initiatives, including
private ones, to sustainability; and(e)shall encourage corporate social responsibility and exchange views and information on thismatter through the Committee on Trade and Sustainable Development, and as appropriate
through other fora. In this regard, the Parties recognise the importance of the relevantinternationally recognised principles and guidelines, including the OECD Guidelines forMultinational Enterprises which are part of the OECD Declaration on International
Investment and Multinational Enterprises adopted by the OECD on 21 June 1976 and the
Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy
adopted by the Governing Body of the International Labour Office in November 1977.

ARTICLE 16.6
Biological diversity
1.

Each Party recognises the importance and the role of trade and investment in ensuring theconservation and sustainable use of biological diversity in accordance with relevant international
agreements to which it is party, notably the Convention on Biological Diversity, done at Rio deJaneiro on 5 June 1992, and its protocols and the Convention on International Trade in Endangered
Species of Wild Fauna and Flora, done at Washington D.C. on 3 March 1973 (hereinafter referred
to as "CITES").

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2.

In that context, each Party shall:(a)encourage the use of products which were obtained through sustainable use of natural
resources and which contribute to the conservation and sustainable use of biodiversity,
including through labelling schemes, taking into account the importance of trade in suchproducts;(b)

implement effective measures, such as monitoring and enforcement measures, andawareness-raising actions, to combat illegal trade in endangered species of wild fauna andflora as listed in CITES, and as appropriate in other endangered species;(c)implement, as appropriate, the decisions which were adopted under the international
agreements referred to in paragraph 1, including through laws, regulations, strategies, plansand programmes; and(d)exchange information and consult with the other Party at bilateral and multilateral levels on
matters of relevance to this Article, including trade in wildlife and natural resource-based
products, the valuation, mapping and assessment of ecosystems and related services, and theaccess to genetic resources and the fair and equitable sharing of benefits arising from theirutilisation.

ARTICLE 16.7
Sustainable management of forests and trade in timber and timber products
1.

The Parties recognise the importance and the role of trade and investment in ensuring theconservation and sustainable management of forests.
2.

In that context, the Parties shall:(a)encourage conservation and sustainable management of forests, and trade in timber andtimber products harvested in accordance with the laws and regulations of the country of
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(b)contribute to combating illegal logging and related trade including, as appropriate, the tradewith third countries; and(c)exchange information and share experiences at bilateral and multilateral levels with a view topromoting the conservation and sustainable management of forests and trade in legally
harvested timber and timber products, as well as to combating illegal logging.

ARTICLE 16.8
Trade and sustainable use of fisheries resources and sustainable aquaculture
1.

The Parties recognise the importance and the role of trade and investment in ensuring theconservation and sustainable use and management of fisheries resources, safeguarding marine
ecosystems, and promoting responsible and sustainable aquaculture.
2.

In that context, the Parties shall:(a)comply with the United Nations Convention on the Law of the Sea, the Agreement toPromote Compliance with International Conservation and Management Measures by Fishing
Vessels on the High Seas, done at Rome on 24 November 1993, and the Agreement for the
Implementation of the Provisions of the United Nations Convention on the Law of the Sea of
10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks
and Highly Migratory Fish Stocks, done at New York on 4 August 1995, take measures toachieve the objectives and principles of the Code of Conduct for Responsible Fisheries
adopted by the Conference of the Food and Agriculture Organisation on 31 October 1995,
encourage the implementation of port state measures both at global and regional levels, and,as appropriate, encourage third countries to ratify, accept, approve, or accede to, relevantinternational agreements to which both Parties are party;329- 329 -

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(b)promote conservation and sustainable use of fisheries resources through appropriate
international organisations or bodies in which both Parties participate, including regional
fisheries management organisations (hereinafter referred to as "RFMOs"), by means of, whereapplicable, effective monitoring, control or enforcement of the RFMOs' resolutions,recommendations or measures, and implementation of their catch documentation or
certification schemes;(c)adopt and implement their respective effective tools for combating illegal, unreported andunregulated (hereinafter referred to as "IUU") fishing, including through legal instruments,
and, where appropriate, control, monitoring and enforcement, and capacity management
measures, recognising that voluntary sharing of information on IUU fishing will enhance theeffectiveness of these tools in the fight against IUU fishing, and underlining the crucial role ofthe members of RFMOs with major fisheries markets to leverage a sustainable use of fisheries
resources; and(d)promote the development of sustainable and responsible aquaculture, taking into account its
economic, social and environmental aspects.

ARTICLE 16.9
Scientific information
When preparing and implementing measures with the aim of protecting the environment or labour
conditions that may affect trade or investment, the Parties shall take account of available scientificand technical information, and where appropriate, relevant international standards, guidelines orrecommendations, and the precautionary approach.

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ARTICLE 16.10
Transparency
Each Party shall ensure that any measure of general application pursuing the objectives of this
Chapter is administered in a transparent manner, in accordance with its laws and regulations andChapter 17, including by providing the public with reasonable opportunities and sufficient time tocomment, and by publishing such measures.

ARTICLE 16.11
Review of sustainability impacts
The Parties recognise the importance of reviewing, monitoring and assessing, jointly orindividually, the impact of the implementation of this Agreement on sustainable development
through their respective processes and institutions, as well as those set up under this Agreement.

ARTICLE 16.12
Cooperation
Recognising the importance of cooperation on trade-related and investment-related aspects ofenvironmental and labour policies in order to achieve the objectives of this Agreement, the Parties
may, inter alia:(a)cooperate at bilateral or multilateral level in the fields of environmental protection and labour,
including through appropriate international organisations or bodies in which both Parties
participate;(b)cooperate on evaluating the mutual impact between trade and environment, and trade andlabour, as well as on identifying ways to enhance, prevent or mitigate such impact, taking into
account the results of the monitoring and assessment carried out by the Parties;331- 331 -

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(c)cooperate to facilitate and promote trade and investment in environmental goods and services,in a manner consistent with this Agreement, including through the exchange of information;(d)cooperate on labelling schemes, including through the exchange of information on eco-labels,
as well as other measures and initiatives that contribute to sustainability, including as
appropriate fair and ethical trade schemes;(e)cooperate to promote corporate social responsibility, notably through the exchange of
information and best practices, including on adherence, implementation, follow-up, anddissemination of internationally agreed guidelines and principles;(f)cooperate on trade-related aspects of ILO's Decent Work Agenda;(g)cooperate on trade-related aspects of multilateral environmental agreements, including
through the exchange of views and information on the implementation of CITES and throughtechnical and customs cooperation;(h)cooperate on trade-related aspects of the international climate change regime, including onmeans to promote low-carbon technologies, other climate-friendly technologies and energy
efficiency;(i)cooperate to promote the conservation and sustainable use of biological diversity, including
combatting illegal trade in endangered species of wild fauna and flora;(j)cooperate to promote the conservation and sustainable management of forests and trade inlegally harvested timber and timber products, as well as to combat illegal logging; and(k)cooperate, bilaterally or through appropriate international organisations or bodies in which
both Parties participate, to promote sustainable fishing and aquaculture practices and trade inlegally obtained fisheries resources, as well as to combat IUU fishing.

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ARTICLE 16.13
Committee on Trade and Sustainable Development
1.

The Committee on Trade and Sustainable Development established pursuant to Article 23.3

(hereinafter referred to in this Chapter as "the Committee") shall be responsible for the effective
implementation and operation of this Chapter.
2.

The Committee shall have the following functions:(a)reviewing and monitoring the implementation and operation of this Chapter and, whennecessary, making appropriate recommendations to the Joint Committee for its consideration
related to subparagraph 5(d) of Article 23.1;(b)considering any other matter related to this Chapter as the Parties may agree;(c)interacting with civil society1 on the implementation of this Chapter;(d)carrying out other functions as may be delegated by the Joint Committee pursuant to
subparagraph 5(b) of Article 23.1; and(e)seeking solutions to resolve differences between the Parties as to the interpretation orapplication of this Chapter, including through the procedures pursuant to paragraph 5 of
Article 16.17.2

3.

The Committee shall meet within one year of the date of entry into force of this Agreement.

Thereafter, the Committee shall meet in accordance with subparagraph 3(a) of Article 23.3 without
prejudice to procedures pursuant to paragraph 5 of Article 16.17.

1

2

For the purposes of this Chapter, "civil society" means independent economic, social andenvironmental stakeholders, including employers' and workers' organisations andenvironmental groups.
For greater certainty, the advice provided under paragraph 4 of Article 16.17 is taken into
account in the work carried out by the Committee pursuant to this subparagraph.
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4.

The Committee will pursue coherence and cooperation between its work and the activities of

the ILO and of relevant multilateral environmental organisations or bodies.

ARTICLE 16.14
Contact points
Each Party shall, upon the entry into force of this Agreement, designate a contact point to facilitatecommunications between the Parties on any matter relating to this Chapter and notify the otherParty of the contact details including information regarding the relevant officials. The Parties shallpromptly notify each other of any change of those contact details.

ARTICLE 16.15
Domestic advisory group1.

Each Party shall convene meetings of its own new or existing domestic advisory group orgroups on economic, social and environmental issues related to this Chapter and consult with thegroup or groups in accordance with its laws, regulations and practices.
2.

Each Party is responsible for ensuring a balanced representation of independent economic,

social and environmental stakeholders, including employers' and workers' organisations andenvironmental groups, in the advisory group or groups.
3.

The advisory group or groups of each Party may meet on its or their own initiative andexpress its or their opinions on the implementation of this Chapter independently of the Party andsubmit those opinions to that Party.

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ARTICLE 16.16
Joint Dialogue with civil society
1.

The Parties shall convene, at such times as may be agreed by the Parties, the Joint Dialogue

with civil society organisations situated in their territories (hereinafter referred to in this Chapter as"Joint Dialogue"), including members of their domestic advisory groups referred to in Article 16.15,
to conduct a dialogue on this Chapter.
2.

The Parties should promote in the Joint Dialogue a balanced representation of relevant

stakeholders, including independent organisations which are representative of economic,
environmental and social interests as well as other relevant organisations as appropriate.
3.

The Joint Dialogue shall be convened no later than two years after the date of entry into forceof this Agreement. Thereafter, the Joint Dialogue shall be convened regularly, unless the Parties
agree otherwise. The Parties shall agree on the operation of the Joint Dialogue before the firstmeeting of the Joint Dialogue. Participation in the Joint Dialogue may take place by any appropriate
means of communication as agreed by the Parties.
4.

The Parties will provide the Joint Dialogue with information on the implementation of this

Chapter. If the Parties agree, the views and opinions of the Joint Dialogue may be submitted to theCommittee and may be made publicly available.

ARTICLE 16.17
Government consultations
1.

In the event of disagreement between the Parties on any matter regarding the interpretation orapplication of this Chapter, the Parties shall only have recourse to the procedures set out in this
Article and Article 16.18. The provisions of this Chapter shall not be subject to dispute settlement
under Chapter 22.

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2.

A Party may request in writing consultations with the other Party on any matter concerning

the interpretation and application of this Chapter. The Party requesting consultations shall set out
the reasons for the request, including identification of the matter and an indication of its factual andlegal basis, specifying the relevant provisions of this Chapter.
3.

When a Party requests consultation pursuant to paragraph 2, the other Party shall reply

promptly and enter into consultations with a view to reaching a mutually satisfactory resolution of
the matter.
4.

During consultations, each Party shall provide sufficient information to enable a full

examination of the matter in question. The Parties shall take into account the activities of the ILO
and other relevant international organisations or bodies in which both Parties participate and, as
may be required by the Parties on an ad hoc basis, may seek advice from those internationalorganisations or bodies, or other experts. The Parties shall discuss appropriate measures to be
implemented, taking into account that advice.
5.

If no solution is reached through the consultations held in accordance with paragraphs 2 to 4,

the Committee shall be convened promptly on request of a Party to consider the matter in question.
6.

The Parties shall ensure that the solutions reached through the consultations under this Article

will be jointly made publicly available, unless the Parties agree otherwise.

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ARTICLE 16.18
Panel of experts
1.

If, no later than 75 days of the date of the request by a Party to convene the Committee

pursuant to paragraph 5 of Article 16.17, the Parties do not reach a mutually satisfactory resolutionof the matter concerning the interpretation or application of the relevant Articles of this Chapter, aParty may request that a panel of experts be convened to examine the matter in accordance with theterms of reference referred to in paragraph 2. Such request shall be made in writing through thecontact point of the other Party referred to in Article 16.14 and shall identify the reasons for therequest, including the identification of the matter to be resolved and an indication of its factual andlegal basis.
2.

The Committee shall, within two years of the date of entry into force of this Agreement, adopt

the rules of procedure and the terms of reference for the panel of experts. The rules of procedure
shall identify the procedures for finding the relevant information. The panel shall interpret therelevant Articles of this Chapter in accordance with customary rules of interpretation of public
international law, including those codified in the Vienna Convention on the Law of Treaties, done
at Vienna on 23 May 1969. Pending the establishment of those rules of procedure and terms ofreference, the Rules of Procedure referred to in Article 22.30 shall apply mutatis mutandis, and theterms of reference shall be, unless the Parties agree otherwise no later than five days after the dateof establishment of the panel, as follows:"to examine, in the light of the relevant Articles of Chapter 16, the matter referred to in the request
for the establishment of the panel of experts, and to issue a report in accordance with paragraph 5 of
Article 16.18, making recommendations for the resolution of the matter".
3.

The panel of experts may obtain information from any source it deems appropriate. For

matters related to ILO instruments or multilateral environmental agreements, it should seek
information and advice from the relevant international organisations or bodies. Any information
obtained pursuant to this paragraph shall be submitted to the Parties for their comments.

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4.

The panel shall be composed of three experts. They shall be selected in accordance with

subparagraphs (a) to (e).
(a)

The experts shall have relevant technical or legal expertise in the issues addressed in this
Chapter. They shall be independent of, and not be affiliated with or take instructions from,either Party. They shall serve in their individual capacities and not take instructions from anyorganisation or government, nor have been involved in the matter in question in any capacity.

(b)

Each Party shall, no later than 45 days after the date of receipt of the request to convene thepanel, appoint one expert who may be a national of that Party and propose up to threecandidates to serve as the chairperson of the panel. The chairperson shall not be a national ofeither Party. The Parties shall agree on and appoint the chairperson from the proposed
candidates no later than 15 days after the expiry of the 45-day period.

(c)

If a Party has not appointed an expert or if the Parties have not agreed on nor appointed thechairperson pursuant to subparagraph (b), the experts or the chairperson not yet appointed
shall be chosen no later than 15 days after the expiry of the 15-day period provided for in
subparagraph (b) by lot from the candidates proposed pursuant to subparagraph (d).

(d)

The Committee shall, within two years of the date of entry into force of this Agreement,
establish a list of at least 10 individuals who are willing and able to serve as experts pursuant
to this Article, and who meet the qualifications set out in subparagraph (a). The list shall becomposed of three sub-lists: one for each Party and one for individuals who are not nationalsof either Party and who shall act as the chairperson of the panel. Each Party shall select atleast three individuals to serve as experts for its sub-list. Unless the Parties agree otherwise,
they shall jointly select four individuals for the sub-list of chairpersons. The Committee will
ensure that the number of individuals on the list is always maintained at the level required bythis subparagraph.

(e)

The date of establishment of a panel shall be the date on which the chairperson is appointed.

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5.

The panel of experts shall issue an interim and a final report to the Parties setting out thefindings of facts, the interpretation or the applicability of the relevant Articles and the basic
rationale behind any findings and suggestions. No later than 45 days after the date of receipt of theinterim report, which shall be issued no later than 90 days after the date of establishment of thepanel, the Parties may submit written comments on that report. After considering any such writtencomments, the panel of experts may modify the report and make any further examination it
considers appropriate. The final report shall be issued no later than 180 days after the date ofestablishment of the panel, unless the chairperson of the panel notifies the Parties in writing that thedeadline cannot be met. In that case, the final report shall be issued no later than 200 days after thedate of establishment of the panel, unless the Parties agree otherwise. The final report shall be madepublicly available. The Parties shall ensure the protection of confidential information.
6.

The Parties shall discuss actions or measures to resolve the matter in question, taking into

account the panel's final report and its suggestions. Each Party shall inform the other Party and its
own domestic advisory group or groups of any follow-up actions or measures no later than threemonths after the date of issuance of the final report. The follow-up actions or measures shall bemonitored by the Committee. The domestic advisory group or groups and the Joint Dialogue may
submit their observations in this regard to the Committee.

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CHAPTER 17
TRANSPARENCY

ARTICLE 17.1
Definitions
For the purposes of this Chapter, "measure of general application" means any law, regulation, rule,administrative or judicial decision, or administrative or judicial procedure, of general application
with respect to any matter covered by this Agreement.

ARTICLE 17.2
Transparent regulatory environment
Recognising the impact which its regulatory environment may have on trade and investment
between the Parties, each Party shall provide for a transparent regulatory environment, which iseffective and predictable for persons including economic operators, especially small andmedium-sized enterprises.

ARTICLE 17.3
Publication
When introducing or changing measures of general application, each Party shall:(a)promptly publish those measures of general application, or otherwise make them publicly
available, together with an explanation of their objective and rationale, and where feasible, byelectronic means such as a website in English; and340- 340 -

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(b)endeavour to allow for a reasonable interval between the time when those measures of generalapplication are published or made publicly available and the time when they enter into force,
except in duly justified cases.

ARTICLE 17.4
Enquiries
1.

Each Party shall, on request of the other Party, respond within a reasonable period of time to

specific questions from, and provide information to, the other Party with respect to its measures ofgeneral application.
2.

Each Party shall make easily available to the public the names and addresses of the competentauthorities responsible for its measures of general application.
3.

Each Party shall establish or maintain appropriate mechanisms for responding to enquiries

from a person regarding its measures of general application.
4.

The Parties recognise that the responses provided to the enquiries referred to in paragraph 3

may not be definitive or legally binding but for information purposes only, unless otherwise
provided for in the laws and regulations of each Party.

ARTICLE 17.5
Administration of measures of general application
1.

Each Party shall administer in a consistent, objective, impartial and reasonable manner all its

measures of general application.

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2.

When applying measures of general application in administrative proceedings to particularpersons, goods or services of the other Party in specific cases, each Party shall, in accordance with
its laws and regulations, provide persons that are directly affected by those administrative
proceedings with:(a)a reasonable notice of when the proceedings are initiated, including the legal basis and a
description of the nature of the proceedings, of the facts and of the issues in question; and(b)a reasonable opportunity to present facts and arguments in support of their positions prior to
any final administrative decision, except for reasons of urgency.

ARTICLE 17.6
Review and appeal
1.

Each Party shall establish or maintain judicial, arbitral or administrative tribunals orprocedures for the purpose of the prompt review or appeal and, where warranted, correction ofadministrative actions or, as provided for in its laws and regulations, of failures to act with respect
to any matter covered by this Agreement. Those tribunals or procedures shall be impartial andindependent of the office or authority entrusted with administrative enforcement of such actions andshall not have any substantial interest in the outcome of the matter.
2.

Each Party shall ensure that the parties before the tribunals or involved in the proceduresreferred to in paragraph 1 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.

3.

Each Party shall ensure, subject to further review or appeal as provided for in its laws andregulations, that the decision referred to in subparagraph 2(b) is implemented by the relevant offices
or authorities with respect to the administrative action concerned.

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ARTICLE 17.7
Cooperation on the promotion of increased transparency
The Parties shall cooperate, where appropriate, in bilateral, regional and multilateral fora on ways topromote transparency in respect of international trade and investment.

ARTICLE 17.8
Relation to other Chapters
This Chapter applies without prejudice to any specific provisions in other Chapters of thisAgreement.

ARTICLE 17.9
Anti-Corruption
The Parties affirm their resolve to eliminate bribery and corruption in international trade andinvestment. Recognising the need to build integrity within both the public and private sectors andthat each sector has complementary responsibilities in this regard, the Parties affirm their adherence
to the Convention on Combating Bribery of Foreign Public Officials in International BusinessTransactions, done at Paris on 17 December 1997, and the United Nations Convention against
Corruption, adopted at New York on 31 October 2003.

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CHAPTER 18
GOOD REGULATORY PRACTICES AND REGULATORY COOPERATIONSECTION A
Good regulatory practices and regulatory cooperation

SUB-SECTION 1
General provisions

ARTICLE 18.1
Objectives and general principles
1.

The objectives of this Section are to promote good regulatory practices and regulatory

cooperation between the Parties with the aim of enhancing bilateral trade and investment by:(a)promoting an effective, transparent and predictable regulatory environment;(b)promoting compatible regulatory approaches and reducing unnecessarily burdensome,duplicative or divergent regulatory requirements;(c)discussing regulatory measures, practices or approaches of a Party, including how to enhancetheir efficient application; and(d)reinforcing bilateral cooperation between the Parties in international fora.

2.

Nothing in this Section shall affect the right of a Party to define or regulate its own levels ofprotection in pursuit or furtherance of its public policy objectives in areas such as:344- 344 -

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(a)public health;(b)human, animal and plant life and health;(c)occupational health and safety;(d)labour conditions;(e)the environment including climate change;(f)consumers;(g)social protection and social security;(h)personal data and cybersecurity;(i)cultural diversity;(j)financial stability; and(k)energy security.

3.

Nothing in this Section shall be construed to prevent a Party from:(a)adopting, maintaining and applying regulatory measures in accordance with its legal
framework, principles and deadlines, in order to achieve its public policy objectives at thelevel of protection it deems appropriate; and(b)providing and supporting services of general interest, including those related to water, health,education or social services.

4.

Regulatory measures shall not constitute a disguised barrier to trade.

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5.

Nothing in this Section shall be construed as obliging the Parties to achieve any particularregulatory outcome.

ARTICLE 18.2
Definitions
For the purposes of this Section:
(a)

(b)

"regulatory authority" means:(i)the Government of the United Kingdom for the United Kingdom; and(ii)

the Government of Japan for Japan; and"regulatory measures" means measures of general application, which are:(i)for the United Kingdom:(A) primary legislation; and
(B)

(ii)

secondary legislation; andfor Japan:(A) laws;(B)

Cabinet Orders; and(C)

Ministerial Ordinances.

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ARTICLE 18.3
Scope
1.

This Section applies to regulatory measures issued by the regulatory authority of a Party inrespect of any matter covered by this Agreement.
2.

Sub-Sections 3 and 4 apply to other measures of general application issued by the regulatory

authority of a Party which are relevant for regulatory cooperation activities, such as guidelines,
policy documents or recommendations, in addition to the regulatory measures referred to inparagraph 1.

SUB-SECTION 2
Good regulatory practices

ARTICLE 18.4
Internal coordination
Each Party shall maintain internal coordination processes or mechanisms to foster good regulatory
practices, including those provided for in this Section.

ARTICLE 18.5
Regulatory processes and mechanisms
Each Party shall make publicly available descriptions of the processes and mechanisms under which
its regulatory authority prepares, evaluates and reviews its regulatory measures. Those descriptions
shall refer to relevant guidelines, rules or procedures, including those regarding opportunities forthe public to provide comments.
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ARTICLE 18.6
Early information on planned regulatory measures
The regulatory authority of each Party shall make publicly available at least once a year a list of its
planned major1 regulatory measures, together with a brief description of their scope and objectives,
including, if available, the estimated timing for their adoption. Alternatively, if the regulatory
authority of a Party does not make such a list publicly available, that Party shall provide annually,
and as soon as possible, the Committee on Regulatory Cooperation established pursuant to
Article 23.3 with the list together with the brief description. That list together with the brief
description, with the exception of information designated as confidential, may be made publicly
available by the regulatory authority of each Party.

ARTICLE 18.7
Public consultations
1.

When preparing major regulatory measures, the regulatory authority of each Party shall,where applicable, and in accordance with the relevant rules and procedures:(a)publish either the draft regulatory measures or consultation documents providing sufficientdetails about regulatory measures under preparation to allow any person to assess whether andhow the person's interests might be significantly affected;(b)offer, on a non-discriminatory basis, reasonable opportunities for any person to provide
comments; and(c)consider the comments received.

1

The regulatory authority of each Party may determine what constitutes "major" regulatory
measures for the purposes of its obligations under this Section.
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2.

The regulatory authority of each Party should make use of electronic means ofcommunication and seek to maintain a dedicated single access web portal for the purposes ofproviding information and receiving comments related to public consultations.
3.

The regulatory authority of each Party shall make publicly available any comment received ora summary of the results of the consultations. This obligation does not apply to the extent necessary
for the protection of confidential information, for withholding personal data or inappropriate
content or for other justified grounds such as the risk of harm to the interests of a third party.

ARTICLE 18.8
Impact assessment
1.

The regulatory authority of each Party shall endeavour to systematically carry out, in

accordance with the relevant rules and procedures, an impact assessment of major regulatory
measures under preparation.
2.

When carrying out an impact assessment, the regulatory authority of each Party shall establish

and maintain processes and mechanisms under which the following factors will be taken into
consideration:(a)the need for the regulatory measure, including the nature and the significance of the issue thatthe regulatory measure intends to address;(b)

any feasible and appropriate regulatory or non-regulatory alternatives, including the option of
not regulating, if available, that would achieve the Party's public policy objectives;(c)to the extent possible and relevant, the potential social, economic and environmental impactof those alternatives, including on trade and on small and medium-sized enterprises1; and1

For the purposes of this subparagraph, for the United Kingdom, "small and medium-sizedenterprises" means small and micro businesses.
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(d)where appropriate, how the options under consideration relate to relevant international
standards, including the reason for any divergence.

3.

The regulatory authority of each Party shall publish the findings of its impact assessments nolater than the publication of the related proposed or final regulatory measure.

ARTICLE 18.9
Retrospective evaluation
1.

The regulatory authority of each Party shall maintain processes or mechanisms to promote

periodic retrospective evaluation of regulatory measures in force.
2.

The regulatory authority of each Party shall make publicly available its plans for and theresults of such retrospective evaluations to the extent consistent with the relevant rules andprocedures.

ARTICLE 18.10
Opportunity to submit comments
The regulatory authority of each Party shall, without prejudice to the pursuit of each Party's public
policy objectives, provide an opportunity for any person to submit comments for improvements ofregulatory measures in force, including suggestions for simplification or reduction of unnecessary
burdens.

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ARTICLE 18.11
Exchange of information on good regulatory practices
The regulatory authorities shall endeavour to exchange information, including in the Committee on
Regulatory Cooperation, on their good regulatory practices as referred to in this Sub-Section, suchas practices regarding impact assessments, including the assessment of the effects on trade andinvestment, or those regarding retrospective evaluations.

SUB-SECTION 3
Regulatory cooperation

ARTICLE 18.12
Regulatory cooperation activities
1.

Each Party may propose a regulatory cooperation activity to the other Party. It shall present

that proposal via the contact point designated in accordance with Article 18.15.
2.

The other Party shall review the proposal in due course and shall inform the proposing Party

whether it considers the proposed activity suitable for regulatory cooperation.
3.

On request of a Party, the Committee on Regulatory Cooperation shall discuss a proposal for

regulatory cooperation activities referred to in paragraph 1.
4.

In order to identify suitable activities for regulatory cooperation, each Party shall consider:(a)the list provided for in Article 18.6; and(b)proposals for regulatory cooperation activities submitted by persons of a Party that aresubstantiated and accompanied by relevant information.
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5.

If the Parties decide to engage in a regulatory cooperation activity, the regulatory authority ofeach Party shall:(a)inform the regulatory authority of the other Party about the development of new or therevision of existing measures that are relevant for the regulatory cooperation activity;(b)upon request, provide information and discuss measures that are relevant for the regulatory
cooperation activity; and(c)when developing new or revising existing regulatory or other measures, consider, to the extent
feasible, any regulatory approach by the other Party on the same or a related matter.

6.

The Parties may engage in regulatory cooperation activities on a voluntary basis. A Party may

refuse to engage in or withdraw from regulatory cooperation activities. A Party that refuses toengage in or withdraws from regulatory cooperation activities should explain the reasons for its
decision to the other Party.
7.

Where appropriate, the regulatory authorities may, by mutual consent, entrust theimplementation of a regulatory cooperation activity to the relevant bodies in the Parties.

ARTICLE 18.13
Good practices to promote regulatory compatibility
The regulatory authority of each Party shall, in order to promote regulatory compatibility, consider,inter alia, the following:(a)promotion of common principles, guidelines, codes of conduct, mutual recognition ofequivalence and implementing tools, to avoid unnecessary duplication of regulatory
requirements such as testing, qualifications, audits or inspections; and352- 352 -

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(b)bilateral cooperation and cooperation with third countries in relevant international fora, where
feasible, including through joint initiatives and proposals, with a view to developing andpromoting the adoption and implementation of international regulatory standards, guidelines
or other approaches.

SUB-SECTION 4
Institutional provisions

ARTICLE 18.14
Committee on Regulatory Cooperation
1.

The Committee on Regulatory Cooperation established pursuant to Article 23.3 shall enhanceand promote good regulatory practices and regulatory cooperation between the Parties inaccordance with the provisions of this Section.
2.

The Committee on Regulatory Cooperation may invite interested persons to participate in its

meetings.
3.

The Committee on Regulatory Cooperation may, in particular:(a)discuss proposals for regulatory cooperation activities;(b)

exchange information on, and promote, good regulatory practices;(c)

recommend regulatory cooperation activities on matters of common interest to the Parties,
including those on pre-regulatory research;(d)promote bilateral regulatory cooperation activities with the aim of facilitating compatible
regulatory outcomes in each Party, in particular in areas where no regulatory measures exist
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15:55:42(e)support the development of practical mechanisms, implementing tools and best practices topromote good regulatory practices and regulatory cooperation;(f)encourage regulatory cooperation and coordination in international fora, including periodic
bilateral exchanges of information on relevant ongoing or planned activities;(g)

periodically identify and endorse priority areas of regulatory cooperation;(h)provide guidelines, if necessary, to help streamline the regulatory cooperation of otherspecialised committees referred to in Article 23.3 and of other bilateral regulatory cooperation
fora;

(i)

consider the report on the outcome of the consultations referred to in paragraph 8 of
Article 18.16 and review the progress on the implementation of the satisfactory solution
referred to in paragraph 6 of Article 18.16, if applicable; and(j)establish, as necessary, ad hoc working groups to pursue specific regulatory cooperation
activities, which shall report to the Committee on Regulatory Cooperation.

4.

The Committee on Regulatory Cooperation shall:(a)meet within one year of the date of entry into force of this Agreement and at least once a year
thereafter, unless the representatives of the Parties decide otherwise; and(b)adopt its rules of procedure at its first meeting after the entry into force of this Agreement.

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ARTICLE 18.15
Contact points
Each Party shall, upon the entry into force of this Agreement, designate a contact point for the
implementation of this Section and for exchange of information in accordance with Article 18.16
and notify the other Party of the contact details including information regarding the relevant
officials. The Parties shall promptly notify each other of any change of those contact details.

ARTICLE 18.16
Exchange of information on planned or existing regulatory measures
1.

A Party may submit to the other Party a request for information and clarifications regarding

planned or existing regulatory measures of the other Party. The Party to whom the request isaddressed shall endeavour to respond promptly.
2.

A Party may submit to the other Party a request to consider its concerns about a planned orexisting regulatory measure of the other Party. In its request, the requesting Party shall identify theregulatory measure at issue, provide a description of its concerns and, where relevant, submit
questions.
3.

The responding Party shall, as soon as possible but, unless justified, no later than 60 days after

the receipt of the request, provide written comments as regards the concerns raised by therequesting Party pursuant to paragraph 2. Those comments shall, to the extent possible, include
inter alia the policy objective and rationale of the regulatory measure and, where applicable, an
explanation as to the absence of a less trade or investment restrictive measure which could achieve
the same policy objective with the same efficiency. The responding Party shall reply to anyquestions for clarification submitted by the requesting Party.
4.

The requesting Party may request consultations with the responding Party:(a)after the receipt of the written comments referred to in paragraph 3; or355- 355 -

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(b)after the expiration of the time period referred to in paragraph 3, if the responding Party does
not provide written comments within that period.

5.

The consultations may be held through meetings in person or by electronic means. Each Party

shall appoint an official responsible for conducting the meetings.
6.

During the consultations the Parties shall explore in good faith a possible satisfactory solution

to address the concerns of the requesting Party, including proposals for an adjustment of theregulatory measure at issue or for the adoption of a less trade or investment restrictive regulatory
measure, where relevant.
7.

The Parties shall not be required to disclose confidential or sensitive information or data.

8.

A report on the outcome of the consultations shall be prepared by the requesting Party inconsultation with the responding Party. The contact point of the requesting Party shall send thereport to the Committee on Regulatory Cooperation for its consideration.
9.

The request referred to in paragraph 2 may also be submitted in cases where no satisfactory

solution has been reached at the level of the relevant specialised committee and is without prejudice
to the Parties' rights and obligations under Chapter 22 or under the dispute settlement procedure of
any other applicable agreement.
10.

The request referred to in paragraph 2 shall not require the responding Party to achieve aparticular regulatory outcome and shall not delay the adoption of a regulatory measure.

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SECTION B
Animal welfare

ARTICLE 18.17
Animal welfare
1.

The Parties will cooperate for their mutual benefit on matters of animal welfare with a focus

on farmed animals with a view to improving the mutual understanding of their respective laws andregulations.
2.

For that purpose, the Parties may adopt by mutual consent a working plan defining thepriorities and categories of animals to be dealt with under this Article, and establish an Animal
Welfare Technical Working Group to exchange information, expertise and experiences in the fieldof animal welfare and to explore the possibility of promoting further cooperation.

SECTION C
Final provisions

ARTICLE 18.18
Application of Section A
1.

The provisions of Section A do not apply to Section B and to the regulatory cooperation in

financial services provided for in Sub-Section 5 of Section E of Chapter 8.
2.

Notwithstanding Article 18.3, any specific provisions in other Chapters of this Agreement

shall prevail over the provisions of Section A to the extent necessary for the application of thespecific provisions.
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ARTICLE 18.19
Dispute settlement
The provisions of this Chapter shall not be subject to dispute settlement under Chapter 22.

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CHAPTER 19
COOPERATION IN THE FIELD OF AGRICULTURE

ARTICLE 19.1
Objectives
The Parties recognise that promoting trade in agricultural products1 and foods between them is in
their mutual interest, and aim at promoting cooperation on sustainable agriculture, including ruraldevelopment and the exchange of technical information and best practices for providing safe andhigh quality foods for consumers in the Parties.

ARTICLE 19.2
Scope
1.

The Parties shall cooperate in the areas referred to in Article 19.1 in accordance with theirrespective laws and regulations. The Parties shall encourage and facilitate cooperation among
relevant groups, entities, competent authorities and other organisations of the Parties.
2.

The scope of cooperation referred to in paragraph 1 shall cover:(a)the promotion of trade in agricultural products and foods, including a dialogue on the relevantlaws and regulations;(b)cooperation with a view to improving farm management, productivity and competitiveness,
including the exchange of best practices regarding sustainable agriculture, as well as the useof technology and innovation;

1

For the purposes of this Chapter, "agricultural products" does not include forestry or fisheryproducts.
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(c)cooperation on production and technology in agriculture and foods;(d)cooperation on agricultural product quality policy including on geographical indications1,
provided that such cooperation does not overlap with the tasks related to geographicalindications of the Committee on Intellectual Property established pursuant to Article 23.3;(e)cooperation and the exchange of best practices to promote rural development, such as policies
aiming at keeping producers and young farmers in rural areas; and(f)consultation on other matters covered by Article 19.1 as the Parties may agree.

ARTICLE 19.3
Cooperation for the improvement of the business environment
1.

Each Party shall, in accordance with its laws and regulations, take appropriate measures tofurther improve the business environment in the area of agriculture and foods for persons of theother Party conducting their business activities in the former Party.
2.

To further improve the business environment, the Parties shall, in accordance with theirrespective laws and regulations, promote cooperation between the public authorities andrepresentatives of the respective agriculture and food sectors of the Parties.

1

For the purposes of this Chapter, "agricultural product quality policy" on geographicalindications refers to agricultural product quality policy on geographical indications for the
products covered by Article 14.26.
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ARTICLE 19.4
Request for information
Each Party may submit to the other Party a request for information and clarifications regarding
measures related to agriculture or foods. The requested Party shall, as soon as possible but no later
than 60 days after the receipt of the request, unless otherwise agreed by the Parties, provide written
information as regards the request made by the requesting Party.

ARTICLE 19.5
Working Group on Cooperation in the Field of Agriculture
1.

The Working Group on Cooperation in the Field of Agriculture established pursuant to

Article 23.4 (hereinafter referred to in this Chapter as "the Working Group") shall be responsible forthe effective implementation and operation of this Chapter.
2.

The Working Group shall have the following functions:(a)ensuring and reviewing the implementation and operation of this Chapter;(b)

discussing any issues related to this Chapter;(c)reporting the activities of the Working Group to the Joint Committee if there are any activities
to be reported;(d)facilitating cooperation among private sectors of the Parties that contributes to the objectivesof this Chapter; and(e)carrying out other functions as may be delegated by the Joint Committee pursuant to
subparagraph 5(b) of Article 23.1.

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3.

The Working Group shall adopt its own rules of procedure and the details of the cooperationreferred to in this Chapter.
4.

The Working Group may, by consensus, invite representatives of relevant entities other thanthe Governments of the Parties with the necessary expertise relevant to the issues to be discussed.

ARTICLE 19.6
Contact points and communications
1.

Each Party shall, upon the entry into force of this Agreement, designate at least one contact

point to facilitate communications between the Parties on any matter relating to this Chapter andnotify the other Party of the contact details including information regarding the relevant officials.
The Parties shall promptly notify each other of any change of those contact details.
2.

The requests relating to this Chapter raised by relevant entities in a Party other than the

Governments of the Parties shall be notified by that Party's contact point to the other Party's contact
point referred to in this Article within a reasonable period of time.
3.

Communications referred to in this Chapter shall be made in English.

ARTICLE 19.7
Relation to other Chapters
1.

Unless otherwise agreed by the Parties, this Chapter does not apply to matters covered by

Chapter 2, 6, 7 or 14.
2.

Nothing in this Chapter shall affect the rights and obligations of either Party under

Chapters 2, 6, 7 and 14.

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ARTICLE 19.8
Dispute settlement
The provisions of this Chapter shall not be subject to dispute settlement under Chapter 22.

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CHAPTER 20
SMALL AND MEDIUM-SIZED ENTERPRISESARTICLE 20.1
Objective
The Parties recognise the importance of the provisions of this Chapter as well as other provisions inthis Agreement that seek to enhance cooperation between the Parties on matters of relevance tosmall and medium-sized enterprises (hereinafter referred to in this Chapter as "SMEs") or that mayotherwise be of particular benefit to SMEs.

ARTICLE 20.2
Cooperation
1.

Recognising that SMEs may require assistance in participating in global markets, the Parties

shall undertake and strengthen cooperation activities to:(a)identify ways to assist SMEs of the Parties to take advantage of the commercial opportunities
under this Agreement; and(b)promote and facilitate trade and investment opportunities for SMEs of the Parties.

2.

Cooperation activities referred to in paragraph 1 may include:(a)promoting cooperation between relevant entities including non-governmental organisations in
the Parties with a view to assisting SMEs;

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(b)developing and promoting seminars including those held through the Internet, workshops orother activities to inform SMEs of the benefits available to them under this Agreement; and(c)exchanging and discussing each Party's experiences and best practices in supporting andassisting SMEs that are exporters with respect to, among other things:(i)training programmes;(ii)

trade education;(iii) trade finance;(iv) identifying commercial partners in the other Party;(v)

establishing good business credentials;(vi) participating and integrating into global supply chains; and(vii) using electronic commerce.
3.

The Parties also recognise that the involvement of the private sector is important in thesecooperation activities.

ARTICLE 20.3
Information sharing
1.

Each Party shall establish or maintain its own publicly accessible website containing

information regarding this Agreement, including:(a)the text of this Agreement, including all Annexes, in particular the tariff schedules andproduct-specific rules of origin;365- 365 -

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(b)a summary of this Agreement; and(c)information designed for SMEs that contains:(i)

a description of the provisions in this Agreement that the Party considers to be relevant
to SMEs; and(ii)

any additional information that the Party considers to be useful for SMEs interested inbenefitting from the opportunities provided by this Agreement.

2.

Each Party shall include in the website referred to in paragraph 1 links to:(a)the equivalent website of the other Party; and(b)

the websites of its government authorities and other appropriate entities that provide
information the Party considers useful to persons interested in trading, investing, or doing
business in that Party.

3.

Each Party shall ensure that the linked websites referred to in subparagraph 2(b) provide

information related to:(a)customs legislation and procedures, as well as a description of the procedures, the practicalsteps, the forms, documents and other information required for importation into, exportation
from, or transit through the customs territory of that Party;(b)laws and regulations, including procedures, concerning intellectual property rights;(c)technical regulations and conformity assessment procedures;(d)sanitary and phytosanitary measures relevant for importation and exportation;(e)publication of notices for government procurement in accordance with Article 10.4 as well asother relevant information;366- 366 -

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(f)business registration procedures;(g)taxes collected during the importation procedures, if applicable; and(h)other information which the Party considers to be useful for SMEs.

4.

Each Party shall include in the website referred to in paragraph 1 a link to a database that is

electronically searchable by tariff nomenclature code and that includes, if the Party considers
applicable, the following information with respect to access to its market:(a)rates of customs duty to be applied by the Party to the originating goods of the other Party, themost-favoured-nation applied rates of customs duty and tariff rate quotas established by the
Party;(b)customs or other fees, including product-specific fees, imposed on or in connection with
importation and exportation;(c)other tariff measures;(d)rules of origin;(e)

duty drawback, deferral or other types of relief that reduce, refund or exempt customs duties;(f)criteria used to determine the customs value of goods;(g)country of origin marking requirements, including placement and method of marking; and(h)other relevant measures.

5.

Each Party shall regularly, or when requested by the other Party, review the information andlinks referred to in paragraphs 1 to 4 to ensure that they are up-to-date and accurate.

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6.

Each Party shall work towards ensuring that information provided pursuant to this Article ispresented in a manner that is easy to use for SMEs. Each Party shall endeavour to make theinformation available in English.
7.

No fee shall be imposed on any person of either Party for access to the information provided

pursuant to paragraphs 1 to 4.

ARTICLE 20.4
SME Contact Points
1.

Each Party shall, upon the entry into force of this Agreement, designate a contact point for the

implementation of this Chapter (hereinafter referred to in this Chapter as "SME Contact Points")
and notify the other Party of the contact details including information regarding the relevant
officials. The Parties shall promptly notify each other of any change of those contact details.
2.

The SME Contact Points shall, in accordance with each Party's rules and procedures, have thefollowing functions:(a)ensuring that the needs of SMEs are taken into account in the implementation of thisAgreement;(b)considering ways for strengthening the cooperation on matters of relevance to SMEs between
the Parties in view of increasing trade and investment opportunities for SMEs;(c)identifying ways and exchanging information for enabling SMEs of each Party to takeadvantage of new opportunities under this Agreement;(d)monitoring the implementation of Article 20.3 and ensuring that the information provided byeach Party is up-to-date and relevant for SMEs;

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(e)regularly submitting a report on their activities and making appropriate recommendations to
the Joint Committee; and(f)considering any other matter of relevance to SMEs that is covered by this Agreement.

3.

The SME Contact Points may, in accordance with each Party's rules and procedures,

recommend to the Joint Committee the inclusion of additional information by the Parties in theirrespective websites referred to in Article 20.3.
4.

The SME Contact Points shall endeavour to address any other matter of interest to SMEs inconnection with the implementation of this Agreement, including by:(a)exchanging information to assist the Parties in monitoring the implementation of thisAgreement on matters of relevance to SMEs;(b)participating in the work of specialised committees and working groups established under thisAgreement, including matters of regulatory cooperation and non-tariff issues, and presenting
to those specialised committees and working groups, in their respective areas of competence,
specific matters of particular interest to SMEs, while avoiding duplication of work; and(c)considering mutually acceptable solutions for improving the ability of SMEs to engage intrade and investment between the Parties.

5.

The SME Contact Points shall meet when necessary and shall carry out their activities

through the appropriate communication channels, which may include electronic mail,videoconference or other means.
6.

The SME Contact Points may seek to cooperate with experts in the field of SMEs andexternal organisations, as appropriate, in carrying out their activities.

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ARTICLE 20.5
Dispute settlement
The provisions of this Chapter shall not be subject to dispute settlement under Chapter 22.

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CHAPTER 21
TRADE AND WOMEN'S ECONOMIC EMPOWERMENTARTICLE 21.1
Women and the economy
1.

The Parties recognise the importance of enhancing opportunities for women within theirterritories, including workers and business owners, to participate equitably in the domestic andglobal economy.
2.

The Parties further recognise the benefit of sharing their diverse experiences in designing,

implementing and strengthening programmes to reduce the systemic barriers which may exist for
women in international trade and which prevent them from participating equitably in the domestic
and global economy.

ARTICLE 21.2
Cooperation activities
The Parties shall consider undertaking cooperation activities aimed at enhancing the ability ofwomen, including workers and business owners, to fully access and benefit from the opportunities
created by this Agreement. These activities may include providing advice or training, andexchanging information and experience on:(a)programmes aimed at improving the access of women to markets, technology and financing;(b)development of women's leadership and business networks;371- 371 -

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(c)identification of best practices related to workplace flexibility; and(d)activities related to the Joint Declaration on Trade and Women's Economic Empowerment on
the Occasion of the WTO Ministerial Conference in Buenos Aires in December 2017.

ARTICLE 21.3
Working Group on Trade and Women's Economic Empowerment
1.

The Working Group on Trade and Women's Economic Empowerment established pursuant to

Article 23.4 shall be responsible for furthering shared objectives of enhancing the ability of women
to fully access and benefit from the opportunities created by trade, for implementing cooperation
activities referred to in Article 21.2, ensuring that the development of such activities is carried out
with the inclusive participation of women, and for providing opportunity for monitoring and review
as may be agreed by the Parties.
2.

The Working Group on Trade and Women's Economic Empowerment shall meet at suchtimes and venues, or by such means, as may be agreed by the Parties.

ARTICLE 21.4
Dispute settlement
The provisions of this Chapter shall not be subject to dispute settlement under Chapter 22.

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CHAPTER 22
DISPUTE SETTLEMENTSECTION A
Objective, scope and definitions

ARTICLE 22.1
Objective
The objective of this Chapter is to establish an effective and efficient mechanism for settling
disputes between the Parties concerning the interpretation and application of the provisions of thisAgreement with a view to reaching a mutually agreed solution.

ARTICLE 22.2
Scope
Unless otherwise provided for in this Agreement, this Chapter applies with respect to the settlementof any dispute between the Parties concerning the interpretation and application of the provisions of
this Agreement.

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ARTICLE 22.3
Definitions
For the purposes of this Chapter:(a)"arbitrator" means a member of a panel;(b)"cases of urgency" and "matters of urgency" include those which concern goods or services
that rapidly lose their quality, current condition or commercial value in a short period of time;(c)"Code of Conduct" means the Code of Conduct for Arbitrators referred to in Article 22.30;(d)"complaining Party" means the Party that requests the establishment of a panel pursuant to
Article 22.7;(e)"covered provisions" means the provisions of this Agreement covered by this Chapter inaccordance with Article 22.2;(f)"DSB" means the Dispute Settlement Body of the WTO;(g)"panel" means a panel established pursuant to Article 22.7;(h)"Party complained against" means the Party against which a dispute has been brought before apanel pursuant to Article 22.7; and(i)"Rules of Procedure" means the Rules of Procedure of a Panel referred to in Article 22.30.

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SECTION B
Consultations and mediation

ARTICLE 22.4
Request for information
Before a request for consultations or mediation is made pursuant to Article 22.5 or 22.6
respectively, a Party may request in writing any relevant information with respect to a measure atissue. The Party to which that request is made shall make all efforts to provide the requested
information in a written response to be submitted no later than 20 days after the date of receipt of
the request.

ARTICLE 22.5
Consultations
1.

The Parties shall endeavour to resolve any dispute referred to in Article 22.2 throughconsultations in good faith with a view to reaching a mutually agreed solution.
2.

A Party may seek consultations by means of a written request to the other Party. In the request

for consultations, the Party which requested consultations shall give the reasons for the request,
including identification of the measure at issue and an indication of its factual basis and its legal
basis specifying the relevant covered provisions.
3.

During consultations each Party shall provide sufficient information to enable a full

examination of the measure at issue including how that measure could affect the operation andapplication of this Agreement.

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4.

The Party to which the request for consultations is made shall reply to the request no later

than 10 days after the date of receipt of the request. The Parties shall enter into consultations nolater than 30 days after the date of receipt of the request. Consultations shall be deemed to beconcluded no later than 45 days after the date of receipt of the request unless the Parties agree
otherwise. Where both Parties consider that the case concerns matters of urgency, consultations
shall be deemed to be concluded no later than 25 days after the date of receipt of the request unlessthe Parties agree otherwise.
5.

Consultations may be held in person or by any other means of communication agreed by theParties. Unless the Parties agree otherwise, consultations, if held in person, shall take place in the
Party to which the request is made.
6.

Consultations, including all information disclosed and positions taken by the Parties during

those proceedings, shall be confidential and without prejudice to the rights of either Party in any
further proceedings.

ARTICLE 22.6
Mediation
1.

A Party may at any time request the other Party to enter into a mediation procedure withrespect to any matter within the scope of this Chapter concerning a measure that adversely affects
trade or investment between the Parties.
2.

The Parties may at any time agree to enter into a mediation procedure which shall be initiated,conducted and terminated in accordance with the Mediation Procedure to be adopted by the Joint
Committee at its first meeting pursuant to subparagraph 4(f) of Article 23.1.
3.

If the Parties agree, the mediation procedure may continue while the panel procedures set out

in Section C proceed.

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SECTION C
Panel procedure

ARTICLE 22.7
Establishment of a panel
1.

The Party that sought consultations pursuant to Article 22.5 may request the establishment ofa panel if:(a)the other Party does not respond to the request for consultations within 10 days after the dateof its receipt, or does not enter into consultations within 30 days after the date of receipt of therequest;(b)

the Parties agree not to enter into consultations; or(c)the Parties fail to resolve the dispute through consultations within 45 days, or within 25 daysin cases of urgency, after the date of receipt of the request for consultations, unless the Parties
agree otherwise.

2.

The request for the establishment of a panel pursuant to paragraph 1 shall be made in writing

to the Party complained against. In its complaint, the complaining Party shall explicitly identify:(a)the measure at issue;(b)

the legal basis specifying the relevant covered provisions in such a manner as to clearlypresent how such measure is inconsistent with those provisions; and(c)the factual basis.

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ARTICLE 22.8
Composition of a panel
1.

A panel shall be composed of three arbitrators.

2.

No later than 10 days after the date of receipt of the request for the establishment of a panelby the Party complained against, the Parties shall consult with a view to reaching an agreement on
the composition of the panel.
3.

If the Parties do not reach an agreement on the composition of the panel within the time

period provided for in paragraph 2, each Party shall appoint an arbitrator from the sub-list for that
Party established pursuant to Article 22.9 no later than five days after the expiry of the time period
provided for in paragraph 2. If a Party fails to appoint an arbitrator within that time period, theCo-chair of the Joint Committee from the complaining Party shall select by lot, no later than fivedays after the expiry of the time period, an arbitrator from the sub-list for the Party that has failed toappoint an arbitrator established pursuant to Article 22.9. The Co-chair of the Joint Committee fromthe complaining Party may delegate the selection by lot of the arbitrator to his or her representative.
4.

If the Parties do not reach an agreement on the chairperson of the panel within the time period

provided for in paragraph 2, on request of a Party, the Co-chair of the Joint Committee from thecomplaining Party shall select by lot, no later than five days after the date of delivery of the request,
the chairperson of the panel from the sub-list of chairpersons established pursuant to Article 22.9.
That request shall be notified simultaneously to the other Party. The Co-chair of the Joint
Committee from the complaining Party may delegate the selection by lot of the chairperson of thepanel to his or her representative.
5.

Should the lists provided for in Article 22.9 not be established or not contain at least nine

individuals as referred to in that Article, the following procedures apply:(a)for the selection of the chairperson:378- 378 -

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(i)if the sub-list of chairpersons contains at least two individuals agreed by the Parties, theCo-chair of the Joint Committee from the complaining Party shall select by lot thechairperson from those individuals no later than five days after the date of delivery of
the request referred to in paragraph 4;(ii)

if the sub-list of chairpersons contains one individual agreed by the Parties, that
individual shall act as chairperson; or(iii) if the Parties fail to select a chairperson pursuant to subparagraph (i) or (ii) or if the
sub-list of chairpersons contains no individual agreed by the Parties, the Co-chair of the
Joint Committee from the complaining Party shall, no later than five days after the dateof delivery of the request referred to in paragraph 4, select by lot the chairperson fromthe individuals who had been formally proposed by a Party as chairperson at the time ofestablishing or updating the list of arbitrators referred to in Article 22.9. A Party may
propose a new individual, if an individual who had been formally proposed aschairperson by that Party is no longer available; and(b)for the selection of an arbitrator other than the chairperson:(i)if the sub-list of a Party contains at least two individuals agreed by the Parties, that
Party shall select an arbitrator from those individuals no later than five days after the
expiry of the time period provided in paragraph 2;(ii)

if the sub-list of a Party contains one individual agreed by the Parties, that individual
shall act as an arbitrator; or(iii) if an arbitrator cannot be selected pursuant to subparagraph (i) or (ii) or if the sub-list ofarbitrators of a Party contains no individual agreed by the Parties, the Co-chair of the
Joint Committee from the complaining Party shall select an arbitrator applying
mutatis mutandis the procedure referred to in subparagraph (a).
6.

The date of establishment of the panel shall be the date on which the last of the threearbitrators has notified to the Parties the acceptance of his or her appointment.

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ARTICLE 22.9
List of arbitrators
1.

The Joint Committee shall, at its first meeting pursuant to paragraph 2 of Article 23.1,

establish a list of at least nine individuals who are willing and able to serve as arbitrators. The list
shall be composed of three sub-lists: a sub-list for each Party and a sub-list of individuals who are
not nationals of either Party and who shall act as the chairperson of the panel. Each sub-list shall
include at least three individuals. For the establishment or an update of the sub-list of chairpersons,each Party may propose up to three individuals. The Joint Committee will ensure that the number ofindividuals on the list of arbitrators is always maintained at the level required by this paragraph.
2.

The Joint Committee may establish an additional list, consisting of individuals withdemonstrated expertise in specific sectors covered by this Agreement, which may be used tocompose the panel.

ARTICLE 22.10
Qualifications of arbitrators
All arbitrators shall:(a)have demonstrated expertise in law and either international trade or other matters covered bythis Agreement and, in case of a chairperson, also have experience in arbitration proceedings;(b)be independent of, and not be affiliated with or take instructions from, either Party;(c)serve in their individual capacities and not take instructions from any organisation or
government with regard to matters related to the dispute; and(d)comply with the Code of Conduct.

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ARTICLE 22.11
Replacement of arbitrators
If in arbitration proceedings under this Chapter, any of the arbitrators of the original panel is unable
to participate, withdraws, or needs to be replaced because that arbitrator does not comply with therequirements of the Code of Conduct, the procedure set out in Article 22.8 shall apply.

ARTICLE 22.12
Functions of panels
The panel established pursuant to Article 22.7:(a)shall make an objective assessment of the matter before it, including an objective assessmentof the facts of the case and the applicability of, and conformity of the measures at issue with,the covered provisions;(b)shall set out, in its decisions, the findings of fact and law and the rationale behind any findings
and conclusions that it makes; and(c)should consult regularly with the Parties and provide adequate opportunities for achieving amutually agreed solution.

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ARTICLE 22.13
Terms of reference
1.

Unless the Parties agree otherwise no later than 10 days after the date of the establishment of

the panel, the terms of reference of the panel shall be:"to examine, in the light of the relevant covered provisions of this Agreement cited by the Parties,
the matter referred to in the request for the establishment of the panel, to decide on the conformityof the measure at issue with the relevant covered provisions of this Agreement and to issue a reportin accordance with Articles 22.18 and 22.19".
2.

If the Parties agree on other terms of reference than those referred to in paragraph 1, they shallnotify the agreed terms of reference to the panel no later than three days after their agreement.

ARTICLE 22.14
Decision on urgency
If a Party so requests, the panel shall decide, no later than 15 days after the date of its establishment,
whether a dispute concerns matters of urgency.

ARTICLE 22.15
Panel proceedings
1.

Any hearing of the panel shall be open to the public unless the Parties agree otherwise or thesubmissions and arguments of a Party contain confidential information. Hearings held in closed
session shall be confidential.
2.

Unless the Parties agree otherwise, the venue shall alternate between the Parties with the firsthearing to be held in the Party complained against.
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3.

The panel and the Parties shall treat as confidential any information submitted by a Party tothe panel which that Party has designated as confidential. Where that Party submits a confidential
version of its written submissions to the panel, it shall also, on request of the other Party, provide a
non-confidential summary of the information contained in its submissions that could be disclosed tothe public with an explanation as to why the non-disclosed information is confidential.
4.

The deliberations of the panel shall be kept confidential.

5.

The Parties shall be given the opportunity to attend any of the presentations, statements,

arguments or rebuttals in the proceedings. The Parties shall make available to each other any
information or written submissions submitted to the panel, including any comments on thedescriptive part of the interim report, responses to questions of the panel and written comments on
those responses.
6.

The interim report and the final report shall be drafted without the presence of the Parties, andin light of the information provided and the statements made. The arbitrators shall assume full
responsibility for the drafting of the reports and shall not delegate this responsibility to any otherperson.
7.

The panel shall attempt to make its decisions, including its final report, by consensus. It may

also make its decisions, including its final report, by majority vote where a decision cannot be
arrived at by consensus. Dissenting opinions of arbitrators shall not be published.
8.

The decisions of the panel shall be final and binding on the Parties. They shall be

unconditionally accepted by the Parties. They shall not add to or diminish the rights and obligationsof the Parties under this Agreement. They shall not be construed as creating rights for andobligations on persons.

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ARTICLE 22.16
Rules of interpretation
The panel shall interpret the covered provisions in accordance with customary rules ofinterpretation of public international law including those codified in the Vienna Convention on the
Law of Treaties. The panel shall also take into account relevant interpretations in panel andAppellate Body reports adopted by the DSB.

ARTICLE 22.17
Receipt of information
1.

On request of a Party, or on its own initiative, the panel may seek from the Parties relevant

information it considers necessary and appropriate. The Parties shall respond promptly and fully to
any request by the panel for information.
2.

On request of a Party, or on its own initiative, the panel may seek from any source any

information, including confidential information, it considers appropriate. The panel also has theright to seek the opinion of experts as it considers appropriate.
3.

Natural persons of a Party or legal persons established in a Party may submit amicus curiae

briefs to the panel in accordance with the Rules of Procedure.
4.

Any information obtained by the panel under this Article shall be made available to theParties and the Parties may submit comments on that information to the panel.

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ARTICLE 22.18
Interim report
1.

The panel shall issue an interim report to the Parties setting out a descriptive part and its

findings and conclusions no later than 120 days after the date of its establishment in a mannerenabling the Parties to review it. When the panel considers that this deadline cannot be met, thechairperson of the panel shall notify the Parties in writing, stating the reasons for the delay and thedate on which the panel plans to issue its interim report. Under no circumstances shall the delay
exceed 30 days after the deadline.
2.

Each Party may submit to the panel written comments and a written request to review precise

aspects of the interim report no later than 15 days after the date of issuance of the interim report.
After considering any written comments and requests by each Party on the interim report, the panel
may modify the interim report and make any further examination it considers appropriate.
3.

In cases of urgency,(a)the panel shall make every effort to issue its interim report no later than 60 days after the dateof its establishment and shall in no circumstances issue the interim report later than 75 days
after the date of its establishment; and(b)each Party may submit to the panel written comments and a written request to review precise
aspects of the interim report no later than seven days after the date of issuance of the interim
report.

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ARTICLE 22.19
Final report
1.

The panel shall issue its final report to the Parties no later than 30 days after the date ofissuance of the interim report. When the panel considers that this deadline cannot be met, thechairperson of the panel shall notify the Parties in writing, stating the reasons for the delay and thedate on which the panel plans to issue its final report. Under no circumstances shall the delay
exceed 30 days after the deadline.
2.

In cases of urgency, the panel shall make every effort to issue its final report no later than

15 days after the date of issuance of the interim report and shall in no circumstances issue the final
report later than 30 days after the date of issuance of the interim report.
3.

The final report shall include an adequate discussion of any written comments and requests

made by the Parties on the interim report. The panel may, in its final report, suggest ways in which
the final report could be implemented.
4.

The Parties shall make the final report publicly available in its entirety no later than 10 days

after the date of its issuance unless they decide, in order to protect confidential information, topublish the final report only in parts, or not to publish the final report.

ARTICLE 22.20
Compliance with the final report
1.

The Party complained against shall take any measure necessary to comply promptly and ingood faith with the final report issued pursuant to Article 22.19.

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2.

The Party complained against shall, no later than 30 days after the date of issuance of the final

report, notify the complaining Party of the length of the reasonable period of time for compliancewith the final report and the Parties shall endeavour to agree on the reasonable period of timerequired for compliance. If there is disagreement between the Parties on the length of the reasonable
period of time, the complaining Party may, no later than 20 days after the date of receipt of thenotification made in accordance with this paragraph by the Party complained against, request in
writing the original panel to determine the length of the reasonable period of time. Such request
shall be notified simultaneously to the Party complained against. The original panel shall notify its
determination to the Parties no later than 30 days after the date of submission of the request.
3.

The length of the reasonable period of time for compliance with the final report may be

extended by mutual agreement of the Parties.
4.

The Party complained against shall inform the complaining Party in writing of its progress tocomply with the final report at least one month before the expiry of the reasonable period of time
for compliance with the final report unless the Parties agree otherwise.

ARTICLE 22.21
Compliance review
1.

The Party complained against shall, no later than the date of expiry of the reasonable period oftime for compliance with the final report, notify the complaining Party of any measures taken tocomply with the final report.
2.

Where there is disagreement on the existence of measures taken to comply with the final

report, or their consistency with the covered provisions, the complaining Party may request in
writing the original panel to examine the matter. That request shall be notified simultaneously to theParty complained against.
3.

The request referred to in paragraph 2 shall provide the factual and legal basis for thecomplaint, including the specific measures at issue, in such a manner as to clearly present how suchmeasures are inconsistent with the relevant covered provisions.
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4.

The panel shall notify its decision to the Parties no later than 90 days after the date of referralof the matter.

ARTICLE 22.22
Temporary remedies in case of non-compliance1.

The Party complained against shall, on request of the complaining Party, enter into

consultations with a view to agreeing on a mutually satisfactory compensation or any alternative
arrangement if:(a)in accordance with Article 22.21 the original panel finds that the measures taken to comply
with the final report as notified by the Party complained against are inconsistent with therelevant covered provisions;(b)the Party complained against fails to notify any measure taken to comply with the final report
before the expiry of the reasonable period of time determined in accordance with paragraph 2
of Article 22.20; or(c)the Party complained against notifies the complaining Party that it is impracticable to comply
with the final report within the reasonable period of time determined in accordance withparagraph 2 of Article 22.20.

2.

If the complaining Party decides not to make a request in accordance with paragraph 1 in thecase where any of the conditions in subparagraphs 1(a) to (c) are met or if a request is made and no
mutually satisfactory compensation nor any alternative arrangement has been agreed within 20 days
after the date of receipt of the request made in accordance with paragraph 1, the complaining Party
may notify the Party complained against in writing that it intends to suspend the application to theParty complained against of concessions or other obligations under the covered provisions. The
notification shall specify the level of intended suspension of concessions or other obligations.

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3.

The complaining Party shall have the right to implement the suspension of concessions orother obligations referred to in the preceding paragraph 15 days after the date of receipt of thenotification by the Party complained against, unless the Party complained against has requested
arbitration in accordance with paragraph 6.
4.

The suspension of concessions or other obligations:(a)shall be at a level equivalent to the nullification or impairment that is caused by the failure of
the Party complained against to comply with the final report; and(b)

may be applied to sectors that are subject to dispute settlement in accordance with
Article 22.2 other than the sector or sectors in which the panel has found nullification or
impairment, in particular if the complaining Party is of the view that such suspension iseffective in inducing compliance.

5.

The suspension of concessions or other obligations or the compensation or any alternative

arrangement referred to in this Article shall be temporary and shall only apply until theinconsistency of the measure with the relevant covered provisions which has been found in the final
report has been removed, or until the Parties have agreed on a mutually satisfactory compensationor any alternative arrangement.
6.

If the Party complained against considers that the suspension of concessions or otherobligations does not comply with paragraph 4, that Party may request in writing the original panel
to examine the matter no later than 15 days after the date of receipt of the notification referred to inparagraph 2. That request shall be notified simultaneously to the complaining Party. The original
panel shall notify to the Parties its decision on the matter no later than 30 days after the date ofsubmission of the request. Concessions or other obligations shall not be suspended until the original
panel has notified its decision. The suspension of concessions or other obligations shall beconsistent with the decision.

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ARTICLE 22.23
Compliance review after the adoption of temporary remedies
1.

Upon the notification by the Party complained against to the complaining Party of themeasure taken to comply with the final report:(a)

in a situation where the right to suspend concessions or other obligations has been exercisedby the complaining Party in accordance with Article 22.22, the complaining Party shallterminate the suspension of concessions or other obligations no later than 30 days after thedate of receipt of the notification, with the exception of the cases referred to in paragraph 2; or(b)in a situation where mutually satisfactory compensation or an alternative arrangement has
been agreed, the Party complained against may terminate the application of suchcompensation or arrangement no later than 30 days after the date of receipt of the notification,with the exception of the cases referred to in paragraph 2.

2.

If the Parties do not reach an agreement on whether the measure notified in accordance withparagraph 1 is consistent with the relevant covered provisions within 30 days after the date ofreceipt of the notification, the complaining Party shall request in writing the original panel toexamine the matter. That request shall be notified simultaneously to the Party complained against.
The decision of the panel shall be notified to the Parties no later than 45 days after the date ofsubmission of the request. If the panel decides that the measure notified in accordance withparagraph 1 is consistent with the relevant covered provisions, the suspension of concessions orother obligations, or the application of the compensation or alternative arrangement, shall beterminated no later than 15 days after the date of the decision. Where relevant, the level ofsuspension of concessions or other obligations, or of the compensation or alternative arrangement,
shall be adapted in light of the decision of the panel.

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ARTICLE 22.24
Suspension and termination of proceedings
On the joint request of the Parties, the panel shall suspend at any time the proceedings for a period
agreed by the Parties not exceeding 12 consecutive months. In the event of such suspension, therelevant time periods shall be extended by the period of time for which the proceedings of the panel
were suspended. The panel shall resume the proceedings at any time upon the joint request of theParties or at the end of the agreed suspension period on the written request of a Party. The request
shall be notified to the chairperson of the panel, as well as to the other Party, where applicable. If
the proceedings of the panel have been suspended for more than 12 consecutive months, theauthority for establishment of the panel shall lapse and the proceedings of the panel shall beterminated. The Parties may agree at any time to terminate the proceedings of the panel. The Parties
shall jointly notify such agreement to the chairperson of the panel.

SECTION D
General provisions

ARTICLE 22.25
Administration of the dispute settlement procedure
1.

Each Party shall:(a)designate an office which shall be responsible for the administration of the dispute settlement
procedure under this Chapter;(b)

be responsible for the operation and costs of its designated office; and(c)notify the other Party in writing of the office's location and contact information no later than
three months after the date of entry into force of this Agreement.
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2.

Notwithstanding paragraph 1, the Parties may agree to jointly entrust an external body with

providing support for certain administrative tasks for the dispute settlement procedure under this
Chapter.

ARTICLE 22.26
Mutually agreed solution
1.

The Parties may reach a mutually agreed solution at any time with respect to any disputereferred to in Article 22.2.
2.

If a mutually agreed solution is reached during panel proceedings or a mediation procedure,

the Parties shall jointly notify the agreed solution to the chairperson of the panel or the mediator.
Upon such notification, the panel proceedings or the mediation procedure shall be terminated.
3.

Each Party shall take the measures necessary to implement the mutually agreed solution

within the agreed time period.
4.

No later than the date of expiry of the agreed time period, the implementing Party shall informthe other Party in writing of any measures it has taken to implement the mutually agreed solution.

ARTICLE 22.27
Choice of forum
1.

Where a dispute arises with regard to the alleged inconsistency of a particular measure withan obligation under this Agreement and a substantially equivalent obligation under any otherinternational agreement to which both Parties are party, including the WTO Agreement, thecomplaining Party may select the forum in which to settle the dispute.

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2.

Once a Party has selected the forum and initiated dispute settlement proceedings under this

Chapter or under the other international agreement with respect to the particular measure referred toin paragraph 1, that Party shall not initiate dispute settlement proceedings in another forum withrespect to that particular measure unless the forum selected first fails to make findings on the issues
in dispute for jurisdictional or procedural reasons.
3.

For the purpose of paragraph 2:(a)dispute settlement proceedings under this Chapter are deemed to be initiated when a Party
requests the establishment of a panel in accordance with paragraph 1 of Article 22.7;(b)dispute settlement proceedings under the WTO Agreement are deemed to be initiated when a
Party requests the establishment of a panel in accordance with Article 6 of the DSU; and(c)dispute settlement proceedings under any other agreement are deemed to be initiated when a
Party requests the establishment of a dispute settlement panel in accordance with the relevant
provisions of that agreement.

4.

Nothing in this Agreement shall preclude a Party from implementing the suspension ofconcessions or other obligations authorised by the DSB. A Party shall not invoke the WTO
Agreement to preclude the other Party from suspending concessions or other obligations under thecovered provisions.

ARTICLE 22.28
Time period1.

All time periods provided for in this Chapter shall be counted from the date following the act

or fact to which they refer.

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2.

Any time period referred to in this Chapter may be modified for a particular dispute byagreement of the Parties. The panel may at any time propose to the Parties to modify any time
period referred to in this Chapter, stating the reasons for the proposal. On request of a Party, thepanel shall decide whether to modify the time period referred to in paragraph 2 andsubparagraph 3(b) of Article 22.18, stating the reasons for its decision, inter alia, in view of thecomplexity of the particular dispute.

ARTICLE 22.29
Expenses
Unless the Parties agree otherwise, the expenses of the panel, including the remuneration of its
arbitrators, shall be borne by the Parties in equal shares in accordance with the Rules of Procedure.

ARTICLE 22.30
Rules of Procedure and Code of Conduct
The panel proceedings provided for in this Chapter shall be conducted in accordance with the Rulesof Procedure of a Panel and the Code of Conduct for Arbitrators, to be adopted by the Joint
Committee at its first meeting pursuant to subparagraph 4(f) of Article 23.1.

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CHAPTER 23
INSTITUTIONAL PROVISIONSARTICLE 23.1
Joint Committee
1.

The Parties hereby establish a Joint Committee comprising representatives of the Parties.

2.

The Joint Committee shall hold its first meeting within one year of the date of entry into forceof this Agreement. Thereafter, the Joint Committee shall, unless otherwise agreed by the
representatives of the Parties, meet once a year, or in urgent cases on request of either Party. The
Joint Committee may meet in person or by other means, as agreed by the representatives of theParties.
3.

The meetings of the Joint Committee shall take place in the United Kingdom or Japan

alternately, unless otherwise agreed by the representatives of the Parties. The Joint Committee shallbe co-chaired by the representatives of the Parties at a ministerial level responsible for mattersunder this Agreement, or their respective delegates.
4.

In order to ensure that this Agreement operates properly and effectively, the Joint Committee

shall:(a)review and monitor the implementation and operation of this Agreement and, if necessary,
make appropriate recommendations to the Parties;(b)

supervise and coordinate, as appropriate, the work of all specialised committees, working
groups and other bodies established under this Agreement, and recommend to them any
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(c)without prejudice to Chapter 22, seek to solve problems that may arise under this Agreement
or resolve disputes that may arise regarding the interpretation or application of thisAgreement;(d)consider any other matter of interest under this Agreement as the representatives of the Parties
may agree;(e)adopt at its first meeting its rules of procedure; and(f)adopt at its first meeting the Rules of Procedure of a Panel and the Code of Conduct for
Arbitrators as referred to in Article 22.30, as well as the Mediation Procedure as referred to inparagraph 2 of Article 22.6.

5.

In order to ensure that this Agreement operates properly and effectively, the Joint Committee

may:
(a)

establish or dissolve specialised committees, working groups or other bodies, other than thosereferred to in Articles 23.3 and 23.4, and determine their composition, function and tasks;(b)

allocate responsibilities to specialised committees, working groups or other bodies;(c)

provide information on issues falling within the scope of this Agreement to the public;(d)

recommend to the Parties any amendments to this Agreement or adopt decisions to amend thisAgreement in instances specifically provided for in paragraph 4 of Article 24.2;(e)adopt interpretations of the provisions of this Agreement, which shall be binding on theParties and all specialised committees, working groups and other bodies set up under thisAgreement, including panels established under Chapter 22; and(f)take any other action in the exercise of its functions as the Parties may agree.

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ARTICLE 23.2
Decisions and recommendations of the Joint Committee
1.

The Joint Committee may take decisions where provided for in this Agreement. The decisions

taken shall be binding on the Parties. Each Party shall take the measures necessary to implement thedecisions taken.
2.

The Joint Committee may make recommendations relevant for the implementation andoperation of this Agreement.
3.

All decisions and recommendations of the Joint Committee shall be taken by consensus andmay be adopted by meeting in person, in writing or by other means.

ARTICLE 23.3
Specialised committees
1.

The following specialised committees are hereby established under the auspices of the Joint

Committee:(a)the Committee on Trade in Goods;(b)

the Committee on Rules of Origin and Customs-Related Matters;(c)the Committee on Sanitary and Phytosanitary Measures;(d)the Committee on Technical Barriers to Trade;(e)the Committee on Trade in Services, Investment Liberalisation and Electronic Commerce;(f)

the Committee on Government Procurement;397- 397 -

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(g)the Committee on Intellectual Property;(h)the Committee on Trade and Sustainable Development; and(i)the Committee on Regulatory Cooperation.

2.

The responsibilities and functions of the specialised committees referred to in paragraph 1 aredefined, as appropriate, in the relevant Chapters of this Agreement and can be modified by adecision of the Joint Committee but their responsibilities shall remain within the scope of the
Chapters for the implementation and operation of which they are responsible.
3.

Unless otherwise provided for in this Agreement, the specialised committees shall:(a)meet once a year, unless otherwise agreed by the representatives of the Parties to thespecialised committees, or on request of a Party or of the Joint Committee;(b)

be composed of the representatives of the Parties;(c)be co-chaired by the representatives of the Parties at an appropriate level;(d)hold their meetings in the United Kingdom or Japan alternately, unless otherwise agreed by
the representatives of the Parties to the specialised committees, or by any other appropriate
means of communication;(e)agree on their meeting schedules and set their agenda by consensus; and(f)take all decisions and make recommendations by consensus by meeting in person, in writing
or by other means.

4.

The specialised committees may adopt their rules of procedure. As long as they do not adopt

their rules of procedure, the rules of procedure for the Joint Committee apply mutatis mutandis.
5.

The specialised committees may submit proposals for decisions to be adopted by the Joint

Committee or take decisions in accordance with the relevant provisions of this Agreement.
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6.

On request of a Party or on referral from a relevant specialised committee, the Joint

Committee may address matters that have not been resolved by the relevant specialised committee.
7.

Each specialised committee shall inform the Joint Committee of the schedules and agenda ofits meetings sufficiently in advance and shall report to the Joint Committee on results andconclusions from each of its meetings.
8.

The existence of a specialised committee shall not prevent a Party from bringing any matterdirectly to the Joint Committee.

ARTICLE 23.4
Working groups
1.

The Working Group on Wine and the Working Group on Motor Vehicles and Parts are hereby

established under the auspices of the Committee on Trade in Goods. The responsibilities andfunctions of these working groups are defined in Article 2.34 and Article 20 of Annex 2-C.
2.

The following working groups are hereby established under the auspices of the Joint

Committee:(a)the Working Group on Cooperation in the Field of Agriculture, the responsibilities andfunctions of which are defined in Article 19.5; and(b)

the Working Group on Trade and Women's Economic Empowerment, the responsibilities ofwhich are defined in Article 21.3.

3.

The following working groups may be established in accordance with relevant Chapters:(a)ad hoc working groups under the auspices of the Committee on Sanitary and Phytosanitary
Measures;399- 399 -

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(b)ad hoc technical working groups under the auspices of the Committee on Technical Barriers
to Trade;(c)

ad hoc working groups under the auspices of the Committee on Regulatory Cooperation; and(d)an Animal Welfare Technical Working Group under the auspices of the Joint Committee.

4.

Unless otherwise provided for in this Agreement or unless otherwise agreed by the

representatives of the Parties to the working groups, the working groups shall:(a)meet once a year, or on request of a Party or of the Joint Committee;(b)

be co-chaired by the representatives of the Parties at an appropriate level;(c)hold their meetings alternately in the United Kingdom or Japan, or by any other appropriate
means of communication as agreed between the representatives of the Parties to the working
groups;(d)agree on their meeting schedules and set their agenda by consensus; and(e)take all decisions and make recommendations by consensus by meetingin person, in writing or by other means.

5.

The working groups may adopt their rules of procedure. As long as they do not adopt theirrules of procedure, the rules of procedure of the Joint Committee apply mutatis mutandis.
6.

Each working group shall inform the relevant specialised committees or the Joint Committee,

as appropriate, of the schedules and agenda of its meetings sufficiently in advance and shall reporton its activities at each meeting of the relevant specialised committees or the Joint Committee, as
appropriate.
7.

The existence of a working group shall not prevent a Party from bringing any matter directly

to the Joint Committee or the relevant specialised committees.

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ARTICLE 23.5
Work of specialised committees, working groups and other bodies
In carrying out their functions, the specialised committees, working groups and other bodies
established under this Agreement shall avoid duplication of their work.

ARTICLE 23.6
Contact points
1.

Each Party shall, upon the entry into force of this Agreement, designate a contact point for the

implementation of this Agreement and notify the other Party of the contact details including
information regarding the relevant officials. The Parties shall promptly notify each other of any
change of those contact details.
2.

The contact points shall:(a)deliver and receive, unless otherwise provided for in this Agreement, all notifications andinformation to be provided between the Parties pursuant to this Agreement;(b)facilitate any other communications between the Parties on any matter relating to thisAgreement; and(c)coordinate preparations for the meetings of the Joint Committee.

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CHAPTER 24
FINAL PROVISIONSARTICLE 24.1
General review
Without prejudice to the provisions concerning review in other Chapters, the Parties shall undertakea general review of the implementation and operation of this Agreement in the 10th year following
the date of entry into force of this Agreement, or at such times as may be agreed by the Parties.

ARTICLE 24.2
Amendments
1.

This Agreement may be amended by agreement between the Parties.

2.

Such amendments shall enter into force on the first day of the second month, or on such later

date as may be agreed by the Parties, following the date on which the Parties notify each other that
their respective applicable legal requirements and procedures for entry into force of such
amendments have been completed. The Parties shall make such notification through an exchange of
diplomatic notes between the Governments of the Parties.
3.

In accordance with the respective domestic legal procedures of the Parties, the Joint

Committee may adopt decisions to amend this Agreement in the instances referred to in paragraph4. Notwithstanding paragraph 2, such amendments shall enter into force by an exchange of
diplomatic notes between the Governments of the Parties, unless otherwise agreed by the Parties.

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4.

Paragraph 3 shall apply to:(a)Annex 2-A, provided that the amendments are made in accordance with the amendment of theHarmonized System and include no change on the rates of customs duty to be applied by a
Party to the originating goods of the other Party in accordance with Annex 2-A;(b)

Annex 2-C, Appendices 2-C-1 and 2-C-2;(c)Annex 2-D;(d)Annex 2-E;(e)

Chapter 3, Annexes 3-A to 3-E and Appendix 3-B-1;(f)Annex 10;(g)Annex 14-A;(h)Annex 14-B; and(i)provisions of this Agreement referring to provisions of international agreements orincorporating them into this Agreement, in case of amendments or successor agreements
thereto.

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ARTICLE 24.3
Entry into force
This Agreement shall enter into force on the date to be agreed upon by the Parties after thecompletion of their respective applicable legal requirements and procedures for the entry into forceof this Agreement. Such date shall be no sooner than the date on which the EU-Japan EPA ceases toapply to the United Kingdom and shall be identified in an exchange of diplomatic notes between the
Governments of the Parties, which notifies each other of the aforementioned completion.

ARTICLE 24.4
Termination
1.

This Agreement shall remain in force unless terminated pursuant to paragraph 2.

2.

Either Party may notify in writing the other Party of its intention to terminate this Agreement.

The termination shall take effect six months after the date of receipt by the other Party of thenotification, unless otherwise agreed by the Parties.

ARTICLE 24.5
No direct effect on persons
Nothing in this Agreement shall be construed as conferring rights or imposing obligations on
persons, without prejudice to the rights and obligations of persons under other public international
law.

404
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ARTICLE 24.6
Annexes, appendices, protocol and footnotes
The Annexes, Appendices and Protocol on Mutual Recognition to this Agreement shall form an
integral part of this Agreement. For greater certainty, the footnotes shall also form an integral partof this Agreement.

ARTICLE 24.7
Authentic texts
This Agreement is drawn up in duplicate in the English and Japanese languages, both texts being
equally authentic, except for Part 2 of Annex 2-A, Schedules of the United Kingdom in Annexes I
to IV to Annex 8-B and Section A of Part 2 of Annex 10, which are drawn up in duplicate in the
English language.
IN WITNESS WHEREOF, the undersigned, duly authorised to this effect, have signed thisAgreement.
DONE at Tokyo on the twenty-third day of October in the year two thousand and twenty.
For the United Kingdom

For Japan:of Great Britain
and Northern Ireland:
Liz Truss

MOTEGI Toshimitsu- 405 -

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ANNEX 2-A

TARIFF ELIMINATION AND REDUCTION

PART 1
General notes
1.

For the purposes of Article 2.8, each Party shall entirely eliminate customs duties on
originating goods of the other Party on the date of entry into force of this Agreement, unlessotherwise provided for in this Annex.

2.

For the purposes of this Annex, "year" means:(a)in the case of Part 2, with respect to the first year, the period from the date of entry into
force of this Agreement until the following 31 January and, with respect to eachsubsequent year, the 12-month period starting on 1 February of that year; and(b)in the case of Part 3, with respect to the first year, the period from the date of entry into
force of this Agreement until the following 31 March and, with respect to eachsubsequent year, the 12-month period starting on 1 April of that year.

3.

For the purposes of implementing equal annual instalments, the annual reductions shall takeplace on the first day of each year.

4.

The base rate of customs duty and the category for determining the interim rate of customs
duty at each stage of reduction for a tariff line are specified for that tariff line in the Schedulesof the United Kingdom in Section B of Part 2 and of Japan in Section D of Part 3.

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5.

For the purposes of this Annex, unless otherwise provided for in Parts 2 and 3, "base rate"means the starting point of elimination or reduction of customs duties.

6.

Unless otherwise provided for in this Annex, for the purposes of the elimination or reductionof customs duties in accordance with this Annex, in the case of ad valorem duties any fraction
less than 0.1 of a percentage point shall be rounded to the nearest one decimal place (in thecase of 0.05 per cent, the fraction shall be rounded to 0.1 per cent), and in the case of specificduties any fraction smaller than 0.01 of one pound or one Japanese yen shall be rounded to thenearest two decimal places (in the case of 0.005, the fraction shall be rounded to 0.01).

7.

This Annex is based on the Harmonized System, as amended on 1 January 2017 and:(a)in the case of Part 2, the eight-digit code of the tariff classification numbers of theUnited Kingdom and the corresponding description for each tariff line referred to in the
Schedule of the United Kingdom are based on the combined nomenclature of theEuropean Union (Combined Nomenclature of 1 January 2017); and(b)in the case of Part 3, the nine-digit code of the tariff classification numbers of Japan andthe corresponding description for each tariff line referred to in the Schedule of Japan are
based on the national nomenclature of Japan (Statistical Code Lists for Imports as of 1
April 2017).

8.

For greater certainty, the tariff classification numbers and their corresponding descriptions
referred to in the Schedule of each Party may be subject to change in case of any change to its
nomenclature referred to in paragraph 7 in accordance with its laws, regulations or public
notifications, and shall be referred to together with the correlation tables published by eachParty in case of any change of nomenclature.

9.

For the purposes of implementing any annual tariff commitments provided for in this Annex,
if this Agreement enters into force on any date after 1 January 2021, the Parties shall apply
Parts 2 and 3 from that date as if this Agreement had entered into force on 1 January 2021 andcalculate the number of years as if the first year had commenced on 1 January 2021.

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10.

With regard to the rate of customs duty for a tariff line for a particular year, in the event of adiscrepancy between the rate determined by the Notes for the Schedule of a Party for the
category of that tariff line indicated in that Party's Schedule and the rate for that tariff line
specified in the stage of reduction for that particular year in that Party's Schedule, that Party
shall apply the former rate of customs duty.

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PART 2Tariff elimination and reduction – the United Kingdom

SECTION A
Notes for the Schedule of the United Kingdom
1.

For the purposes of Article 2.8, the following categories indicated in Column "Category" in
the Schedule of the United Kingdom in Section B apply:(a)customs duties on originating goods classified under the tariff lines indicated with "B3"
shall be eliminated as follows:(i)on the date of entry into force of this Agreement, the customs duties shall be halfof the base rate; and(ii)

the customs duties shall be eliminated from the level calculated, without rounding,in subparagraph (i) in two equal annual instalments beginning on 1 February of
the second year, and these originating goods shall be duty-free as from 1 Februaryof the third year;(b)customs duties on originating goods classified under the tariff lines indicated with "B5"
shall be eliminated as follows:(i)on the date of entry into force of this Agreement, the customs duties shall be two
thirds of the base rate; and(ii)

the customs duties shall be eliminated from the level calculated, without rounding,in subparagraph (i) in four equal annual instalments beginning on 1 February of
the second year, and these originating goods shall be duty-free as from 1 Februaryof the fifth year;

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(c)customs duties on originating goods classified under the tariff lines indicated with "B7"
shall be eliminated as follows:(i)on the date of entry into force of this Agreement, the customs duties shall be threequarters of the base rate; and(ii)

the customs duties shall be eliminated from the level calculated, without rounding,in subparagraph (i) in six equal annual instalments beginning on 1 February of thesecond year, and these originating goods shall be duty-free as from 1 February of
the seventh year;(d)customs duties on originating goods classified under the tariff lines indicated with
"B10" shall be eliminated as follows:(i)on the date of entry into force of this Agreement, the customs duties shall be nineelevenths of the base rate; and(ii)

the customs duties shall be eliminated from the level calculated, without rounding,in subparagraph (i) in nine equal annual instalments beginning on 1 February of
the second year, and these originating goods shall be duty-free as from 1 Februaryof the tenth year;(e)customs duties on originating goods classified under the tariff lines indicated with
"B12" shall be eliminated as follows:(i)on the date of entry into force of this Agreement, the customs duties shall beeleven thirteenths of the base rate; and(ii)

the customs duties shall be eliminated from the level calculated, without rounding,in subparagraph (i) in eleven equal annual instalments beginning on 1 February of
the second year, and these originating goods shall be duty-free as from 1 Februaryof the 12th year;

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(f)customs duties on originating goods classified under the tariff lines indicated with
"B15" shall be as follows:(i)on the date of entry into force of this Agreement, the customs duties shall beseven eighths of the base rate; and(ii)

the customs duties shall be eliminated from the level calculated, without rounding,in subparagraph (i) in fourteen equal annual instalments beginning on 1 Februaryof the second year, and these originating goods shall be duty-free as from 1
February of the 15th year;(g)customs duties on originating goods classified under the tariff lines indicated with
"EU10" shall be as follows:(i)on the date of entry into force of this Agreement, until the end of the sixth year,
the customs duties shall remain at the base rate; and(ii)

the customs duties shall be eliminated in four equal annual instalments beginningon 1 February of the seventh year, and these originating goods shall be duty-free
as from 1 February of the 10th year;(h)customs duties on originating goods classified under the tariff lines indicated with "X"
are excluded from reduction or elimination in this Agreement;(i)customs duties (including the agricultural element of duty (marked as "EA"1) where thiselement is mentioned as part of the base rate) on originating goods classified under thetariff lines indicated with "R5" shall be reduced from the base rate as follows:

1

Legal reference for EA: Any law or regulation of the United Kingdom that applies anagricultural element of duty to certain goods in accordance with Part I, Section I-A (including
Annex 1) of Schedule XIX (United Kingdom) to the GATT 1994 adopted by the United
Kingdom on or after the date of entry into force of this Agreement.
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(i)on the date of entry into force of this Agreement, the customs duties shall be
reduced from the base rate by a figure of one third of the base rate multiplied by
the number indicated after "R5" in the Column "Category" in the Schedule;(ii)

from 1 February of the second year, the customs duties shall be reduced from thelevel calculated, without rounding, in subparagraph (i) in four equal annual
instalments with each one being one sixth of the base rate multiplied by the
number indicated after "R5" in the Column "Category" in the Schedule; and(iii) from 1 February of the fifth year, the customs duties shall remain at the levelcalculated following the fourth equal annual instalment reduction in subparagraph
(ii);
(j)

customs duties (including the agricultural element of duty (marked as "EA") where thiselement is mentioned as part of the base rate) on originating goods classified under thetariff lines indicated with "R7" shall be reduced from the base rate as follows:(i)on the date of entry into force of this Agreement, the customs duties shall be
reduced from the base rate by a figure of one quarter of the base rate multiplied by
the number indicated after "R7" in the Column "Category" in the Schedule;(ii)

from 1 February of the second year, the customs duties shall be reduced from thelevel calculated, without rounding, in subparagraph (i) in six equal annual
instalments with each one being one eighth of the base rate multiplied by the
number indicated after "R7" in the Column "Category" in the Schedule; and(iii) from 1 February of the seventh year, the customs duties shall remain at the levelcalculated following the sixth equal annual instalment reduction in subparagraph
(ii);
(k)

customs duties (including the agricultural element of duty (marked as "EA") where thiselement is mentioned as part of the base rate) on originating goods classified under thetariff lines indicated with "R10" shall be reduced from the base rate as follows:

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(i)on the date of entry into force of this Agreement, the customs duties shall be
reduced from the base rate by a figure of two elevenths of the base rate multipliedby the number indicated after "R10" in the Column "Category" in the Schedule;(ii)

from 1 February of the second year, the customs duties shall be reduced from thelevel calculated, without rounding, in subparagraph (i) in nine equal annual
instalments with each one being one eleventh of the base rate multiplied by the
number indicated after "R10" in the Column "Category" in the Schedule; and(iii) from 1 February of the 10th year, the customs duties shall remain at the levelcalculated following the ninth equal annual instalment reduction in subparagraph(ii); and(l)the ad valorem component of the customs duties on the originating goods classified
under the tariff lines indicated with "entry price" shall be eliminated upon the date ofentry into force of this Agreement; the tariff elimination shall only apply to the advalorem component of the customs duties; the specific duty component of the customs
duties resulting from the entry price system1 on these originating goods may be applied.

2.

The treatment of originating goods classified under the tariff lines indicated with "S" inColumn "Note" in the Schedule of the United Kingdom in Section B shall be subject toreview pursuant to subparagraph 3(a) and paragraph 4 of Article 2.8.

1Legal reference for entry price system: Any law or regulation of the United Kingdom thatapplies an entry price system to certain fruits and vegetables in accordance with Part I,
Section I-A of Schedule XIX (United Kingdom) to the GATT 1994 adopted by the United
Kingdom on or after the date of entry into force of this Agreement.
- 413
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CHAPTER 1 - LIVE ANIMALSOther live animals

0106

Other meat and edible meat offal, fresh,chilled or frozen- Of whales, dolphins and porpoises(mammals of the order Cetacea); of
manatees and dugongs (mammals of theorder Sirenia); of seals, sea lions andwalruses (mammals of the suborder
Pinnipedia)-- Whale meat-- OtherMeat and edible meat offal, salted, in brine,
dried or smoked; edible flours and meals ofmeat or meat offal

02

0208

0208 400208 40 100208 40 80

0210

0301 940301 19 00

0301

03

0210 92 100210 92

CHAPTER 2 - MEAT AND EDIBLE MEAT OFFAL

0106 12 00

X

X

X

CategoryNote

1st year

2nd
year

3rd
year

-- Atlantic and Pacific bluefin tuna(Thunnus thynnus, Thunnus orientalis)- Other live fish-- Other- Ornamental fish

Live fish
7.5 %

B7

S

5.6 %

4.7 %

2.8 %

4th year- 414 -

3.8 %--- Of whales, dolphins and porpoises(mammals of the order Cetacea); ofX
manatees and dugongs (mammals of theorder Sirenia)
CHAPTER 3 - FISH AND CRUSTACEANS, MOLLUSCS AND OTHER AQUATIC INVERTEBRATES-- Of whales, dolphins and porpoises(mammals of the order Cetacea); of
manatees and dugongs (mammals of theorder Sirenia); of seals, sea lions andwalruses (mammals of the suborder
Pinnipedia)- Other, including edible flours and mealsof meat or meat offal-- Whales, dolphins and porpoises(mammals of the order Cetacea); manatees
and dugongs (mammals of the order
Sirenia); seals, sea lions and walruses(mammals of the suborder Pinnipedia)- Mammals

SECTION I - LIVE ANIMALS; ANIMAL PRODUCTS

Base rate

01

Description

1

CN 2017

1.9 %

5th
year

0.9 %

6th
year

Schedule of the United Kingdom

SECTION B

0.0 %

0.0 %

0.0 %

7th year 8th year 9th year

0.0 %

10th
year

0.0 %

11th
year

0.0 %

12th
year

0.0 %

13th
year

0.0 %

14th
year

0.0 %

As from
15th
year

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16.0 %
16.0 %--- Pacific bluefin tuna (Thunnus orientalis)-- Southern bluefin tuna (Thunnus
maccoyii)Fish, fresh or chilled, excluding fish fillets
and other fish meat of heading 0304
- Tunas (of the genus Thunnus), skipjack or
stripe-bellied bonito (Euthynnus(Katsuwonus) pelamis), excluding edible
fish offal of subheadings 0302 91 to 0302
99-- Albacore or longfinned tuna (Thunnus
alalunga)--- Other-- Skipjack or stripe-bellied bonito--- Other-- Southern bluefin tuna (Thunnus
maccoyii)--- Other-- Other--- Other

0301 94 90

0301 95 00

0302

0302 310302 31 90

0302 33

0302 33 90

0302 360302 36 90

0302 390302 39 80- Herrings (Clupea harengus, Clupea
pallasii), anchovies (Engraulis spp.),sardines (Sardina pilchardus, Sardinopsspp.), sardinella (Sardinella spp.), brislingor sprats (Sprattus sprattus), mackerel(Scomber scombrus, Scomber
australasicus, Scomber japonicus), Indianmackerels (Rastrelliger spp.), seerfishes(Scomberomorus spp.), jack and horsemackerel (Trachurus spp.), jacks, crevalles(Caranx spp.), cobia (Rachycentron
canadum), silver pomfrets (Pampus spp.),
Pacific saury (Cololabis saira), scads(Decapterus spp.), capelin (Mallotus
villosus), swordfish (Xiphias gladius),
Kawakawa (Euthynnus affinis), bonitos(Sarda spp.), marlins, sailfishes, spearfish(Istiophoridae), excluding edible fish offal
of subheadings 0302 91 to 0302 99

16.0 %--- Atlantic bluefin tuna (Thunnus thynnus)

0301 94 10

22.0 %

22.0 %

22.0 %

22.0 %

Base rate

Description

CN 2017

B15

B15

B15

B15

B15

B15

B15

Category

Note

19.3 %

19.3 %

19.3 %

19.3 %

14.0 %

14.0 %

14.0 %

1st year

17.9 %

17.9 %

17.9 %

17.9 %

13.0 %

13.0 %

13.0 %

2ndyear

15.1 %

15.1 %

15.1 %

15.1 %

11.0 %

11.0 %

11.0 %

4th year- 415 -

16.5 %

16.5 %

16.5 %

16.5 %

12.0 %

12.0 %

12.0 %

3rdyear

13.8 %

13.8 %

13.8 %

13.8 %

10.0 %

10.0 %

10.0 %

5thyear

12.4 %

12.4 %

12.4 %

12.4 %

9.0 %

9.0 %

9.0 %

6th
year

11.0 %

11.0 %

11.0 %

11.0 %

8.0 %

8.0 %

8.0 %

9.6 %

9.6 %

9.6 %

9.6 %

7.0 %

7.0 %

7.0 %

8.3 %

8.3 %

8.3 %

8.3 %

6.0 %

6.0 %

6.0 %

7th year 8th year 9th year

6.9 %

6.9 %

6.9 %

6.9 %

5.0 %

5.0 %

5.0 %

10th
year

5.5 %

5.5 %

5.5 %

5.5 %

4.0 %

4.0 %

4.0 %

11th
year

4.1 %

4.1 %

4.1 %

4.1 %

3.0 %

3.0 %

3.0 %

12th
year

2.8 %

2.8 %

2.8 %

2.8 %

2.0 %

2.0 %

2.0 %

13th
year

1.4 %

1.4 %

1.4 %

1.4 %

1.0 %

1.0 %

1.0 %

14th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

As from
15th
year

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15.0 %
15.0 %--- Chilean jack mackerel (Trachurus
murphyi)--- Other-- Swordfish (Xiphias gladius)

0302 45 30

0302 45 90

0302 47 00

15.0 %
15.0 %---- Other--- Hake of the genus Urophycis-- Other--- Other0302 54 190302 54 90

0302 590302 59 90

0303

0303 45 99---- Other--- Pacific bluefin tuna (Thunnus orientalis)Fish, frozen, excluding fish fillets and otherfish meat of heading 0304
- Tunas (of the genus Thunnus), skipjack or
stripe-bellied bonito (Euthynnus(Katsuwonus) pelamis), excluding edible
fish offal of subheadings 0303 91 to 0303
99-- Atlantic and Pacific bluefin tuna(Thunnus thynnus, Thunnus orientalis)

0303 45-- Toothfish (Dissostichus spp.)

0302 83 00- Other fish, excluding edible fish offal ofsubheadings 0302 91 to
0302 99

15.0 %---- Southern hake (Merluccius australis)0302 54 15

22.0 %

15.0 %

15.0 %

15.0 %---- Cape hake (shallow-water hake)(Merluccius capensis) and deepwater hake
(deepwater Cape hake) (Merluccius
paradoxus)--- Hake of the genus Merluccius-- Hake (Merluccius spp.,
Urophycis spp.)

0302 54 110302 5415.0 %--- Atlantic horse mackerel (Trachurustrachurus)

0302 45 10- Fish of the families Bregmacerotidae,
Euclichthyidae, Gadidae, Macrouridae,
Melanonidae, Merlucciidae, Moridae andMuraenolepididae, excluding edible fish
offal of subheadings 0302 91 to 0302 99

15.0 %-- Jack and horse mackerel (Trachurus spp.)

0302 4515.0 %

Base rate-- Anchovies (Engraulis spp.)

Description

0302 42 00

CN 2017

B15

B15

B15

B15

B15

B15

B15

B15

B15

B15

B15

B15

Category

Note

19.3 %

13.1 %

13.1 %

13.1 %

13.1 %

13.1 %

13.1 %

13.1 %

13.1 %

13.1 %

13.1 %

13.1 %

1st year

17.9 %

12.2 %

12.2 %

12.2 %

12.2 %

12.2 %

12.2 %

12.2 %

12.2 %

12.2 %

12.2 %

12.2 %

2ndyear

15.1 %

10.3 %

10.3 %

10.3 %

10.3 %

10.3 %

10.3 %

10.3 %

10.3 %

10.3 %

10.3 %

10.3 %

4th year- 416 -

16.5 %

11.3 %

11.3 %

11.3 %

11.3 %

11.3 %

11.3 %

11.3 %

11.3 %

11.3 %

11.3 %

11.3 %

3rdyear

13.8 %

9.4 %

9.4 %

9.4 %

9.4 %

9.4 %

9.4 %

9.4 %

9.4 %

9.4 %

9.4 %

9.4 %

5th
year

12.4 %

8.4 %

8.4 %

8.4 %

8.4 %

8.4 %

8.4 %

8.4 %

8.4 %

8.4 %

8.4 %

8.4 %

6th
year

11.0 %

7.5 %

7.5 %

7.5 %

7.5 %

7.5 %

7.5 %

7.5 %

7.5 %

7.5 %

7.5 %

7.5 %

9.6 %

6.6 %

6.6 %

6.6 %

6.6 %

6.6 %

6.6 %

6.6 %

6.6 %

6.6 %

6.6 %

6.6 %

8.3 %

5.6 %

5.6 %

5.6 %

5.6 %

5.6 %

5.6 %

5.6 %

5.6 %

5.6 %

5.6 %

5.6 %

7th year 8th year 9th year

6.9 %

4.7 %

4.7 %

4.7 %

4.7 %

4.7 %

4.7 %

4.7 %

4.7 %

4.7 %

4.7 %

4.7 %

10th
year

5.5 %

3.8 %

3.8 %

3.8 %

3.8 %

3.8 %

3.8 %

3.8 %

3.8 %

3.8 %

3.8 %

3.8 %

11th
year

4.1 %

2.8 %

2.8 %

2.8 %

2.8 %

2.8 %

2.8 %

2.8 %

2.8 %

2.8 %

2.8 %

2.8 %

12th
year

2.8 %

1.9 %

1.9 %

1.9 %

1.9 %

1.9 %

1.9 %

1.9 %

1.9 %

1.9 %

1.9 %

1.9 %

13th
year

1.4 %

0.9 %

0.9 %

0.9 %

0.9 %

0.9 %

0.9 %

0.9 %

0.9 %

0.9 %

0.9 %

0.9 %

14th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

As from
15th
year

418

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15.0 %
15.0 %
15.0 %---- Southern hake (Merluccius australis)---- Other--- Hake of the genus Urophycis0303 66 13

0303 66 190303 66 90--- Other-- Sea bass (Dicentrarchus spp.)--- European sea bass (Dicentrarchus
labrax)--- Other

Fish fillets and other fish meat (whether or
not minced), fresh, chilled or frozen

0303 81 90

0303 840303 84 100303 84 90

0304

15.0 %-- Swordfish (Xiphias gladius)

0304 54 00- Frozen fillets of other fish

15.0 %

18.0 %-- Fish of the families Bregmacerotidae,
Euclichthyidae, Gadidae, Macrouridae,
Melanonidae, Merlucciidae, Moridae andMuraenolepididae- Other, fresh or chilled-- Swordfish (Xiphias gladius)

15.0 %

15.0 %

8.0 %

0304 53 00

0304 45 00--- Blue shark (Prionace glauca)

0303 81 40- Fresh or chilled fillets of other fish-- Dogfish and other sharks

0303 818.0 %15.0 %---- Argentine hake (Southwest Atlantichake) (Merluccius hubbsi)

0303 66 12- Other fish, excluding edible fish offal ofsubheadings 0303 91 to
0303 99

15.0 %---- Cape hake (shallow-water hake)(Merluccius capensis) and deepwater hake
(deepwater Cape hake) (Merluccius
paradoxus)--- Hake of the genus Merluccius-- Hake (Merluccius spp.,
Urophycis spp.)

22.0 %

Base rate

0303 66 110303 66--- Other0303 49 85

Description- Fish of the families Bregmacerotidae,
Euclichthyidae, Gadidae, Macrouridae,
Melanonidae, Merlucciidae, Moridae andMuraenolepididae, excluding edible fish
offal of subheadings 0303 91 to 0303 99-- Other

0303 49

CN 2017

B15

B15

B15

B15

B15

B7

B7

B15

B15

B15

B15

B15

B15

Category

S

S

Note

13.1 %

13.1 %

15.8 %

13.1 %

13.1 %

6.0 %

6.0 %

13.1 %

13.1 %

13.1 %

13.1 %

13.1 %

19.3 %

1st year12.2 %

12.2 %

14.6 %

12.2 %

12.2 %

5.0 %

5.0 %

12.2 %

12.2 %

12.2 %

12.2 %

12.2 %

17.9 %

2ndyear

10.3 %

10.3 %

12.4 %

10.3 %

10.3 %

3.0 %

3.0 %

10.3 %

10.3 %

10.3 %

10.3 %

10.3 %

15.1 %

4th year- 417 -

11.3 %

11.3 %

13.5 %

11.3 %

11.3 %

4.0 %

4.0 %

11.3 %

11.3 %

11.3 %

11.3 %

11.3 %

16.5 %

3rd
year

9.4 %

9.4 %

11.3 %

9.4 %

9.4 %

2.0 %

2.0 %

9.4 %

9.4 %

9.4 %

9.4 %

9.4 %

13.8 %

5th
year

8.4 %

8.4 %

10.1 %

8.4 %

8.4 %

1.0 %

1.0 %

8.4 %

8.4 %

8.4 %

8.4 %

8.4 %

12.4 %

6th
year

7.5 %

7.5 %

9.0 %

7.5 %

7.5 %

0.0 %

0.0 %

7.5 %

7.5 %

7.5 %

7.5 %

7.5 %

11.0 %

6.6 %

6.6 %

7.9 %

6.6 %

6.6 %

0.0 %

0.0 %

6.6 %

6.6 %

6.6 %

6.6 %

6.6 %

9.6 %

5.6 %

5.6 %

6.8 %

5.6 %

5.6 %

0.0 %

0.0 %

5.6 %

5.6 %

5.6 %

5.6 %

5.6 %

8.3 %

7th year 8th year 9th year

4.7 %

4.7 %

5.6 %

4.7 %

4.7 %

0.0 %

0.0 %

4.7 %

4.7 %

4.7 %

4.7 %

4.7 %

6.9 %

10th
year

3.8 %

3.8 %

4.5 %

3.8 %

3.8 %

0.0 %

0.0 %

3.8 %

3.8 %

3.8 %

3.8 %

3.8 %

5.5 %

11th
year

2.8 %

2.8 %

3.4 %

2.8 %

2.8 %

0.0 %

0.0 %

2.8 %

2.8 %

2.8 %

2.8 %

2.8 %

4.1 %

12th
year

1.9 %

1.9 %

2.3 %

1.9 %

1.9 %

0.0 %

0.0 %

1.9 %

1.9 %

1.9 %

1.9 %

1.9 %

2.8 %

13th
year

0.9 %

0.9 %

1.1 %

0.9 %

0.9 %

0.0 %

0.0 %

0.9 %

0.9 %

0.9 %

0.9 %

0.9 %

1.4 %

14th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

As from
15th
year

419

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15.0 %

0304 86 00--- Blue shark (Prionace glauca)--- Other-- Rays and skates (Rajidae)-- Other

0304 96 30

0304 96 90

0304 97 00

0304 99--- Lesser or Greenland halibut(Reinhardtius hippoglossoides), salted or inbrine--- Other0305 39 50

0305 39 90--- Atlantic halibut (Hippoglossus
hippoglossus)

Crustaceans, whether in shell or not, live,
fresh, chilled, frozen, dried, salted or inbrine; smoked crustaceans, whether in shellor not, whether or not cooked before or
during the smoking process; crustaceans, inshell, cooked by steaming or by boiling inwater, whether or not chilled, frozen, dried,salted or in brine; flours, meals and pellets
of crustaceans, fit for human consumption

0305 69 30

0306- Frozen-- Other

0305 69- Fish, salted but not dried or smoked andfish in brine, other than edible fish offal-- Other- Fish fillets, dried, salted or in brine, but
not smoked

Fish, dried, salted or in brine; smoked fish,
whether or not cooked before or during thesmoking process; flours, meals and pellets
of fish, fit for human consumption----- Other---- Other

0305 390305

0304 99 99

7.5 %--- Porbeagle shark (Lamna nasus)

0304 96 20--- Other

7.5 %--- Picked dogfish (Squalus acanthias) andcatsharks (Scyliorhinus spp.)

0304 96 10

15.0 %

16.0 %

15.0 %

7.5 %

7.5 %

7.5 %

7.5 %

-- Dogfish and other sharks

0304 96- Other, frozen

15.0 %-- Herrings (Clupea harengus, Clupea
pallasii)

Base rate-- Toothfish (Dissostichus spp.)

Description

0304 85 00

CN 2017

B15

B15

B15

B7

B7

B7

B7

B7

B7

B15

B15

Category

S

S

S

S

S

S

Note

13.1 %

14.0 %

13.1 %

5.6 %

5.6 %

5.6 %

5.6 %

5.6 %

5.6 %

13.1 %

13.1 %

1st year12.2 %

13.0 %

12.2 %

4.7 %

4.7 %

4.7 %

4.7 %

4.7 %

4.7 %

12.2 %

12.2 %

2ndyear

10.3 %

11.0 %

10.3 %

2.8 %

2.8 %

2.8 %

2.8 %

2.8 %

2.8 %

10.3 %

10.3 %

4th year- 418 -

11.3 %

12.0 %

11.3 %

3.8 %

3.8 %

3.8 %

3.8 %

3.8 %

3.8 %

11.3 %

11.3 %

3rd
year

9.4 %

10.0 %

9.4 %

1.9 %

1.9 %

1.9 %

1.9 %

1.9 %

1.9 %

9.4 %

9.4 %

5th
year

8.4 %

9.0 %

8.4 %

0.9 %

0.9 %

0.9 %

0.9 %

0.9 %

0.9 %

8.4 %

8.4 %

6th
year

7.5 %

8.0 %

7.5 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

7.5 %

7.5 %

6.6 %

7.0 %

6.6 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

6.6 %

6.6 %

5.6 %

6.0 %

5.6 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

5.6 %

5.6 %

7th year 8th year 9th year

4.7 %

5.0 %

4.7 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

4.7 %

4.7 %

10th
year

3.8 %

4.0 %

3.8 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

3.8 %

3.8 %

11th
year

2.8 %

3.0 %

2.8 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

2.8 %

2.8 %

12th
year

1.9 %

2.0 %

1.9 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

1.9 %

1.9 %

13th
year

0.9 %

1.0 %

0.9 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.9 %

0.9 %

14th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

As from
15th
year

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19:16:36--- Other-- Other shrimps and prawns--- Shrimps of the genus Crangon, otherthan of the species Crangon crangon

0306 12 90

0306 170306 17 94---- Other-- Other shrimps and prawns--- Shrimps of the genus Crangon, otherthan of the species Crangon crangon

0306 35 50

0306 360306 36 50--- Whole-- Norway lobsters (Nephrops norvegicus)-- Shrimps and prawns

0306 92 100306 94 00

0306 95

12.0 %----- Other---- Pandalus spp.

0306 95 19

0306 95 20

18.0 %---- Shrimps of the genus Crangon, otherthan of the species Crangon crangon---- Other

0306 95 40

0306 95 90

12.0 %

12.0 %---- Shrimps of the family Pandalidae, otherthan of the genus Pandalus

0306 95 30--- Other shrimps and prawns

18.0 %----- Cooked by steaming or by boiling inwater0306 95 11---- Shrimps of the species Crangon
crangon18.0 %

12.0 %-- Lobsters (Homarus spp.)

0306 92--- Cold-water shrimps and prawns(Pandalus spp., Crangon crangon)

8.0 %-- Rock lobster and other sea crawfish(Palinurus spp., Panulirus spp., Jasus spp.)
12.5 %

18.0 %

18.0 %

18.0 %

12.0 %

16.0 %

Base rate

0306 91 00- Other---- Fresh or chilled--- Shrimps of the species Crangon crangon-- Cold-water shrimps and prawns(Pandalus spp., Crangon crangon)

0306 35 100306 35-- Lobsters (Homarus spp.)

0306 12- Live, fresh or chilled

Description

CN 2017

B7

B15

B7

B7

B15

B15

B15

B15

B7

B15

B15

B15

B7

B15

Category

Note

9.0 %

15.8 %

9.0 %

9.0 %

15.8 %

15.8 %

10.5 %

7.0 %

9.4 %

15.8 %

15.8 %

15.8 %

9.0 %

14.0 %

1st year

7.5 %14.6 %

7.5 %

7.5 %

14.6 %

14.6 %

9.8 %

6.5 %

7.8 %

14.6 %

14.6 %

14.6 %

7.5 %

13.0 %

2nd
year

4.5 %

12.4 %

4.5 %

4.5 %

12.4 %

12.4 %

8.3 %

5.5 %

4.7 %

12.4 %

12.4 %

12.4 %

4.5 %

11.0 %

4th year- 419 -

6.0 %

13.5 %

6.0 %

6.0 %

13.5 %

13.5 %

9.0 %

6.0 %

6.3 %

13.5 %

13.5 %

13.5 %

6.0 %

12.0 %

3rd
year

3.0 %

11.3 %

3.0 %

3.0 %

11.3 %

11.3 %

7.5 %

5.0 %

3.1 %

11.3 %

11.3 %

11.3 %

3.0 %

10.0 %

5th
year

1.5 %

10.1 %

1.5 %

1.5 %

10.1 %

10.1 %

6.8 %

4.5 %

1.6 %

10.1 %

10.1 %

10.1 %

1.5 %

9.0 %

6th
year

0.0 %

9.0 %

0.0 %

0.0 %

9.0 %

9.0 %

6.0 %

4.0 %

0.0 %

9.0 %

9.0 %

9.0 %

0.0 %

8.0 %

0.0 %

7.9 %

0.0 %

0.0 %

7.9 %

7.9 %

5.3 %

3.5 %

0.0 %

7.9 %

7.9 %

7.9 %

0.0 %

7.0 %

0.0 %

6.8 %

0.0 %

0.0 %

6.8 %

6.8 %

4.5 %

3.0 %

0.0 %

6.8 %

6.8 %

6.8 %

0.0 %

6.0 %

7th year 8th year 9th year

0.0 %

5.6 %

0.0 %

0.0 %

5.6 %

5.6 %

3.8 %

2.5 %

0.0 %

5.6 %

5.6 %

5.6 %

0.0 %

5.0 %

10th
year

0.0 %

4.5 %

0.0 %

0.0 %

4.5 %

4.5 %

3.0 %

2.0 %

0.0 %

4.5 %

4.5 %

4.5 %

0.0 %

4.0 %

11th
year

0.0 %

3.4 %

0.0 %

0.0 %

3.4 %

3.4 %

2.3 %

1.5 %

0.0 %

3.4 %

3.4 %

3.4 %

0.0 %

3.0 %

12th
year

0.0 %

2.3 %

0.0 %

0.0 %

2.3 %

2.3 %

1.5 %

1.0 %

0.0 %

2.3 %

2.3 %

2.3 %

0.0 %

2.0 %

13th
year

0.0 %

1.1 %

0.0 %

0.0 %

1.1 %

1.1 %

0.8 %

0.5 %

0.0 %

1.1 %

1.1 %

1.1 %

0.0 %

1.0 %

14th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

As from
15th
year

421

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19:16:37- Cucumbers

Other vegetables, fresh or chilled

0707 00 05

0709

0805 10 22--- Navel oranges-- Sweet oranges, fresh
Entry price

Entry
price

- Oranges

0805 10
Entry
price

Citrus fruit, fresh or dried

0805

08

Entry
Entry
Entry price
price
price
CHAPTER 8 - EDIBLE FRUIT AND NUTS; PEEL OF CITRUS FRUIT OR MELONS

0709 93 10--- Courgettes-- Pumpkins, squash and gourds (Cucurbita
spp.)

Entry
price

Entry
price

Entry
price

0709 93

Entry price

Entry price

Entry price-- Globe artichokes

Entry
price

Entry
price

Entry
price

X

0709 91 00- OtherCucumbers and gherkins, fresh or chilled

070707 00

CHAPTER 7 - EDIBLE VEGETABLES AND CERTAIN ROOTS AND TUBERSIITomatoes, fresh or chilled

SECTION II - VEGETABLE PRODUCTS

0507 90 00

0702 00 00- Other

0507

6.0 %

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

5.0 %

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

3.0 %

3.0 %

3.0 %

3.0 %

4th year- 420 -

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

4.0 %

4.0 %

4.0 %

Ivory, tortoiseshell, whalebone andwhalebone hair, horns, antlers, hooves,
nails, claws and beaks, unworked or simply
prepared but not cut to shape; powder andwaste of these products

S

5.0 %

5.0 %

CHAPTER 5 - PRODUCTS OF ANIMAL ORIGIN, NOT ELSEWHERE SPECIFIED OR INCLUDED

B7

6.0 %

6.0 %

05

8.0 %

S

S

-- Other

B7

B70307 29 00

8.0 %

8.0 %

--- Other

4.0 %

3rd
year

0307 22 90

5.0 %

2nd
year

--- Coquilles St Jacques (Pecten maximus)

6.0 %1st year

0307 22 10

S

Note

-- Frozen

B7

Category

0307 228.0 %Base rate-- Live, fresh or chilled- Scallops, including queen scallops, of thegenera Pecten, Chlamys or Placopecten

Molluscs, whether in shell or not, live,
fresh, chilled, frozen, dried, salted or inbrine; smoked molluscs, whether in shell ornot, whether or not cooked before or during
the smoking process; flours, meals andpellets of molluscs, fit for humanconsumption

Description

0307 21 00

0307

CN 2017

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

2.0 %

2.0 %

2.0 %

2.0 %

5th
year

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

1.0 %

1.0 %

1.0 %

1.0 %

6th
year

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

0.0 %

0.0 %

0.0 %

0.0 %

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

0.0 %

0.0 %

0.0 %

0.0 %

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

0.0 %

0.0 %

0.0 %

0.0 %

7th year 8th year 9th year

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

0.0 %

0.0 %

0.0 %

0.0 %

10th
year

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

0.0 %

0.0 %

0.0 %

0.0 %

11th
year

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

0.0 %

0.0 %

0.0 %

0.0 %

12th
year

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

0.0 %

0.0 %

0.0 %

0.0 %

13th
year

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

0.0 %

0.0 %

0.0 %

0.0 %

14th
year

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

0.0 %

0.0 %

0.0 %

0.0 %

As from
15th
year

422

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19:16:37--- Other0805 10 28--- Satsumas--- Other-- Clementines-- Other- Lemons (Citrus limon, Citrus limonum)and limes (Citrus aurantifolia, Citrus
latifolia)-- Lemons (Citrus limon, Citrus limonum)

Grapes, fresh or dried- Fresh-- Table grapes

Apples, pears and quinces, fresh- Apples-- Other- Pears-- Other

Apricots, cherries, peaches (including
nectarines), plums and sloes, fresh- Apricots

0805 21 100805 21 90

0805 22 00

0805 29 00

0805 500805 50 100806

0806 100806 10 100808

0808 100808 10 80

0808 300808 30 90

0809

0809 10 00-- Sour cherries (Prunus cerasus)-- Other- Peaches, including nectarines-- Nectarines-- Other- Plums and sloes

0809 21 00

0809 29 00

0809 300809 30 100809 30 90

0809 40- Cherries-- Mandarins (including tangerines andsatsumas)

0805 21- Mandarins (including tangerines andsatsumas); clementines, wilkings andsimilar citrus hybrids--- White oranges

Description

0805 10 24

CN 2017
Entry price

Entry
price
Entry
price

Entry price

Entry
price

Entry price
Entry price

Entry
price

Entry price

Entry price

Entry price

Entry price

Entry price

Entry price

Entry
price

Entry
price
Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry price

Entry price

Entry
price

Entry
price

Entry price

Entry
price
Entry
price
Entry price

Entry priceCategory

Base rate

Note

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price
Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

2nd
year

Entry
price

1st year

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

4th year- 421 -

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

3rd
year

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

5th
year

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

6th
year

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

7th year 8th year 9th year

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

10th
year

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

11th
year

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

12th
year

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

13th
year

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

14th
year

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

As from
15th
year

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19:16:38

CHAPTER 10 - CEREALS

Rice- Rice in the husk (paddy or rough)-- For sowing

10

1006

1006 101006 10 10--- Medium grain

1006 10 50- Husked (brown) rice--- Medium grain

1006 20 13

Entry price

Entry
price

--- Medium grain

1006 20 94---- Medium grain

1006 30 23

X
X----- Of a length/width ratio greater than 2
but less than 3----- Of a length/width ratio equal to or
greater than 31006 30 27

X

X

X

X

X

1006 30 25---- Long grain---- Round grain

1006 30 21--- Parboiled-- Semi-milled rice

- Semi-milled or wholly milled rice,
whether or not polished or glazed

1006 30

1006 20 98---- Of a length/width ratio greater than 2
but less than 3---- Of a length/width ratio equal to or
greater than 31006 20 96--- Long grain--- Round grain

1006 20 92

X

X---- Of a length/width ratio equal to or
greater than 31006 20 17-- OtherX---- Of a length/width ratio greater than 2
but less than 3

X

X

X

X

X

X

X

Category

Base rate

1006 20 15--- Long grain--- Round grain

1006 20 11-- Parboiled

1006 201006 10 79---- Of a length/width ratio greater than 2
but less than 3---- Of a length/width ratio equal to or
greater than 31006 10 71--- Long grain--- Round grain

1006 10 30-- Other-- Plums

Description

0809 40 05

CN 2017

Note
Entry
price

1st year
Entry
price

2nd
year
Entry
price

4th year- 422 -

Entry
price

3rd
year
Entry
price

5th
year
Entry
price

6th
year
Entry
price

Entry
price

Entry
price

7th year 8th year 9th year
Entry
price

10th
year
Entry
price

11th
year
Entry
price

12th
year
Entry
price

13th
year
Entry
price

14th
year
Entry
price

As from
15th
year

424

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19:16:39---- Medium grain

1006 30 44---- Medium grain

1006 30 63---- Medium grain

1006 30 94

Cereal groats, meal and pellets-- Of other cereals--- Of rice

- Pellets-- Of rice1103 191103 19 50

1103 201103 20 50

XX- 423 --- Rice flour1103- Groats and meal

- Other

1102 90 50

X

Cereal flours other than of wheat or meslin

1102 90

4th year

1102

X

3rd
year

- Broken rice

2nd
year

CHAPTER 11 - PRODUCTS OF THE MILLING INDUSTRY; MALT; STARCHES; INULIN; WHEAT GLUTEN

1st year

11

X----- Of a length/width ratio equal to or
greater than 31006 30 98

Note1006 40 00

X----- Of a length/width ratio greater than 2
but less than 3

X1006 30 96---- Long grain---- Round grain

1006 30 92

X

X----- Of a length/width ratio equal to or
greater than 31006 30 67--- Other

X----- Of a length/width ratio greater than 2
but less than 3

X1006 30 65---- Long grain---- Round grain--- Parboiled

1006 30 61

X

X----- Of a length/width ratio equal to or
greater than 31006 30 48-- Wholly milled rice

X

X

X

Category----- Of a length/width ratio greater than 2
but less than 3

Base rate

1006 30 46---- Long grain---- Round grain--- Other

Description

1006 30 42

CN 2017

5th
year

6th
year
7th year 8th year 9th year

10th
year

11th
year

12th
year

13th
year

14th
year

As from
15th
year

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19:16:40

Base rate

CategoryNote

1st year

2nd
year

3rd
year
4th year

5th
year

6th
year
7th year 8th year 9th year--- Other-- Other

1605 21 90

1605 29 00-- Other

CHAPTER 18 - COCOA AND COCOA PREPARATIONS

18

26.0 %

20.0 %

20.0 %

20.0 %

20.0 %

1605 69 00- Other aquatic invertebrates-- Clams, cockles and arkshells- Molluscs--- In immediate packings of a net content
not exceeding 2 kg

1605 21 101605 56 00-- Not in airtight containers- Shrimps and prawns--- Of other fish1605 211604 20 90

B15

B15

B15

B15

B15

S

22.8 %

17.5 %

17.5 %

17.5 %

17.5 %

10.5 %

21.1 %

16.3 %

16.3 %

16.3 %

16.3 %

8.8 %

17.9 %

13.8 %

13.8 %

13.8 %

13.8 %

5.3 %- 424 -

19.5 %

15.0 %

15.0 %

15.0 %

15.0 %

7.0 %

16.3 %

12.5 %

12.5 %

12.5 %

12.5 %

3.5 %

14.6 %

11.3 %

11.3 %

11.3 %

11.3 %

1.8 %

13.0 %

10.0 %

10.0 %

10.0 %

10.0 %

0.0 %11.4 %

8.8 %

8.8 %

8.8 %

8.8 %

0.0 %

- Other prepared or preserved fish1604 20

B7

Prepared or preserved fish; caviar andcaviar substitutes prepared from fish eggs

1604

14.0 %

CHAPTER 16 - PREPARATIONS OF MEAT, OF FISH OR OF CRUSTACEANS, MOLLUSCS OR OTHER AQUATIC INVERTEBRATES

16-- Other-- OtherX
SECTION IV - PREPARED FOODSTUFFS; BEVERAGES, SPIRITS AND VINEGAR; TOBACCO AND MANUFACTURED TOBACCO SUBSTITUTES

X-- Fit for human consumption- Seaweeds and other algae

Locust beans, seaweeds and other algae,
sugar beet and sugar cane, fresh, chilled,
frozen or dried, whether or not ground; fruit
stones and kernels and other vegetableproducts (including unroasted chicory rootsof the variety Cichorium intybus sativum)of a kind used primarily for humanconsumption, not elsewhere specified or
included

1212 29 00

IV

10th
year

11th
year

9.8 %

7.5 %

7.5 %

7.5 %

7.5 %

0.0 %

8.1 %

6.3 %

6.3 %

6.3 %

6.3 %

0.0 %

6.5 %

5.0 %

5.0 %

5.0 %

5.0 %

0.0 %

---- Flaked rice
X
CHAPTER 12 - OIL SEEDS AND OLEAGINOUS FRUITS; MISCELLANEOUS GRAINS, SEEDS AND FRUIT; INDUSTRIAL OR MEDICINAL PLANTS; STRAW AND FODDER--- Other-- Of other cereals- Rolled or flaked grains

Cereal grains otherwise worked (forexample, hulled, rolled, flaked, pearled,sliced or kibbled), except rice of heading
1006; germ of cereals, whole, rolled, flaked
or ground

Description

1212 21 00

1212

12

1104 19 91

1104 191104

CN 2017

4.9 %

3.8 %

3.8 %

3.8 %

3.8 %

0.0 %

12th
year

3.3 %

2.5 %

2.5 %

2.5 %

2.5 %

0.0 %

13th
year

1.6 %

1.3 %

1.3 %

1.3 %

1.3 %

0.0 %

14th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

As from
15th
year

426

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425

2020/10/23

19:16:40

R7 (0.25)

R7 (0.25)

8.0 % +
26.28
GBP/
100kg
8.0 % +
35.06
GBP/
100 kg-- Containing 65 % or more but less than
80 % by weight of sucrose (including invert
sugar expressed as sucrose) or isoglucose
expressed as sucrose-- Containing 80 % or more by weight ofsucrose (including invert sugar expressed as
sucrose) or isoglucose expressed as sucrose

1806 10 30

1806 10 90

7.3 %

2nd
year

7.0 %

3rd
year

6.8 %

4th year1901 90 99--- Other

7.6 % +EA
R10 (0.25)

S- Other

1901 90- 425 -

7.3 % + 7.1 % + 6.9 % + 6.7 % + 6.6 % + 6.4 % + 6.2 % +
0.931
0.909
0.886
0.863
0.840
0.818
0.954
EA
EA
EA
EA
EA
EA
EA

6.0 % + 5.9 % + 5.7 % +
0.796
0.772
0.750
EA
EA
EA

5.7 % + 5.7 % + 5.7 % +
0.750
0.750
0.750
EA
EA
EA

6.0 % + 6.0 % + 6.0 % +
26.30
26.30
26.30
GBP/
GBP/
GBP/
100 kg 100 kg 100 kg

6.0 % + 6.0 % + 6.0 % +
19.71
19.71
19.71
GBP/
GBP/
GBP/
100 kg 100 kg 100 kg

7.1 % + 6.9 % + 6.7 % + 6.4 % + 6.2 % + 5.9 % + 5.7 % +
0.937
0.906
0.875
0.843
0.812
0.781
0.750
EA
EA
EA
EA
EA
EA
EA

7.6 % +EA

- Mixes and doughs for the preparation ofbakers' wares of heading 1905

6.0 %

3.5 % + 3.0 % + 2.6 % +
0.460
0.400
0.340
EA
EA
EA

1901 20 00

6.0 %6.0 % + 6.0 % + 6.0 % +
15.82
15.82
15.82
GBP/
GBP/
GBP/
100 kg 100 kg 100 kg

6.0 %

10th
year

6.7 % + 6.2 % + 5.8 % + 5.3 % + 4.9 % + 4.4 % + 4.0 % +
0.880
0.820
0.760
0.700
0.640
0.580
0.520
EA
EA
EA
EA
EA
EA
EA

7.6 % +EA

- Preparations suitable for infants or young
children, put up for retail sale1901 10 00-- Other

6.0 %7th year 8th year 9th year

7.5 % + 7.3 % + 7.0 %+ 6.8 % + 6.5 % + 6.3 % + 6.0 % +
32.87
31.77
30.68
29.58
28.49
27.39
26.30
GBP/
GBP/
GBP/
GBP/
GBP/
GBP/
GBP/
100 kg 100 kg 100 kg 100 kg 100 kg 100 kg 100 kg

1901

R7 (0.25)

6.3 %

6th
year

7.5 % + 7.3 % + 7.0 % + 6.8 % + 6.5 % + 6.3 % + 6.0 % +
24.64
23.82
23.00
22.17
21.35
20.53
19.71
GBP/
GBP/
GBP/
GBP/
GBP/
GBP/
GBP/
100 kg 100 kg 100 kg 100 kg 100 kg 100 kg 100 kg

Malt extract; food preparations of flour,
groats, meal, starch or malt extract, notcontaining cocoa or containing less than
40 % by weight of cocoa calculated on a
totally defatted basis, not elsewhere
specified or included; food preparations ofgoods ofheadings 0401 to 0404, not containing
cocoa or containing less than 5 % by weightof cocoa calculated on a totally defatted
basis, not elsewhere specified or included
R10 (0.66)

6.5 %

5th
year

7.5 % + 7.3 % + 7.0 % + 6.8 % + 6.5 % + 6.3 % + 6.0 % +
19.77
19.11
18.45
17.79
17.14
16.48
15.82
GBP/
GBP/
GBP/
GBP/
GBP/
GBP/
GBP/
100 kg 100 kg 100 kg 100 kg 100 kg 100 kg 100 kg

7.5 %1st year

CHAPTER 19 - PREPARATIONS OF CEREALS, FLOUR, STARCH OR MILK; PASTRYCOOKS' PRODUCTS

S

S

S

S

Note

19

R7 (0.25)

8.0 % +
21.09
GBP/
100 kg-- Containing 5 % or more but less than
65 % by weight of sucrose (including invert
sugar expressed as sucrose) or isoglucose
expressed as sucrose

1806 10 20

R7 (0.25)

Category

8.0 %Base rate-- Containing no sucrose or containing lessthan 5 % by weight of sucrose (including
invert sugar expressed as sucrose) or
isoglucose expressed as sucrose

Chocolate and other food preparations
containing cocoa- Cocoa powder, containing added sugar orother sweetening matter

Description

1806 10 151806 101806

CN 2017

6.0 %

12th
year

5.7 % + 5.7 % +
0.750
0.750
EA
EA

5.7 % + 5.7 % +
0.750
0.750
EA
EA

2.6 % + 2.6 % +
0.340
0.340
EA
EA

6.0 % + 6.0 % +
26.30
26.30
GBP/
GBP/
100 kg 100 kg

6.0 % + 6.0 % +
19.71
19.71
GBP/
GBP/
100 kg 100 kg

6.0 % + 6.0 % +
15.82
15.82
GBP/
GBP/
100 kg 100 kg

6.0 %

11th
year

6.0 %

14th
year

5.7 % + 5.7 % +
0.750
0.750
EA
EA

5.7 % + 5.7 % +
0.750
0.750
EA
EA

2.6 % + 2.6 % +
0.340
0.340
EA
EA

6.0 % + 6.0 % +
26.30
26.30
GBP/
GBP/
100 kg 100 kg

6.0 % + 6.0 % +
19.71
19.71
GBP/
GBP/
100 kg 100 kg

6.0 % + 6.0 % +
15.82
15.82
GBP/
GBP/
100 kg 100 kg

6.0 %

13th
year

5.7 % +
0.750
EA

5.7 % +
0.750
EA

2.6 % +
0.340
EA

6.0 % +
26.30
GBP/
100 kg

6.0 % +
19.71
GBP/
100 kg

6.0 % +
15.82
GBP/
100 kg

6.0 %As from
15th
year

427

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19:16:41-- Obtained from rice-- Other- Prepared foods obtained from unroasted
cereal flakes or from mixtures of unroasted
cereal flakes and roasted cereal flakes orswelled cereals

1904 101904 10 301904 10 90

1904 20

2nd
year

3rd
year

-- Other

CHAPTER 20 - PREPARATIONS OF VEGETABLES, FRUIT, NUTS OR OTHER PARTS OF PLANTS

Fruit juices (including grape must) andvegetable juices, unfermented and notcontaining added spirit, whether or notcontaining added sugar or other sweetening
matter1904 90 80

20

2009

-- Of a Brix value not exceeding 30- Grape juice (including grape must)-- Obtained from rice2009 61- Other

8.3 % +
21.51
GBP/
100 kgR10 (0.25)

X

S

6th
year

- 426 -

7.9 % + 7.7 % + 7.5 % + 7.4 % + 7.2 % + 7.0 % + 6.8 % +
20.53
20.04
19.55
19.07
18.58
18.09
17.60
GBP/
GBP/
GBP/
GBP/
GBP/
GBP/
GBP/
100 kg 100 kg 100 kg 100 kg 100 kg 100 kg 100 kg

10th
year

6.6 % + 6.4 % + 6.2 % +
17.11
16.62
16.13
GBP/
GBP/
GBP/
100 kg 100 kg 100 kg

6.6 % + 6.4 % + 6.2 % +
17.11
16.62
16.13
GBP/
GBP/
GBP/
100 kg 100 kg 100 kg

2.6 % + 2.6 % + 2.6 % +
14.06
14.06
14.06
GBP/1 GBP/1 GBP/1
00 kg
00 kg
00 kg

2.6 % + 2.6 % + 2.6 % +
14.06
14.06
14.06
GBP/1 GBP/1 GBP/1
00 kg
00 kg
00 kg

7th year 8th year 9th year

7.9 % + 7.7 % + 7.5 % + 7.4 % + 7.2 % + 7.0 % + 6.8 % +
20.53
20.04
19.55
19.07
18.58
18.09
17.60
GBP/
GBP/
GBP/
GBP/
GBP/
GBP/
GBP/
100 kg 100 kg 100 kg 100 kg 100 kg 100 kg 100 kg

1904 90 10S1904 90

R10 (0.25)- Bulgur wheat

8.3 % +
21.51
GBP/
100 kg5thyear

4.5 % + 4.1 % + 3.8 % + 3.5 % + 3.2 % + 2.9 % + 2.6 % +
24.61
22.85
21.09
19.33
17.58
15.82
14.06
GBP/
GBP/
GBP/
GBP/
GBP/
GBP/
GBP/1
100 kg 100 kg 100 kg 100 kg 100 kg 100 kg
00 kg

1904 30 00

R7 (0.5)

5.1 % +
28.12
GBP/
100 kg

4th year

4.5 % + 4.1 % + 3.8 % + 3.5 % + 3.2 % + 2.9 % + 2.6 % +
24.61
22.85
21.09
19.33
17.58
15.82
14.06
GBP/
GBP/
GBP/
GBP/
GBP/
GBP/
GBP/1
100 kg 100 kg 100 kg 100 kg 100 kg 100 kg
00 kg

1st year--- Other
S

S

Note

1904 20 99

X

R7 (0.5)

X

Category--- Obtained from rice

5.1 % +
28.12
GBP/
100 kgBase rate

1904 20 95-- Other- Prepared foods obtained by the swellingor roasting of cereals or cereal products

1904

Description

Prepared foods obtained by the swelling orroasting of cereals or cereal products (forexample, corn flakes); cereals (other thanmaize (corn)) in grain form or in the formof flakes or other worked grains (except
flour, groats and meal), pre- cooked orotherwise prepared, not elsewhere specified
or included

CN 2017

12thyear

6.2 % + 6.2 % +
16.13
16.13
GBP/
GBP/
100 kg 100 kg

6.2 % + 6.2 % +
16.13
16.13
GBP/
GBP/
100 kg 100 kg

2.6 % + 2.6 % +
14.06
14.06
GBP/1 GBP/1
00 kg
00 kg

2.6 % + 2.6 % +
14.06
14.06
GBP/1 GBP/1
00 kg
00 kg

11th
year

14th
year

6.2 % + 6.2 % +
16.13
16.13
GBP/
GBP/
100 kg 100 kg

6.2 % + 6.2 % +
16.13
16.13
GBP/
GBP/
100 kg 100 kg

2.6 % + 2.6 % +
14.06
14.06
GBP/1 GBP/1
00 kg
00 kg

2.6 % + 2.6 % +
14.06
14.06
GBP/1 GBP/1
00 kg
00 kg

13th
year

6.2 % +
16.13
GBP/
100 kg

6.2 % +
16.13
GBP/
100 kg

2.6 % +
14.06
GBP/1
00 kg

2.6 % +
14.06
GBP/1
00 kg

As from
15th
year

428

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19:16:41--- Preparations with a basis of these
extracts, essences or concentrates of coffee--- Other- Extracts, essences and concentrates, of tea
or maté, and preparations with a basis ofthese extracts, essences or concentrates, orwith a basis of tea or maté

2101 12 92

2101 12 98

2101 20

Ice cream and other edible ice, whether or
not containing cocoa

2105 00- Containing by weight of milkfats--- Other

2101 20 98-- Preparations-- Preparations with a basis of these
extracts, essences or concentrates or with abasis of coffee2101 12- Extracts, essences and concentrates, ofcoffee, and preparations with a basis ofthese extracts, essences or concentrates orwith a basis of coffee

R10 (0.5)

R10 (0.5)

9.0 % +
EA

6.5 % +EA

R5 (0.5)

S

S

8.6 %

Entry
price

Entry
price

Entry
price

Entry
price

2nd
year

7.7 %

Entry
price

Entry
price

Entry
price

Entry
price

3rd
year

6.7 %

Entry
price

Entry
price

Entry
price

Entry
price

4th year

5.8 %

Entry
price

Entry
price

Entry
price

Entry
price

5th
year

5.8 %

Entry
price

Entry
price

Entry
price

Entry
price

6th
year

5.8 %

Entry
price

Entry
price

Entry
price

Entry
price

- 427 -

5.9 % + 5.6 % + 5.3 % + 5.0 % + 4.7 % + 4.4 % + 4.1 % +
0.863
0.818
0.772
0.727
0.681
0.636
0.909
EA
EA
EA
EA
EA
EA
EA

5.8 %

Entry
price

Entry
price

Entry
price

Entry
price

5.8 %

Entry
price

Entry
price

Entry
price

Entry
price

10th
year

3.8 % + 3.5 % + 3.3 % +
0.590
0.545
0.500
EA
EA
EA

5.3 % + 4.9 % + 4.5 % +
0.590
0.545
0.500
EA
EA
EA

5.8 %

Entry
price

Entry
price

Entry
price

Entry
price

7th year 8th year 9th year

8.2 % + 7.8 % + 7.4 % + 7.0 % + 6.5 % + 6.1 % + 5.7 % +
0.863
0.818
0.772
0.727
0.681
0.636
0.909
EA
EA
EA
EA
EA
EA
EA

9.6 %

2101

11.5 %

Extracts, essences and concentrates, ofcoffee, tea or maté and preparations with abasis of these products or with a basis ofcoffee, tea or maté; roasted chicory andother roasted coffee substitutes, andextracts, essences and concentrates thereof

21

Entry
price

Entry
Entry price
price
CHAPTER 21 - MISCELLANEOUS EDIBLE PREPARATIONS----- Other

2009 69 59

Entry
price

Entry
price

1st year

Entry
price

S

Note

Entry price

Entry price

Entry priceCategory----- Concentrated

Entry
price

Entry
price

Entry
price

Base rate

2009 69 51---- Of a value exceeding € 18 per 100 kg
net weight--- Of a Brix value exceeding 30 but notexceeding 67---- Other--- Of a Brix value exceeding 67-- Other2009 69

2009 69 19--- Of a value exceeding € 18 per 100 kg
net weight

Description

2009 61 10

CN 2017

5.8 %

Entry
price

Entry
price

Entry
price

Entry
price

12th
year

3.3 % + 3.3 % +
0.500
0.500
EA
EA

4.5 % + 4.5 % +
0.500
0.500
EA
EA

5.8 %

Entry
price

Entry
price

Entry
price

Entry
price

11th
year

5.8 %

Entry
price

Entry
price

Entry
price

Entry
price

14th
year

3.3 % + 3.3 % +
0.500
0.500
EA
EA

4.5 % + 4.5 % +
0.500
0.500
EA
EA

5.8 %

Entry
price

Entry
price

Entry
price

Entry
price

13th
year

3.3 % +
0.500
EA

4.5 % +
0.500
EA

5.8 %

Entry
price

Entry
price

Entry
price

Entry
price

As from
15th
year

429

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19:16:42-- 7 % or more

Food preparations not elsewhere specified
or included- Protein concentrates and textured protein
substances-- Other- Other

2105 00 99

2106

2106 102106 10 80

2106 90

R5 (0.7)

7.9 % +
45.19
GBP/
100 kgMAX
17.8 % +5.77
GBP/
100 kg---- Concentrated---- Other

2204 30 92

2204 30 94--- Of a density of 1.33 g/cm³ or less at
20 °C and of an actual alcoholic strength byvolume not exceeding
1 % vol
Entry price
Entry price

Entry
price

- Other grape must

2204 30

R5 (0.5)

Entry
price

Wine of fresh grapes, including fortified
wines; grape must other than that ofheading 20092204-- Other

CHAPTER 22 - BEVERAGES, SPIRITS AND VINEGAR

22

9.0 % +EA--- OtherR7 (0.7)

R5 (0.7)

8.0 % +
32.22
GBP/
100 kgMAX
18.1 % +5.86
GBP/
100 kg

0.0 % +
EA

Category

Base rate

2106 90 98-- Other-- 3 % or more but less than 7 %Description

2105 00 91

CN 2017

S

S

S

S

Note

2nd
year

3rd
year
4th year

5th
year

6th
year

Entry
price

Entry
price

Entry
price

Entry
price

7.5 % + 6.8 % +
0.750
0.833
EA
EA

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

5.3 % + 4.5 % + 4.5 % + 4.5 % +
0.583
0.500
0.500
0.500
EA
EA
EA
EA

- 428 -

Entry
price

Entry
price

6%+
0.666
EA

0.0 % + 0.0 % + 0.0 % + 0.0 % + 0.0 % + 0.0 % + 0.0 % +
0.737
0.650
0.562
0.475
0.387
0.300
0.825
EA
EA
EA
EA
EA
EA
EA

6.1 % + 5.1 % + 4.2 % + 3.3 % + 2.4 % + 2.4 % + 2.4 % +
34.65
29.37
24.10
18.83
13.56
13.56
13.56
GBP/
GBP/
GBP/
GBP/
GBP/
GBP/
GBP/
100 kg 100 kg 100 kg 100 kg 100 kg 100 kg 100 kg
MAX
MAX
MAX
MAX
MAX
MAX
MAX
13.6 % 11.6 % 9.5 % + 7.4 % + 5.3 % + 5.3 % + 5.3 % ++ 4.42 + 3.75
3.08
2.40
1.73
1.73
1.73
GBP/
GBP/
GBP/
GBP/
GBP/
GBP/
GBP/
100 kg 100 kg 100 kg 100 kg 100 kg 100 kg 100 kg

10th
year

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

Entry
price

4.5 % + 4.5 % + 4.5 % +
0.500
0.500
0.500
EA
EA
EA

0.0 % + 0.0 % + 0.0 % +
0.300
0.300
0.300
EA
EA
EA

2.4 % + 2.4 % + 2.4 % +
13.56
13.56
13.56
GBP/
GBP/
GBP/
100 kg 100 kg 100 kg
MAX
MAX
MAX
5.3 % + 5.3 % + 5.3 % +
1.73
1.73
1.73
GBP/
GBP/
GBP/
100 kg 100 kg 100 kg

2.4 % + 2.4 % + 2.4 % +
9.67
9.67
9.67
GBP/
GBP/
GBP/
100 kg 100 kg 100 kg
MAX
MAX
MAX
5.4 % + 5.4 % + 5.4 % +
1.76
1.76
1.76
GBP/
GBP/
GBP/
100 kg 100 kg 100 kg

7th year 8th year 9th year

6.1 % + 5.2 % + 4.3 % + 3.3 % + 2.4 % + 2.4 % + 2.4 % +
24.70
20.94
17.18
13.43
9.67
9.67
9.67
GBP/
GBP/
GBP/
GBP/
GBP/
GBP/
GBP/
100 kg 100 kg 100 kg 100 kg 100 kg 100 kg 100 kg
MAX
MAX
MAX
MAX
MAX
MAX
MAX
13.9 % 11.8 % 9.7 % + 7.5 % + 5.4 % + 5.4 % + 5.4 % ++ 4.49 + 3.81
3.13
2.44
1.76
1.76
1.76
GBP/
GBP/
GBP/
GBP/
GBP/
GBP/
GBP/
100 kg 100 kg 100 kg 100 kg 100 kg 100 kg 100 kg

1st year

12th
year

Entry
price

Entry
price

Entry
price

Entry
price

4.5 % + 4.5 % +
0.500
0.500
EA
EA

0.0 % + 0.0 % +
0.300
0.300
EA
EA

2.4 % + 2.4 % +
13.56
13.56
GBP/
GBP/
100 kg 100 kg
MAXMAX
5.3 % + 5.3 % +
1.73
1.73
GBP/
GBP/
100 kg 100 kg

2.4 % + 2.4 % +
9.67
9.67
GBP/
GBP/
100 kg 100 kg
MAXMAX
5.4 % + 5.4 % +
1.76
1.76
GBP/
GBP/
100 kg 100 kg

11th
year

14th
year

Entry
price

Entry
price

Entry
price

Entry
price

4.5 % + 4.5 % +
0.500
0.500
EA
EA

0.0 % + 0.0 % +
0.300
0.300
EA
EA

2.4 % + 2.4 % +
13.56
13.56
GBP/
GBP/
100 kg 100 kg
MAXMAX
5.3 % + 5.3 % +
1.73
1.73
GBP/
GBP/
100 kg 100 kg

2.4 % + 2.4 % +
9.67
9.67
GBP/
GBP/
100 kg 100 kg
MAXMAX
5.4 % + 5.4 % +
1.76
1.76
GBP/
GBP/
100 kg 100 kg

13th
year

Entry
price

Entry
price

4.5 % +
0.500
EA

0.0 % +
0.300
EA

2.4 % +
13.56
GBP/
100 kgMAX
5.3 % +
1.73
GBP/
100 kg

2.4 % +
9.67
GBP/
100 kgMAX
5.4 % +
1.76
GBP/
100 kg

As from
15th
year

430

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19:16:42

Nucleic acids and their salts, whether or notchemically defined; other heterocyclic
compounds

2934

2.4 %

1.9 %

1.4 %

1.0 %

0.5 %

0.0 %

Entry
price

Entry
price

0.0 %

0.0 %

0.0 %

B7

B3

Articles for the conveyance or packing ofgoods, of plastics; stoppers, lids, caps andother closures, of plastics- Boxes, cases, crates and similar articles-- Other

3923

3923 103923 10 90

6.5 %

B10

II. WASTE, PARINGS AND SCRAP; SEMI-MANUFACTURES; ARTICLES

6.5 %

6.5 %

5.3 %

4.9 %

3.3 %

4.7 %

4.1 %

1.6 %

3.5 %

2.4 %

0.0 %

- 429 -

4.1 %

3.3 %

0.0 %

3.0 %

1.6 %

0.0 %

2.4 %

0.8 %

0.0 %

1.8 %

0.0 %

0.0 %

1.2 %

0.0 %

0.0 %

0.6 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

CHAPTER 39 - PLASTICS AND ARTICLES THEREOF

0.0 %

0.0 %

SECTION VII - PLASTICS AND ARTICLES THEREOF; RUBBER AND ARTICLES THEREOF

0.0 %

0.0 %

39

0.0 %

0.0 %

VII

0.0 %

0.0 %

-- Other

0.0 %

0.0 %

3215 90 70

0.0 %

0.0 %

- Other

0.0 %

0.0 %

--- Other

0.0 %

0.0 %

3215 90

0.0 %

0.0 %

0.0 %

Entry
price

Entry
price

-- Other

0.0 %

0.0 %

0.0 %

Entry
price

Entry
price

As from
15thyear

3215 19 90

0.0 %

0.0 %

0.0 %

Entry
price

Entry
price

14th
year

3215 19

0.0 %

0.0 %

0.0 %

Entry
price

Entry
price

13th
year

3215

1.6 %

1.6 %

0.0 %

Entry
price

Entry
price

12th
year

32

3.3 %

3.3 %

0.0 %

Entry
price

Entry
price

11th
year

--- Other

B3

B3

0.0 %

Entry
price

Entry
price

10th
year

CHAPTER 32 - TANNING OR DYEING EXTRACTS; TANNINS AND THEIR DERIVATIVES; DYES, PIGMENTS AND OTHER COLOURING MATTER; PAINTS AND VARNISHES; PUTTY AND OTHER MASTICS;
INKS
Printing ink, writing or drawing ink andother inks, whether or not concentrated orsolid- Printing ink

6.5 %

6.5 %

Entry
price

Entry
price

7th year 8th year 9th year

2934 99 90-- Other

2934 99- Other-- Azinphos-methyl (ISO)- Other

Heterocyclic compounds with nitrogen
hetero-atom(s) only

2933 92 00

2933

CHAPTER 29 - ORGANIC CHEMICALS

2.9 %

Entry
price

Entry
price

6th
year

X. ORGANO-INORGANIC COMPOUNDS, HETEROCYCLIC COMPOUNDS, NUCLEIC ACIDS AND THEIR SALTS, AND SULPHONAMIDES

29

S

VI

B7

-- Fish or marine mammal solubles

SECTION VI - PRODUCTS OF THE CHEMICAL OR ALLIED INDUSTRIES

2309 90 10

3.8 %- Other23---- Other

2309 90

5thyear

Preparations of a kind used in animal
feeding

4th year

2309

Entry
price

3rd
year

Entry
price

Entry
price

2nd
year

Entry
Entry
Entry
Entry
Entry
Entry price
price
price
price
price
price
CHAPTER 23 - RESIDUES AND WASTE FROM THE FOOD INDUSTRIES; PREPARED ANIMAL FODDER

Entry
price

1st year

2204 30 98

Note

Entry
price

Entry priceCategory

Entry
price

Entry
price

Base rate---- Concentrated--- Other

Description

2204 30 96

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Other articles of plastics and articles ofother materials of headings 3901 to 3914

- Other

3926

3926 90

0.0 %

0.0 %

6402 99 50

6402 99 96

6402 99 93

6402 99 91----- Slippers and other indoor footwear

6402 99 39-------- For men------- Other------- Footwear which cannot be identified
as men's or women's footwear------ Of 24 cm or more------ Of less than 24 cm----- Other, with insoles of a length------ Other

6402 99 31---- With uppers of plastics---- With uppers of rubber----- Footwear with a vamp made of straps
or which has one or several pieces cut out------ With sole and heel combined having aheight of more than 3 cm

6402 99 10--- Incorporating a protective metal toecap

6402 99 05--- Other-- Other- Other footwear

6402 99

64

XII

16.8 %

16.8 %

16.8 %

16.8 %

16.8 %

16.8 %

16.8 %

17.0 %

4.5 %

B10

B10

B10

B10

B10

B10

B10

B10

EU10

B3

B3

13.7 %

13.7 %

13.7 %

13.7 %

13.7 %

13.7 %

13.7 %

13.9 %

4.0 %

2.3 %

2.3 %

12.2 %

12.2 %

12.2 %

12.2 %

12.2 %

12.2 %

12.2 %

12.4 %

4.0 %

1.1 %

1.1 %

9.2 %

9.2 %

9.2 %

9.2 %

9.2 %

9.2 %

9.2 %

9.3 %

4.0 %

0.0 %

0.0 %

- 430 -

10.7 %

10.7 %

10.7 %

10.7 %

10.7 %

10.7 %

10.7 %

10.8 %

4.0 %

0.0 %

0.0 %

7.6 %

7.6 %

7.6 %

7.6 %

7.6 %

7.6 %

7.6 %

7.7 %

4.0 %

0.0 %

0.0 %

6.1 %

6.1 %

6.1 %

6.1 %

6.1 %

6.1 %

6.1 %

6.2 %

4.0 %

0.0 %

0.0 %

4.6 %

4.6 %

4.6 %

4.6 %

4.6 %

4.6 %

4.6 %

4.6 %

3.0 %

0.0 %

0.0 %

3.1 %

3.1 %

3.1 %

3.1 %

3.1 %

3.1 %

3.1 %

3.1 %

2.0 %

0.0 %

0.0 %

1.5 %

1.5 %

1.5 %

1.5 %

1.5 %

1.5 %

1.5 %

1.5 %

1.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

Other footwear with outer soles and uppersof rubber or plastics

0.0 %

0.0 %

6402

0.0 %

0.0 %

As from
15thyear- Other
4.0 %
B3
2.0 %
1.0 %
0.0 %
0.0 %
0.0 %
0.0 %
0.0 %
0.0 %
0.0 %
0.0 %
0.0 %
0.0 %
0.0 %
0.0 %
0.0 %
SECTION XII - FOOTWEAR, HEADGEAR, UMBRELLAS, SUN UMBRELLAS, WALKING STICKS, SEAT-STICKS, WHIPS, RIDING-CROPS AND PARTS THEREOF; PREPARED FEATHERS AND ARTICLES MADE
THEREWITH; ARTIFICIAL FLOWERS; ARTICLES OF HUMAN HAIR
CHAPTER 64 - FOOTWEAR, GAITERS AND THE LIKE; PARTS OF SUCH ARTICLES

0.0 %

0.0 %

14th
year

4011 90 00

0.0 %

0.0 %

13th
year

4.0 %

0.0 %

0.0 %

12th
year

4011 80 00

0.0 %

0.6 %

11th
year

- Of a kind used on construction, mining or
industrial handling vehicles and machines

0.0 %

1.2 %

10th
year

4.5 %

0.0 %

1.8 %

7th year 8th year 9th year

- Of a kind used on motorcycles

0.8 %

2.4 %

6th
year

- Of a kind used on aircraft

1.6 %

3.0 %

5th
year

4011 40 00

2.4 %

3.5 %

4th yearNew pneumatic tyres, of rubber

3.3 %

4.1 %

3rd
year

4011 30 00

4.1 %

4.7 %

2nd
year

4011

4.9 %

5.3 %

1st year40

Note--- Other

B7

B10

Category

CHAPTER 40 - RUBBER AND ARTICLES THEREOF

6.5 %

6.5 %

Base rate

3926 90 97-- Other-- Of polymers of ethylene- Sacks and bags (including cones)

Description

3923 21 00

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Footwear with outer soles of rubber,plastics, leather or composition leather anduppers of textile materials

6404- Other-- Other

CHAPTER 70 - GLASS AND GLASSWARE

Glass in balls (other than microspheres ofheading 7018), rods or tubes, unworked- Rods-- Of optical glass-- Other

Glass fibres (including glass wool) andarticles thereof (for example, yarn, woven
fabrics)

6903

6903 906903 90 90

70

7002

7002 207002 20 107002 20 90

7019-- Other--- Of filaments

7019 197019 19 10- Slivers, rovings, yarn and chopped strands

Other refractory ceramic goods (forexample, retorts, crucibles, muffles,
nozzles, plugs, supports, cupels, tubes,
pipes, sheaths and rods), other than those ofsiliceous fossil meals or of similar siliceous
earths

7.0 %

3.0 %

3.0 %

5.0 %

B5

B3

B3

B3

4.7 %

1.5 %

1.5 %

2.5 %

3.5 %

0.8 %

0.8 %

1.3 %

1.2 %

0.0 %

0.0 %

0.0 %

- 431 -

2.3 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

I. GOODS OF SILICEOUS FOSSIL MEALS OR OF SIMILAR SILICEOUS EARTHS, AND REFRACTORY GOODS

7.7 %

7.7 %

7.7 %

0.0 %

0.0 %

0.0 %

0.0 %

6.2 %

6.2 %

6.1 %

0.0 %

0.0 %

0.0 %

0.0 %

4.6 %

4.6 %

4.6 %

0.0 %

0.0 %

0.0 %

0.0 %

3.1 %

3.1 %

3.1 %

0.0 %

0.0 %

0.0 %

0.0 %

1.5 %

1.5 %

1.5 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

CHAPTER 69 - CERAMIC PRODUCTS

9.3 %

9.3 %

9.2 %

69

XIII

10.8 %

10.8 %

10.8 %-- With outer soles of rubber, plastics,
13.9 % 12.4 % 10.8 % 9.3 %
7.7 %
6.2 %
4.6 %
3.1 %
1.5 %
0.0 %
17.0 %
B10
leather or composition leather
SECTION XIII - ARTICLES OF STONE, PLASTER, CEMENT, ASBESTOS, MICA OR SIMILAR MATERIALS; CERAMIC PRODUCTS; GLASS AND GLASSWARE

12.4 %

12.4 %

12.3 %

6405 90 10

13.9 %

13.9 %

13.8 %- Other

B10

B10

B10

6405 9017.0 %

17.0 %

16.9 %

Other footwear

0.0 %

0.0 %

-- Other

1.5 %

1.5 %

6405

3.1 %

3.1 %

10th
year

6404 20 90

4.6 %

4.6 %

7th year 8th year 9th year-- Slippers and other indoor footwear

6.1 %

6.1 %

6th
year

6404 20 10

7.7 %

7.6 %

5th
year

6404 20

9.2 %

9.2 %

4th year- Footwear with outer soles of leather orcomposition leather

10.8 %

10.7 %

3rdyear--- Other

12.3 %

12.2 %

2ndyear

6404 19 90

13.8 %

13.7 %

1st year--- Slippers and other indoor footwear

Note-- Other
B10

B10

Category

6404 19 10

16.9 %

16.8 %

Base rate

6404 19- Footwear with outer soles of rubber orplastics-------- For women

Description

6402 99 98

CN 2017

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

11th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

12th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

13th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

14th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

As from
15th
year

433

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19:16:45--- Profiles

Aluminium foil (whether or not printed orbacked with paper, paperboard, plastics orsimilar backing materials) of a thickness(excluding any backing) not exceeding 0.2
mm7604 29 90

7607--- Of a thickness of not less than
0.021 mm but not more than
0.2 mm-- Other--- Of a thickness of not less than
0.021 mm but not more than
0.2 mmStranded wire, cables, plaited bands and thelike, of aluminium, not electricallyinsulated- With steel core

Other articles of aluminium

7607 11 90

7607 197607 19 90

7614

7614 10 00

7616

Titanium and articles thereof, including
waste and scrap- Unwrought titanium; powders- Other

81

8108

8108 20 00

8108 90

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

-- Other knives having fixed blades-- Knives having other than fixed blades8211 93 00- Other

8211 92 00
8.5 %

8.5 %
B5

B5

5.7 %

5.7 %

4.3 %

4.3 %

1.4 %

1.4 %

- 432 -

2.8 %

2.8 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

7th year 8th year 9th year

Knives with cutting blades, serrated or not(including pruning knives), other thanknives of heading 8208, and blades therefor

1.2 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

6th
year

8211

2.3 %

0.8 %

1.0 %

1.0 %

1.3 %

1.3 %

0.0 %

5th
year

-- Plates, sheets, strip and foil

3.5 %

1.7 %

2.0 %

2.0 %

2.5 %

2.5 %

1.3 %

4th year

CHAPTER 82 - TOOLS, IMPLEMENTS, CUTLERY, SPOONS AND FORKS, OF BASE METAL; PARTS THEREOF OF BASE METAL

4.7 %

2.5 %

3.0 %

3.0 %

3.8 %

3.8 %

2.5 %

3rd
year

82

B5

3.3 %

4.0 %

4.0 %

5.0 %

5.0 %

3.8 %

2nd
year

8108 90 50

7.0 %

B5

CHAPTER 81 - OTHER BASE METALS; CERMETS; ARTICLES THEREOF

5.0 %--- Other

7616 99 90

B5

B5

B5

B5

5.0 %

1st year-- Other
6.0 %

6.0 %

7.5 %

7.5 %

B5

Note

7616 99- Other-- Rolled but not further worked

7607 11- Not backed-- Other

7604 29
7.5 %Aluminium bars, rods and profiles

7604- Of aluminium alloys

CHAPTER 76 - ALUMINIUM AND ARTICLES THEREOF

Category

76

Base rate

SECTION XV - BASE METALS AND ARTICLES OF BASE METAL

Description

XV

CN 2017

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

10th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

11th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

12th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

13th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

14th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

As from
15th
year

434

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19:16:45- Other engines

8407 90

Compression-ignition internal combustion
piston engines (diesel or semi-diesel
engines)- Engines of a kind used for the propulsionof vehicles of Chapter 87-- For the industrial assembly of:pedestrian-controlled tractors of subheading
8701 10; motor vehicles of heading 8703;
motor vehicles of heading 8704 with anengine of a cylinder capacity of less than
2,500 cm3; motor vehicles of heading 8705

- Other engines

8408

8408 208408 20 108408 90

4.2 %
4.2 %

---- Exceeding 50 kW but not exceeding
100 kW---- Exceeding 100 kW but not exceeding
200 kW

Other engines and motors

8408 90 45

8408 90 47

8408 90 61

8412---- Hydraulic fluid power motors-- Linear acting (cylinders)

Air-conditioning machines, comprising a
motor-driven fan and elements for changing
the temperature and humidity, including
those machines in which the humidity
cannot be separately regulated

8415- Pneumatic power engines and motors

8412 31 00

8412 29 81-- Other--- Other

4.2 %

4.2 %

4.2 %

---- Exceeding 30 kW but not exceeding 50
kW8412 29

4.2 %---- Exceeding 15 kW but not exceeding 30
kW8408 90 43- Hydraulic power engines and motors

4.2 %---- Not exceeding 15 kW

2.7 %

4.2 %

8408 90 41--- New, of a power-- Other---- Of a power exceeding 10 kW

8407 90 90--- Other-- Of a cylinder capacity exceeding 250 cm³

Spark-ignition reciprocating or rotaryinternal combustion piston engines

Base rate

B3

B3

B3

B3

B3

B3

B3

B3

B3

Category

Note

2.1 %

2.1 %

2.1 %

2.1 %

2.1 %

2.1 %

2.1 %

1.4 %

2.1 %

1st year

1.1 %

1.1 %

1.1 %

1.1 %

1.1 %

1.1 %

1.1 %

0.7 %

1.1 %

2nd
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

4th year- 433 -

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

3rd
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

5th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

6th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

7th year 8th year 9th year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

10th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

11th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

12th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

13th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

14th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

As from
15thyear
SECTION XVI - MACHINERY AND MECHANICAL APPLIANCES; ELECTRICAL EQUIPMENT; PARTS THEREOF; SOUND RECORDERS AND REPRODUCERS, TELEVISION IMAGE AND SOUND RECORDERS
AND REPRODUCERS, AND PARTS AND ACCESSORIES OF SUCH ARTICLESCHAPTER 84 - NUCLEAR REACTORS, BOILERS, MACHINERY AND MECHANICAL APPLIANCES; PARTS THEREOF

Description

8407

84

XVI

CN 2017435

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19:16:46-- Split-system

8415 10 90

Fork-lift trucks; other works trucks fittedwith lifting or handling equipment- Other self-propelled trucks

8427

8427 20- Operated by electrodischarge processes

Lathes (including turning centres) for
removing metal

8458--- Turning centres

8458 11 20

8.0 %
8.0 %

---- Multi-spindle--- OtherBall or roller bearings- Ball bearings-- With greatest external diameter notexceeding 30 mm-- Other- Tapered roller bearings, including cone
and tapered roller assemblies

8458 11 80

8482

8482 108482 10 108482 10 90

8482 20 00

8.0 %

2.7 %

2.7 %

---- Single spindle

8458 11 49

2.7 %

2.7 %

3.5 %

4.0 %

4.5 %

2.7 %

2.5 %

Base rate

8458 11 41--- Automatic lathes-- Numerically controlled

8458 11- Horizontal lathes--- Wire-cut

8456 30 11-- Numerically controlled

8456 30- Of machinery of heading 8427

8431 20 00

8456

Parts suitable for use solely or principallywith the machinery of headings 8425 to
8430

8431

Machine tools for working any material byremoval of material, by laser or other lightor photon beam, ultrasonic,
electrodischarge, electrochemical, electron
beam, ionic-beam or plasma arc processes;
water-jet cutting machines--- Other8427 20 19-- With a lifting height of 1 m or more-- Incorporating a refrigerating unit and avalve for reversal of the cooling/heat cycle(reversible heat pumps)

8415 81 00- Other- Of a kind designed to be fixed to awindow, wall, ceiling or floor, selfcontained or "split-system"

Description

8415 10

CN 2017

B7

B7

B7

B3

B3

B3

B3

B3

B3

B3

B3

B3

Category

Note

6.0 %

6.0 %

6.0 %

1.4 %

1.4 %

1.4 %

1.4 %

1.8 %

2.0 %

2.3 %

1.4 %

1.3 %

1st year

5.0 %

5.0 %

5.0 %

0.7 %

0.7 %

0.7 %

0.7 %

0.9 %

1.0 %

1.1 %

0.7 %

0.6 %

2nd
year

3.0 %

3.0 %

3.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

4th year- 434 -

4.0 %

4.0 %

4.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

3rd
year

2.0 %

2.0 %

2.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

5th
year

1.0 %

1.0 %

1.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

6th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

7th year 8th year 9th year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

10th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

11th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

12th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

13th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

14th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

As from
15th
year

436

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2020/10/23

19:16:47

8.0 %- Other, including combined ball/roller
bearings

8482 80 00-- OtherTransmission shafts (including cam shafts
and crank shafts) and cranks; bearing
housings and plain shaft bearings; gears andgearing; ball or roller screws; gear boxes
and other speed changers, including torqueconverters; flywheels and pulleys, including
pulley blocks; clutches and shaft couplings(including universal joints)

8482 99 00

8483

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

12th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

13th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

14th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

As from
15thyear--- Cylindrical cells--- Other- Silver oxide- Lithium-- Cylindrical cells-- Button cells-- Other

8506 10 188506 40 00

8506 50

8506 50 108506 50 30

8506 50 90-- Alkaline

8506 10 11

8506

85

4.7 %

4.7 %

4.7 %

4.7 %

4.7 %

4.7 %

4.0 %

4.0 %

4.0 %

B3

B3

B3

B3

B3

B3

B5

B5

B5

2.4 %

2.4 %

2.4 %

2.4 %

2.4 %

2.4 %

2.7 %

2.7 %

2.7 %

1.2 %

1.2 %

1.2 %

1.2 %

1.2 %

1.2 %

2.0 %

2.0 %

2.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.7 %

0.7 %

0.7 %

- 435 -

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

1.3 %

1.3 %

1.3 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

- Manganese dioxide

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

11th
year

8506 10

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

10th
year

- Bearing housings, incorporating ball or
4.0 %
3.0 %
2.0 %
1.0 %
0.0 %
0.0 %
0.0 %
0.0 %
0.0 %
0.0 %
0.0 %
0.0 %
0.0 %
0.0 %
0.0 %
6.0 %
B5
roller bearings
CHAPTER 85 - ELECTRICAL MACHINERY AND EQUIPMENT AND PARTS THEREOF; SOUND RECORDERS AND REPRODUCERS, TELEVISION IMAGE AND SOUND RECORDERS AND REPRODUCERS, AND
PARTS AND ACCESSORIES OF SUCH ARTICLES
Primary cells and primary batteries

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

7th year 8th year 9th year

8483 20 00

0.0 %

0.0 %

0.0 %

0.0 %

1.0 %

1.0 %

0.0 %

6th
year

-- Articulated shafts

0.0 %

0.0 %

0.0 %

0.0 %

2.0 %

2.0 %

0.0 %

5th
year

8483 10 50

0.7 %

1.3 %

1.3 %

1.3 %

3.0 %

3.0 %

1.3 %

4th year--- Other

1.3 %

2.7 %

2.6 %

2.7 %

4.0 %

4.0 %

2.7 %

3rd
year

8483 10 29

2.0 %

4.0 %

3.9 %

4.0 %

5.0 %

5.0 %

4.0 %

2nd
year

--- Of open-die forged steel

2.7 %

5.3 %

5.1 %

5.3 %

6.0 %

6.0 %

5.3 %

1st year--- Of cast iron or cast steel

B5

B5

B5

Note

8483 10 25

4.0 %

8.0 %

7.7 %

B5

B7

B7

B5

Category

8483 10 21-- Cranks and crank shafts- Transmission shafts (including cam shafts
and crank shafts) and cranks--- Other

8482 91 90

8483 10-- Balls, needles and rollers

8482 91- Parts

8.0 %- Other cylindrical roller bearings

8482 50 00

8.0 %- Needle roller bearings

8482 40 00

8.0 %Base rate- Spherical roller bearings

Description

8482 30 00

CN 2017437

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436

2020/10/23

19:16:48-- Other- Parts

Electric accumulators, including separators
therefor, whether or not rectangular(including square)- Other lead-acid accumulators-- OtherPortable electric lamps designed to function
by their own source of energy (for example,
dry batteries, accumulators, magnetos),other than lighting equipment of heading
8512- Lamps- Parts

Sound recording or sound reproducing
apparatus

8506 80 80

8506 90 00

8507

8507 208507 20 80

8513

8513 10 00

8513 90 00

8519

8527

----- Of the cassette-type with an analogue
and digital reading system----- Other

8527 21 98---- Other---- With laser reading system--- Other-- Combined with sound recording or
reproducing apparatus

8527 21 92

8527 21 70

8527 21

Reception apparatus forradio-broadcasting, whether or not
combined, in the same housing, with soundrecording or reproducing apparatus or aclock

- Radio-broadcast receivers not capable ofoperating without an external source ofpower, of a kind used in motor vehicles--- With laser reading system8519 20 91-- Other- Apparatus operated by coins, banknotes,
bank cards, tokens or by other means of
payment- Other primary cells and primary batteries

8506 808519 20

Description

CN 201710.0 %

14.0 %

14.0 %

9.5 %

5.7 %

5.7 %

3.7 %

4.7 %

4.7 %

Base rate

B7

B7

B7

B5

B3

B3

B7

B3

B3

Category

Note

7.5 %

10.5 %

10.5 %

6.3 %

2.9 %

2.9 %

2.8 %

2.4 %

2.4 %

1st year

6.3 %

8.8 %

8.8 %

4.8 %

1.4 %

1.4 %

2.3 %

1.2 %

1.2 %

2nd
year

3.8 %

5.3 %

5.3 %

1.6 %

0.0 %

0.0 %

1.4 %

0.0 %

0.0 %

4th year- 436 -

5.0 %

7.0 %

7.0 %

3.2 %

0.0 %

0.0 %

1.9 %

0.0 %

0.0 %

3rd
year

2.5 %

3.5 %

3.5 %

0.0 %

0.0 %

0.0 %

0.9 %

0.0 %

0.0 %

5th
year

1.3 %

1.8 %

1.8 %

0.0 %

0.0 %

0.0 %

0.5 %

0.0 %

0.0 %

6th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

7th year 8th year 9th year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

10th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

11th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

12th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

13th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

14th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

As from
15th
year

438

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19:16:48--- Apparatus incorporating a video
recorder or reproducer

8528 72 20

Thermionic, cold cathode or photocathodevalves and tubes (for example, vacuum orvapour or gas filled valves and tubes,
mercury arc rectifying valves and tubes,
cathode ray tubes, television camera tubes)

8528 72 80

8540

7.0 %

7.0 %

7.0 %

7.0 %

7.0 %

7.0 %

10.2 %

10.2 %

2nd
year

4.7 %

4.7 %

4.7 %

4.7 %

4.7 %

4.7 %

8.9 %

8.9 %

3rd
year

2.3 %

2.3 %

2.3 %

2.3 %

2.3 %

2.3 %

2.3 %

7.6 %

7.6 %

4th year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

6.4 %

6.4 %

5th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

5.1 %

5.1 %

6th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

3.8 %

3.8 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

2.5 %

2.5 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

1.3 %

1.3 %

7th year 8th year 9th year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

10th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

11th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

12th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

13th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

14th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

As from
15thyear- Powered from an external source ofelectricity- Powered by electric accumulators

Other rail locomotives; locomotive tenders- Diesel-electric locomotives

8601 10 00

8601 20 00

8602

8602 10 00

8601

XVII

1.7 %

1.7 %

1.7 %

B12

B12

B12

1.4 %

1.4 %

1.4 %

1.3 %

1.3 %

1.3 %

1.0 %

1.0 %

1.0 %

- 437 -

1.2 %

1.2 %

1.2 %

0.9 %

0.9 %

0.9 %

0.8 %

0.8 %

0.8 %

0.7 %

0.7 %

0.7 %

0.5 %

0.5 %

0.5 %

0.4 %

0.4 %

0.4 %

0.3 %

0.3 %

0.3 %

0.1 %

0.1 %

0.1 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

CHAPTER 86 - RAILWAY OR TRAMWAY LOCOMOTIVES, ROLLING STOCK AND PARTS THEREOF; RAILWAY OR TRAMWAY TRACK FIXTURES AND FITTINGS AND PARTS THEREOF; MECHANICAL(INCLUDING ELECTROMECHANICAL) TRAFFIC SIGNALLING EQUIPMENT OF ALL KINDS
Rail locomotives powered from an externalsource of electricity or by electric
accumulators

9.3 %

9.3 %

9.3 %

9.3 %

9.3 %

9.3 %

11.5 %

11.5 %

1st year

86

B5

B5

B5

Note

-- Colour
14.0 %
B5
9.3 %
7.0 %
4.7 %
SECTION XVII - VEHICLES, AIRCRAFT, VESSELS AND ASSOCIATED TRANSPORT EQUIPMENT

14.0 %

14.0 %

14.0 %

B5

B5

B5

B10

B10

Category

8540 11 00- Cathode ray television picture tubes,
including video monitor cathode ray tubes---- Other

8528 72 40

8528 72 60---- With a screen of the liquid crystal
display (LCD) technology---- With a screen of the plasma display
panel (PDP) technology---- With integral tube

14.0 %--- Television projection equipment

8528 72 108528 72 30

14.0 %-- Other, colour

8528 72--- Other

14.0 %--- Other8528 69 80

14.0 %

14.0 %

Base rate-- Other- Projectors-- Other- Other monitors

Monitors and projectors, not incorporating
television reception apparatus; reception
apparatus for television, whether or notincorporating radio-broadcast receivers orsound or video recording or reproducing
apparatus

Description

8528 698528 59 00

8528

CN 2017439

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2020/10/23

19:16:49

1.7 %
1.7 %

Railway or tramway goods vans andwagons, not self-propelled- Tank wagons and the like- Self-discharging vans and wagons, otherthan those ofsubheading 8606 10

8604 00 00

8606

8606 10 00

8606 30 00--- Other-- Open, with non-removable sides of aheight exceeding 60 cm-- OtherParts of railway or tramway locomotives orrolling stock

8606 91 80

8606 92 00

8606 99 00

8607--- Parts of bogies, bissel-bogies and thelike8607 19 90

1.7 %--- Other-- Other- Hooks and other coupling devices,buffers, and parts thereof

8607 21 90

8607 29 00

8607 30 00-- Of locomotives--- Axle-boxes and parts thereof--- Other

8607 918607 91 108607 91 90- Other

1.7 %--- Of cast iron or cast steel

8607 21 10

1.7 %

3.7 %

1.7 %

-- Air brakes and parts thereof

8607 21
1.7 %

1.7 %

--- Axles, assembled or not; wheels andparts thereof

8607 19 10- Brakes and parts thereof

2.7 %-- Other, including parts

8607 19- Bogies, bissel-bogies, axles and wheels,and parts thereof

1.7 %--- Specially designed for the transport ofhighly radioactive materials (Euratom)

8606 91 10

1.7 %

1.7 %

-- Covered and closed

8606 91
1.7 %

1.7 %

Railway or tramway maintenance or service
vehicles, whether or not self-propelled (forexample, workshops, cranes, ballast
tampers, trackliners, testing coaches andtrack inspection vehicles)- Other

1.7 %Base rate- Other

Description

8602 90 00

CN 2017

B12

B12

B12

B12

B12

B12

B12

B12

B12

B12

B12

B12

B12

B12

B12

B12

Category

Note

1.4 %

3.1 %

1.4 %

1.4 %

1.4 %

1.4 %

1.4 %

2.3 %

1.4 %

1.4 %

1.4 %

1.4 %

1.4 %

1.4 %

1.4 %

1.4 %

1st year

1.3 %

2.8 %

1.3 %

1.3 %

1.3 %

1.3 %

1.3 %

2.1 %

1.3 %

1.3 %

1.3 %

1.3 %

1.3 %

1.3 %

1.3 %

1.3 %

2nd
year

1.0 %

2.3 %

1.0 %

1.0 %

1.0 %

1.0 %

1.0 %

1.7 %

1.0 %

1.0 %

1.0 %

1.0 %

1.0 %

1.0 %

1.0 %

1.0 %

4th year- 438 -

1.2 %

2.6 %

1.2 %

1.2 %

1.2 %

1.2 %

1.2 %

1.9 %

1.2 %

1.2 %

1.2 %

1.2 %

1.2 %

1.2 %

1.2 %

1.2 %

3rd
year

0.9 %

2.0 %

0.9 %

0.9 %

0.9 %

0.9 %

0.9 %

1.5 %

0.9 %

0.9 %

0.9 %

0.9 %

0.9 %

0.9 %

0.9 %

0.9 %

5th
year

0.8 %

1.7 %

0.8 %

0.8 %

0.8 %

0.8 %

0.8 %

1.2 %

0.8 %

0.8 %

0.8 %

0.8 %

0.8 %

0.8 %

0.8 %

0.8 %

6th
year

0.7 %

1.4 %

0.7 %

0.7 %

0.7 %

0.7 %

0.7 %

1.0 %

0.7 %

0.7 %

0.7 %

0.7 %

0.7 %

0.7 %

0.7 %

0.7 %

0.5 %

1.1 %

0.5 %

0.5 %

0.5 %

0.5 %

0.5 %

0.8 %

0.5 %

0.5 %

0.5 %

0.5 %

0.5 %

0.5 %

0.5 %

0.5 %

0.4 %

0.9 %

0.4 %

0.4 %

0.4 %

0.4 %

0.4 %

0.6 %

0.4 %

0.4 %

0.4 %

0.4 %

0.4 %

0.4 %

0.4 %

0.4 %

7th year 8th year 9th year

0.3 %

0.6 %

0.3 %

0.3 %

0.3 %

0.3 %

0.3 %

0.4 %

0.3 %

0.3 %

0.3 %

0.3 %

0.3 %

0.3 %

0.3 %

0.3 %

10th
year

0.1 %

0.3 %

0.1 %

0.1 %

0.1 %

0.1 %

0.1 %

0.2 %

0.1 %

0.1 %

0.1 %

0.1 %

0.1 %

0.1 %

0.1 %

0.1 %

11th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

12th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

13th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

14th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

As from
15th
year

440

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2020/10/23

19:16:49--- Other-- Exceeding 18 kW but not exceeding 37
kW--- Other-- Exceeding 37 kW but not exceeding 75
kW--- Other-- Exceeding 75 kW but not exceeding 130
kW--- Other-- Exceeding 130 kW--- Other

Motor vehicles for the transport of ten or
more persons, including the driver- With only compression-ignition internal
combustion piston engine (diesel or semidiesel)

8701 91 90

8701 92

8701 92 90

8701 938701 93 90

8701 94

8701 94 90

8701 95

8701 95 90

8702

8702 10--- Used

8702 10 19--- Used- With both compression-ignition internal
combustion piston engine (diesel or semidiesel) and electric motor as motors for
propulsion

8702 10 99

8702 20-- Of a cylinder capacity not exceeding
2,500 cm³--- New

8702 10 11-- Of a cylinder capacity exceeding 2,500
cm³-- Not exceeding 18 kW

8701 91

10.0 %

16.0 %

16.0 %

7.0 %

7.0 %

7.0 %

7.0 %

7.0 %

16.0 %

B12

B12

B12

B12

B12

B12

B12

B12

B12

8.5 %

13.5 %

13.5 %

5.9 %

5.9 %

5.9 %

5.9 %

5.9 %

13.5 %

7.7 %

12.3 %

12.3 %

5.4 %

5.4 %

5.4 %

5.4 %

5.4 %

12.3 %

6.2 %

9.8 %

9.8 %

4.3 %

4.3 %

4.3 %

4.3 %

4.3 %

9.8 %

1.0 %

- 439 -

6.9 %

11.1 %

11.1 %

4.8 %

4.8 %

4.8 %

4.8 %

4.8 %

11.1 %

1.2 %

5.4 %

8.6 %

8.6 %

3.8 %

3.8 %

3.8 %

3.8 %

3.8 %

8.6 %

0.9 %

4.6 %

7.4 %

7.4 %

3.2 %

3.2 %

3.2 %

3.2 %

3.2 %

7.4 %

0.8 %

3.8 %

6.2 %

6.2 %

2.7 %

2.7 %

2.7 %

2.7 %

2.7 %

6.2 %

0.7 %

-- New- Other, of an engine power

1.3 %- Road tractors for semi-trailers

1.4 %8701 20 10

B12

3.1 %

4.9 %

4.9 %

2.2 %

2.2 %

2.2 %

2.2 %

2.2 %

4.9 %

0.5 %

2.3 %

3.7 %

3.7 %

1.6 %

1.6 %

1.6 %

1.6 %

1.6 %

3.7 %

0.4 %

7th year 8th year 9th year

8701 20

6thyear

Tractors (other than tractors of heading
8709)

5th
year

8701

4th year

CHAPTER 87 - VEHICLES OTHER THAN RAILWAY OR TRAMWAY ROLLING STOCK, AND PARTS AND ACCESSORIES THEREOF

3rd
year

87

2nd
year

1.7 %

1st year

8608 00 00

Note

Railway or tramway track fixtures andfittings; mechanical (including
electromechanical) signalling, safety or
traffic control equipment for railways,
tramways, roads, inland waterways, parking
facilities, port installations or airfields;
parts of the foregoing

Category

Base rate

Description

CN 2017

1.5 %

2.5 %

2.5 %

1.1 %

1.1 %

1.1 %

1.1 %

1.1 %

2.5 %

0.3 %

10th
year

0.8 %

1.2 %

1.2 %

0.5 %

0.5 %

0.5 %

0.5 %

0.5 %

1.2 %

0.1 %

11th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

12th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

13th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

14th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

As from
15th
year

441

02-1_英文【附属書】白406-702.indd

440

2020/10/23

19:16:50-- Of a cylinder capacity not exceeding
2,800 cm3

- With only electric motor for propulsion- Other

8702 30 90

8702 40 00

8702 90---- Used

8702 90 19-- With other engines

Motor cars and other motor vehicles
principally designed for the transport ofpersons (other than those of heading 8702),
including station wagons and racing cars

- Vehicles specially designed for travellingon snow; golf cars and similar vehicles-- Vehicles specially designed for travellingon snow, with compression-ignition internal
combustion piston engine (diesel or semidiesel), or with spark-ignition internal
combustion piston engine-- Other

8702 90 908703

8703 108703 10 118703 10 18-- Of a cylinder capacity not exceeding
1,000 cm³--- New--- Used-- Of a cylinder capacity exceeding 1,000
cm³ but not exceeding 1,500 cm³--- New

8703 218703 21 108703 21 90

8703 228703 22 10- Other vehicles, with only
spark-ignition internal combustion
reciprocating piston engine---- New

8702 90 31--- Of a cylinder capacity not exceeding
2,800 cm³---- New

8702 90 11--- Of a cylinder capacity exceeding 2,800
cm³-- With spark-ignition internal combustion
piston engine

10.0 %-- Of a cylinder capacity exceeding 2,800
cm38702 30 1010.0 %

10.0 %

10.0 %

10.0 %

5.0 %

10.0 %

10.0 %

16.0 %

16.0 %

10.0 %

16.0 %- With both spark-ignition internal
combustion reciprocating piston engine andelectric motor as motors for propulsion

8702 30

16.0 %

Base rate-- Of a cylinder capacity exceeding 2,500
cm3Description

8702 20 10

CN 2017

B7

B7

B7

B7

B7

B12

B12

B12

B12

B12

B12

B12

B12

Category

Note

7.5 %

7.5 %

7.5 %

7.5 %

3.8 %

8.5 %

8.5 %

13.5 %

13.5 %

8.5 %

8.5 %

13.5 %

13.5 %

1st year

6.3 %

6.3 %

6.3 %

6.3 %

3.1 %

7.7 %

7.7 %

12.3 %

12.3 %

7.7 %

7.7 %

12.3 %

12.3 %

2nd
year

3.8 %

3.8 %

3.8 %

3.8 %

1.9 %

6.2 %

6.2 %

9.8 %

9.8 %

6.2 %

6.2 %

9.8 %

9.8 %

4th year- 440 -

5.0 %

5.0 %

5.0 %

5.0 %

2.5 %

6.9 %

6.9 %

11.1 %

11.1 %

6.9 %

6.9 %

11.1 %

11.1 %

3rd
year

2.5 %

2.5 %

2.5 %

2.5 %

1.3 %

5.4 %

5.4 %

8.6 %

8.6 %

5.4 %

5.4 %

8.6 %

8.6 %

5th
year

1.3 %

1.3 %

1.3 %

1.3 %

0.6 %

4.6 %

4.6 %

7.4 %

7.4 %

4.6 %

4.6 %

7.4 %

7.4 %

6th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

3.8 %

3.8 %

6.2 %

6.2 %

3.8 %

3.8 %

6.2 %

6.2 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

3.1 %

3.1 %

4.9 %

4.9 %

3.1 %

3.1 %

4.9 %

4.9 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

2.3 %

2.3 %

3.7 %

3.7 %

2.3 %

2.3 %

3.7 %

3.7 %

7th year 8th year 9th year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

1.5 %

1.5 %

2.5 %

2.5 %

1.5 %

1.5 %

2.5 %

2.5 %

10th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.8 %

0.8 %

1.2 %

1.2 %

0.8 %

0.8 %

1.2 %

1.2 %

11th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

12th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

13th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

14th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

As from
15th
year

442

02-1_英文【附属書】白406-702.indd441

2020/10/23

19:16:51-- Of a cylinder capacity exceeding 1,500
cm³ but not exceeding 3,000 cm³8703 23---- Other--- Used-- Of a cylinder capacity exceeding 3,000
cm³--- New--- Used

8703 23 198703 23 90

8703 248703 24 108703 24 90--- New--- Used-- Of a cylinder capacity exceeding 1,500
cm³ but not exceeding 2,500 cm³8703 31 108703 31 90

8703 32---- Other--- Used-- Of a cylinder capacity exceeding 2,500
cm³8703 32 198703 32 90

8703 33---- Motor caravans---- Other--- Used- Other vehicles, with bothspark-ignition internal combustion
reciprocating piston engine and electricmotor as motors for propulsion, other thanthose capable of being charged by plugging
to external source of electric power-- New

8703 33 118703 33 198703 33 90

8703 408703 40 10--- New---- Motor caravans

8703 32 11--- New-- Of a cylinder capacity not exceeding
1,500 cm³8703 31- Other vehicles, with only compressionignition internal combustion piston engine(diesel or semi-diesel)---- Motor caravans

8703 23 11--- New--- Used

Description

8703 22 90

CN 201710.0 %

10.0 %

10.0 %

10.0 %

10.0 %

10.0 %

10.0 %

10.0 %

10.0 %

10.0 %

10.0 %

10.0 %

10.0 %

10.0 %

10.0 %

Base rate

B7

B7

B7

B7

B7

B7

B7

B7

B7

B7

B7

B7

B7

B7

B7

Category

Note

7.5 %

7.5 %

7.5 %

7.5 %

7.5 %

7.5 %

7.5 %

7.5 %

7.5 %

7.5 %

7.5 %

7.5 %

7.5 %

7.5 %

7.5 %

1st year

6.3 %

6.3 %

6.3 %

6.3 %

6.3 %

6.3 %

6.3 %

6.3 %

6.3 %

6.3 %

6.3 %

6.3 %

6.3 %

6.3 %

6.3 %

2nd
year

3.8 %

3.8 %

3.8 %

3.8 %

3.8 %

3.8 %

3.8 %

3.8 %

3.8 %

3.8 %

3.8 %

3.8 %

3.8 %

3.8 %

3.8 %

4th year- 441 -

5.0 %

5.0 %

5.0 %

5.0 %

5.0 %

5.0 %

5.0 %

5.0 %

5.0 %

5.0 %

5.0 %

5.0 %

5.0 %

5.0 %

5.0 %

3rd
year

2.5 %

2.5 %

2.5 %

2.5 %

2.5 %

2.5 %

2.5 %

2.5 %

2.5 %

2.5 %

2.5 %

2.5 %

2.5 %

2.5 %

2.5 %

5th
year

1.3 %

1.3 %

1.3 %

1.3 %

1.3 %

1.3 %

1.3 %

1.3 %

1.3 %

1.3 %

1.3 %

1.3 %

1.3 %

1.3 %

1.3 %

6th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

7th year 8th year 9th year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

10th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

11th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

12th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

13th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

14th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

As from
15th
year

443

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2020/10/23

19:16:52

10.0 %-- New-- Used- Other vehicles, with both compressionignition internal combustion piston engine(diesel or semi-diesel) and electric motor as
motors for propulsion, capable of being
charged by plugging to external source ofelectric power- Other vehicles, with only electric motor
for propulsion-- New-- Used- Other

Motor vehicles for the transport of goods

8703 60

8703 60 108703 60 90

8703 70 00

8703 80

8703 80 108703 80 90

8703 90 00

8704

8704 21 91----- Used----- New---- With engines of a cylinder capacity notexceeding 2,500 cm³----- New

8704 21 39---- With engines of a cylinder capacity
exceeding 2,500 cm³--- Other-- Of a gross vehicle weight not exceeding
5 tonnes--- Specially designed for the transport ofhighly radioactive materials (Euratom)

8704 21 31

8704 21 108704 2110.0 %- Other vehicles, with bothspark-ignition internal combustion
reciprocating piston engine and electricmotor as motors for propulsion, capable ofbeing charged by plugging to externalsource of electric power

8703 50 00- Other, with compression-ignition internal
combustion piston engine (diesel or semidiesel)

10.0 %- Other vehicles, with both compressionignition internal combustion piston engine(diesel or semi-diesel) and electric motor as
motors for propulsion, other than thosecapable of being charged by plugging toexternal source of electric power

10.0 %

22.0 %

22.0 %

3.5 %

10.0 %

10.0 %

10.0 %

10.0 %

10.0 %

Base rate-- UsedDescription

8703 40 90

CN 2017

B7

B7

B7

B7

B7

B7

B7

B7

B7

B7

B7

B7

Category

Note

7.5 %

16.5 %

16.5 %

2.6 %

7.5 %

7.5 %

7.5 %

7.5 %

7.5 %

7.5 %

7.5 %

7.5 %

1st year

6.3 %13.8 %

13.8 %

2.2 %

6.3 %

6.3 %

6.3 %

6.3 %

6.3 %

6.3 %

6.3 %

6.3 %

2nd
year

3.8 %

8.3 %

8.3 %

1.3 %

3.8 %

3.8 %

3.8 %

3.8 %

3.8 %

3.8 %

3.8 %

3.8 %

4th year- 442 -

5.0 %

11.0 %

11.0 %

1.8 %

5.0 %

5.0 %

5.0 %

5.0 %

5.0 %

5.0 %

5.0 %

5.0 %

3rd
year

2.5 %

5.5 %

5.5 %

0.9 %

2.5 %

2.5 %

2.5 %

2.5 %

2.5 %

2.5 %

2.5 %

2.5 %

5th
year

1.3 %

2.8 %

2.8 %

0.4 %

1.3 %

1.3 %

1.3 %

1.3 %

1.3 %

1.3 %

1.3 %

1.3 %

6th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

7th year 8th year 9th year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

10th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

11th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

12th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

13th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

14th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

As from
15th
year

444

02-1_英文【附属書】白406-702.indd443

2020/10/23

19:16:52-- Of a gross vehicle weight exceeding 5
tonnes but not exceeding
20 tonnes--- Specially designed for the transport ofhighly radioactive materials (Euratom)

8704 228704 22 108704 31 10----- Used

8704 31 39---- New---- Used- Other

8704 32 91

8704 32 99

8704 90 00

10.0 %

22.0 %

22.0 %-- Of a gross vehicle weight exceeding 5
tonnes--- Specially designed for the transport ofhighly radioactive materials (Euratom)

8704 32--- Other

3.5 %----- Used

8704 31 99

8704 32 1010.0 %----- New

10.0 %

22.0 %

22.0 %

3.5 %

22.0 %

8704 31 91---- With engines of a cylinder capacity notexceeding 2,800 cm³----- New

8704 31 31---- With engines of a cylinder capacity
exceeding 2,800 cm³--- Other--- Specially designed for the transport ofhighly radioactive materials (Euratom)

8704 31---- Used

8704 23 99- Other, with spark-ignition internal
combustion piston engine-- Of a gross vehicle weight not exceeding
5 tonnes---- New

8704 23 91

22.0 %

3.5 %-- Of a gross vehicle weight exceeding 20
tonnes--- Specially designed for the transport ofhighly radioactive materials (Euratom)

8704 23--- Other---- Used

8704 22 99

8704 23 10

22.0 %---- New

22.0 %

3.5 %

10.0 %

Base rate

8704 22 91--- Other----- Used

Description

8704 21 99

CN 2017

B7

B7

B7

B7

B7

B7

B7

B7

B7

B7

B7

B7

B7

B7

B7

B7

Category

Note

7.5 %

16.5 %

16.5 %

2.6 %

7.5 %

7.5 %

16.5 %

16.5 %

2.6 %

16.5 %

16.5 %

2.6 %

16.5 %

16.5 %

2.6 %

7.5 %

1st year

6.3 %13.8 %

13.8 %

2.2 %

6.3 %

6.3 %

13.8 %

13.8 %

2.2 %

13.8 %

13.8 %

2.2 %

13.8 %

13.8 %

2.2 %

6.3 %

2nd
year

3.8 %

8.3 %

8.3 %

1.3 %

3.8 %

3.8 %

8.3 %

8.3 %

1.3 %

8.3 %

8.3 %

1.3 %

8.3 %

8.3 %

1.3 %

3.8 %

4th year- 443 -

5.0 %

11.0 %

11.0 %

1.8 %

5.0 %

5.0 %

11.0 %

11.0 %

1.8 %

11.0 %

11.0 %

1.8 %

11.0 %

11.0 %

1.8 %

5.0 %

3rd
year

2.5 %

5.5 %

5.5 %

0.9 %

2.5 %

2.5 %

5.5 %

5.5 %

0.9 %

5.5 %

5.5 %

0.9 %

5.5 %

5.5 %

0.9 %

2.5 %

5th
year

1.3 %

2.8 %

2.8 %

0.4 %

1.3 %

1.3 %

2.8 %

2.8 %

0.4 %

2.8 %

2.8 %

0.4 %

2.8 %

2.8 %

0.4 %

1.3 %

6th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

7th year 8th year 9th year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

10th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

11th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

12th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

13th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

14th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

As from
15th
year

445

02-1_英文【附属書】白406-702.indd444

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19:16:53-- Other

8706 00 19

Bodies (including cabs), for the motor
vehicles of headings 8701 to 8705

- For the vehicles of heading 8703-- For industrial assembly purposes-- Other- Other-- For the industrial assembly of:Pedestrian-controlled tractors of subheading
8701 10;
Vehicles of heading 8704 with either acompression-ignition internal combustion
piston engine (diesel or semi-diesel) of acylinder capacity not exceeding 2,500 cm3or with a spark-ignition internal combustion
piston engine of a cylinder capacity notexceeding 2,800 cm3;
Special purpose motor vehicles of heading
8705-- OtherParts and accessories of the motor vehiclesof headings 8701 to 8705

- Bumpers and parts thereof-- Other

8707

8707 108707 10 108707 10 90

8707 908707 90 108707 90 908708

8708 108708 10 90

8708 21-- Other

8706 00 99-- Safety seat belts- Other parts and accessories of bodies(including cabs)-- For vehicles of heading 8703

8706 00 91- Other-- For vehicles of heading 8702 or 8704

- Chassis for tractors ofheading 8701; chassis for motor vehicles ofheading 8702, 8703 or 8704, with either acompression-ignition internal combustion
piston engine (diesel or semi-diesel) of acylinder capacity exceeding 2,500 cm³ orwith a spark-ignition internal combustion
piston engine of a cylinder capacity
exceeding 2,800 cm³

Chassis fitted with engines, for the motor
vehicles of headings 8701 to 8705

Description

8706 00 11

8706 00

CN 2017

4.5 %

4.5 %

4.5 %

4.5 %

4.5 %

10.0 %

4.5 %

6.0 %

19.0 %

Base rate

B3

B7

B7

B7

B7

B7

B7

B7

B7

Category

Note

2.3 %

3.4 %

3.4 %

3.4 %

3.4 %

7.5 %

3.4 %

4.5 %

14.3 %

1st year

1.1 %

2.8 %

2.8 %

2.8 %

2.8 %

6.3 %

2.8 %

3.8 %

11.9 %

2nd
year

0.0 %

1.7 %

1.7 %

1.7 %

1.7 %

3.8 %

1.7 %

2.3 %

7.1 %

4th year- 444 -

0.0 %

2.3 %

2.3 %

2.3 %

2.3 %

5.0 %

2.3 %

3.0 %

9.5 %

3rd
year

0.0 %

1.1 %

1.1 %

1.1 %

1.1 %

2.5 %

1.1 %

1.5 %

4.8 %

5th
year

0.0 %

0.6 %

0.6 %

0.6 %

0.6 %

1.3 %

0.6 %

0.8 %

2.4 %

6th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

7th year 8th year 9th year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

10th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

11th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

12th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

13th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

14th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

As from
15th
year

446

02-1_英文【附属書】白406-702.indd

445

2020/10/23

19:16:53- Road wheels and parts and accessories
thereof8708 70- Suspension systems and parts thereof(including shock-absorbers)

8708 80----- Of closed-die forged steel----- Other-- Silencers (mufflers) and exhaust pipes;
parts thereof--- For the industrial assembly of:Pedestrian-controlled tractors of subheading
8701 10;
Vehicles of heading 8703;
Vehicles of heading 8704 with either acompression-ignition internal combustion
piston engine (diesel or semi-diesel) of acylinder capacity not exceeding 2,500 cm3or with a spark-ignition internal combustion
piston engine of a cylinder capacity notexceeding 2,800 cm3;
Vehicles of heading 8705-- Clutches and parts thereof

8708 91 99

8708 92

8708 92 20

8708 93---- Parts---- Radiators

8708 91 91

8708 91 35--- Other-- Radiators and parts thereof- Other parts and accessories---- Other

8708 80 99

8708 91---- Of closed-die forged steel--- Other--- Anti roll bars; other torsion bars

8708 80 91

8708 80 55--- Other

8708 70 99-- Other--- Wheels of aluminium; parts andaccessories of wheels, of aluminium

8708 70 50-- Other--- Other

Description

8708 21 90

CN 2017

3.0 %

3.5 %

4.5 %

4.5 %

3.5 %

4.5 %

3.5 %

4.5 %

4.5 %

4.5 %

Base rate

B3

B3

B3

B3

B5

B5

B5

B5

B5

B5

Category

Note

1.5 %

1.8 %

2.3 %

2.3 %

2.3 %

3.0 %

2.3 %

3.0 %

3.0 %

3.0 %

1st year

0.8 %

0.9 %

1.1 %

1.1 %

1.8 %

2.3 %

1.8 %

2.3 %

2.3 %

2.3 %

2nd
year

0.0 %

0.0 %

0.0 %

0.0 %

0.6 %

0.8 %

0.6 %

0.8 %

0.8 %

0.8 %

4th year- 445 -

0.0 %

0.0 %

0.0 %

0.0 %

1.2 %

1.5 %

1.2 %

1.5 %

1.5 %

1.5 %

3rd
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

5th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

6th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

7th year 8th year 9th year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

10th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

11th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

12th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

13th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

14th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

As from
15th
year

447

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2020/10/23

19:16:54--- Other-- Safety airbags with inflator system; parts
thereof--- For the industrial assembly of:Pedestrian-controlled tractors of subheading
8701 10;
Vehicles of heading 8703;
Vehicles of heading 8704 with either acompression-ignition internal combustion
piston engine (diesel or semi-diesel) of acylinder capacity not exceeding 2,500 cm3or with a spark-ignition internal combustion
piston engine of a cylinder capacity notexceeding 2,800 cm3;
Vehicles of heading 8705-- Other---- Of closed-die forged steel

Motorcycles (including mopeds) and cycles
fitted with an auxiliary motor, with orwithout side-cars; side-cars- With reciprocating internal combustion
piston engine of a cylinder capacity notexceeding 50 cm3- With reciprocating internal combustion
piston engine of a cylinder capacity
exceeding 50 cm³ but not exceeding 250
cm³-- Scooters

8708 93 108708 93 90

8708 95

8708 95 108708 99

8708 99 93

8711

8711 10 00

8711 208711 20 10

8.0 %
8.0 %

--- Exceeding 50 cm3 but not exceeding
125 cm3--- Exceeding 125 cm3 but not exceeding
250 cm3

8711 20 98

8.0 %

8.0 %

4.5 %

3.0 %

8711 20 92-- Other, of a cylinder capacity

3.0 %--- For the industrial assembly of:Pedestrian-controlled tractors of subheading
8701 10;
Vehicles of heading 8703;
Vehicles of heading 8704 with either acompression-ignition internal combustion
piston engine (diesel or semi-diesel) of acylinder capacity not exceeding 2,500 cm3or with a spark-ignition internal combustion
piston engine of a cylinder capacity notexceeding 2,800 cm3;Vehicles ofheading 8705
4.5 %Base rate

Description

CN 2017

B5

B5

B5

B5

B5

B3

B3

B3

Category

Note

5.3 %

5.3 %

5.3 %

5.3 %

3.0 %

1.5 %

2.3 %

1.5 %

1st year

4.0 %

4.0 %

4.0 %

4.0 %

2.3 %

0.8 %

1.1 %

0.8 %

2nd
year

1.3 %

1.3 %

1.3 %

1.3 %

0.8 %

0.0 %

0.0 %

0.0 %

4th year- 446 -

2.7 %

2.7 %

2.7 %

2.7 %

1.5 %

0.0 %

0.0 %

0.0 %

3rd
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

5th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

6th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

7th year 8th year 9th year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

10th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

11th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

12th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

13th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

14th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

As from
15th
year

448

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19:16:55

3.7 %-- Brakes and parts thereof-- Gear boxes and parts thereof-- Road wheels and parts and accessories
thereof-- Silencers (mufflers) and exhaust pipes;
parts thereof-- Clutches and parts thereof-- Other
3.7 %
B3
1.9 %
0.9 %
0.0 %
0.0 %
0.0 %
0.0 %
0.0 %
0.0 %
0.0 %
0.0 %
0.0 %
0.0 %
0.0 %
0.0 %
0.0 %
SECTION XVIII - OPTICAL, PHOTOGRAPHIC, CINEMATOGRAPHIC, MEASURING, CHECKING, PRECISION, MEDICAL OR SURGICAL INSTRUMENTS AND APPARATUS; CLOCKS AND WATCHES; MUSICALINSTRUMENTS; PARTS AND ACCESSORIES THEREOF
CHAPTER 90 - OPTICAL, PHOTOGRAPHIC, CINEMATOGRAPHIC, MEASURING, CHECKING, PRECISION, MEDICAL OR SURGICAL INSTRUMENTS AND APPARATUS; PARTS AND ACCESSORIES THEREOF

8714 10 108714 10 208714 10 30

8714 10 50

8714 10 90

Compound optical microscopes, including
those for photomicrography,
cinephotomicrography or microprojection- Other microscopes, for photomicrography,
cinephotomicrography or microprojection-- Other

Revolution counters, production counters,
taximeters, milometers, pedometers and thelike; speed indicators and tachometers,other than those of heading 9014 or 9015;
stroboscopes

9011

9011 209011 20 90

9029

90

XVIII

8714 10 40

3.7 %- Of motorcycles (including mopeds)

8714 10

6.7 %

3.7 %

3.7 %

3.7 %

B5

B3

B3

B3

B3

B3

4.5 %

1.9 %

1.9 %

1.9 %

1.9 %

1.9 %

4.0 %

4.0 %

3.4 %

0.9 %

0.9 %

0.9 %

0.9 %

0.9 %

3.0 %

3.0 %

1.1 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

1.0 %

1.0 %

- 447 -

2.2 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

2.0 %

2.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

Parts and accessories of vehicles ofheadings 8711 to 8713

B5

B5

1.0 %

0.0 %

0.0 %

0.0 %

8714

6.0 %

6.0 %

2.0 %

0.0 %

0.0 %

0.0 %

0.0 %

- Other

3.0 %

0.0 %

0.0 %

0.0 %

0.0 %

-- Other

4.0 %

0.0 %

0.0 %

0.0 %

0.0 %

8711 90 00

B5

0.0 %

0.0 %

0.0 %

0.0 %

As from
15thyear

8711 60 90

6.0 %

0.0 %

0.0 %

0.0 %

0.0 %

14th
year

-- Bicycles, tricycles and quadricycles, withpedal assistance, with an auxiliary electricmotor with a continuous rated power notexceeding 250 watts

0.0 %

0.0 %

0.0 %

0.0 %

13th
year

8711 60 10

1.5 %

0.0 %

0.0 %

0.0 %

12th
year

- With electric motor for propulsion

3.0 %

0.0 %

0.0 %

0.0 %

11th
year

8711 60

B3

0.0 %

0.0 %

0.0 %

10th
year

6.0 %

1.5 %

1.0 %

0.0 %

7th year 8th year 9th year

- With reciprocating internal combustion
piston engine of a cylinder capacity
exceeding 800 cm3

3.0 %

2.0 %

0.0 %

6th
year

8711 50 00

B3

3.0 %

1.0 %

5th
year

6.0 %

4.0 %

2.0 %

4th year- With reciprocating internal combustion
piston engine of a cylinder capacity
exceeding
500 cm3 but not exceeding 800 cm3

B5

3.0 %

3rd
year

8711 40 00

6.0 %

4.0 %

2nd
year

-- Of a cylinder capacity exceeding 380 cm
but not exceeding 500 cm3

B5

1st year8711 30 90

3

6.0 %

Note

-- Of a cylinder capacity exceeding 250 cm3
but not exceeding 380 cm3

Category

8711 30 10

Base rate- With reciprocating internal combustion
piston engine of a cylinder capacity
exceeding
250 cm³ but not exceeding 500 cm³

Description

8711 30

CN 2017449

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2020/10/23

19:16:56

Base rate

Category- Parts-- Of base metal, including narrow strips
mounted with chain scoops of base metal

Monopods, bipods, tripods and similar
articles-- Of plastics or of aluminium

9607 209607 20 109620 00

9620 00 91

6.0 %

B5

B5

Slide fasteners and parts thereof

9607

6.7 %

CHAPTER 96 - MISCELLANEOUS MANUFACTURED ARTICLES- Revolution counters, production counters,
taximeters, milometers, pedometers and the
1.9 %
B5
like
SECTION XX - MISCELLANEOUS MANUFACTURED ARTICLESDescription

96

XX9029 10 00

CN 2017

Note

4.0 %

4.5 %

1.3 %

1st year

3.0 %

3.4 %

1.0 %

2nd
year

1.0 %

1.1 %

0.3 %

4th year- 448 -

2.0 %

2.2 %

0.6 %

3rd
year

0.0 %

0.0 %

0.0 %

5th
year

0.0 %

0.0 %

0.0 %

6th
year

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

0.0 %

7th year 8th year 9th year

0.0 %

0.0 %

0.0 %

10th
year

0.0 %

0.0 %

0.0 %

11th
year

0.0 %

0.0 %

0.0 %

12th
year

0.0 %

0.0 %

0.0 %

13th
year

0.0 %

0.0 %

0.0 %

14th
year

0.0 %

0.0 %

0.0 %

As from
15thyearPART 3Tariff elimination and reduction - JapanSECTION A
Notes for the Schedule of Japan1.

For the purposes of Article 2.8, the following categories indicated in Column "Category" in
the Schedule of Japan in Section D apply:(a)in addition to customs duties on originating goods classified under the tariff lines which
are not listed in the Schedule of Japan, customs duties on originating goods classified
under the tariff lines indicated with "A" shall be eliminated entirely, and these goods
shall be duty-free as from the date of entry into force of this Agreement;(b)customs duties on originating goods classified under the tariff lines indicated with "B3"
shall be eliminated as follows:(i)the customs duties shall be reduced by 75 per cent of the base rate on the date ofentry into force of this Agreement; and

(ii)
(c)

these goods shall be duty-free as from 1 April of the second year;

customs duties on originating goods classified under the tariff lines indicated with "B5"
shall be eliminated as follows:(i)the customs duties shall be reduced by 50 per cent of the base rate on the date ofentry into force of this Agreement; and

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(ii)the customs duties shall be eliminated from the level calculated, without rounding,in subparagraph (i) in three equal annual instalments beginning on 1 April of thesecond year, and these goods shall be duty-free as from 1 April of the fourth year;(d)customs duties on originating goods classified under the tariff lines indicated with
"B5*" shall be eliminated as follows:(i)the customs duties shall be reduced by 52 per cent of the base rate on the date ofentry into force of this Agreement; and(ii)

the customs duties shall be eliminated from the level set out in subparagraph (i) in
three equal annual instalments beginning on 1 April of the second year, and thesegoods shall be duty-free as from 1 April of the fourth year;(e)customs duties on originating goods classified under the tariff lines indicated with
"B5**" shall be eliminated as follows:(i)the customs duties shall be reduced by 70 per cent of the base rate on the date ofentry into force of this Agreement; and(ii)

the customs duties shall be eliminated from the level set out in subparagraph (i) in
three equal annual instalments beginning on 1 April of the second year, and thesegoods shall be duty-free as from 1 April of the fourth year;(f)customs duties on originating goods classified under the tariff lines indicated with
"B5***" shall remain at the base rate until 31 March of the third year, and these goods
shall be duty-free as from 1 April of the fourth year;(g)customs duties on originating goods classified under the tariff lines indicated with
"B5****" shall be eliminated as follows:(i)the customs duties shall be reduced to 15 per cent ad valorem and 24 yen per
kilogramme on the date of entry into force of this Agreement; and

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(ii)the customs duties shall be eliminated from the level set out in subparagraph (i) in
three equal annual instalments beginning on 1 April of the second year, and thesegoods shall be duty-free as from 1 April of the fourth year;(h)customs duties on originating goods classified under the tariff lines indicated with
"B5*****" shall be eliminated as follows:(i)the customs duties shall be reduced to 21 per cent ad valorem and 24 yen per
kilogramme on the date of entry into force of this Agreement; and(ii)

the customs duties shall be eliminated from the level set out in subparagraph (i) in
three equal annual instalments beginning on 1 April of the second year, and thesegoods shall be duty-free as from 1 April of the fourth year;(i)customs duties on originating goods classified under the tariff lines indicated with "B7"
shall be eliminated as follows:(i)the customs duties shall be reduced by 37.5 per cent of the base rate on the date ofentry into force of this Agreement; and(ii)

the customs duties shall be eliminated from the level calculated, without
rounding, in subparagraph (i) in five equal annual instalments beginning on 1
April of the second year, and these goods shall be duty-free as from 1 April of thesixth year;(j)customs duties on originating goods classified under the tariff lines indicated with
"B7*" shall be eliminated as follows:(i)the customs duties shall be reduced by 50 per cent of the base rate, and further
reduced by two sevenths of that resulting rate, on the date of entry into force of
this Agreement; and

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(ii)the customs duties shall be eliminated from the level calculated, without rounding,in subparagraph (i) in five equal annual instalments beginning on 1 April of thesecond year, and these goods shall be duty-free as from 1 April of the sixth year;(k)customs duties on originating goods classified under the tariff lines indicated with
"B7**" shall be eliminated as follows:(i)the customs duties shall be reduced by 20 per cent of the base rate on the date ofentry into force of this Agreement; and(ii)

the customs duties shall be eliminated from the level set out in subparagraph (i) in
five equal annual instalments beginning on 1 April of the second year, and thesegoods shall be duty-free as from 1 April of the sixth year;(l)customs duties on originating goods classified under the tariff lines indicated with "B8"shall be eliminated as follows:(i)the customs duties shall be reduced by one third of the base rate on the date ofentry into force of this Agreement; and(ii)

the customs duties shall be eliminated from the level calculated, without rounding,in subparagraph (i) in six equal annual instalments beginning on 1 April of thesecond year, and these goods shall be duty-free as from 1 April of the seventhyear;(m) customs duties on originating goods classified under the tariff lines indicated with
"B9*" shall be eliminated as follows:(i)the customs duties shall be reduced to 1.7 per cent ad valorem on the date of entry
into force of this Agreement; and

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(ii)the customs duties shall be eliminated from the level set out in subparagraph (i) inseven equal annual instalments beginning on 1 April of the second year, and thesegoods shall be duty-free as from 1 April of the eighth year;(n)customs duties on originating goods classified under the tariff lines indicated with
"B10" shall be eliminated as follows:(i)the customs duties shall be reduced by three elevenths of the base rate on the dateof entry into force of this Agreement; and(ii)

the customs duties shall be eliminated from the level calculated, without rounding,in subparagraph (i) in eight equal annual instalments beginning on 1 April of thesecond year, and these goods shall be duty-free as from 1 April of the ninth year;(o)customs duties on originating goods classified under the tariff lines indicated with
"B10*" shall be eliminated as follows:(i)the customs duties shall be reduced by 60 per cent of the base rate on the date ofentry into force of this Agreement; and(ii)

the customs duties shall be eliminated from the level set out in subparagraph (i) ineight equal annual instalments beginning on 1 April of the second year, and thesegoods shall be duty-free as from 1 April of the ninth year;(p)customs duties on originating goods classified under the tariff lines indicated with
"B10**" shall be:(i)from the date of entry into force of this Agreement until 31 March of the eighthyear, the difference between:

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(A) the sum of:(1)

the value per kilogramme obtained by multiplying the value forcustoms duty per kilogramme by a Coefficient which shall be thedifference between 100 per cent plus the rate set out in Column 3 ofthe table below and the value obtained by dividing the value perkilogramme set out in Column 2 of the table below by 897.59 yen per
kilogramme; and

(2)

(B)
(ii)
(q)

the value per kilogramme set out in Column 2 of the table below; and
1

2

3

Year

Value per kilogramme
(yen)

Rate
(%)

1

231.133.2

2

192.75

2.7

3

154.382.2

4

128.651.8

5102.91

1.4

6

77.19

1.1

7

51.46

0.7

8

25.72

0.3

the value for customs duty per kilogramme; andzero, as from 1 April of the ninth year;

customs duties on originating goods classified under the tariff lines indicated with
"B10***" shall be eliminated as follows:(i)the customs duties shall be reduced to:(A) 3.3 per cent ad valorem for the first year;(B)

2.7 per cent ad valorem for the second year; and(C)

2.2 per cent ad valorem for the third year; and

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(ii)the customs duties shall be eliminated from the level in subparagraph (i)(C) in six
equal annual instalments beginning on 1 April of the fourth year, and these goods
shall be duty-free as from 1 April of the ninth year;(r)

customs duties on originating goods classified under the tariff lines indicated with
"B10****" shall be eliminated as follows:(i)the customs duties shall be reduced by 25 per cent of the base rate, and further
reduced by 20 per cent of that resulting rate, on the date of entry into force of thisAgreement; and(ii)

the customs duties shall be eliminated from the level calculated, without rounding,in subparagraph (i) in eight equal annual instalments beginning on 1 April of thesecond year, and these goods shall be duty-free as from 1 April of the ninth year;(s)

customs duties on originating goods classified under the tariff lines indicated with
"B12" shall be eliminated as follows:(i)the customs duties shall be reduced by three thirteenths of the base rate on thedate of entry into force of this Agreement; and(ii)

the customs duties shall be eliminated from the level calculated, without rounding,in subparagraph (i) in 10 equal annual instalments beginning on 1 April of thesecond year, and these goods shall be duty-free as from 1 April of the 11th year;(t)

customs duties on originating goods classified under the tariff lines indicated with
"B12*" shall be eliminated as follows:(i)the customs duties shall be reduced by seven twelfths of the base rate on the dateof entry into force of this Agreement; and

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(ii)the customs duties shall be eliminated from the level calculated, without rounding,in subparagraph (i) in 10 equal annual instalments beginning on 1 April of thesecond year, and these goods shall be duty-free as from 1 April of the 11th year;(u)customs duties on originating goods classified under the tariff lines indicated with
"B12**" shall be eliminated as follows:(i)the customs duties shall be reduced by 20 per cent of the base rate on the date ofentry into force of this Agreement;(ii)

the customs duties shall remain at the level set out in subparagraph (i) until
31 March of the fourth year; and(iii) the customs duties shall be eliminated from the level set out in subparagraph (ii)in seven equal annual instalments beginning on 1 April of the fifth year, and thesegoods shall be duty-free as from 1 April of the 11th year;(v)

customs duties on originating goods classified under the tariff lines indicated with
"B12***" shall be eliminated as follows:(i)the customs duties shall be reduced by 50 per cent of the base rate on the date ofentry into force of this Agreement;(ii)

the customs duties shall remain at the level set out in subparagraph (i) until 31
March of the fourth year;(iii) the customs duties shall be reduced by 25 per cent of the base rate from the levelset out in subparagraph (ii) on 1 April of the fifth year;(iv) the customs duties shall remain at the level set out in subparagraph (iii) until 31
March of the 10th year; and

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(v)the customs duties shall be eliminated, and these goods shall be duty-free as from
1 April of the 11th year;(w) customs duties on originating goods classified under the tariff lines indicated with
"B13" shall be eliminated as follows:(i)the customs duties shall be reduced by three fourteenths of the base rate on thedate of entry into force of this Agreement; and(ii)

the customs duties shall be eliminated from the level set out in subparagraph (i) in
11 equal annual instalments beginning on 1 April of the second year, and thesegoods shall be duty-free as from 1 April of the 12th year;(x)customs duties on originating goods classified under the tariff lines indicated with
"B15" shall be eliminated as follows:(i)the customs duties shall be reduced by three sixteenths of the base rate on the dateof entry into force of this Agreement; and(ii)

the customs duties shall be eliminated from the level calculated, without rounding,in subparagraph (i) in 13 equal annual instalments beginning on 1 April of thesecond year, and these goods shall be duty-free as from 1 April of the 14th year;(y)customs duties on originating goods classified under the tariff lines indicated with
"B15*" shall be:(i)from the date of entry into force of this Agreement until 31 March of the 13th
year, the lesser of:(A) the difference between the value for customs duty per each and the value pereach obtained by multiplying 20,400.55 yen per each by 100 per cent plus
the rate set out in Column 3 of the table below; and(B)

the value per each set out in Column 2 of the table below; and
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(ii)
(z)

1

2

3

Year

Value per each
(yen)

Rate
(%)

1

15,850.25

6.9

2

14,631.00

6.3

3

13,411.75

5.8

4

12,192.50

5.3

510,973.25

4.7

69,754.00

4.2

78,534.75

3.7

87,315.50

3.1

96,096.25

2.6

10

4,877.00

2.1

11

3,657.75

1.5

122,438.50

1.0

13

1,219.25

0.5

zero, as from 1 April of the 14th year;

customs duties on originating goods classified under the tariff lines indicated with
"B20*" shall be eliminated as follows:(i)the customs duties shall be reduced by twelve fifty-fifths of the base rate on thedate of entry into force of this Agreement;(ii)

the customs duties shall be reduced to 20 per cent of the base rate from the levelcalculated, without rounding, in subparagraph (i) in eight equal annual instalments
beginning on 1 April of the second year; and(iii) the customs duties shall be eliminated from the level set out in subparagraph (ii)in 10 equal annual instalments beginning on 1 April of the 10th year, and thesegoods shall be duty-free as from 1 April of the 19th year;

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(aa) customs duties on originating goods classified under the tariff lines indicated with "R1"shall be reduced as follows:
(i)

(ii)

the customs duties shall be reduced to:(A)

25.8 per cent ad valorem for the first year;(B)

25.0 per cent ad valorem for the second year;(C)

24.2 per cent ad valorem for the third year;(D)

23.3 per cent ad valorem for the fourth year;(E)

22.5 per cent ad valorem for the fifth year;(F)

21.7 per cent ad valorem for the sixth year;(G)

20.8 per cent ad valorem for the seventh year; and(H)

20.0 per cent ad valorem for the eighth year;

the customs duties shall be reduced to 9 per cent ad valorem from the level set out
in subparagraph (i)(H) in six equal annual instalments beginning on 1 April of theninth year; and(iii) the customs duties shall remain at 9 per cent ad valorem from the 14th year;(bb) customs duties on originating goods classified under the tariff lines indicated with "R2"
shall be the lesser of:(i)the difference between the value for customs duty per kilogramme and the value
per kilogramme obtained by multiplying 393 yen per kilogramme by 100 per centplus the rate set out in Column 3 of the table below; and

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(ii)the value per kilogramme set out in Column 2 of the table below:
1

2

3

Year

Value per kilogramme
(yen)

Rate
(%)

1

93.75

1.7

2

93.75

1.4

3

52.50

1.2

4

49.50

0.9

5

46.50

0.7

6

43.50

0.4

7

40.50

0.2

8 and
thereafter

37.50

0

(cc) customs duties on originating goods classified under the tariff lines indicated with "R3"
shall be the lesser of:(i)the difference between the value for customs duty per kilogramme and the value
per kilogramme obtained by multiplying 524 yen per kilogramme by 100 per centplus the rate set out in Column 3 of the table below; and(ii)

the value per kilogramme set out in Column 2 of the table below:
1

2

3

Year

Value per kilogramme
(yen)

Rate
(%)

1

125

1.7

2

125

1.4

3

70

1.2

4

66

0.9

5

62

0.7

6

58

0.4

7

54

0.2

8 and
thereafter

50

0

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(dd) customs duties on originating goods classified under the tariff lines indicated with "R4"
shall be reduced as follows:
(i)

(ii)

the customs duties shall be reduced to:(A)

34.8 per cent ad valorem for the first year;(B)

32.7 per cent ad valorem for the second year;(C)

30.6 per cent ad valorem for the third year;(D)

28.4 per cent ad valorem for the fourth year;(E)

26.3 per cent ad valorem for the fifth year;(F)

24.2 per cent ad valorem for the sixth year;(G)

22.1 per cent ad valorem for the seventh year; and(H)

20.0 per cent ad valorem for the eighth year;

the customs duties shall be reduced to 9 per cent ad valorem from the level set out
in subparagraph (i)(H) in six equal annual instalments beginning on 1 April of theninth year; and(iii) the customs duties shall remain at 9 per cent ad valorem from the 14th year;(ee) customs duties on originating goods classified under the tariff lines indicated with "R5"shall be reduced as follows:(i)the customs duties shall be reduced by three twenty-seconds of the base rate on
the date of entry into force of this Agreement;

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(ii)the customs duties shall be reduced to 50 per cent of the base rate from the levelcalculated, without rounding, in subparagraph (i) in eight equal annual instalments
beginning on 1 April of the second year; and(iii) the customs duties shall remain at the level set out in subparagraph (ii) from theninth year;(ff)

customs duties on originating goods classified under the tariff lines indicated with "R6"
shall be reduced as follows:(i)the customs duties shall be reduced by 25 per cent of the base rate on the date ofentry into force of this Agreement;(ii)

the customs duties shall be reduced to 50 per cent of the base rate from the levelcalculated, without rounding, in subparagraph (i) in three equal annual instalments
beginning on 1 April of the second year; and(iii) the customs duties shall remain at the level set out in subparagraph (ii) from thefourth year;(gg) customs duties on originating goods classified under the tariff lines indicated with "R7"shall be reduced by 5 per cent of the base rate on the date of entry into force of thisAgreement and shall remain at that level thereafter;(hh) customs duties on originating goods classified under the tariff lines indicated with "R8"shall be reduced as follows:(i)the customs duties shall be reduced by 12.5 per cent of the base rate on the date ofentry into force of this Agreement;(ii)

the customs duties shall be reduced to 75 per cent of the base rate from the levelcalculated, without rounding, in subparagraph (i) in three equal annual instalments
beginning on 1 April of the second year; and

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(iii) the customs duties shall remain at the level set out in subparagraph (ii) from thefourth year;(ii)

customs duties on originating goods classified under the tariff lines indicated with "R9"shall be reduced as follows:(i)the customs duties shall be reduced to 5 per cent of the base rate as set out in thetable below; and
Year

(ii)

Customs duties other than thelevy(yen/kg)

Levy(yen/kg)

1

48.30

159.602

33.73

111.47

3

19.17

63.33

4

4.60

15.20

the customs duties shall remain at the level set out in subparagraph (i) from thefourth year;(jj)

customs duties on originating goods classified under the tariff lines indicated with
"R10" shall be reduced as follows:(i)the customs duties shall be reduced to 5 per cent of the base rate as set out in thetable below; and
Year

(ii)

Customs duties other than thelevy(yen/kg)

Levy(yen/kg)1

51.98

171.152

36.30

119.53

3

20.62

67.92

4

4.95

16.30

the customs duties shall remain at the level set out in subparagraph (i) from thefourth year;

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(kk) customs duties on originating goods classified under the tariff lines indicated with
"R11" shall be reduced as follows:(i)the customs duties shall be reduced to 30.1 per cent ad valorem and 34.40 yen per
kilogramme on the date of entry into force of this Agreement;(ii)

the customs duties shall be reduced to 10.5 per cent ad valorem and 12 yen per
kilogramme from the level set out in subparagraph (i) in eight equal annual
instalments beginning on 1 April of the second year; and(iii) the customs duties shall remain at the level set out in subparagraph (ii) from theninth year;(ll)customs duties on originating goods classified under the tariff lines indicated with
"R12" shall be reduced as follows:(i)the customs duties shall be reduced to 21.5 per cent ad valorem and 34.40 yen per
kilogramme on the date of entry into force of this Agreement;(ii)

the customs duties shall be reduced to 7.5 per cent ad valorem and 12 yen per
kilogramme from the level set out in subparagraph (i) in eight equal annual
instalments beginning on 1 April of the second year; and(iii) the customs duties shall remain at the level set out in subparagraph (ii) from theninth year;(mm) customs duties on originating goods classified under the tariff lines indicated with
"R13" shall be reduced by 15 per cent of the base rate on the date of entry into force of
this Agreement and shall remain at that level thereafter;(nn) customs duties on originating goods classified under the tariff lines indicated with
"R14" shall be reduced by 25 per cent of the base rate on the date of entry into force of
this Agreement and shall remain at that level thereafter;

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(oo) customs duties on originating goods classified under the tariff lines indicated with
"R15" shall be reduced as follows:(i)the customs duties shall be reduced by 7.5 per cent of the base rate on the date ofentry into force of this Agreement;(ii) the customs duties shall be reduced to 85 per cent of the base rate from the levelset out in subparagraph (i) in three equal annual instalments beginning on 1 Aprilof the second year; and(iii) the customs duties shall remain at the level set out in subparagraph (ii) from thefourth year;(pp) customs duties on originating goods classified under the tariff lines indicated with
"R16" shall be reduced as follows:(i)the customs duties shall be reduced by 37.5 per cent of the base rate on the date ofentry into force of this Agreement; and(ii)

the customs duties shall be reduced to 50 per cent of the base rate on 1 April ofthe second year and shall remain at that level thereafter;(qq) customs duties on originating goods classified under the tariff lines indicated with
"R17" shall be reduced as follows:(i)the customs duties shall be reduced by nine forty-fourths of the base rate on thedate of entry into force of this Agreement;(ii)

the customs duties shall be reduced to 25 per cent of the base rate from the levelcalculated, without rounding, in subparagraph (i) in eight equal annual instalments
beginning on 1 April of the second year; and

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(iii) the customs duties shall remain at the level set out in subparagraph (ii) from theninth year;(rr)customs duties on originating goods classified under the tariff lines indicated with
"R18" shall be reduced as follows:(i)the customs duties shall be reduced by 5 per cent of the base rate on the date ofentry into force of this Agreement;(ii)

the customs duties shall be reduced to 90 per cent of the base rate from the levelcalculated, without rounding, in subparagraph (i) in three equal annual instalments
beginning on 1 April of the second year; and(iii) the customs duties shall remain at the level set out in subparagraph (ii) from thefourth year;(ss) customs duties on originating goods classified under the tariff lines indicated with
"R19" shall be reduced as follows:(i)the customs duties shall be reduced by 37.5 per cent of the base rate on the date ofentry into force of this Agreement;(ii)

the customs duties shall be reduced to 25 per cent of the base rate from the levelcalculated, without rounding, in subparagraph (i) in three equal annual instalments
beginning on 1 April of the second year; and(iii) the customs duties shall remain at the level set out in subparagraph (ii) from thefourth year;(tt)

customs duties on originating goods classified under the tariff lines indicated with
"R20" shall be reduced as follows:

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(i)the customs duties shall be reduced by 30 per cent of the base rate on the date ofentry into force of this Agreement;(ii)

the customs duties shall be reduced to 40 per cent of the base rate from the levelset out in subparagraph (i) in three equal annual instalments beginning on 1 Aprilof the second year; and(iii) the customs duties shall remain at the level set out in subparagraph (ii) from thefourth year;(uu) customs duties on originating goods classified under the tariff lines indicated with
"R21" shall be reduced as follows:(i)the customs duties shall be reduced by 31.5 per cent of the base rate on the date ofentry into force of this Agreement;(ii)

the customs duties shall be reduced to 37 per cent of the base rate from the levelset out in subparagraph (i) in three equal annual instalments beginning on 1 Aprilof the second year; and(iii) the customs duties shall remain at the level set out in subparagraph (ii) from thefourth year;(vv) customs duties on originating goods classified under the tariff lines indicated with
"R22" shall be reduced as follows:(i)the customs duties shall be reduced by 33.3 per cent of the base rate on the date ofentry into force of this Agreement;(ii)

the customs duties shall be reduced to 33.4 per cent of the base rate from the levelset out in subparagraph (i) in three equal annual instalments beginning on 1 Aprilof the second year; and

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(iii) the customs duties shall remain at the level set out in subparagraph (ii) from thefourth year;(ww) customs duties on originating goods classified under the tariff lines indicated with
"R23" shall be reduced as follows:(i)the customs duties shall be reduced by 33.5 per cent of the base rate on the date ofentry into force of this Agreement;(ii)

the customs duties shall be reduced to 33 per cent of the base rate from the levelset out in subparagraph (i) in three equal annual instalments beginning on 1 Aprilof the second year; and(iii) the customs duties shall remain at the level set out in subparagraph (ii) from thefourth year;(xx) customs duties on originating goods classified under the tariff lines indicated with "PIC"
shall be governed by the terms set out in Section B;(yy) customs duties on originating goods classified under the tariff lines indicated with "Xb"shall be excluded from any commitment of tariff elimination or reduction, and remain at
the base rate;(zz) originating goods classified under the tariff lines indicated with "Xq1", for which tariff
rate quotas are set out in Japan's Schedule to the WTO Agreement, shall be excluded
from any tariff commitment under this Agreement;(aaa) originating goods classified under the tariff lines indicated with "Xq2", for which tariff
rate quotas are set out by relevant cabinet orders of Japan, shall be excluded from any
tariff commitment under this Agreement; and(bbb) originating goods classified under the tariff lines indicated with "X" shall be excluded
from any tariff commitment referred to in paragraph 1 of Part 1 and subparagraphs (a)to (yy).

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2.

Originating goods classified under the tariff lines indicated with "SG-n" in Column "Note" in
the Schedule of Japan shall be subject to the provisions of Section C.

3.

The treatment of originating goods classified under the tariff lines indicated with "S" inColumn "Note" in the Schedule of Japan shall be subject to review pursuant to subparagraph3(a) and paragraph 4 of Article 2.8.

4.

Paragraph 6 of Part 1 shall not be applied to the case of customs duties on originating goods
classified under the tariff lines 210610.219 and 210690.283.

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SECTION B
Scheme for the application of preferential tariff treatment for certain originating goods

SUB-SECTION 1
Notes for Section B
1.

For the purposes of subparagraph 1(xx) of Section A, customs duties on originating goods
classified under the tariff lines indicated with "PIC-n" in Column "Note" in the Schedule ofJapan shall be governed by the terms applicable to those originating goods, as set out in thisSection, beginning on the date of entry into force of this Agreement.

2.

No later than a month after the end of each particular year, the Ministry of Agriculture,
Forestry and Fisheries of Japan (hereinafter referred to in this Section as "MAFF"), or its
successor, shall issue a certificate for the originating goods referred to in each of paragraphs 1
to 10 of Sub-Section 2 which were released in that particular year prior to import permissionin accordance with the laws and regulations of Japan (hereinafter referred to in this Section as"UK-Japan Preferential Import Certificate"), following an application by an importer for a
UK-Japan Preferential Import Certificate.

3.

Where the importer makes a claim for preferential tariff treatment as defined in Article 3.1 forthe originating goods referred to in each of paragraphs 1 to 10 of Sub-Section 2, that importeris required to submit the UK-Japan Preferential Import Certificate to the customs authority ofJapan prior to import permission. The procedure for submission of UK-Japan Preferential
Import Certificates to the customs authority of Japan shall be promptly made publicly
available.

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4.

UK-Japan Preferential Import Certificates shall be submitted by the importer to the customs
authority of Japan on or before the following 30 June after the end of each particular year andshall be deemed to have been submitted at the time of import declaration.

5.

With regard to the originating goods referred to in each of paragraphs 1 to 10 of Sub-Section
2, the aggregate quantity of such originating goods for which UK-Japan Preferential ImportCertificates shall be made available to the importers by MAFF, or its successor, for eachparticular year shall be the difference between the aggregate quota quantity of thecorresponding goods set out in Section B of Part 3 of Annex 2-A to the EU-Japan EPA andthe quota quantity confirmed by MAFF, or its successor, to have been utilised by the importerfor such corresponding goods under the EU-Japan EPA, in that particular year.1

6.

Where the total quantity requested in applications for UK-Japan Preferential ImportCertificates for the originating goods referred to in each of paragraphs 1 to 10 of Sub-Section
2 exceeds the aggregate quantity referred to in paragraph 5, MAFF, or its successor, shallprioritise those applications submitted on the basis of the order of the dates of approval of
release of such originating goods and shall issue UK-Japan Preferential Import Certificates tothe extent that the quantity of such originating goods for which UK-Japan Preferential ImportCertificates are issued reaches the aggregate quantity referred to in paragraph 5. MAFF, or its
successor, shall make publicly available the latest date of the approval of release of suchoriginating goods for which the UK-Japan Preferential Import Certificate was issued to an
importer. MAFF, or its successor, shall also make publicly available the aggregate quantity
referred to in paragraph 5, the total quantity requested in applications for UK-Japan
Preferential Import Certificates and the quantity of such originating goods for which UKJapan Preferential Import Certificates are issued.

7.

With regard to UK-Japan Preferential Import Certificates, MAFF, or its successor, shallpromptly make publicly available, through its ministerial ordinances and notifications, thefollowing:

1

For greater certainty, the aggregate quantity referred to in this paragraph for a particular year
shall be calculated for each of paragraphs 1 to 10 of Sub-Section 2.

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8.

(a)the template and the form of application; and(b)the procedure for application and issuance.

The descriptions of product or products set out in each of paragraphs 1 to 10 of Sub-Section 2
are not necessarily exhaustive. These descriptions are inserted for convenience of reference toassist users in understanding this Section and shall not alter or supersede the coverage for the
relevant tariff lines covered by each of those paragraphs.

SUB-SECTION 2
Preferential tariff treatment for certain originating goods
1.

Wheat products(a)With respect to originating goods classified under the tariff lines 190410.221,
190420.221, 190430.010, 190490.210 and 210690.214 indicated with "PIC-1" inColumn "Note" in the Schedule of Japan, released in a particular year prior to importpermission, for which the UK-Japan Preferential Import Certificate is submitted
pursuant to Sub-Section 1, those originating goods shall be duty-free, subject to an
import mark-up applied by Japan as provided for in subparagraph (c).

(b)

The originating goods referred to in subparagraph (a), released in a particular year prior
to import permission, for which the UK-Japan Preferential Import Certificate is not
submitted pursuant to Sub-Section 1, shall be excluded from any tariff commitment
under this Agreement.

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19:17:12(c)With regard to the importation under subparagraph (a), a simultaneous buy-sell(hereinafter referred to in this Section as "SBS") mechanism shall be used by MAFF, or
its successor, as a State Trading Enterprise. Japan may collect the import mark-up forgoods imported under subparagraph (a). The amount of the import mark-up shall not
exceed the amount permitted for the goods under Japan's Schedule to the WTO
Agreement.

2.

Mixes and doughs and cake mixes(a)With respect to originating goods classified under the tariff lines 190120.222,
190120.232, 190120.235 and 190120.243 indicated with "PIC-2" in Column "Note" in
the Schedule of Japan, released in a particular year prior to import permission, for which
the UK-Japan Preferential Import Certificate is submitted pursuant to Sub-Section 1,
those originating goods shall be duty-free.

(b)

The originating goods referred to in subparagraph (a), released in a particular year prior
to import permission, for which the UK-Japan Preferential Import Certificate is not
submitted pursuant to Sub-Section 1, shall be excluded from any tariff commitment
under this Agreement.

3.

Food preparations made primarily of wheat(a)With respect to originating goods classified under the tariff lines 190190.242,
190190.247, 190190.252 and 190190.267 indicated with "PIC-3" in Column "Note" in
the Schedule of Japan, released in a particular year prior to import permission, for which
the UK-Japan Preferential Import Certificate is submitted pursuant to Sub-Section 1,
those originating goods shall be duty-free.

(b)

The originating goods referred to in subparagraph (a), released in a particular year prior
to import permission, for which the UK-Japan Preferential Import Certificate is not
submitted pursuant to Sub-Section 1, shall be excluded from any tariff commitment
under this Agreement.

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4.

Food preparations of barley(a)With respect to originating goods classified under the tariff lines 190120.141,
190190.161, 190420.231, 190490.310 and 210690.216 indicated with "PIC-4" inColumn "Note" in the Schedule of Japan, released in a particular year prior to importpermission, for which the UK-Japan Preferential Import Certificate is submitted
pursuant to Sub-Section 1, those originating goods shall be duty-free, subject to an
import mark-up applied by Japan as provided for in subparagraph (c).

(b)

The originating goods referred to in subparagraph (a), released in a particular year prior
to import permission, for which the UK-Japan Preferential Import Certificate is not
submitted pursuant to Sub-Section 1, shall be excluded from any tariff commitment
under this Agreement.

(c)With regard to the importation under subparagraph (a), an SBS mechanism shall be usedby MAFF, or its successor, as a State Trading Enterprise. Japan may collect the importmark-up for goods imported under subparagraph (a). The amount of the import mark-up
shall not exceed the amount permitted for the goods under Japan's Schedule to the WTO
Agreement.

5.

Coffee, tea mixes, food preparations and doughs(a)With respect to originating goods classified under the tariff lines 170290.219,
190120.239, 190190.217, 190190.248, 190190.253, 210112.110, 210112.246,
210120.246, 210690.251, 210690.271, 210690.272 and 210690.281 indicated with
"PIC-5" in Column "Note" in the Schedule of Japan, released in a particular year prior
to import permission, for which the UK-Japan Preferential Import Certificate is
submitted pursuant to Sub-Section 1, those originating goods shall be duty-free.

(b)

The originating goods referred to in subparagraph (a), released in a particular year prior
to import permission, for which the UK-Japan Preferential Import Certificate is not
submitted pursuant to Sub-Section 1, shall be excluded from any tariff commitment
under this Agreement.

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6.

Food preparations(a)With respect to originating goods classified under the tariff line 210690.590 indicatedwith "PIC-6" in Column "Note" in the Schedule of Japan, released in a particular year
prior to import permission, for which the UK-Japan Preferential Import Certificate is
submitted pursuant to Sub-Section 1, those originating goods shall be duty-free.

(b)

The originating goods referred to in subparagraph (a), released in a particular year prior
to import permission, for which the UK-Japan Preferential Import Certificate is not
submitted pursuant to Sub-Section 1, shall be excluded from any tariff commitment
under this Agreement.

7.

Food preparations containing more than 50 per cent of sucrose, and cocoa powder(a)With respect to originating goods classified under the tariff lines 170113.000,
170114.190, 200540.190, 200551.190, 200599.119, 210690.282 and 210690.510
indicated with "PIC-7" in Column "Note" in the Schedule of Japan, released in aparticular year prior to import permission, for which the UK-Japan Preferential ImportCertificate is submitted pursuant to Sub-Section 1, those originating goods shall be
duty-free.

(b)With respect to originating goods classified under the tariff lines 190190.219 and
210690.284 indicated with "PIC-7" in Column "Note" in the Schedule of Japan,
released in a particular year prior to import permission, for which the UK-Japan
Preferential Import Certificate is submitted pursuant to Sub-Section 1, the customs
duties shall be reduced as follows:

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Rate of customs duties

Year

(%)

1

26.5

2

25.4

3

24.3

4

23.3

5

22.2

6

21.1

7

20.0

8

18.9

9

17.9

For the 10th year and for each subsequent year, the customs duties shallremain at 17.9%.

(c)With respect to originating goods classified under the tariff line 180610.100 indicatedwith "PIC-7" in Column "Note" in the Schedule of Japan, released in a particular year
prior to import permission, for which the UK-Japan Preferential Import Certificate is
submitted pursuant to Sub-Section 1, the customs duties shall be reduced as follows:
Rate of customs duties

Year

(%)

1

25.7

2

24.3

3

23.0

4

21.6

5

20.3

6

18.9

7

17.6

8

16.2

9

14.9

For the 10th year and for each subsequent year, the customs duties shallremain at 14.9%.

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(d)The originating goods referred to in subparagraphs (a) to (c), released in a particular
year prior to import permission, for which the UK-Japan Preferential Import Certificate
is not submitted pursuant to Sub-Section 1, shall be excluded from any tariffcommitment under this Agreement.

8.

Food preparations containing cocoa(a)With respect to originating goods classified under the tariff line 180620.290 indicatedwith "PIC-8" in Column "Note" in the Schedule of Japan, released in a particular year
prior to import permission, for which the UK-Japan Preferential Import Certificate is
submitted pursuant to Sub-Section 1, the customs duties shall be reduced as follows:
Rate of customs duties

Year

(%)

1

18.4

2

17.4

3

16.5

4

15.5

5

14.5

6

13.6

7

12.6

8

11.6

9

10.7

For the 10th year and for each subsequent year, the customs duties shallremain at 10.7%.

(b)

The originating goods referred to in subparagraph (a), released in a particular year prior
to import permission, for which the UK-Japan Preferential Import Certificate is not
submitted pursuant to Sub-Section 1, shall be excluded from any tariff commitment
under this Agreement.

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9.

Food preparations containing cocoa (for the preparation of chocolate)(a)With respect to originating goods classified under the tariff line 180620.290 indicatedwith "PIC-9" in Column "Note" in the Schedule of Japan, released in a particular year
prior to import permission, for which the UK-Japan Preferential Import Certificate is
submitted pursuant to Sub-Section 1, those originating goods shall be duty-free,provided that the quantity of such originating goods for which the UK-Japan
Preferential Import Certificate is issued for each application made by the importer shallnot exceed the limit of three multiplied by the quantity of the milk powder, specified in
the application, produced from domestic milk and used by that importer for the
production of chocolate in Japan.

(b)

The originating goods referred to in subparagraph (a), released in a particular year prior
to import permission, for which the UK-Japan Preferential Import Certificate is not
submitted pursuant to Sub-Section 1, shall be excluded from any tariff commitment
under this Agreement.

10.

Cheeses(a)With respect to originating goods classified under the tariff line 040610.020 indicatedwith "PIC-10" in Column "Note" in the Schedule of Japan, released in a particular year
prior to import permission, for which the UK-Japan Preferential Import Certificate is
submitted pursuant to Sub-Section 1, the customs duties shall be eliminated as follows:

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Rate of customs duties

Year

(%)

1

18.2

2

16.8

3

15.4

4

14.0

5

12.6

6

11.2

7

9.8

8

8.4

9

7.0

10

5.6

11

4.2

12

2.8

13

1.4

14

0.0

For the 15th year and for each subsequent year, the customs duties shallremain at zero.

(b)With respect to originating goods classified under the tariff lines 040610.090, 040640.090 and
040690.090 indicated with "PIC-10" in Column "Note" in the Schedule of Japan, released in aparticular year prior to import permission, for which the UK-Japan Preferential ImportCertificate is submitted pursuant to Sub-Section 1, the customs duties shall be eliminated asfollows:

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Rate of customs duties

Year

(%)

1

24.2

2

22.4

3

20.5

4

18.6

5

16.8

6

14.9

7

13.0

8

11.2

9

9.3

10

7.5

11

5.6

12

3.7

13

1.9

14

0.0

For the 15th year and for each subsequent year, the customs duties shallremain at zero.

(c)With respect to originating goods classified under the tariff lines 040620.100 and
040630.000 indicated with "PIC-10" in Column "Note" in the Schedule of Japan,
released in a particular year prior to import permission, for which the UK-Japan
Preferential Import Certificate is submitted pursuant to Sub-Section 1, the customs
duties shall be eliminated as follows:

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Rate of customs duties

Year

(%)

1

32.5

2

30.0

3

27.5

4

25.0

5

22.5

6

20.0

7

17.5

8

15.0

9

12.5

10

10.0

11

7.5

12

5.0

13

2.5

14

0.0

For the 15th year and for each subsequent year, the customs duties shallremain at zero.

(d)

The originating goods referred to in subparagraphs (a) to (c), released in the particular
year prior to import permission, for which the UK-Japan Preferential Import Certificate
is not submitted pursuant to Sub-Section 1, shall be excluded from any tariffcommitment under this Agreement.

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SECTION C
Agricultural safeguard measures

SUB-SECTION 1
Notes for Section C
1.

This Section sets out:(a)the originating agricultural goods that may be subject to agricultural safeguard measures
pursuant to paragraph 2 of Section A;

2.

(b)

the trigger levels for applying such measures; and(c)the maximum rate of customs duty that may be applied in each year for each such good.

Notwithstanding Article 2.8, Japan may apply an agricultural safeguard measure to theoriginating agricultural goods classified under the tariff lines indicated with "SG1*","SG1**", "SG2", "SG3", "SG4*", "SG4**", "SG5" or "SG6" in Column "Note" in the
Schedule of Japan. Japan may apply such measure only under the conditions set out in thisSection and only in accordance with the terms set out in this Section.

3.

If the conditions set out in this Section are satisfied, Japan may, as an agricultural safeguard
measure, increase the rate of customs duty on such an originating agricultural good to a level
not exceeding the lesser of:(a)the most-favoured-nation applied rate of customs duty in effect at the time of theapplication of the agricultural safeguard measure;(b)

the most-favoured-nation applied rate of customs duty in effect on the day immediately
preceding the date of entry into force of this Agreement; and

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(c)4.

the rate of customs duty set out in this Section.

Japan shall implement any agricultural safeguard measure in a transparent manner. Japan
shall, within 60 days of the date of imposing the agricultural safeguard measure, notify theUnited Kingdom thereof in writing and provide the United Kingdom with relevant data
concerning the measure. Japan shall, on written request of the United Kingdom, respond to
specific questions from, and provide information to, the United Kingdom, including by email, teleconference, video-conference and in person, regarding the application of themeasure.

5.

For greater certainty, no agricultural safeguard measure may be applied or maintained on orafter the date on which the rate of customs duty referred to in subparagraph 3(c) is zero.

6.

For the purposes of this Section:(a)"fiscal year" means a Japanese fiscal year beginning on 1 April and ending on thefollowing 31 March; and(b)"quarter" means a period:(i)from 1 April until 30 June;(ii)

from 1 July until 30 September;(iii) from 1 October until 31 December; or(iv) from 1 January until 31 March.

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SUB-SECTION 2
Agricultural safeguard measure for beef
1.

In accordance with paragraph 2 of Sub-Section 1, with respect to the originating agricultural
goods classified under the tariff lines indicated with "SG1*" in Column "Note" in the
Schedule of Japan (hereinafter referred to in this Sub-Section as "SG1* goods") and theoriginating agricultural goods classified under the tariff lines indicated with "SG1**" inColumn "Note" in the Schedule of Japan (hereinafter referred to in this Sub-Section as"SG1** goods"), Japan may apply an agricultural safeguard measure only if the aggregate
volume of imports of those originating agricultural goods from the United Kingdom, and of
the "originating agricultural goods" as defined in paragraph 1 of Article 2.5 of the EU-Japan
EPA and classified under the tariff lines indicated with "SG1*" and "SG1**" in Column"Note" in the Schedule of Japan referred to in paragraph 1 of Sub-Section 2 of Section C ofPart 3 of Annex 2-A to the EU-Japan EPA, for a particular year exceeds the trigger level set
out as follows:(a)45,056 metric tonnes for the first year;(b)

45,833 metric tonnes for the second year;(c)

46,611 metric tonnes for the third year;(d)

47,389 metric tonnes for the fourth year;(e)

48,167 metric tonnes for the fifth year;(f)

48,944 metric tonnes for the sixth year;(g)

49,722 metric tonnes for the seventh year;(h)50,500 metric tonnes for the eighth year;

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(i)from the ninth year until the 13th year, for each year, the trigger level of the previous
year plus 385 metric tonnes; and(j)from the 14th year, for each year, the trigger level of the previous year plus 770 metrictonnes.

2.

(a)

For SG1* goods, the rate of customs duty referred to in subparagraph 3(c) of SubSection 1 shall be:(i)38.5 per cent for the first year;(ii)

30.0 per cent from the second year until the eighth year;(iii) 20.0 per cent from the ninth year until the 12th year;(iv) 18.0 per cent for the 13th year; and(v)

from the 14th year:(A) one percentage point less than the rate of customs duty of the previous year,
if Japan did not apply an agricultural safeguard measure under this SubSection in the previous year; or(B)

the same as the rate of customs duty of the previous year, if Japan applied anagricultural safeguard measure under this Sub-Section in the previous year.

(b)

For SG1** goods, the rate of customs duty referred to in subparagraph 3(c) of SubSection 1 shall be:(i)38.5 per cent for the first year;(ii)

32.7 per cent for the second year;(iii) 30.6 per cent for the third year;

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(iv) 30.0 per cent from the fourth year until the eighth year;(v)

20.0 per cent from the ninth year until the 12th year;(vi) 18.0 per cent for the 13th year; and(vii) from the 14th year:(A) one percentage point less than the rate of customs duty of the previous year,
if Japan did not apply an agricultural safeguard measure under this SubSection in the previous year; or(B)

the same as the rate of customs duty of the previous year, if Japan applied anagricultural safeguard measure under this Sub-Section in the previous year.

(c)

If the condition set out in paragraph 1 is satisfied in one year and, as a result thereof, anagricultural safeguard measure is in effect during the following year pursuant to
subparagraph 3(b) or (c), the rate of customs duty referred to in subparagraph 3(c) of
Sub-Section 1 for the purpose of that agricultural safeguard measure shall, for theduration of that measure, be set at the level applicable for the year in which thecondition set out in paragraph 1 was satisfied.

3.

An agricultural safeguard measure referred to in paragraph 1 may be maintained:(a)if the aggregate volume of imports referred to in paragraph 1 in any fiscal year exceeds
the trigger level set out in paragraph 1 on or before 31 January, until the end of that
fiscal year;(b)

if the aggregate volume of imports referred to in paragraph 1 in any fiscal year exceeds
the trigger level set out in paragraph 1 during the month of February, for a period of 45days beginning on the date of the application of the agricultural safeguard measure; and

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(c)if the aggregate volume of imports referred to in paragraph 1 in any fiscal year exceeds
the trigger level set out in paragraph 1 during the month of March, for a period of 30days beginning on the date of the application of the agricultural safeguard measure.

4.

(a)

For the purposes of this Sub-Section, the period during which an agricultural safeguard
measure may be maintained shall commence no later than the day following the fifthbusiness day after the end of the publication period referred to in subparagraph (c) inwhich the condition set out in paragraph 1 is satisfied.

(b)

For the purposes of this Sub-Section, as an exceptional measure taken for the
implementation of this Sub-Section, the customs authority of Japan shall, no later than
five business days after the end of each publication period, publish the aggregate
volume of imports referred to in paragraph 1 between:(i)the beginning of the fiscal year and the end of the publication period; and(ii)

from the ninth year until the 13th year, the beginning of the quarter and the end of
the publication period.

(c)

For the purposes of this Sub-Section, "publication period" means:(i)the period from the first day of each month until the 10th day of that month;(ii)

the period from the 11th day of each month until the 20th day of that month; and(iii) the period from the 21st day of each month until the final day of that month.

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5.

(a)Notwithstanding paragraph 1, if, during any year from the ninth year until the 13th year,
the aggregate volume of imports referred to in paragraph 1 in any quarter exceeds thequarterly safeguard trigger volume set out in subparagraph (b), Japan may increase therates of customs duties on SG1* goods and SG1** goods from the United Kingdom inaccordance with paragraph 3 of Sub-Section 1 for a period of 90 days. The 90 day
period shall commence no later than the day following the fifth business day after theend of the publication period in which the aggregate volume of imports referred to inparagraph 1 in the quarter exceeded the quarterly safeguard trigger volume. The rate ofcustoms duty referred to in subparagraph 3(c) of Sub-Section 1, if the condition set out
in this paragraph is satisfied, shall be:

(b)

(i)

20.0 per cent from the ninth year until the 12th year; and(ii)

18.0 per cent for the 13th year.

For the purposes of this paragraph, the "quarterly safeguard trigger volume" means 117
per cent of one fourth of the trigger level set out in subparagraph 1(i) for the respective
year.

(c)

Notwithstanding paragraph 1, if, during any year from the ninth year until the 13th year,
the aggregate volume of imports referred to in paragraph 1 exceeds the trigger level set
out in subparagraph 1(i) for the respective year, at the same time as the aggregate
volume of imports referred to in paragraph 1 in the quarter exceeds the quarterly
safeguard trigger volume set out in subparagraph (b), Japan may maintain an
agricultural safeguard measure under this Sub-Section until the later of the end of the 90
day period provided for in subparagraph (a) or the end of the periods provided for inparagraph 3.

6.

If the agricultural safeguard measure under Sub-Section 2 of Section C of Part 3 of Annex 2A to the EU-Japan EPA ceases to be applied in accordance with paragraph 6 of that SubSection, Japan shall not thereafter apply an agricultural safeguard measure under this SubSection.

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7.

Notwithstanding paragraph 1, if the importation into Japan from the United Kingdom of SG1*
goods and SG1** goods has been wholly or substantially suspended for more than 36 months
due to sanitary concerns, Japan shall not apply an agricultural safeguard measure under thisSub-Section to such goods from the United Kingdom for 48 months after the whole orsubstantial lifting of the suspension. If the importation from the United Kingdom of such
goods had been suspended, and a natural disaster, such as severe drought, disrupts therecovery of the production of such goods in the United Kingdom, the period in which Japan
shall not apply an agricultural safeguard measure under this Sub-Section to such goods fromthe United Kingdom shall be 60 months.

8.

If the year in which this Agreement enters into force is less than 12 months, the applicable
trigger level for that year for the purposes of paragraph 1 shall be determined by multiplying
the trigger level set out in paragraph 1 for SG1* goods and SG1** goods for that year by afraction the numerator of which shall be the number of months between the date of entry into
force of this Agreement and the following 31 March and the denominator of which shall be
12. For the purpose of determining the applicable trigger level in accordance with theprevious sentence, any fraction of less than 1.0 shall be rounded to the nearest whole number(in the case of 0.5, the fraction shall be rounded to 1.0).

SUB-SECTION 3
Agricultural safeguard measure for pork
1.

In accordance with paragraph 2 of Sub-Section 1, with respect to the originating agricultural
goods classified under the tariff lines indicated with "SG2" in Column "Note" in the Scheduleof Japan (hereinafter referred to in this Sub-Section as "SG2 goods"), Japan may apply an
agricultural safeguard measure only if the following condition is satisfied:

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(a)in the first year and the second year, Japan may apply an agricultural safeguard measure
under this Sub-Section to SG2 goods only if the aggregate volume of imports of SG2
goods from the United Kingdom, and of the "originating agricultural goods" as definedin paragraph 1 of Article 2.5 of the EU-Japan EPA and classified under the tariff lines
indicated with "SG2" in Column "Note" in the Schedule of Japan referred to inparagraph 1 of Sub-Section 3 of Section C of Part 3 of Annex 2-A to the EU-Japan EPA(hereinafter referred to in this Sub-Section as "aggregate volume of imports of SG2
goods and their corresponding goods from the European Union"), for the respective year
exceeds 116 per cent of the largest annual aggregate volume of imports of SG2 goods
and their corresponding goods from the European Union during any of the preceding
three fiscal years;(b)in the third year and the fourth year:(i)Japan may apply an agricultural safeguard measure under this Sub-Section to SG2
goods imported at a price equal to or greater than the threshold price1 for those
SG2 goods only if the aggregate volume of imports of SG2 goods and theircorresponding goods from the European Union imported at such a price for therespective year exceeds 116 per cent of the largest annual aggregate volume ofimports of SG2 goods and their corresponding goods from the European Union
during any of the preceding three fiscal years; or(ii)

Japan may apply an agricultural safeguard measure under this Sub-Section to SG2
goods imported at a price less than the threshold price for those SG2 goods only if
the aggregate volume of imports of SG2 goods and their corresponding goods
from the European Union imported at such a price for the respective year exceeds:(A) 63,000 metric tonnes for the third year; and1

For the purposes of subparagraphs (b) and (c), "threshold price" means:(a) 399 yen per kilogramme for the originating agricultural goods classified under the tariff
lines 020312.021, 020312.023, 020319.021, 020319.023, 020322.021, 020322.023,
020329.021, 020329.023, 020630.092, 020630.093, 020649.092 and 020649.093; and(b) 299.25 yen per kilogramme for the originating agricultural goods classified under thetariff lines 020311.020, 020311.030, 020321.020 and 020321.030.

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(B)(c)

71,400 metric tonnes for the fourth year; andfrom the fifth year until the ninth year:(i)Japan may apply an agricultural safeguard measure under this Sub-Section to SG2
goods imported at a price equal to or greater than the threshold price for those
SG2 goods only if the aggregate volume of imports of SG2 goods and theircorresponding goods from the European Union imported at such a price for therespective year exceeds 119 per cent of the largest annual aggregate volume ofimports of SG2 goods and their corresponding goods from the European Union
during any of the preceding three fiscal years; or(ii)

Japan may apply an agricultural safeguard measure under this Sub-Section to SG2
goods imported at a price less than the threshold price for those SG2 goods only if
the aggregate volume of imports of SG2 goods and their corresponding goods
from the European Union imported at such a price for the respective year exceeds:(A) 79,800 metric tonnes for the fifth year;(B)

88,200 metric tonnes for the sixth year;(C)

96,600 metric tonnes for the seventh year;(D) 105,000 metric tonnes for the eighth year; and(E)
2.

105,000 metric tonnes for the ninth year.

For SG2 goods, the rate of customs duty referred to in subparagraph 3(c) of Sub-Section 1
shall be:(a)for SG2 goods classified under the tariff lines 020311.040, 020312.022, 020319.022,
020321.040, 020322.022, 020329.022, 020630.099 and 020649.099:(i)

4.0 per cent for the first year;

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(ii)3.4 per cent from the second year until the fourth year;(iii) 2.8 per cent from the fifth year until the seventh year; and(iv) 2.2 per cent in the eighth year and the ninth year;(b)

for SG2 goods classified under the tariff lines 020312.021, 020312.023, 020319.021,
020319.023, 020322.021, 020322.023, 020329.021, 020329.023, 020630.092,
020630.093, 020649.092 and 020649.093, the lesser of:(i)the difference between CIF import price per kilogramme and the First SafeguardStandard Import Price1; and

(ii)
(c)

the first alternative rate2; andfor SG2 goods classified under the tariff lines 020311.020, 020311.030, 020321.020
and 020321.030, the lesser of:(i)the difference between CIF import price per kilogramme and the Second
Safeguard Standard Import Price3; and

1

2

3

For the purposes of subparagraph (b), "First Safeguard Standard Import Price" means a priceequal to 524 yen per kilogramme multiplied by the sum of 100 per cent and the rate ofcustoms duty set out in subparagraph (a) for the respective year.
For the purposes of subparagraph (b), "first alternative rate" means:(a) the rate of customs duty specified in the Schedule of Japan for the tariff lines
020312.023, 020319.023, 020322.023, 020329.023, 020630.093 or 020649.093 for the
first year and the second year;(b) 100 yen per kilogramme from the third year until the seventh year; and(c) 70 yen per kilogramme for the eighth year and the ninth year.
For the purposes of subparagraph (c), "Second Safeguard Standard Import Price" means a
price equal to 393 yen per kilogramme multiplied by the sum of 100 per cent and the rate ofcustoms duty set out in subparagraph (a) for the respective year.

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(ii)3.

the second alternative rate1.

Any agricultural safeguard measure applied under this Sub-Section may be maintained only
until the end of the year in which the condition set out in paragraph 1 is satisfied.

4.

Japan shall not apply or maintain any agricultural safeguard measure under this Sub-Section
after the end of the ninth year.

5.

If the year in which this Agreement enters into force is less than 12 months, the applicable
trigger level for that year for the purposes of paragraph 1 shall be determined by multiplying
the trigger level set out in paragraph 1 for SG2 goods for that year by a fraction the numeratorof which shall be the number of months between the date of entry into force of thisAgreement and the following 31 March and the denominator of which shall be 12. For the
purpose of determining the applicable trigger level in accordance with the previous sentence,
any fraction of less than 1.0 shall be rounded to the nearest whole number (in the case of 0.5,
the fraction shall be rounded to 1.0).

SUB-SECTION 4Agricultural safeguard measure for processed pork
1.

In accordance with paragraph 2 of Sub-Section 1, with respect to the originating agricultural
goods classified under the tariff lines indicated with "SG3" in Column "Note" in the Scheduleof Japan (hereinafter referred to in this Sub-Section as "SG3 goods"), Japan may apply an
agricultural safeguard measure only if the following condition is satisfied:1

For the purposes of subparagraph (c), "second alternative rate" means:(a) the rate of customs duty specified in the Schedule of Japan for the tariff lines
020311.020 or 020321.020 for the first year and second year;(b) 75 yen per kilogramme from the third year until the seventh year; and(c) 52.50 yen per kilogramme for the eighth year and the ninth year.

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(a)from the first year until the fourth year, Japan may apply an agricultural safeguard
measure under this Sub-Section to SG3 goods only if the aggregate volume of importsof SG3 goods from the United Kingdom, and of the "originating agricultural goods" as
defined in paragraph 1 of Article 2.5 of the EU-Japan EPA and classified under thetariff lines indicated with "SG3" in Column "Note" in the Schedule of Japan referred toin paragraph 1 of Sub-Section 4 of Section C of Part 3 of Annex 2-A to the EU-Japan
EPA (hereinafter referred to in this Sub-Section as "aggregate volume of imports of
SG3 goods and their corresponding goods from the European Union"), for therespective year exceeds 118 per cent of the largest annual aggregate volume of importsof SG3 goods and their corresponding goods from the European Union during any ofthe preceding three fiscal years; and(b)from the fifth year until the ninth year, Japan may apply an agricultural safeguard
measure under this Sub-Section to SG3 goods only if the aggregate volume of importsof SG3 goods and their corresponding goods from the European Union for therespective year exceeds 121 per cent of the largest annual aggregate volume of importsof SG3 goods and their corresponding goods from the European Union during any ofthe preceding three fiscal years.

2.

(a)

For SG3 goods, the rate of customs duty referred to in subparagraph 3(c) of Sub-Section
1 shall be:(i)

85 per cent of the base rate for the first year and the second year;(ii)

60 per cent of the base rate from the third year until the seventh year; and(iii) 45 per cent of the base rate for the eighth year and the ninth year.

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(b)For the purposes of subparagraph (a), the base rate shall be comprised of an ad valorem
duty component and a specific duty component, each of which shall be reduced to thepercentages identified in subparagraph (a) to determine the rate of customs duty referred
to in subparagraph 3(c) of Sub-Section 1. The ad valorem duty component of the baserate shall be 8.5 per cent, and the specific duty component shall be equal to 614.85 yen
per kilogramme minus 60 per cent of the CIF import price per kilogramme of therespective SG3 good.

3.

Any agricultural safeguard measure applied under this Sub-Section may be maintained only
until the end of the year in which the condition set out in paragraph 1 is satisfied.

4.

Japan shall not apply any agricultural safeguard measure under this Sub-Section after the endof the ninth year.

5.

If the year in which this Agreement enters into force is less than 12 months, the applicable
trigger level for that year for the purposes of paragraph 1 shall be determined by multiplying
the trigger level set out in paragraph 1 for SG3 goods for that year by a fraction the numeratorof which shall be the number of months between the date of entry into force of thisAgreement and the following 31 March and the denominator of which shall be 12. For the
purpose of determining the applicable trigger level in accordance with the previous sentence,
any fraction of less than 1.0 shall be rounded to the nearest whole number (in the case of 0.5,
the fraction shall be rounded to 1.0).

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SUB-SECTION 5
Agricultural safeguard measure for whey protein concentrate (WPC)1.

In accordance with paragraph 2 of Sub-Section 1, with respect to the originating agricultural
goods classified under the tariff lines indicated with "SG4*" in Column "Note" in the
Schedule of Japan, Japan may apply an agricultural safeguard measure only if the aggregate
volume of imports of those originating agricultural goods from the United Kingdom, and of
the "originating agricultural goods" as defined in paragraph 1 of Article 2.5 of the EU-Japan
EPA and classified under the tariff lines indicated with "SG4*" in Column "Note" in the
Schedule of Japan referred to in paragraph 1 of Sub-Section 5 of Section C of Part 3 of Annex
2-A to the EU-Japan EPA, for a particular year exceeds the trigger level set out as follows:(a)2,267 metric tonnes for the first year;(b)

2,400 metric tonnes for the second year;(c)2,533 metric tonnes for the third year;(d)2,667 metric tonnes for the fourth year;(e)

2,800 metric tonnes for the fifth year;(f)2,933 metric tonnes for the sixth year;(g)

3,067 metric tonnes for the seventh year;(h)3,200 metric tonnes for the eighth year;(i)3,544 metric tonnes for the ninth year;(j)3,888 metric tonnes for the 10th year;(k)4,232 metric tonnes for the 11th year;

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(l)4,690 metric tonnes for the 12th year;(m) 5,148 metric tonnes for the 13th year;(n)5,606 metric tonnes for the 14th year;(o)6,064 metric tonnes for the 15th year;(p)6,522 metric tonnes for the 16th year;(q)6,980 metric tonnes for the 17th year;(r)

7,438 metric tonnes for the 18th year; and(s)from the 19th year, for each year, the trigger level of the previous year plus 573 metrictonnes.

2.

For the originating agricultural goods classified under the tariff lines indicated with "SG4*",
the rate of customs duty referred to in subparagraph 3(c) of Sub-Section 1 shall be:(a)29.8 per cent plus 120 yen per kilogramme from the first year until the third year;(b)

23.8 per cent plus 105 yen per kilogramme from the fourth year until the eighth year;(c)

19.4 per cent plus 90 yen per kilogramme from the ninth year until the 13th year;(d)13.4 per cent plus 75 yen per kilogramme from the 14th year until the 18th year; and(e)from the 19th year:

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(i)if an agricultural safeguard measure set out in this Sub-Section was not applied in
the previous year, the ad valorem duty component of the rate of customs duty
shall be 1.9 per cent lower than it was in the previous year and the specific duty
component of the rate of customs duty shall be 10.70 yen per kilogramme lower
than it was in the previous year; or(ii)

if an agricultural safeguard measure set out in this Sub-Section was applied in theprevious year, the ad valorem duty component of the rate of customs duty shall be
1.0 per cent lower than it was in the previous year and the specific duty
component of the rate of customs duty shall be 5 yen per kilogramme lower than it
was in the previous year.

3.

Any agricultural safeguard measure applied under this Sub-Section may be maintained only
until the end of the year in which the condition set out in paragraph 1 is satisfied.

4.

If the agricultural safeguard measure under Sub-Section 5 of Section C of Part 3 of Annex 2A to the EU-Japan EPA ceases to be applied in accordance with paragraph 4 of that SubSection, Japan shall not thereafter apply an agricultural safeguard measure under this SubSection.

5.

(a)

Notwithstanding paragraph 1, Japan shall not apply any agricultural safeguard measure
under this Sub-Section if:(i)there is a domestic shortage of skimmed milk powder in Japan; or(ii)

there is no demonstrable reduction in domestic demand for skimmed milk powder
in Japan.

(b)

If Japan applies an agricultural safeguard measure under this Sub-Section when the
United Kingdom believes that either of the conditions set out in subparagraph (a) has
been satisfied, the United Kingdom may:

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(i)ask Japan to provide an explanation of why Japan does not consider either of theconditions set out in subparagraph (a) to have been satisfied; and(ii)

request Japan to cease application of the agricultural safeguard measure for theremainder of the year.

6.

If the year in which this Agreement enters into force is less than 12 months, the applicable
trigger level for that year for the purposes of paragraph 1 shall be determined by multiplying
the trigger level set out in paragraph 1 for the originating agricultural goods classified under
the tariff lines indicated with "SG4*" for that year by a fraction the numerator of which shallbe the number of months between the date of entry into force of this Agreement and thefollowing 31 March and the denominator of which shall be 12. For the purpose of determining
the applicable trigger level in accordance with the previous sentence, any fraction of less than
1.0 shall be rounded to the nearest whole number (in the case of 0.5, the fraction shall be
rounded to 1.0).

SUB-SECTION 6
Agricultural safeguard measure for whey powder1.

In accordance with paragraph 2 of Sub-Section 1, with respect to the originating agricultural
goods classified under the tariff lines indicated with "SG4**" in Column "Note" in the
Schedule of Japan, Japan may apply an agricultural safeguard measure only if the aggregate
volume of imports of those originating agricultural goods from the United Kingdom, and of
the "originating agricultural goods" as defined in paragraph 1 of Article 2.5 of the EU-Japan
EPA and classified under the tariff lines indicated with "SG4**" in Column "Note" in the
Schedule of Japan referred to in paragraph 1 of Sub-Section 6 of Section C of Part 3 of Annex
2-A to the EU-Japan EPA, for a particular year exceeds the trigger level set out as follows:(a)2,611 metric tonnes for the first year;(b)

2,767 metric tonnes for the second year;

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(c)2,922 metric tonnes for the third year;(d)

3,078 metric tonnes for the fourth year;(e)

3,233 metric tonnes for the fifth year;(f)3,389 metric tonnes for the sixth year;(g)

3,544 metric tonnes for the seventh year;(h)3,700 metric tonnes for the eighth year;(i)

3,929 metric tonnes for the ninth year;(j)4,158 metric tonnes for the 10th year;(k)4,502 metric tonnes for the 11th year;(l)4,846 metric tonnes for the 12th year;(m) 5,190 metric tonnes for the 13th year; and(n)from the 14th year, for each year, the trigger level of the previous year plus 458 metrictonnes.

2.

For the originating agricultural goods classified under the tariff lines indicated with "SG4**",the rate of customs duty referred to in subparagraph 3(c) of Sub-Section 1 shall be:(a)29.8 per cent plus 75 yen per kilogramme from the first year until the third year;(b)

23.8 per cent plus 45 yen per kilogramme from the fourth year until the eighth year;(c)

13.4 per cent plus 30 yen per kilogramme from the ninth year until the 13th year; and

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(d)from the 14th year:(i)

if an agricultural safeguard measure set out in this Sub-Section was not applied in
the previous year, the ad valorem duty component of the rate of customs duty
shall be 2.0 per cent lower than it was in the previous year and the specific duty
component of the rate of customs duty shall be 4 yen per kilogramme lower than it
was in the previous year; or(ii)

if an agricultural safeguard measure set out in this Sub-Section was applied in theprevious year, the ad valorem duty component of the rate of customs duty shall be
1.0 per cent lower than it was in the previous year and the specific duty
component of the rate of customs duty shall be 2 yen per kilogramme lower than it
was in the previous year.

3.

Any agricultural safeguard measure applied under this Sub-Section may be maintained only
until the end of the year in which the condition set out in paragraph 1 is satisfied.

4.

If the agricultural safeguard measure under Sub-Section 6 of Section C of Part 3 of Annex 2A to the EU-Japan EPA ceases to be applied in accordance with paragraph 4 of that SubSection, Japan shall not thereafter apply an agricultural safeguard measure under this SubSection.

5.

If the year in which this Agreement enters into force is less than 12 months, the applicable
trigger level for that year for the purposes of paragraph 1 shall be determined by multiplying
the trigger level set out in paragraph 1 for the originating agricultural goods classified under
the tariff lines indicated with "SG4**" for that year by a fraction the numerator of which shallbe the number of months between the date of entry into force of this Agreement and thefollowing 31 March and the denominator of which shall be 12. For the purpose of determining
the applicable trigger level in accordance with the previous sentence, any fraction of less than
1.0 shall be rounded to the nearest whole number (in the case of 0.5, the fraction shall be
rounded to 1.0).

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SUB-SECTION 7
Agricultural safeguard measure for fresh oranges
1.

In accordance with paragraph 2 of Sub-Section 1, with respect to the originating agricultural
goods classified under the tariff lines indicated with "SG5" in Column "Note" in the Scheduleof Japan, Japan may apply an agricultural safeguard measure only if the aggregate volume ofimports of those originating agricultural goods from the United Kingdom, and of the"originating agricultural goods" as defined in paragraph 1 of Article 2.5 of the EU-Japan EPA
and classified under the tariff lines indicated with "SG5" in Column "Note" in the Schedule ofJapan referred to in paragraph 1 of Sub-Section 7 of Section C of Part 3 of Annex 2-A to the
EU-Japan EPA, between 1 December and the following 31 March for the fiscal year exceeds
2,000 metric tonnes, except as provided in paragraph 5.

2.

For the originating agricultural goods classified under the tariff lines indicated with "SG5",
the rate of customs duty referred to in subparagraph 3(c) of Sub-Section 1 shall be:

3.

(a)

28 per cent for the first year and the second year; and(b)

20 per cent from the third year until the fifth year.

Any agricultural safeguard measure applied under this Sub-Section may be maintained only
until the end of the year in which the condition set out in paragraph 1 is satisfied.

4.

Japan shall not apply any agricultural safeguard measure under this Sub-Section after the endof the fifth year.

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5.

If the year in which this Agreement enters into force is less than four months, the applicable
trigger level for that year for the purposes of paragraph 1 shall be determined by multiplying
2,000 metric tonnes by a fraction the numerator of which shall be the number of months
between the date of entry into force of this Agreement and the following 31 March and thedenominator of which shall be 4. For the purpose of determining the applicable trigger levelin accordance with the previous sentence, any fraction of less than 1.0 shall be rounded to thenearest whole number (in the case of 0.5, the fraction shall be rounded to 1.0).

SUB-SECTION 8Agricultural safeguard measure for race horses
1.

In accordance with paragraph 2 of Sub-Section 1, with respect to the originating agricultural
goods classified under the tariff lines indicated with "SG6" in Column "Note" in the Scheduleof Japan, Japan may apply an agricultural safeguard measure only if the CIF import price pereach of those originating agricultural goods, expressed in the Japanese yen, is less than 90 per
cent of the trigger price. The trigger price shall be the price that has been agreed inaccordance with paragraph 4, or 10.7 million yen if there has been no specific agreement on
the trigger price in accordance with paragraph 4.

2.

For the originating agricultural goods classified under the tariff lines indicated with "SG6",
the rate of customs duty referred to in subparagraph 3(c) of Sub-Section 1 shall be the rate ofcustoms duty determined for those originating agricultural goods in accordance with category"B15" as set out in subparagraph 1(x) of Section A plus:(a)if the difference between the CIF import price per each of the originating agricultural
goods and the trigger price is greater than 10 per cent but less than or equal to 40 per
cent of the trigger price, 30 per cent of the difference between the most-favoured-nation
applied rate of customs duty in effect at the time of importation and the rate of customs
duty applied to the originating agricultural goods in accordance with category "B15" as
set out in subparagraph 1(x) of Section A;

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(b)if the difference between the CIF import price per each of the originating agricultural
goods and the trigger price is greater than 40 per cent but less than or equal to 60 per
cent of the trigger price, 50 per cent of the difference between the most-favoured-nation
applied rate of customs duty in effect at the time of importation and the rate of customs
duty applied to the originating agricultural goods in accordance with category "B15" as
set out in subparagraph 1(x) of Section A;(c)

if the difference between the CIF import price per each of the originating agricultural
goods and the trigger price is greater than 60 per cent but less than or equal to 75 percent of the trigger price, 70 per cent of the difference between the most-favoured-nation
applied rate of customs duty in effect at the time of importation and the rate of customs
duty applied to the originating agricultural goods in accordance with category "B15" as
set out in subparagraph 1(x) of Section A; and(d)if the difference between the CIF import price per each of the originating agricultural
goods and the trigger price is greater than 75 per cent of the trigger price, the difference
between the most-favoured-nation applied rate of customs duty in effect at the time ofimportation and the rate of customs duty applied to the originating agricultural goods inaccordance with category "B15" as set out in subparagraph 1(x) of Section A.

3.

Japan shall not apply any agricultural safeguard measure under this Sub-Section after the endof the 13th year.

4.

On request of the United Kingdom, Japan and the United Kingdom shall consult on theoperation of the agricultural safeguard measure set out in this Sub-Section and may mutuallyagree to periodically evaluate and update the trigger price.

________________

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- 505 506

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505

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- 506 507

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- 507 508

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- 508 509

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- 509 510

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- 510 511

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510

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- 511 512

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511

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- 512 513

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5122020/10/23

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- 513 514

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- 514 515

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- 515 516

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515

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- 516 517

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516

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- 517 518

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517

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- 518 519

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518

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- 519 520

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519

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- 520 521

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520

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- 521 522

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- 522 523

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- 523 524

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- 524 525

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- 525 526

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525

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- 526 527

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- 527 528

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- 528 529

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- 529 530

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605

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607

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- 610 611

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610

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- 612 613

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- 628 629

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- 629 630

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- 630 631

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- 632 633

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- 633 634

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- 634 635

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- 635 636

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635

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- 636 637

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- 637 638

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- 638 639

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- 639 640

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- 640 641

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640

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- 641 642

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641

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- 642 643

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- 643 644

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- 644 645

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644

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- 645 646

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645

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- 646 647

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646

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- 647 648

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647

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- 648 649

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648

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- 649 650

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- 650 651

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650

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- 651 652

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651

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- 652 653

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- 653 654

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- 654 655

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- 655 656

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- 656 657

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- 657 658

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- 658 659

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- 659 660

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- 660 661

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- 662 663

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- 663 664

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- 664 665

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- 665 666

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665

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- 666 667

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- 667 668

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667

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19:20:52

- 668 669

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668

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- 669 670

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- 670 671

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ANNEX 2-B

LIST OF GOODS REFERRED TO IN ARTICLES 2.15 AND 2.171
Chapter Description of goods
25

Salt; sulphur; earths and stone; plastering materials, lime and cement

26

Ores, slag and ash

27

Mineral fuels, mineral oils and products of their distillation; bituminous substances;mineral waxes

28

Inorganic chemicals; organic or inorganic compounds of precious metals, of rare-earth
metals, of radioactive elements or of isotopes

71

Natural or cultured pearls, precious or semi-precious stones, precious metals, metals
clad with precious metal, and articles thereof; imitation jewellery; coin

72

Iron and steel

73

Articles of iron or steel

74

Copper and articles thereof

75

Nickel and articles thereof

76

Aluminium and articles thereof

78

Lead and articles thereof

79

Zinc and articles thereof80

Tin and articles thereof

81

Other base metals; cermets; articles thereof________________

1

This Annex is based on the Harmonized System, as amended on 1 January 2017.

- 671
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ANNEX 2-C

MOTOR VEHICLES AND PARTSARTICLE 1
Definitions
1.

For the purposes of this Annex:(a)"WP.29" means the World Forum for Harmonization of Vehicle Regulations, acting
within the framework of the United Nations and the Economic Commission for Europe;(b)"1958 Agreement" means the Agreement concerning the Adoption of HarmonizedTechnical United Nations Regulations for Wheeled Vehicles, Equipment and Parts
which can be Fitted and/or be Used on Wheeled Vehicles and the Conditions for
Reciprocal Recognition of Approvals Granted on the Basis of these United Nations
Regulations;(c)"1998 Agreement" means the Agreement concerning the establishing of global technicalregulations for wheeled vehicles, equipment and parts which can be fitted and/or beused on wheeled vehicles;(d)"UN Regulation" means a United Nations Regulation established in accordance with the1958 Agreement;(e)"GTR" means a global technical regulation established and placed on the Global
Registry in accordance with the 1998 Agreement;(f)"applying a UN Regulation" means that a UN Regulation enters into force for a Party inaccordance with the 1958 Agreement;

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(g)"type approval" means the administrative decision by the competent authorities of a
Party certifying that a type of vehicle, part or equipment conforms to the relevant
administrative provisions and technical requirements; and(h)"type approval certificate" means the document whereby the competent authorities
officially certify that a type of vehicle, part or equipment has been granted a typeapproval.

2.

For the purposes of this Annex, technical regulations and conformity assessment proceduresare defined in accordance with paragraphs 1 and 3 of Annex 1 to the TBT Agreement.

ARTICLE 2
Scope
This Annex applies to all products of motor vehicles, their parts and equipment regulated by the1958 Agreement or the 1998 Agreement with the exception of any motor vehicles, their parts andequipment used exclusively for agriculture or forestry, falling in particular under Chapters 40, 84,
85, 87 and 94 of the HS (hereinafter referred to as "covered products").

ARTICLE 3
Objectives
Recognising the importance of motor vehicles, their parts and equipment for trade, growth andemployment, the objectives of this Annex are to:(a)promote high levels of safety, environmental protection, energy efficiency and anti-theftperformance of motor vehicles, their parts and equipment which can be fitted or used onwheeled vehicles;

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(b)facilitate trade between the Parties and access to their respective markets through regulatory
cooperation as well as the elimination and prevention of adverse effects of non-tariff measures
to trade;(c)enhance the international harmonisation of requirements in the context of WP.29 and themutual recognition of type approvals granted in accordance with UN Regulations without
requiring any further testing, documentation, certification or marking; and(d)achieve convergence of regulatory requirements of the Parties through the application of UN
Regulations and GTRs.

ARTICLE 4
Relevant international standards and standardising body
The Parties recognise that the WP.29 is the relevant international standardising body for the covered
products, and that UN Regulations and GTRs are relevant international standards for covered
products.

ARTICLE 5
Application of existing UN Regulations
1.

Each Party shall accept on its market products which are covered by a type approval
certificate, under the 1958 Agreement, for the UN Regulations specified in Appendix 2-C-1 ascompliant with its domestic technical regulations and conformity assessment procedures, inthe area regulated by the relevant UN Regulation, without requiring any further testing,documentation, certification or marking.

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2.

The Parties shall consult, with a view to ensuring safety and environmental protection and topromoting harmonisation of technical regulations under the 1958 Agreement, and shall agree
on the dates for applying the UN Regulations specified in Appendix 2-C-2 no later than sevenyears after the date of entry into force of this Agreement. When the Parties, during those
consultations, consider it necessary to amend a specific UN Regulation in order to agree on
the date of application, the provisions of Article 6 of this Annex apply.

ARTICLE 6
Amendments to existing UN Regulations
1.

Whenever a Party considers it necessary to amend a UN Regulation listed in Appendix 2-C-1
or 2-C-2, that Party shall consult with the other Party to consider amending the UN
Regulation.

2.

If the Parties agree on amending the UN Regulation, the Parties shall cooperate to develop a
draft amendment, taking into account the road traffic environment of each Party, and to
submit it to WP.29. The Parties shall cooperate with a view to the early adoption of the draft
amendment at WP.29.

3.

If the Parties agree that an amended UN Regulation listed in Appendix 2-C-2 does not
significantly diverge from the draft amendment developed by the Parties, each Party shallaccept type approvals granted pursuant to the amended UN Regulation no later than the datespecified therein. In case of disagreement between the Parties, the rights and obligations of
the 1958 Agreement shall apply.

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ARTICLE 7
Establishment of new UN Regulations
1.

Whenever a Party considers it necessary to establish a new UN Regulation, that Party shallconsult with the other Party with a view to ensuring safety and environmental protection andto promoting harmonisation of technical regulations.

2.

If the Parties agree on establishing a new UN Regulation, they shall cooperate to develop a
joint draft UN Regulation and to submit it to WP.29. The Parties will cooperate aiming at theearly adoption of that draft UN Regulation at WP.29.

3.

If the Parties agree that the newly adopted UN Regulation does not significantly diverge fromthe original joint draft referred to in paragraph 2, each Party shall accept type approvals
granted pursuant to that new UN Regulation as from the date specified in that UN Regulationand include it in the list of Appendix 2-C-1. In case of disagreement between the Parties, therights and obligations of the 1958 Agreement shall apply.

ARTICLE 8
Ceasing to apply UN Regulations
1.

In exceptional circumstances where a Party intends to cease applying a UN Regulation listed
in Appendix 2-C-1 or 2-C-2, that Party shall notify its intention to the other Party. This
notification shall be done one year in advance of the date on which the application of the UN
Regulation would cease.

2.

Before ceasing to apply a UN Regulation, a Party shall engage in a dialogue with the otherParty to explore alternative actions or measures available under the 1958 Agreement.

3.

After a Party has explained duly substantiated reasons, that Party may decide to cease
applying a UN Regulation in accordance with the 1958 Agreement.

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ARTICLE 9
Updating of appendices
1.

The Parties shall, based on the assessment of the Working Group on Motor Vehicles and Parts
established pursuant to paragraph 1 of Article 23.4, amend Appendix 2-C-1 or 2-C-2 bydecision of the Joint Committee in accordance with paragraph 3 and subparagraph 4(b) of
Article 24.2, in order to reflect amendments agreed pursuant to paragraph 3 of Article 6 ofthis Annex, to include a new UN Regulation pursuant to paragraph 3 of Article 7 of thisAnnex, to delist a UN Regulation the application of which has ceased under paragraph 3 ofArticle 8 of this Annex and to reflect the transfer of a UN Regulation from Appendix 2-C-2 toAppendix 2-C-1 referred to in paragraph 2.

2.

The dates agreed pursuant to paragraph 2 of Article 5 of this Annex shall be included inAppendix 2-C-2. When a UN Regulation specified in Appendix 2-C-2 is applied, it shall betransferred to Appendix 2-C-1.

3.

If the Parties cannot agree on the specific amendment in the consultations pursuant toparagraph 2 of Article 5 in conjunction with Article 6 of this Annex, the Parties may change
the date for applying such UN Regulation or agree to remove it from Appendix 2-C-2.

ARTICLE 10International whole vehicle type approvals
1.

Each Party shall apply UN Regulation No. 0 and accept products under the 1958 Agreementof the other Party for which an International Whole Vehicle Type Approval certificate has
been issued as complying with all domestic technical regulations and conformity assessment
procedures in the areas covered by the International Whole Vehicle Type Approval, without
requiring any further testing, documentation, certification or marking.

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2.

The Parties agree to cooperate in the implementation of UN Regulation No. 0 to facilitate its
worldwide use and to cooperate in enlarging the coverage of UN Regulation No. 0 to
additional vehicle categories.

ARTICLE 11
Amending existing domestic technical regulations
1.

The Parties shall refrain from amending existing domestic technical regulations in a mannerthat renders them more trade-restrictive than necessary to fulfil a legitimate objective for theimportation and the putting into service on their domestic market of products for which typeapprovals have been granted pursuant to UN Regulations.

2.

Recognising the importance of international efforts on harmonisation of technical regulations
through UN Regulations, the Parties shall consider positively an increase in their convergencewith existing UN Regulations when amending an existing domestic technical regulation witha view to enhancing safety and environmental protection.

ARTICLE 12
Introducing domestic technical regulations
1.

The Parties shall refrain from introducing any new domestic technical regulations or
conformity assessment procedures which have the effect of preventing or increasing theburden for the importation and the putting into service on their domestic market of products
for which type approvals have been granted under UN Regulations applied by both Parties,
for the areas covered by those UN Regulations unless such domestic technical regulations or
conformity assessment procedures are explicitly provided for by those UN Regulations.

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2.

Except for cases where the Parties complied with Articles 6 and 7 of this Annex, when a Party
intends to develop or amend a domestic technical regulation or conformity assessment
procedure in areas not covered by existing UN Regulations, that Party shall:(a)inform the regulatory authorities of the other Party of the regulatory objective and plan
as well as transmit any regulatory justification or existing impact assessment regarding
the intended domestic technical regulation or conformity assessment procedure at an
early stage;(b)

assess the possibility to develop and adopt a new UN Regulation or to amend an
existing UN Regulation in the area in which that Party intends to introduce a domestic
technical regulation or conformity assessment procedure; and(c)notify the Co-Chair of the Working Group on Motor Vehicles and Parts of the otherParty when that Party decides to introduce a domestic technical regulation or conformity
assessment procedure in an area not covered by a UN Regulation.

ARTICLE 13
Consultation procedure
1.

When a Party decides to introduce or to amend a domestic technical regulation or conformity
assessment procedure in accordance with this Agreement, the other Party may request
consultations with that Party, which shall accept those consultations without delay. During
those consultations, the Parties shall cooperate to develop a solution to minimise negative
effects on bilateral trade. In situations where the Party requires an immediate action, that
Party may adopt the domestic technical regulation or conformity assessment procedure before
the completion of such consultations. That Party shall communicate and substantiate theurgency and imminent risks to safety or the environment.

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2.

If the Parties fail to agree on a solution, the Party referred to in paragraph 1 may adopt its
domestic technical regulation or conformity assessment procedure and the other Party may
have recourse to dispute settlement under Chapter 22 in accordance with Article 19 of thisAnnex if it deems that that domestic technical regulation or conformity assessment procedure
could adversely affect trade between the Parties.

3.

The decision of the other Party whether or not to invoke consultations under paragraph 1 iswithout prejudice to the right of that other Party to have recourse to dispute settlement under
Chapter 22 in accordance with Article 19 of this Annex with respect to a new or amended
domestic technical regulation or conformity assessment procedure adopted by the Party
referred to in paragraph 1.

ARTICLE 14
Products with new technologies or new features
A Party shall not prevent or unduly delay the placing on its market of a covered product on the
ground that it incorporates a new technology or a new feature which has not yet been regulated
unless there are duly substantiated risks to human health, safety or the environment. Each Party
shall implement the relevant provisions of the 1958 Agreement relating to new technologies.

ARTICLE 15
Regulatory exception clause
1.

If there are urgent and compelling risks for human health, safety or the environment, a Party
may refuse the placing of a covered product on its market or may require the withdrawal fromits market of a covered product which is compliant with the technical regulations andconformity assessment procedures referred to in this Annex. Such a refusal or requirement
shall not constitute a means of arbitrary or unjustifiable discrimination against the products of
the other Party or a disguised restriction on trade.

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2.

A Party's refusal or requirement referred to in paragraph 1 shall be notified to the other Party
and to the manufacturer or the importer before its entry into force. The notification shall beaccompanied by an objective, reasoned and detailed explanation of the risks and the measures,
and any relevant scientific and technical evidence. The Party referred to in paragraph 1 shallendeavour to solve the situation via the application of the procedure referred to in Article 4 of
the 1958 Agreement.

ARTICLE 16
Regulatory measures restricting trade
Each Party shall refrain from nullifying or impairing the market access benefits accruing to theother Party under this Annex through other regulatory measures specific to the sector covered bythis Annex. This is without prejudice to the right to adopt regulatory measures necessary for safety,
environmental protection or public health and the prevention of deceptive practices, provided thatsuch measures are based on substantiated scientific or technical information and that the relevant
cooperation provided for in this Annex has been undertaken in good faith.

ARTICLE 17
Joint cooperation
1.

In order to further facilitate trade in motor vehicles, their parts and equipment and to address
market access problems before they arise, while ensuring safety and environmental protection,
the Parties agree to cooperate on any matters concerning covered products.

2.

Each Party shall respond to written and duly substantiated questions and comments by theother Party regarding any aspects concerning covered products. Such response shall be madein writing, in a timely manner and within a time period not exceeding 60 days after the date ofreceipt of those questions or comments.

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3.

Following the exchanges referred to in paragraph 2, the Parties shall cooperate to promptly
clarify any remaining issues concerning covered products and, where possible, address thoseissues with a view to seeking a mutually satisfactory solution.

ARTICLE 18
Safeguard
1.

During the 10 years following the entry into force of this Agreement, each of the Parties
reserves the right to suspend equivalent concessions or other equivalent obligations in theevent that the other Party:1(a)does not apply or ceases applying a UN Regulation as specified in Appendix 2-C-1; or(b)introduces or amends any other regulatory measure that nullifies or impairs the benefitsof the application of a UN Regulation as specified in Appendix 2-C-1.

2.

Suspensions pursuant to paragraph 1 shall remain in force only until a decision is made inaccordance with the accelerated dispute settlement procedure referred to in Article 19 of thisAnnex or a mutually acceptable solution is found, including through consultations undersubparagraph (b) of Article 19 of this Annex, whichever is earlier.

ARTICLE 19
Accelerated dispute settlement
Chapter 22 applies to this Annex subject to the following modifications:1

The level of the suspension of concessions or other obligations shall be no more than the levelof the amount of the bilateral trade between the Parties of products covered by the UN
Regulation referred to in subparagraph 1(a) or (b).

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(a)disputes concerning the interpretation or application of this Annex shall be considered as
matters of urgency;(b)

the period for consultations provided for in paragraph 4 of Article 22.5 shall be reduced from45 days to 15 days;(c)the period for the issuance of the interim report of the panel provided for in paragraph 1 of
Article 22.18 shall be reduced from 120 days to 60 days after the date of the establishment of
the panel;(d)the period for the issuance of the final report provided for in paragraph 1 of Article 22.19
shall be reduced from 30 days to 15 days after the date of the issuance of the interim report;
and

(e)

the following paragraph shall be deemed to be added to Article 22.20: "The reasonable periodof time should normally not exceed 90 days, and shall in no case exceed 150 days from thedate of the issuance of the final report in cases where the adoption of a measure by the Party
complained against does not require legislative action in order to bring that Party into
compliance.".

ARTICLE 20
Working Group on Motor Vehicles and Parts
1.

The Working Group on Motor Vehicles and Parts established pursuant to paragraph 1 of
Article 23.4 shall be responsible for the effective implementation and operation of this Annex.

2.

The functions of this Working Group shall be to:(a)discuss any matter arising under this Annex, upon a Party's request;(b)assess the need for amending Appendices 2-C-1 and 2-C-2, in accordance with
Articles 5 to 9 of this Annex;

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(c)carry out cooperation in accordance with this Annex;(d)carry out consultations in accordance with Article 13 of this Annex;(e)establish ad hoc working groups at the request of either Party, in order to address a
specific issue raised by a Party; and(f)carry out other functions as may be delegated by the Joint Committee pursuant to
subparagraph 5(b) of Article 23.1.

3.

Notwithstanding subparagraphs 4(a) and (c) of Article 23.4, the Working Group shall meet on
request of a Party at such venues as mutually determined.

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APPENDIX 2-C-1

UN REGULATIONS APPLIED BY BOTH PARTIES
Regulation
No.

Title

3

Uniform provisions concerning the approval of retro-reflecting devices for powerdriven vehicles and their trailers

4

Uniform provisions concerning the approval of devices for the illumination of rearregistration plates of power-driven vehicles and their trailers

6

Uniform provisions concerning the approval of direction indicators for power-driven
vehicles and their trailers

7

Uniform provisions concerning the approval of front and rear position lamps,
stop-lamps and end-outline marker lamps for motor vehicles and their trailers

10

Uniform provisions concerning the approval of vehicles with regard toelectromagnetic compatibility

11

Uniform provisions concerning the approval of vehicles with regard to door latches
and door retention components

12

Uniform provisions concerning the approval of vehicles with regard to the protectionof the driver against the steering mechanism in the event of impact

13

Uniform provisions concerning the approval of vehicles of categories M, N and O
with regard to braking

13-H

Uniform provisions concerning the approval of passenger cars with regard to braking

14

Uniform provisions concerning the approval of vehicles with regard to safety-belt
anchorages

16

Uniform provisions concerning the approval of:
I. Safety-belts, restraint systems, child restraint systems and ISOFIX child restraint
systems for occupants of power-driven vehicles
II. Vehicles equipped with safety-belts, safety-belt reminders, restraint systems, child
restraint systems and ISOFIX child restraint systems and i-Size child restraint
systems

17

Uniform provisions concerning the approval of vehicles with regard to the seats,
their anchorages and any head restraints

19

Uniform provisions concerning the approval of power-driven vehicle front fog lamps

21

Uniform provisions concerning the approval of vehicles with regard to their interior
fittings

23

Uniform provisions concerning the approval of reversing and manoeuvring lamps for
power-driven vehicles and their trailers

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Regulation
No.

Title

25

Uniform provisions concerning the approval of head restraints (headrests), whether
or not incorporated in vehicle seats

26

Uniform provisions concerning the approval of vehicles with regard to their external
projections

27

Uniform provisions concerning the approval of advance-warning triangles

28

Uniform provisions concerning the approval of audible warning devices and of
motor vehicles with regard to their audible signals

30

Uniform provisions concerning the approval of pneumatic tyres for motor vehicles
and their trailers

34

Uniform provisions concerning the approval of vehicles with regard to theprevention of fire risks

37

Uniform provisions concerning the approval of filament light sources for use inapproved lamps of power-driven vehicles and of their trailers

38

Uniform provisions concerning the approval of rear fog lamps for power-driven
vehicles and their trailers

39

Uniform provisions concerning the approval of vehicles with regard to the
speedometer and odometer equipment including its installation

41

Uniform provisions concerning the approval of motor cycles with regard to noise

43

Uniform provisions concerning the approval of safety glazing materials and theirinstallation on vehicles

44

Uniform provisions concerning the approval of restraining devices for childoccupants of power-driven vehicles ("Child Restraint Systems")

45

Uniform provisions concerning the approval of headlamp cleaners, and of powerdriven vehicles with regard to headlamp cleaners

46

Uniform provisions concerning the approval of devices for indirect vision and of
motor vehicles with regard to the installation of these devices

48

Uniform provisions concerning the approval of vehicles with regard to theinstallation of lighting and light-signalling devices

50

Uniform provisions concerning the approval of front position lamps, rear position
lamps, stop lamps, direction indicators and rear-registration-plate illuminating
devices for vehicles of category L

51

Uniform provisions concerning the approval of motor vehicles having at least four
wheels with regard to their sound emissions

53

Uniform provisions concerning the approval of category L3 vehicles with regard to
the installation of lighting and light-signalling devices

54

Uniform provisions concerning the approval of pneumatic tyres for commercial
vehicles and their trailers

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Regulation
No.
58

Title
Uniform provisions concerning the approval of:
I. Rear underrun protective devices (RUPDs)
II. Vehicles with regard to the installation of an RUPD of an approved type
III. Vehicles with regard to their rear underrun protection (RUP)

60

Uniform provisions concerning the approval of two-wheeled motor cycles andmopeds with regard to driver-operated controls including the identification ofcontrols, tell-tales and indicators

62

Uniform provisions concerning the approval of power-driven vehicles withhandlebars with regard to their protection against unauthorized use

64

Uniform provisions concerning the approval of vehicles with regard to theirequipment which may include: a temporary use spare unit, run flat tyres and/or a runflat system and/or extended mobility tyres

66

Uniform provisions concerning the approval of large passenger vehicles with regard
to the strength of their superstructure

70

Uniform provisions concerning the approval of rear marking plates for heavy andlong vehicles

75

Uniform provisions concerning the approval of pneumatic tyres for L-category
vehicles77

Uniform provisions concerning the approval of parking lamps for power-driven
vehicles78

Uniform provisions concerning the approval of vehicles of categories L1, L2, L3, L4
and L5 with regard to braking

79

Uniform provisions concerning the approval of vehicles with regard to steering
equipment

80

Uniform provisions concerning the approval of seats of large passenger vehicles andof these vehicles with regard to the strength of the seats and their anchorages

81

Uniform provisions concerning the approval of rear-view mirrors of two-wheeled
power-driven vehicles with or without side car, with regard to the mounting of rearview mirrors on handlebars

85

Uniform provisions concerning the approval of internal combustion engines orelectric drive trains intended for the propulsion of motor vehicles of categories M
and N with regard to the measurement of the net power and the maximum 30
minutes power of electric drive trains

87

Uniform provisions concerning the approval of daytime running lamps for powerdriven vehicles

91

Uniform provisions concerning the approval of side-marker lamps for motor vehicles
and their trailers

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Regulation
No.
93

Title
Uniform provisions concerning the approval of:
I. Front underrun protective devices (FUPDs)
II. Vehicles with regard to the installation of an FUPD of an approved type
III. Vehicles with regard to their front underrun protection (FUP)

94

Uniform provisions concerning the approval of vehicles with regard to the protectionof the occupants in the event of a frontal collision

95

Uniform provisions concerning the approval of vehicles with regard to the protectionof the occupants in the event of a lateral collision98

Uniform provisions concerning the approval of motor vehicle headlamps equippedwith gas-discharge light sources

99

Uniform provisions concerning the approval of gas-discharge light sources for use inapproved lamps of power-driven vehicles

100

Uniform provisions concerning the approval of vehicles with regard to specificrequirements for the electric power train

104

Uniform provisions concerning the approval of retro-reflective markings for vehicles
of category M, N and O

110

Uniform provisions concerning the approval of:
I. Specific components of motor vehicles using compressed natural gas (CNG)
and/or liquefied natural gas (LNG) in their propulsion system
II. Vehicles with regard to the installation of specific components of an approved
type for the use of compressed natural gas (CNG) and/or liquefied natural gas (LNG)
in their propulsion system

112

Uniform provisions concerning the approval of motor vehicle headlamps emitting an
asymmetrical passing-beam or a driving-beam or both and equipped with filament
lamps and/or Light-Emitting Diode (LED) modules

113

Uniform provisions concerning the approval of motor vehicle headlamps emitting asymmetrical passing-beam or a driving-beam or both and equipped with filament,
gas-discharge light sources or LED modules

116

Uniform provisions concerning the protection of motor vehicles against unauthorized
use

117

Uniform provisions concerning the approval of tyres with regard to rolling soundemissions and/or to adhesion on wet surfaces and/or to rolling resistance

119

Uniform provisions concerning the approval of cornering lamps for power-driven
vehicles121

Uniform provisions concerning the approval of vehicles with regard to the locationand identification of hand controls, tell-tales and indicators

123

Uniform provisions concerning the approval of adaptive front-lighting systems(AFS) for motor vehicles

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Regulation
No.

1

Title

125

Uniform provisions concerning the approval of motor vehicles with regard to theforward field of vision of the motor vehicle driver

127

Uniform provisions concerning the approval of motor vehicles with regard to theirpedestrian safety performance

128

Uniform provisions concerning the approval of Light Emitting Diode (LED) lightsources for use in approved lamps on power-driven vehicles and their trailers

129

Uniform provisions concerning the approval of Enhanced Child Restraint Systems(ECRS)

130

Uniform provisions concerning the approval of motor vehicles with regard to theLane Departure Warning System (LDWS)

131

Uniform provisions concerning the approval of motor vehicles with regard to the
Advanced Emergency Braking Systems (AEBS)

134

Uniform provisions concerning the approval of motor vehicles and their components
with regard to the safety-related performance of hydrogen-fuelled vehicles (HFCV)1

135

Uniform provisions concerning the approval of vehicles with regard to their PoleSide Impact performance (PSI)

136

Uniform provisions concerning the approval of vehicles of category L with regard tospecific requirements for the electric power train

For Japan, to the extent that the containers are marked in accordance with Article 46 of theHigh Pressure Gas Safety Act (Law No.204 of 1951) of Japan, the conditions to approve avehicle type that has been approved by the type approval authority of the United Kingdom inaccordance with UN Regulation No.134 shall be as follows:(a) at the time of application pursuant to the High Pressure Gas Safety Act of Japan, themanufacturer or its legal representative in Japan shall present that:(i) the material of the containers is equivalent to SUS F 316L specified under JIS(Japan Industrial Standard) G 3214; for the purposes of this subparagraph, thecompliance with DIN1.4435 as of the date of entry into force of this Agreement
is considered as fulfilling of this requirement;(ii) "the Nickel Equivalent" (mass %) is more than 28.5; for the purposes of thissubparagraph, "Nickel Equivalent" (mass %) is defined as:"12.6[C]+0.35[Si]+1.05[Mn]+[Ni]+0.65[Cr]+0.98[Mo]" and shall be proved by
the Material Mill Sheet; and(iii) the test result for "Reduction of Area" is more than 75 %; in case the test result is
between 72 % and 75 %, the application will be examined taking into account"the Nickel Equivalent"; and(b) individual vehicles are subject to a two-year periodic inspection for the hydrogenstorage system in accordance with Articles 49 and 49-4 of the High Pressure Gas Safety
Act of Japan and the system shall be removed after 15 years from the date ofproduction.
This footnote shall cease to have effect at the time when both Parties have completed thework in the Phase 2 of GTR No. 13 Global technical regulation on hydrogen and fuel cellvehicles and have applied the corresponding UN Regulation under the 1958 Agreement.

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Regulation
No.

Title

137

Uniform provisions concerning the approval of passenger cars in the event of afrontal collision with focus on the restraint system

138

Uniform provisions concerning the approval of Quiet Road Transport Vehicles withregard to their reduced audibility

139

Uniform provisions concerning the approval of passenger cars with regard to Brake
Assist Systems (BAS)140

Uniform provisions concerning the approval of passenger cars with regard to
Electronic Stability Control (ESC) systems

141

Uniform provisions concerning the approval of vehicles with regard to their Tyre
Pressure Monitoring Systems (TPMS)

142

Uniform provisions concerning the approval of motor vehicles with regard to theinstallation of their tyres

144

Uniform provisions concerning:
Ia. Accident Emergency Call Components (AECC)
Ib. Accident Emergency Call Devices (AECD) which are intended to be fitted tovehicles of categories M1 and N1
II. Vehicles with regard to their Accident Emergency Call Systems (AECS) whenequipped with an AECD of an approved type
III. Vehicles with regard to their Accident Emergency Call Systems (AECS) whenequipped with an AECD of non approved type

145

Uniform provisions concerning the approval of vehicles with regard to ISOFIX
anchorage systems ISOFIX top tether anchorages and i-Size seating positions

146

Uniform provisions concerning the approval of motor vehicles and their components
with regard to the safety-related performance of hydrogen-fuelled vehicles ofcategories L1, L2, L3, L4 and L5

148

Uniform provisions concerning the approval of light-signalling devices (lamps) for
power-driven vehicles and their trailers

149

Uniform provisions concerning the approval of road illumination devices (lamps)
and systems for power-driven vehicles

150

Uniform provisions concerning the approval of retro-reflective devices and markingsfor power-driven vehicles and their trailers

151

Uniform provisions concerning the approval of motor vehicles with regard to theBlind Spot Information System for the Detection of Bicycles

152

Uniform provisions concerning the approval of motor vehicles with regard to the
Advanced Emergency Braking System (AEBS) for M1 and N1 vehicles

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APPENDIX 2-C-2

UN REGULATIONS APPLIED BY ONE OF THE PARTIESAND NOT YET CONSIDERED BY THE OTHER PARTY
Regulation
No.
73

Title

Date ofapplication by
the other Party1

Uniform provisions concerning the approval of:
I. Vehicles with regard to their lateral protection devices (LPD)
II. Lateral protection devices (LPD)
III. Vehicles with regard to the installation of LPD of an approved
type according to Part II of this Regulation

126

Uniform provisions concerning the approval of partitioning
systems to protect passengers against displaced luggage, supplied
as non original vehicle equipment________________

1

Dates to be agreed in accordance with paragraph 2 of Article 5 of this Annex.

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ANNEX 2-D

FACILITATION OF SHOCHU EXPORTSingle distilled shochu, as defined in subparagraph 10 of Article 3 of the Liquor Tax Law (Law
No. 6 of 1953) of Japan, produced by pot still and bottled in Japan, shall be allowed to be placed on
the market of the United Kingdom in traditional bottles of four go（合）1, five go（合）2 or one sho（升）3, provided that other applicable legal requirements of the United Kingdom are fulfilled.

_______________

1
2

3

One go（合） is equal to 180 ml.
The United Kingdom shall comply with the obligation with regard to traditional bottles of fivego（合） referred to in this Annex subject to the completion of its necessary domestic
procedures. The United Kingdom shall expeditiously take necessary steps to ensure thefulfilment of this obligation and shall notify Japan no later than 90 days after the date of entry
into force of this Agreement of the completion of its domestic procedures necessary for thefulfilment of this obligation.
One sho（升） is equal to 1,800 ml.

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ANNEX 2-E

FACILITATION OF WINE PRODUCT EXPORTPART 1
United Kingdom

SECTION A
Laws and regulations of the United Kingdom
referred to in subparagraphs 1(a) and 2(a) of Article 2.24
The product definitions and the oenological practices authorised and restrictions applied in the
United Kingdom referred to in subparagraphs 1(a) and 2(a) of Article 2.24 are set out in thefollowing laws and regulations:–

Regulation (EU) No 1308/2013 of the European Parliament and of the Council of
17 December 2013 establishing a common organisation of the markets in agricultural
products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC)No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671), in particular
production rules in the wine sector, in accordance with Articles 75, 78, 80, 81, 83 and 91,
Part II of Annex VII and Parts I and II of Annex VIII to that Regulation, provided that they
concern products within the scope of Section C of Chapter 2;

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–Commission Delegated Regulation (EU) 2019/934 of 12 March 2019 supplementing
Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards
wine-growing areas where the alcoholic strength may be increased, authorised oenologicalpractices and restrictions applicable to the production and conservation of grapevine products,
the minimum percentage of alcohol for by-products and their disposal, and publication of OIV
files (OJ L 149, 7.6.2019, p. 1), provided that they concern products within the scope ofSection C of Chapter 2; and–Commission Implementing Regulation (EU) 2019/935 of 16 April 2019 laying down rules forthe application of Regulation (EU) No 1308/2013 of the European Parliament and of theCouncil as regards analysis methods for determining the physical, chemical and organoleptic
characteristics of grapevine products and notifications of Member States decisions concerning
increases in natural alcoholic strength (OJ L 149, 7.6.2019, p. 53), provided that they concern
products within the scope of Section C of Chapter 2.

SECTION B
Oenological practices for phase one referred to in subparagraph 2(b) of Article 2.24
The oenological practices in the United Kingdom for phase one referred to in subparagraph 2(b) of
Article 2.24 shall comprise the following:–

Calcium alginate;–

Caramel;–L(+) tartaric acid;–

Lysozyme;–

Microcrystalline cellulose;–

Oak chips;

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19:21:13–Perlite;–Potassium alginate;–

Potassium bisulphite = potassium hydrogen sulphite;–

Potato protein; and–Yeast protein extracts.

SECTION C
Oenological practices for phase two referred to in paragraph 2 of Article 2.25
The oenological practices in the United Kingdom for phase two referred to in paragraph 2 ofArticle 2.25 shall comprise the following:–

Ammonium bisulphite;–

Calcium carbonate + double calcium salt of L(+) tartaric and L(-) malic acids;–

Chitin-glucan derived from Aspergillus;–

Dimethyldicarbonate (DMDC);–

Metatartaric acid;–

Neutral potassium tartrate;–

Neutral salt of potassium DL tartaric acid; and–Polyvinylimidazole-polyvinylpyrrolidone copolymers (PVI/PVP).

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SECTION D
Oenological practices for phase three referred to in paragraph 2 of Article 2.26
The oenological practices in the United Kingdom for phase three referred to in paragraph 2 ofArticle 2.26 shall comprise the following:–

Argon;–

Calcium phytate;–

Calcium tartrate;–

Copper sulphate;–

Kaolin (aluminium silicate);–

Malolactic fermentation activators;–

Potassium bicarbonate = potassium hydrogen carbonate = potassium acid carbonate;–

Potassium caseinate; and–Potassium ferrocyanide.

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PART 2Japan

SECTION A
Laws and regulations of Japan referred to in subparagraphs 1(a) and 2(a) of Article 2.24
The product definitions and the oenological practices authorised and restrictions applied in Japanreferred to in subparagraphs 1(a) and 2(a) of Article 2.24 are set out in the following laws andregulations:–Paragraph 1 of Article 2, subparagraph 13 of Article 3 and paragraphs 2 and 9 of Article 43 of
the Liquor Tax Law (Law No. 6 of 1953), provided that they concern products within thescope of Section C of Chapter 2;–

Paragraphs 1, 2 and 4 of Article 7 and paragraph 15 of Article 50 of the Cabinet Order for
Enforcement of the Liquor Tax Law (Cabinet Order No. 97 of 1962), provided that they
concern products within the scope of Section C of Chapter 2;–

Subparagraphs 8.2 and 8.3 of Article 13 of the Regulation for Enforcement of the Liquor Tax
Law (Ministerial Ordinance of Ministry of Finance No. 26 of 1962), provided that they
concern products within the scope of Section C of Chapter 2;–

Paragraphs 3, 5, 7 and 15 of the "general provisions" as well as paragraphs 1 to 4, 6, 7, 9 and
11 of "the definitions of fruit wine and sweet fruit wine" of Article 3 of Part II, andsubparagraph 3.6 of Article 86-6 of Chapter 1 of Part VIII of the Notification of theInterpretation of the Liquor Tax Law and Other Laws and Orders relating to the
Administration of Liquor Affairs, Etc. (Notification of National Tax Agency of 1999),
provided that they concern products within the scope of Section C of Chapter 2;

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–The Notice on determination of the items of liquor to which the materials for the preservationof liquors can be blended (Notice of National Tax Agency No. 5 of 1997), provided that itconcerns products within the scope of Section C of Chapter 2;–

The Notification of the handling of the "materials which can be blended to the liquors for thepreservation of them" (Notification of National Tax Agency of 1997), provided that itconcerns products within the scope of Section C of Chapter 2; and–Subparagraph 1.3 and the Annex table of the Notice on establishing labelling standards for
manufacturing process and quality of wine, etc. (Notice of National Tax Agency No. 18
of 2015), provided that they concern products within the scope of Section C of Chapter 2.

SECTION B
Oenological practices for phase one referred to in subparagraph 1(b) of Article 2.24
The oenological practices in Japan for phase one referred to in subparagraph 1(b) of Article 2.24
shall comprise the following:(a)Enrichment
Enrichment by sucrose, glucose and fructose (hereinafter referred to as "saccharides") may be
applied, except where the weight1 of saccharides used for enrichment exceeds the weight ofsaccharides which the original grape must contains.2

1

2

The weight of saccharides used for enrichment shall be expressed as inverted saccharides:
weight of inverted saccharides = weight of glucose + weight of fructose + weight ofsucrose x 1.05.
For the purposes of Section C of Chapter 2, both enrichment and acidification shall not beapplied to the same product as referred to in paragraph 7 of Point C of Part I of Annex VIII toRegulation (EU) No 1308/2013.

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(b) Acidification and de-acidification
Acidification or de-acidification may be applied, except where such practice is not inaccordance with Section 3.3(a) of Codex General Standard for Food Additives.1(c)Grape variety
Grapes from any varieties, including those different from vitis vinifera, can be used for the
purpose of producing Japan wine, provided that those grapes are harvested in Japan.

(d)Limits of alcoholic strength, total acidity content and volatile acidity content
The lower limit for alcoholic strength is 1 per cent (volume) as actual alcoholic strength. The
upper limit for alcoholic strength is less than 15 per cent (volume) as actual alcoholic
strength. However, it may reach up to less than 20 per cent (volume) as actual alcoholic
strength for Japan wine which has been produced without any enrichment. No limitation is
imposed with regard to total acidity and volatile acidity.

(e)Finalising practice(i)

Brandy2, sweeteners (in the form of saccharides, grape must or concentrated grape must
whose grapes have been harvested in Japan) or Japan wine may be added to Japan wine,
after fermentation, only if that Japan wine has been fermented in the container which is
aimed for direct shipping (without changing container). The weight3 of added
saccharides shall not exceed 10 per cent of the total weight of the Japan wine after
adding the above mentioned brandy, sweeteners or Japan wine.

1

2

3

For the purposes of Section C of Chapter 2, both acidification and de-acidification shall not beapplied to the same product as referred to in paragraph 7 of Point C of Part I of Annex VIII toRegulation (EU) No 1308/2013.
Brandy used for finalising practice under Section C of Chapter 2 shall be made of grapes,
including grape pomace and concentrated grape must, and only contain substances authorisedin Tables 1 and 2 of Part A of Annex I to Commission Delegated Regulation (EU) No
2019/934.
The weight of added saccharides shall be expressed as inverted saccharides: weight of
inverted saccharides = weight of glucose + weight of fructose + weight of sucrose x 1.05.

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(ii)Sweeteners in the form of grape must or concentrated grape must whose grapes havebeen harvested in Japan may be added to Japan wine, after fermentation, only if thesaccharides weight in added sweeteners in the form of grape must or concentrated grapemust does not exceed 10 per cent of the total weight of the Japan wine after adding theabove mentioned sweeteners.

(iii) Sweeteners in the form of saccharides may be added to Japan wine, after fermentation,
only if the weight1 of added saccharides does not exceed 10 per cent of the total weightof the Japan wine after adding the saccharides.

SECTION C
Oenological practices for phase two referred to in paragraph 1 of Article 2.25
The oenological practices in Japan for phase two referred to in paragraph 1 of Article 2.25 shallcomprise the following:–kaki (persimmon) tannin;–

microfibrillated cellulose;–

phytic acid;–sodium ascorbate; and–sodium caseinate.

1

The weight of added saccharides shall be expressed as inverted saccharides: weight of
inverted saccharides = weight of glucose + weight of fructose + weight of sucrose x 1.05.

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SECTION D
Oenological practices for phase three referred to in paragraph 1 of Article 2.26
The oenological practices in Japan for phase three referred to in paragraph 1 of Article 2.26 shallcomprise the following:–acid calcium phosphate (calcium dihydrogen phosphate);–acid potassium phosphate (dipotassium hydrogen phosphate and potassium dihydrogen
phosphate);–

activated acid clay;

–

agar;

–

ammonia;–ammonium phosphate (ammonium dihydrogen phosphate);–

calcium chloride;–

carrageenan;–

collagen;–erythorbic acid;–magnesium chloride;–magnesium sulfate;–phosphoric acid;

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–

potassium carbonate;–sodium alginate;–sodium bicarbonate;–sodium carbonate;–sodium chloride (salt);–

sodium erythorbate; and–wheat flour.

________________

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ANNEX 3-A

INTRODUCTORY NOTES TO PRODUCT SPECIFIC RULES OF ORIGIN

Note 1
General principles
1.

This Annex sets out the general rules for the applicable requirements of Annex 3-B provided
for in subparagraph 1(c) of Article 3.2.

2.

For the purposes of this Annex and Annex 3-B, the requirements for a product to beoriginating in accordance with subparagraph 1(c) of Article 3.2 are a change in tariffclassification, a production process, a maximum value of non-originating materials, aminimum regional value content or any other requirement specified in this Annex and Annex
3-B.

3.

Reference to weight in a product specific rule of origin means the net weight, which is theweight of a material or a product, not including the weight of packaging.

4.

This Annex, Annex 3-B and Annex 3-C are based on the Harmonized System, as amended on
1 January 2017.

Note 2The structure of Annex 3-B
1.

Notes on Sections or Chapters, where applicable, are read in conjunction with the productspecific rules of origin for the relevant Section, Chapter, heading or subheading.

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2.

Each product specific rule of origin set out in Column 2 of Annex 3-B applies to thecorresponding product identified in Column 1 of Annex 3-B.

3.

If a product is subject to alternative product specific rules of origin, the product shall be
originating if it satisfies one of the alternatives. If a product is subject to a product specificrule of origin that includes multiple requirements, the product shall be originating only if itsatisfies all of the requirements.

4.

For the purposes of this Annex and Annex 3-B:(a)"Chapter" means the first two digits in the tariff classification number under the
Harmonized System;(b)"heading" means the first four digits in the tariff classification number under the
Harmonized System;(c)"Section" means a section of the Harmonized System; and(d)"subheading" means the first six digits in the tariff classification number under the
Harmonized System.

5.

For the purposes of product specific rules of origin, the following abbreviations apply:1(a)"CC" means production from non-originating materials of any Chapter, except that ofthe product, or a change to the Chapter, heading or subheading from any other Chapter;
this means that all non-originating materials used in the production of the product must
undergo a change in tariff classification at the two-digit level (i.e. a change in Chapter)of the Harmonized System.

1

For greater certainty, if a requirement of a change in tariff classification provides for
exception for a change from certain Chapters, headings or subheadings, none of the nonoriginating materials of those Chapters, headings or subheadings may be used, individually or
jointly.
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(b)"CTH" means production from non-originating materials of any heading, except that ofthe product, or a change to the Chapter, heading or subheading from any other heading;this means that all non-originating materials used in the production of the product must
undergo a change in tariff classification at the four-digit level (i.e. a change in heading)of the Harmonized System.

(c)"CTSH" means production from non-originating materials of any subheading, exceptthat of the product, or a change to the Chapter, heading or subheading from any othersubheading; this means that all non-originating materials used in the production of the
product must undergo a change in tariff classification at the six-digit level (i.e. a change
in subheading) of the Harmonized System.

Note 3
Application of Annex 3-B
1.

Paragraph 3 of Article 3.2, concerning products having acquired originating status which areused in the production of other products, applies irrespective of whether or not this status has
been acquired inside the same factory in a Party where those products are used.

2.

If a product specific rule of origin provides that a specified non-originating material may not
be used or that the value or weight of a specified non-originating material cannot exceed a
specific threshold, those requirements do not apply to non-originating materials classified
elsewhere in the Harmonized System.

3.

If a product specific rule of origin provides that a product shall be produced from a particularmaterial, this does not prevent the use of other materials which cannot satisfy the requirement
because of their inherent nature.

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4.

For greater certainty, in respect of materials which are wholly obtained, for the purposes ofparagraph 2 of Article 3.5 and subject to paragraph 6 of that Article being met, if a productspecific rule of origin requires that a product shall be produced from materials that are wholly
obtained, the materials that are wholly obtained in the European Union shall be considered as
being wholly obtained in a Party when the materials are used in the production of the products
classified under the Chapters and headings of the Harmonized System as specified in Annex
3-C. For the purposes of this paragraph, Article 3.3 shall apply, mutatis mutandis, in order todetermine whether a material is wholly obtained in the European Union.

Note 4
Calculation of a maximum value of non-originating materials
and of a minimum regional value content
Definitions:1.

For the purposes of product specific rules of origin:(a)"customs value" means the value as determined in accordance with the Agreement on
Implementation of Article VII of the General Agreement on Tariffs and Trade 1994;(b)"EXW" means:(i)the ex-works price of the product paid or payable to the manufacturer in whose
undertaking the last working or processing is carried out, provided that the priceincludes the value of all the materials used and all other costs incurred in the
production of a product minus any internal taxes which are, or may be, repaid
when the product obtained is exported; or- 706 -

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(ii)if there is no price paid or payable or if the actual price paid does not reflect all
costs related to the production of the product which are actually incurred in the
production of a product, the value of all the materials used and all other costs
incurred in the production of the product in the exporting Party which:(A) include selling, general and administrative expenses, as well as profit, thatcan be reasonably allocated to the product; and(B)

exclude the costs of freight, insurance, all other costs incurred intransporting the product and any internal taxes of the exporting Party whichare, or may be, repaid when the product obtained is exported;(c)"FOB" means:(i)the free on board price of the product paid or payable to the seller regardless ofthe mode of shipment, provided that the price includes the value of all thematerials used and all other costs incurred in the production of a product and its
transportation to the exportation port in the Party, minus any internal taxes whichare, or may be, repaid when the product obtained is exported; or(ii)

if there is no price paid or payable or if the actual price paid does not reflect all
costs related to the production of the product which are actually incurred in the
production of a product, the value of all the materials used and all other costs
incurred in the production of the product in the exporting Party, and its
transportation to the exportation port in the Party which:(A) include selling, general and administrative expenses, as well as profit, thatcan be reasonably allocated to the product, the costs of freight andinsurance; and(B)

exclude any internal taxes of the exporting Party which are, or may be,
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(d)"MaxNOM" means the maximum value of non-originating materials expressed as apercentage;(e)"RVC" means the minimum regional value content of a product, expressed as apercentage; and(f)"VNM" means the value of non-originating materials used in the production of the
product which is its customs value at the time of importation including freight, insurance
where appropriate, packing and all other costs incurred in transporting the materials to
the importation port in the Party where the producer of the product is located. Where it is
not known and cannot be ascertained, the first ascertainable price paid for the nonoriginating materials in either Party is used.

2.

For the calculation of MaxNOM and RVC, the following formulas apply respectively:(a)
MaxNOM(%) =

VNM
× 100
EXW

and
(b)
RVC(%) =FOB − VNM
× 100
FOB

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Note 5
Definitions of processes referred to in Sections V to VII in Annex 3-B

For the purposes of product specific rules of origin:(a)"biotechnological processing" means:(i)biological or biotechnological culturing (including cell culture), hybridisation or
genetic modification of micro-organisms (bacteria, viruses (including phages)etc.) or human, animal or plant cells; and(ii)

production, isolation or purification of cellular or intercellular structures (such as
isolated genes, gene fragments and plasmids), or fermentation;(b)"change in particle size" means the deliberate and controlled modification in particle
size of a product, other than by merely crushing or pressing, resulting in a product witha defined particle size, defined particle size distribution or defined surface area, which isrelevant to the purposes of the resulting product and with physical or chemical
characteristics different from those of the input materials;(c)"chemical reaction" means a process (including a biochemical processing) which results
in a molecule with a new structure by breaking intramolecular bonds and by forming
new intramolecular bonds, or by altering the spatial arrangement of atoms in amolecule, with the exception of the following which are not considered to be chemical
reactions for the purposes of this definition:(i)dissolving in water or other solvents;(ii)

the elimination of solvents including solvent water; or(iii) the addition or elimination of water of crystallisation;- 709 -

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(d)"distillation" means:(i)

atmospheric distillation: a separation process in which petroleum oils areconverted, in a distillation tower, into fractions according to boiling point and thevapour then condensed into different liquefied fractions; products produced frompetroleum distillation may include liquefied petroleum gas, naphtha, gasoline,
kerosene, diesel or heating oil, light gas oils and lubricating oil; and(ii)vacuum distillation: distillation at a pressure below atmospheric but not so lowthat it would be classed as molecular distillation; vacuum distillation is used for
distilling high-boiling and heat-sensitive materials such as heavy distillates inpetroleum oils to produce light to heavy vacuum gas oils and residuum;(e)"isomer separation" means the isolation or separation of isomers from a mixture ofisomers;(f)"mixing and blending" means the deliberate and proportionally controlled mixing or
blending (including dispersing) of materials, other than the addition of diluents, only toconform to predetermined specifications which results in the production of a producthaving physical or chemical characteristics that are relevant to the purposes or uses ofthe product and are different from the input materials;(g)"production of standard materials" (including standard solutions) means a production ofa preparation suitable for analytical, calibrating or referencing uses with precise degrees
of purity or proportions certified by the manufacturer; and(h)"purification" means a process which results in the elimination of at least 80 per cent of
the content of existing impurities.

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Note 6
Definitions of terms used in Section XI of Annex 3-B
For the purposes of product specific rules of origin:(a)"man-made staple fibres" means synthetic or artificial filament tow, staple fibres orwaste, of headings 55.01 to 55.07;(b)"natural fibres" means fibres other than synthetic or artificial fibres. Their use, including
the use of waste, is restricted to the stages before spinning takes place and, unlessotherwise specified, includes fibres which have been carded, combed or otherwise
processed, but not spun; "natural fibres" includes horsehair of heading 05.11, silk ofheadings 50.02 and 50.03, wool-fibres and fine or coarse animal hair of headings 51.01
to 51.05, cotton fibres of headings 52.01 to 52.03, and other vegetable fibres ofheadings 53.01 to 53.05;(c)"printing" means a technique by which an objectively assessed function, such as colour,
design, or technical performance, is given to a textile substrate with a permanent
character, using screen, roller, digital or transfer techniques; and(d)"printing (as standalone operation)" means a technique by which an objectively assessed
function, such as colour, design, or technical performance, is given to a textile substratewith a permanent character, using screen, roller, digital or transfer techniques combinedwith at least two preparatory or finishing operations (such as scouring, bleaching,mercerizing, heat setting, raising, calendaring, shrink resistance processing, permanentfinishing, decatising, impregnating, mending and burling, shearing, singeing, process of
air-tumbler, process of stenter, milling, steam and shrinking, and wet decatising),
provided that the value of all the non-originating materials used does not exceed 50 per
cent of the EXW or 45 per cent of the FOB of the product.

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Note 7
Tolerances applicable to products containing two or more basic textile materials
1.

For the purposes of this Note, basic textile materials are the following:
(a)

silk;

(b)

wool;

(c)

coarse animal hair;(d)fine animal hair;(e)horsehair;(f)cotton;(g)

paper-making materials and paper;

(h)

flax;

(i)

true hemp;(j)jute and other textile bast fibres;(k)sisal and other textile fibres of the genus Agave;(l)coconut, abaca, ramie and other vegetable textile fibres;(m) synthetic man-made filaments;(n)

artificial man-made filaments;- 712 -

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(o)current-conducting filaments;(p)synthetic man-made staple fibres of polypropylene;(q)synthetic man-made staple fibres of polyester;(r)

synthetic man-made staple fibres of polyamide;(s)synthetic man-made staple fibres of polyacrylonitrile;(t)synthetic man-made staple fibres of polyimide;(u)synthetic man-made staple fibres of polytetrafluoroethylene;(v)

synthetic man-made staple fibres of poly (phenylene sulphide);(w) synthetic man-made staple fibres of poly (vinyl chloride);(x)other synthetic man-made staple fibres;(y)artificial man-made staple fibres of viscose;(z)other artificial man-made staple fibres;(aa) yarn made of polyurethane segmented with flexible segments of polyether, whether or
not gimped;(bb) yarn made of polyurethane segmented with flexible segments of polyester, whether or notgimped;(cc) products of heading 56.05 (metallised yarn) incorporating strip consisting of a core ofaluminium foil or of a core of plastic film irrespective of whether or not coated withaluminium powder, of a width not exceeding five mm, sandwiched by means of atransparent or coloured adhesive between two layers of plastic film;- 713 -

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(dd) other products of heading 56.05;(ee) glass fibres; and(ff)
2.

metal fibres.

Where reference to this Note is made in Annex 3-B, the requirements set out in its Column 2shall not apply, as a tolerance, to non-originating basic textile materials which are used in the
production of a product, provided that:(a)the product contains two or more basic textile materials; and(b)the total weight of the non-originating basic textile materials does not exceed 10 per
cent of the weight of all the basic textile materials used.

For example:
For a woollen fabric of heading 51.12 containing woollen yarn of heading 51.07, synthetic
yarn of staple fibres of heading 55.09 and materials other than basic textile materials, nonoriginating woollen yarn which does not satisfy the requirement set out in Column 2 of Annex
3-B, or non-originating synthetic yarn which does not satisfy the requirement set out inColumn 2 of Annex 3-B, or a combination of both, may be used, provided that their total
weight does not exceed 10 per cent of the weight of all the basic textile materials.
3.

Notwithstanding subparagraph 2(b), for products containing "yarn made of polyurethane
segmented with flexible segments of polyether, whether or not gimped", the maximum
tolerance is 20 per cent. However, the percentage of the other non-originating basic textile
materials shall not exceed 10 per cent.

4.

Notwithstanding subparagraph 2(b), for products containing "strip consisting of a core ofaluminium foil or of a core of plastic film irrespective of whether or not coated withaluminium powder, of a width not exceeding five mm, sandwiched by means of a transparent
or coloured adhesive between two layers of plastic film", the maximum tolerance is 30 per
cent. However, the percentage of the other non-originating basic textile materials shall not
exceed 10 per cent.
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5.

For a product of headings 51.06 to 51.10 and 52.04 to 52.07, non-originating man-made fibres
may be used in the process of spinning of natural fibres, provided that their total weight does
not exceed 40 per cent of the weight of the product.

Note 8Other tolerances applicable to certain textile products
1.

Where reference to this Note is made in Annex 3-B, non-originating textile materials (with the
exception of linings and interlinings) which do not satisfy the requirements set out in its
Column 2 for a made-up textile product may be used, provided that they are classified under aheading other than that of the product and that their total value does not exceed eight per centof the EXW or FOB of the product.

2.

For the purposes of determining whether a product classified under Chapters 61 to 63 is
originating, the product specific rule of origin set out in Column 2 of Annex 3-B that is
applicable to that product shall apply only to the component that determines the tariffclassification of the product and such component must satisfy the requirements of the
production process or the change in tariff classification set out in the product specific rule oforigin for that product.

3.

Where a requirement set out in Column 2 of Annex 3-B consists in a maximum value of nonoriginating materials, the value of the non-originating materials which are not classified under
Chapters 50 to 63 shall be taken into account in the calculation of the value of the nonoriginating materials.

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ANNEX 3-B

PRODUCT SPECIFIC RULES OF ORIGIN
Column 1
Harmonized Systemclassification (2017)
including specificdescription

Column 2
Product specific rule of origin

SECTION I

LIVE ANIMALS; ANIMAL PRODUCTS

Chapter 1

Live animals

01.01-01.06

All animals of Chapter 1 are wholly obtained.

Chapter 2

Meat and edible meat offal

02.01-02.10

Production in which all the materials of Chapters 1 and 2 used are wholly
obtained.

Chapter 3

Fish and crustaceans, molluscs and other aquatic invertebrates- Atlantic Bluefin
tuna (Thunnus
thynnus)All Atlantic Bluefin tuna (Thunnus thynnus) is wholly obtained; orProduction in which Atlantic Bluefin tuna (Thunnus thynnus) is subject tocaging in farms with subsequent feeding and fattening or farming for aminimum period of three months in a Party. The duration of the fattening or
farming shall be established according to the date of the caging operationand the date of harvesting recorded in the electronic Bluefin tuna Catch
Document (eBCD) of the International Commission for the Conservation ofAtlantic Tunas (ICCAT).

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including specificdescription

Column 2
Product specific rule of origin- Others

All fish and crustaceans, molluscs and other aquatic invertebrates arewholly obtained.

Chapter 4

Dairy produce; birds' eggs; natural honey; edible products of animal origin,not elsewhere specified or included

04.01-04.10

Production in which all the materials of Chapter 4 used are wholly
obtained.

Chapter 5

Products of animal origin, not elsewhere specified or included

05.01-05.11

CTH

SECTION II

VEGETABLE PRODUCTS

Chapter 6

Live trees and other plants; bulbs, roots and the like; cut flowers andornamental foliage

06.01-06.04

Production in which all the materials of Chapter 6 used are wholly
obtained.

Chapter 7

Edible vegetables and certain roots and tubers

07.01-07.14

Production in which all the materials of Chapter 7 used are wholly
obtained.

Chapter 8

Edible fruit and nuts; peel of citrus fruit or melons

08.01-08.14

Production in which all the materials of Chapter 8 used are wholly
obtained.

Chapter 9

Coffee, tea, maté and spices

09.01

CTSH; or
Blending.

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including specificdescription

Column 2
Product specific rule of origin

0902.10-0902.20

Production in which all the materials of subheadings 0902.10 and 0902.20
used are wholly obtained.

0902.30-0903.00

CTSH; or
Blending.

09.04-09.10

CTSH; or
Blending, crushing or grinding.

Chapter 10

Cereals

10.01-10.08

Production in which all the materials of Chapter 10 used are wholly
obtained.

Chapter 11

Products of the milling industry; malt; starches; inulin; wheat gluten

11.01

CC

11.02-11.03

Production in which all the materials of Chapters 10 and 11, headings
07.01, 07.13, 07.14 and 23.03, subheading 0710.10 and dried potatoes ofsubheading 0712.90 used are wholly obtained.

11.04

CC

11.05-11.09

Production in which all the materials of Chapters 10 and 11, headings
07.01, 07.13, 07.14 and 23.03, subheading 0710.10 and dried potatoes ofsubheading 0712.90 used are wholly obtained.

Chapter 12

Oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit;industrial or medicinal plants; straw and fodder

12.01

CTH

12.02-12.14

CTH except from heading 12.01.

Chapter 13

Lac; gums, resins and other vegetable saps and extracts

1301.20-1302.19

CTH

1302.20

CTSH; however, non-originating pectic substances may be used.

1302.31

CTH

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including specificdescription

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Product specific rule of origin

1302.32

CTSH; however, non-originating mucilages and thickeners derived fromlocust beans may be used.

1302.39

CTH

Chapter 14

Vegetable plaiting materials; vegetable products not elsewhere specified or
included

14.01-14.04

Production in which all the materials of Chapter 14 used are wholly
obtained.

SECTION III

ANIMAL OR VEGETABLE FATS AND OILS AND THEIRCLEAVAGE PRODUCTS; PREPARED EDIBLE FATS; ANIMAL OR
VEGETABLE WAXES

Chapter 15

Animal or vegetable fats and oils and their cleavage products; preparededible fats; animal or vegetable waxes

15.01-15.06

CTH

15.07

Production in which all the materials of headings 12.01 and 15.07 used arewholly obtained.

15.08

CTH

15.09-15.10

Production in which all the vegetable materials used are wholly obtained.

15.11-15.13

CTH

15.14
- Rape or Colza oil
and fractions
thereof- Mustard oil andfractions thereof

Production in which all the materials of headings 12.05 and 15.14 used arewholly obtained.
CTH

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including specificdescription

Column 2
Product specific rule of origin

15.15- Rice bran oil and its
fractions

Production in which all the materials of headings 10.06 and 15.15 used arewholly obtained.

- Others

CTH

1516.10-1517.10

CTH

1517.90- Mixed vegetableoils not further
processed

CC- Others

CTH

15.18-15.22

CTH

SECTION IV

PREPARED FOODSTUFFS; BEVERAGES, SPIRITS AND VINEGAR;TOBACCO AND MANUFACTURED TOBACCO SUBSTITUTES

Chapter 16

Preparations of meat, of fish or of crustaceans, molluscs or other aquatic
invertebrates

16.01

Production in which all the materials of Chapters 2, 3 and 16 and heading
10.06 used are wholly obtained.

1602.10-1602.31

CC

1602.32

CC except from Chapter 2;
MaxNOM 60 % (EXW); or
RVC 45 % (FOB).

1602.39CC

1602.41-1602.50

CC except from Chapter 2;
MaxNOM 60 % (EXW); or
RVC 45 % (FOB).

1602.90CC

16.03

Production in which all the materials of Chapters 2, 3 and 16 used arewholly obtained.

16.04-16.05

Production in which all the materials of Chapters 2, 3 and 16 and heading
10.06 used are wholly obtained.

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including specificdescription

Column 2
Product specific rule of origin

Chapter 17

Sugars and sugar confectionery

17.01

CTH

17.02

CTH, provided that:- the weight of non-originating materials of heading 04.04 used does notexceed 10 % of the weight of the product;- the total weight of non-originating materials of headings 11.01 to 11.08
used does not exceed 10 % of the weight of the product; and- the total weight of non-originating materials of headings 17.01 and 17.03
used does not exceed 20 % of the weight of the product.

17.03-17.04

CTH

Chapter 18

Cocoa and cocoa preparations

18.01-18.05

CTH

18.06

CTH, provided that:- the total weight of non-originating materials of Chapter 4 and heading
19.01 used does not exceed 10 % of the weight of the product; and- the total weight of non-originating materials of headings 17.01 and 17.02
used does not exceed 30 % of the weight of the product.

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including specificdescription
Chapter 19

Column 2
Product specific rule of origin

Preparations of cereals, flour, starch or milk; pastrycooks' products

1901.10- Containing morethan 10 % by dry
weight of milk solids

CC except from headings 04.01 to 04.06.

- OthersCC

1901.20- A product containing CC except from headings 04.01 to 04.06, provided that the value of nonmore than 25 % by dry originating rice flour of subheading 1102.90 used does not exceed 35 % ofweight of butterfat, not the EXW or 30 % of the FOB of the product.
put up for retail sale,and containing morethan 30 % by dry
weight of rice flour- A product containing CC except from headings 04.01 to 04.06.
more than 25 % by dry
weight of butterfat, notput up for retail sale,and containing notmore than 30 % by dry
weight of rice flour- A product containing CC, provided that the value of non-originating rice flour of subheading
more than 30 % by dry 1102.90 used does not exceed 35 % of the EXW or 30 % of the FOB ofweight of rice flour,
the product.
except for a productcontaining more than
25 % by dry weight ofbutterfat, not put up
for retail sale
- OthersCC

1901.90- Containing morethan 10 % by dry
weight of milk solids,
and more than 30 %by dry weight of riceflour

CC except from headings 04.01 to 04.06, provided that the value of nonoriginating rice flour of subheading 1102.90 used does not exceed 35 % of
the EXW or 30 % of the FOB of the product.

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Column 2

Column 1
Harmonized Systemclassification (2017)
including specificdescription

Product specific rule of origin- Containing moreCC except from headings 04.01 to 04.06.
than 10 % by dry
weight of milk solids,
and not more than
30 % by dry weight ofrice flour- Containing moreCC, provided that the value of non-originating rice flour of subheading
than 30 % by dry
1102.90 used does not exceed 35 % of the EXW or 30 % of the FOB ofweight of rice flour,
the product.
and not more than
10 % by dry weight ofmilk solids- Others

CC

19.02

CC

19.03

CC, provided that the total weight of non-originating materials of headings
10.06 and 11.01 to 11.08 used does not exceed 10 % of the weight of the
product.

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including specificdescription

Column 2
Product specific rule of origin

19.04

CC

19.05

CTH

Chapter 20

Preparations of vegetables, fruit, nuts or other parts of plants

20.01

CC

20.02-20.03

Production in which all the materials of Chapter 7 used are wholly
obtained.

20.04-20.08

CTH, provided that beans (Vigna spp., Phaseolus spp.), peas (Pisum
sativum), pineapples, oranges, potatoes and asparagus used are wholly
obtained.

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including specificdescription

Column 2
Product specific rule of origin

20.09

CTH, provided that pineapples, oranges, tomatoes, apples and grapes used
are wholly obtained.

Chapter 21

Miscellaneous edible preparations

2101.11-2101.20

CC

2101.30- Roasted barley tea

CC except from heading 10.03.

- Others

CC2102.10-2103.10

CTH

2103.20

CC except from headings 07.02 and 20.02.

2103.30

CTSH; however, non-originating mustard flour may be used.

2103.90

CTSH

21.04

CTH

21.05

CTH, provided that:- the total weight of non-originating materials of Chapter 4 and heading
19.01 used does not exceed 10 % of the weight of the product; and- the total weight of non-originating materials of headings 17.01 and 17.02
used does not exceed 20 % of the weight of the product.

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including specificdescription
21.06

Column 2
Product specific rule of origin

CTH, provided that:- the materials of Konnyaku of subheading 1212.99 used are wholly
obtained;- the total weight of non-originating materials of Chapter 4 and heading
19.01 used does not exceed 10 % of the weight of the product;- the weight of non-originating materials of heading 10.01 used does notexceed 30 % of the weight of the product;- the weight of non-originating materials of heading 10.03 used does notexceed 10 % of the weight of the product;- the weight of non-originating materials of heading 10.06 used does notexceed 10 % of the weight of the product; and- the total weight of non-originating materials of headings 17.01 and 17.02
used does not exceed 30 % of the weight of the product.

Chapter 22

Beverages, spirits and vinegar

22.01

CTH

22.02

CTH, provided that:- the total weight of non-originating materials of Chapter 4 and heading
19.01 used does not exceed 10 % of the weight of the product; and- the total weight of non-originating materials of headings 17.01 and 17.02
used does not exceed 40 % of the weight of the product.

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including specificdescription
22.03-22.08

Column 2
Product specific rule of origin

CTH except from headings 22.07 and 22.08, provided that:- all the materials of subheadings 0806.10, 2009.61 and 2009.69 used arewholly obtained;- the weight of non-originating materials of Chapter 4 used does not exceed
40 % of the weight of the product; and- the total weight of non-originating materials of headings 17.01 and 17.02
used does not exceed 40 % of the weight of the product.

22.09

CTH except from headings 22.07 and 22.08, provided that all the materialsof heading 10.06 and subheadings 0806.10, 2009.61 and 2009.69 used arewholly obtained.

Chapter 23

Residues and waste from the food industries; prepared animal fodder

23.01

CTH

23.02-23.03

CTH, provided that the weight of non-originating materials of Chapter 10
used does not exceed 20 % of the weight of the product.

23.04-23.08

CTH

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including specificdescription
2309.10

Column 2
Product specific rule of origin

CTH

2309.90
CTH except from headings 04.01 to 04.06 or dairy preparations of- A product of asubheading 1901.90 containing more than 10 % by dry weight of milk
preparation used insolids, provided that the value of non-originating materials of heading
animal feeding
containing more than 10.06 used does not exceed 35 % of the EXW or 30 % of the FOB of the
10 % by dry weight of product.
milk solids, and of apreparation other thanpet food containing
more than 30 % by dry
weight of rice
CTH except from headings 04.01 to 04.06 or dairy preparations of- A product of asubheading 1901.90 containing more than 10 % by dry weight of milk
preparation used insolids.
animal feeding
containing more than
10 % by dry weight ofmilk solids, and not ofa preparation otherthan pet foodcontaining more than
30 % by dry weight ofrice
CTH, provided that the value of non-originating materials of heading- A product of apreparation other than 10.06 used does not exceed 35 % of the EXW or 30 % of the FOB of the
product.
pet food containing
more than 30 % by dry
weight of rice, and notof a preparation usedin animal feeding
containing more than
10 % by dry weight ofmilk solids- Others

CTH

Chapter 24

Tobacco and manufactured tobacco substitutes

24.01

CC

2402.10

CTH, provided that the weight of non-originating materials of Chapter 24
used does not exceed 30 % of the weight of the product.

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Column 1
Harmonized Systemclassification (2017)
including specificdescription
2402.20-2403.99

CTH;
MaxNOM 35 % (EXW); or
RVC 70 % (FOB).

SECTION V

MINERAL PRODUCTS
Section note: For definitions of horizontal processing rules within thisSection, see Note 5 of Annex 3-A.

Chapter 25

Salt; sulphur; earths and stone; plastering materials, lime and cement

25.01

CTH

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including specificdescription
25.02-25.30

Column 2
Product specific rule of origin

CTH;
MaxNOM 70 % (EXW); or
RVC 35 % (FOB).

Chapter 26

Ores, slag and ash

26.01-26.21

CTH

Chapter 27

Mineral fuels, mineral oils and products of their distillation; bituminous
substances; mineral waxes

27.01-27.09

CTH;
A chemical reaction or mixing and blending is undergone;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

27.10

CTH except from biodiesel of subheadings 3824.99 and 3826.00; orDistillation or a chemical reaction is undergone, provided that biodiesel(including hydrotreated vegetable oil) of heading 27.10 and subheadings
3824.99 and 3826.00 used is obtained by esterification, transesterificationor hydrotreatment.

27.11

CTSH; orA chemical reaction is undergone.

27.12-27.15

CTH;
A chemical reaction or mixing and blending is undergone;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

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including specificdescription
SECTION VI

Column 2
Product specific rule of origin

PRODUCTS OF THE CHEMICAL OR ALLIED INDUSTRIES
Section note: For definitions of horizontal processing rules within thisSection, see Note 5 of Annex 3-A.

Chapter 28

Inorganic chemicals; organic or inorganic compounds of precious metals,of rare-earth metals, of radioactive elements or of isotopes

28.01-28.53

CTSH;
A chemical reaction, purification, production of standard materials or
isomer separation is undergone;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

Chapter 29

Organic chemicals

2901.10-2905.42

CTSH;
A chemical reaction, purification, a change in particle size, production ofstandard materials, isomer separation or biotechnological processing isundergone;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

2905.43-2905.44

CTH except from heading 17.02 and subheading 3824.60.

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including specificdescription

Column 2
Product specific rule of origin

CTH; however, non-originating materials of subheading 2905.45 may be
used, provided that their total value does not exceed 20 % of the EXW or
15 % of the FOB of the product;

2905.45

MaxNOM 50 % (EXW); or
RVC 55 % (FOB).
2905.49-2905.59

CTSH;
A chemical reaction, purification, a change in particle size, production ofstandard materials, isomer separation or biotechnological processing isundergone;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

2906.11

CTSH

2906.12-2918.13

CTSH;
A chemical reaction, purification, a change in particle size, production ofstandard materials, isomer separation or biotechnological processing isundergone;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

2918.14-2918.15

CTSH

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including specificdescription
2918.16-2922.41

Column 2
Product specific rule of origin

CTSH;
A chemical reaction, purification, a change in particle size, production ofstandard materials, isomer separation or biotechnological processing isundergone;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

2922.42

CTSH

2922.43-2923.10

CTSH;
A chemical reaction, purification, a change in particle size, production ofstandard materials, isomer separation or biotechnological processing isundergone;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

2923.20CTSH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

2923.30-2924.24

CTSH;
A chemical reaction, purification, a change in particle size, production ofstandard materials, isomer separation or biotechnological processing isundergone;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

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including specificdescription
2924.25-2924.29

Column 2
Product specific rule of origin

CTSH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

2925.11-2938.10

CTSH;
A chemical reaction, purification, a change in particle size, production ofstandard materials, isomer separation or biotechnological processing isundergone;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

2938.90

CTSH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

29.39

CTSH;
A chemical reaction, purification, a change in particle size, production ofstandard materials, isomer separation or biotechnological processing isundergone;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

29.40

CTSH

29.41-29.42

CTSH;
A chemical reaction, purification, a change in particle size, production ofstandard materials, isomer separation or biotechnological processing isundergone;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

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including specificdescription

Column 2
Product specific rule of origin

Chapter 30

Pharmaceutical products

30.01-30.06

CTSH;
A chemical reaction, purification, mixing and blending, production ofstandard materials, a change in particle size, isomer separation orbiotechnological processing is undergone;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

Chapter 31

Fertilisers

31.01-31.04

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

31.05- Sodium nitrate

CTH;- Calcium cyanamide

MaxNOM 50 % (EXW); or- Potassium sulphate

RVC 55 % (FOB).

- Magnesium
potassium sulphate
CTH and MaxNOM 50 % (EXW); or CTH and RVC 55 % (FOB);
however, non-originating materials of heading 31.05 may be used, provided
that their total value does not exceed 20 % of the EXW or 15 % of the FOBof the product;- Others

MaxNOM 40 % (EXW); or
RVC 65 % (FOB).

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including specificdescription

Column 2
Product specific rule of origin

Chapter 32

Tanning or dyeing extracts; tannins and their derivatives; dyes, pigments
and other colouring matter; paints and varnishes; putty and other mastics;
inks

32.01-32.05

CTSH;
A chemical reaction, purification, mixing and blending, a change in particle
size, production of standard materials, isomer separation orbiotechnological processing is undergone;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

3206.11-3206.19

CTH; however, non-originating materials of heading 32.06 may be used,provided that their total value does not exceed 20 % of the EXW or 15 % of
the FOB of the product;
MaxNOM 40 % (EXW); or
RVC 65 % (FOB).

3206.20-3215.90

CTSH;
A chemical reaction, purification, mixing and blending, a change in particle
size, production of standard materials, isomer separation orbiotechnological processing is undergone;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

Chapter 33

Essential oils and resinoids; perfumery, cosmetic or toilet preparations

3301.12-3302.10

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

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including specificdescription
3302.90-3303.00

Column 2
Product specific rule of origin

CTSH;
A chemical reaction, purification, mixing and blending, production ofstandard materials, isomer separation or biotechnological processing isundergone;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

33.04

CTSH;
A chemical reaction, purification, mixing and blending, a change in particle
size, production of standard materials, isomer separation orbiotechnological processing is undergone;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

33.05-33.07

CTSH;
A chemical reaction, purification, production of standard materials, isomer
separation or biotechnological processing is undergone;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).
Soap, organic surface-active agents, washing preparations, lubricating
preparations, artificial waxes, prepared waxes, polishing or scouring
preparations, candles and similar articles, modelling pastes, "dental waxes"
and dental preparations with a basis of plaster

Chapter 34

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including specificdescription
34.01-34.07

Column 2
Product specific rule of origin

CTSH;
A chemical reaction, purification, production of standard materials or
isomer separation is undergone;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

Chapter 35

Albuminoidal substances; modified starches; glues; enzymes

35.01

CTH

3502.11-3502.19

CTH except from headings 04.07 and 04.08.

3502.20-3504.00

CTH

35.05

CC except from heading 11.08.

35.06-35.07

CTSH;
A chemical reaction, purification, production of standard materials, isomer
separation or biotechnological processing is undergone;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

Chapter 36

Explosives; pyrotechnic products; matches; pyrophoric alloys; certain
combustible preparations

36.01-36.06

CTSH;
A chemical reaction, production of standard materials or isomer separationis undergone;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

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Chapter 37

Photographic or cinematographic goods

37.01-37.07

CTSH;
A chemical reaction, production of standard materials or isomer separationis undergone;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

Chapter 38

Miscellaneous chemical products

38.01-38.08

CTSH;
A chemical reaction, purification, production of standard materials, isomer
separation or biotechnological processing is undergone;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

3809.10

CTH except from headings 11.08 and 35.05.

3809.91-3822.00

CTSH;
A chemical reaction, purification, production of standard materials, isomer
separation or biotechnological processing is undergone;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

38.23

CTSH

3824.10-3824.50

CTSH;
A chemical reaction, purification, production of standard materials, isomer
separation or biotechnological processing is undergone;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

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Product specific rule of origin

3824.60

CTH except from heading 17.02 and subheadings 2905.43 and 2905.44.

3824.71-3824.91

CTSH;
A chemical reaction, purification, production of standard materials, isomer
separation or biotechnological processing is undergone;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

3824.99- Biodiesel

Production in which biodiesel is obtained through transesterification,esterification or hydro-treatment.

- Others

CTSH;
A chemical reaction, purification, production of standard materials, isomer
separation or biotechnological processing is undergone;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

38.25

CTSH;
A chemical reaction, purification, production of standard materials, isomer
separation or biotechnological processing is undergone;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).
Production in which biodiesel is obtained through transesterification,esterification or hydro-treatment.

38.26

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SECTION VII

Column 2
Product specific rule of origin

PLASTICS AND ARTICLES THEREOF; RUBBER AND ARTICLESTHEREOF
Section note: For definitions of horizontal processing rules within thisSection, see Note 5 of Annex 3-A.

Chapter 39

Plastics and articles thereof

39.01-39.03

CTSH;
A chemical reaction is undergone;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

39.04-39.06

CTSH;
A chemical reaction or biotechnological processing is undergone;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

39.07-39.08

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

39.09-39.10

CTSH;
A chemical reaction or biotechnological processing is undergone;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

39.11

CTSH;
A chemical reaction is undergone;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

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including specificdescription
39.12-39.15

Column 2
Product specific rule of origin

CTSH;
A chemical reaction or biotechnological processing is undergone;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

39.16-39.26

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

Chapter 40

Rubber and articles thereof

40.01-40.11

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

4012.11-4012.19

CTSH;
Retreading of used tyres;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

4012.20-4017.00

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

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SECTION VIII

RAW HIDES AND SKINS, LEATHER, FURSKINS AND ARTICLESTHEREOF; SADDLERY AND HARNESS; TRAVEL GOODS,HANDBAGS AND SIMILAR CONTAINERS; ARTICLES OFANIMAL GUT (OTHER THAN SILK-WORM GUT)

Chapter 41

Raw hides and skins (other than furskins) and leather

41.01-41.03

CC

4104.11-4104.19

CTH

4104.41-4104.49

CTSH except from subheadings 4104.41 to 4104.49.

4105.10CTH

4105.30

CTSH

4106.21CTH

4106.22CTSH

4106.31CTH

4106.32

CTSH

4106.40- A product in the wet CTH
state- A product in the dry
state

CTH; or4106.91CTH

4106.92

CTSH

Production from non-originating materials in the wet state.

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41.07-41.13

CTH; however, non-originating materials of subheadings 4104.41, 4104.49,
4105.30, 4106.22, 4106.32 and 4106.92 may be used, provided that a
re-tanning operation of the tanned or crust hides and skins in the dry statetakes place.

41.14-41.15

CTH

Chapter 42

Articles of leather; saddlery and harness; travel goods, handbags andsimilar containers; articles of animal gut (other than silk-worm gut)

42.01-42.06

CC;
CTH and MaxNOM 45 % (EXW); or
CTH and RVC 60 % (FOB).

Chapter 43

Furskins and artificial fur; manufactures thereof

43.01

CC

43.02-43.04

CTH

SECTION IX

WOOD AND ARTICLES OF WOOD; WOOD CHARCOAL; CORK
AND ARTICLES OF CORK; MANUFACTURES OF STRAW, OF
ESPARTO OR OF OTHER PLAITING MATERIALS; BASKETWARE
AND WICKERWORK

Chapter 44

Wood and articles of wood; wood charcoal

44.01-44.21

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

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Product specific rule of origin

Chapter 45

Cork and articles of cork

45.01-45.04

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

Chapter 46

Manufactures of straw, of esparto or of other plaiting materials; basketware
and wickerwork

4601.21-4601.22

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

4601.29

CC except from Chapter 14.

4601.92-4601.93

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

4601.94

CC except from Chapter 14.

4601.99-4602.12

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

4602.19

CC except from Chapter 14.

4602.90

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

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SECTION X

PULP OF WOOD OR OF OTHER FIBROUS CELLULOSICMATERIAL; RECOVERED (WASTE AND SCRAP) PAPER OR
PAPERBOARD; PAPER AND PAPERBOARD AND ARTICLESTHEREOF

Chapter 47

Pulp of wood or of other fibrous cellulosic material; recovered (waste andscrap) paper or paperboard

47.01-47.07

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

Chapter 48

Paper and paperboard; articles of paper pulp, of paper or of paperboard

48.01-48.23

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

Chapter 49

Printed books, newspapers, pictures and other products of the printing
industry; manuscripts, typescripts and plans

49.01-49.11

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

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SECTION XI

Column 2
Product specific rule of origin

TEXTILES AND TEXTILE ARTICLESSection note: For definitions of terms used for and tolerances applicable tocertain products made of textile materials, see Notes 6, 7 and 8 ofAnnex 3-A.

Chapter 50

Silk

50.01

CTH

50.02

CTH except from heading 50.01.

50.03- Carded or combed

Carding or combing of silk waste.

- Others

CTH

50.04-50.05

Spinning of natural fibres;
Extrusion of man-made continuous filament combined with spinning;
Extrusion of man-made continuous filament combined with twisting; orTwisting combined with any mechanical operation.

50.06- Silk yarn and yarn
spun from silk waste

Spinning of natural fibres;
Extrusion of man-made continuous filament combined with spinning;
Extrusion of man-made continuous filament combined with twisting; orTwisting combined with any mechanical operation.

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Product specific rule of origin- Silk-worm gut

CTH

50.07

Spinning of natural or man-made staple fibres combined with weaving;
Extrusion of man-made filament yarn combined with weaving;
Twisting or any mechanical operation combined with weaving;
Weaving combined with dyeing;
Yarn dyeing combined with weaving;
Weaving combined with printing; orPrinting (as standalone operation).

Chapter 51

Wool, fine or coarse animal hair; horsehair yarn and woven fabric

51.01-51.05

CTH

51.06-51.10

Spinning of natural fibres;
Extrusion of man-made fibres combined with spinning; orTwisting combined with any mechanical operation.

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51.11-51.13

Column 2
Product specific rule of origin

Spinning of natural or man-made staple fibres combined with weaving;
Extrusion of man-made filament yarn combined with weaving;
Weaving combined with dyeing;
Yarn dyeing combined with weaving;
Weaving combined with printing; orPrinting (as standalone operation).

Chapter 52

Cotton52.01-52.03

CTH

52.04-52.07

Spinning of natural fibres;
Extrusion of man-made fibres combined with spinning; orTwisting combined with any mechanical operation.

52.08-52.12

Spinning of natural or man-made staple fibres combined with weaving;
Extrusion of man-made filament yarn combined with weaving;
Twisting or any mechanical operation combined with weaving;
Weaving combined with dyeing, with coating or with laminating;Yarn dyeing combined with weaving;
Weaving combined with printing; orPrinting (as standalone operation).

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Chapter 53

Other vegetable textile fibres; paper yarn and woven fabrics of paper yarn

53.01-53.05

CTH

53.06-53.08

Spinning of natural fibres;
Extrusion of man-made fibres combined with spinning; orTwisting combined with any mechanical operation.

53.09-53.11

Spinning of natural or man-made staple fibres combined with weaving;
Extrusion of man-made filament yarn combined with weaving;
Weaving combined with dyeing, with coating or with laminating;Yarn dyeing combined with weaving;
Weaving combined with printing; orChapter 54

Printing (as standalone operation).
Man-made filaments; strip and the like of man-made textile materials

54.01-54.06

Spinning of natural fibres;
Extrusion of man-made fibres combined with spinning; orTwisting combined with any mechanical operation.

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54.07-54.08

Column 2
Product specific rule of origin

Spinning of natural or man-made staple fibres combined with weaving;
Extrusion of man-made filament yarn combined with weaving;
Yarn dyeing combined with weaving;
Weaving combined with dyeing, with coating or with laminating;
Twisting or any mechanical operation combined with weaving;
Weaving combined with printing; orPrinting (as standalone operation).

Chapter 55

Man-made staple fibres

55.01-55.07

Extrusion of man-made fibres.

55.08-55.11

Spinning of natural fibres;
Extrusion of man-made fibres combined with spinning; orTwisting combined with any mechanical operation.

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55.12-55.16

Column 2
Product specific rule of origin

Spinning of natural or man-made staple fibres combined with weaving;
Extrusion of man-made filament yarn combined with weaving;
Twisting or any mechanical operation combined with weaving;
Weaving combined with dyeing, with coating or with laminating;Yarn dyeing combined with weaving;
Weaving combined with printing; orChapter 56

Printing (as standalone operation).
Wadding, felt and nonwovens; special yarns; twine, cordage, ropes andcables and articles thereof

56.01

Spinning of natural fibres;
Extrusion of man-made fibres combined with spinning;
Flocking combined with dyeing or with printing; orCoating, flocking, laminating or metalising combined with at least twoother main preparatory or finishing operations (such as calendering,
shrink-resistance processes, heat setting, permanent finishing), provided
that the value of non-originating materials used does not exceed 50 % of
the EXW or 45 % of the FOB of the product.

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56.02- Needleloom felt

Extrusion of man-made fibres combined with fabric formation; however:- non-originating polypropylene filament of heading 54.02;- non-originating polypropylene fibres of heading 55.03 or 55.06; or- non-originating polypropylene filament tow of heading 55.01;
of which the denomination in all cases of a single filament or fibre is lessthan 9 decitex, may be used, provided that their total value does not exceed
40 % of the EXW or 35 % of the FOB of the product; orNonwoven fabric formation alone in the case of felt made from natural
fibres.

- Others

Extrusion of man-made fibres combined with fabric formation; orNonwoven fabric formation alone in the case of other felt made fromnatural fibres.

5603.11-5603.14

Production from:- directionally or randomly oriented filaments; or- substances or polymers of natural or man-made origin;followed in both cases by bonding into a nonwoven.

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including specificdescription
5603.91-5603.94

Column 2
Product specific rule of origin

Production from:- directionally or randomly oriented staple fibres; or- chopped yarns, of natural or man-made origin;followed in both cases by bonding into a nonwoven.

5604.10

Production from rubber thread or cord, not textile covered.

5604.90

Spinning of natural fibres;
Extrusion of man-made fibres combined with spinning; orTwisting combined with any mechanical operation.

56.05

Spinning of natural or man-made staple fibres;
Extrusion of man-made fibres combined with spinning; orTwisting combined with any mechanical operation.

56.06

Extrusion of man-made fibres combined with spinning;
Twisting combined with gimping;Spinning of natural or man-made staple fibres; orFlocking combined with dyeing.

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including specificdescription
56.07-56.09

Column 2
Product specific rule of origin

Spinning of natural fibres; orExtrusion of man-made fibres combined with spinning.

Chapter 57

Carpets and other textile floor coverings
Chapter note: For products of this Chapter jute fabric may be used as a
backing.
Spinning of natural or man-made staple fibres combined with weaving orwith tufting;57.01-57.05

Extrusion of man-made filament yarn combined with weaving or with
tufting;
Production from coir yarn, sisal yarn, jute yarn or classical ring spunviscose yarn;
Tufting combined with dyeing or with printing;
Flocking combined with dyeing or with printing; orExtrusion of man-made fibres combined with nonwoven techniques
including needle punching.

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Product specific rule of origin

Chapter 58

Special woven fabrics; tufted textile fabrics; lace; tapestries; trimmings;
embroidery

58.01-58.04

Spinning of natural or man-made staple fibres combined with weaving orwith tufting;
Extrusion of man-made filament yarn combined with weaving or with
tufting;
Weaving combined with dyeing, with flocking, with coating, withlaminating or with metalising;
Tufting combined with dyeing or with printing;
Flocking combined with dyeing or with printing;Yarn dyeing combined with weaving;
Weaving combined with printing; orPrinting (as standalone operation).

58.05

CTH

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Column 2
Product specific rule of origin

Spinning of natural or man-made staple fibres combined with weaving orwith tufting;

58.06-58.09

Extrusion of man-made filament yarn combined with weaving or with
tufting;
Weaving combined with dyeing, with flocking, with coating, withlaminating or with metalising;
Tufting combined with dyeing or with printing;
Flocking combined with dyeing or with printing;Yarn dyeing combined with weaving;
Weaving combined with printing; orPrinting (as standalone operation).
Embroidering in which the value of non-originating materials of any
heading, except that of the product, used does not exceed 50 % of the EXW
or 45 % of the FOB of the product.

58.10

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Spinning of natural or man-made staple fibres combined with weaving orwith tufting;

58.11

Extrusion of man-made filament yarn combined with weaving or with
tufting;
Weaving combined with dyeing, with flocking, with coating, withlaminating or with metalising;
Tufting combined with dyeing or with printing;
Flocking combined with dyeing or with printing;Yarn dyeing combined with weaving;
Weaving combined with printing; orPrinting (as standalone operation).
Chapter 59

Impregnated, coated, covered or laminated textile fabrics; textile articles ofa kind suitable for industrial use

59.01

Weaving, knitting or nonwoven fabric formation combined with dyeing,with flocking, with coating, with laminating or with metalising; orFlocking combined with dyeing or with printing.

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Product specific rule of origin

59.02- Containing not more Weaving, knitting or nonwoven fabric formation.
than 90 % by weightof textile materials- Others

Extrusion of man-made fibres combined with weaving, with knitting or withnonwoven fabric formation.
Weaving, knitting or nonwoven fabric formation combined withimpregnating, with coating, with covering, with laminating or withmetalising;

59.03

Weaving, knitting or nonwoven fabric formation combined with printing; orPrinting (as standalone operation).
Weaving, knitting or nonwoven fabric formation combined with dyeing,with coating, with laminating or with metalising.

59.04
59.05
- Impregnated,coated, covered orlaminated withrubber, plastics orother materials

Weaving, knitting or nonwoven fabric formation combined withimpregnating, with coating, with covering, with laminating or withmetalising.

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including specificdescription- Others

Column 2
Product specific rule of origin

Spinning of natural or man-made staple fibres combined with weaving;
Extrusion of man-made filament yarn combined with weaving;
Weaving, knitting or nonwoven fabric formation combined with dyeing,with coating or with laminating;Weaving combined with printing; orPrinting (as standalone operation).

59.06- Knitted or crocheted Spinning of natural or man-made staple fibres combined with knitting or
fabrics
with crocheting;
Extrusion of man-made filament yarn combined with knitting or withcrocheting;
Knitting or crocheting combined with rubberising; orRubberising combined with at least two other main preparatory or finishing
operations (such as calendering, shrink-resistance processes, heat setting,permanent finishing), provided that the value of non-originating materials
used does not exceed 50 % of the EXW or 45 % of the FOB of the product.
- Other fabrics made
Extrusion of man-made fibres combined with weaving.
of synthetic filamentyarn, containing morethan 90 % by weightof textile materials

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including specificdescription

Column 2
Product specific rule of origin

Weaving, knitting or nonwoven process combined with dyeing, withcoating or with rubberising;- Others

Yarn dyeing combined with weaving, with knitting or with nonwoven
process; orRubberising combined with at least two other main preparatory or finishing
operations (such as calendering, shrink-resistance processes, heat setting,permanent finishing), provided that the value of non-originating materials
used does not exceed 50 % of the EXW or 45 % of the FOB of the product.
Weaving, knitting or nonwoven fabric formation combined with dyeing,with printing, with coating, with impregnating or with covering;

59.07

Flocking combined with dyeing or with printing; orPrinting (as standalone operation).
59.08- Incandescent gas
mantles,
impregnated

Production from tubular knitted or crocheted gas mantle fabric.

- Others

CTH

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Column 1
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including specificdescription

Column 2
Product specific rule of origin

Spinning of natural or man-made staple fibres combined with weaving,with knitting or with nonwoven fabric formation;

59.09-59.11

Extrusion of man-made fibres combined with weaving, with knitting
or with nonwoven fabric formation;
Weaving, knitting or nonwoven fabric formation combined withdyeing, with coating or with laminating; orCoating, flocking, laminating or metalising combined with at least twoother main preparatory or finishing operations (such as calendering,
shrink-resistance processes, heat setting, permanent finishing), provided
that the value of non-originating materials used does not exceed 50 % of
the EXW or 45 % of the FOB of the product.
Knitted or crocheted fabrics

Chapter 60

Spinning of natural or man-made staple fibres combined with knitting orwith crocheting;60.01-60.06

Extrusion of man-made filament yarn combined with knitting or withcrocheting;
Knitting or crocheting combined with dyeing, with flocking, withcoating, with laminating or with printing;
Flocking combined with dyeing or with printing;Yarn dyeing combined with knitting or with crocheting; orTwisting or texturing combined with knitting or with crocheting,provided that the value of non-originating non-twisted or non-textured
yarns used does not exceed 50 % of the EXW or 45 % of the FOB of the
product.

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Chapter 61

Column 2
Product specific rule of origin

Articles of apparel and clothing accessories, knitted or crocheted

61.01-61.17- Obtained by sewing
together or otherwise
assembling, two or
more pieces ofknitted or crocheted
fabric which havebeen either cut toform or obtained
directly to form

Knitting or crocheting combined with making-up including cutting of
fabric; orMaking-up including cutting of fabric, provided that the value of
non-originating materials used does not exceed 50 % of the EXW or
45 % of the FOB of the product.

Spinning of natural or man-made staple fibres combined with knitting orwith crocheting;- Others

Extrusion of man-made filament yarn combined with knitting or withcrocheting;
Knitting and making-up in one operation; orChapter 62

Making-up including cutting of fabric, provided that the value of nonoriginating materials used does not exceed 50 % of the EXW or 45 % of the
FOB of the product.
Articles of apparel and clothing accessories, not knitted or crocheted

62.01

Weaving combined with making-up including cutting of fabric;
Making-up including cutting of fabric preceded by printing (asstandalone operation); or
Making-up including cutting of fabric, provided that the value of
non-originating materials used does not exceed 50 % of the EXW or
45 % of the FOB of the product.

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including specificdescription

Column 2
Product specific rule of origin

62.02- Embroidered

Weaving combined with making-up including cutting of fabric;
Production from unembroidered fabric, provided that the value of
non-originating unembroidered fabric used does not exceed 50 % of
the EXW or 45 % of the FOB of the product; orMaking-up including cutting of fabric, provided that the value of
non-originating materials used does not exceed 50 % of the EXW or
45 % of the FOB of the product.

- Others

Weaving combined with making-up including cutting of fabric;
Making-up including cutting of fabric preceded by printing (asstandalone operation); or
Making-up including cutting of fabric, provided that the value of
non-originating materials used does not exceed 50 % of the EXW or
45 % of the FOB of the product.

62.03

Weaving combined with making-up including cutting of fabric;
Making-up including cutting of fabric preceded by printing (asstandalone operation); or
Making-up including cutting of fabric, provided that the value of
non-originating materials used does not exceed 50 % of the EXW or
45 % of the FOB of the product.

62.04- Embroidered

Weaving combined with making-up including cutting of fabric;
Production from unembroidered fabric, provided that the value of
non-originating unembroidered fabric used does not exceed 50 % of
the EXW or 45 % of the FOB of the product; orMaking-up including cutting of fabric, provided that the value of
non-originating materials used does not exceed 50 % of the EXW or
45 % of the FOB of the product.

- Others

Weaving combined with making-up including cutting of fabric;
Making-up including cutting of fabric preceded by printing (asstandalone operation); or
Making-up including cutting of fabric, provided that the value of
non-originating materials used does not exceed 50 % of the EXW or
45 % of the FOB of the product.

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including specificdescription
62.05

Column 2
Product specific rule of origin

Weaving combined with making-up including cutting of fabric;
Making-up including cutting of fabric preceded by printing (as standalone
operation); or
Making-up including cutting of fabric, provided that the value of nonoriginating materials used does not exceed 50 % of the EXW or 45 % of
the FOB of the product.

62.06- Embroidered

Weaving combined with making-up including cutting of fabric;
Production from unembroidered fabric, provided that the value of nonoriginating unembroidered fabric used does not exceed 50 % of the EXW or
45 % of the FOB of the product; orMaking-up including cutting of fabric, provided that the value of nonoriginating materials used does not exceed 50 % of the EXW or 45 % of the
FOB of the product.

- Others

Weaving combined with making-up including cutting of fabric;
Making-up including cutting of fabric preceded by printing (as standalone
operation); or
Making-up including cutting of fabric, provided that the value of nonoriginating materials used does not exceed 50 % of the EXW or 45 % of the
FOB of the product.

62.07-62.08

Weaving combined with making-up including cutting of fabric;
Making-up including cutting of fabric preceded by printing (as standalone
operation); or
Making-up including cutting of fabric, provided that the value of nonoriginating materials used does not exceed 50 % of the EXW or 45 % of the
FOB of the product.

62.09- Embroidered

Weaving combined with making-up including cutting of fabric;
Production from unembroidered fabric, provided that the value of nonoriginating unembroidered fabric used does not exceed 50 % of the EXW or
45 % of the FOB of the product; orMaking-up including cutting of fabric, provided that the value of nonoriginating materials used does not exceed 50 % of the EXW or 45 % of the
FOB of the product.

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including specificdescription- Others

Column 2
Product specific rule of origin

Weaving combined with making-up including cutting of fabric;
Making-up including cutting of fabric preceded by printing (as standalone
operation); or
Making-up including cutting of fabric, provided that the value of nonoriginating materials used does not exceed 50 % of the EXW or 45 % of the
FOB of the product.

62.10- Fire-resistantequipment of fabriccovered with foil ofaluminised polyester

Weaving combined with making-up including cutting of fabric;
Coating or laminating combined with making-up including cutting of fabric,
provided that the value of non-originating uncoated or unlaminated fabricused does not exceed 50 % of the EXW or 45 % of the FOB of the product;or
Making-up including cutting of fabric, provided that the value of nonoriginating materials used does not exceed 50 % of the EXW or 45 % of the
FOB of the product.

- Others

Weaving combined with making-up including cutting of fabric;
Making-up including cutting of fabric preceded by printing (as standalone
operation); or
Making-up including cutting of fabric, provided that the value of nonoriginating materials used does not exceed 50 % of the EXW or 45 % of the
FOB of the product.

62.11- Women's or girls'
garments,
embroidered

Weaving combined with making-up including cutting of fabric;
Production from unembroidered fabric, provided that the value of nonoriginating unembroidered fabric used does not exceed 50 % of the EXW or
45 % of the FOB of the product; orMaking-up including cutting of fabric, provided that the value of nonoriginating materials used does not exceed 50 % of the EXW or 45 % of the
FOB of the product.

- Others

Weaving combined with making-up including cutting of fabric;
Making-up including cutting of fabric preceded by printing (as standalone
operation); or
Making-up including cutting of fabric, provided that the value of nonoriginating materials used does not exceed 50 % of the EXW or 45 % of the
FOB of the product.

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including specificdescription

Column 2
Product specific rule of origin

62.12- Knitted or crocheted
obtained by sewing
together or otherwise
assembling, two or
more pieces ofknitted or crocheted
fabric which havebeen either cut toform or obtained
directly to form
- Others

Knitting combined with making-up including cutting of fabric;
Making-up including cutting of fabric preceded by printing (as standalone
operation); or
Making-up including cutting of fabric, provided that the value of nonoriginating materials used does not exceed 50 % of the EXW or 45 % of the
FOB of the product.

Weaving combined with making-up including cutting of fabric;
Making-up including cutting of fabric preceded by printing (as standalone
operation); or
Making-up including cutting of fabric, provided that the value of nonoriginating materials used does not exceed 50 % of the EXW or 45 % of the
FOB of the product.

62.13-62.14- Embroidered

Weaving combined with making-up including cutting of fabric;
Production from unembroidered fabric, provided that the value of nonoriginating unembroidered fabric used does not exceed 50 % of the EXW or
45 % of the FOB of the product;
Making-up including cutting of fabric preceded by printing (as standalone
operation); or
Making-up including cutting of fabric, provided that the value of nonoriginating materials used does not exceed 50 % of the EXW or 45 % of the
FOB of the product.

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including specificdescription- Others

Column 2
Product specific rule of origin

Weaving combined with making-up including cutting of fabric;
Making-up including cutting of fabric preceded by printing (as standalone
operation); or
Making-up including cutting of fabric, provided that the value of nonoriginating materials used does not exceed 50 % of the EXW or 45 % of the
FOB of the product.

62.15

Weaving combined with making-up including cutting of fabric;
Making-up including cutting of fabric preceded by printing (as standalone
operation); or
Making-up including cutting of fabric, provided that the value of nonoriginating materials used does not exceed 50 % of the EXW or 45 % of the
FOB of the product.

62.16- Fire-resistantequipment of fabriccovered with foil ofaluminised polyester

Weaving combined with making-up including cutting of fabric;
Coating or laminating combined with making-up including cutting of fabric,
provided that the value of non-originating uncoated or unlaminated fabricused does not exceed 50 % of the EXW or 45 % of the FOB of the product;or
Making-up including cutting of fabric, provided that the value of nonoriginating materials used does not exceed 50 % of the EXW or 45 % of the
FOB of the product.

- Others

Weaving combined with making-up including cutting of fabric;
Making-up including cutting of fabric preceded by printing (as standalone
operation); or
Making-up including cutting of fabric, provided that the value of nonoriginating materials used does not exceed 50 % of the EXW or 45 % of the
FOB of the product.

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including specificdescription

Column 2
Product specific rule of origin

62.17- Embroidered

Weaving combined with making-up including cutting of fabric;
Production from unembroidered fabric, provided that the value of nonoriginating unembroidered fabric used does not exceed 50 % of the EXW or
45 % of the FOB of the product;
Making-up including cutting of fabric preceded by printing (as standalone
operation); or
Making-up including cutting of fabric, provided that the value of nonoriginating materials used does not exceed 50 % of the EXW or 45 % of the
FOB of the product.

- Fire-resistantequipment of fabriccovered with foil ofaluminised polyester

Weaving combined with making-up including cutting of fabric;
Coating or laminating combined with making-up including cutting of fabric,
provided that the value of non-originating uncoated or unlaminated fabricused does not exceed 50 % of the EXW or 45 % of the FOB of the product;or
Making-up including cutting of fabric, provided that the value of nonoriginating materials used does not exceed 50 % of the EXW or 45 % of the
FOB of the product.

- Interlinings forcollars and cuffs, cut
out

CTH, provided that the value of non-originating materials used does notexceed 50 % of the EXW or 45 % of the FOB of the product.

- Others

Weaving combined with making-up including cutting of fabric; orMaking-up including cutting of fabric, provided that the value of nonoriginating materials used does not exceed 50 % of the EXW or 45 % of the
FOB of the product.
Other made up textile articles; sets; worn clothing and worn textile articles;
rags

Chapter 63
63.01-63.04- Of felt and of
nonwovens

Nonwoven fabric formation combined with making-up including cutting of
fabric.

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including specificdescription

Column 2
Product specific rule of origin- Others-- Embroidered

Weaving, knitting or crocheting combined with making-up including
cutting of fabric; or
Production from unembroidered fabric (other than knitted or crocheted),provided that the value of non-originating unembroidered fabric used does
not exceed 40 % of the EXW or 35 % of the FOB of the product.

-- Others

Weaving, knitting or crocheting combined with making-up including
cutting of fabric.

63.05

Extrusion of man-made fibres or spinning of natural or man-made staple
fibres, combined with weaving or with knitting and making-up including
cutting of fabric.

63.06- Of nonwovens

Nonwoven fabric formation combined with making-up including cutting of
fabric.

- Others

Weaving combined with making-up including cutting of fabric.

63.07

MaxNOM 40 % (EXW); or
RVC 65 % (FOB).
Each item in the set must satisfy the rule which would apply to it if it were
not included in the set; however, non-originating articles may beincorporated, provided that their total value does not exceed 15 % of the
EXW or FOB of the set.

63.08

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including specificdescription

Column 2
Product specific rule of origin

63.09-63.10

CTH

SECTION XIIFOOTWEAR, HEADGEAR, UMBRELLAS, SUN UMBRELLAS,
WALKING-STICKS, SEAT-STICKS, WHIPS, RIDING-CROPS ANDPARTS THEREOF; PREPARED FEATHERS AND ARTICLES MADE
THEREWITH; ARTIFICIAL FLOWERS; ARTICLES OF HUMAN HAIR

Chapter 64

Footwear, gaiters and the like; parts of such articles

64.01-64.06

CC;
CTH except from headings 64.01 to 64.05 and from assemblies of uppers
affixed to inner soles of subheading 6406.90 and MaxNOM 50 % (EXW);or
CTH except from headings 64.01 to 64.05 and from assemblies of uppers
affixed to inner soles of subheading 6406.90 and RVC 55 % (FOB).

Chapter 65

Headgear and parts thereof

65.01-65.07

CTH

Chapter 66

Umbrellas, sun umbrellas, walking-sticks, seat-sticks, whips, riding-crops
and parts thereof

66.01-66.03

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).
Prepared feathers and down and articles made of feathers or of down;
artificial flowers; articles of human hair

Chapter 67

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including specificdescription

Column 2
Product specific rule of origin

67.01-67.04

CTH

SECTION XIIIARTICLES OF STONE, PLASTER, CEMENT, ASBESTOS, MICA OR
SIMILAR MATERIALS; CERAMIC PRODUCTS; GLASS ANDGLASSWARE

Chapter 68

Articles of stone, plaster, cement, asbestos, mica or similar materials

68.01-68.15

CTH;
MaxNOM 70 % (EXW); or
RVC 35 % (FOB).

Chapter 69

Ceramic products

69.01-69.14

CTH

Chapter 70

Glass and glassware

70.01-70.05

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

70.06- Coated glass-plate
substrates

CTH; or- Others

CTH except from headings 70.02 to 70.05.

70.071 -70.09

CTH;

Production from non-coated glass-plate substrate of heading 70.06.

MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

1

For the products of subheadings 7007.11 and 7007.21, see also Appendix 3-B-1.
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Product specific rule of origin

70.10- Glass andglassware,containers made ofglass- Others

CTH; however, non-originating materials of heading 70.10 may be used,provided that their total value does not exceed 15 % of the EXW or the
FOB of the product.
CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

70.11

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

70.13

CTH; however, non-originating materials of heading 70.13 may be
used, provided that their total value does not exceed 15 % of the EXWor the FOB of the product.

70.14-70.17

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

7018.10CTH

7018.20

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

7018.90CTH

70.19-70.20

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

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SECTION XIV

NATURAL OR CULTURED PEARLS, PRECIOUS OR
SEMI-PRECIOUS STONES, PRECIOUS METALS, METALS CLAD
WITH PRECIOUS METAL, AND ARTICLES THEREOF; IMITATIONJEWELLERY; COIN

Chapter 71

Natural or cultured pearls, precious or semi-precious stones, precious
metals, metals clad with precious metal, and articles thereof; imitation
jewellery; coin

71.01

CC

71.02-71.04

CTSH

71.05

CTH

71.06
- Unwrought

CTH except from headings 71.06, 71.08 and 71.10;
Electrolytic, thermal or chemical separation of precious metals of headings
71.06, 71.08 and 71.10; orFusion or alloying of precious metals of headings 71.06, 71.08 and 71.10
with each other or with base metals or purification.

- Semi-manufactured
or in powder form

Production from unwrought precious metals.

71.07- Metals clad with
precious metals,
semi-manufactured

Production from metals clad with precious metals, unwrought.

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including specificdescription- Others

Column 2
Product specific rule of origin

CTH

71.08
- Unwrought

CTH except from headings 71.06, 71.08 and 71.10;
Electrolytic, thermal or chemical separation of precious metals of headings
71.06, 71.08 and 71.10; orFusion or alloying of precious metals of headings 71.06, 71.08 and 71.10
with each other or with base metals or purification.

- Semi-manufactured
or in powder form

Production from unwrought precious metals.

71.09- Metals clad with
precious metals,
semi-manufactured

Production from metals clad with precious metals, unwrought.

- Others

CTH

71.10
- Unwrought

CTH except from headings 71.06, 71.08 and 71.10;
Electrolytic, thermal or chemical separation of precious metals of headings
71.06, 71.08 and 71.10; orFusion or alloying of precious metals of headings 71.06, 71.08 and 71.10
with each other or with base metals or purification.

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including specificdescription- Semi-manufactured
or in powder form

Column 2
Product specific rule of origin

Production from unwrought precious metals.

71.11- Metals clad with
precious metals,
semi-manufactured

Production from metals clad with precious metals, unwrought.

- Others

CTH

71.12

CTH

71.13-71.17

CTH except from headings 71.13 to 71.17;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

71.18

CTH

SECTION XVBASE METALS AND ARTICLES OF BASE METAL

Chapter 72

Iron and steel

72.01-72.06

CTH

72.07

CTH except from heading 72.06.

72.08-72.17

CTH except from headings 72.08 to 72.17.

7218.10CTH

7218.91-7218.99

CTH except from heading 72.06.

72.19-72.23

CTH except from headings 72.19 to 72.23.

7224.10CTH

7224.90

CTH except from heading 72.06.

72.25-72.29

CTH except from headings 72.25 to 72.29.

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including specificdescription

Column 2
Product specific rule of origin

Chapter 73

Articles of iron or steel

7301.10CC except from headings 72.08 to 72.17.

7301.20

CTH

73.02

CC except from headings 72.08 to 72.17.

73.03

CTH

73.04-73.06

CC except from headings 72.13 to 72.17, 72.21 to 72.23 and 72.25 to
72.29.

73.07- Tube or pipe fittingsof stainless steel

CTH except from forged blanks of heading 72.07; however,
non-originating forged blanks of heading 72.07 may be used, provided
that their value does not exceed 50 % of the EXW or 45 % of the FOB ofthe product.

- Others

CTH

73.08

CTH except from subheading 7301.20;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

7309.00-7315.19

CTH

7315.20

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

7315.81-7319.90

CTH

7320.10

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

7320.20-7326.90

CTH

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including specificdescription

Column 2
Product specific rule of origin

Chapter 74

Copper and articles thereof

74.01-74.02

CTH

74.03

CTSH

74.04-74.19

CTH

Chapter 75

Nickel and articles thereof

75.01-75.04

CTSH

75.05-75.08

CTH

Chapter 76

Aluminium and articles thereof

76.01

CTSH

76.02-76.06

CTH and MaxNOM 50 % (EXW); or
CTH and RVC 55 % (FOB).

76.07

CTH except from heading 76.06.

7608.10-7616.91

CTH and MaxNOM 50 % (EXW); or
CTH and RVC 55 % (FOB).

7616.99

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

Chapter 78

Lead and articles thereof

7801.10

CTSH

7801.91-7801.99

CTH except from heading 78.02.

78.02-78.04

CTH

78.06

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

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including specificdescription

Column 2
Product specific rule of origin

Chapter 79

Zinc and articles thereof

79.01-79.07

CTH

Chapter 80

Tin and articles thereof

80.01-80.07

CTH

Chapter 81

Other base metals; cermets; articles thereof

81.01-81.13

CTSH; or
Production from non-originating materials of any heading by the use ofrefining, smelting or thermal metal forming.

Chapter 82

Tools, implements, cutlery, spoons and forks, of base metal; parts thereofof base metal

8201.10-8205.70

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

8205.90

CTH; however, non-originating tools of heading 82.05 may be incorporated
into the set, provided that their total value does not exceed 15 % of the
EXW or the FOB of the set.

82.06

CTH except from headings 82.02 to 82.05; however, non-originating toolsof headings 82.02 to 82.05 may be incorporated into the set, provided that
their total value does not exceed 15 % of the EXW or the FOB of the set.

82.07-82.15

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

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including specificdescription

Column 2
Product specific rule of origin

Chapter 83

Miscellaneous articles of base metal

83.01-83.11

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

SECTION XVIMACHINERY AND MECHANICAL APPLIANCES; ELECTRICAL
EQUIPMENT; PARTS THEREOF; SOUND RECORDERS AND
REPRODUCERS, TELEVISION IMAGE AND SOUND RECORDERS
AND REPRODUCERS, AND PARTS AND ACCESSORIES OF SUCH
ARTICLES

Chapter 84

Nuclear reactors, boilers, machinery and mechanical appliances; parts
thereof84.01-84.06

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

84.07-84.081

MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

84.09-84.11

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

84.12

CTH;
MaxNOM 55 % (EXW); or
RVC 50 % (FOB).

84.13

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

84.14-84.15

CTH;
MaxNOM 55 % (EXW); or
RVC 50 % (FOB).

84.16-84.24

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

1

For headings 84.07 and 84.08, see also Appendix 3-B-1.
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including specificdescription
84.25-84.30

Column 2
Product specific rule of origin

CTH except from heading 84.31;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

84.31-84.43

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

84.44-84.47

CTH except from heading 84.48;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

84.48-84.68

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

84.70-84.72

CTH except from heading 84.73;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

84.73-84.87

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

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Column 2
Product specific rule of origin

Chapter 85

Electrical machinery and equipment and parts thereof; sound recorders andreproducers, television image and sound recorders and reproducers, andparts and accessories of such articles

85.01

CTH except from heading 85.03;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

85.02-85.18

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

85.19-85.21

CTH except from heading 85.22;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

85.22-85.27

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

85.28

CTH except from heading 85.29;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

85.29-85.34

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

85.35-85.37

CTH except from heading 85.38;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

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Column 1
Harmonized Systemclassification (2017)
including specificdescription
85.38-85.39

Column 2
Product specific rule of origin

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

8540.11-8540.12

CTSH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

8540.20-8540.99

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

8541.10-8541.60

CTSH;
Non-originating materials used undergo a diffusion;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

8541.90

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

8542.31-8542.39

CTSH;
Non-originating materials used undergo a diffusion;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

8542.90-8543.90

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

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Column 1
Harmonized Systemclassification (2017)
including specificdescription
8544.11-8544.60

Column 2
Product specific rule of origin

CTH except from headings 74.08, 74.13, 76.05 and 76.14;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

8544.70

CTH except from headings 70.02 and 90.01;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

85.45-85.48

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

SECTION XVIIVEHICLES, AIRCRAFT, VESSELS AND ASSOCIATED TRANSPORTEQUIPMENT

Chapter 86

Railway or tramway locomotives, rolling-stock and parts thereof; railway
or tramway track fixtures and fittings and parts thereof; mechanical(including electro-mechanical) traffic signalling equipment of all kinds

86.01-86.09

CTH except from heading 86.07;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

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Column 1
Harmonized Systemclassification (2017)
including specificdescription

Column 2
Product specific rule of origin

Chapter 87

Vehicles other than railway or tramway rolling-stock, and parts andaccessories thereof

87.011MaxNOM 50 % (EXW); or

87.02-87.052

RVC 55 % (FOB).
MaxNOM 45 % (EXW); or
RVC 60 % (FOB).

87.063MaxNOM 50 % (EXW); or

87.074

RVC 55 % (FOB).
MaxNOM 45 % (EXW); or
RVC 60 % (FOB).

87.085-87.11

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

87.12

MaxNOM 45 % (EXW); or
RVC 60 % (FOB).

87.13-87.16

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

Chapter 88

Aircraft, spacecraft, and parts thereof

88.01-88.05

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

1
2
3
4
5

For heading 87.01, see also Appendix 3-B-1.
For headings 87.02 to 87.05, see also Appendix 3-B-1.
For heading 87.06, see also Appendix 3-B-1.
For heading 87.07, see also Appendix 3-B-1.
For heading 87.08, see also Appendix 3-B-1.
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Column 1
Harmonized Systemclassification (2017)
including specificdescription

Column 2
Product specific rule of origin

Chapter 89

Ships, boats and floating structures

89.01-89.08

CTH except from hulls of heading 89.06;
MaxNOM 40 % (EXW); or

SECTION XVIIIRVC 65 % (FOB).
OPTICAL, PHOTOGRAPHIC, CINEMATOGRAPHIC, MEASURING,CHECKING, PRECISION, MEDICAL OR SURGICAL INSTRUMENTS
AND APPARATUS; CLOCKS AND WATCHES; MUSICALINSTRUMENTS; PARTS AND ACCESSORIES THEREOF

Chapter 90

Optical, photographic, cinematographic, measuring, checking, precision,
medical or surgical instruments and apparatus; parts and accessories thereof

9001.10-9001.40

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

9001.50

CTH;
Production in which one of the following operations is made:- surfacing of the semi-finished lens into a finished ophthalmic lens with
optical corrective power meant to be mounted on a pair of spectacles; or- coating of the lens through appropriated treatments to improve vision andensure protection of the wearer;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

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Column 1
Harmonized Systemclassification (2017)
including specificdescription
9001.90-9033.00

Column 2
Product specific rule of origin

CTH except from heading 96.20;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

Chapter 91

Clocks and watches and parts thereof

9101.11-9113.20

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

9113.90

CTH

91.14

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

Chapter 92

Musical instruments; parts and accessories of such articles

92.01-92.09

MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

SECTION XIX

ARMS AND AMMUNITION; PARTS AND ACCESSORIES THEREOF

Chapter 93

Arms and ammunition; parts and accessories thereof

93.01-93.07

MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

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Column 1
Harmonized Systemclassification (2017)
including specificdescription

Column 2
Product specific rule of origin

SECTION XXMISCELLANEOUS MANUFACTURED ARTICLES

Chapter 94

Furniture; bedding, mattresses, mattress supports, cushions and similar
stuffed furnishings; lamps and lighting fittings, not elsewhere specified or
included; illuminated signs, illuminated name-plates and the like;prefabricated buildings

9401.10-9401.80

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

9401.90CC

94.02-94.06

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

Chapter 95

Toys, games and sports requisites; parts and accessories thereof

95.03-95.05

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

95.06- Golf clubs and parts
thereof

CTH; however non-originating roughly-shaped blocks for making golf clubheads may be used.

- Others

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

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Column 1
Harmonized Systemclassification (2017)
including specificdescription
95.07-95.08

Column 2
Product specific rule of origin

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

Chapter 96

Miscellaneous manufactured articles

96.01

CC

96.02-96.04

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

96.05

Each item in the set shall satisfy the rule which would apply to it if it were
not included in the set, provided that non-originating articles may beincorporated, provided that their total value does not exceed 15 % of the
EXW or the FOB of the set.

96.06-96.20

CTH;
MaxNOM 50 % (EXW); or
RVC 55 % (FOB).

SECTION XXIWORKS OF ART, COLLECTORS' PIECES AND ANTIQUES

Chapter 97

Works of art, collectors' pieces and antiques

97.01-97.06

CTH

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APPENDIX 3-B-1

PROVISIONS RELATED TO CERTAIN VEHICLES AND PARTS OF VEHICLESSECTION 1
Supplier's declarations
Where a supplier in Japan provides a producer in Japan of the products of headings 84.07 and 84.08
and headings 87.01 to 87.08 with the information necessary to determine the originating status of
the products, a supplier's declaration may be provided by the supplier.

SECTION 2
Interim threshold of product specific rules of origin for vehicles and parts of vehicles
1.

For the purposes of this Section, "year" means, with respect to the first year, the period fromthe date of entry into force of this Agreement until the following 31 January and, with respect
to each subsequent year, the 12-month period starting on 1 February of that year.

2.

3.

For vehicles of heading 87.03, each Party shall apply the following rule:
From the first year until theend of the second year

From the third year until theend of the fifth year

From the beginning of thesixth year

MaxNOM 55 % (EXW); or

MaxNOM 50 % (EXW); or

MaxNOM 45 % (EXW); or

RVC 50 % (FOB)

RVC 55 % (FOB)

RVC 60 % (FOB)

The interim threshold set out in the tables of subparagraphs (a) to (d) applies to products
directly exported from a Party to the other Party and does not apply to products incorporated
into a complete vehicle as materials in the exporting Party:

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(a)For parts of vehicles of headings 84.07 and 84.08, each Party shall apply the following
rule:

(b)

(c)

(d)

4.

From the first year until the end of thesecond year

From the beginning of the third year

MaxNOM 60 % (EXW); or

MaxNOM 50 % (EXW); or

RVC 45 % (FOB)

RVC 55 % (FOB)

For parts of vehicles of heading 87.06, each Party shall apply the following rule:

From the first year until the end of the
fourth year

From the beginning of the fifth year

MaxNOM 55 % (EXW); or

MaxNOM 50% (EXW); or

RVC 50 % (FOB)

RVC 55% (FOB)

For parts of vehicles of heading 87.07, each Party shall apply the following rule:

From the first year until the end of the
fourth year

From the beginning of the fifth year

MaxNOM 55 % (EXW); or

MaxNOM 45 % (EXW); or

RVC 50 % (FOB)

RVC 60 % (FOB)

For parts of vehicles of heading 87.08, each Party shall apply the following rule:
From the first year until the end of thesecond year

From the beginning of the third year

CTH;

CTH;

MaxNOM 60 % (EXW); or

MaxNOM 50 % (EXW); or

RVC 45 % (FOB)

RVC 55 % (FOB)

Notwithstanding paragraphs 1 to 3, if this Agreement enters into force on any date after 1
January 2021, the Parties shall apply this Section from that date as if this Agreement hadentered into force on 1 January 2021.

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SECTION 3
Application of the product specific rules of origin for certain motor vehicles through production
processes related to certain parts
1.

For the purpose of satisfying the product specific rule of origin of Column 2 in Annex 3-B
applicable to motor vehicles of subheadings 8703.21 to 8703.90, a material listed inColumn (i) in the table below used in the production of those motor vehicles shall beconsidered as originating in a Party if:(a)it meets the product specific rule of origin of Column 2 in Annex 3-B applicable to thatmaterial; or(b)the production process related to that material, as laid down in Column (ii) in the tablebelow, is carried out in a Party.

Table
Column (i)Harmonized System
Classification (2017) including
specific description1

1

Column (ii)
Related production process

7007.11

Tempering of non-originating materials, provided that
non-originating materials of heading 70.07 are not used.

7007.21

Tempering or laminating of non-originating materials,
provided that non-originating materials of heading 70.07 are
not used.

Where a specific description of a material is included in Column (i), the related production
process in Column (ii) applies only to that material.

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Column (i)Harmonized System
Classification (2017) including
specific description

Column (ii)
Related production process

8707.10- Bodies in white1 in steel, forthe motor vehicles ofsubheadings 8703.21 to8703.901

2

Production from non-originating semi-finished steel productsof headings 72.07, 72.18 and 72.24.2

For the purposes of this Section, "bodies in white" means bodies where the metal components
have been joined together before painting; including assembly of:–frame; and–body parts; andexcluding assembly in the frame structure of:–the engine;–the chassis sub-assemblies, or trim (glass, seats, upholstery, electronics, etc.); or–
moving parts (doors, trunk, bonnet, as well as fenders).
In order to apply the related production process rule:(a) the parts of the body in white listed below, to the extent they are constituent parts of the
body in white, shall be made in steel:–A, B and C pillars or equivalent part;–side members or equivalent part;–cross members or equivalent part;–
floor side rails or equivalent part;–sides panels or equivalent part;–roof side rails or equivalent part;–dash board support or equivalent part;–roof supports or equivalent part;–rear wall or equivalent part;–firewall or equivalent part;–bumper beams or equivalent part; and–floor pan or equivalent part; and(b) parts or combinations of parts, whichever their name, as far as they fulfil the samefunction as the parts listed in (a), shall also be made in steel.

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Column (i)Harmonized System
Classification (2017) including
specific description

Column (ii)
Related production process

8708.10- Bumpers (not including parts
thereof)All non-originating polymer and flat-rolled products used shallbe moulded or stamped.

8708.29- Body stampings (notincluding parts thereof)

All non-originating materials shall be moulded or stamped.

- Door assemblies (notincluding parts thereof)

All non-originating materials used to produce door skin or
insole panel shall be moulded or stamped; andall non-originating door parts used shall be assembled; andnon-originating materials of heading 87.08 shall not be used.

8708.50- Drive-axles with differential,
whether or not provided withother transmission components

Drive shaft and differential gears are produced from
non-originating flat-rolled metal; and- Non-driving axles (notincluding parts thereof)

Non-driving axles are produced from non-originating
flat-rolled metal; andnon-originating materials of heading 87.08 shall not be used.

non-originating materials of heading 87.08 shall not be used.
2.

The application of paragraph 1 is without prejudice to the application of the provisions ofSection A of Chapter 3 and Annex 3-A.

SECTION 4
Review of and consultations on the implementation of Section 3
1.

After seven years from the date of entry into force of this Agreement, the Parties shall, on
request of either Party on the basis of available information, jointly review the
implementation of Section 3.

2.

After the initiation of the review provided for in paragraph 1, a Party may request
consultations with the other Party, provided that, based on facts and not merely on allegation,
conjecture or remote possibility, there is evidence:

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19:25:14(a)that imports of the products of subheadings 8703.21 to 8703.90 from the requested
Party into the requesting Party have, by application of Section 3, significantly increased
in absolute terms or relative to domestic production; or(b)of changes in patterns of sourcing after the entry into force of this Agreement whichhave had a negative effect on competition for domestic producers of directlycompetitive products in the requesting Party.

3.

The Parties shall consult with a view to establishing the accuracy of the facts and identifying
appropriate measures relating to the implementation of Section 3. Such measures shall not
result in an expansion of the application of Section 3.

4.

For greater certainty, in case of disagreement between the Parties on the application of thisSection, a Party may have recourse to dispute settlement under Chapter 22.

________________

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ANNEX 3-C

PRODUCTS REFERRED TO IN ARTICLE 3.5
The products referred to in paragraphs 2 and 4 of Article 3.5 shall be limited to the products
classified under the following Chapters and headings of the Harmonized System:(a)

Chapters 02 to 04;(b)heading 06.04;(c)Chapters 07 and 08;(d)headings 09.01 to 09.04 and 09.07 to 09.10;(e)headings 10.01 to 10.03 and 10.05 to 10.08;(f)

headings 11.02, 11.03 and 11.05 to 11.09;(g)headings 12.02, 12.08 and 12.10 to 12.14;(h)Chapters 13 and 14;(i)headings 15.01, 15.03 to 15.08 and 15.11 to 15.22;(j)headings 16.01 and 16.03 to 16.05;(k)headings 17.01 to 17.03;(l)headings 18.03, 18.05 and 18.06;(m) heading 19.03;

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(n)Chapter 20;(o)headings 21.02 to 21.06;(p)

Chapter 22;(q)

heading 23.01;(r)headings 24.02 and 24.03;(s)Chapters 25 to 43;(t)headings 44.03 to 44.05 and 44.07 to 44.21;(u)Chapters 45 to 49;(v)

headings 50.01 and 50.04 to 50.07;(w) headings 51.04 to 51.13;(x)

headings 52.04 to 52.12;(y)headings 53.03 to 53.11; and(z)

Chapters 54 to 97.

________________

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ANNEX 3-D

INFORMATION REFERRED TO IN ARTICLE 3.5
The information referred to in paragraph 7 of Article 3.5 shall be limited to the following elements:(a)description and HS tariff classification number of the product supplied and of the
non-originating materials used in its production;(b)

if value methods are applied in accordance with Annex 3-B, the value per unit and the total
value of the product supplied and of the non-originating materials used in its production;(c)

if specific production processes are required in accordance with Annex 3-B, a description of
the production carried out on the non-originating materials used; and(d)a statement by the supplier that the elements of information referred to in subparagraphs (a) to(c) are accurate and complete, the date on which the statement is provided, and printed nameand address of the supplier.

________________

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ANNEX 3-E

TEXT OF THE STATEMENT ON ORIGIN
A statement on origin shall be made out using either of the following linguistic versions of the text
set out below and in accordance with the laws and regulations of the exporting Party. If thestatement on origin is handwritten, it shall be written in ink in printed characters. The statement on
origin shall be drawn up in accordance with the respective footnotes. The footnotes do not have tobe reproduced.
Japanese version（期間……………から……………まで（注１））

この文書の対象となる産品の輸出者（輸出者参照番号………（注２））は、別段の明示をする場合を除くほか、当該産品の原産地………（注３）が特恵に係る原産地であることを申告する。

（用いられた原産性の基準（注４））………………………………………………………………………………………...
（場所及び日付（注５））………………………………………………………………………………………..
（輸出者の氏名又は名称（活字体によるもの））………………………………………………………………………………………..

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English version(Period: from …………… to …………(1))
The exporter of the products covered by this document (Exporter Reference No ……...(2)) declares
that, except where otherwise clearly indicated, these products are of ...……… preferential origin(3).
(Origin criteria used(4))…………………………………………………………….............................................
(Place and date(5))...……………………………………………………………………..............................
(Printed name of the exporter)...……………………………………………………………………..............................
(1)

If the statement on origin is completed out for multiple shipments of identical originatingproducts within the meaning of subparagraph 5(b) of Article 3.17, it shall indicate the period
for which the statement on origin will apply. That period shall not exceed 12 months. All
importations of the product must occur within the period indicated. Where a period is notapplicable, the field can be left blank.

(2)

Indicate the reference number through which the exporter is identified. For the United
Kingdom exporter, this will be the number assigned in accordance with the laws andregulations of the United Kingdom. For the Japanese exporter, this will be the Japan
Corporate Number. Where the exporter has not been assigned a number, the field may be left
blank.

(3)

Indicate the origin of the product; the United Kingdom or Japan.

(4)

Indicate, depending on the case, one or more of the following codes;"A" for a product referred to in subparagraph 1(a) of Article 3.2;
"B" for a product referred to in subparagraph 1(b) of Article 3.2;

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"C" for a product referred to in subparagraph 1(c) of Article 3.2, with the following
additional information on the type of product specific requirement actually applied tothe product;"1"

for a change in tariff classification rule;"2"

for a maximum value of non-originating materials or a minimum regional value
content rule;"3"

for a specific production process rule; or"4"

in case of application of the provisions of Section 3 of Appendix 3-B-1;"D" for accumulation referred to in Article 3.5; or"E" for tolerances referred to in Article 3.6.
(5)

Place and date may be omitted if it is contained on the document itself.

________________

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ANNEX 6

FOOD ADDITIVESThe Parties, in furtherance of Chapter 6, recognise the importance of transparency and predictability
with respect to the application and approval procedures for food additives, reaffirm and undertakethe following:1.

Recognising that relevant guidelines on food additives are available on an official website,
free of charge, the Parties are encouraged to make those guidelines available in English. On
request of a Party, the other Party will consider translating a specific guideline in English if
possible.

2.

Information requirements of each Party are to be limited to what is necessary for the approvalof a food additive.

3.

Relevant international standards and guidelines including their scope, definitions andprinciples, as well as the risk assessments of the international bodies, on food additives,
enzymes, processing aids or nutrients, for the approval of such food additives are to be taken
into account by each Party.

4.

Affirming that a Party may legitimately expect that the other Party conducts the approval
procedure according to the standard processing period, each Party undertakes that:(a)the authorisation of food additives is conducted and completed without undue delay;
and

(b)

the standard processing period of each procedure for the approval of a food additive ispublished.

5.

If their respective approval procedures for food additives undergo significant changes, theParties shall apply the procedures set out in Article 6.11.

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6.

Nothing in this Annex shall be construed as preventing the Parties from establishing,
maintaining, amending or modifying their respective approval procedures in line with theprovisions of Chapter 6.

________________

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ANNEX 8-A
REGULATORY COOPERATION IN FINANCIAL SERVICES

Objectives of regulatory cooperation
1.

The Parties recognise that promoting cooperation between the Parties and their financial
regulatory authorities supports objectives which include the following:(a)strengthening financial systems and promoting financial stability;(b)

improving market integrity and countering undesirable market fragmentation;(c)promoting fair and competitive markets;(d)promoting robust and efficient institutions, markets and infrastructure;(e)

protecting consumers, investors, depositors, policy-holders and persons to whom afiduciary duty is owed by financial service suppliers;

2.

(f)

providing a transparent and predictable environment for financial service suppliers; and(g)enhancing bilateral trade and investment in financial services between the Parties.

The Parties shall, wherever practicable, work together bilaterally and in international bodies
to achieve the objectives referred to in paragraph 1 (hereinafter referred to in this Annex as"regulatory cooperation").

3.

In their regulatory cooperation, the Parties shall base themselves on the principles andprudential standards agreed at multilateral level and follow the principles of regulatory
cooperation set out in paragraphs 6 to 14 as implemented in the framework envisaged inparagraphs 23 to 25.

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Scope of regulatory cooperation
4.

Regulatory cooperation shall cover all areas of financial services, which shall include
emerging issues of mutual interest, unless otherwise agreed by the Parties.

5.

The provisions in this Annex shall be without prejudice to the distribution and exercise ofcompetences of regulatory or supervisory authorities of the Parties. The Parties recognise that
their regulatory cooperation should be based on due consideration of differences in market
structures and business models that may exist between the Parties.

Principles of regulatory cooperation
6.

To support regulatory cooperation, the Parties shall, wherever practicable, work together ininternational standard-setting bodies to develop effective international standards and facilitate
coherent implementation in the area of financial services. Each Party shall use its best
endeavours to ensure that internationally agreed standards for regulation and supervision in
the area of financial services are implemented and applied in its territory.1

7.

The Parties shall, wherever practicable, work to achieve mutual compatibility of theirrespective regulatory and supervisory frameworks for financial services in areas of common
interest in a way that supports the objectives referred to in paragraph 1. Such work may
include developing consistent regulatory approaches on an outcomes basis and reducing
unnecessarily burdensome, duplicative or divergent regulatory requirements.

8.

Without prejudice to its own legislative processes, each Party shall use its best endeavours tooffer the other Party an opportunity to be informed at an early stage and to provide commentson its planned regulatory initiatives in the area of financial services that may be of relevanceto the other Party.

1

For greater certainty, for the purposes of this Annex, regulatory standards adopted byinternational standard-setting bodies may be considered as internationally agreed standards,
where the Parties' financial regulatory authorities have agreed on such regulatory standards
and participate in such bodies.
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9.

A Party shall, wherever practicable, defer to the regulatory and supervisory frameworks of theother Party. Such deference shall be without prejudice to each Party's right to assess, on thebasis of its own regulatory and supervisory frameworks, the regulatory and supervisory
frameworks of the other Party, including the effective enforcement of such frameworks, witha view to establishing deference. For the purposes of any such assessment, a Party shall not
require that the regulatory and supervisory frameworks of the other Party are identical to its
own frameworks, but shall base its assessment on regulatory outcomes.

10.

In the areas where a Party defers to the regulatory and supervisory frameworks of the otherParty, the Parties shall keep each other informed of how they provide for effective
implementation and enforcement of regulatory and supervisory frameworks, consult with eachother on changes to their respective regulatory and supervisory frameworks, and ensure thatappropriate mechanisms are in place for the exchange of information on supervision andenforcement.

11.

A Party shall, in the process of formulating its planned regulatory or supervisory initiatives, inthe areas of financial services where that Party defers to the regulatory and supervisory
framework of the other Party, give due consideration to the impact of those initiatives on its
decision to defer to the other Party's regulatory and supervisory frameworks.

12.

A Party shall review a measure which has been brought to its attention by a specific written
request of the other Party, which may have an impact on the ability of the other Party's
financial service suppliers to provide financial services within the former Party's territory.
Any such requests for review shall only be made where the impact is material and shall
include a clear explanation of the impact of the measure and its materiality. Any such review
shall consider whether and to what extent the measure may be rendered mutually compatible.

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13.

Each Party may rescind its decision to defer to the regulatory and supervisory frameworks ofthe other Party in a specific area of financial services and revert to the application andenforcement of its own regulatory and supervisory frameworks in circumstances such as, but
not exclusively, where:(a)the regulatory and supervisory frameworks of the other Party are no longer equivalent inoutcome;(b)the other Party fails to enforce its regulatory and supervisory frameworks effectively; or(c)there is insufficient cooperation, including sharing of information, by the other Party inthe areas set out under paragraph 10.

14.

Prior to taking a decision to rescind pursuant to paragraph 13, a Party shall give written
notification of its intention to rescind to the other Party. Following receipt of such
notification, the Parties shall consult with each other within a reasonable timeframe, as agreed
between the Parties. Such consultation may include technical mediation pursuant toparagraphs 26 to 31.

Emerging Issues
15.

To support innovation in the areas of financial services, the Parties shall endeavour tocollaborate, share knowledge, experiences and developments in financial services andfacilitate the cross-border development of new financial services.

16.

The Parties recognise the importance of building a sustainable and inclusive economy
consistent with the outcome document of the United Nations summit for the adoption of the
post-2015 development agenda, entitled "Transforming our world: the 2030 Agenda for
Sustainable Development" adopted by the General Assembly of the United Nations on 25
September 2015, which includes gender equality and action to combat climate change.

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Joint United Kingdom-Japan financial regulatory forum
17.

The Parties establish the Joint United Kingdom-Japan financial regulatory forum on the dateof entry into force of this Agreement (hereinafter referred to in this Annex as "the Forum").

18.

The Forum is in charge of steering regulatory cooperation between the Parties. In particular,
the Forum takes stock of progress and undertakes forward planning of regulatory cooperation.
The Forum shall observe the principles of regulatory cooperation set out in paragraphs 6 to 14
as implemented in the framework envisaged in paragraphs 23 to 25.

19.

Without prejudice to the right of each Party to decide on the composition of its representationin the Forum, the Forum is composed of representatives of the Government of the United
Kingdom, including Her Majesty's Treasury, and the Bank of England and Financial Conduct
Authority and their successors, and the Government of Japan, including the Financial Services
Agency or its successors, which are at technical level in charge of financial services
regulatory issues. Each Party may request the other Party to invite representatives from otherfinancial regulatory or supervisory authorities within the territory of the other Party with aview to contributing to the Forum's discussions and preparatory work in matters related to theactivity of those financial regulatory or supervisory authorities. The other Party should give
positive consideration to such request.

20.

The meetings of the Forum will be co-chaired by senior officials of Her Majesty's Treasury of
the United Kingdom and the Financial Services Agency of Japan, or their respective
successors.

21.

Each Party in the Forum shall designate a contact point to facilitate regulatory cooperation.
The Forum may establish expert working groups to examine specific issues.

22.

The meetings of the Forum shall be held alternately in the United Kingdom and in Japan, atleast once a year, and whenever the members of the Forum consider it necessary. Whennecessary, the meetings may be held alternatively by video conference, where the Parties
agree.

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Framework for regulatory cooperation
23.

The Forum shall develop and apply a framework for regulatory cooperation in order toimplement the provisions of paragraphs 6 to 16.

24.

The framework for regulatory cooperation shall include:(a)without prejudice to each Party's own legislative and administrative processes,
mechanisms for information exchange and consultation with the other Party, inappropriate forms;(b)

guidelines on deference to each other's regulatory and supervisory framework, adapted
where practicable for each specific area of financial regulation;(c)a procedure for reviewing a measure referred to in paragraph 12 which has been brought
to a Party's attention by a specific request of the other Party;(d)exchanges of experiences and best practices on diversity in finance, sustainable financeand other related emerging issues as agreed by the Parties;

25.

(e)

terms of reference and guidelines on the governance of the Forum;(f)a process for the technical mediation referred to in paragraphs 26 to 31; and(g)any other arrangements to enhance regulatory cooperation as agreed by the Parties.

The framework for regulatory cooperation may also envisage specific arrangements tofacilitate cooperation in cross-border supervision and enforcement.

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Technical mediation
26.

The provisions of this Annex shall not be subject to dispute settlement under Chapter 22.

27.

Without prejudice to paragraph 26, each Party may request in writing the other Party toinitiate a process of technical mediation with respect to the principles of regulatory
cooperation set out in paragraphs 6 to 14. The process of technical mediation may be initiatedonly after the Parties agree on its use in a specific matter.

28.

Upon agreement of the Parties to initiate the process pursuant to paragraph 27, the Forumshall establish a working group for technical mediation (hereinafter referred to in this Annex
as the "Working Group"). The Working Group shall be composed of representatives of eachParty, including their relevant financial regulatory or supervisory authorities, and shall bechaired by a mediator with relevant expertise who shall be independent of both Parties andwho shall be appointed by the Forum.

29.

The Working Group shall use its best endeavours to work to agree a resolution to the disputewithin a reasonable timeframe agreed by the Parties.

30.

The chair appointed pursuant to paragraph 28 shall submit a report with the results of thetechnical mediation to the co-chairs of the Forum.

31.

The Parties shall act in good faith in any attempt to resolve any dispute arising under thisAnnex.

______________

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ANNEX 8-B

SCHEDULES FOR CHAPTER 8

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ANNEX I

RESERVATIONS FOR EXISTING MEASURES
Schedule of the United Kingdom
Headnotes
1.

The Schedule of the United Kingdom sets out, under Articles 8.12 and 8.18, the reservations
taken by the United Kingdom with respect to existing measures that do not conform withobligations imposed by:

2.

(a)

Article 8.7 or 8.15;(b)

Article 8.8 or 8.16;(c)

Article 8.9 or 8.17;(d)Article 8.10; or(e)Article 8.11.

The reservations of a Party are without prejudice to the rights and obligations of the Parties
under GATS.

3.

Each reservation sets out the following elements:(a)"sector" refers to the general sector in which the reservation is taken;(b)"sub-sector" refers to the specific sector in which the reservation is taken;

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(c)"industry classification" refers, where applicable, to the activity covered by thereservation according to the CPC, ISIC Rev. 3.1, or as expressly otherwise described inthat reservation;(d)"type of reservation" specifies the obligation referred to in paragraph 1 for which areservation is taken;(e)"level of government" indicates the level of government maintaining the measure forwhich a reservation is taken;(f)"measures" identifies the laws or other measures as qualified, where indicated, by the"description" element for which the reservation is taken. A "measure" cited in the"measures" element:(i)means the measure as amended, continued, or renewed as of the date of entry into
force of this Agreement; and(ii)

includes any subordinate measure adopted or maintained under the authority ofand consistent with the measure; and(g)"description" sets out the non-conforming aspects of the existing measure for which thereservation is taken. It may also set out commitments for liberalisation.

4.

In the interpretation of a reservation, all elements of the reservation shall be considered. A
reservation shall be interpreted in the light of the relevant obligations of the Sections against
which the reservation is taken. To the extent that:(a)the "measures" element is qualified by a liberalisation commitment from the"description" element, the "measures" element as so qualified shall prevail over all otherelements; and

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(b)the "measures" element is not so qualified, the "measures" element shall prevail overother elements unless a discrepancy between the "measures" element and the otherelements considered in their totality is so substantial and material that it would beunreasonable to conclude that the "measures" element prevails, in which case the otherelements shall prevail to the extent of that discrepancy.

5.

For the purposes of the Schedule of the United Kingdom, "ISIC Rev. 3.1" means theInternational Standard Industrial Classification of All Economic Activities as set out in
Statistical Office of the United Nations, Statistical Papers, Series M, No.4, ISIC Rev. 3.1,
2002.

6.

The list of reservations below does not include measures relating to qualification requirements
and procedures, technical standards and licensing requirements and procedures where they do
not constitute a market access or a national treatment limitation within the meaning of
Articles 8.7, 8.8, 8.15, and 8.16. Those measures (e.g. the need to obtain a licence, universal
service obligations, the need to have recognised qualifications in regulated sectors, the need topass specific examinations, including language examinations, and any non-discriminatory
requirements that certain activities may not be carried out in protected zones or areas), even if
not listed, apply in any case.

7.

For greater certainty, non-discriminatory measures do not constitute a market accesslimitation within the meaning of Articles 8.7 and 8.15 for:(a)a measure requiring the separation of the ownership of infrastructure from theownership of the goods or services provided through that infrastructure to ensure faircompetition, for example in the fields of energy, transportation andtelecommunications;(b)a measure restricting the concentration of ownership to ensure fair competition;(c)a measure seeking to ensure the conservation and protection of natural resources and theenvironment, including a limitation on the availability, number and scope ofconcessions granted, and the imposition of a moratorium or ban;

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(d)a measure limiting the number of authorisations granted because of technical or physicalconstraints, for example telecommunications spectra and frequencies; or(e)a measure requiring that a certain percentage of the shareholders, owners, partners, ordirectors of an enterprise be qualified or practise a certain profession such as lawyers or
accountants.

8.

For the avoidance of doubt, with respect to financial services, for prudential reasons within
the context of Article 8.65, the United Kingdom shall not be prevented from applying
measures to branches established in the United Kingdom by companies incorporated in Japan.

9.

Measures affecting cabotage in maritime transport services are not listed in this Schedule as
they are excluded from the scope of Section B of Chapter 8, pursuant to subparagraph 2(a) of
Article 8.6 and Section C of Chapter 8, pursuant to subparagraph 2(a) of Article 8.14.

10.

The following abbreviation is used in the list of reservations below:
UK United Kingdom

List of reservations:
Reservation No. 1 – All sectors
Reservation No. 2 – Professional services (all professions except health related)
Reservation No. 3 – Professional services (health related professions and retail of pharmaceuticals)
Reservation No. 4 – Research and development services
Reservation No. 5 – Business services
Reservation No. 6 – Communication services
Reservation No. 7 – Transport services and services auxiliary to transport services
Reservation No. 8 – Energy related activities
Reservation No. 9 – Agriculture, fishing and manufacturing

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Reservation No. 1 – All sectors
Sector:All sectors

Type of reservation:

Market access
National treatment
Senior management and boards of directors

Section:Investment liberalisation and Cross-border trade in services

Level of government:

Central and Regional

Description:
With respect to Investment liberalisation – Market access, National treatment, Senior management
and boards of directors and Cross-border trade in services – Market access, National treatment:
The UK, when selling or disposing of its equity interests in, or the assets of, an existing state
enterprise or an existing governmental entity providing health, social or education services (CPC 93,92), may prohibit or impose limitations on the ownership of such interests or assets, and on theability of owners of such interests and assets to control any resulting enterprise, by entrepreneurs ofJapan or their enterprises. With respect to such a sale or other disposition, the UK may adopt ormaintain any measure relating to the nationality of senior management or members of the boards of
directors, as well as any measure limiting the number of suppliers.
For the purposes of this reservation:(i)any measure maintained or adopted after the date of entry into force of this Agreement
that, at the time of the sale or other disposition, prohibits or imposes limitations on theownership of equity interests or assets or imposes nationality requirements or imposes
limitations on the numbers of suppliers described in this reservation shall be deemed to
be an existing measure; and(ii)"state enterprise" means an enterprise owned or controlled through ownership interestsby the UK and includes an enterprise established after the date of entry into force of
this Agreement solely for the purposes of selling or disposing of equity interests in, orthe assets of, an existing state enterprise or governmental entity.
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Measures:
As set out in the description element as indicated above.

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Reservation No. 2 - Professional services (all professions except health related)
Sector – sub-sector:

Professional services – legal services and auditing services

Industry classification: Part of CPC 861, CPC 862
Type of reservation:

Market access
National treatment

Section:Investment liberalisation and Cross-border trade in services

Level of government:

Central and Regional

Description:(a)Legal services (part of CPC 861)
For greater certainty, consistent with the Headnotes, requirements to register with a Bar may
include a requirement to having obtained a law degree in the relevant jurisdiction of the UKor equivalent, or having done some training under supervision of a licensed lawyer, or
requiring upon membership an office or a post address within the Bar's jurisdiction. To theextent those requirements are non-discriminatory, they are not listed.
With respect to Investment liberalisation – Market access, National treatment and Crossborder trade in services – Market access, National treatment:
Residency (commercial presence) may be required by the relevant professional or regulatory
body for the provision of some UK domestic legal services. Non-discriminatory legal form
requirements apply.
Measures:
For England and Wales, the Solicitors Act 1974, the Administration of Justice Act 1985 andthe Legal Services Act 2007. For Scotland, the Solicitors (Scotland) Act 1980 and the Legal
Services (Scotland) Act 2010. For Northern Ireland, the Solicitors (Northern Ireland) Order
1976. In addition, the measures applicable in each jurisdiction include any requirements set
by professional and regulatory bodies.

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(b)Auditing services (CPC – 86211, 86212 other than accounting and bookkeeping services)
With respect to Investment liberalisation – National treatment and Cross-border trade inservices – National treatment:
The competent authorities of the UK may recognise the equivalence of the qualifications ofan auditor who is a national of Japan or of any third country in order to approve them to act asa statutory auditor in the UK subject to reciprocity (CPC 8621).
Measures:Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on theannual financial statements, consolidated financial statements and related reports of certain
types of undertakings, amending Directive 2006/43/EC of the European Parliament and of theCouncil and repealing Council Directives 78/660/EEC and 83/349/EEC; andDirective 2006/43/EC on statutory audits of annual accounts and consolidated accounts.

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Reservation No. 3 - Professional services (health related professions and retail ofpharmaceuticals)
Sector – sub-sector:

Professional services – veterinary services

Industry classification: CPC 932
Type of reservation:

Market access

Section:Investment liberalisation and Cross-border trade in services

Level of government:

Central and Regional

Description:
Veterinary services (CPC 932)
With respect to Investment liberalisation – Market access and Cross-border trade in services –Market access:The supply of veterinary services is restricted to natural persons or partnerships. Physical presence
is required to perform veterinary surgery. The practice of veterinary surgery is reserved toveterinary surgeons who are members of the Royal College of Veterinary Surgeons (RCVS).
Measures:
Veterinary Surgeons Act 1966.

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Reservation No. 4 - Research and development services
Sector – sub-sector:

Research and development (R&D) services

Industry classification: CPC 851, 853
Type of reservation:

Market access
National treatment

Section:Investment liberalisation and Cross-border trade in services

Level of government:

Central and Regional

Description:
For publicly funded research and development (R&D) services benefitting from funding provided
by the UK, exclusive rights or authorisations may only be granted to nationals of the UK and tojuridical persons of the UK having their registered office, central administration or principal placeof business in the UK (CPC 851, 853).
This reservation is without prejudice to the exclusion of procurement by a Party or subsidies insubparagraphs 2(c) and (e) of Article 8.14, and paragraphs 5 and 6 of Article 8.12.
Measures:All currently existing and all future research or innovation programmes.

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Reservation No. 5 - Business services
Sector – sub-sector:

Business services - rental or leasing services without operators andother business services

Industry classification:

Part of CPC 831

Type of reservation:

Market access
National treatment
Most-favoured-nation treatment

Section:Investment and Cross-border trade in services

Level of government:

Central and Regional

Description:
Rental or leasing services and other business services related to aviation
With respect to Investment liberalisation - Market access, National treatment, Most-favoured-nation
treatment, and Cross-border trade in services - Market access, National treatment, Most-favourednation treatment:
For rental or leasing of aircraft without crew (dry lease) aircraft used by an air carrier of the UK aresubject to applicable aircraft registration requirements. A dry lease agreement to which a UK
carrier is a party shall be subject to requirements in the national law on aviation safety, such asprior approval and other conditions applicable to the use of third countries' registered aircraft. To beregistered, aircraft may be required to be owned either by natural persons meeting specificnationality criteria or by enterprises meeting specific criteria regarding ownership of capital andcontrol (CPC 83104).
With respect to computer reservation system (CRS) services, where the UK air carriers are notaccorded, by CRS services suppliers operating outside the UK, equivalent (meaning nondiscriminatory) treatment to that provided in the UK, or where UK CRS services suppliers are notaccorded, by non-UK air carriers, equivalent treatment to that provided in the UK, measures may betaken to accord equivalent treatment, respectively, to the non-UK air carriers by the CRS services
suppliers operating in the UK, or to the non-UK CRS services suppliers by UK air carriers.

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Measures:
Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September
2008 on common rules for the operation of air services in the Community (Recast); and Regulation(EC) No 80/2009 of the European Parliament and of the Council of 14 January 2009 on a Code of
Conduct for computerised reservation systems and repealing Council Regulation (EEC) No
2299/89.

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Reservation No. 6 - Communication services
Sector – sub-sector:

Communication services - postal and courier services

Industry classification:

Part of CPC 71235, part of CPC 73210, part of CPC 751

Type of reservation:

Market access

Section:Investment liberalisation and Cross-border trade in services

Level of government:

Central and Regional

Description:
Postal and courier services (part of CPC 71235, part of CPC 73210, part of CPC 751)
With respect to Investment liberalisation - Market access and Cross-border trade in services Market access:The organisation of the siting of letter boxes on the public highway, the issuing of postage stamps
and the provision of the registered mail service used in the course of judicial or administrative
procedures may be restricted in accordance with national legislation. Licensing systems may beestablished for those services for which a general universal service obligation exists. These licences
may be subject to particular universal service obligations or a financial contribution to acompensation fund.
Measures:Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on
common rules for the development of the internal market of Community postal services and theimprovement of quality of service, as amended by Directive 2002/39/EC and Directive
2008/06/EC.

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Reservation No. 7 - Transport services and services auxiliary to transport services
Sector – sub-sector:

Transport services - auxiliary services for water transport; auxiliary
services to rail transport; services auxiliary to road transport;
services auxiliary to air transport services; provision of combinedtransport services

Industry classification: CPC 711, 712, 721, 741, 742, 743, 744, 745, 748, 749, 7469
Type of reservation:

Market access
National treatment
Most-favoured-nation treatment

Section:Investment liberalisation and Cross-border trade in services

Level of government:

Central and Regional

Description:(a)Services auxiliary to air transport services (CPC 7469)
With respect to Investment liberalisation - Market access, National treatment, Most-favourednation treatment, and Cross-border trade in services - Market access, National treatment,
Most-favoured-nation treatment:
For groundhandling services, establishment within the UK’s territory may be required. The
level of openness of groundhandling services depends on the size of airport. The number ofsuppliers in each airport may be limited. For "big airports", this limit may not be less than two
suppliers.
Measures:Directive 96/67/EC of 15 October 1996 on access to the groundhandling market atCommunity airports.

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(b)Supporting services for all modes of transport (part of CPC 748)With respect to Investment liberalisation - National treatment and Cross-border trade inservices - Market access, National treatment:
Customs clearance services may only be provided by UK residents.
Measures:Taxation (Cross-Border Trade) Act 2018.

(c)

Provision of combined transport services (CPC 711, 712, 7212, 741, 742, 743, 744, 745, 748,
749)
With respect to Investment liberalisation - Market access and Cross-border trade in services Market access:Only hauliers established in the UK who meet the conditions of access to the occupation andaccess to the market for transport of goods in the UK may, in the context of a combinedtransport operation in the UK, carry out initial or final road haulage legs which form an
integral part of the combined transport operation and which may or may not include thecrossing of a frontier. Limitations affecting any given modes of transport apply.
Necessary measures can be taken to ensure that the motor vehicle taxes applicable to roadvehicles routed in combined transport are reduced or reimbursed.
Measures:Directive 92/106/EEC of 7 December 1992 on the establishment of common rules for certain
types of combined transport of goods between Member States.

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Reservation No. 8 – Energy related activities
Sector – sub-sector:

Energy related activities - mining and quarrying

Industry classification: ISIC Rev. 3.1 11, CPC 8675, 883
Type of reservation:

Market access

Section:Investment liberalisation and Cross-border trade in services

Level of government:

Central and Regional

Description:
Mining and quarrying (ISIC Rev. 3.1 11, CPC 8675, 883)
With respect to Investment liberalisation – Market access and Cross-border trade in services –Market access:A licence is necessary to undertake exploration and production activities on the UK Continental
Shelf ("UKCS"), and to provide services which require direct access to or exploitation of natural
resources.
This reservation applies to production licences issued with respect to the UKCS. To be a Licensee,
a company must have a place of business within the UK. That means either:(i)a staffed presence in the UK;(ii) registration of a UK company at Companies House; or(iii) registration of a UK branch of a foreign company at Companies House.
This requirement exists for any company applying for a new licence and for any company seeking
to join an existing licence by assignment. It applies to all licences and to all enterprises, whether
operator or not. To be a party to a Licence that covers a producing field, a company must: (a) be
registered at Companies House as a UK company; or (b) carry on its business through a fixed placeof business in the UK as defined in section 148 of the Finance Act 2003 (which normally requires astaffed presence) (ISIC Rev. 3.1 11, CPC 8675, 883).

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Measures:
Petroleum Act 1998.

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Reservation No. 9 - Agriculture, fishing and manufacturing
Sector – sub-sector:

Agriculture, hunting, forestry

Industry classification: ISIC Rev. 3.1 11, 12, 13, 14, 15, 1531
Type of reservation:

Prohibition of performance requirements

Section:Investment liberalisation

Level of government:

Central and Regional

Description:
Agriculture, hunting and forestry (ISIC Rev. 3.1 11, 12, 13, 14, 15, 1531)
With respect to Investment liberalisation – Prohibition of performance requirements:
The intervention agencies designated by the UK shall buy cereals which have been harvested in the
UK. No export refund shall be granted on rice imported from and re-exported to Japan or any third
country. Only UK rice producers may claim compensatory payments.
Measures:
Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation ofagricultural markets and on specific provisions for certain agricultural products (Single CMO
Regulation).

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Schedule of Japan
Headnotes
1.

This Schedule sets out, in accordance with Articles 8.12, 8.18 and 8.24, the reservations taken
by Japan with respect to existing measures that do not conform with the obligations imposed
by:1

2.

(a)

Article 8.7 or 8.15;(b)

Article 8.8 or 8.16;(c)

Article 8.9 or 8.17;(d)Article 8.10; or(e)Article 8.11.

Each reservation sets out the following elements:(a)"Sector" refers to the general sector in which the reservation is taken;(b)"Sub-Sector" refers to the specific sector in which the reservation is taken;(c)"Industry Classification" refers, where applicable, and only for transparency purposes,to the activity covered by the reservation according to domestic or international industry
classification codes;(d)"Obligations Concerned" specifies the obligations referred to in paragraph 1 for which
the reservation is taken;(e)"Level of Government" indicates the level of government maintaining the measure forwhich the reservation is taken;

1

For transparency purposes, reservations in this Schedule may include measures taken by
Japan in accordance with Article 1.5 or 8.3.
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(f)"Measures" identifies the existing laws, regulations or other measures for which thereservation is taken. A measure cited in the "Measures" element:(i)means the measure as amended, continued, or renewed as of the date of entry into
force of this Agreement; and(ii)

includes any subordinate measure adopted or maintained under the authority ofand consistent with the measure; and(g)"Description" sets out, with regard to the obligations referred to in paragraph 1, the nonconforming aspects of the existing measures for which the reservation is taken.

3.

In the interpretation of a reservation, all elements of the reservation shall be considered. A
reservation shall be interpreted in the light of the relevant provisions of the Sections against
which the reservation is taken, and the "Measures" element shall prevail over all the otherelements.

4.

With respect to financial services:(a)for prudential reasons within the context of Article 8.65, Japan shall not be prevented
from taking measures such as non-discriminatory limitations on juridical forms of acommercial presence. For the same reasons, Japan shall not be prevented from applying
non-discriminatory limitations concerning admission to the market of new financial
services which shall be consistent with a regulatory framework aimed at achieving those
prudential objectives. In this context, securities firms are allowed to deal in securities
defined in the relevant laws of Japan, and banks are not allowed to deal in thosesecurities unless allowed in accordance with those laws; and(b)services supplied in the territory of the United Kingdom to the service consumer inJapan without any active marketing from the service supplier are considered as services
supplied under subparagraph (d)(ii) of Article 8.2.

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5.

With respect to maritime transport services, measures affecting cabotage in maritime transport
services are not listed in this Schedule, as these are excluded from the scope of Section B of
Chapter 8, pursuant to subparagraph 2(a) of Article 8.6 and Section C of Chapter 8, pursuant
to subparagraph 2(a) of Article 8.14.

6.

Laws and regulations of Japan with regard to spectrum availability affecting obligations under
Articles 8.7 and 8.15 are not included in this Schedule of Japan, taking into account the
Attachment 6 of Guidelines for the Scheduling of Specific Commitments (WTO Document
S/L/92, dated 28 March, 2001).

7.

For the purposes of the Schedule of Japan in this Annex, "JSIC" means Japan Standard
Industrial Classification set out by the Ministry of Internal Affairs and Communications, andrevised on 30 October 2013.

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1

Sector:Agriculture, Forestry and Fisheries, and Related Services (except
fisheries within the territorial sea, internal waters, exclusive economic
zone and continental shelf provided for in the reservation No. 11 in the
Schedule of Japan in Annex II to Annex 8-B)

Sub-Sector:
Industry

JSIC 01

Agriculture

Classification:

JSIC 02

Forestry

JSIC 03

Fisheries, except aquaculture

JSIC 04

Aquaculture

JSIC 6324

Agricultural cooperatives

JSIC 6325

Fishery and fishery processing cooperatives

JSIC 871

Agriculture, forestry and fisheries cooperative
associations, n.e.c.

Obligations

National treatment (Article 8.8)

Concerned:
Level ofCentral Government

Government:
Measures:

Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949),
Article 271
Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261
of 1980), Article 3

1

For greater certainty, for the purposes of this reservation, the definition of "inward direct
investment" provided in Article 26 of the Foreign Exchange and Foreign Trade Law applies
with respect to the interpretation of this reservation.
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Description:

Investment liberalisation
1.

The prior notification requirement and screening procedures
under the Foreign Exchange and Foreign Trade Law apply toforeign investors who intend to make investments in agriculture,
forestry and fisheries, and related services (except fisheries
within the territorial sea, internal waters, exclusive economic
zone and continental shelf provided for in the reservation No. 11
in the Schedule of Japan in Annex II to Annex 8-B) in Japan.

2.

The screening is conducted from the viewpoint of whether theinvestment is likely to cause a situation in which significant
adverse effect is brought to the smooth operation of the Japanese
economy.1

3.

The investor may be required to alter the content of theinvestment or discontinue the investment process, depending on
the screening result.

1

For greater certainty, absence of reference in this description to "national security", which isreferred to in the reservations No. 10, 12, 13, 15, 37, 43, 44, 52 and 54 in the Schedule ofJapan in this Annex, does not mean that Article 1.5 does not apply to the screening or thatJapan waives its right to invoke Article 1.5 to justify the screening.
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2

Sector:Automobile Maintenance Business

Sub-Sector:

Specified Motor Vehicle Maintenance and Repair BusinessIndustry

JSIC 89

Automobile maintenance services

Classification:
Obligations

Market access (Article 8.15)

Concerned:
Level ofCentral Government

Government:
Measures:

Road Vehicle Law (Law No. 185 of 1951), Chapter 6

Description:

Cross-border trade in services
A person who intends to conduct specified motor vehicle maintenanceand repair businesses is required to establish a workplace in Japan andto obtain an approval of the Director-General of the District Transport
Bureau having jurisdiction over the district where the workplace islocated.

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3

Sector:Business Services

Sub-Sector:
Industry

JSIC 9111

Employment services

Classification:

JSIC 9121

Worker dispatching services

Obligations

Market access (Articles 8.7 and 8.15)

Concerned:
Level ofCentral Government

Government:
Measures:

Employment Security Law (Law No. 141 of 1947), Chapters 3 and 3-3
Law Concerning Securing the Proper Operation of Worker
Dispatching Undertakings and Protecting Dispatched Workers (Law
No. 88 of 1985), Chapter 2
Port Labour Law (Law No. 40 of 1988), Chapter 4
Mariner's Employment Security Law (Law No. 130 of 1948),
Chapter 3
Law Concerning the Improvement of Employment of Construction
Workers (Law No. 33 of 1976), Chapters 5 and 6

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Description:

Investment liberalisation and Cross-border trade in services
1.

A person who intends to supply the following services forenterprises in Japan is required to have a place of business inJapan and to obtain permission from, or to submit notification to,
the competent authority, as applicable:(a)private job placement services including fee-charging job
placement services for construction workers and job
placement services for seafarers; or(b)worker dispatching services including stevedore
dispatching services, mariner dispatching services andwork opportunities securing services for construction
workers.

2.

Labour supply services may be supplied only by a labour union
which has obtained permission from the competent authority
pursuant to the Employment Security Law or Mariner's
Employment Security Law.

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4

Sector:Collection Agency Services

Sub-Sector:
Industry

JSIC 6619

Miscellaneous financial auxiliaries

Classification:

JSIC 7299

Professional services, n.e.c.

Obligations

Market access (Articles 8.7 and 8.15)

Concerned:
Level ofCentral Government

Government:
Measures:

Special Measures Law Concerning Credit Management and Collection
Business (Law No. 126 of 1998), Articles 3 and 4
Attorney Law (Law No. 205 of 1949), Articles 72 and 73

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Description:

Investment liberalisation and Cross-border trade in services
1.

A person who intends to supply collection agency services whichconstitute the practice of law in respect of legal cases is required
to be qualified as an attorney-at-law under the laws andregulations of Japan ("Bengoshi"), a legal professional
corporation under the laws and regulations of Japan ("Bengoshihojin") or a legal person established under the Special Measures
Law Concerning Credit Management and Collection Businessand to establish an office in Japan.

2.

No person may take over and recover other person's credits as
business except a legal person established under the Special
Measures Law Concerning Credit Management and Collection
Business that handles credits pursuant to provisions of that law.

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5

Sector:Construction

Sub-Sector:
Industry

JSIC 06

Classification:

Construction work, general, including public andprivate construction work

JSIC 07

Construction work by specialist contractor, except
equipment installation work

JSIC 08
Obligations

Equipment installation work

Market access (Article 8.15)

Concerned:
Level ofCentral Government

Government:
Measures:

Construction Business Law (Law No. 100 of 1949), Chapter 2
Law Concerning Recycling of Construction Materials (Law No. 104 of
2000), Chapter 5

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Description:

Cross-border trade in services
1.

A person who intends to conduct construction business isrequired to establish a place of business in Japan and to obtain
permission from the Minister of Land, Infrastructure, Transport
and Tourism or from the prefectural governor having jurisdiction
over the district where the place of business is located.

2.

A person who intends to conduct demolition work business isrequired to establish a place of business in Japan and to beregistered with the prefectural governor having jurisdiction overthe district where the place of business is located.

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6

Sector:Distribution Services

Sub-Sector:

Wholesale Trade Services, Retailing Services, and Commission
Agents' Services, Related to Alcoholic Beverages

Industry

JSIC 5222

Liquors

Classification:

JSIC 5851

Liquor stores

Obligations

Market access (Articles 8.7 and 8.15)

Concerned:
Level ofCentral Government

Government:
Measures:

Liquor Tax Law (Law No. 6 of 1953), Articles 9 to 11

Description:

Investment liberalisation and Cross-border trade in services
The number of licences conferred to service suppliers in those SubSectors may be limited, where it is necessary to maintain a supplydemand balance of liquors in order to secure liquor tax revenue(paragraph 11 of Article 10 of the Liquor Tax Law).

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7

Sector:

Education and Learning Support

Sub-Sector:

Higher Educational Services

Industry

JSIC 816

Institution of higher education

Classification:
Obligations

Market access (Articles 8.7 and 8.15)

Concerned:
Level ofCentral Government

Government:
Measures:Fundamental Law of Education (Law No. 120 of 2006), Article 6
School Education Law (Law No. 26 of 1947), Article 2
Private School Law (Law No. 270 of 1949), Article 3

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Description:

Investment liberalisation and Cross-border trade in services
1.

Higher educational services supplied as formal education in
Japan are required to be supplied by formal education
institutions. Formal education institutions must be established byschool juridical persons.

2.

"Formal education institutions" means elementary schools, lower
secondary schools, secondary schools, compulsory education
schools, upper secondary schools, universities, junior colleges,colleges of technology, schools for special needs education,kindergartens and integrated centres for early childhood
education and care.

3.

"School juridical person" means a non-profit legal person
established for the purposes of supplying educational services
under the laws and regulations of Japan.

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8

Sector:Financial Services

Sub-Sector:

Banking and Other Financial Services(excluding Insurance and Insurance-Related Services)

Industry

JSIC 622

Banks, except central bank

Classification:

JSIC 631

Financial institutions for small-businesses

Obligations

National treatment (Article 8.8)

Concerned:
Level ofCentral Government

Government:
Measures:

Deposit Insurance Law (Law No. 34 of 1971), Article 2

Description:

Investment liberalisation
The deposit insurance system does not cover deposits taken bybranches of foreign banks.

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9

Sector:Financial Services

Sub-Sector:

Insurance and Insurance-Related Services

Industry

JSIC 672

Non-life insurance institutions

Classification:

JSIC 6742

Non-life insurance agents and brokers

Obligations

Market access (Article 8.15)

Concerned:
Level ofCentral Government

Government:
Measures:

Insurance Business Law (Law No.105 of 1995), Articles 185, 186, 275
to 277, 286 and 287
Cabinet Order for Enforcement of Insurance Business Law (Cabinet
Order No. 425 of 1995), Articles 19 and 39-2
Ministerial Ordinance for Enforcement of Insurance Business Law(Ministerial Ordinance of the Ministry of Finance No. 5 of 1996),
Articles 116 and 212-6

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Description:

Cross-border trade in services
Commercial presence is in principle required for insurance contracts
on the following items and any liability arising therefrom:(a)goods being transported within Japan; and(b)ships of Japanese registration which are not used forinternational maritime transport.

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10

Sector:Heat Supply

Sub-Sector:
Industry

JSIC 3511

Heat supply

Classification:
Obligations

National treatment (Article 8.8)

Concerned:
Level ofCentral Government

Government:
Measures:

Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949),
Article 271
Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261
of 1980), Article 3

1

For greater certainty, for the purposes of this reservation, the definition of "inward direct
investment" provided in Article 26 of the Foreign Exchange and Foreign Trade Law applies
with respect to the interpretation of this reservation.
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Description:

Investment liberalisation
1.

The prior notification requirement and screening procedures
under the Foreign Exchange and Foreign Trade Law apply toforeign investors who intend to make investments in the heat
supply industry in Japan.

2.

The screening is conducted from the viewpoint of whether theinvestment is likely to cause a situation in which national
security is impaired, the maintenance of public order isdisturbed, or the protection of public safety is hindered.

3.

The investor may be required to alter the content of theinvestment or discontinue the investment process, depending on
the screening result.

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11

Sector:Information and Communications

Sub-Sector:

Telecommunications

Industry

JSIC 3700

Classification:

Head offices primarily engaged in managerial
operations

JSIC 3711

Regional telecommunications, except wired
broadcast telephones

JSIC 3731

Services incidental to telecommunications

Obligations

Market access (Article 8.7)

Concerned:

National treatment (Article 8.8)
Senior management and boards of directors (Article 8.10)

Level ofCentral Government

Government:
Measures:

Law Concerning Nippon Telegraph and Telephone Corporation, Etc.
(Law No. 85 of 1984), Articles 6 and 10

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Description:

Investment liberalisation
1.

Nippon Telegraph and Telephone Corporation may not enter thename and address in its register of shareholders if the aggregateof the ratio of the voting rights directly or indirectly held by the
persons set forth in subparagraphs (a) to (c) reaches or exceeds
one-third:

2.

(a)

a natural person who does not have Japanese nationality;(b)a foreign government or its representative; and(c)a foreign legal person or a foreign entity.

Any natural person who does not have Japanese nationality may
not assume the office of director or auditor of Nippon Telegraphand Telephone Corporation, Nippon Telegraph and Telephone
East Corporation and Nippon Telegraph and Telephone West
Corporation.

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12

Sector:Information and Communications

Sub-Sector:

Telecommunications and Internet Based Services

Industry

JSIC 3711

Regional telecommunications, except wired

Classification1:

Obligations

broadcast telephones
JSIC 3712

Long-distance telecommunications

JSIC 3713

Wired broadcast telephones

JSIC 3719

Miscellaneous fixed telecommunications

JSIC 3721

Mobile telecommunications

JSIC 4011*

Web portal providers

JSIC 4012*

Application services providers

JSIC 4013

Internet support services

National treatment (Article 8.8)

Concerned:
Level ofCentral Government

Government:
Measures:

Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949),
Articles 27 and 282
Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261
of 1980), Articles 3 and 4

1

2

An asterisk (*) on the JSIC numbers indicates that the activities covered by this reservation
under such numbers are limited to the activities which are subject to the registration
obligation under Article 9 of the Telecommunications Business Law (Law No. 86 of 1984).
For greater certainty, for the purposes of this reservation, the definition of "inward direct
investment" and "specified acquisition" provided in Article 26 of the Foreign Exchange andForeign Trade Law applies with respect to the interpretation of this reservation.
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Description:

Investment liberalisation
1.

The prior notification requirement and screening procedures
under the Foreign Exchange and Foreign Trade Law apply toforeign investors who intend to make investments intelecommunications business and internet based services inJapan.

2.

The screening is conducted from the viewpoint of whether theinvestment is likely to cause a situation in which national
security is impaired, the maintenance of public order isdisturbed, or the protection of public safety is hindered.

3.

The investor may be required to alter the content of theinvestment or discontinue the investment process, depending on
the screening result.

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13

Sector:Manufacturing and Information and Communications

Sub-Sector:

Manufacture of Electronic Parts, Devices, and Electronic Circuits andInformation Services

Industry

JSIC 2814

Integrated circuits

Classification:

JSIC 2831

Semiconductor memory media

JSIC 2832

Optical discs and magnetic tapes and discs

JSIC 2842

Electronic circuit implementation board

JSIC 3011

Communication equipment wired

JSIC 3012

Mobile phone and PHS

JSIC 3013

Radio communication equipment

JSIC 3031

Computer, except personal computer

JSIC 3032

Personal computer

JSIC 3033

External storages

JSIC 3911

Custom software services

JSIC 3912

Embedded software services

JSIC 3913

Package software services

JSIC 3921

Data processing services

Obligations

National treatment (Article 8.8)

Concerned:
Level ofCentral Government

Government:
Measures:

Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949), Articles
27 and 281
Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261 of
1980), Articles 3 and 4

1

For greater certainty, for the purposes of this reservation, the definition of "inward direct
investment" and "specified acquisition" provided in Article 26 of the Foreign Exchange andForeign Trade Law applies with respect to the interpretation of this reservation.
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Description:

Investment liberalisation
1.

The prior notification requirement and screening procedures under
the Foreign Exchange and Foreign Trade Law apply to foreign
investors who intend to make investments in manufacturingindustry of electronic parts, devices, and electronic circuits andinformation service industry in Japan.

2.

The screening is conducted from the viewpoint of whether theinvestment is likely to cause a situation in which national security isimpaired, the maintenance of public order is disturbed, or theprotection of public safety is hindered.

3.

The investor may be required to alter the content of the investment
or discontinue the investment process, depending on the screening
result.

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14

Sector:Manufacturing

Sub-Sector:

Shipbuilding and Repairing, and Marine Engines

Industry

JSIC 3131

Shipbuilding and repairing

Classification:
Obligations

Market access (Articles 8.7 and 8.15)

Concerned:
Level ofCentral Government

Government:
Measures:Shipbuilding Law (Law No. 129 of 1950), Articles 2 to 3-2

Description:

Investment liberalisation and Cross-border trade in services
A person who intends to establish or extend docks, which can be used
to manufacture or repair vessels of 500 gross tonnage or more or 50
metres in length or more, is required to obtain permission from the
Minister of Land, Infrastructure, Transport and Tourism. The
issuance of a licence is subject to the requirements of an economic
needs test.

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15

Sector:Manufacturing

Sub-Sector:

Drugs and Medicines, and Medical Devices Manufacturing

Industry

JSIC 165*

Medicines

Classification1:

JSIC 1653

Biological preparations

Pharmaceutical intermediates in JSIC Division E (Manufacturing),
which relate to JSIC 165 and 1653.
JSIC 274*

Medical instruments and apparatus, and medical
supplies

Obligations

JSIC 296*Electronic equipment

JSIC 2973*

Medical measuring instruments

National treatment (Article 8.8)

Concerned:
Level ofCentral Government

Government:
Measures:

Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949),
Article 272
Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261
of 1980), Article 3

1

2

An asterisk (*) on the JSIC numbers indicates that the activities covered by this reservation
under such numbers are limited to the activities related to manufacturing industry of agentsagainst pathogenic organisms and parasites, their pharmaceutical intermediates and speciallycontrolled medical devices.
For greater certainty, for the purposes of this reservation, the definition of "inward direct
investment" provided in Article 26 of the Foreign Exchange and Foreign Trade Law applies
with respect to the interpretation of this reservation.
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Description1:

Investment liberalisation
1.

The prior notification requirement and screening procedures
under the Foreign Exchange and Foreign Trade Law apply toforeign investors who intend to make investments in biologicalpreparations manufacturing industry, manufacturing industry ofagents against pathogenic organisms and parasites, and theirpharmaceutical intermediates and manufacturing industry of
specially-controlled medical devices and their accessories, andcomponents of specially-controlled medical devices or theiraccessories in Japan.

2.

The screening is conducted from the viewpoint of whether theinvestment is likely to cause a situation in which national
security is impaired, the maintenance of public order isdisturbed, or the protection of public safety is hindered.

3.

The investor may be required to alter the content of theinvestment or discontinue the investment process, depending on
the screening result.

1

For the purposes of this reservation:(a) "biological preparations manufacturing industry" deals with economic activities in an
establishment which produces vaccine, serum, toxoid, antitoxin, and some preparations
similar to the aforementioned products, or blood products;(b) "agents against pathogenic organisms and parasites" means the pharmaceutical products
which are categorised as agents against pathogenic organisms and parasites, and whichhave received marketing approval, under the laws and regulations of Japan; and(c) "specially-controlled medical devices" means medical devices which have received
marketing approval or certification as specially-controlled medical devices under the laws
and regulations of Japan.
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16

Sector:Manufacturing

Sub-Sector:

Leather and Leather Products Manufacturing

Industry

JSIC 1189*1

Textile apparel and accessories, n.e.c.

Classification1:

JSIC 1694*2

Gelatine and adhesives

JSIC 192

Rubber and plastic footwear and its findings

JSIC 2011

Leather tanning and finishing

JSIC 2021

Mechanical leather products, except gloves andmittens

1

JSIC 2031

Cut stock and findings for boots and shoes

JSIC 2041

Leather footwear

JSIC 2051

Leather gloves and mittens

JSIC 2061

Baggage

JSIC 207

Handbags and small leather cases

JSIC 2081

Fur skins

JSIC 2099

Miscellaneous leather products

JSIC 3253*1

Sporting and athletic goods

An asterisk (*1) on the JSIC numbers indicates that the activities covered by this reservation
under such numbers are limited to the activities related to leather and leather products
manufacturing. An asterisk (*2) on the JSIC number indicates that the activities covered bythis reservation under such number are limited to the activities related to animal glue (nikawa)and gelatine manufacturing.
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Obligations

National treatment (Article 8.8)

Concerned:
Level ofCentral Government

Government:
Measures:

Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949),
Article 271
Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261
of 1980), Article 3

1

For greater certainty, for the purposes of this reservation, the definition of "inward direct
investment" provided in Article 26 of the Foreign Exchange and Foreign Trade Law applies
with respect to the interpretation of this reservation.
- 860
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2020/10/23

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Description:

Investment liberalisation
1.

The prior notification requirement and screening procedures
under the Foreign Exchange and Foreign Trade Law apply toforeign investors who intend to make investments in leather andleather products manufacturing industry in Japan.

2.

The screening is conducted from the viewpoint of whether theinvestment is likely to cause a situation in which significant
adverse effect is brought to the smooth operation of theJapanese economy.1

3.

The investor may be required to alter the content of theinvestment or discontinue the investment process, depending on
the screening result.

1

For greater certainty, absence of reference in this description to "national security", which isreferred to in the reservations No. 10, 12, 13, 15, 37, 43, 44, 52 and 54 in the Schedule ofJapan in this Annex, does not mean that Article 1.5 does not apply to the screening or thatJapan waives its right to invoke Article 1.5 to justify the screening.
- 861
861 -

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19:32:25

17

Sector:Matters Related to the Nationality of a Ship

Sub-Sector:
Industry
Classification:
Obligations

Market access (Articles 8.7 and 8.15)

Concerned:

National treatment (Articles 8.8 and 8.16)
Senior management and boards of directors (Article 8.10)

Level ofCentral Government

Government:
Measures:

Ship Law (Law No.46 of 1899), Article 1

- 862
862 -

02-2-2_英文【附属書】858-1090.indd862

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Description:

Investment liberalisation and Cross-border trade in services
1.

Nationality requirement applies to the supply of international
maritime transport services (including services of passenger
transportation and freight transportation) through establishmentof a registered company operating a fleet flying the Japanese
flag.

2.

"Nationality requirement" means that the ship is required to beowned by a Japanese national, or a company established under
the laws and regulations of Japan, of which all the
representatives and not less than two-thirds of the executives
administering the affairs are Japanese nationals.

- 863
863 -

02-2-2_英文【附属書】858-1090.indd863

2020/10/23

19:32:27

18

Sector:Measuring Services

Sub-Sector:
Industry

JSIC 7441

Commodity inspection services

Classification:

JSIC 745

Surveyor certification

Obligations

Market access (Article 8.15)

Concerned:
Level ofCentral Government

Government:
Measures:

Measurement Law (Law No. 51 of 1992), Chapters 3, 5, 6 and 8
Regulations on Measurement Law (Ministerial Ordinance of the
Ministry of International Trade and Industry No. 69 of 1993)
Ministerial Ordinance for Designated Inspection Body, Designated
Verification Body, Designated Measurement Certification Inspection
Body and Specified Measurement Certification Accreditation Body
(Ministerial Ordinance of the Ministry of International Trade andIndustry No. 72 of 1993)

- 864
864 -

02-2-2_英文【附属書】858-1090.indd864

2020/10/23

19:32:29

Description1:

1

Cross-border trade in services

For the purposes of this reservation:(a) "measuring instruments" means appliances, machines or equipment used formeasurement;(b) "specified measuring instruments" means measuring instruments used in transactions or
certifications, or measuring instruments principally for use in the life of general
consumers, and those specified by a Cabinet Order as necessary to establish standards
relating to their structure and instrumental error in order to ensure proper execution of
measurements;(c) "measurement certification businesses" under the requirement described in paragraph 3
are listed in the following and the registration shall be in accordance with the businessclassification specified by the Ordinance of the Ministry of Economy, Trade andIndustry:(i) the business of measurement certifications of length, weight, area, volume or heatconcerning goods to be loaded/unloaded or entered/dispatched for transportation,
deposit or sale or purchase (excluding the measurement certifications of mass orvolume of goods to be loaded on or unloaded from ship); and(ii) the business of measurement certifications of concentration, sound pressure levelor the quantity of other physical phenomena specified by a Cabinet Order(excluding what is listed in (i));
however, this requirement does not apply to the case where a person engaged in themeasurement certification business is a national government, a local government, or an
incorporated administrative agency prescribed by paragraph 1 of Article 2 of the Law
on General Rules for Incorporated Administrative Agency (Law No. 103 of 1999) who
is designated by a Cabinet Order as competent to appropriately perform themeasurement certification business, or where the measurement certification business isperformed by a person who has been registered or designated or received any otherdisposition to conduct that business pursuant to the provision of the law specified bythat Cabinet Order; and(d) "specified measurement certification business" means the business specified by a
Cabinet Order as those requiring high levels of technology to certify measurement ofconsiderably tiny quantities of physical phenomena prescribed in subparagraph (c)(ii).
- 865
865 -

02-2-2_英文【附属書】858-1090.indd

865

2020/10/23

19:32:30

1.

A person who intends to supply services of conducting theperiodic inspection of specified measuring instruments isrequired to establish a legal person in Japan and to be
designated by the prefectural governor having jurisdiction overthe district where the person intends to conduct that inspection,or by the mayor of a designated city or the chief of a designatedward or village in case the place where the person intends to
conduct that inspection is located within the district of thatdesignated city, ward or village.

2.

A person who intends to supply services of conducting theverification of specified measuring instruments is required toestablish a legal person in Japan and to be designated by the
Minister of Economy, Trade and Industry.

3.

A person who intends to conduct measurement certification
business, including specified measurement certification
business, is required to have a place of business in Japan and to
be registered with the prefectural governor having jurisdiction
over the district where the place of business is located.

- 866
866 -

02-2-2_英文【附属書】858-1090.indd866

2020/10/23

19:32:31

4.

A person who intends to supply services of conducting theinspection of specified measuring instruments used for themeasurement certification is required to establish a legal person
in Japan and to be designated by the prefectural governor
having jurisdiction over the district where the person intends to
conduct that inspection.

5.

A person who intends to supply services of conducting theaccreditation for a person engaged in specified measurement
certification business is required to establish a legal person in
Japan, and to be designated by the Minister of Economy, Tradeand Industry.

6.

A person who intends to supply services of conducting thecalibration of measuring instruments is required to establish alegal person in Japan and to be designated by the Minister of
Economy, Trade and Industry.

- 867
867 -

02-2-2_英文【附属書】858-1090.indd867

2020/10/23

19:32:32

19

Sector:Medical, Health Care and Welfare

Sub-Sector:
Industry
Classification:
Obligations

JSIC 8599

Miscellaneous social insurance, social welfare andcare services

Market access (Articles 8.7 and 8.15)

Concerned:
Level ofCentral Government

Government:
Measures:

Law Concerning Collection of Labour Insurance Premium (Law No.
84 of 1969), Chapter 4
Enforcement Regulations for the Law Concerning Collection ofLabour Insurance Premium (Ministerial Ordinance of the Ministry ofLabour No. 8 of 1972)

- 868
868 -

02-2-2_英文【附属書】858-1090.indd868

2020/10/23

19:32:33

Description:

Investment liberalisation and Cross-border trade in services
Only an association of business proprietors or a federation of those
associations approved by the Minister of Health, Labour and Welfare
under the laws and regulations of Japan may conduct labour
insurance businesses entrusted by business proprietors. An
association which intends to conduct those labour insurance
businesses under the laws and regulations of Japan is required toestablish an office in Japan, and to obtain the approval of the Ministerof Health, Labour and Welfare.

- 869
869 -

02-2-2_英文【附属書】858-1090.indd869

2020/10/23

19:32:34

20

Sector:Mining and Services incidental to Mining

Sub-Sector:
Industry

JSIC 05

Mining and quarrying of stone and gravel

Classification:
Obligations

Market access (Articles 8.7 and 8.15)

Concerned:

National treatment (Articles 8.8 and 8.16)

Level ofCentral Government

Government:
Measures:

Mining Law (Law No. 289 of 1950), Chapters 2 and 3

Description:

Investment liberalisation and Cross-border trade in services
Only a Japanese national or an enterprise of Japan may have mining
rights or mining lease rights.1

1Services requiring mining rights or mining lease rights are required to be supplied by aJapanese national or an enterprise established under the laws and regulations of Japan, in
accordance with the Chapters 2 and 3 of the Mining Law.
- 870
870 -

02-2-2_英文【附属書】858-1090.indd

870

2020/10/23

19:32:35

21

Sector:Oil Industry

Sub-Sector:
Industry

JSIC 053

Crude petroleum and natural gas production

Classification1:

JSIC 1711

Petroleum refining

JSIC 1721

Lubricating oils and greases (not made inpetroleum refineries)

JSIC 1741*1

Paving materials

JSIC 1799*1

Miscellaneous petroleum and coal products

JSIC 4711*1

Ordinary warehousing, except refrigerated
warehousing

1

JSIC 4721*1

Refrigerated warehousing

JSIC 5331

Petroleum

JSIC 6051

Gasoline stations

JSIC 6052*1

Fuel stores, except gasoline stations

JSIC 9299*2

Miscellaneous business services, n.e.c.

An asterisk (*1) on the JSIC numbers indicates that the activities covered by this reservation
under such numbers are limited to those related to the oil industry. An asterisk (*2) on the
JSIC number indicates that the activities covered by this reservation under such number are
limited to those related to the liquefied petroleum gas industry.
- 871
871 -

02-2-2_英文【附属書】858-1090.indd871

2020/10/23

19:32:36

Obligations

National treatment (Article 8.8)

Concerned:
Level ofCentral Government

Government:
Measures:

Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949),
Article 271
Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261
of 1980), Article 3

1

For greater certainty, for the purposes of this reservation, the definition of "inward direct
investment" provided in Article 26 of the Foreign Exchange and Foreign Trade Law applies
with respect to the interpretation of this reservation.
- 872
872 -

02-2-2_英文【附属書】858-1090.indd872

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19:32:37

Description:

Investment liberalisation
1.

The prior notification requirement and screening procedures
under the Foreign Exchange and Foreign Trade Law apply toforeign investors who intend to make investments in the oil
industry in Japan.

2.

The screening is conducted from the viewpoint of whether theinvestment is likely to cause a situation in which significant
adverse effect is brought to the smooth operation of theJapanese economy.1

3.

The investor may be required to alter the content of theinvestment or discontinue the investment process, depending on
the screening result.

4.

All organic chemicals such as ethylene, ethylene glycol andpolycarbonates are outside the scope of the oil industry.
Therefore, the prior notification requirement and screening
procedures under the Foreign Exchange and Foreign Trade Law
do not apply to the investments in the manufacture of theseproducts.

1

For greater certainty, absence of reference in this description to "national security", which isreferred to in the reservations No.10, 12, 13, 15, 37, 43, 44, 52 and 54 in the Schedule ofJapan in this Annex, does not mean that Article 1.5 does not apply to the screening or thatJapan waives its right to invoke Article 1.5 to justify the screening.
- 873
873 -

02-2-2_英文【附属書】858-1090.indd873

2020/10/23

19:32:38

22

Sector:Professional Services

Sub-Sector:
Industry

JSIC 7211

Lawyers' offices

Classification:
Obligations

Market access (Articles 8.7 and 8.15)

Concerned:
Level ofCentral Government

Government:
Measures:

Attorney Law (Law No. 205 of 1949), Chapters 3, 4, 4-2, 5 and 9

Description:

Investment liberalisation and Cross-border trade in services
1.

A natural person who intends to supply legal services isrequired to be qualified as an attorney-at-law under the laws
and regulations of Japan ("Bengoshi") and to establish an officewithin the district of the local bar association to which thenatural person belongs.

2.

An enterprise which intends to supply legal services is required
to establish a legal professional corporation under the laws andregulations of Japan ("Bengoshi-Hojin").

- 874
874 -

02-2-2_英文【附属書】858-1090.indd874

2020/10/23

19:32:39

23

Sector:Professional Services

Sub-Sector:
Industry

JSIC 7211

Lawyers' offices

Classification:
Obligations

Market access (Articles 8.7 and 8.15)

Concerned:
Level ofCentral Government

Government:
Measures:

Law on Special Measures Concerning the Handling of Legal Services
by Foreign Lawyers (Law No. 66 of 1986), Chapters 2, 4 and 5

- 875
875 -

02-2-2_英文【附属書】858-1090.indd

875

2020/10/23

19:32:40

Description:

Investment liberalisation and Cross-border trade in services
1.

A natural person who intends to supply legal advisory services
concerning foreign laws is required to be qualified as aregistered foreign lawyer under the laws and regulations ofJapan ("Gaikokuho-Jimu-Bengoshi") and to establish an officewithin the district of the local bar association to which thenatural person belongs.

2.

Gaikokuho-Jimu-Bengoshi under the laws and regulations ofJapan is required to stay in Japan for not less than 180 days per
year.

3.

An enterprise which intends to supply legal advisory services
concerning foreign laws is required to establish a registeredforeign lawyer corporation under the laws and regulations ofJapan ("Gaikokuho-Jimu-Bengoshi-Hojin").

- 876
876 -

02-2-2_英文【附属書】858-1090.indd876

2020/10/23

19:32:42

24

Sector:Professional Services

Sub-Sector:
Industry

JSIC 7212

Patent attorneys' offices

Classification:
Obligations

Market access (Articles 8.7 and 8.15)

Concerned:
Level ofCentral Government

Government:
Measures:

Patent Attorney Law (Law No. 49 of 2000), Chapters 3, 6 and 8

Description:

Investment liberalisation and Cross-border trade in services
1.

A natural person who intends to supply patent attorney services
is required to be qualified as a patent attorney under the laws
and regulations of Japan ("Benrishi").

2.

An enterprise which intends to supply patent attorney services
is required to establish a patent business corporation under thelaws and regulations of Japan ("Tokkyo-Gyomu-Hojin").

- 877
877 -

02-2-2_英文【附属書】858-1090.indd877

2020/10/23

19:32:43

25

Sector:Professional Services

Sub-Sector:
Industry

JSIC 7221

Notaries public's and judicial scriveners' offices

Classification:
Obligations

Market access (Article 8.15)

Concerned:

National treatment (Article 8.16)

Level ofCentral Government

Government:
Measures:

Notary Law (Law No. 53 of 1908), Chapters 2 and 3

Description:

Cross-border trade in services
1.

Only a Japanese national may be appointed as a notary inJapan.

2.

The notary is required to establish an office in the placedesignated by the Minister of Justice.

- 878
878 -

02-2-2_英文【附属書】858-1090.indd878

2020/10/23

19:32:44

26

Sector:Professional Services

Sub-Sector:
Industry

JSIC 7221

Notaries public's and judicial scriveners' offices

Classification:
Obligations

Market access (Articles 8.7 and 8.15)

Concerned:
Level ofCentral Government

Government:
Measures:

Judicial Scrivener Law (Law No. 197 of 1950), Chapters 3 to 5, 7 and
10

Description:

Investment liberalisation and Cross-border trade in services
1.

A natural person who intends to supply judicial scrivener
services is required to be qualified as a judicial scrivener under
the laws and regulations of Japan ("Shiho-Shoshi") and toestablish an office within the district of the judicial scrivener
association to which the natural person belongs.

2.

An enterprise which intends to supply judicial scrivener
services is required to establish a judicial scrivener corporation
under the laws and regulations of Japan ("Shiho-ShoshiHojin").

- 879
879 -

02-2-2_英文【附属書】858-1090.indd879

2020/10/23

19:32:45

27

Sector:Professional Services

Sub-Sector:
Industry

JSIC 7241

Certified public accountants' offices

Classification:
Obligations

Market access (Articles 8.7 and 8.15)

Concerned:
Level ofCentral Government

Government:
Measures:

Certified Public Accountant Law (Law No. 103 of 1948), Chapters 3,
5-2 and 7

Description:

Investment liberalisation and Cross-border trade in services
1.

A natural person who intends to supply certified public
accountants services is required to be qualified as a certified
public accountant under the laws and regulations of Japan("Koninkaikeishi").

2.

An enterprise which intends to supply certified public
accountants services is required to establish an audit
corporation under the laws and regulations of Japan ("KansaHojin").

- 880
880 -

02-2-2_英文【附属書】858-1090.indd

880

2020/10/23

19:32:46

28

Sector:Professional Services

Sub-Sector:
Industry

JSIC 7242

Certified tax accountants' offices

Classification:
Obligations

Market access (Articles 8.7 and 8.15)

Concerned:
Level ofCentral Government

Government:
Measures:

Certified Public Tax Accountant Law (Law No. 237 of 1951),
Chapters 3, 4, 5-2, 6 and 7
Enforcement Regulation on Certified Public Tax Accountant Law(Ministerial Ordinance of the Ministry of Finance No. 55 of 1951)

Description:

Investment liberalisation and Cross-border trade in services
1.

A natural person who intends to supply certified public tax
accountant services is required to be qualified as a certified
public tax accountant under the laws and regulations of Japan("Zeirishi") and to establish an office within the district of thecertified public tax accountant association to which the natural
person belongs.

2.

An enterprise which intends to supply certified public tax
accountant services is required to establish a certified public tax
accountant corporation under the laws and regulations of Japan("Zeirishi-Hojin").

- 881
881 -

02-2-2_英文【附属書】858-1090.indd

881

2020/10/23

19:32:47

29

Sector:Professional Services

Sub-Sector:
Industry

JSIC 7231

Administrative scriveners' offices

Classification:

JSIC 7294

Certified real estate appraisers

JSIC 7299

Professional services, n.e.c.

JSIC 7421

Architectural design services

Obligations

Market access (Article 8.15)

Concerned:
Level ofCentral Government

Government:
Measures:

Architect and/or Building Engineer Law (Law No. 202 of 1950),
Chapters 1, 2 and 6

Description:

Cross-border trade in services
An architect or building engineer, qualified as an architect or building
engineer under the laws and regulations of Japan ("Kenchikushi"), ora person employing such an architect or building engineer, who
intends to conduct business of design, superintendence ofconstruction work, administrative work related to construction work
contracts, supervision of building construction work, survey andevaluation of buildings, and representation in procedures under thelaws and regulations of Japan concerning construction, upon requestfrom others for remuneration, is required to establish an office inJapan.

- 882
882 -

02-2-2_英文【附属書】858-1090.indd882

2020/10/23

19:32:48

30

Sector:Professional Services

Sub-Sector:
Industry

JSIC 7251

Classification:
Obligations

Certified social insurance and labour consultants'
officesMarket access (Articles 8.7 and 8.15)

Concerned:
Level ofCentral Government

Government:
Measures:

Certified Social Insurance and Labour Consultant Law (Law No. 89
of 1968), Chapters 2-2, 4-2, 4-3 and 5

Description:

Investment liberalisation and Cross-border trade in services
1.

A natural person who intends to supply social insurance andlabour consultant services is required to be qualified as acertified social insurance and labour consultant under the laws
and regulations of Japan ("Shakai-Hoken-Romushi") and toestablish an office in Japan.

2.

An enterprise which intends to supply social insurance andlabour consultant services is required to establish a certifiedsocial insurance and labour consultant corporation under thelaws and regulations of Japan ("Shakai-Hoken-RomushiHojin").

- 883
883 -

02-2-2_英文【附属書】858-1090.indd883

2020/10/23

19:32:50

31

Sector:Professional Services

Sub-Sector:
Industry

JSIC 7231

Administrative scriveners' offices

Classification:
Obligations

Market access (Articles 8.7 and 8.15)

Concerned:
Level ofCentral Government

Government:
Measures:

Administrative Scrivener Law (Law No. 4 of 1951), Chapters 3 to 5
and 8

Description:

Investment liberalisation and Cross-border trade in services
1.

A natural person who intends to supply administrative scrivener
services is required to be qualified as an administrative
scrivener under the laws and regulations of Japan ("GyoseiShoshi") and to establish an office within the district of theadministrative scrivener association to which the natural person
belongs.

2.

An enterprise which intends to supply administrative scrivener
services is required to establish an administrative scrivener
corporation under the laws and regulations of Japan ("GyoseiShoshi-Hojin").

- 884
884 -

02-2-2_英文【附属書】858-1090.indd884

2020/10/23

19:32:51

32

Sector:Professional Services

Sub-Sector:
Industry

JSIC 7299

Professional services, n.e.c.

Classification:
Obligations

Market access (Articles 8.7 and 8.15)

Concerned:
Level ofCentral Government

Government:
Measures:

Maritime Procedure Agents Law (Law No. 32 of 1951), Article 17

Description:

Investment liberalisation and Cross-border trade in services
Maritime procedure agent services are required to be supplied by anatural person who is qualified as a maritime procedure agent under
the laws and regulations of Japan ("Kaijidairishi").

- 885
885 -

02-2-2_英文【附属書】858-1090.indd

885

2020/10/23

19:32:52

33

Sector:Professional Services

Sub-Sector:
Industry

JSIC 7222

Land and house surveyors' offices

Classification:
Obligations

Market access (Articles 8.7 and 8.15)

Concerned:
Level ofCentral Government

Government:
Measures:

Land and House Surveyor Law (Law No. 228 of 1950), Chapters 3 to5, 7 and 10

Description:

Investment liberalisation and Cross-border trade in services
1.

A natural person who intends to supply land and housesurveyor services is required to be qualified as a land and housesurveyor under the laws and regulations of Japan ("TochiKaoku-Chosashi") and to establish an office within the districtof the land and house surveyor association to which the natural
person belongs.

2.

An enterprise which intends to supply land and house surveyor
services is required to establish a land and house surveyor
corporation under the laws and regulations of Japan ("TochiKaoku-Chosashi-Hojin").

- 886
886 -

02-2-2_英文【附属書】858-1090.indd886

2020/10/23

19:32:53

34

Sector:Real Estate

Sub-Sector:
Industry

JSIC 6811

Sales agents of buildings and houses

Classification:

JSIC 6812

Land subdividers and developers

JSIC 6821

Real estate agents and brokers

JSIC 6941

Real estate managers

Obligations

Market access (Article 8.15)

Concerned:
Level ofCentral Government

Government:
Measures:

Building Lots and Buildings Transaction Business Law (Law No. 176
of 1952), Chapter 2
Real Estate Syndication Law (Law No. 77 of 1994), Chapters 2 and 5
to 7
Law Concerning Improving Management of Condominiums (Law
No. 149 of 2000), Chapter 3

- 887
887 -

02-2-2_英文【附属書】858-1090.indd887

2020/10/23

19:32:54

Description:

Cross-border trade in services
1.

A person who intends to conduct building lots and buildings
transaction business is required to establish an office in Japanand to obtain a licence from the Minister of Land,
Infrastructure, Transport and Tourism or from the prefectural
governor having jurisdiction over the district where the office islocated.

2.

A person who intends to conduct real estate syndication
business is required to establish an office in Japan and to obtain
permission from or to be registered with the competent Ministeror from the prefectural governor having jurisdiction over the
district where the office is located or to submit notification to
the competent Minister.

3.

A person who intends to conduct condominiums managementbusiness is required to establish an office in Japan and to beregistered in the list maintained by the Ministry of Land,
Infrastructure, Transport and Tourism.

- 888
888 -

02-2-2_英文【附属書】858-1090.indd888

2020/10/23

19:32:55

35

Sector:Real Estate Appraisal Services

Sub-Sector:
Industry

JSIC 7294

Certified real estate appraisers

Classification:
Obligations

Market access (Article 8.15)

Concerned:
Level ofCentral Government

Government:
Measures:

Law Concerning the Appraisal of Real Estate (Law No. 152 of 1963),
Chapter 3

Description:

Cross-border trade in services
A person who intends to supply real estate appraisal services isrequired to establish an office in Japan and to be registered in the list
maintained by the Ministry of Land, Infrastructure, Transport andTourism or the prefecture having jurisdiction over the district where
the office is located.

- 889
889 -

02-2-2_英文【附属書】858-1090.indd889

2020/10/23

19:32:56

36

Sector:Seafarers

Sub-Sector:
Industry

JSIC 031

Marine fisheries

Classification:

JSIC 451

Oceangoing transport

JSIC 452

Coastwise transport

Obligations

Market access (Article 8.15)

Concerned:

National treatment (Article 8.16)

Level ofCentral Government

Government:
Measures:Mariners Law (Law No. 100 of 1947), Chapter 4
Official Notification of the Director General of Seafarers Department,
Maritime Technology and Safety Bureau of the Ministry ofTransport, No. 115, 1990
Official Notification of the Director General of Seafarers Department,
Maritime Technology and Safety Bureau of the Ministry ofTransport, No. 327, 1990
Official Notification of the Director General of Maritime Bureau of
the Ministry of Land, Infrastructure and Transport, No. 153, 2004

Description:

Cross-border trade in services
Foreign nationals employed by Japanese enterprises except for theseafarers referred to in the relevant official notifications may notwork on vessels flying the Japanese flag.

- 890
890 -

02-2-2_英文【附属書】858-1090.indd

890

2020/10/23

19:32:58

37

Sector:

Security Guard Services

Sub-Sector:
Industry

JSIC 923

Guard services

Classification:
Obligations

National treatment (Article 8.8)

Concerned:
Level ofCentral Government

Government:
Measures:

Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949),
Article 271
Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261
of 1980), Article 3

1

For greater certainty, for the purposes of this reservation, the definition of "inward direct
investment" provided in Article 26 of the Foreign Exchange and Foreign Trade Law applies
with respect to the interpretation of this reservation.
- 891
891 -

02-2-2_英文【附属書】858-1090.indd

891

2020/10/23

19:32:59

Description:

Investment liberalisation
1.

The prior notification requirement and screening procedures
under the Foreign Exchange and Foreign Trade Law apply toforeign investors who intend to make investments in security
guard services in Japan.

2.

The screening is conducted from the viewpoint of whether theinvestment is likely to cause a situation in which national
security is impaired, the maintenance of public order isdisturbed, or the protection of public safety is hindered.

3.

The investor may be required to alter the content of theinvestment or discontinue the investment process, depending on
the screening result.

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38

Sector:Services Related to Occupational Safety and Health

Sub-Sector:
Industry

JSIC 7299

Professional services, n.e.c.

Classification:

JSIC 7441

Commodity inspection services

JSIC 7452

Environmental surveying certification

JSIC 8222

Vocational guidance centers

Obligations

Market access (Article 8.15)

Concerned:
Level ofCentral Government

Government:
Measures:Industrial Safety and Health Law (Law No. 57 of 1972), Chapters 5
and 8
Ministerial Ordinance for Registration and Designation related to
Industrial Safety and Health Law, and Orders based on the Law(Ministerial Ordinance of the Ministry of Labour No. 44 of 1972)
Working Environment Measurement Law (Law No. 28 of 1975),
Chapters 2 and 3
Enforcement Regulation of the Working Environment Measurement
Law (Ministerial Ordinance of the Ministry of Labour No. 20 of
1975)

- 893
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Description:

Cross-border trade in services
A person who intends to supply inspection or verification services forworking machines, skill training courses and other related services inconnection with occupational safety and health, or working
environment measurement services is required to be resident or toestablish an office in Japan, and to be registered with the Minister of
Health, Labour and Welfare or Director-General of the Prefectural
Labour Bureau.

- 894
894 -

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894

2020/10/23

19:33:02

39

Sector:Surveying Services

Sub-Sector:
Industry

JSIC 7422

Surveying services

Classification:
Obligations

Market access (Article 8.15)

Concerned:
Level ofCentral Government

Government:
Measures:

Survey Law (Law No. 188 of 1949), Chapter 6

Description:

Cross-border trade in services
A person who intends to supply surveying services is required toestablish a place of business in Japan and to be registered with the
Minister of Land, Infrastructure, Transport and Tourism.

- 895
895 -

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895

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19:33:03

40

Sector:Business Services

Sub-Sector:

Registration of Aircraft in the National Register

Industry
Classification:
Obligations

Market access (Articles 8.7 and 8.15)

Concerned:

National treatment (Articles 8.8 and 8.16)
Senior management and boards of directors (Article 8.10)

Level ofCentral Government

Government:
Measures:

Civil Aeronautics Law (Law No. 231 of 1952), Chapter 2

- 896
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Description:

Investment liberalisation and Cross-border trade in services
1.

An aircraft owned by any of the following natural persons or
entities may not be registered in the national register:(a)a natural person who does not have Japanese nationality;(b)a foreign country, or a foreign public entity or its
equivalent;(c)a legal person or other entity constituted under the laws
and regulations of any foreign country; and(d)a legal person represented by the natural persons or
entities referred to in subparagraph (a), (b) or (c); a legal
person of which one-third or more of the members of theboard of directors are composed of the natural persons or
entities referred to in subparagraph (a), (b) or (c); or alegal person of which one-third or more of the voting
rights are held by the natural persons or entities referred
to in subparagraph (a), (b) or (c).

2.

A foreign aircraft may not be registered in the national register.

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41

Sector:Transport

Sub-Sector:

Customs Brokerage

Industry

JSIC 4899

Services incidental to transport, n.e.c.

Classification:
Obligations

Market access (Article 8.15)

Concerned:
Level ofCentral Government

Government:
Measures:

Customs Brokerage Law (Law No. 122 of 1967), Chapter 2

Description:

Cross-border trade in services
A person who intends to conduct customs brokerage business isrequired to have a place of business in Japan and to obtain permissionof the Minister of Finance.

- 898
898 -

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898

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19:33:07

42

Sector:Transport

Sub-Sector:

Freight Forwarding Business(excluding freight forwarding business using air transportation)

Industry

JSIC 4441

Collect-and-deliver freight transport

Classification:

JSIC 4821

Freight transport, except collect-and-deliver
freight transport

Obligations

Market access (Articles 8.7 and 8.15)

Concerned:

National treatment (Articles 8.8 and 8.16)
Most-favoured-nation treatment (Articles 8.9 and 8.17)
Senior management and boards of directors (Article 8.10)

Level ofCentral Government

Government:
Measures:

Freight Forwarding Business Law (Law No. 82 of 1989), Chapters 2
to 4
Enforcement Regulation of Freight Forwarding Business Law(Ministerial Ordinance of the Ministry of Transport No. 20 of 1990),
Chapters 3 to 5

- 899
899 -

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Description:

Investment liberalisation and Cross-border trade in services
1.

The following natural persons or entities are required to beregistered with, or to obtain permission or approval of, theMinister of Land, Infrastructure, Transport and Tourism for
conducting freight forwarding business using international
shipping. That registration shall be made, or that permission orapproval shall be granted, on the basis of reciprocity:(a)a natural person who does not have Japanese nationality;(b)a foreign country, or a foreign public entity or its
equivalent;(c)a legal person or other entity constituted under the laws
and regulations of any foreign country; and(d)a legal person represented by the natural persons or
entities referred to in subparagraph (a), (b) or (c); a legal
person of which one-third or more of the members of theboard of directors are composed of the natural persons or
entities referred to in subparagraph (a), (b) or (c); or alegal person of which one-third or more of the voting
rights are held by the natural persons or entities referred
to in subparagraph (a), (b) or (c).

2.

A person who intends to conduct freight forwarding business isrequired to establish an office in Japan, and to be registeredwith, or to obtain permission or approval of, the Minister ofLand, Infrastructure, Transport and Tourism.

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43

Sector:Transport

Sub-Sector:

Railway Transport

Industry

JSIC 421

Railway transport

Classification:

JSIC 4851

Railway facilities services

Obligations

National treatment (Article 8.8)

Concerned:
Level ofCentral Government

Government:
Measures:

Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949),
Article 271
Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261
of 1980), Article 3

1

For greater certainty, for the purposes of this reservation, the definition of "inward direct
investment" provided in Article 26 of the Foreign Exchange and Foreign Trade Law applies
with respect to the interpretation of this reservation.
- 901
901 -

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901

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Description:

Investment liberalisation
1.

The prior notification requirement and screening procedures
under the Foreign Exchange and Foreign Trade Law apply toforeign investors who intend to make investments in railway
transport industry in Japan.

2.

The screening is conducted from the viewpoint of whether theinvestment is likely to cause a situation in which national
security is impaired, the maintenance of public order isdisturbed, or the protection of public safety is hindered.

3.

The investor may be required to alter the content of theinvestment or discontinue the investment process, depending on
the screening result.

4.

The manufacture of vehicles or parts and components for the
railway transport industry is not included in railway transportindustry. Therefore, the prior notification requirement andscreening procedures under the Foreign Exchange and Foreign
Trade Law do not apply to the investments in the manufactureof these products.

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44

Sector:Transport

Sub-Sector:

Road Passenger Transport

Industry

JSIC 4311

Common omnibus operators

Classification:
Obligations

National treatment (Article 8.8)

Concerned:
Level ofCentral Government

Government:
Measures:

Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949),
Article 271
Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261
of 1980), Article 3

1

For greater certainty, for the purposes of this reservation, the definition of "inward direct
investment" provided in Article 26 of the Foreign Exchange and Foreign Trade Law applies
with respect to the interpretation of this reservation.
- 903
903 -

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Description:

Investment liberalisation
1.

The prior notification requirement and screening procedures
under the Foreign Exchange and Foreign Trade Law apply toforeign investors who intend to make investments in theomnibus industry in Japan.

2.

The screening is conducted from the viewpoint of whether theinvestment is likely to cause a situation in which national
security is impaired, the maintenance of public order isdisturbed, or the protection of public safety is hindered.

3.

The investor may be required to alter the content of theinvestment or discontinue the investment process, depending on
the screening result.

4.

The manufacture of vehicles or parts and components for theomnibus industry is not included in the omnibus industry.
Therefore, the prior notification requirement and screening
procedures under the Foreign Exchange and Foreign Trade Law
do not apply to the investments in the manufacture of theseproducts.

- 904
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45

Sector:Transport

Sub-Sector:

Road Transport

Industry

JSIC 431

Common omnibus operators

Classification:

JSIC 432

Common taxicab operators

JSIC 433

Chartered omnibus operators

JSIC 4391

Motor passenger transport (particularlycontracted)

Obligations

JSIC 441

Common motor trucking

JSIC 442

Motor trucking (particularly-contracted)

JSIC 443

Mini-sized vehicle freight transport

Market access (Articles 8.7 and 8.15)

Concerned:
Level ofCentral Government

Government:
Measures:

Road Transport Law (Law No. 183 of 1951), Chapter 2
Special Measures Law concerning the proper management andrevitalisation of the taxi business in specified and semi-specified
regions (Law No. 64 of 2009), Chapters 2 and 7 (hereinafter referred
to in this reservation as "the Law")
Trucking Business Law (Law No. 83 of 1989), Chapter 2

- 905
906 -

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905

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Description:

Investment liberalisation and Cross-border trade in services
1.

A person who intends to conduct road passenger transportbusiness or road freight transport business is required toestablish a place of business in Japan, and to obtain permissionof, or to submit notification to, the Minister of Land,
Infrastructure, Transport and Tourism.

2.

In respect of common taxicab operators business, the Ministerof Land, Infrastructure, Transport and Tourism may not grant
permission to a person who intends to conduct the businesses,
or may not approve a modification of the business plan of thosebusinesses in the "specified regions" and in the "semi-specified
regions" designated by the Minister of Land, Infrastructure,
Transport and Tourism. That permission may be granted, orthat modification of the business plan may be approved withrespect to "semi-specified regions" when the standards set out
in the Law are met, including those that the capacity ofcommon taxicab operators businesses in that region does notexceed the volumes of the traffic demand. That designation
would be made when the capacity of common taxicab
transportation businesses in that region exceeds or is likely to
exceed the volumes of traffic demand to the extent that it would
become difficult to secure the safety of transportation and thebenefits of passengers.

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3.

In respect of common motor trucking business or motor
trucking business (particularly-contracted), the Minister ofLand, Infrastructure, Transport and Tourism may not grant
permission to a person who intends to conduct the businesses,
or may not approve a modification of the business plan of thosebusinesses, in "the emergency supply or demand adjustmentarea" designated by the Minister of Land, Infrastructure,
Transport and Tourism. That designation would be made when
the capacity of common motor trucking businesses or motor
trucking businesses (particularly-contracted) in that area hassignificantly exceeded the volumes of transportation demand to
the extent that the operation of those businesses would become
difficult.

- 907
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46

Sector:Transport

Sub-Sector:

Services Incidental to Transport

Industry

JSIC 4852

Fixed facilities for road transport

Classification:
Obligations

Market access (Articles 8.7 and 8.15)

Concerned:
Level ofCentral Government

Government:
Measures:

Road Transport Law (Law No. 183 of 1951), Chapter 4

Description:

Investment liberalisation and Cross-border trade in services
A person who intends to conduct motorway businesses is required toobtain a licence from the Minister of Land, Infrastructure, Transport
and Tourism. The issuance of a licence is subject to an economic
needs test, such as whether the proposed motorway is appropriate inscale compared with the volume and nature of traffic demand in the
proposed area.

- 908
908 -

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908

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47

Sector:Transport

Sub-Sector:

Services Incidental to Transport

Industry
Classification:
Obligations

Market access (Articles 8.7 and 8.15)

Concerned:

National treatment (Article 8.16)

Level ofCentral Government

Government:
Measures:

Pilotage Law (Law No. 121 of 1949), Chapters 2 to 4

Description:

Investment liberalisation and Cross-border trade in services
1.

Only a Japanese national may become a pilot in Japan.

2.

Pilots directing ships in the same pilotage district are required
to establish a pilot association for the pilotage district.

- 909
909 -

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48

Sector:Transport

Sub-Sector:

Water Transport

Industry

JSIC 451

Oceangoing transport

Classification:
Obligations

Market access (Article 8.15)

Concerned:

National treatment (Article 8.16)
Most-favoured-nation treatment (Article 8.17)

Level ofCentral Government

Government:
Measures:

Law Concerning Special Measures against Unfavourable Treatment
to Japanese Oceangoing Ship Operators by Foreign Government(Law No. 60 of 1977)

Description:

Cross-border trade in services
Oceangoing ship operators of the United Kingdom may be restrictedor prohibited from entering Japanese ports or from loading andunloading cargoes in Japan in cases where Japanese oceangoing ship
operators are prejudiced by the United Kingdom.

- 910
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49

Sector:Transport

Sub-Sector:

Water Transport

Industry

JSIC 453

Inland water transport

Classification:

JSIC 4542

Coastwise ship leasing

Obligations

National treatment (Article 8.8)

Concerned:
Level ofCentral Government

Government:
Measures:

Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949),
Article 271
Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261
of 1980), Article 3

1

For greater certainty, for the purposes of this reservation, the definition of "inward direct
investment" provided in Article 26 of the Foreign Exchange and Foreign Trade Law applies
with respect to the interpretation of this reservation.
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911 -

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Description:

Investment liberalisation
1.

The prior notification requirement and screening procedures
under the Foreign Exchange and Foreign Trade Law apply toforeign investors who intend to make investments in watertransport industry in Japan.

2.

The screening is conducted from the viewpoint of whether theinvestment is likely to cause a situation in which significant
adverse effect is brought to the smooth operation of theJapanese economy.1

3.

The investor may be required to alter the content of theinvestment or discontinue the investment process, depending on
the screening result.

4.

For greater certainty, "water transport industry" refers tooceangoing or seagoing transport, coastwise transport (i.e.
maritime transport between ports in Japan), inland watertransport and ship leasing industry. However, oceangoing or
seagoing transport industry and ship leasing industry excluding
coastwise ship leasing industry are exempted from the priornotification requirement and screening procedures under theForeign Exchange and Foreign Trade Law.

1

For greater certainty, absence of reference in this description to "national security", which isreferred to in the reservations No. 10, 12, 13, 15, 37, 43, 44, 52 and 54 in the Schedule ofJapan in this Annex, does not mean that Article 1.5 does not apply to the screening or thatJapan waives its right to invoke Article 1.5 to justify the screening.
- 912
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50

Sector:Transport

Sub-Sector:

Water Transport

Industry
Classification:
Obligations

Market access (Articles 8.7 and 8.15)

Concerned:

National treatment (Articles 8.8 and 8.16)
Most-favoured-nation treatment (Articles 8.9 and 8.17)

Level ofCentral Government

Government:
Measures:

Ship Law (Law No. 46 of 1899), Article 3

Description:

Investment liberalisation and Cross-border trade in services
Unless otherwise specified in the laws and regulations of Japan, orinternational agreements to which Japan is a party, ships not flying
the Japanese flag are prohibited from entering the ports in Japan
which are not open to foreign commerce and from carrying cargoes
or passengers between ports in Japan.

- 913
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51

Sector:Vocational Skills Test

Sub-Sector:
Industry
Classification:
Obligations

Market access (Articles 8.7 and 8.15)

Concerned:
Level ofCentral Government

Government:
Measures:

Human Resources Development Promotion Law (Law No. 64 of1969), Chapter 5

Description:

Investment liberalisation and Cross-border trade in services
Some of specific type of non-profit organisation (employers'organisations, their federations, general incorporated associations,general incorporated foundations, incorporated labour unions or
miscellaneous incorporated non-profit organisations) can supply theservice. Those organisations which intend to carry out the vocational
skills test for workers are required to establish an office in Japan andto be designated by the Minister of Health, Labour and Welfare.

- 914
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52

Sector:

Water Supply and Waterworks

Sub-Sector:
Industry

JSIC 3611

Water for end users, except industrial users

Classification:
Obligations

National treatment (Article 8.8)

Concerned:
Level ofCentral Government

Government:
Measures:

Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949),
Article 271
Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261
of 1980), Article 3

1

For greater certainty, for the purposes of this reservation, the definition of "inward direct
investment" provided in Article 26 of the Foreign Exchange and Foreign Trade Law applies
with respect to the interpretation of this reservation.
- 915
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Description:

Investment liberalisation
1.

The prior notification requirement and screening procedures
under the Foreign Exchange and Foreign Trade Law apply toforeign investors who intend to make investments in watersupply and waterworks industry in Japan.

2.

The screening is conducted from the viewpoint of whether theinvestment is likely to cause a situation in which national
security is impaired, the maintenance of public order isdisturbed, or the protection of public safety is hindered.

3.

The investor may be required to alter the content of theinvestment or discontinue the investment process, depending on
the screening result.

- 916
916 -

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53

Sector:Wholesale and Retail Trade

Sub-Sector:

Livestock

Industry

JSIC 5219

Classification:
Obligations

Miscellaneous agricultural, livestock and aquatic
products

Market access (Article 8.15)

Concerned:
Level ofCentral Government

Government:
Measures:

Livestock Dealer Law (Law No. 208 of 1949), Article 3

Description:

Cross-border trade in services
A person who intends to conduct livestock trading business isrequired to be resident in Japan, and to obtain a licence from theprefectural governor having jurisdiction over the place of residence.
For greater certainty, "livestock trading" means the trading or
exchange of livestock, or the good offices for that trading or
exchange.

- 917
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54

Sector:Aerospace Industry

Sub-Sector:

Aircraft Manufacturing and Repairing Industry

Industry

JSIC 16*

Manufacture of chemical and allied products

Classification1:

JSIC 18*

Manufacture of plastic products, except otherwiseclassified

JSIC 19*

Manufacture of rubber products

JSIC 21*

Manufacture of ceramic, stone and clay products

JSIC 23*

Manufacture of non-ferrous metals and products

JSIC 24*

Manufacture of fabricated metal products

JSIC 25*

Manufacture of general purpose machinery

JSIC 27*

Manufacture of business oriented machinery

JSIC 28*

Electronic parts, devices and electronic circuits

JSIC 29*

Manufacture of electrical machinery, equipment
and supplies

JSIC 30*

Manufacture of information and communicationelectronics equipment1

An asterisk (*) on the JSIC numbers indicates that the activities covered by this reservation
under such numbers are limited to those related to the aerospace industry.
- 918
918 -

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JSIC 31*

Manufacture of transportation equipment

JSIC 39*

Information services

JSIC 90*

Machine, etc. repair services, except otherwiseclassified

Obligations

Market access (Articles 8.7 and 8.15)

Concerned:

National treatment (Articles 8.8 and 8.16)
Prohibition of performance requirements (Article 8.11)

Level ofCentral Government

Government:
Measures:

Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949),
Articles 27, 28 and 301
Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261
of 1980), Articles 3 to 5
Aircraft Manufacturing Industry Law (Law No.237 of 1952), Articles
2 to 5

1

For greater certainty, for the purposes of this reservation, the definition of "inward direct
investment" and "specified acquisition" provided in Article 26 of the Foreign Exchange andForeign Trade Law applies with respect to the interpretation of this reservation.
- 919
919 -

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Description:

Investment liberalisation and Cross-border trade in services
1.

The prior notification requirement and screening procedures
under the Foreign Exchange and Foreign Trade Law apply toforeign investors who intend to make investments in aircraft
industry in Japan.

2.

The screening is conducted from the viewpoint of whether theinvestment is likely to cause a situation in which national
security is impaired, the maintenance of public order isdisturbed, or the protection of public safety is hindered.

3.

The investors may be required to alter the content of theinvestment or discontinue the investment process, depending on
the screening result.

4.

A technology introduction contract between a resident and a
non-resident related to the aircraft industry is subject to theprior notification requirement and screening procedures under
the Foreign Exchange and Foreign Trade Law.

- 920
920 -

02-2-2_英文【附属書】858-1090.indd

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5.

The screening is conducted from the viewpoint of whether theconclusion of the technology introduction contract is likely tocause a situation in which national security is impaired, themaintenance of public order is disturbed, or the protection of
public safety is hindered.

6.

The resident may be required to alter the provisions of thetechnology introduction contract or discontinue the conclusionof that contract, depending on the screening result.

7.

The number of licences conferred to manufacturers and service
suppliers in those sectors may be limited.

8.

An enterprise which intends to produce aircraft and supply
repair services is required to establish a factory related to
manufacture or repair aircraft under the laws and regulations ofJapan.

________________

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ANNEX II

RESERVATIONS FOR FUTURE MEASURES
Schedule of the United Kingdom
Headnotes
1.

The Schedule of the United Kingdom sets out, under Articles 8.12 and 8.18, the reservations
taken by the United Kingdom with respect to future measures that do not conform withobligations imposed by:

2.

(a)

Article 8.7 or 8.15;(b)

Article 8.8 or 8.16;(c)

Article 8.9 or 8.17;(d)Article 8.10; or(e)Article 8.11.

The reservations of a Party are without prejudice to the rights and obligations of the Parties
under GATS.

3.

Each reservation sets out the following elements:(a)"sector" refers to the general sector in which the reservation is taken;(b)"sub-sector" refers to the specific sector in which the reservation is taken;

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(c)"industry classification" refers, where applicable, to the activity covered by thereservation according to the CPC, ISIC Rev. 3.1, or as expressly otherwise described ina Party's reservation;(d)"type of reservation" specifies the obligation referred to in paragraph 1 for which areservation is taken;(e)"description" sets out the scope of the sector, sub-sector or activities covered by thereservation; and(f)"existing measures" identifies, for transparency purposes, existing measures that apply
to the sector, sub-sector or activities covered by the reservation.

4.

In the interpretation of a reservation, all elements of the reservation shall be considered. The"description" element shall prevail over all other elements.

5.

The list below does not include measures relating to qualification requirements andprocedures, technical standards and licensing requirements and procedures where they do notconstitute a market access or a national treatment limitation within the meaning of Articles
8.7, 8.8, 8.15 and 8.16. Those measures (e.g. the need to obtain a licence, universal service
obligations, the need to have recognised qualifications in regulated sectors, the need to passspecific examinations, including language examinations and any non-discriminatory
requirements that certain activities may not be carried out in protected zones or areas), even if
not listed, apply in any case.

6.

For the purposes of this Schedule, "ISIC Rev. 3.1" means the International Standard Industrial
Classification of all Economic Activities as set out in Statistical Office of the United Nations,
Statistical Papers, Series M, No. 4, ISIC Rev. 3.1, 2002.

7.

For greater certainty, non-discriminatory measures do not constitute a market accesslimitation within the meaning of Articles 8.7 and 8.15 for:

- 923
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(a)a measure requiring the separation of the ownership of infrastructure from theownership of the goods or services provided through that infrastructure to ensure faircompetition, for example in the fields of energy, transportation andtelecommunications;(b)a measure restricting the concentration of ownership to ensure fair competition;(c)a measure seeking to ensure the conservation and protection of natural resources and theenvironment, including a limitation on the availability, number and scope ofconcessions granted, and the imposition of a moratorium or ban;(d)a measure limiting the number of authorisations granted because of technical or physicalconstraints, for example telecommunications spectra and frequencies; or(e)a measure requiring that a certain percentage of the shareholders, owners, partners, ordirectors of an enterprise be qualified or practise a certain profession such as lawyers or
accountants.

8.

For the avoidance of doubt, with respect to financial services, for prudential reasons within
the context of Article 8.65, the United Kingdom shall not be prevented from applying
measures to branches established in the United Kingdom by companies incorporated in Japan.

9.

Measures affecting cabotage in maritime transport services are not listed in this Schedule as
they are excluded from the scope of Section B of Chapter 8, pursuant to subparagraph 2(a) of
Article 8.6 and Section C of Chapter 8, pursuant to subparagraph 2(a) of Article 8.14.

10.

The following abbreviation is used in the list of reservations below:
UK United Kingdom

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List of reservations:
Reservation No. 1 – All sectors
Reservation No. 2 – Professional services – legal services
Reservation No. 3 – Professional services – health related and retail of pharmaceuticals
Reservation No. 4 – Business services – collection agency services and credit reporting services
Reservation No. 5 – Business services – placement services
Reservation No. 6 – Business services – investigation services
Reservation No. 7 – Business services – other business services
Reservation No. 8 – Telecommunication
Reservation No. 9 – Education services
Reservation No. 10 – Financial services
Reservation No. 11 – Health and social services
Reservation No. 12 – Recreational, cultural and sporting services
Reservation No. 13 – Transport services and auxiliary transport services
Reservation No. 14 – Fishing and water
Reservation No. 15 – Energy related activities
Reservation No. 16 – Other services not included elsewhere

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Reservation No. 1 – All sectors
Sector:All sectors

Type of reservation:

Market access
National treatment
Most-favoured-nation treatment
Senior management and boards of directors
Prohibition of performance requirements

Section:Investment liberalisation and Cross-border trade in services

Description:
The UK reserves the right to adopt or maintain any measure with respect to the following:(a)Commercial presenceWith respect to Investment liberalisation – Market access:Services considered as public utilities at a national or local level may be subject to public
monopolies or to exclusive rights granted to private operators.
Public utilities exist in sectors such as related scientific and technical consulting services,
research and development (R&D) services on social sciences and humanities, technicaltesting and analysis services, environmental services, health services, transport services andservices auxiliary to all modes of transport. Exclusive rights on such services are often
granted to private operators, for instance operators with concessions from public authorities,
subject to specific service obligations. Given that public utilities often also exist at the subcentral level, detailed and exhaustive sector-specific scheduling is not practical. This
reservation does not apply to telecommunications and to computer and related services.
Existing measures:

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(b)Most-Favoured-Nation Treatment
With respect to Investment liberalisation – Most-favoured-nation treatment and Cross-border
trade in services – Most-favoured-nation treatment:
According differential treatment pursuant to any international investment treaties or othertrade agreement in force or signed prior to the date of entry into force of this Agreement.
According differential treatment to a country pursuant to any existing or future bilateral or
multilateral agreement which:(i)creates an internal market in services and investment;(ii)

grants the right of establishment; or(iii) requires the approximation of legislation in one or more economic sectors.
An internal market on services and establishment means an area without internal frontiers inwhich the free movement of services, capital and persons is ensured.
The right of establishment means an obligation to abolish in substance all barriers toestablishment among the parties to the regional economic integration agreement by the entry
into force of that agreement. The right of establishment shall include the right of nationals of
the parties to the regional economic integration agreement to set up and operate enterprises
under the same conditions provided for nationals under the law of the country where such
establishment takes place.
The approximation of legislation means:(i)the alignment of the legislation of one or more of the parties to the regional economic
integration agreement with the legislation of the other party or parties to that agreement;
or

(ii)

the incorporation of common legislation into the law of the parties to the regional
economic integration agreement.

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Such alignment or incorporation shall take place, and shall be deemed to have taken place,
only at such time that it has been enacted in the law of the Party or parties to the regional
economic integration agreement.
Existing measures:1
European Economic Area;
Stabilisation Agreements;
EU-Swiss Confederation bilateral agreements; andDeep and Comprehensive Free Trade Agreements.
According differential treatment relating to the right of establishment to nationals or
enterprises through existing or future bilateral agreements between the UK and any of thefollowing countries or principalities: Andorra, Monaco, San Marino and the Vatican City
State.
(c)Arms, ammunitions and war materialWith respect to Investment liberalisation – Market access, National treatment, Most-favourednation treatment, Senior management and boards of directors, Prohibition of performancerequirements and Cross-border trade in services – Market access, National treatment, Mostfavoured-nation treatment:
Production or distribution of, or trade in, arms, munitions and war material. War material islimited to any product which is solely intended and made for military use in connection withthe conduct of war or defence activities.

1

The agreements listed as "existing measures" under this reservation are agreements by which
the UK remains bound in accordance with Article 129(1) of the Agreement on the Withdrawalof the United Kingdom of Great Britain and Northern Ireland from the European Union and theEuropean Atomic Energy Community, as of the date of signature of this Agreement. If at thedate of entry into force of this Agreement, the UK is no longer bound by one or more of thesaid agreements, the respective agreements shall not be considered as "existing measures" under
this reservation.
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Reservation No. 2 – Professional services – legal services
Sector:Professional services - legal services and auditing services

Industry classification: Part of CPC 861, part of 862, part of 87902
Type of reservation:

Market access
National treatment
Senior management and boards of directors

Section:Investment liberalisation and Cross-border trade in services

Description:
The UK reserves the right to adopt or maintain any measure with respect to the following:(a)Legal services
The UK reserves the right to adopt or maintain any measure with respect to the supply oflegal advisory and legal authorisation, documentation, and certification services provided bylegal professionals entrusted with public functions, such as notaries, and with respect toservices provided by bailiffs who are appointed by an official act of government (part of CPC
861, part of 87902).

(b)

Auditing services (CPC – 86211, 86212 other than accounting and bookkeeping services)
With respect to Cross-border trade in services – Market access, National treatment:
Cross-border supply of auditing services.
Existing measures:Companies Act 2006.

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Reservation No. 3 - Professional services – health related and retail of pharmaceuticals
Sector:

Health related professional services and retail sales of pharmaceutical,
medical and orthopaedic goods, other services provided bypharmacists

Industry classification: CPC 63211, 85201, 9312, 9319, 93121
Type of reservation:

Market access
National treatment

Section:Investment liberalisation and Cross-border trade in services

Description:
The UK reserves the right to adopt or maintain any measure with respect to the following:(a)Medical and dental services; services provided by midwives, nurses, physiotherapists,
psychologists and paramedical personnel (CPC 63211, 85201, 9312, 9319)
With respect to Investment liberalisation – Market access:Establishment for doctors under the National Health Service is subject to medical manpowerplanning (CPC 93121, 93122).
With respect to Cross-border trade in services – Market access, National treatment:
The supply of all health related professional services, including the services provided byprofessionals such as medical doctors, dentists, midwives, nurses, physiotherapists,
paramedics, and psychologists, requires residency. These services may only be provided bynatural persons physically present in the territory of the UK (CPC 9312, part of 93191).
The cross-border supply of medical, dental and midwives services and services provided bynurses, physiotherapists, psychologists and paramedical personnel (part of CPC 85201, 9312,
part of 93191).
For service suppliers not physically present in the territory of the UK (part of CPC 85201,
9312, part of 93191).

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(b)Retail sales of pharmaceutical, medical and orthopaedic goods, other services provided bypharmacists (CPC 63211)
With respect to Investment liberalisation – Market access and Cross-border trade in services –Market access:
Mail order is only possible from the UK, thus establishment in the UK is required for theretail of pharmaceuticals and specific medical goods to the general public in the UK.
With respect to Cross-border trade in services – Market access, National treatment:
The cross-border retail sales of pharmaceuticals and of medical and orthopaedic goods, andother services supplied by pharmacists.
Existing measures:

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Reservation No. 4 – Business services – collection agency services and credit reporting services
Sector:Business services - collection agency services, credit reporting
services

Industry classification: CPC 87901, 87902
Type of reservation:

Market access
National treatment

Section:Cross-border trade in services

Description:
The UK reserves the right to adopt or maintain any measure with respect to the supply of collection
agency services and credit reporting services.

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Reservation No. 5 – Business services – placement services
Sector:Business Services – placement services

Industry classification: CPC 87202, 87204, 87205, 87206, 87209
Type of reservation:

Market access
National treatment
Senior management and boards of directors

Section:Investment liberalisation and Cross-border trade in services

Description:
The UK reserves the right to adopt or maintain any measure with respect to the following:
The supply of placement services of domestic help personnel, other commercial or industrial
workers, nursing and other personnel (CPC 87204, 87205, 87206, 87209).
To require establishment and to prohibit the cross-border supply of placement services of officesupport personnel and other workers.
Existing measures:

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Reservation No. 6 – Business services – investigation services
Sector:Business services – investigation services

Industry classification: CPC 87301
Type of reservation:

Market access
National treatment
Prohibition of performance requirements
Senior management and boards of directors

Section:Investment liberalisation and Cross-border trade in services

Description:
The UK reserves the right to adopt or maintain any measure with respect to the following:
Investigation services (CPC 87301)
The supply of investigation services.
Existing measures:

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Reservation No. 7 – Business services – other business services
Sector:Business services – other business services

Industry classification: CPC 86764, 86769, 8868
Type of reservation:

Market access
National treatment
Most-favoured-nation treatment

Section:Investment liberalisation and Cross-border trade in services

Description:
The UK reserves the right to adopt or maintain any measure with respect to the following:(a)

Maintenance and repair of vessels, rail transport equipment and aircraft and parts thereof (partof CPC 86764, CPC 86769, CPC 8868)
With respect to Cross-border trade in services – Market access, National treatment:
To require establishment or physical presence in its territory and prohibiting the cross-border
supply of maintenance and repair services of transport equipment from outside its territory.
To require establishment or physical presence in its territory and prohibiting the cross-border
supply of maintenance and repair services of internal waterways transport vessels fromoutside its territory.
To require establishment or physical presence in its territory and prohibiting the cross-border
supply of maintenance and repair services of maritime vessels from outside its territory.
To require establishment or physical presence in its territory and prohibiting the cross-border
supply of maintenance and repair services of aircraft and parts thereof from outside its
territory (part of CPC 86764, CPC 86769, CPC 8868).
Only recognised organisations authorised in the UK may carry out statutory surveys andcertification of ships on behalf of the UK. Establishment may be required.

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Existing measures:
Regulation (EC) No 391/2009 of the European Parliament and the Council of 23 April 2009
on common rules and standards for ship inspection and survey organisations.
(b)

Other business services related to aviation
With respect to Investment liberalisation – Most-favoured-nation treatment and Cross-border
trade in services – Most-favoured-nation treatment:
According differential treatment to a third country pursuant to existing or future bilateralagreements relating to the following services:(i)the selling and marketing of air transport services;(ii) computer reservation system (CRS) services;(iii) maintenance and repair of aircrafts and parts; or(iv) rental or leasing of aircraft without crew.

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Reservation No. 8 – Telecommunication
Sector:Telecommunication services

Type of reservation:

Market access
National treatment

Section:Investment liberalisation and Cross-border trade in services

Description:
The UK reserves the right to adopt or maintain any measure with respect to broadcast transmission
services. Broadcasting is defined as the uninterrupted chain of transmission required for the
distribution of TV and radio programme signals to the general public, but does not covercontribution links between operators.

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Reservation No. 9 – Education services
Sector:

Education services

Industry classification: CPC 92
Type of reservation:

Market access
National treatment
Senior management and boards of directors
Prohibition of performance requirements

Section:Investment liberalisation and Cross-border trade in services

Description:
The UK reserves the right to adopt or maintain any measure with respect to the following:
All educational services which receive public funding or State support in any form, and are
therefore not considered to be privately funded. Where the supply of privately funded education
services by a foreign provider is permitted, participation of private operators in the education
system may be subject to concession allocated on a non-discriminatory basis.
With respect to the supply of privately funded other education services, which means other thanthose classified as being primary, secondary, higher and adult education services (CPC 92).
Existing measures:

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Reservation No. 10 – Financial services
Sector:Financial services

Industry classification:
Type of reservation:

Market access
National treatment

Section:Investment liberalisation and Cross-border trade in services

Description:
The UK reserves the right to adopt or maintain any measure with respect to the following:(a)

All financial services
With respect to Investment liberalisation – Market access:To require a financial service supplier, other than a branch, when establishing in the UK toadopt a specific legal form, on a non-discriminatory basis.

(b)

Insurance and insurance-related services
With respect to Cross-border trade in services – Market access, National treatment:
For the supply of insurance and insurance-related services except for:(i)

direct insurance services (including co-insurance) and direct insurance intermediation
for the insurance of risks relating to:— maritime transport and commercial aviation and space launching and freight(including satellites), with such insurance to cover any or all of the following: thegoods being transported, the vehicle transporting the goods, and any liability
deriving therefrom; and— goods in international transit;
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(ii)Reinsurance and retrocession; and(iii) Services auxiliary to insurance.
(c)Banking and other financial services
With respect to Investment liberalisation – Market access, National treatment and Crossborder trade in services – Market access, National treatment:
Only firms having their registered office in the UK can act as depositories of the assets ofinvestment funds. The establishment of a specialised management company, having its head
office and registered office in the UK is required to perform the activities of management ofcommon funds, including unit trusts, and where allowed under national law, investmentcompanies.
With respect to Cross-border trade in services – Market access, National treatment:
For the supply of banking and other financial services, except for:(i)the provision and transfer of financial information, and financial data processing andrelated software by suppliers of other financial services; and(ii)advisory and other auxiliary financial services relating to banking and other financial
services (excluding insurance) as described in subparagraph (a)(ii) of the definition offinancial service in Article 8.59 of Sub-Section 5 of Section E, but not intermediation as
described in that sub-paragraph.

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940

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Reservation No. 11 – Health and social services
Sector:

Health and social services

Industry classification: CPC 931 other than 9312, part of 93191
Type of reservation:

Market access
National treatment
Senior management and boards of directors
Prohibition of performance requirements

Section:Investment liberalisation and Cross-border trade in services

Description:
The UK reserves the right to adopt or maintain any measure with respect to the following:(a)

Health services – hospital, ambulance, residential health services (CPC 931 other than 9312,
part of 93191)
With respect to Investment liberalisation – Market access, National treatment, Prohibition of
performance requirements, Senior management and boards of directors:
For the supply of all health services which receive public funding or State support in any
form, and are therefore not considered to be privately funded.
For all privately funded health services, other than privately funded hospital, ambulance, andresidential health facilities services other than hospital services. The participation of private
operators in the privately funded health network may be subject to concession on a nondiscriminatory basis. An economic needs test may apply. Main criteria: number of and impact
on existing establishments, transport infrastructure, population density, geographic spread,and creation of new employment.
This reservation does not relate to the supply of all health related professional services,
including the services supplied by professionals such as medical doctors, dentists, midwives,
nurses, physiotherapists, paramedics, and psychologists, which are covered by otherreservations (CPC 931 other than 9312, part of 93191).
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The establishment of privately funded ambulance and residential health facilities services
other than hospital services (CPC 93192, 93193).
Existing measures:(b)

Health and social services, including pension insuranceWith respect to Cross-border trade in services – Market access, National treatment:
Requiring establishment or physical presence in its territory of suppliers and restricting thecross-border supply of health services from outside its territory, the cross-border supply ofsocial services from outside its territory, as well as activities or services forming part of apublic retirement plan or statutory system of social security. This reservation does not relate
to the supply of all health related professional services, including the services provided byprofessionals such as medical doctors, dentists, midwives, nurses, physiotherapists,
paramedics, and psychologists, which are covered by other reservations (CPC 931 other than9312, part of 93191).

(c)Social services, including pension insuranceWith respect to Investment liberalisation – Market access, National treatment, Senior
management and boards of directors, Prohibition of performance requirements:
The supply of all social services which receive public funding or State support in any form,
and are therefore not considered to be privately funded, and activities or services forming partof a public retirement plan or statutory system of social security. The participation of private
operators in the privately funded social network may be subject to concession on a nondiscriminatory basis. An economic needs test may apply. Main criteria: number of and impact
on existing establishments, transport infrastructure, population density, geographic spread,and creation of new employment.
The supply of privately funded social services other than services relating to convalescent andrest houses and old people's homes.
Existing measures:
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Reservation No. 12 – Recreational, cultural and sporting services
Sector:Recreational, cultural and sporting services

Industry classification: CPC 963, 9619, 964
Type of reservation:

Market access
National treatment
Senior management and boards of directors
Prohibition of performance requirements

Section:Investment liberalisation and Cross-border trade in services

Description:
The UK reserves the right to adopt or maintain any measure with respect to the following:(a)

Libraries, archives, museums and other cultural services (CPC 963)
The supply of library, archive, museum and other cultural services.

(b)Entertainment services, theatre, live bands and circus services (CPC 9619, 964 other than
96492)
The cross-border supply of entertainment services, including theatre, live bands, circus anddiscotheque services.

(c)Gambling and betting services (CPC 96492)
The supply of gambling activities, which involve wagering a stake with pecuniary value ingames of chance, including in particular lotteries, scratch cards, gambling services offered in
casinos, gambling arcades or licensed premises, betting services, bingo services and gambling
services operated by and for the benefit of charities or non-profit-making organisations.
This reservation does not apply to games of skill, gambling machines that do not give prizes
or that give prizes only in the form of free games, and promotional games, whose exclusive
purpose is to encourage the sale of goods or services which are not covered by this exclusion.

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Reservation No. 13 – Transport services and auxiliary transport services
Sector:Transport services

Type of reservation:

Market access
National treatment
Most-favoured-nation treatment
Prohibition of performance requirements
Senior management and boards of directors

Section:Investment liberalisation and Cross-border trade in services

Description:
The UK reserves the right to adopt or maintain any measure with respect to the following:(a)Maritime transport and any other commercial activity undertaken from a ship
With respect to Investment liberalisation – Market access, National treatment, Senior
management and boards of directors, Prohibition of performance requirements and Crossborder trade in services – Market access, National treatment:
The nationality of the crew on a seagoing or non-seagoing vessel.
With respect to Investment liberalisation – Market access, National treatment, Most-favourednation treatment, Senior management and boards of directors:
For the purpose of registering a vessel and operating a fleet under the flag of the UK (allcommercial marine activity undertaken from a seagoing ship, including fishing, aquaculture,and services incidental to fishing; international passenger and freight transportation (CPC721); and services auxiliary to maritime transport).

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With respect to Cross-border trade in services – Market access, National treatment:
With respect to Japan when action undertaken or officially decided by Japan restricts or
prohibits UK shipping operators from entering Japanese ports, or from loading and unloadingcargoes in Japan.
(b)

Auxiliary services to maritime transport
With respect to Investment liberalisation – Market access, National treatment, Senior
management and boards of directors and Cross-border trade in services – Market access,National treatment:
The supply of pilotage and berthing services. For greater certainty, regardless of the criteria
which may apply to the registration of ships in the UK, the UK reserves the right to requirethat only ships registered on the national register of the UK may provide pilotage andberthing services (CPC 7452).
Only vessels carrying the flag of the UK may provide pushing and towing services (CPC7214).
Existing measures:(c)Inland waterways transport and auxiliary services to inland waterways transport
With respect to Investment liberalisation – Market access, National treatment, Most-favourednation treatment, Senior management and boards of directors, Prohibition of performancerequirements and Cross-border trade in services – Market access, National treatment, Mostfavoured-nation treatment:

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Inland waterways passenger and freight transportation (CPC 722); and services auxiliary toinland waterways transportation.
For greater certainty this reservation also covers the supply of cabotage transport on inland
waterways (CPC 722).
(d)Rail transport and auxiliary services to rail transport
With respect to Investment liberalisation – Market access, National treatment and Crossborder trade in services – Market access, National treatment:
Railway passenger and freight transportation (CPC 711).
For railway passenger transportation (CPC 7111), this reservation does not apply to treatment
accorded pursuant to Article 8.8 of Section B.

(e)

Road transport (passenger transportation, freight transportation, international truck transport
services) and services auxiliary to road transport
With respect to Investment liberalisation – Market access, National treatment, Senior
management and boards of directors and Cross-border trade in services – Market access,National treatment:(i)to require establishment and to limit the cross-border supply of road transport services(CPC 712).

(ii)

an economic needs test may apply to taxi services in the UK setting a limit on thenumber of service suppliers. Main criteria: Local demand as provided in applicable laws
(CPC 71221).

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Existing measures:
Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October
2009 establishing common rules concerning the conditions to be complied with to pursue theoccupation of road transport operator and repealing Council Directive 96/26/EC;
Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October
2009 on common rules for access to the international road haulage market; andRegulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October
2009 on common rules for access to the international market for coach and bus services, andamending Regulation (EC) No 561/2006.
(f)

Space transport and rental of space craft
With respect to Investment liberalisation – Market access, National treatment, Prohibition of
performance requirements, Senior management and boards of directors and Cross-border
trade in services – Market access, National treatment:
The transportation services via space and the rental of space craft (CPC 733, part of 734).

(g)

Most-favoured-nation exemptions
With respect to Investment liberalisation –Most-favoured-nation treatment, and Cross-border
trade in services – Most-favoured-nation treatment:(i)Road and rail transport
To accord differential treatment to a country pursuant to existing or future bilateralagreements relating to international road haulage (including combined transport – roador rail) and passenger transport, concluded between the UK and a third country (CPC7111, 7112, 7121, 7122, 7123). That treatment may:
— reserve or limit the supply of the relevant transport services between the contracting
parties or across the territory of the contracting parties to vehicles registered in eachparty; or— provide for tax exemptions for such vehicles.
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(ii)Air transport - Services auxiliary to air transport

According differential treatment to a third country pursuant to existing or future bilateralagreements relating to ground-handling services.

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Reservation No. 14 – Fishing and water
Sector:Fishing, aquaculture, services incidental to fishing; collection,
purification and distribution of waterIndustry classification: ISIC Rev. 3.1 0501, 0502, 41, CPC 882
Type of reservation:

Market access
National treatment
Most-favoured-nation treatment
Prohibition of performance requirements
Senior management and boards of directors

Section:Investment liberalisation and Cross-border trade in services

Description:
The UK reserves the right to adopt or maintain any measure with respect to the following:(a)Fishing, aquaculture and services incidental to fishing (ISIC Rev. 3.1 0501, 0502, CPC 882)
With respect to Investment liberalisation – Market access, National treatment, Senior
management and boards of directors, Prohibition of performance requirements, Mostfavoured-nation treatment and Cross-border trade in services – Market access, National
treatment, Most-favoured-nation treatment:
In particular within the framework of fishing agreements with a third country, access to anduse of the biological resources and fishing grounds situated in maritime waters coming under
the sovereignty or within the jurisdiction of the UK, including:(i)regulating the landing of catches performed in the sub-quotas allocated to vessels ofJapan or of a third country in UK ports;(ii)

determining a minimum size for a company in order to preserve both artisanal andcoastal fishing vessels; or

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(iii) according differential treatment to Japan or a third country pursuant to existing or futurebilateral agreements relating to fisheries.
A commercial fishing licence granting the right to fish in the territorial waters of the UK may
only be granted to vessels flying the flag of the UK.
The nationality of the crew of a fishing vessel flying the flag of the UK.
The establishment of marine or inland aquaculture facilities.
(b)Collection, purification and distribution of waterWith respect to Investment liberalisation – Market access, National treatment and Crossborder trade in services – Market access, National treatment:
For activities, including services relating to the collection, purification and distribution ofwater to household, industrial, commercial or other users, including the supply of drinking
water, and water management.

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Reservation No. 15 – Energy related activities
Sector:Production of energy and related services

Industry classification:

ISIC Rev. 3.1 10, 1110, 13, 14, 232, 40, 401, 402, part of 403, CPC
613, 62271, 63297, 7131, 742, 7422, 887 (other than advisory andconsulting services).

Type of reservation:

Market access
National treatment
Prohibition of performance requirements
Senior management and boards of directors

Section:Investment liberalisation and Cross-border trade in services

Description:
The UK reserves the right to adopt or maintain any measure with respect to the following:
Energy services – general (ISIC Rev. 3.1 10, 1110, 13, 14, 232, 40, 401, 402, part of 403, CPC 613,
62271, 63297, 7131, 742, 7422, 887 (other than advisory and consulting services))
With respect to Investment liberalisation – Market access, National treatment, Senior management
and boards of directors, Prohibition of performance requirements and Cross-border trade in services– Market access, National treatment:
Where the UK permits foreign ownership of a gas or electricity transmission system, or an oil andgas pipeline transport system, with respect to enterprises of Japan controlled by natural persons orenterprises of a third country which accounts for more than 5 per cent of the UK’s oil, natural gas
or electricity imports, in order to guarantee the security of the energy supply of the UK. This
reservation does not apply to advisory and consultancy services provided as services incidental toenergy distribution.

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Reservation No. 16 – Other services not included elsewhere
Sector:Other services not included elsewhere

Type of reservation:

Market access
National treatment
Prohibition of performance requirements
Senior management and boards of directors

Section:Investment liberalisation and Cross-border trade in services

Description:
The UK reserves the right to adopt or maintain any measure with respect to the following:
New services
With respect to Investment liberalisation – Market access, National treatment, Senior management
and boards of directors, Prohibition of performance requirements and Cross-border trade in services– Market access, National treatment:
For the provision of new services other than those classified in the United Nations Provisional
Central Product Classification ("CPC"), 1991.

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Schedule of Japan
Headnotes
1.

This Schedule sets out, in accordance with Articles 8.12, 8.18 and 8.24, the reservations taken
by Japan with respect to specific sectors, sub-sectors or activities for which it may maintainexisting, or adopt new or more restrictive, measures that do not conform with obligations
imposed by:1

2.

(a)

Article 8.7 or 8.15;(b)

Article 8.8 or 8.16;(c)

Article 8.9 or 8.17;(d)Article 8.10; or(e)Article 8.11.

Each reservation sets out the following elements:(a)"Sector" refers to the general sector in which the reservation is taken;(b)"Sub-Sector" refers to the specific sector in which the reservation is taken;(c)"Industry Classification" refers, where applicable, and only for transparency purposes,to the activity covered by the reservation according to domestic or international industry
classification codes;(d)"Obligations Concerned" specifies the obligations referred to in paragraph 1 for which
the reservation is taken;

1

For transparency purposes, reservations in this Schedule may include measures taken by
Japan in accordance with Article 1.5 or 8.3.
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(e)"Description" sets out the scope of the sectors, sub-sectors or activities covered by thereservation; and(f)"Existing Measures" identifies, for transparency purposes, existing measures that apply
to the sectors, sub-sectors or activities covered by the reservation.

3.

In the interpretation of a reservation, all elements of the reservation shall be considered. The"Description" element shall prevail over all the other elements.

4.

With respect to financial services:(a)for prudential reasons within the context of Article 8.65, Japan shall not be prevented
from taking measures such as non-discriminatory limitations on juridical forms of acommercial presence. For the same reasons, Japan shall not be prevented from applying
non-discriminatory limitations concerning admission to the market of new financial
services which shall be consistent with a regulatory framework aimed at achieving those
prudential objectives. In this context, securities firms are allowed to deal in securities
defined in the relevant laws of Japan, and banks are not allowed to deal in thosesecurities unless allowed in accordance with those laws; and(b)services supplied in the territory of the United Kingdom to the service consumer inJapan without any active marketing from the service supplier are considered as services
supplied under subparagraph (d)(ii) of Article 8.2.

5.

With respect to maritime transport services, measures affecting cabotage in maritime transport
services are not listed in this Schedule, as these are excluded from the scope of Section B of
Chapter 8, pursuant to subparagraph 2(a) of Article 8.6 and Section C of Chapter 8, pursuant
to subparagraph 2(a) of Article 8.14.

6.

Laws and regulations of Japan with regard to spectrum availability affecting obligations under
Articles 8.7 and 8.15 are not included in this Schedule of Japan, taking into account the
Attachment 6 of Guidelines for the Scheduling of Specific Commitments (WTO Document
S/L/92, dated 28 March 2001).

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7.

For the purposes of the Schedule of Japan in this Annex, "JSIC" means Japan Standard
Industrial Classification set out by the Ministry of Internal Affairs and Communications, andrevised on 30 October 2013.

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1

Sector:All Sectors

Sub-Sector:
Industry
Classification:
Obligations
Concerned:

Market access (Article 8.7)
National treatment (Article 8.8)
Senior management and boards of directors (Article 8.10)

Description:

Investment liberalisation
1.

When transferring or disposing of its equity interests in, or theassets of, a state enterprise or a governmental entity, Japan
reserves the right to:(a)prohibit or impose limitations on the ownership of thoseinterests or assets by entrepreneurs of the United
Kingdom or their investment;

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2.

(b)

impose limitations on the ability of entrepreneurs of theUnited Kingdom or their investment as owners of thoseinterests or assets to control any resulting enterprise; or(c)adopt or maintain any measure relating to the nationalityof executives, managers or members of the board of
directors of any resulting enterprise.

Notwithstanding paragraph 1, the central level of theGovernment of Japan shall not adopt any prohibition, limitation
or measure referred to in paragraph 1 by new laws or
regulations following the initial transfer from the central levelof the Government of Japan to an entrepreneur of the United
Kingdom or to its investment of the interests or assets referred
to in paragraph 1.1

Existing
Measures:1

For greater certainty, the central level of the Government of Japan can maintain suchprohibition, limitation or measure that is adopted or maintained at the initial transfer.
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2

Sector:All Sectors

Sub-Sector:
Industry
Classification:
Obligations
Concerned:

Market access (Articles 8.7 and 8.15)
National treatment (Articles 8.8 and 8.16)
Senior management and boards of directors (Article 8.10)

Description:

Investment liberalisation and Cross-border trade in services
Japan reserves the right to adopt or maintain any measure relating toinvestments in or the supply of telegraph services, betting andgambling services, manufacture of tobacco products, manufacture of
Bank of Japan notes, minting and sale of coinage and postal services
in Japan.1

1

For the purposes of this reservation, "postal services" means delivery of other persons'correspondence (tanin-no-shinsho-no-sotatsu) specified in paragraph 2 of Article 4 of Postal
Law (Law No. 165 of 1947) and correspondence delivery service (shinshobin-no-ekimu)
within the meaning of the Law Concerning Correspondence Delivery Provided by Private
Operators (Law No. 99 of 2002), but does not include special correspondence delivery
services (tokutei-shinshobin-ekimu) within the meaning of the latter Law. Services notincluded in this definition include delivery of parcels, packages, goods, direct mail andperiodicals.
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Existing
Measures:

Telecommunications Business Law (Law No. 86 of 1984),
Supplementary Provisions, Article 5
Postal Law (Law No. 165 of 1947), Article 2
Law Concerning Correspondence Delivery Provided by Private
Operators (Law No. 99 of 2002)
Horse Racing Law (Law No. 158 of 1948), Article 1-2
Law relating to Motorboat Racing (Law No. 242 of 1951), Article 2
Bicycle Racing Law (Law No. 209 of 1948), Article 1
Auto Racing Law (Law No. 208 of 1950), Article 3
Lottery Law (Law No. 144 of 1948), Article 4
Bank of Japan Act (Law No. 89 of 1997), Articles 46 and 49
The Law relating to Unit of Currency and Issue of Coin (Law No. 42
of 1987), Articles 4 and 10
Sports Promotion Lottery Law (Law No. 63 of 1998), Article 3

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3

Sector:All Sectors (Unrecognised or Technically Unfeasible Services)

Sub-Sector:
Industry
Classification:
Obligations
Concerned:

Market access (Articles 8.7 and 8.15)
National treatment (Articles 8.8 and 8.16)
Most-favoured-nation treatment (Articles 8.9 and 8.17)

Description:

Investment liberalisation and Cross-border trade in services
1.

Japan reserves the right to adopt or maintain any measure
relating to services other than those recognised or other thanthose that should have been recognised by the Government ofJapan owing to the circumstances on the date of entry into forceof this Agreement.

2.

Any services classified positively and explicitly in JSIC or
CPC, on the date of entry into force of this Agreement shouldhave been recognised by the Government of Japan on that date.

3.

Japan reserves the right to adopt or maintain any measure
relating to the supply of services in any mode of supply inwhich those services were not technically feasible on the dateof entry into force of this Agreement.

Existing
Measures:

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4

Sector:Aerospace Industry

Sub-Sector:

Space Industry

Industry
Classification:
Obligations
Concerned:

Market access (Articles 8.7 and 8.15)
National treatment (Articles 8.8 and 8.16)
Senior management and boards of directors (Article 8.10)
Prohibition of performance requirements (Article 8.11)

Description:

Investment liberalisation and Cross-border trade in services
1.

Japan reserves the right to adopt or maintain any measure
relating to investments in space industry.

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2.

Existing
Measures:

Japan reserves the right to adopt or maintain any measure
relating to the supply of services in space industry, including:(a)services based on technological introduction contracts forimporting technology for development, production or use;(b)

production services on fee or contract basis;(c)repair and maintenance services; and(d)space transportation services.

Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949),
Articles 27, 28 and 30
Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261
of 1980), Articles 3 to 5

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5

Sector:Arms and Explosives Industry

Sub-Sector:

Arms Industry
Explosives Manufacturing Industry

Industry
Classification:
Obligations
Concerned:

Market access (Articles 8.7 and 8.15)
National treatment (Articles 8.8 and 8.16)
Senior management and boards of directors (Article 8.10)
Prohibition of performance requirements (Article 8.11)

Description:

Investment liberalisation and Cross-border trade in services
1.

Japan reserves the right to adopt or maintain any measure
relating to investments in arms industry and explosives
manufacturing industry.

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2.

Existing
Measures:

Japan reserves the right to adopt or maintain any measure
relating to the supply of services in arms industry andexplosives manufacturing industry, including:(a)services based on technological introduction contracts forimporting technology for development, production or use;(b)

production services on fee or contract basis; and(c)repair and maintenance services.

Ordnance Manufacturing Law (Law No. 145 of 1953), Article 5
Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949),
Articles 27, 28 and 30
Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261
of 1980), Articles 3 to 5

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6

Sector:Information and Communications

Sub-Sector:

Broadcasting Industry

Industry
Classification:

JSIC 380

Establishments engaged in administrative or ancillary
economic activities

JSIC 381

Public broadcasting, except cablecasting

JSIC 382

Private-sector broadcasting, except cablecasting

JSIC 383

Cablecasting

Obligations
Concerned:

Market access (Articles 8.7 and 8.15)
National treatment (Articles 8.8 and 8.16)
Senior management and boards of directors (Article 8.10)
Prohibition of performance requirements (Article 8.11)

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Description:

Existing
Measures:

Investment liberalisation and Cross-border trade in services
1.

Japan reserves the right to adopt or maintain any measure
relating to investments or the supply of services in broadcasting
industry.

2.

For the purposes of this reservation, "broadcasting" means thetransmission of telecommunications with the aim of direct
reception by the public (paragraph 1 of Article 2 of the
Broadcast Law (Law No. 132 of 1950)) and does not include
on-demand services including those services provided over theinternet.

Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949),
Article 27
Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261
of 1980), Article 3
Radio Law (Law No. 131 of 1950), Chapter 2
Broadcast Law (Law No. 132 of 1950), Chapters 2 and 5 to 8

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7

Sector:

Education and Learning Support

Sub-Sector:

Primary and Secondary Educational Services

Industry
Classification:

JSIC 811

Kindergartens

JSIC 812

Elementary schools

JSIC 813

Lower secondary schools

JSIC 814

Upper secondary schools, secondary schools

JSIC 815

School for special needs education

JSIC 819

Integrated centres for early childhood education andcare

Obligations
Concerned:

Market access (Articles 8.7 and 8.15)
National treatment (Articles 8.8 and 8.16)

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Description:

Investment liberalisation and Cross-border trade in services
Japan reserves the right to adopt or maintain any measure relating toinvestments or the supply of primary and secondary educational
services.

Existing
Measures:Fundamental Law of Education (Law No. 120 of 2006), Article 6
School Education Law (Law No. 26 of 1947), Article 2
Private School Law (Law No. 270 of 1949), Article 3
Law Concerning Advancement of Comprehensive Service Related to
Education, Child Care, Etc. of Preschool Children (Law No.77 of
2006)

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8

Sector:EnergySub-Sector:

Electricity Utility Industry
Gas Utility Industry
Nuclear Energy Industry

Industry
Classification1:

1

JSIC 0519*1

Miscellaneous metal mining

JSIC 2391

Nuclear fuelJSIC 281*2

Electronic devices

JSIC 282*2

Electronic parts

JSIC 289*2

Miscellaneous electronic parts, devices andelectronic circuits

JSIC 291*2

Electrical generating, transmission and distribution
apparatus

JSIC 292*2

Industrial electrical apparatus

An asterisk (*1) on the JSIC number indicates that the activities covered by the reservation
under such number are limited to nuclear materials. An asterisk (*2) on the JSIC numbers
indicates that the activities covered by the reservation under such numbers are limited to theactivities related to nuclear energy industry.
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JSIC 2952*2

Primary batteries (dry and wet)

JSIC 296*2

Electronic equipment

JSIC 297*2

Electric measuring instruments

JSIC 299*2

Miscellaneous electrical machinery equipment andsupplies

JSIC 30*2

Manufacture of information and communicationelectronics equipment

JSIC 313*2

Shipbuilding and repairing, and marine engines

JSIC 3159*2

Miscellaneous industrial trucks and parts andaccessories

JSIC 3199*2

Transportation equipment, n.e.c.

JSIC 33

Production, transmission and distribution ofelectricity

JSIC 34

Production and distribution of gas

JSIC 8899*2

Waste disposal business, n.e.c.

JSIC 9011*2

General machine repair shops, except construction
and mining machinery

JSIC 902*2

Electrical machinery, apparatus, appliances andsupplies repair shop

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Obligations
Concerned:

Market access (Articles 8.7 and 8.15)
National treatment (Articles 8.8 and 8.16)
Senior management and boards of directors (Article 8.10)
Prohibition of performance requirements (Article 8.11)1
Most-favoured-nation treatment (Article 8.17)

Description:

Investment liberalisation and Cross-border trade in services
Japan reserves the right to adopt or maintain any measure relating toinvestments or the supply of services in the energy industry listed inthe "sub-sector" element.

Existing
Measures:

Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949),
Articles 27, 28 and 30
Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261
of 1980), Articles 3 to 5
Electricity Business Law (Law No.170 of 1964), Chapter 2
Gas Business Law (Law No.51 of 1954), Chapter 3
Specified Radioactive Waste Final Disposal Law (Law No. 117 of2000), Chapter 5

1

With respect to the obligation under Article 8.11, this reservation applies only to measures
which are not inconsistent with the obligations under the Agreement on Trade-Related
Investment Measures.
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9

Sector:Financial Services

Sub-Sector:

Banking and Other Financial Services (excluding insurance)

Industry
Classification:
Obligations
Concerned:

Market access (Article 8.15)

Description:

Cross-border trade in services

National treatment (Article 8.16)

Japan reserves the right to adopt or maintain any measure withrespect to cross-border trade in financial services for banking andother financial services, other than the following services set out in
subparagraphs (a) to (d) through the mode of supply defined insubparagraph (d)(i) of Article 8.2 and the following service set out in
subparagraph (e) through the mode of supply defined in subparagraph(d)(ii) of Article 8.2:1(a)1

securities-related transactions with financial institutions andother entities in Japan as prescribed by the relevant laws andregulations of Japan;

With respect to subparagraphs (a) to (d) of this reservation, Japan may require the registration
or authorisation of cross-border financial service suppliers of the United Kingdom and of
financial instruments.
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(b)sales of a beneficiary certificate of an investment trust and an
investment security, through securities firms in Japan;1(c)the following services to a collective investment scheme:(i)investment advice; and(ii)

portfolio management services, excluding:(A) trustee services; and(B)

Existing
Measures:1
2

custodial services and execution services that are
not related to managing a collective investment
scheme2.

(d)provision and transfer of financial information and financial
data processing as referred to in subparagraph (a)(ii)(K) of
Article 8.59 and advisory and other auxiliary services,
excluding intermediation, relating to banking and otherfinancial services as referred to in subparagraph (a)(ii)(L) of
Article 8.59; and(e)the services as referred to in subparagraph (a)(ii) of Article
8.59.

Financial Instruments and Exchange Law (Law No. 25 of 1948),
Articles 29, 29-2 and 61

Solicitation is required to be conducted by securities firms in Japan.
The term "collective investment scheme" in this reservation is construed as a financial
instruments business operator engaged in investment management business under the
Financial Instruments and Exchange Law (Law No. 25 of 1948).
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10

Sector:Financial Services

Sub-Sector:

Insurance and Insurance-related Services

Industry
Classification:
Obligations
Concerned:

Market access (Article 8.15)

Description:

Cross-border trade in services

National treatment (Article 8.16)

Japan reserves the right to adopt or maintain any measure withrespect to cross-border trade in financial services for insurance andinsurance-related services, other than the following services, whether
supplied by a financial service supplier of the United Kingdom
established in the territory of United Kingdom as a principal, throughan intermediary or as an intermediary through the modes of supply
defined in subparagraphs (d)(i) and (d)(ii) of Article 8.2:1

1

Insurance intermediation services may be supplied only for insurance contracts allowed to besupplied in Japan.
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(a)

(b)

Existing
Measures:insurance of risks relating to:(i)maritime shipping and commercial aviation andspace launching and freight (including satellites),with such insurance to cover any or all of thefollowing: the goods being transported, the vehicletransporting the goods and any liability arising
therefrom; and(ii)

goods in international transit; andreinsurance, retrocession and the services auxiliary to
insurance as referred to in subparagraph (a)(i)(D) of
Article 8.59.

Insurance Business Law (Law No. 105 of 1995), Articles 185, 186,
275 to 277, 286 and 287
Cabinet Order for Enforcement of Insurance Business Law (Cabinet
Order No. 425 of 1995), Articles 19 and 39-2
Ministerial Ordinance for Enforcement of Insurance Business Law(Ministerial Ordinance of the Ministry of Finance No. 5 of 1996),
Articles 116 and 212-6

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11

Sector:Fisheries and Services Incidental to Fisheries

Sub-Sector:

Fisheries within the Territorial Sea, Internal Waters, Exclusive
Economic Zone and Continental Shelf

Industry
Classification:

JSIC 031

Marine fisheries

JSIC 032

Inland water fisheries

JSIC 041

Marine aquaculture

JSIC 042

Inland water aquaculture

JSIC 8093

Recreational fishing guide business

Obligations
Concerned:

Market access (Articles 8.7 and 8.15)
National treatment (Articles 8.8 and 8.16)
Most-favoured-nation treatment (Articles 8.9 and 8.17)
Senior management and boards of directors (Article 8.10)
Prohibition of performance requirements (Article 8.11)

Description:

Investment liberalisation and Cross-border trade in services
1.

Japan reserves the right to adopt or maintain any measure
relating to investments or the supply of services in fisheries inthe territorial sea, internal waters, exclusive economic zone andcontinental shelf of Japan.

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2.

Existing
Measures:

For the purposes of this reservation, the term "fisheries" means
the work of taking and cultivation of aquatic resources,
including the following fisheries related services:(a)investigation of aquatic resources without taking thoseresources;(b)luring of aquatic resources;(c)preservation and processing of fish catches;(d)transportation of fish catches and fish products; and(e)provision of supplies to other vessels used for fisheries.

Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949),
Article 27
Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261
of 1980), Article 3
Law for Regulation of Fishing Operation by Foreign Nationals (Law
No. 60 of 1967), Articles 3, 4 and 6
Law Concerning the Exercise of Sovereign Rights concerning
Fisheries in the Exclusive Economic Zones (Law No. 76 of 1996),
Articles 4, 5, 7 to 12 and 14

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12

Sector:Land Transaction

Sub-Sector:
Industry
Classification:
Obligations
Concerned:

Market access (Article 8.7)
National treatment (Articles 8.8 and 8.16)
Most-favoured-nation treatment (Articles 8.9 and 8.17)

Description:

Existing
Measures:1

Investment liberalisation and Cross-border trade in services
1.

With respect to the acquisition or lease of land properties inJapan, prohibitions or restrictions may be imposed by Cabinet
Order on foreign nationals or legal persons, where Japanesenationals or legal persons are placed under identical or similar
prohibitions or restrictions in the foreign country.

2.

Japan reserves the right to adopt or maintain any measure
relating to the acquisition of agricultural land properties inJapan.1

Alien Land Law (Law No. 42 of 1925), Article 1
Agricultural Land Act (Law No. 229 of 1952), Articles 2, 3, 6 and 7

The obligation under Article 8.7 is stipulated in this reservation for the sole purpose ofreserving the right to adopt or maintain any measure relating to the acquisition of agriculturalland properties in Japan. With regard to the acquisition of agricultural land properties inJapan, only measures that do not conform with the obligation under Article 8.7 may be
imposed.
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13

Sector:Public Law Enforcement and Correctional Services and Social
Services

Sub-Sector:
Industry
Classification:

Obligations
Concerned:

Market access (Articles 8.7 and 8.15)
National treatment (Articles 8.8 and 8.16)
Most-favoured-nation treatment (Articles 8.9 and 8.17)
Senior management and boards of directors (Article 8.10)
Prohibition of performance requirements (Article 8.11)

Description:

Investment liberalisation and Cross-border trade in services
Japan reserves the right to adopt or maintain any measure relating toinvestments or the supply of services in public law enforcement andcorrectional services, and in social services established or maintained
for a public purpose: income security or insurance, social security or
insurance, social welfare, public training, health, child care andpublic housing.

Existing
Measures:

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14

Sector:

Security Guard Services

Sub-Sector:
Industry
Classification:

JSIC 923

Guard services

Obligations
Concerned:

Market access (Articles 8.7 and 8.15)

Description:

Investment liberalisation and Cross-border trade in services

National treatment (Article 8.16)

Japan reserves the right to adopt or maintain any measure relating to
the supply of security guard services.
Existing
Measures:

Security Business Law (Law No. 117 of 1972), Articles 4 and 5

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15

Sector:All Sectors

Sub-Sector:
Industry
Classification:
Obligations
Concerned:

Most-favoured-nation treatment (Articles 8.9 and 8.17)

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Description:

Investment liberalisation and Cross-border trade in services
1.

1

2

Japan reserves the right to adopt or maintain any measure that
accords less favourable treatment to services, service suppliers,
covered enterprises or entrepreneurs of the United Kingdom toany extent than any treatment that Japan accords to services,
service suppliers, enterprises or entrepreneurs of a third
country, provided that Japan is obliged to accord any treatment
to services, service suppliers, enterprises or entrepreneurs of thethird country under any bilateral or multilateral agreement inforce on, or signed prior to, the date of entry into force of thisAgreement except for the TPP Agreement1(hereinafter, suchbilateral or multilateral agreement is referred to in thisreservation as "the pre-existing agreement").2

For the purposes of this reservation, "the TPP Agreement" means the Trans-PacificPartnership Agreement, done at Auckland on 4 February 2016 or the Comprehensive andProgressive Agreement for Trans-Pacific Partnership, done at Santiago on 8 March 2018.
For greater certainty, this reservation does not include subsequent reviews, amendments orliberalisation under the framework of such pre-existing agreements, to the extent that any
treatment to services, service suppliers, enterprises or entrepreneurs of a third country under
the pre-existing agreement is newly accorded as a result of those subsequent reviews,
amendments or liberalisation.
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2.

With respect to the treatment that is accorded by Japan toservices, service suppliers, enterprises or entrepreneurs of a
TPP member1 pursuant to the TPP Agreement, no lessfavourable treatment than that treatment shall be accorded by
Japan to services, service suppliers, covered enterprises orentrepreneurs of the United Kingdom in accordance with themost-favoured-nation obligations in this Agreement. The
preceding sentence shall not be interpreted as obliging Japan toextend to services, service suppliers, covered enterprises orentrepreneurs of the United Kingdom any preferential treatment
accorded to those of a third country under any pre-existing
agreement, which may be extended to those of a TPP member
in accordance with the most-favoured-nation obligations in the
TPP Agreement.

3.

Japan reserves the right to adopt or maintain any measure that
accords differential treatment to countries under any bilateral or
multilateral agreement, other than the pre-existing agreement
and the TPP Agreement, involving:(a)fisheries; or(b)maritime matters, including salvage.

Existing
Measures:1

For the purposes of this reservation, "a TPP member" means any state or separate customs
territory for which the TPP Agreement is in force.
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16

Sector:Agriculture

Sub-Sector:

Dairy Cattle Farming
Beef Cattle Farming

Industry
Classification:

JSIC 0121

Dairy Cattle Farming

JSIC 0122

Beef Cattle Farming

Obligations
Concerned:

Market access (Article 8.7)

Description:

Investment liberalisation
Japan reserves the right to adopt or maintain any measure relating toinvestments in dairy cattle farming and beef cattle farming.

Existing
Measures:

Law Concerning Dairy and Beef Cattle Production Promotion (Law
No. 182 of 1954), Article 10

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17

Sector:Transport/Business Services

Sub-Sector:

Air Transport

Industry
Classification:
Obligations
Concerned:

Most-favoured-nation treatment (Articles 8.9 and 8.17)

Description:

Investment liberalisation and Cross-border trade in services
Japan reserves the right to adopt or maintain any measure under any
bilateral or multilateral agreement involving aviation relating to theservices referred to in subparagraphs 2(b)(i) to (iv) of Article 8.6 andsubparagraphs 2(b)(i) to (iv) of Article 8.14.

Existing
Measures:________________

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ANNEX III

BUSINESS VISITORS FOR ESTABLISHMENT PURPOSES,INTRA-CORPORATE TRANSFEREES, INVESTORSAND SHORT-TERM BUSINESS VISITORS

Schedule of the United Kingdom
1.

Articles 8.25 and 8.27 do not apply to any existing non-conforming measure listed in thisSchedule, to the extent of the non-conformity.

2.

Commitments for business visitors for establishment purposes, intra-corporate transferees andinvestors do not apply in cases where the intent or effect of their temporary presence is tointerfere with, or otherwise affect the outcome of, any labour or management dispute or
negotiation.

3.

The United Kingdom does not take commitments in respect of short-term business visitors.

4.

The permissible length of stay shall be as follows:(a)business visitors for establishment purposes: up to 90 days in any 12-month period;(b)intra-corporate transferees: up to three years, with possible extension by discretion of
the United Kingdom; and(c)5.

investors: up to one year.

Business visitors for establishment purposes

All sectors:

Business visitor needs to be employed by an enterprise other than a nonprofit organisation, otherwise: Unbound.

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6.

Intra-corporate transferees (managers and specialists)

All sectors

1.

Intra-corporate transferees need to be employed by an enterprise
other than a non-profit organisation, otherwise: Unbound.

2.

Accompanying partner and dependent children:(a)

The United Kingdom shall allow the entry and temporary stay ofthe partner, as defined in the relevant Immigration Rules, anddependent children accompanying an intra-corporate transferee ofJapan who has been granted entry and temporary stay pursuant to
Article 8.25, for the same period as the period of temporary stay
granted to the intra-corporate transferee.

(b)

For the purposes of this Article, "dependent children" means
children who are dependent on the intra-corporate transferee andwho are recognised as children in accordance with the laws andregulations of the United Kingdom where:(i)

the intra-corporate transferee has sole responsibility for thechildren; or(ii)both of the children's parents are being granted entry andtemporary stay in accordance with this Agreement.

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Schedule of Japan
Business visitors for establishment purposes
1.

The permissible length of stay in Japan for business visitors for establishment purposes of theUnited Kingdom shall be a period of up to 90 days.

2.

The permissible length of stay in Japan for business visitors for establishment purposes of theUnited Kingdom is without prejudice to the rights granted by Japan to nationals or citizens of
the United Kingdom under bilateral visa waivers.

Intra-corporate transferees
3.

The permissible length of stay in Japan for intra-corporate transferees of the United Kingdom
shall be a period of up to five years.

Investors
4.

The permissible length of stay in Japan for investors of the United Kingdom shall be a periodof up to five years.

Short-term business visitors
5.

Short-term business visitors of the United Kingdom are allowed to participate in businesscontacts, including negotiations for the sale of goods or supply of services, or other similar
activities which comply with the conditions set out in Article 8.27 during their temporary stayin Japan.

6.

The permissible length of stay in Japan for short-term business visitors of the United
Kingdom shall be a period of up to 90 days.

7.

The permissible length of stay in Japan for short-term business visitors of the United
Kingdom is without prejudice to the rights granted by Japan to nationals or citizens of theUnited Kingdom under bilateral visa waivers.

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Accompanying spouse and children
8.

Entry and temporary stay in Japan shall be granted to a spouse and children accompanying anatural person of the United Kingdom who has been granted entry and temporary stay inJapan pursuant to paragraph 3 or 4, in principle for the same period as the period of thetemporary stay in Japan granted to that natural person, provided that those spouse andchildren concerned obtain maintenance from that natural person and engage in daily activities
recognised under the status of residence of "Dependent" provided for in the Immigration
Control and Refugee Recognition Act (Cabinet Order No. 319 of 1951).

9.

A spouse who has been granted the entry and temporary stay in Japan pursuant to paragraph 8
may, upon application, have his or her status of residence changed to that under which he or
she is allowed to work, subject to the approval of the Government of Japan in accordance with
the Immigration Control and Refugee Recognition Act.

10.

For the purposes of this Schedule, "spouse" or "children" means a spouse or children
recognised as such in accordance with the laws and regulations of Japan.

______________

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ANNEX IV

CONTRACTUAL SERVICE SUPPLIERS
AND INDEPENDENT PROFESSIONALS
Schedule of the United Kingdom
1.

The United Kingdom shall allow the supply of services in its territory by contractual service
suppliers or independent professionals of Japan through the presence of natural persons inaccordance with Article 8.26 for the sectors listed in this Schedule, subject to the relevant
limitations listed in paragraph 13.

2.

The list of reservations in paragraph 13 is composed of the following elements:(a)the first column indicating the sector or sub-sector for which the category of contractual
service suppliers and independent professionals are liberalised; and(b)
3.

the second column describing the applicable limitations.

In addition to the list of reservations in this Schedule, the United Kingdom may adopt ormaintain a measure relating to qualification requirements, qualification procedures, technicalstandards, licensing requirements or licensing procedures that does not constitute a limitation
within the meaning of Article 8.26. Those measures, which include requirements to obtain alicence, to obtain recognition of qualifications in regulated sectors or to pass specificexaminations, such as language examinations, even if not listed in this Schedule, apply in any
case to contractual service suppliers or independent professionals of Japan.

4.

The United Kingdom does not undertake any commitment for contractual service suppliers
and independent professionals in economic activities which are not listed.

5.

Commitments for contractual service suppliers and independent professionals do not apply incases where the intent or effect of their temporary presence is to interfere with, or otherwise
affect the outcome of, any labour or management dispute or negotiation.

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6.

The following abbreviations are used in the list below of reservations in paragraph 13:
CSS Contractual service suppliers
IP Independent professionals

Contractual service suppliers
7.

Subject to the conditions in paragraph 9 and the list of reservations in paragraph 13 the United
Kingdom makes commitments in accordance with Article 8.26 with respect to the category ofcontractual service suppliers in the following sectors or sub-sectors:(a)legal advisory services in respect of public international law and foreign law;(b)

accounting and bookkeeping services;(c)taxation advisory services;(d)architectural services and urban planning and landscape architectural services;(e)engineering services and integrated engineering services;(f)computer and related services;(g)

research and development services;(h)advertising services;(i)market research and opinion polling services;(j)management consulting services;(k)services related to management consulting;(l)technical testing and analysis services;

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(m) related scientific and technical consulting services;(n)mining;(o)maintenance and repair of vessels;(p)maintenance and repair of rail transport equipment;(q)maintenance and repair of motor vehicles, motorcycles, snowmobiles and road transport
equipment;(r)maintenance and repair of aircrafts and parts thereof;(s)maintenance and repair of metal products, of (non-office) machinery, of (non-transportand non-office) equipment and of personal and household goods;(t)translation and interpretation services;(u)telecommunication services;(v)

postal and courier services;(w) site investigation work;(x)

environmental services;(y)insurance and insurance related services advisory and consulting services;(z)other financial services advisory and consulting services;(aa) transport advisory and consulting services;(bb) travel agencies and tour operators' services;(cc) tourist guides services; and
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(dd) manufacturing advisory and consulting services.

8.

The contractual service suppliers shall comply with the following conditions:(a)the natural persons are engaged in the supply of a service on a temporary basis as
employees of a juridical person which has obtained a service contract not exceeding 12months;(b)

the natural persons entering the United Kingdom have been offering such services as
employees of the juridical person supplying the services for at least the year
immediately preceding the date of submission of an application for entry into the United
Kingdom and possess, at the date of submission of an application for entry into theUnited Kingdom at least three years professional experience1 in the sector of activity
which is the subject of the contract;(c)

the natural persons entering the United Kingdom shall possess:(i)a university degree or a qualification demonstrating knowledge of an equivalentlevel; and(ii)

the professional qualifications to exercise an activity where this is required
pursuant to the laws, regulations or legal requirements of the United Kingdom
where the service is supplied;(d)the natural person does not receive remuneration for the provision of services in the
territory of the United Kingdom other than the remuneration paid by the juridical person
employing the natural person;(e)the access accorded relates only to the service activity which is the subject of thecontract and does not confer entitlement to exercise the professional title of the United
Kingdom; and1Professional experience shall be obtained after having reached the age of majority.
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(f)the number of persons covered by the service contract shall not be larger than necessary
to fulfil the contract, as it may be requested by the laws, regulations or other legal
requirements of the United Kingdom.

9.

The permissible length of stay of contractual service suppliers is for a cumulative period of
not more than six months in any 12-month period or for the duration of the contract,whichever is less.

Independent professionals
10.

Subject to the conditions in paragraph 12 and the list of reservations in paragraph 13, theUnited Kingdom makes commitments in accordance with Article 8.26 with respect to thecategory of independent professionals in the following sectors or sub-sectors:(a)legal advisory services in respect of public international law and foreign law;(b)architectural services and urban planning and landscape architectural services;(c)engineering services and integrated engineering services;(d)computer and related services;(e)research and development services;(f)market research and opinion polling services;(g)management consulting services;(h)services related to management consulting;(i)mining;(j)translation and interpretation services;(k)telecommunication services;
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(l)postal and courier services;(m) insurance related services advisory and consulting services;

11.

(n)

other financial services advisory and consulting services;(o)transport advisory and consulting services; and(p)manufacturing advisory and consulting services.

The independent professionals shall comply with the following conditions:(a)the natural persons are engaged in the supply of a service on a temporary basis as selfemployed persons established in Japan and have obtained a service contract for a period
not exceeding 12 months;(b)

the natural persons entering the United Kingdom possess, at the date of submission ofan application for entry into the United Kingdom at least six years professional
experience in the sector of activity which is the subject of the contract;(c)

the natural persons entering the United Kingdom possess:(i)a university degree or a qualification demonstrating knowledge of an equivalentlevel; and(ii)

the professional qualifications to exercise an activity where this is required
pursuant to the law, regulations or other legal requirements of the United
Kingdom; and(d)the access accorded relates only to the service activity which is the subject of thecontract and does not confer entitlement to exercise the professional title of the United
Kingdom.

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12.

The permissible length of stay of independent professionals is for a cumulative period of not
more than six months in any 12-month period or for the duration of the contract, whichever is
less.

13.

The United Kingdom lists the following reservations referred to in paragraph 1:
Sector or sub-sector

Description of reservations

Legal advisory services in respect of public international law andforeign law(part of CPC 861)

Accounting and bookkeeping services(CPC 86212 other than "auditing services", 86213, 86219 and86220)

IP:
None.
CSS:
None.
IP:
Unbound.
CSS:
None.

Taxation advisory services(CPC 863)1

IP:
Unbound.

Architectural services and Urban planning and landscapearchitectural services(CPC 8671 and 8674)

Engineering services and Integrated engineering services(CPC 8672 and 8673)

CSS:
None.
IP:
None.
CSS:
None.
IP:
None.
CSS:
None.

Computer and related services(CPC 84)

1

CSS:
None.

IP:
None.

Taxation advisory services does not include legal advisory and legal representational
services on tax matters, which are under legal advisory services in respect of public
international law and foreign law.
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Sector or sub-sector

Description of reservations

Research and development Services(CPC 851, 852 excluding psychologists services1, and 853)

IP:
None.
A hosting agreement with anapproved researchorganisation is required.
CSS:
None.

Advertising services(CPC 871)

IP:
Unbound.
CSS:
None.

Market research and opinion polling services(CPC 864)

IP:
None.
CSS:
None.

Management consulting services(CPC 865)

IP:
None.
CSS:
None.

Services related to management consulting(CPC 866)

IP:
None.
CSS:
None.

Technical testing and analysis services(CPC 8676)

IP:
Unbound.

Related scientific and technical consulting services(CPC 8675)

1

CSS:
None.
A hosting agreement with anapproved researchorganisation is required.

CSS:
None.
IP:
Unbound.

Part of CPC 85201, which is under medical and dental services.
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Sector or sub-sector

Description of reservations

Mining(CPC 883, advisory and consulting services only)

IP:
None.
CSS:
None.

Maintenance and repair of vessels(part of CPC 8868)

IP:
Unbound.

Maintenance and repair of rail transport equipment(part of CPC 8868)

Maintenance and repair of motor vehicles, motorcycles,
snowmobiles and road transport equipment(CPC 6112, 6122, part of 8867 and part of 8868)

Maintenance and repair of aircraft and parts thereof(part of CPC 8868)

Maintenance and repair of metal products, of (non-office)machinery, of (non-transport and non-office) equipment and of
personal and household goods1(CPC 633, 7545, 8861, 8862, 8864, 8865 and 8866)Translation and interpretation services(CPC 87905, excluding official or certified activities)

Telecommunication services(CPC 7544, advisory and consulting services only)

1

CSS:
None.

CSS:
None.
IP:
Unbound.
CSS:
None.
IP:
Unbound.
CSS:
None.
IP:
Unbound.
CSS:
None.
IP:
Unbound.
CSS:
None.
IP:
None.
CSS:
None.
IP:
None.

Maintenance and repair services of office machinery and equipment including computers(CPC 845) are under computer services.
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Sector or sub-sector

Description of reservations

Postal and courier services(CPC 751, advisory and consulting services only)

CSS:
None.
IP:
None.
CSS:
None.

Site investigation work
(CPC 5111)

IP:
Unbound.
CSS:
None.

Environmental services(CPC 9401, 9402, 9403, 9404, part of 94060, 9405, part of 9406 and
9409)
IP:
Unbound.
CSS:
None.

Insurance and insurance related services(advisory and consulting services only)

IP:
None.
CSS:
None.

Other financial services(advisory and consulting services only)

IP:
None.

Transport(CPC 71, 72, 73, and 74, advisory and consulting services only)

IP:
None
CSS:
None.

Travel agencies and tour operators services(including tour managers1)(CPC 7471)

IP:
Unbound.
CSS:
None.

Tourist guides services(CPC 7472)

1

CSS:
None.

IP:
Unbound.

Services suppliers whose function is to accompany a tour group of a minimum of 10 natural
persons, without acting as guides in specific locations.
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Sector or sub-sector

Description of reservations

Manufacturing(CPC 884, and 885, advisory and consulting services only)

CSS:
None.
IP:
None.

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Schedule of Japan

Contractual service suppliers and independent professionals

1.

Contractual service suppliers and independent professionals of the United Kingdom areallowed to engage in business activities of supplying services during their temporary stay inJapan which correspond to:(a)activities which require technology or knowledge at an advanced level pertinent tonatural sciences, including physical sciences and engineering, or to human sciences,including jurisprudence, economics, business management and accounting, or activities
which require ideas and sensitivity based on culture of a country other than Japan,
recognised under the status of residence of "Engineer/Specialist in
Humanities/International Services" provided for in the Immigration Control andRefugee Recognition Act (Cabinet Order No. 319 of 1951);(b)

activities for research, guidance of research, or education at a university in Japan, an
equivalent educational institution in Japan, or a college of technology in Japan,
recognised under the status of residence of "Professor" provided for in the Immigration
Control and Refugee Recognition Act;(c)legal services supplied by the following natural persons, who must be qualified as
specified under the laws and regulations of Japan:(i)

a lawyer qualified as "Bengoshi";(ii)

a patent attorney qualified as "Benrishi";(iii) a maritime procedure agent qualified as "Kaijidairishi";(iv) a judicial scrivener qualified as "Shiho-Shoshi";(v)

an administrative scrivener qualified as "Gyosei-Shoshi";- 10011001 -

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(vi) a certified social insurance and labour consultant qualified as "Shakai-HokenRomushi"; or(vii) a land and house surveyor qualified as "Tochi-Kaoku-Chosashi";(d)legal advisory services on law of jurisdiction where the service supplier is a qualified
lawyer and is qualified as "Gaikokuho-Jimu-Bengoshi" under the laws and regulationsof Japan;(e)accounting, auditing and bookkeeping services supplied by an accountant qualified as"Koninkaikeishi" under the laws and regulations of Japan; or(f)taxation services supplied by a tax accountant qualified as "Zeirishi" under the laws andregulations of Japan.

2.

The activities which require technology or knowledge at an advanced level pertinent tonatural or human sciences referred to in subparagraph 1(a) means activities in which thenatural person may not be able to engage without the application of specialised technology or
knowledge of natural or human sciences acquired by that person, in principle, by completingcollege education (i.e. bachelor's degree, associate's degree awarded through graduating froma junior college, or their equivalents) or higher education.

3.

The limitations of business activities referred to in paragraph 1 are specified in Appendix IV.

4.

The permissible length of stay in Japan for contractual service suppliers and independent
professionals of the United Kingdom shall be a period of up to five years.

- 10021002 -

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Accompanying spouse and children
5.

Entry and temporary stay in Japan shall be granted to a spouse and children accompanying anatural person of the United Kingdom who has been granted entry and temporary stay inJapan pursuant to paragraphs 1 to 4, in principle for the same period as the period of thetemporary stay in Japan granted to that natural person, provided that those spouse andchildren concerned obtain maintenance from the natural person and engage in daily activities
recognised under the status of residence of "Dependent" provided for in the Immigration
Control and Refugee Recognition Act.

6.

A spouse who has been granted the entry and temporary stay in Japan pursuant to paragraph 5
may, upon application, have his or her status of residence changed to that under which he or
she is allowed to work, subject to the approval of the Government of Japan in accordance with
the Immigration Control and Refugee Recognition Act.

7.

For the purposes of this Schedule, "spouse" or "children" means a spouse or children
recognised as such in accordance with the laws and regulations of Japan.

- 10031003 -

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APPENDIX IV
LIMITATIONS OF BUSINESS ACTIVITIES OF CONTRACTUAL SERVICE SUPPLIERS
AND INDEPENDENT PROFESSIONALS IN JAPAN1
Sector or sub-sector

Limitations

Legal services, as referred to in subparagraph 1(c) of the Schedule ofJapan of Annex IV(CPC 861**)

None

Legal advisory services, as referred to in subparagraph 1(d) of the
Schedule of Japan of Annex IV(CPC 861**)

None

Accounting, auditing and bookkeeping services, as referred to in
subparagraph 1(e) of the Schedule of Japan of Annex IV(CPC 862**)

None

Taxation services, as referred to in subparagraph 1(f) of the Scheduleof Japan of Annex IV(CPC 863**)

None

Architectural services(CPC 8671)

None

Engineering services(CPC 8672)

None

Integrated engineering services(CPC 8673)

None

Urban planning services and landscape architectural services(CPC 8674)

None

Computer and related services(CPC 84)

None

Research and experimental development services on natural sciencesand engineering(CPC 8510)

None

1

Alphabets indicated against individual sectors or sub-sectors and numbers in brackets arereferences to the Services Sectoral Classification List (WTO Document MTN.GNS/W/120,
dated 10 July 1991) and the CPC. These alphabetical and numerical divisions are indicated toenhance the clarity of the description of specific commitments, but shall not be construed as
being a part of the specific commitments. The use of "**" against individual CPC codesindicates that the specific commitment for that code does not extend to the total range ofservices covered under that code. This list of sectors or sub-sectors is based on the categoriesof the statuses of residence under the Immigration Control and Refugee Recognition Act(Cabinet Order No. 319 of 1951) of Japan.
- 10041004 -

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Sector or sub-sector

Limitations

Research and experimental development services on social sciences
and humanities(CPC 8520)

None

Interdisciplinary research and experimental development services(CPC 8530)

None

Sale or leasing services of advertising space or time
(CPC 8711)

None

Planning, creating and placement services of advertising(CPC 8712)

None

Other advertising services(CPC 8719)

None

Market research and public opinion polling services(CPC 8640)

None

Management consulting services(CPC 8650)

None

Services related to management consulting(CPC 8660)

None

Technical testing and analysis services(CPC 8676)

None

Engineering related scientific and technical consulting services(CPC 8675)

None

Maintenance and repair of equipment (excluding vessels, aircrafts andother transport equipment)(CPC 633, 8861-8866)

None

Trade fair and exhibition organisation services(CPC 87909**)

None

Translation and interpretation services(CPC 87905)

None

Specialty design services(CPC 87907)

None

Radio and television transmission services(CPC 7524**)

For greater certainty, activities
recognised under the status ofresidence of "Entertainer" arenot included.

General construction work for buildings(CPC 512)

None- 10051005 -

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Sector or sub-sector

Limitations

General construction work for civil engineering(CPC 513)

None

Installation and assembly work
(CPC 514, 516)

None

Building completion and finishing work
(CPC 517)

None

Other construction related services–
Pre-erection work at construction sites(CPC511)–Special trade construction work
(CPC515)–
Renting services related to equipment for construction or
demolition of buildings or civil engineering works, with
operator(CPC518)

None

Adult education services(CPC 924**)

Limited to language
instruction education in
private enterprises

Other education services(CPC 929**)

Limited to language
instruction education in
private enterprises

Sewage services(CPC 9401)

None

Refuse disposal services(CPC 9402)

None

Cleaning services of exhaust gases(CPC 9404)

None

Noise abatement services(CPC 9405)

None

Nature and landscape protection services(CPC 9406)

None

Other environmental protection services(CPC 9409)

None

Travel agency and tour operator services(CPC 7471)

None

Tourist guide services(CPC 7472)

None______________- 10061006 -

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19:35:19

ANNEX 8-C

UNDERSTANDING ON MOVEMENT OF NATURAL PERSONSFOR BUSINESS PURPOSES
Procedural commitments related to entry and temporary stay1.

The Parties should ensure that the processing of applications for entry and temporary stay pursuant
to their respective commitments in this Agreement follows good administrative practice. To that
effect:(a)the Parties shall ensure that fees charged by competent authorities for the processing of
applications for the entry and temporary stay do not unduly impair or delay trade in goods orservices or establishment or operation under this Agreement;(b)subject to the competent authorities' discretion, documents required from the applicant for
applications for the grant of entry and temporary stay of short-term visitors for businesspurposes 1 should be commensurate with the purpose for which they are collected;(c)complete applications for the grant of entry and temporary stay shall be processed as
expeditiously as possible;(d)the competent authorities of a Party shall endeavour to provide, without undue delay,
information in response to any reasonable request from an applicant concerning the status ofan application;

1

The United Kingdom does not take commitments in respect of short-term business visitors as set
out in Article 8.27.

- 10071008 -

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(e)if the competent authorities of a Party require additional information from the applicant inorder to process the application, they shall endeavour to notify, without undue delay, theapplicant of the required additional information;(f)the competent authorities of a Party shall notify the applicant of the outcome of theapplication promptly after a decision has been taken; if the application is approved, thecompetent authorities of a Party shall notify the applicant of the period of stay and otherrelevant terms and conditions; if the application is denied, the competent authorities of a
Party shall, upon request or upon their own initiative, make available to the applicant
information on any available review or appeal procedures; and(g)the Parties shall endeavour to accept and process applications in electronic format.

Additional procedural commitments applying to intra-corporate transferees
2.

To the extent practicable, the competent authorities of the United Kingdom shall adopt a decisionon the application for entry and temporary stay of an intra-corporate transferee, or a renewal of it,
and shall notify the decision to the applicant in writing, in accordance with the notification
procedures under the relevant laws and regulations of the United Kingdom, as soon as possible but
not later than 90 days from the date on which the complete application was submitted. Where it is
not practicable for a decision to be made within 90 days, the competent authorities of the United
Kingdom shall endeavour to make the decision within a reasonable period of time thereafter.

3.

To the extent practicable, the competent authorities of Japan shall adopt a decision on theapplication for an entry visa of an intra-corporate transferee, or for an extension permit of an intracorporate transferee, and shall notify the decision to the applicant in writing within a period of time
not exceeding 90 days after the submission of a complete application or, where applicable, after
the submission of a complete application relating to the entry and temporary stay prior to theapplication requesting entry visa as defined in paragraph 4. Where it is not practicable for a decision
to be made within 90 days, the competent authorities of Japan shall endeavour to make the decision
within a reasonable period of time thereafter.

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19:35:21

4.

For the purposes of this Annex, "application relating to the entry and temporary stay prior to theapplication requesting entry visa" means an application requesting a Certificate of Eligibility. The
period between the date when the Certificate of Eligibility is issued and the date of the applicant's
request for an entry visa is not included within the period of 90 days mentioned above.

5.

Where the information or documentation for the application is incomplete, the competentauthorities shall endeavour to notify the applicant within a reasonable period of time of theadditional information that is required and set a reasonable deadline for providing it. The period
referred to in paragraphs 2 and 3 shall be suspended until the competent authorities have received
the required additional information.

Cooperation on return and readmission
6.

The Parties acknowledge that the enhanced movement of natural persons following fromparagraphs 1 to 5 requires full cooperation on return and readmission of natural persons staying ina Party in contravention of its rules for entry and temporary stay.

______________

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ANNEX 10

GOVERNMENT PROCUREMENTPART 1
Relevant provisions of the GPA referred to in Article 10.2
Article I (Definitions)
Article II (Scope and Coverage)
Article III (Security and General Exceptions)
Article IV (General Principles)
Article VI (Information on the Procurement System)
Article VII (Notices)
Article VIII (Conditions for Participation)
Article IX (Qualification of Suppliers)
Article X (Technical Specifications and Tender Documentation)
Article XI (Time-Periods)
Article XII (Negotiation)
Article XIII (Limited Tendering)
Article XIV (Electronic Auctions)
Article XV (Treatment of Tenders and Awarding of Contracts)
Paragraphs 1 to 3 of Article XVI (Transparency of Procurement Information)
Article XVII (Disclosure of Information)
Article XVIII (Domestic Review Procedures)- 10101010 -

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PART 2
Scope of application

SECTION A
United Kingdom
In accordance with Articles 10.2 and 10.3, Chapter 10 applies, in addition to the procurement
covered by the annexes of the United Kingdom to Appendix I to the GPA, to the procurement
covered by this Section other than procurement by the entities set out in paragraph 1 which are
subject to the rules specified in Note (b) to that paragraph.
The Notes in Annexes 1 to 7 of the United Kingdom to Appendix I to the GPA also apply to the
procurement covered by this Section, unless otherwise provided for in this Section.
1.

Sub-central government authorities
Local administrative units as defined by the UK Statistics Authority in accordance with theStatistics and Registration Service Act 2007, with a population of between 200,000 and
499,999 inhabitants
Procurement of goods and services as set out in Annexes 4 and 5 of the United Kingdom toAppendix I to the GPA, and in paragraphs 3 and 4 of this Section by the entities referred to in
the previous sentence equal to or above the following thresholds:(i)

200,000 SDR for procurement of goods and services(ii)

400,000 SDR for procurement of goods and services listed in paragraph 3 of thisSection- 10111011 -

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Notes to paragraph 1:(a)

The number of inhabitants of a local administrative unit is determined through the data
maintained by the UK Statistics Authority, or any authority acting on its behalf and will
be published by the Government of the United Kingdom on a website.

(b)

The commitment with regard to procurement covered by this paragraph, applies solely
to the application of the general principles as set out in paragraphs 1 and 2 of Article IVof the GPA, as well as to the application of provisions relating to the access to domestic
review procedures in Article XVIII of the GPA and Articles 10.3 to 10.12.

2.

Bodies governed by public law that are hospitals or universities
Procurement of goods and services as set out in Annexes 4 to 6 of the United Kingdom toAppendix I to the GPA, and in paragraphs 3 and 4 of this Section, by bodies governed bypublic law, as defined in paragraph 2.a of Annex 2 of the United Kingdom to Appendix I to
the GPA, that are hospitals or universities provided that the value of those procurements
equals or exceeds the following thresholds:(i)

200,000 SDR for procurement of goods and services(ii)

5,000,000 SDR for procurement of construction services (CPC 51)

The bodies governed by public law that are hospitals or universities and qualify as covered
entities are described for the United Kingdom by category in the following indicative list:(1)

Universities and colleges financed for the most part by other contracting authorities(2)

Research Councils(3)

National Health Service Strategic Health Authorities- 10121012 -

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3.

Procurement of railway-related goods and services(a)Procurement of railway facilities (CPV 3494) by utilities whose procurement is coveredby the Utilities Contracts Regulations 2016 and the Utilities Contracts (Scotland)
Regulations 2016 which are contracting authorities covered by Annexes 1 and 2 of theUnited Kingdom to Appendix I to the GPA or public undertakings as defined in Annex
3 of the United Kingdom to Appendix I to the GPA, and which provide or operate
networks providing a service to the public in the field of transport by railways(b)Procurement of goods falling under CPV 3462 by utilities whose procurement iscovered by the Utilities Contracts Regulations 2016 and the Utilities Contracts(Scotland) Regulations 2016 which are contracting authorities covered by Annexes 1
and 2 of the United Kingdom to Appendix I to the GPA or public undertakings as
defined in Annex 3 of the United Kingdom to Appendix I to the GPA, and which
provide or operate networks providing a service to the public in the field of transport byurban railway, automated systems, tramway, trolley bus, bus or cable(c)

Indicative lists of utilities referred to in subparagraphs (a) and (b) are provided for in
Annex 3 of the United Kingdom to Appendix I to the GPA(d)The commitments referred to in subparagraphs (a) and (b) apply if the value of the
procurement is equal to or above the following thresholds:(i)

400,000 SDR for procurement of goods and services(ii)

5,000,000 SDR for procurement of construction services (CPC 51)

Note to paragraph 3:
CPV refers to the Common Procurement Vocabulary of the United Kingdom, as defined byRegulation (EC) No 2195/2002 of the European Parliament and of the Council of 5 November
2002 on the Common Procurement Vocabulary (CPV), last amended by Commission
Regulation (EC) No 213/2008 of 28 November 2007.

- 10131013 -

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- 10141014 -

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19:35:28

Train-monitoring system

Points heating system

Track-alignment
machinery

34944

34945

Signalling equipment

34942

34943

Rails and accessories

34941

349422 Signalling boxes

349421 Signal posts

349418 Railway points

349416 Crossovers

349415 Crossheads

349413 Tramline

349412 Track rails

349411 Rods

CPV 3494 (Railway equipment) comprises:

- 10151015 -

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19:35:29

34947

34946

Sleepers and parts ofsleepers

Railway-track
construction materials andsupplies

349472 Parts of sleepers

349471 Sleepers

349462 Railway-track
construction supplies

349461 Railway-track
construction materials

Current-conducting
rails
Switch blades, crossing
frogs, point rods andcrossing pieces

Rail clips, bedplates
and ties
Chairs and chairwedges349462234946233494624

Railway materials

34946123494621

Rails

349461134946232 Bedplates and ties

34946231 Rail clips

34946224 Crossing pieces

34946223 Point rods

34946222 Crossing frogs

34946221 Switch blades34946122 Check rails

34946121 Fishplates and sole
plates- 10161016 -

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19:35:30

Railway maintenance orservice vehicles, andrailway freight wagons

Railway and tramway
passenger coaches, andtrolleybuses

34621

34622

CPV 3462 (Rolling stock) comprises:

346225 Luggage vans and specialpurpose vans

346224 Railway carriages

346223 Trolleybuses

346222 Railway passenger
coaches

346221 Tramway passenger
coaches

346212 Railway maintenance orservice vehicles

346211 Railway freight wagons

4.

Services
Procurement of the following services, in addition to the services listed under Annex 5 of theUnited Kingdom to Appendix I to the GPA:
(a)

(b)

for entities covered under Annex 1 of the United Kingdom to Appendix I to the GPA:–

Food serving services and Beverage serving services (CPC 642, 643)–

Telecommunications related services (CPC 754)–

Photographic services (CPC 87501 to 87503, 87505, 87507, 87509)–

Packaging services (CPC 876)–

Other business services (CPC 87901, 87903, 87905 to 87907)

for entities covered under Point 1 of Annex 2 of the United Kingdom to Appendix I to
the GPA or under paragraph 1 of this Section:(c)–

Beverage serving services (CPC 643)–

General management consulting services (CPC 86501)–

Financial management consulting services (except business tax) (CPC 86502)–

Marketing management consulting services (CPC 86503)–

Human resources management consulting services (CPC 86504)–

Production management consulting services (CPC 86505)–

Other management consulting services (CPC 86509)

for all covered entities:–

Real estate services on a fee or contract basis (CPC 8220)- 10171017 -

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Note to paragraph 4:
Food serving services (CPC 642) and beverage serving services (CPC 643) contracts arecovered by the national treatment regime for the suppliers and service providers of Japan,
provided that their value equals or exceeds GBP 663,540 when they are awarded by procuring
entities covered under Annexes 1 and 2 of the United Kingdom to Appendix I to the GPA orunder paragraph 1 of this Section, and that their value equals or exceeds GBP 884,720 when
they are awarded by procuring entities covered under Annex 3 of the United Kingdom toAppendix I to the GPA.

- 10181018 -

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SECTION B
Japan
In accordance with Articles 10.2 and 10.3, Chapter 10 applies, in addition to the procurement
covered by Japan's annexes to Appendix I to the GPA, to the procurement covered by this Section
other than procurement by the entities set out in paragraph 2 which are subject to special rules
specified in that paragraph.
The Notes in Japan's Annexes 1 to 7 to Appendix I to the GPA also apply to the procurement
covered by this Section, unless otherwise provided for in this Section.
1.

Procurement in relation to Japan's Annex 2 to Appendix I to the GPA (the Sub-Central
Government Entities)
In addition to procurement by the entities listed in Japan's Annex 2 to Appendix I to the GPA:(a)

Procurement by Kumamoto-shi of goods and services specified in Japan's Annexes 4 to
6 to Appendix I to the GPA. The thresholds for the procurement are those set out inJapan's Annex 2 to Appendix I to the GPA.

(b)

Procurement of goods and services specified in Japan's Annexes 4 to 6 to Appendix I to
the GPA by the local independent administrative agencies. The thresholds for the
procurement are as those set out in Japan's Annex 2 to Appendix I to the GPA.
Note to subparagraph (b)In order to ensure the implementation of commitments by the local independentadministrative agencies in this subparagraph, the Government of Japan, in tandem withlocal governments, shall take measures under the laws and regulations of Japan.

- 10191019 -

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For the purpose of this subparagraph, "local independent administrative agency" meansa local independent administrative agency which is covered by the Local Independent
Administrative Agency Act (Law No. 118 of 2003), and established by a single entity
listed in Japan's Annex 2 to Appendix I to the GPA or Kumamoto-shi under the Act.
For reference purposes, the list of local independent administrative agencies covered bythis subparagraph as of 1 February 2018 is as follows:(1)

Hokkaido Research Organization(2)

Sapporo Medical University(3)

Aomori Prefectural Industrial Technology Research Center(4)

Aomori University of Health and Welfare(5)

Iwate Industrial Research Institute(6)

Iwate Prefectural University(7)

Miyagi Children's Hospital(8)

Miyagi Prefectural Hospital Organization(9)

Miyagi University(10) Akita International University(11) Akita Prefectural Organization on Development and Disability(12) Akita Prefectural Hospital Organization(13) Akita Prefectural University(14) Yamagata Prefectural Public University Corporation(15) Yamagata Prefectural University of Health Sciences(16) Fukushima Medical University(17) The University of Aizu
(18) Tochigi Cancer Center(19) Saitama Prefectural University(20) Tokyo Metropolitan Geriatric Hospital and Institute of Gerontology(21) Tokyo Metropolitan Industrial Technology Research Institute(22) Tokyo Metropolitan University(23) Kanagawa Institute of Industrial Science and Technology(24) Kanagawa Prefectural Hospital Organization(25) Niigata College of Nursing- 10201020 -

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(26) University of Niigata Prefecture(27) Toyama Prefectural University(28) Ishikawa Prefectural Public University Corporation(29) Fukui Prefectural University(30) Yamanashi Prefectural Hospital Organization(31) Yamanashi Prefectural University(32) Nagano Prefectural Hospital Organization(33) Gifu College of Nursing(34) Gifu Prefectural General Medical Center(35) Gifu Prefectural Gero Hospital(36) Gifu Prefectural Tajimi Hospital(37) Shizuoka Prefectural Hospital Organization(38) Shizuoka Prefectural University Corporation(39) Shizuoka University of Art and Culture(40) Aichi Public University Corporation(41) Mie Prefectural College of Nursing(42) Mie Prefectural General Medical Center(43) The University of Shiga Prefecture(44) Kyoto Prefectural Public University Corporation(45) Osaka Prefectural Hospital Organization(46) Osaka Prefecture University(47) Research Institute of Environment, Agriculture and Fisheries, Osaka Prefecture(48) University of Hyogo(49) Nara Medical University(50) Nara Prefectural Hospital Organization(51) Nara Prefectural University(52) Wakayama Medical University(53) Tottori Institute of Industrial Technology(54) The University of Shimane(55) Okayama Prefectural University(56) Okayama Psychiatric Medical center(57) Prefectural University of Hiroshima(58) Yamaguchi Prefectural Hospital Organization- 10211021 -

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(59) Yamaguchi Prefectural Industrial Technology Institute(60) Yamaguchi Prefectural University(61) Tokushima Prefecture Naruto Hospital(62) Ehime Prefectural University of Health Sciences(63) Kochi Prefectural Public University Corporation(64) Fukuoka Prefectural University(65) Fukuoka Women's University(66) Kyushu Dental University(67) Saga-Ken Medical Centre Koseikan(68) Nagasaki Prefectural University Corporation(69) Prefectural University of Kumamoto(70) Oita Prefectural College of Arts and Culture(71) Oita University of Nursing and Health Sciences(72) Miyazaki Prefectural Nursing University(73) Osaka City Hospital Organization(74) Osaka City University(75) Nagoya City University(76) Kyoto City Hospital Organization(77) Kyoto City University of Arts
(78) Kyoto Municipal Institute of Industrial Technology and Culture(79) Yokohama City University(80) Kobe City Hospital Organization(81) Kobe City University of Foreign Studies(82) The University of Kitakyushu(83) Sapporo City University(84) Fukuoka City Hospital Organization(85) Hiroshima City Hospital Organization(86) Hiroshima City University(87) Shizuoka City Shizuoka Hospital(88) Sakai City Hospital Organization(89) Okayama City General Medical Center- 10221022 -

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(c)Notwithstanding Note 5 to Japan's Annex 2 to Appendix I to the GPA, for the purposesof Chapter 10, procurement related to the production, transport or distribution ofelectricity by the sub-central government entities listed in Japan's Annex 2 to Appendix
I to the GPA and by Kumamoto-shi shall be covered. The thresholds for the
procurement are those set out in Japan's Annex 2 to Appendix I to the GPA.
For reference purposes, the list of sub-central government entities who produce,transport or distribute electricity as of 1 February 2018 is as follows:(1)

Hokkaido(2)

Iwate-ken(3)

Akita-ken(4)

Yamagata-ken(5)

Tochigi-ken(6)

Gunma-ken(7)

Tokyo-to(8)

Kanagawa-ken(9)

Niigata-ken(10) Toyama-ken(11) Yamanashi-ken(12) Nagano-ken(13) Mie-ken(14) Kyoto-fu(15) Hyogo-ken(16) Tottori-ken(17) Shimane-ken(18) Okayama-ken(19) Yamaguchi-ken(20) Tokushima-ken(21) Ehime-ken(22) Kochi-ken(23) Fukuoka-ken(24) Kumamoto-ken- 10231023 -

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19:35:37

(25) Oita-ken(26) Miyazaki-ken(27) Yokohama-shi(28) Kitakyushu-shi
Note to paragraph 1:
Japan's Annex 2 to Appendix I to the GPA and this paragraph refer to all prefectural
governments entitled "To", "Do", "Fu" and "Ken", and all designated cities entitled "Shiteitoshi", covered by the Local Autonomy Law (Law No. 67 of 1947) of Japan as of
1 February 2018.
2.

Procurement by Core Cities
With regard to the procurements in the process of open tendering by Core Cities of Japan,
suppliers of the United Kingdom shall be accorded treatment no less favourable than that
accorded to locally established suppliers, including, if and where such exist, access to any
review procedures available to locally established suppliers. Any obligations in Chapter 10other than this paragraph do not apply to Core Cities of Japan.
Notes to paragraph 2:(a)"Core City" means a city defined by paragraph 1 of Article 252-22 of the Local
Autonomy Law (Law No. 67 of 1947) of Japan.

(b)

For the purpose of this paragraph, "locally established supplier" means a supplier who isqualified with respect to the location of an establishment in accordance with Article
167-5-2 of the Cabinet Order of the Local Autonomy Law of Japan (Cabinet Order No.
16 of 1947).

- 10241024 -

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19:35:38

(c)The same thresholds and coverage of goods and services as those for the entities listed
in Japan's Annex 2 to Appendix I to the GPA, including the Notes to that Annex, apply
to procurement covered by this paragraph. However, procurement of goods and services
related to the operational safety of transportation shall be open to suppliers of theUnited Kingdom.

(d)This paragraph does not apply to the procurement of construction services (CPC 51).

(e)

For the purpose of this paragraph, "supplier of the United Kingdom" means, in case of ajuridical person, a juridical person of the United Kingdom. In case where the supplier isa juridical person owned or controlled by a natural or juridical person of a third country
or Japan, and that person would substantively benefit from this paragraph andundermine the attainment of the objectives of Chapter 10, Japan may deny the benefitsof this paragraph to that supplier. For the purpose of this paragraph, the definitions
contained in subparagraphs (l) to (n) of Article 8.2 apply.

(f)This paragraph does not prevent Core Cities of Japan from establishing their policy plan
to encourage local small and medium-sized enterprises to participate in procurement
procedures.

3.

Procurement in relation to Japan's Annex 3 to Appendix I to the GPA (Other Entities)(a)With regard to the procurement of goods and services by the entities listed in Group B
of Japan's Annex 3 to Appendix I to the GPA, the following thresholds apply:(i)100,000 SDR for goods(ii)

100,000 SDR for services specified in Japan's Annex 5 to Appendix I to the GPA
other than architectural, engineering and other technical services related toconstruction services- 10251025 -

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(b)In addition to the procurement by entities listed in Group B of Japan's Annex 3 toAppendix I to the GPA, procurement of goods and services specified in Japan's
Annexes 4 to 6 to Appendix I to the GPA by the following entities:(1)

Agriculture, Forestry and Fisheries Credit Foundations(2)

Information-technology Promotion Agency(3)

Japan Community Health care Organization(4)

National Agency for Automotive Safety and Victims' Aid(5)

Organization for Environment Improvement around International Airport(6)

Pharmaceuticals and Medical Devices Agency

Note to paragraph 3:
With regard to procurement of goods and services by the entities referred to in subparagraph(b), the thresholds set out in subparagraph (a) apply.
4.

Procurement of goods and services related to the operational safety of transportation
Procurement of goods and services related to the operational safety of transportation by theentities listed in Japan's Annex 2 to Appendix I to the GPA covered by Note 4 to that Annex
and the entities listed in Japan's Annex 3 to Appendix I to the GPA covered by Note 3.a. tothat Annex (Hokkaido Railway Company, Japan Freight Railway Company, Japan Railway
Construction, Transport and Technology Agency, Shikoku Railway Company and Tokyo
Metro Co., Ltd.) shall be open to suppliers of the United Kingdom.
For the purpose of this paragraph, the thresholds for the procurement by the entities listed inJapan's Annex 2 to Appendix I to the GPA are those set out in that Annex, while thethresholds for the procurement of goods and services (other than construction services andarchitectural, engineering and other technical services) by the five entities referred to in thefirst sentence of this paragraph are 400,000 SDR.

- 10261026 -

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5.

Services
In addition to the services listed in Japan's Annex 5 to Appendix I to the GPA, Chapter 10
applies to the following services, which are identified in accordance with CPC:(a)for procurement by entities listed in Japan's Annex 1 to Appendix I to the GPA:
754

Telecommunications related services

812

Insurance (including reinsurance) and pension fund services, except
compulsory social security services

87201

Executive search services

87202

Placement services of office support personnel and other workers

87204

Supply services of domestic help personnel

87205

Supply services of other commercial or industrial workers

87206

Supply services of nursing personnel

87209

Supply services of other personnel

87501

Portrait photography services

87502

Advertising and related photography services

87503

Action photography services

87505

Photography processing services

87506

Motion picture processing services not related to the motion picture andtelevision industries

87507

Restoration, copying and retouching services of photography

87509

Other photographic services

87901

Credit reporting services

87902

Collection agency services

87903

Telephone answering services

87905

Translation and interpretation services

87906

Mailing list compilation and mailing services

87907

Specialty design services- 10271027 -

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643

Beverage serving services

83106
to 83108

Leasing or rental services concerning agricultural machinery and equipment
without operator

83203

Leasing or rental services concerning furniture and other household
appliances

83204

Leasing or rental services concerning pleasure and leisure equipment

83209

Leasing or rental services concerning other personal or household goods

86501

General management consulting services

86502

Financial management consulting services (except business tax)

86503

Marketing management consulting services

86504

Human resources management consulting services

86505

Production management consulting services

86509

Other management consulting services_____________- 10281028 -

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ANNEX 14-A

LAWS AND REGULATIONS OF THE PARTIES RELATED TO GEOGRAPHICALINDICATIONSPART 1
Laws and regulations of the United Kingdom–

Regulation (EU) No 251/2014 of the European Parliament and of the Council of
26 February 2014 on the definition, description, presentation, labelling and the protection ofgeographical indications of aromatised wine products and repealing Council Regulation(EEC) No 1601/91–

Regulation (EU) No 1308/2013 of the European Parliament and of the Council of
17 December 2013 establishing a common organisation of the markets in agricultural
products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79,(EC) No 1037/2001 and (EC) No 1234/2007–

Regulation (EU) No 1151/2012 of the European Parliament and of the Council of
21 November 2012 on quality schemes for agricultural products and foodstuffs–

Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on
the definition, description, presentation and labelling of spirit drinks, the use of the names ofspirit drinks in the presentation and labelling of other foodstuffs, the protection ofgeographical indications for spirit drinks, the use of ethyl alcohol and distillates ofagricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008- 10291029 -

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PART 2
Laws and regulations of Japan–

The Act on Securing of Liquor Tax and on Liquor Business Associations (Law No. 7 of 1953)
and the Notice on Establishing Indication Standards Concerning Geographical Indications for
Liquor (National Tax Agency Notice No. 19 of 2015) issued under the Act–

The Act on Protection of the Names of Specific Agricultural, Forestry and Fishery Products
and Foodstuffs (Law No. 84 of 2014)______________- 10301030 -

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ANNEX 14-B

LIST OF GEOGRAPHICAL INDICATIONS1 2PART 1
Geographical indications for agricultural products

SECTION A
The United Kingdom3

1

2

3

4

Name to beprotected

Transcription into Japanese(for information purposes)

Category of good and short description [insquare brackets, for information purpose]

Scottish Farmed
Salmonスコティッシュ・ファー
ムド・サーモン

Fresh fish, molluscs, and crustaceans andproducts derived therefrom [salmon]West Country
farmhouse Cheddar
cheese4

ウエスト・カントリー・
ファームハウス・チェダ
ー・チーズ

Cheeses [hard cow milk cheese]

Where a geographical indication is presented as follows: "Irish Whiskey / Uisce Beatha
Eireannach / Irish Whisky", this means that such terms can be used together, or each one on
its own.
The protection in a Party of the geographical indications of the other Party listed in thisAnnex shall be subject to the completion of the domestic procedures of the former Party. The
Parties shall not have the obligation to protect such geographical indications of the other Party
until the completion of such domestic procedures of both Parties and each Party receives a
notification from the other Party informing it of the completion of such domestic proceduresof the other Party and that the geographical indications are to be protected in accordance with
Sub-Section 3 of Section B of Chapter 14. This footnote applies only to the geographicalindications listed in this Annex as of the date of entry into force of this Agreement.
Agricultural products listed in this Section are categorised under Regulation (EU) No
1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality
schemes for agricultural products and foodstuffs.
For greater certainty, the protection of the individual component "cheddar" of the multicomponent geographical indication "West Country farmhouse Cheddar cheese" is not sought.

- 10311031 -

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Name to beprotected

Transcription into Japanese(for information purposes)

White Stilton cheese ホワイト・ スティルト/ Blue Stilton cheese ン・チーズ / ブルー・ス
ティルトン・チーズ

Category of good and short description [insquare brackets, for information purpose]
Cheeses [cow milk cheese]- 10321032 -

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SECTION B
Japan1Name to be protectedTranscription into Latinalphabet (for information
purposes)Category of good and short
description [in square brackets, for
information purpose]

あおもりカシス

Aomori Cassis

Agricultural product [fruit (black
currant)]

但馬牛 / 但馬ビーフTajima Gyu / Tajima
Beef

Fresh Meat [beef]

神戸ビーフ / 神戸肉 / 神戸 Kobe Beef / Kobe Niku /Kobe Gyu
牛 / KOBE BEEF

1Fresh Meat [beef]

夕張メロン / YUBARI
MELONYubari Melon

Agricultural product [vegetables(melon)]

八女伝統本玉露 /Traditional Authentic
YAME GYOKURO

Yame Dentou
Hongyokuro

Processed agricultural product[beverages other than alcoholic
beverages (tea leaves)]

鹿児島の壺造り黒酢

Kagoshima no
Tsubozukuri Kurozu

Seasonings [vinegar (black vinegar)]

Agricultural products listed in this Section are categorised under the Act on Protection of theNames of Specific Agricultural, Forestry and Fishery Products and Foodstuffs (Law No. 84 of
2014) of Japan.

- 10331033 -

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Name to be protectedTranscription into Latinalphabet (for information
purposes)Category of good and short
description [in square brackets, for
information purpose]

くまもと県産い草 /KUMAMOTO-IGUSA /KUMAMOTO-RUSH

Kumamoto Kensan Igusa

Industrial crops [textile crops (rush)]

鳥取砂丘らっきょう / ふく Tottori Sakyu Rakkyo /Fukube Sakyu Rakkyo
べ砂丘らっきょう

Agricultural product [vegetables (rawscallion)]

三輪素麺

Miwa Somen

Processed agricultural product[processed grains (uncooked somen
noodles)]

市田柿 / ICHIDA GAKI

Ichida Gaki

Processed agricultural product[processed fruit (dried Japanesepersimmon)]

加賀丸いも /KAGAMARUIMOKaga Maruimo

Agricultural product [vegetables(Japanese yam)]三島馬鈴薯 / MISHIMABAREISHO

Mishima Bareisho

Agricultural product [vegetables(potato)]下関ふく / Shimonoseki
Fuku

Shimonoseki Fuku

Marine product [fish (pufferfish andfilefish)]能登志賀ころ柿 / NOTOSHIKA KOROGAKI

Noto Shika Korogaki

Processed agricultural product[processed fruit (dried Japanesepersimmon)]- 10341034 -

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Name to be protectedTranscription into Latinalphabet (for information
purposes)Category of good and short
description [in square brackets, for
information purpose]

十勝川西長いも /TOKACHI KAWANISHINAGAIMO

Tokachi Kawanishi
Nagaimo

Agricultural product [vegetables(Japanese yam)]

十三湖産大和しじみ /Jusankosan Yamato Shijimi

Jusankosan Yamato
ShijimiMarine product [shellfish (freshwaterclam)]

連島ごぼう / TURAJIMA
GOBOU

Tsurajima Gobou

Agricultural product [vegetables(burdock)]特産松阪牛 / TOKUSAN
MATSUSAKA USHI

Tokusan Matsusaka Ushi

Fresh Meat [beef]

米沢牛 / YONEZAWAGYU Yonezawa Gyu

Fresh Meat [beef]

前沢牛 / MAESAWA BEEF

Maesawa Gyu

Fresh Meat [beef]

くろさき茶豆Kurosaki Chamame

Agricultural product [vegetables(edamame (green soybean))]

東根さくらんぼ /HIGASHINE CHERRY

Higashine Sakuranbo

Agricultural product [fruit (cherry)]

みやぎサーモン / MIYAGISALMON

Miyagi Salmon

Marine product [fish (coho salmon)]大館とんぶりOdate Tonburi

Processed agricultural product[processed vegetables (processedkochia seeds)]

大分かぼす

Oita Kabosu

Agricultural product [fruit (Kabosu(citrus))]

すんき

Sunki

Processed agricultural product[processed vegetables (pickled leavesof red turnip)]- 10351035 -

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Name to be protectedTranscription into Latinalphabet (for information
purposes)Category of good and short
description [in square brackets, for
information purpose]

田子の浦しらす

Tagonoura Shirasu

Marine product [fish (whitebait)]

万願寺甘とうManganji Amatou

Agricultural product [vegetables(green pepper)]飯沼栗Iinuma Kuri

Agricultural product [fruit (chestnut)]

紀州金山寺味噌Kisyu Kinzanji Miso

Seasonings [miso paste]

美東ごぼう

Mitou Gobou

Agricultural product [vegetables(burdock)]

木頭ゆず

Kitou Yuzu

Agricultural product [fruit (Yuzu(citrus))]

上庄さといもKamisho Satoimo

Agricultural product [vegetables(taro)]

琉球もろみ酢Ryukyu Moromisu

Processed agricultural product[beverages other than alcohol
beverages (rice malt vinegar)]

若狭小浜小鯛ささ漬

Wakasaobama Kodai
Sasazuke

Processed marine product [processedfish (preserved sea bream)]

桜島小みかん

Sakurajima Komikan

Agricultural product [fruit (mandarin(citrus))]

岩手野田村荒海ホタテ

Iwatenodamura Araumi
HotateMarine product [shellfish (scallop)]

奥飛騨山之村寒干し大根

Okuhida Yamanomura
Kanboshi Daikon

Processed agricultural product[processed vegetables (dried radish)]

Hatcho Miso

Seasonings [miso paste]

Dojo Hachiya Gaki

Processed agricultural product[processed fruit (dried Japanesepersimmon)]

堂上蜂屋柿- 10361036 -

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Name to be protectedTranscription into Latinalphabet (for information
purposes)Category of good and short
description [in square brackets, for
information purpose]

小川原湖産大和しじみ /Lake Ogawara Brackish
Water ClamOgawarako-san Yamato
ShijimiMarine product [shellfish (freshwaterclam)]

入善ジャンボ西瓜 /NYUZEN JUMBO
WATERMELON

Nyuzen Jumbo Suika

Agricultural product [vegetables(watermelon)]

香川小原紅早生みかん

Kagawa Obara Beniwase
Mikan

Agricultural product [fruit (mandarin(citrus))]

宮崎牛 / Miyazaki Wagyu /Miyazaki Beef

Miyazaki Gyu

Fresh Meat [beef]

近江牛/ OMI BEEF

Omi GyuFresh Meat [beef]

辺塚だいだいHetsuka Daidai

Agricultural product [fruit (citrus)]

鹿児島黒牛 /KAGOSHIMA WAGYU

Kagoshima Kuroushi

Fresh Meat [beef]- 10371037 -

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PART 2
Geographical indications for wine, spirits and other alcoholic beverages

SECTION A
The United Kingdom1

1

2
3

Name to be protected Transcription into Japanese (forinformation purposes)

Category of good and short
description [in square brackets, for
information purpose]

Scotch Whisky

スコッチ・ウィスキー

Spirits

Irish Cream2

アイリッシュ ・クリーム

Spirits

Irish Whiskey /Uisce Beatha
Eireannach / Irish
Whisky3

アイリッシュ・ウィスキー / イ
シュケ・バハー・エールナック/ アイリッシュ・ウィスキー

Spirits

Goods listed in this Section are categorised under Regulation (EU) No 1151/2012 of theEuropean Parliament and of the Council of 21 November 2012 on quality schemes for
agricultural products and foodstuffs, Regulation (EU) No 1308/2013 of the European
Parliament and of the Council of 17 December 2013 establishing a common organisation of
the markets in agricultural products and repealing Council Regulations (EEC) No 922/72,(EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007, Regulation (EU) 2019/787 of
the European Parliament and of the Council of 17 April 2019 on the definition, description,
presentation and labelling of spirit drinks, the use of the names of spirit drinks in thepresentation and labelling of other foodstuffs, the protection of geographical indications for
spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic
beverages, and repealing Regulation (EC) No 110/2008 and Regulation (EU) No 251/2014 of
the European Parliament and the Council of 26 February 2014 on the definition, description,
presentation, labelling and the protection of geographical indications of aromatised wine
products and repealing Council Regulation (EEC) No 1601/91.
The geographical indication "Irish Cream" covers the corresponding liqueur produced on theisland of Ireland, including Northern Ireland.
The geographical indication "Irish Whiskey/Uisce Beatha Eireannach/Irish Whisky" covers
whisky/whiskey produced on the island of Ireland, including Northern Ireland.

- 10381038 -

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SECTION B
Japan1Name to be protectedTranscription into Latinalphabet (for information
purposes)Category of good and short
description [in square brackets, for
information purpose]

壱岐

Iki

Spirits

球磨

Kuma

Spirits

琉球

RyukyuSpirits

薩摩

SatsumaSpirits

白山

HakusanSeishu (Sake)

山梨

Yamanashi

Wine

日本酒

Nihonshu

Seishu (Sake)

Yamagata

Seishu (Sake)(Translation into
English: Japanese Sake)
山形________________

1

Goods listed in this Section are categorised under the Act on Securing of Liquor Tax and on
Liquor Business Associations (Law No. 7 of 1953) and the Notice on Establishing Indication
Standards Concerning Geographical Indications for Liquor (National Tax Agency Notice No.
19 of 2015) issued under the Act.

- 10391039 -

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PROTOCOL ON MUTUAL RECOGNITION

THE PARTIES HAVE AGREED AS FOLLOWS:ARTICLE 1
1.

For the purposes of this Protocol:(a)"conformity assessment procedure" means any procedure to determine, directly or indirectly,
whether products or processes fulfil relevant technical requirements set out in the applicablelaws, regulations and administrative provisions of a Party;(b) "conformity assessment body" means a body which conducts conformity assessment
procedure, and "registered conformity assessment body" means the conformity assessment
body registered pursuant to Article 9 of this Protocol;(c)"designation" means the designation of conformity assessment bodies by a Designating
Authority of a Party pursuant to the applicable laws, regulations and administrative provisionsof that Party;(d) "Designating Authority" means an authority of a Party with the power to designate, monitor,
withdraw the designation of, suspend the designation of, and withdraw the suspension of thedesignation of the conformity assessment bodies in its territory that conduct conformity
assessment procedures based upon requirements set out in the applicable laws, regulations andadministrative provisions of the other Party;(e)"criteria for designation" means the criteria which conformity assessment bodies of a Party are
required to fulfil in order to be designated by the Designating Authority of that Party, and otherrelevant conditions which designated conformity assessment bodies are required tocontinuously fulfil after the designation, as set out in the applicable laws, regulations andadministrative provisions of the other Party specified in the relevant Sectoral Annex;- 10401040 -

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(f)"confirmation" means the confirmation of the compliance of manufacturing facilities or test
facilities (hereinafter referred to as "facilities") with the criteria for confirmation by aCompetent Authority of a Party pursuant to the applicable laws, regulations and administrative
provisions of that Party;(g)"Competent Authority" means an authority of a Party with the power to conduct inspection or
study audits on facilities in its territory to confirm their compliance with the criteria for
confirmation set out in the applicable laws, regulations and administrative provisions of that
Party;(h) "criteria for confirmation" means the criteria which a facility of a Party is required tocontinuously fulfil in order to be confirmed by the Competent Authority of the Party, as set out
in the applicable laws, regulations and administrative provisions of that Party specified in therelevant Sectoral Annex;(i)"verification" means an action to verify in the territory of a Party, by such means as audits orinspections, compliance with the criteria for designation or the criteria for confirmation by aconformity assessment body or a facility respectively; and(j)"EC-Japan MRA" means the Agreement on Mutual Recognition between the European
Community and Japan, done at Brussels on 4 April 2001 and all amendments thereto which
entered into force when that agreement was in force for the United Kingdom.

2.

Any term used in this Protocol, unless otherwise defined herein, has the meaning assigned to it

in ISO/IEC 17000:2020, "Conformity assessment – Vocabulary and general principles" and theISO/IEC Guide 2:2004, "Standardization and related activities – General vocabulary".

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ARTICLE 2
1.

Each Party shall accept, in accordance with the provisions of this Protocol, the results ofconformity assessment procedures required by the applicable laws, regulations and administrative
provisions of that Party specified in the relevant Sectoral Annex, including certificates and marks ofconformity, that are conducted by the registered conformity assessment bodies of the other Party.
2.

Each Party shall accept, in accordance with the provisions of this Protocol:(a)the confirmation of facilities conducted by the Competent Authorities of the other Party based
upon the results of verification and in accordance with the criteria for confirmation stipulated in
the laws, regulations and administrative provisions of that other Party as specified in therelevant Sectoral Annex; and(b) the data generated by confirmed facilities of the other Party.

ARTICLE 3
1.

This Protocol applies to designation of conformity assessment bodies and conformity

assessment procedures for products or processes, and to confirmation of facilities and data generated
by them, covered by its Sectoral Annexes. Sectoral Annexes may consist of Parts A and B.
2.

Part A of Sectoral Annexes shall include, inter alia, provisions on scope and coverage.

3.

Part B of Sectoral Annexes shall set out the following matters:(a)the applicable laws, regulations and administrative provisions of each Party concerning thescope and coverage;- 10421042 -

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(b)the applicable laws, regulations and administrative provisions of each Party stipulating therequirements covered by this Protocol, all the conformity assessment procedures covered bythis Protocol to satisfy such requirements and the criteria for designation of conformity
assessment bodies, or the applicable laws, regulations and administrative provisions of eachParty stipulating the criteria for confirmation of the facilities covered by this Protocol; and(c)the list of Designating Authorities or Competent Authorities.

ARTICLE 4
1.

Each Party shall ensure that Designating Authorities have the necessary power to designate,

monitor (including verification), withdraw the designation of, suspend the designation of andwithdraw the suspension of the designation of the conformity assessment bodies that conduct
conformity assessment procedures based upon the requirements set out in the applicable laws,
regulations and administrative provisions of the other Party specified in the relevant Sectoral Annex.
2.

Each Party shall ensure that Competent Authorities have the necessary power to conduct, in

accordance with its applicable laws, regulations and administrative provisions, verification offacilities to confirm their compliance with the criteria for confirmation set out in the applicable laws,
regulations and administrative provisions of that Party specified in the relevant Sectoral Annex.

ARTICLE 5
1.

Each Party shall ensure, through appropriate means such as audits, inspections or monitoring,that the registered conformity assessment bodies fulfil the criteria for designation set out in theapplicable laws, regulations and administrative provisions of the other Party specified in the relevant
Sectoral Annex. When applying the criteria for designation of the conformity assessment bodies,
Designating Authorities of a Party should take into account the bodies' understanding of andexperience relevant to the requirements set out in the applicable laws, regulations and administrative
provisions of the other Party.

- 10431043 -

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2.

Each Party shall, in accordance with its applicable laws, regulations and administrative

provisions and through appropriate means such as study audits, inspections or monitoring, ensurethat the confirmed facilities fulfil the criteria for confirmation set out in the applicable laws,
regulations and administrative provisions of that Party specified in the relevant Sectoral Annex.
3.

Each Party may request the other Party, by indicating in writing a reasoned doubt on whether aregistered conformity assessment body or a confirmed facility complies with the criteria fordesignation or the criteria for confirmation set out in the applicable laws, regulations andadministrative provisions specified in the relevant Sectoral Annex, respectively, to conduct
verification of the conformity assessment body or the facility in accordance with the laws,
regulations and administrative provisions of that other Party.
4.

Each Party may, on request, participate as an observer in the verification of conformity

assessment bodies conducted by the Designating Authorities or the verification of facilities
conducted by the Competent Authorities of the other Party, with the prior consent of suchconformity assessment bodies or such facilities respectively, in order to maintain a continuing
understanding of that other Party's procedures for verification.
5.

The Parties shall, in accordance with the procedures to be determined by the Joint Committee

on Mutual Recognition to be established pursuant to Article 8 of this Protocol, exchange information
on methods, including accreditation systems, used to designate the conformity assessment bodies
and to ensure that the registered conformity assessment bodies fulfil the criteria for designation andon methods to ensure that the confirmed facilities fulfil the criteria for confirmation.
6.

Each Party should encourage its registered conformity assessment bodies to cooperate with theconformity assessment bodies of the other Party.

- 10441044 -

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ARTICLE 61.

In case of suspension of the designation of a registered conformity assessment body, the Party

whose Designating Authority has suspended the designation shall immediately notify the other Party
and the Joint Committee on Mutual Recognition to that effect. The registration of that conformity
assessment body shall be suspended from the date of receipt of the notification by the co-chair ofthat other Party on the Joint Committee on Mutual Recognition. The other Party shall accept theresults of the conformity assessment procedures conducted by that conformity assessment body prior
to the suspension of the designation.
2.

In case of lifting of the suspension of the designation of a registered conformity assessment

body, the Party whose Designating Authority has lifted the suspension of the designation shallimmediately notify the other Party and the Joint Committee on Mutual Recognition to that effect.
The suspension of the registration of that conformity assessment body shall be lifted from the date ofreceipt of the notification by the co-chair of that other Party on the Joint Committee on Mutual
Recognition. The other Party shall accept the results of the conformity assessment procedures
conducted by that conformity assessment body from the date of lifting of the suspension of theregistration.

ARTICLE 7
1.

Each Party may contest the compliance with the criteria for designation or the criteria for

confirmation set out in the applicable laws, regulations and administrative provisions specified in therelevant Sectoral Annex by a registered conformity assessment body or a confirmed facility of theother Party, respectively. Such contestation shall be notified to the Joint Committee on Mutual
Recognition and to that other Party in writing with an objective explanation of the reason for thecontestation. The Joint Committee on Mutual Recognition shall discuss such contestation within 20
days after the date on which such notification is made.

- 10451045 -

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2.

Where the Joint Committee on Mutual Recognition decides to conduct a joint verification, it

will be conducted in a timely manner by the Parties with the participation of the Designating
Authority that designated the contested conformity assessment body and with the prior consent of
the conformity assessment body. The result of such joint verification shall be discussed in the Joint
Committee on Mutual Recognition with a view to resolving the issue as soon as possible.
3.

The registration of the contested conformity assessment body shall be suspended 15 days after

the date on which the notification is made or on the date on which the Joint Committee on Mutual
Recognition decides to suspend the registration, whichever is the sooner. The registration of thecontested conformity assessment body shall remain suspended until the Joint Committee on Mutual
Recognition decides to lift the suspension of the registration of the conformity assessment body. In
the event of such suspension, the contesting Party shall accept the results of conformity assessment
procedures conducted by that conformity assessment body prior to the date of suspension.
4.

The Joint Committee on Mutual Recognition will decide on the actions to be taken by a Partyor the Parties with a view to resolving issues concerning the contestation of facilities as soon as
possible.
5.

The contesting Party shall not be obliged to accept the confirmation of, and the data generated

by, the contested facility from the date on which the co-chair of the other Party on the Joint
Committee on Mutual Recognition receives the notification referred to in paragraph 1 until the dateon which the Joint Committee on Mutual Recognition decides otherwise.

ARTICLE 8
1.

A Joint Committee on Mutual Recognition made up of representatives of the Parties shall beestablished on the date of application of this Protocol, as a body responsible for the effectivefunctioning of this Protocol.

- 10461046 -

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2.

The Joint Committee on Mutual Recognition shall take decisions and adopt recommendations

by consensus. It shall meet at the request of either Party under the co-chairs of the Parties. The Joint
Committee on Mutual Recognition may establish sub-committees and delegate specific tasks to such
sub-committees. The Joint Committee on Mutual Recognition shall adopt its rules of procedure.
3.

The Joint Committee on Mutual Recognition may consider any matter related to the operationof this Protocol. In particular, it shall be responsible for and/or decide on:(a)registration of a conformity assessment body, suspension of registration of a conformity
assessment body, lifting of suspension of registration of a conformity assessment body, andtermination of registration of a conformity assessment body;(b)establishment and, unless otherwise decided, publication on a Sector by Sector basis of lists of
the registered conformity assessment bodies and the confirmed facilities;(c)establishment of appropriate modalities of information exchange referred to in this Protocol;
and

(d)

appointment of experts from each Party for the joint verification referred to in paragraph 2 ofArticle 7 of this Protocol and subparagraph 1(c) of Article 9 of this Protocol.

4.

If any problem arises to the interpretation or application of this Protocol, the Parties shall seek

an amicable solution through the Joint Committee on Mutual Recognition.
5.

The Joint Committee on Mutual Recognition is responsible for coordinating and facilitating thenegotiation of additional Sectoral Annexes.
6.

Each Party shall provide the other Party and the Joint Committee on Mutual Recognition, atleast annually, with a list of the confirmed facilities.
7.

Any decision made by the Joint Committee on Mutual Recognition will be notified promptly in

writing to each Party.

- 10471047 -

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8.

The Parties shall, through the Joint Committee on Mutual Recognition:(a)specify and communicate to each other the applicable articles or annexes contained in the laws,
regulations and administrative provisions set out in the Sectoral Annexes;(b) exchange information concerning the implementation of the applicable laws, regulations andadministrative provisions specified in the Sectoral Annexes;(c)notify each other of any scheduled changes in the laws, regulations and administrative
provisions related to this Protocol prior to their entry into force; and(d) notify each other of any scheduled changes concerning their Designating Authorities,
Competent Authorities, the registered conformity assessment bodies and the confirmed
facilities.
9.

Without prejudice to the provisions of preceding paragraphs of this Article, the Joint

Committee on Mutual Recognition shall, on the date of application of this Protocol, decide to accept,
mutatis mutandis, documents that were produced by Japan and the European Community and its
successors with regard to the EC-Japan MRA, including joint declarations, exchange of letters anddecisions of the Joint Committee established pursuant to the EC-Japan MRA, and that are consideredappropriate by the Parties.

ARTICLE 91.

The following procedure shall apply to the registration of a conformity assessment body:(a)Each Party shall make a proposal that a conformity assessment body of that Party designatedby its Designating Authority be registered under this Protocol, by presenting its proposal inwriting, supported by necessary documents, to the other Party and the Joint Committee on
Mutual Recognition;- 10481048 -

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(b) The other Party shall consider whether the proposed conformity assessment body complies
with the criteria for designation set out in the applicable laws, regulations and administrative
provisions of that other Party specified in the relevant Sectoral Annex and indicate its position
regarding the registration of that conformity assessment body within 90 days from the receiptof the proposal referred to in subparagraph (a). In such consideration, such other Party should
assume that the proposed conformity assessment body complies with the aforementioned
criteria. The Joint Committee on Mutual Recognition shall take a decision whether to registerthe proposed conformity assessment body within 90 days from the receipt of the proposal;(c)

In the event that the Joint Committee on Mutual Recognition cannot decide to register the
proposed conformity assessment body, the Joint Committee on Mutual Recognition may decideto conduct a joint verification or to request the proposing Party to conduct a verification of the
proposed body with the prior consent of such body. After the completion of such verification,
the Joint Committee on Mutual Recognition may reconsider the proposal.

2.

The proposing Party shall provide the following information in its proposal for registration of aconformity assessment body and keep such information up to date:(a)the name and address of the conformity assessment body;(b) the products or processes the conformity assessment body is authorised to assess;(c)

the conformity assessment procedures the conformity assessment body is authorised to
conduct; and(d) the designation procedure and necessary information used to determine the compliance of theconformity assessment body with the criteria for designation.
3.

Notwithstanding paragraphs 1 and 2, the Joint Committee on Mutual Recognition shall, on thedate of application of this Protocol, decide to register the conformity assessment bodies of the Parties
that have been registered as the conformity assessment bodies under the EC-Japan MRA and that areconsidered appropriate by the Parties.

- 10491049 -

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4.

Each Party shall ensure that its Designating Authority withdraws the designation of a registeredconformity assessment body when the Designating Authority considers that the conformity
assessment body no longer complies with the criteria for designation set out in the applicable laws,
regulations and administrative provisions of the other Party specified in the relevant Sectoral Annex.
5.

Each Party shall propose the termination of the registration of its conformity assessment bodywhen that Party considers that the conformity assessment body no longer complies with the criteria
for designation set out in the applicable laws, regulations and administrative provisions of the otherParty specified in the relevant Sectoral Annex, or the Designating Authority of that Party withdraws
the designation of a conformity assessment body. Proposals for terminating the registration of that
conformity assessment body shall be made to the Joint Committee on Mutual Recognition and theother Party. The registration of that conformity assessment body shall be terminated upon receipt of
the proposal by the co-chair of that other Party on the Joint Committee on Mutual Recognition,
unless otherwise determined by the Joint Committee on Mutual Recognition.
6.

In the case of a registration of a new conformity assessment body, the other Party shall accept

the results of conformity assessment procedures conducted by that conformity assessment body fromthe date of the registration. In the event that the registration of a conformity assessment body is
terminated, the other Party shall accept the results of the conformity assessment procedures
conducted by that conformity assessment body prior to the termination, without prejudice toparagraph 1 of Article 6 of this Protocol and paragraph 3 of Article 7 of this Protocol.

ARTICLE 10
1.

Nothing in this Protocol shall be construed to limit the authority of a Party to take measures it

considers appropriate, for protecting health, safety or the environment or prevention of deceptive
practices.

- 10501050 -

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2. (a) The Competent Authority of a Party may visit manufacturing facilities of the other Party on
the condition that such other Party and the manufacturing facilities concerned consent to such
visit and, if such other Party so requests, officials of the Competent Authority of such otherParty join the visit, for the purpose of deciding whether to continue to accept the confirmationof the manufacturing facilities concerned and the data generated by them pursuant toparagraph 2 of Article 2 of this Protocol, where an emergency as defined in subparagraph (b)takes place. Such visit shall be carried out in a manner not inconsistent with the laws andregulations of that other Party and in accordance with the modalities to be decided pursuant to
subparagraph (b). The Party shall use the information obtained by its Competent Authority inconnection with such visit only for the purpose specified in this subparagraph.
(b) The definition of the emergency and the modalities of such visit referred to in subparagraph (a)will be decided by the Joint Committee on Mutual Recognition as part of the preparatory work
to be done in accordance with the provisions of the relevant Sectoral Annex.

ARTICLE 11
1.

Without prejudice to paragraph 2 of Article 2 of this Protocol, nothing in this Protocol shallentail mutual acceptance of the standards or technical regulations of the Parties.
2.

Nothing in this Protocol shall be construed to entail an obligation upon a Party to accept theresult of the conformity assessment procedures of any third country.
3.

Nothing in this Protocol shall be construed so as to affect the rights and obligations that either

Party has as a Member to the WTO Agreement, including the TBT Agreement and the TRIPS
Agreement.

- 10511051 -

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ARTICLE 12
A Party shall not disclose any information obtained under this Protocol as confidential, unlessotherwise required under its laws or regulations.

ARTICLE 13
1.

This Protocol shall not be subject to the following provisions of this Agreement:(a)Article 1.5 and Article 1.6 ;(b)Chapter 17;(c)

Article 20.3;(d)Chapter 22;(e)

Chapter 23;(f)

Article 24.2; and(g)paragraph 1 of Article 18 of Annex 2-C.

2.

In the event of any inconsistency between the provisions of this Protocol and the otherprovisions of this Agreement, the provisions of this Protocol shall prevail to the extent of theinconsistency.

- 10521052 -

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ARTICLE 14
1.

The Sectoral Annexes to this Protocol are an integral part of this Protocol.

2.

In case of conflict between the provisions of Part A of a Sectoral Annex and Articles 1 to 13 ofthis Protocol, the provisions of Part A of the Sectoral Annex shall prevail.
3. (a) The provisions concerning the scope and coverage of paragraph 1 of Part A of each Sectoral
Annex shall not be changed unless the Parties amend this Protocol in accordance with the first
sentence of subparagraph (b).
(b) This Protocol may be amended by agreement between the Parties. However, if the amendments
relate only to changes of laws, regulations and administrative provisions, Designating
Authorities or Competent Authorities specified in Part B of the Sectoral Annexes, theamendments may be made by exchange of diplomatic notes between the Governments of theParties, in conformity with their applicable domestic procedures.
4.

If a Party introduces new or additional conformity assessment procedures within the same

product coverage to satisfy the requirements set out in the applicable laws, regulations andadministrative provisions specified in the relevant Sectoral Annex, Part B of the Sectoral Annex shallbe amended to set out the applicable laws, regulations and administrative provisions stipulating suchnew or additional conformity assessment procedures, in accordance with the procedures set out inthe second sentence of subparagraph 3(b).

ARTICLE 15
Without prejudice to Article 24.3, the Governments of the Parties, at any time prior to the entry into
force of this Agreement, may decide by an exchange of diplomatic notes not to apply this Protocol
until the date to be agreed upon by the Governments of the Parties. Such date shall be identified in
an exchange of diplomatic notes between the Governments of the Parties.

- 10531053 -

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ARTICLE 16
Either Party may notify in writing the other Party of its intention to cease to apply this Protocol.
This Protocol shall cease to apply six months after the date of receipt by that other Party of thenotification, unless the Parties otherwise agree.

- 10541054 -

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SECTORAL ANNEX ON
TELECOMMUNICATIONS TERMINAL EQUIPMENT AND
RADIO EQUIPMENT

PART ASCOPE AND COVERAGE
1.

This Sectoral Annex applies to conformity assessment procedures for all telecommunications

terminal equipment and radio equipment, which in the United Kingdom and Japan respectively are
subject to conformity assessment procedures conducted by the conformity assessment body, as set
out in the laws, regulations and administrative provisions of each Party specified in Section I of Part
B of this Sectoral Annex.
2.

It is understood that the term "amendment" referred to in Part B of this Sectoral Annex includes

the following cases:(a)a Party entirely or partially changes its applicable laws, regulations and/or administrative
provisions listed in Part B of this Sectoral Annex, whether or not those names are changed;(b) a Party repeals its applicable laws, regulations and/or administrative provisions listed in Part Bof this Sectoral Annex and adopts new laws, regulations and/or administrative provisions
substituting for the previous laws, regulations and/or administrative provisions, whether or not
the previous names are changed; and(c)a Party incorporates the whole or a relevant part of its applicable laws, regulations and/or
administrative provisions listed in Part B of this Sectoral Annex into other laws, regulations
and/or administrative provisions.

- 10551055 -

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PART BSECTION I:

THE APPLICABLE LAWS, REGULATIONS AND ADMINISTRATIVEPROVISIONS STIPULATING TELECOMMUNICATIONS TERMINAL EQUIPMENT AND
RADIO EQUIPMENT

THE UNITED KINGDOM
1.

JAPAN

Radio Equipment Regulations 2017 (SI 1.

Telecommunications Business Law

2017/1206) and amendments thereto(Law No. 86 of 1984) and amendments
thereto2.

For pure wired telecommunications
terminal equipment:

2.

Ordinance concerning TechnicalStandards Conformity Approval, Etc.

Electromagnetic Compatibility

for Terminal Equipment (Ministerial

Regulations 2016 (SI 2016/1091) and

Ordinance of Ministry of Internal

amendments thereto

Affairs and Communications No. 15 of2004) and amendments thereto
3.

Radio Law (Law No. 131 of 1950) andamendments thereto

4.

Ordinance concerning TechnicalRegulations Conformity Certification
Etc. of Specified Radio Equipment(Ministerial Ordinance of Ministry of
Posts and Telecommunications No. 37
of 1981) and amendments thereto- 10561056 -

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SECTION II:

THE APPLICABLE LAWS, REGULATIONS AND ADMINISTRATIVEPROVISIONS STIPULATING THE REQUIREMENTS AND THE CONFORMITYASSESSMENT PROCEDURESTHE UNITED KINGDOM
1.

JAPAN

Radio Equipment Regulations 2017 (SI 1.

Telecommunications Business Law

2017/1206) and amendments thereto(Law No. 86 of 1984) and amendments
thereto2.

Electromagnetic Compatibility
Regulations 2016 (SI 2016/1091) and2.

amendments thereto

Ordinance concerning Terminal
Facilities Etc. (Ministerial Ordinanceof Ministry of Posts andTelecommunications No. 31 of 1985)
and amendments thereto

3.

Ordinance concerning TechnicalStandards Conformity Approval, Etc.
for Terminal Equipment (Ministerial
Ordinance of Ministry of Internal
Affairs and Communications No. 15 of2004) and amendments thereto

4.

Radio Law (Law No. 131 of 1950) andamendments thereto

5.

Ordinance concerning Radio
Equipment (Radio Regulatory
Commission Regulations No. 18 of
1950) and amendments thereto- 10571057 -

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THE UNITED KINGDOM

JAPAN
6.

Ordinance concerning TechnicalRegulations Conformity Certification
Etc. of Specified Radio Equipment(Ministerial Ordinance of Ministry of
Posts and Telecommunications No. 37
of 1981) and amendments thereto- 10581058 -

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SECTION III: DESIGNATING AUTHORITIESTHE UNITED KINGDOMJAPANDepartment for Business, Energy and

For Radio Equipment Regulations 2017 (SIIndustrial Strategy or an authority

2017/1206) and amendments thereto:

succeeding it
Ministry of Internal Affairs andCommunications or an authority succeedingit
For Electromagnetic Compatibility
Regulations 2016 (SI 2016/1091) andamendments thereto:
Ministry of Internal Affairs andCommunications or an authority succeedingit
Ministry of Economy, Trade and Industry or
an authority succeeding it- 10591059 -

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SECTION IV: THE APPLICABLE LAWS, REGULATIONS AND ADMINISTRATIVEPROVISIONS STIPULATING THE CRITERIA FOR DESIGNATIONTHE CRITERIA TO BE APPLIED BY

THE CRITERIA TO BE APPLIED BY THE

JAPAN IN DESIGNATING CONFORMITY

UNITED KINGDOM IN DESIGNATINGASSESSMENT BODIES TO ASSESSCONFORMITY ASSESSMENT BODIESPRODUCTS AGAINST THE UNITED

TO ASSESS PRODUCTS AGAINSTKINGDOM'S REQUIREMENTS

JAPAN'S REQUIREMENTS

1.

Radio Equipment Regulations 2017 (SI 1.

Telecommunications Business Law

2017/1206) and amendments thereto(Law No. 86 of 1984) and amendments
thereto2.

Electromagnetic Compatibility
Regulations 2016 (SI 2016/1091) and2.

amendments thereto

Ordinance concerning TechnicalStandards Conformity Approval, Etc.
for Terminal Equipment (Ministerial
Ordinance of Ministry of Internal
Affairs and Communications No. 15 of2004) and amendments thereto

3.

Radio Law (Law No. 131 of 1950) andamendments thereto

4.

Ordinance concerning TechnicalRegulations Conformity Certification
Etc. of Specified Radio Equipment(Ministerial Ordinance of Ministry of
Posts and Telecommunications No. 37
of 1981) and amendments thereto- 10601060 -

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SECTORAL ANNEX ON
ELECTRICAL PRODUCTSPART ASCOPE AND COVERAGE
1.

This Sectoral Annex applies to conformity assessment procedures for all electrical products,

which in the United Kingdom and Japan respectively are subject to conformity assessment
procedures conducted by the conformity assessment body, as set out in the laws, regulations andadministrative provisions of each Party specified in Section I of Part B of this Sectoral Annex.
2.

It is understood that the term "amendment" referred to in Part B of this Sectoral Annex includes

the following cases:(a)a Party entirely or partially changes its applicable laws, regulations and/or administrative
provisions listed in Part B of this Sectoral Annex, whether or not those names are changed;(b) a Party repeals its applicable laws, regulations and/or administrative provisions listed in Part Bof this Sectoral Annex and adopts new laws, regulations and/or administrative provisions
substituting for the previous laws, regulations and/or administrative provisions, whether or not
the previous names are changed; and(c)a Party incorporates the whole or a relevant part of its applicable laws, regulations and/or
administrative provisions listed in Part B of this Sectoral Annex into other laws, regulations
and/or administrative provisions.

- 10611061 -

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PART BSECTION I:

THE APPLICABLE LAWS, REGULATIONS AND ADMINISTRATIVEPROVISIONS STIPULATING ELECTRICAL PRODUCTS

THE UNITED KINGDOMJAPANElectromagnetic Compatibility Regulations

1.

Electrical Appliances and Materials

2016 (SI 2016/1091) and amendments

Safety Law (Law No. 234 of 1961) andtheretoamendments thereto
2.

Cabinet Order for Enforcement of theElectrical Appliances and Materials
Safety Law (Cabinet Order No. 324 of
1962) and amendments thereto- 10621062 -

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SECTION II:

THE APPLICABLE LAWS, REGULATIONS AND ADMINISTRATIVEPROVISIONS STIPULATING THE REQUIREMENTS AND THE CONFORMITYASSESSMENT PROCEDURESTHE UNITED KINGDOMElectromagnetic Compatibility Regulations

JAPAN
1.

Electrical Appliances and Materials

2016 (SI 2016/1091) and amendments

Safety Law (Law No. 234 of 1961) andtheretoamendments thereto
2.

Regulation for Enforcement of theElectrical Appliances and Materials
Safety Law (Ministerial Ordinance ofMinistry of International Trade andIndustry No. 84 of 1962) andamendments thereto

3.

Ministerial Ordinance on TechnicalStandards for Electrical Appliances andMaterials (Ministerial Ordinance ofMinistry of Economy, Trade andIndustry No. 34 of 2013) andamendments thereto

4.

The Notification of the Interpretation of
the Ministerial Ordinance on TechnicalStandards for Electrical Appliances andMaterials (Notification of Ministry of
Economy, Trade and Industry,
20130605 Shokyoku No. 3) andamendments thereto- 10631063 -

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SECTION III: DESIGNATING AUTHORITIESTHE UNITED KINGDOMJAPANDepartment for Business, Energy and

Ministry of Economy, Trade and Industry or

Industrial Strategy or an authority

an authority succeeding it

succeeding it- 10641064 -

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SECTION IV: THE APPLICABLE LAWS, REGULATIONS AND ADMINISTRATIVEPROVISIONS STIPULATING THE CRITERIA FOR DESIGNATIONTHE CRITERIA TO BE APPLIED BY

THE CRITERIA TO BE APPLIED BY THE

JAPAN IN DESIGNATING CONFORMITY

UNITED KINGDOM IN DESIGNATINGASSESSMENT BODIES TO ASSESSCONFORMITY ASSESSMENT BODIESPRODUCTS AGAINST THE UNITED

TO ASSESS PRODUCTS AGAINSTKINGDOM'S REQUIREMENTS

JAPAN'S REQUIREMENTS

Electromagnetic Compatibility Regulations

1.

Electrical Appliances and Materials

2016 (SI 2016/1091) and amendments

Safety Law (Law No. 234 of 1961) andtheretoamendments thereto
2.

Cabinet Order for Enforcement of theElectrical Appliances and Materials
Safety Law (Cabinet Order No. 324 of
1962) and amendments thereto

3.

Regulation for Enforcement of theElectrical Appliances and Materials
Safety Law (Ministerial Ordinance ofMinistry of International Trade andIndustry No. 84 of 1962) andamendments thereto- 10651065 -

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SECTORAL ANNEX ON
GOOD LABORATORY PRACTICE (GLP) FOR CHEMICALSPART A
1.

This Sectoral Annex applies to:(a)the confirmation of the compliance of test facilities with the principles of GLP for the testing ofchemicals, being either substances or preparations, as set out in the laws, regulations andadministrative provisions of each Party specified in Section I of Part B of this Sectoral Annex;and(b) the acceptance of the data generated by confirmed test facilities.
2. (a) For the purposes of this Sectoral Annex:(i)"criteria for confirmation" means the principles of GLP as stipulated in the laws,
regulations and administrative provisions of each Party specified in Section III of Part Bof this Sectoral Annex and that are consistent with Annex II of the OECD Council
Decision of 12 May 1981 [C(81)30(Final)] as amended by the OECD Council Decision of
26 November 1997 [C(97)186(Final)]; and(ii) "verification" means the monitoring of the compliance of a test facility with the principlesof GLP by procedures such as study audits and inspections that are set out in the laws,
regulations and administrative provisions of each Party specified in Section III of Part Bof this Sectoral Annex and that are consistent with the OECD Council Decision –Recommendation of 2 October 1989 [C(89)87(Final)], and in particular its Annexes I andII, as amended by the OECD Council Decision of 9 March 1995 [C(95)8(Final)].

- 10661066 -

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(b) For the purpose of this Sectoral Annex, any term, unless otherwise defined in this Protocol, has
the meaning assigned to it in the "OECD Principles of Good Laboratory Practice" as containedin Annex II of the OECD Council Decision of 12 May 1981 [C(81)30(Final)], the "Guides forCompliance Monitoring Procedures for Good Laboratory Practice" as contained in Annex I of
the OECD Council Decision – Recommendation of 2 October 1989 [C(89)87(Final)], the GLP
Consensus Document "The Application of the GLP Principles to Field Studies" (OECD Series
on Principles of Good Laboratory Practice and Compliance Monitoring, Number 6), and allamendments made thereto.
(c)

It is understood that the term "amendment" referred to in Part B of this Sectoral Annex includes
the following cases:(i)a Party entirely or partially changes its applicable laws, regulations and/or administrative
provisions listed in Part B of this Sectoral Annex, whether or not those names arechanged;(ii) a Party repeals its applicable laws, regulations and/or administrative provisions listed inPart B of this Sectoral Annex and adopts new laws, regulations and/or administrative
provisions substituting for the previous laws, regulations and/or administrative provisions,
whether or not the previous names are changed; and(iii) a Party incorporates the whole or a relevant part of its applicable laws, regulations and/or
administrative provisions listed in Part B of this Sectoral Annex into other laws,
regulations and/or administrative provisions.
3.

In making amendments to the laws, regulations and administrative provisions specified in

Section III of Part B of this Sectoral Annex, the Parties should take account of the need to maintainconsistency with the relevant decisions and recommendations of the OECD.

- 10671067 -

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4.

With respect to paragraph 2 of Article 2 of this Protocol, each Party shall, as a result of theacceptance of the confirmation of test facilities by the Competent Authorities of the other Party,
accept the data for a test item generated by the confirmed test facilities as equivalent to the data
generated by its own test facilities which are confirmed to be compliant with the principles of GLP,
taking into account the equivalence of GLP compliance monitoring programme of both Parties,
which are consistent with the OECD Council Decision-Recommendation of 2 October 1989
[C(89)87(Final)] as amended by the OECD Council Decision of 9 March 1995 [C(95)8(Final)],provided that:(a)a certificate or an alternative document on the GLP compliance status of the test facility issued
by the Competent Authority of that other Party, in accordance with the applicable laws,
regulations and administrative provisions of that other Party specified in Section III of Part Bof this Sectoral Annex, is attached to the data; and(b) the testing for which the data is generated is covered by the principles of GLP in both Parties
pursuant to the applicable laws, regulations and administrative provisions of each Party.
5.(a) The list of the confirmed facilities referred to in paragraphs 3 and 6 of Article 8 of this Protocol
shall be provided in an appropriate agreed format and include the following information:(i)the name and address of the test facility;(ii) the dates of verification or confirmation;(iii) the GLP compliance status; and(iv) the areas of expertise as listed in point 4 of the Appendix to Annex III of the OECD
Council Decision-Recommendation of 2 October 1989 [C(89)87(Final)].
(b) Each Party shall, to the extent possible, provide the other Party with additional information on
the confirmed facilities upon a reasoned request by that other Party.

- 10681068 -

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(c)Each Party shall transmit to the other Party, without delay, information on any withdrawal of
the certificate of a confirmed test facility if the facility has been found to be non-compliant
with the principles of GLP.

6. (a) Each Party may request the other Party, by indicating in writing a reasoned doubt on whether astudy was conducted in accordance with the principles of GLP, to conduct further inspections
or study audits on a confirmed test facility, in accordance with the applicable laws, regulations
and administrative provisions of that other Party.
(b) The requested Party shall inform the requesting Party of the results of the inspections or study
audits, or provide an explanation of why such an inspection or study audit has not been carried
out.
(c)

The requesting Party shall not be obliged to accept the data generated by the test facility
concerned from the date on which the request is made, until the results of the further inspection
or study audit conducted by the Competent Authority of the requested Party have reconfirmed
the compliance of the test facility with the principles of GLP.

(d) If, in exceptional cases, doubts persist, and the requesting Party can justify a specific concern,that Party may contest the compliance of the test facility concerned in accordance with Article
7 of this Protocol.

- 10691069 -

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PART BSECTION I:

THE APPLICABLE LAWS, REGULATIONS AND ADMINISTRATIVEPROVISIONS STIPULATING THE COVERAGE OF CHEMICALS SUBJECT TO TESTING IN
ACCORDANCE WITH THE PRINCIPLES OF GLPTHE UNITED KINGDOM
1.

JAPAN

Medical Products:

The Human Medicines Regulations 2012 (SI1.

Pharmaceuticals:(a)

Law concerning Securing Quality,

2012/1916) and amendments thereto

Efficacy and Safety of Products
including Pharmaceuticals and2.

Veterinary Medicinal Products:

Medical Devices (Law No. 145 of
1960) and amendments thereto

The Veterinary Medicines Regulations 2013
(SI 2013/2033) and amendments thereto(b)Regulation for Enforcement of the
Law concerning Securing Quality,

3.

Plant Protection Products:

Efficacy and Safety of Products
including Pharmaceuticals and(a)Plant Protection Products Regulations

Medical Devices (Ministerial

2011 and amendments thereto

Ordinance of Ministry of Health andWelfare No. 1 of 1961) and(b)

Plant Protection Products Regulations

amendments thereto(Northern Ireland) 2011 and

4.

amendments thereto

2.

Veterinary Drugs:

Biocides:(a)

Law concerning Securing Quality,
Efficacy and Safety of Products

Chemicals (Health and Safety) andincluding Pharmaceuticals andGenetically Modified Organisms (Contained

Medical Devices (Law No. 145 ofUse) (EU Exit) Regulations 2019 and1960) and amendments thereto

amendments thereto- 10701070 -

02-2-2_英文【附属書】858-1090.indd

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THE UNITED KINGDOM
5.

JAPAN

Feed Additives:(b)

Ordinance concerning Control of
Veterinary Drugs Etc. (Ministerial

Regulation (EC) No 1831/2003 of theOrdinance of Ministry of Agriculture,

European Parliament and of the Council ofForestry and Fisheries No. 107 of

22 September 2003 on additives for use in2004) and amendments thereto

animal nutrition, and United Kingdom law
amendments thereto

3.

Agricultural Chemicals:

6.

(a)

Agricultural Chemicals Regulation

New and Existing Chemicals:

Law (Law No. 82 of 1948) andamendments thereto

Chemicals (Health and Safety) and
Genetically Modified Organisms (ContainedUse) (EU Exit) Regulations 2019 and(b)

Ministerial Ordinance concerning
Good Laboratory Practice foramendments thereto

Agricultural Chemicals (Ministerial
7.

Ordinance of Ministry of Agriculture,

Food Additives:

Forestry and Fisheries No. 76 of 2018)
and amendments thereto

Regulation (EC) No 1333/2008 of theEuropean Parliament and of the Council of
16 December 2008 on food additives, and4.

Feed Additives:(a)

Law concerning Safety Assurance andUnited Kingdom law amendments thereto
8.

Cosmetics:

Quality Improvement of Feed (Law
No. 35 of 1953) and amendments

Regulation (EC) No 1223/2009 of thetheretoEuropean Parliament and of the Council of
30 November 2009 on Cosmetic Products,(b)

Regarding Establishment of theand United Kingdom law amendments

Standards for Evaluation of Feed

thereto

Additives (4 Chiku A No. 201 of 1992)
and amendments thereto- 10711071 -

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THE UNITED KINGDOM

JAPAN
5.

Industrial Chemicals:

Law concerning the Evaluation of Chemical
Substances and Regulation of Their
Manufacture, Etc. (Law No. 117 of 1973)
and amendments thereto
6.

Chemical Substances Controlled for
the Protection of Health of Workers:(a)Industrial Safety and Health Law (Law
No. 57 of 1972) and amendments
thereto(b)

Cabinet Order for Enforcement of theIndustrial Safety and Health Law(Cabinet Order No. 318 of 1972) andamendments thereto(c)Ordinance on Industrial Safety and
Health (Ministerial Ordinance ofMinistry of Labour No. 32 of 1972)
and amendments thereto- 10721072 -

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SECTION II:COMPETENT AUTHORITIESTHE UNITED KINGDOMJAPANFor all:

For Pharmaceuticals:

Department of Health and Social Care

Ministry of Health, Labour and Welfare or(Medicines and Healthcare products

an authority succeeding it

Regulatory Agency) or an authority
succeeding it

For Veterinary Drugs:
Ministry of Agriculture, Forestry and
Fisheries or an authority succeeding it
For agricultural chemicals:
Ministry of Agriculture, Forestry and
Fisheries or an authority succeeding it
For Feed Additives:
Ministry of Agriculture, Forestry and
Fisheries or an authority succeeding it
For Industrial Chemicals:
Ministry of Health, Labour and Welfare oran authority succeeding it
Ministry of Economy, Trade and Industry or
an authority succeeding it- 10731073 -

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THE UNITED KINGDOMJAPANMinistry of the Environment or an authority
succeeding it
For Chemical Substances Controlled for theProtection of Health of Workers:
Ministry of Health, Labour and Welfare oran authority succeeding it- 10741074 -

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SECTION III: THE APPLICABLE LAWS, REGULATIONS AND ADMINISTRATIVEPROVISIONS STIPULATING THE PRINCIPLES OF GLP, VERIFICATION AND
CONFIRMATIONTHE UNITED KINGDOMThe Good Laboratory Practice Regulations

JAPAN
1.

Pharmaceuticals:(a)

Law concerning Securing Quality,

1999 (SI 1999/3106) and amendments
theretoEfficacy and Safety of Products
Including Pharmaceuticals andMedical Devices (Law No. 145 of
1960) and amendments thereto(b)Ministerial Ordinance concerning
Good Laboratory Practice for Nonclinical Laboratory Studies on Safetyof Drugs (Ministerial Ordinance ofMinistry of Health and Welfare No. 21
of 1997) and amendments thereto(c)Regarding Treatment of Materials
concerning Non-clinical Laboratory
Studies on Safety of Pharmaceuticals,
Medical Devices and Regenerative
Medicine Products Which Should Be
Attached to the Application for the
Products for Manufacturing andMarketing Approval Etc.
(Yakushokushinsahatsu 1121 No.
9/Yakushokukisanhatsu 1121 No. 13
of 2014) and amendments thereto- 10751075 -

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1075

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THE UNITED KINGDOM

JAPAN
(d)

Regarding Guidelines for the Conduct
of Pharmaceutical GLP On-site
Inspection Conducted by Ministry of
Health, Labour and Welfare(Yakushokushinsahatsu No. 0805003
of 2005) and amendments thereto

2.

Veterinary Drugs:(a)

Law concerning Securing Quality,
Efficacy and Safety of Products
including Pharmaceuticals andMedical Devices (Law No. 145 of
1960) and amendments thereto(b)Ministerial Ordinance concerning
Good Laboratory Practice for Nonclinical Laboratory Studies on Safetyof Veterinary Drugs (Ministerial
Ordinance of Ministry of Agriculture,
Forestry and Fisheries No. 74 of 1997)
and amendments thereto(c)Regarding Management of the Law
concerning Securing Quality, Efficacy
and Safety of Products including
Pharmaceuticals and Medical Devices(12 Chiku A No. 729 of 2000) andamendments thereto- 10761076 -

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THE UNITED KINGDOM

JAPAN
3.

Agricultural Chemicals:(a)Agricultural Chemicals Regulation
Law (Law No. 82 of 1948) andamendments thereto(b)Ministerial Ordinance concerning
Good Laboratory Practice for
Agricultural Chemicals (Ministerial
Ordinance of Ministry of Agriculture,
Forestry and Fisheries No. 76 of 2018)
and amendments thereto(c)Regarding Confirmation andInspection on Compliance with theRequirements from Articles 5 to 19 of
the Ministerial Ordinance concerning
Good Laboratory Practice for
Agricultural Chemicals (30 Shouan
No. 4215 of 2018) and amendments
thereto4.

Feed Additives:(a)

Law concerning Safety Assurance andQuality Improvement of Feed (Law
No. 35 of 1953) and amendments
thereto- 10771077 -

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THE UNITED KINGDOM

JAPAN
(b)

Regarding Standards for the Conductof Animal Studies on Feed Additives(63 Chiku A No. 3039 of 1988) andamendments thereto(c)Regarding the Establishment of the
Guidelines for the Inspection Based on
the Standards for the Conduct ofAnimal Studies on Feed Additives (1Chiku A No. 3441 of 1990) andamendments thereto

5.

Industrial Chemicals:(a)

Law concerning the Evaluation ofChemical Substances and Regulationof Their Manufacture, Etc. (Law No.
117 of 1973) and amendments thereto(b)Ministerial Ordinance on Items Etc. of
Test concerning New Chemical
Substances and Study of Hazardous
Properties of Chemical Substances
Requiring Priority Assessment andMonitoring Chemical Substances(Ministerial Ordinance of Ministry of
Health, Labour and Welfare, of
Ministry of Economic Trade andIndustry and of Ministry of theEnvironment No. 3 of 2010) andamendments thereto- 10781078 -

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THE UNITED KINGDOM

JAPAN
(c)

The Notice on Tests designated by
Minister for Health, Labour andWelfare, Minister for Economy, Tradeand Industry and Minister for theEnvironment based on Paragraph 2 ofArticle 1, Article 3 and Subparagraph
4 of Article 5 of the Ministerial
Ordinance on Items Etc. of Test
concerning New Chemical Substancesand Study of Hazardous Properties ofChemical Substances Requiring
Priority Assessment and Monitoring
Chemical Substances (Notice ofMinistry of Health, Labour andWelfare, Ministry of Economy, Tradeand Industry and Ministry of theEnvironment, No. 5 of 2011) andamendments thereto(d)Regarding the Good Laboratory
Practice for test facilities conducting
tests of New Chemical Substances Etc.
(Yakusyokuhatsu 0331 No. 8/Heisei
23.03.29 Seikyoku No.
6/Kanhokihatsu No. 110331010 of2011) and amendments thereto- 10791079 -

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THE UNITED KINGDOM

JAPAN
(e)

Regarding the Rules and Requirements
for Test Results for Evaluating New
Chemical Substances Etc.
(Yakusyokuhatsu 0331 No. 9/Heisei
23.03.29 Seikyoku No.
7/Kanhokihatsu No. 110331011 of
2011) and amendments thereto

6.

Chemical Substances Controlled for theProtection of Health of Workers:(a)Industrial Safety and Health Law (Law
No. 57 of 1972) and amendments
thereto(b)

Ordinance on Industrial Safety and
Health (Ministerial Ordinance ofMinistry of Labour No. 32 of 1972)
and amendments thereto(c)

The Notice on Standard to be Satisfied
by the Test Facility Etc. under theProvisions of Paragraph 2 of Article34-3 of the Ordinance on Industrial
Safety and Health (Notice of Ministryof Labour No. 76 of 1988) andamendments thereto- 10801080 -

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THE UNITED KINGDOM

JAPAN
(d)

Regarding Implementation of the
Ministerial Ordinance to Amend a Partof the Ordinance on Industrial Safety
and Health, Ministerial Ordinance toAmend a Part of the Ordinance on
Safety of Boiler and High Pressure
Vessels and the Ministerial Ordinanceto Amend a Part of the Ordinance on
Preventing Organic Solvents
Poisoning, Etc. (Kihatsu No. 602 of
1988) and amendments thereto(e)Regarding Establishment of the
Guideline of Certification ofCompliance of Test Facilities Etc. with
GLP under the Industrial Safety and
Health Law (Kihatsu No. 123 of 1989)
and amendments thereto- 10811081 -

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SECTORAL ANNEX ON
GOOD MANUFACTURING PRACTICE (GMP) FOR MEDICINAL PRODUCTSPART A
1.

This Sectoral Annex applies to:(a)the confirmation of the compliance with GMP requirements of manufacturing facilities for
medicinal products to which the GMP requirements of both Parties are applied in accordancewith the laws, regulations and administrative provisions of each Party specified in Section I ofPart B of this Sectoral Annex; and(b) the acceptance of the data generated by confirmed manufacturing facilities (the certificate
issued by confirmed manufacturing facilities in accordance with the provisions of Part A of this
Sectoral Annex).
2.(a) For the purposes of this Sectoral Annex:(i)"criteria for confirmation" means the GMP requirements;(ii) "Good Manufacturing Practice (GMP)" means that part of quality assurance which
ensures that products are consistently produced and controlled in accordance with thequality standards appropriate for their intended use and as required by the applicable
marketing authorisation or product specifications;(iii) "inspection" means an on-site evaluation of a manufacturing facility to determine whether
such manufacturing facility is operating in compliance with GMP requirements including
the requirements of the applicable marketing authorisation or product specifications. Suchinspection is conducted in accordance with the laws, regulations and administrative
provisions specified in Section I of Part B of this Sectoral Annex carried out by aCompetent Authority listed in Section II of Part B of this Sectoral Annex, and may
include pre-marketing and post-marketing inspection; and- 10821082 -

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(iv) "medicinal products" means drugs which are industrially manufactured for human use as
defined in the laws, regulations and administrative provisions of Japan specified in
Section I of Part B of this Sectoral Annex, and medicinal products and intermediate
products which are industrially manufactured for human use as defined in the laws,
regulations and administrative provisions of the United Kingdom in Section I of Part Bof this Sectoral Annex.
The definition of medicinal products above may include medicinal products intended forclinical trials, active ingredients, chemical and biological pharmaceuticals,
immunologicals, radiopharmaceuticals, stable medicinal products derived from humanblood or human plasma, and where appropriate, vitamins, minerals and herbal medicines.
(b) It is understood that the term "amendment" referred to in Part B of this Sectoral Annex includes
the following cases:(i)a Party entirely or partially changes its applicable laws, regulations and/or administrative
provisions listed in Part B of this Sectoral Annex, whether or not those names arechanged;(ii) a Party repeals its applicable laws, regulations and/or administrative provisions listed inPart B of this Sectoral Annex and adopts new laws, regulations and/or administrative
provisions substituting for the previous laws, regulations and/or administrative provisions,
whether or not the previous names are changed; and(iii) a Party incorporates the whole or a relevant part of its applicable laws, regulations and/or
administrative provisions listed in Part B of this Sectoral Annex into other laws,
regulations and/or administrative provisions.
3.

This Protocol does not cover mutual recognition of batch release (Kentei) referred to in Article

43 of the Law on Securing Quality, Efficacy and Safety of Products including Pharmaceuticals andMedical Devices (Law No. 145 of 1960) of Japan and batch release referred to in regulation 60A of
the Human Medicines Regulation 2012 of the United Kingdom.

- 10831083 -

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4.

With respect to paragraph 2 of Article 2 of this Protocol, each Party shall, as a result of theacceptance of confirmation of manufacturing facilities carried out by the Competent Authorities ofthe other Party, accept, regarding the medicinal products for which its marketing authorisation has
been issued or for which product specifications are applicable, the certificate issued by the confirmed
manufacturing facilities of the conformity of each batch to the marketing authorisation or productspecifications and exempt the importers from the testing of each batch, in accordance with the laws,
regulations and administrative provisions of each Party specified in the Section I of Part B of this
Sectoral Annex, taking into account the equivalence of GMP requirements of both Parties, provided
that:
(a)

such certificate is issued by the confirmed manufacturing facilities on the results of a full
qualitative analysis, a quantitative analysis of all the active constituents and all the other tests orchecks;(b) the certificate contains a statement that the product has been manufactured in conformity with
GMP requirements; and(c)both Parties apply the equivalent GMP requirements to the products of which the certificate isissued.

5.

In the certificate issued by the confirmed manufacturing facilities and related to each batch to

be exported, as referred to in paragraph 4, it will be certified, through the testing which is required
for the manufacturing of medicinal products in accordance with the laws, regulations andadministrative provisions of each Party specified in Section I of Part B of this Sectoral Annex, thateach batch of medicinal products is manufactured as required by the applicable marketing
authorisation or product specifications of the importing Party.
6.

A sub-committee of the Joint Committee on Mutual Recognition will be established inparticular to monitor the progress of the preparatory work set out in paragraph 9 of this Sectoral
Annex and the operation of this Sectoral Annex. It will report to the Joint Committee on Mutual
Recognition.

- 10841084 -

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7. (a) The Parties will exchange information on, in particular:(i)

GMP for specific products or classes of products;(ii)

new technical guidance or inspection procedures;(iii) quality defects, batch recalls, counterfeiting and other problems concerning quality; and(iv) any suspension or withdrawal of a manufacturing authorisation.
(b) The Parties will agree detailed alert procedures through the sub-committee of the Joint
Committee on Mutual Recognition to fulfil specific objectives of this Sectoral Annex.
(c)Equivalence of GMP for specific products or classes of products will be coordinated according
to a procedure established by the sub-committee of the Joint Committee on Mutual
Recognition.

(d) Notwithstanding paragraph 6 of Article 8 of this Protocol, each Party shall provide the otherParty and the Joint Committee on Mutual Recognition with a list of the confirmed
manufacturing facilities at the frequency to be decided by the Joint Committee on Mutual
Recognition.
(e)Each Party will, upon reasoned request by the other Party, provide a copy of the most recent
inspection report on a confirmed facility within 30 days from the date of the request. If therequested Party conducts an additional inspection, that Party will provide a copy of the reportof such additional inspection to the requesting Party within 60 days from the date of therequest. If after the exchange of inspection reports there remains serious cause for concern on
whether a manufacturing facility in the other Party complies with GMP requirements, eachParty may request the other Party to conduct further inspections on that facility.

(f)

The Competent Authority of a Party will, upon request by an exporter, importer or theCompetent Authority of the other Party, confirm that a manufacturing facility in its territory:- 10851085 -

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(i)is appropriately authorised to manufacture medicinal products in accordance with its laws,
regulations and administrative provisions specified in Section I of Part B of this Sectoral
Annex;(ii) is regularly inspected by the Competent Authorities; and(iii) complies with its GMP requirements that are recognised by both Parties as equivalent.
8.

With regard to paragraph 2 of Article 5 of this Protocol, the exporting Party shall, in

accordance with its applicable laws, regulations and administrative provisions, inspect periodicallythe manufacturing facilities in order to ensure that the facilities fulfil its GMP requirements set out inthe laws, regulations and administrative provisions of that Party specified in Section I of Part B ofthis Sectoral Annex.
9.(a) With respect to medicinal products for which the equivalence of GMP requirements have notbeen confirmed, Articles 2, 4, 5, 7 and subparagraph 2(a) of Article 10 of this Protocol relating
to this Sectoral Annex and the provisions of this Sectoral Annex other than paragraph 6,
subparagraph 7(b) and this paragraph shall not be applied before the 30th day after the date ofexchange of diplomatic notes confirming to each other that the preparatory work is completed.
(b) Through the preparatory work, the Parties shall reconfirm the equivalence of GMP
requirements and their implementation through the Joint Committee on Mutual Recognition.
The Joint Committee on Mutual Recognition will decide the detailed procedures for
implementing this Sectoral Annex.

- 10861086 -

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PART BSECTION I: THE APPLICABLE LAWS, REGULATIONS AND ADMINISTRATIVEPROVISIONS STIPULATING MEDICINAL PRODUCTS, GMP REQUIREMENTS FOR
MEDICINAL PRODUCTS, VERIFICATION AND CONFIRMATIONTHE UNITED KINGDOMJAPANThe Human Medicines Regulations 2012 (SI 1.

Law concerning Securing Quality,

2012/1916) and amendments thereto

Efficacy and Safety of Products
including Pharmaceuticals and Medical
Devices (Law No. 145 of 1960) andamendments thereto
2.

Cabinet Order for Enforcement of the
Law concerning Securing Quality,
Efficacy and Safety of Products
including Pharmaceuticals and Medical
Devices (Cabinet Order No. 11 of
1961) and amendments thereto

3.

Regulation for Enforcement of the Law
concerning Securing Quality, Efficacy
and Safety of Products including
Pharmaceuticals and Medical Devices(Ministerial Ordinance of Ministry of
Health and Welfare No. 1 of 1961) andamendments thereto- 10871087 -

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THE UNITED KINGDOM

JAPAN
4.

The Notice on Pharmaceuticals
Designated by the Minister for Health,Labour and Welfare under theProvisions of Subparagraphs 6 and 7 of
Paragraph 1 of Article 20 of the
Cabinet Order for Enforcement of the
Law concerning Securing Quality,
Efficacy and Safety of Products
including Pharmaceuticals and Medical
Devices, and under the Provisions of
Subparagraphs 6 and 7 of Article 96 of
the Regulation for Enforcement of the
Law concerning Securing Quality,
Efficacy and Safety of Products
including Pharmaceuticals and Medical
Devices (Notice of Ministry of Health,Labour and Welfare No. 431 of 2004)
and amendments thereto

5.

Ordinance concerning Facilities andEquipments for Pharmacies Etc.
(Ministerial Ordinance of Ministry of
Health and Welfare No. 2 of 1961) andamendments thereto- 10881088 -

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THE UNITED KINGDOM

JAPAN
6.

Ministerial Ordinance concerning theStandard of Manufacturing Control andQuality Control for Drugs and Quasi
Drugs (Ministerial Ordinance ofMinistry of Health, Labour and Welfare
No. 179 of 2004) and amendments
thereto- 10891089 -

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SECTION II:COMPETENT AUTHORITIESTHE UNITED KINGDOMJAPANMedicines and Healthcare Products

Ministry of Health, Labour and Welfare or

Regulatory Agency or an authority

an authority succeeding it

succeeding it- 10901090 -

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1090

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