This Decision shall enter into force on the day of its adoption.

The texts of the Agreements are annexed to this Decision.

The conclusion by the Commission, on behalf of the European Atomic Energy Community, of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, including its provisions on provisional application, is hereby approved, as regards matters falling under the Treaty establishing the European Atomic Energy Community.

The conclusion by the Commission, on behalf of the European Atomic Energy Community, of the Agreement beween the Government of the United Kingdom of Great Britain and Northern Ireland and the European Atomic Energy Community for Cooperation on the Safe and Peaceful Uses of Nuclear Energy is hereby approved.

(6)The entry into application of the Trade and Cooperation Agreement is a matter of special urgency. The United Kingdom, as a former Member State, has extensive links with the Union in a wide range of economic and other areas. If there is no applicable framework regulating the relations between the Union and the United Kingdom after the transition period ending on 31 December 2020, those relations will be significantly disrupted, to the detriment of individuals, businesses and other stakeholders. Given the exceptional situation of the United Kingdom with regard to the Union, the urgency of the situation with the transition period ending on 31 December 2020, as well as the need to give sufficient time to the European Parliament and the Council to appropriately scrutinise the text of the Trade and Cooperation Agreement, that agreement should be applied on a provisional basis also as regards matters falling under the competence of the European Atomic Energy Community. Provisional application should be limited in time as set out in Article FINPROV.11(2) [Entry into force and provisional application] of the Trade and Cooperation Agreement.

(5)The conclusion, by the Commission, acting on behalf of the European Atomic Energy Community, of the Trade and Cooperation Agreement should be approved.

(4)The conclusion, by the Commission, of the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the European Atomic Energy Community for Cooperation on the Safe and Peaceful Uses of Nuclear Energy should be approved.

(3) It is recalled that draft bilateral agreements between a Member State of the Community and the United Kingdom within the purview of the Euratom Treaty, including agreements for the exchange of scientific or industrial information in the nuclear field, may be concluded provided that the conditions and the procedural requirements set out in Articles 29 and 103 of that Treaty are complied with.

(2)The Trade and Cooperation Agreement covers matters falling under competences of the European Atomic Energy Community (the ‘Community'), namely the association to the Research and Training programme of Euratom and to the European Joint Undertaking for ITER governed by the provisions of Part Five of the Trade and Cooperation Agreement [Participation in Union programmes, sound financial management and financial provisions]. The Trade and Cooperation Agreement should therefore also be concluded on behalf of the Community as regards matters falling under the Euratom Treaty. The signing and conclusion of the Trade and Cooperation Agreement on behalf of the European Union is subject to a separate procedure.

(1)On 25 February 2020, the Council authorised the European Commission to open negotiations with the United Kingdom for a new partnership agreement. Following negotiations, the Parties agreed at negotiators’ level a Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom, of the other part, (the ‘Trade and Cooperation Agreement’) and an Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the European Atomic Energy Community for Cooperation on the Safe and Peaceful Uses of Nuclear Energy.

Having regard to the recommendation from the European Commission,

Having regard to the Treaty establishing the European Atomic Energy Community (the ‘Euratom Treaty’), and in particular the second paragraph of Article 101 thereof,

approving the conclusion, by the European Commission, of the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the European Atomic Energy Community for Cooperation on the Safe and Peaceful Uses of Nuclear Energy and the conclusion, by the European Commission, on behalf of the European Atomic Energy Community, of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part

The Commission therefore recommends to the Council to approve, pursuant to the second paragraph of Article 101 of the Euratom Treaty, the Trade and Cooperation Agreement and the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the European Atomic Energy Community for Cooperation on the Safe and Peaceful Uses of Nuclear Energy, which is annexed to this Recommendation.

– will further strengthen the cooperation between the Parties on nuclear research, in particular on the development of fusion energy.

– will further strengthen the very good relations between the EU and the United Kingdom in the field of energy policy cooperation; and

– are in line with the Community's policy on energy security of supply;

– confirm the clear commitment of the two Parties in favour of non-proliferation and of continued high level of nuclear safety in order to guarantee the safe and peaceful uses of nuclear energy;

– are in conformity with the negotiating directives issued by the Council of 25 February 2020;

The Commission considers that both the Trade and Cooperation Agreement and the Euratom Agreement, the adoption of which is proposed:

The specificities of the participation of the United Kingdom as an associated third country to the Euratom Research Programme and the fusion activities carried out by Fusion for Energy, including the ITER activities, are detailed in a Protocol to the Part Five of the Trade and Cooperation Agreement.

Through the Trade and Cooperation Agreement, United Kingdom entities may participate in direct actions of the Joint Research Centre.

Through a Protocol to the Part Five of the Trade and Cooperation Agreement, the United Kingdom will participate as an associated third country in the Euratom Research Programme. The United Kingdom will also become member, as an associated third country, of Fusion for Energy. This association will be in accordance with the Council Decision of 27 March 2007 establishing Fusion for Energy, and its Statutes attached to it, as last amended or to be amended in the future, contributing to the future scientific and technological cooperation in the field of controlled nuclear fusion through the United Kingdom’s association to the Euratom Programme.

Specific provisions on the exchange of information and technical expertise Article 13, Intellectual Property (Article 14), administrative arrangements (Article 15) and implementation (Article 16) follow. In order to guarantee the smooth application and implementation of the Euratom Agreement, specific articles on applicable law (Article 17), Existing agreements (Article 18), Joint Committee (Article 19), consultation (Article 20), settlement of disputes (Article 21), cessation of cooperation in case of serious breach (Article 22), amendments (Article 23), entry into force and duration (Article 24) and on authentic texts (Article 25) are inserted.

The Euratom Agreement also contains provisions on cooperation on nuclear research and development, which may include participation of the United Kingdom as a third country in the Community’s research and training programmes and activities; and the United Kingdom’s membership of the European Joint Undertaking for ITER and the Development of Fusion Energy (Fusion for Energy) in accordance with the conditions laid out under the Trade and Cooperation Agreement (Article 12).

The Euratom Agreement further contains provisions on transfers, retransfers of nuclear items subject to the Agreement and facilitation of trade (Article 9). It also provides for an agreed framework in which both parties may perform enrichment and reprocessing activities (Article 10 and 11).

In its Article 8 the Euratom Agreement ensures that the UK continues to maintain an appropriate level of nuclear safety and that Euratom and the UK shall work together on the continuous improvement of international nuclear safety standards and Conventions, and of their implementation; it also provides for continued cooperation via the possible UK’s participation as a third country in various Community systems and groups, such as established Community systems for monitoring and exchanging information on levels of radioactivity in the environment (the European Community Urgent Radiological Information Exchange (ECURIE) and the European Radiological Data Exchange Platform (EURDEP) as well as in the European Nuclear Safety Regulators Group (ENSREG).

The Euratom Agreement further defines the items subject to this Agreement (Article 5). It is underlined that nuclear material shall be subject to specific safeguards provisions (for the Community: the Euratom safeguards pursuant to the Euratom Treaty and to the IAEA safeguards and its Additional Protocols; for the United Kingdom: the domestic safeguards system and to the IAEA safeguards and its Additional Protocols) (Article 6). The Euratom Agreement contains one article on physical protection (Article 7).

Article 2 provides definitions. The scope and forms of nuclear cooperation (Articles 3 and 4) mainly comprise transfers of nuclear material, non-nuclear material, equipment and technology; nuclear safeguards; physical protection; research and development in the field of nuclear energy, safe management of spent fuel and radioactive waste, including geological disposal; nuclear safety and radiation protection, including emergency preparedness and monitoring of levels of radioactivity in the environment; use of radioisotopes and radiation in agriculture, industry, medicine, and research; regulatory aspects of the peaceful uses of nuclear energy; exchange of information in areas of mutual interest, such as nuclear safeguards, nuclear safety, levels of radioactivity in the environment and supply of radioisotopes, etc.

Article 1 defines the objective of the Euratom Agreement, which is to provide a framework for cooperation between Euratom and the United Kingdom in the peaceful uses of nuclear energy on the basis of mutual benefit and reciprocity and without prejudice to the respective competences of each Party.

The Commission's draft text proposal for the Euratom Agreement consists of 25 Articles and one Annex.

The Euratom Agreement respects the autonomy of the Euratom and of the Union’s decision-making and their legal order, the integrity of its single market including the nuclear common market. The Euratom Agreement reflects the United Kingdom’s status as a third country that cannot have the same rights and enjoy the same benefits as a member of the European Union and of the Euratom Community. The Euratom Agreement is based on a governance framework that is typical for existing Euratom Nuclear Cooperation agreements.

The scope of the cooperation envisaged in the Euratom Agreement is comprehensive and in line with the Council negotiating directives of 25 February 2020. It includes areas of interest outlined in the Political Declaration.

The specific legal basis to negotiate and conclude the Euratom Agreement, as well as the Trade and Cooperation Agreement as regards matters falling under the competence of the European Atomic Energy Community, is Article 101 of the Treaty establishing the European Atomic Energy Community.

The Euratom Agreement complements the Trade and Cooperation Agreement and fully respects the Treaties and preserves the integrity and the autonomy of the Euratom Community and of the European Union legal orders. It promotes the values, objectives, and interests of the Euratom Community and of the European Union, and ensures the consistency, effectiveness and continuity of its policies and actions.

Nuclear research cooperation and, in particular, the association of the United Kingdom as a third country to the Euratom research programme and the activities of Fusion for Energy will allow the United Kingdom to continue sharing its expertise in the field of fission and fusion activities, including on ITER related activities. This association will be implemented through the Trade and Cooperation Agreement and its Protocols and will be instrumental for the development of the European nuclear research in which the United Kingdom was a major actor as a Member State of Euratom.

The novelty of this Euratom Agreement is that it contains broader and more ambitious provisions on cooperation on nuclear safety in line with the Political Declaration and on transfers of nuclear technologies in line with the negotiating directives.

The Euratom agreement is based on existing precedents in this field, i.e. currently there are eight existing Euratom Nuclear Cooperation Agreements with third countries (with the USA, Canada, Australia, Japan, Kazakhstan, Uzbekistan, Ukraine and Argentina).

The conclusion of the Euratom agreement will create a long-term and stable framework for both Parties and their governments and industrial operators, within which such co-operation could take place, as well as encourage and facilitate the co-operation in research and development in the field of nuclear energy on the basis of mutual benefit, equality and reciprocity.

For Euratom, the particular interest in concluding this Agreement stems from the fact that it ensures a continuous cooperation in nuclear safety, nuclear safeguards, nuclear research and development and allows for an appropriate level of safeguards, physical protection, and export control standards. The Euratom Agreement further facilitates nuclear trade between the Parties and with other third countries with which the Community has similar cooperation agreements. The Euratom Agreement also ensures that the principles of the nuclear common market under the Treaty establishing the European Atomic Energy Community (the “Euratom Treaty”) are applied to the items subject to the Agreement and requires that transfers of such items and the provision of relevant services be carried out under fair commercial conditions.

The Euratom Agreement confirms the clear commitment of the two Parties in favour of non-proliferation and a high level of nuclear safety in order to guarantee the safe and peaceful uses of nuclear energy. It is in line with the Community's policy on energy security of supply. With a view to continuing the overall co-operative relationship between Euratom and the United Kingdom, the importance of concluding this separate Euratom Agreement is mainly based on the mutual interest to establish a stable legal framework which would foster equal and reciprocal cooperation on the safe and peaceful uses of nuclear energy and facilitate the exchange of nuclear material, equipment and technologies, considering the fact that the United Kingdom plays an important role in the civil nuclear field and there is an important interrelationship between the Parties in this field.

Both the European Council guidelines of 23 March 2018 and the Political Declaration called for a close partnership between the Union and the United Kingdom in the future.

The entry into application of the Trade and Cooperation Agreement is a matter of special urgency. The United Kingdom, as a former Member State, has extensive links with the Union in a wide range of economic and other areas. If there is no applicable framework regulating the relations between the Union and the United Kingdom after 31 December 2020, those relations will be significantly disrupted, to the detriment of individuals, businesses and other stakeholders. The negotiations could only be finalised at a very late stage before the expiry of the transition period. Such late timing should not jeopardise democratic scrutiny to be exercised by the European Parliament in accordance with the Treaties. In light of these exceptional circumstances and for consistency with the separate procedure on the signing and provisional application of the Trade and Cooperation Agreement on behalf of the Union, the Commission recommends to apply the Agreement on a provisional basis also as regards matters falling under the competence of Euratom.

Following negotiations, the Parties agreed at negotiators’ level an Agreement for Cooperation on the Safe and Peaceful Uses of Nuclear Energy (the “Euratom Agreement”), as well as for a Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (the “Trade and Cooperation Agreement”).

The Commission conducted the negotiations within the framework set by the negotiating directives of 25 February 2020, in consultation with Coreper and the Working Party on the United Kingdom of the Council.

Such an Agreement will allow the United Kingdom and Euratom to set up cooperation in several areas in the nuclear field, including in the field of nuclear research. The Political Declaration underlined the United Kingdom’s interest to become associated to the Euratom research programme and the negotiating directives stated that the envisaged partnership should establish general principles, terms and conditions for the United Kingdom’s participation in and contribution to Union and Euratom programmes, subject to the conditions set out in the corresponding instruments. Considering that the United Kingdom has long-standing expertise in nuclear research, in particular in the field of fusion energy, and that Euratom is engaged internationally in developing this field, this association would benefit both Euratom and the United Kingdom. In particular, this association would allow the United Kingdom to participate as an associated third country to the Euratom Research Programme and in the European fusion activities, including ITER activities, through its membership, as a third country, to the European Joint Undertaking for ITER and the Development of Fusion Energy (Fusion for Energy).

In relation to civil nuclear, the negotiating directives, inter alia, state: ‘[t]he aim of the negotiations is to establish a new partnership between the Union, and Euratom where relevant, and the United Kingdom that is comprehensive and covers the areas of interest outlined in the Political Declaration […].’ and that ‘[r]ecognising the importance of nuclear safety, radiation protection and non-proliferation, the envisaged partnership should include provisions for wide-ranging cooperation between the Euratom and the United Kingdom on peaceful uses of nuclear energy’.

On 25 February 2020, the Council adopted the Decision (EU, Euratom) 2020/266 authorising the opening of negotiations with the United Kingdom of Great Britain and Northern Ireland for a new partnership agreement and the directives set out in the addendum to that Decision for the negotiation of a new partnership with the United Kingdom of Great Britain and Northern Ireland (‘negotiating directives’). The Commission was nominated as the Union negotiator.

Article 184 of the Withdrawal Agreement provides that the ‘Union and the United Kingdom shall use their best endeavours, in good faith and in full respect of their respective legal orders, to take the necessary steps to negotiate expeditiously the agreements governing their future relationship referred to in the Political Declaration of 17 October 2019 and to conduct the relevant procedures for the ratification or conclusion of those agreements, with a view to ensuring that those agreements apply, to the extent possible, as from the end of the transition period.’

The political declaration that accompanied the Withdrawal Agreement sets out the framework for the future relationship between the European Union and the United Kingdom (‘Political Declaration’). It establishes the parameters of ‘an ambitious, broad, deep and flexible partnership across trade and economic cooperation with a comprehensive and balanced Free Trade Agreement at its core, law enforcement and criminal justice, foreign policy, security and defence and wider areas of cooperation.’ In relation to the civil nuclear energy area, the Political declaration states: ‘[r]ecognising the importance of nuclear safety and non-proliferation, the future relationship should include a wide-ranging Nuclear Cooperation Agreement between the European Atomic Energy Community (Euratom) and the United Kingdom on peaceful uses of nuclear energy, underpinned by commitments to their existing high standards of nuclear safety.’ It further noted: ‘[..] the United Kingdom’s intention to be associated with the Euratom research and training programmes.’

In its guidelines of 23 March 2018, the European Council restated the Union’s determination to have as close as possible a partnership with the United Kingdom in the future. According to these guidelines, such a partnership should cover trade and economic cooperation as well as other areas. The European Council set those guidelines with a view to the overall understanding of the framework for the future relationship that was to be elaborated in a political declaration agreed between the Union and the United Kingdom accompanying and referred to in the Withdrawal Agreement.

Following the Council authorisation of 22 May 2017, the Commission negotiated an agreement with the United Kingdom setting out the arrangements for its withdrawal from the European Union and from the European Atomic Energy Community. On 30 January 2020, following the consent of the European Parliament, the Council adopted Decision (EU) 2020/135, regarding the conclusion, on behalf of the European Union and of the European Atomic Energy Community, of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (the ‘Withdrawal Agreement’). The Withdrawal Agreement entered into force on 1 February 2020 and provides for a transition period during which Union law applies to and in the United Kingdom in accordance with that agreement. That period will end on 31 December 2020.

On 29 March 2017, the United Kingdom of Great Britain and Northern Ireland (the ‘United Kingdom’) notified the European Council pursuant to Article 50 of the Treaty on European Union (‘TEU’) of its intention to withdraw from the European Union and from the European Atomic Energy Community (“Euratom” or the “Community”).

approving the conclusion, by the European Commission, of the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the European Atomic Energy Community for Cooperation on the Safe and Peaceful Uses of Nuclear Energy and the conclusion, by the European Commission, on behalf of the European Atomic Energy Community, of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part

EUROPEAN COMMISSION Brussels, 26.12.2020 COM(2020) 857 final/2 COM(2020) 857 final of 25.12.2020 downgraded on 26.12.2020. ANNEX

to the Recommendation for a Council Decision approving the conclusion, by the European Commission, of the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the European Atomic Energy Community for Cooperation on the Safe and Peaceful Uses of Nuclear Energy and the conclusion, by the European Commission, on behalf of the European Atomic Energy Community, of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part











TRADE AND COOPERATION AGREEMENT BETWEEN THE EUROPEAN UNION AND THE EUROPEAN ATOMIC ENERGY COMMUNITY, OF THE ONE PART, AND THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, OF THE OTHER PART



PREAMBLE PART ONE: COMMON AND INSTITUTIONAL PROVISIONS Title I: General provisions Title II: Principles of interpretation and definitions Title III: Institutional framework PART TWO: TRADE, TRANSPORT, FISHERIES AND OTHER ARRANGEMENTS

HEADING ONE: TRADE Title I: Trade in goods Title II: Services and investment Title III: Digital trade Title IV: Capital movements, payments, transfers and temporary safeguard measures Title V: Intellectual property Title VI: Public procurement Title VII: Small and medium-sized enterprises Title VIII: Energy Title IX: Transparency Title X: Good regulatory practices and regulatory cooperation Title XI: Level playing field for open and fair competition and sustainable development Title XII: Exceptions HEADING TWO: AVIATION Title I: Air transport Title II: Aviation safety HEADING THREE: ROAD TRANSPORT Title I: Transport of goods by road Title II: Transport of passengers by road HEADING FOUR: SOCIAL SECURITY COORDINATION AND VISAS FOR SHORT-TERM VISITS

Title I: Social security coordination Title II: Visas for short-term visits HEADING FIVE: FISHERIES HEADING SIX: OTHER PROVISIONS PART THREE: LAW ENFORCEMENT AND JUDICIAL COOPERATION IN CRIMINAL MATTERS Title I: General provisions Title II: Exchanges of DNA, fingerprints and vehicle registration data Title III: Transfer and processing of passenger name record data Title IV: Cooperation on operational information Title V: Cooperation with Europol Title VI: Cooperation with Eurojust Title VII: Surrender Title VIII: Mutual assistance Title IX: Exchange of criminal record information Title X: Anti-money laundering and counter terrorist financing Title XI: Freezing and confiscation Title XII: Other provisions Title XIII: Dispute settlement PART FOUR: THEMATIC COOPERATION Title I: Health security

Title II: Cyber security PART FIVE: PARTICIPATION IN UNION PROGRAMMES, SOUND FINANCIAL MANAGEMENT AND FINANCIAL PROVISIONS PART SIX: DISPUTE SETTLEMENT AND HORIZONTAL PROVISIONS Title I: Dispute settlement Title II: Basis for cooperation Title III: Fulfillment of obligations and safeguard measures PART SEVEN: FINAL PROVISIONS ANNEXES ANNEX INST: RULES OF PROCEDURE OF THE PARTNERSHIP COUNCIL AND COMMITTEES ANNEX ORIG-1: INTRODUCTORY NOTES TO PRODUCT-SPECIFIC RULES OF ORIGIN ANNEX ORIG-2: PRODUCT SPECIFIC RULES OF ORIGIN ANNEX ORIG-2A: ORIGIN QUOTAS AND ALTERNATIVES TO THE PRODUCT-SPECIFIC RULES OF ORIGIN IN ANNEX ORIG-2 [PRODUCT-SPECIFIC RULES OF ORIGIN] ANNEX ORIG-2B: TRANSITIONAL PRODUCT-SPECIFIC RULES FOR ELECTRIC ACCUMULATORS AND ELECTRIFIED VEHICLES ANNEX ORIG-3: SUPPLIER’S DECLARATION ANNEX ORIG-4: TEXT OF THE STATEMENT ON ORIGIN ANNEX ORIG-5: JOINT DECLARATION CONCERNING THE PRINCIPALITY OF ANDORRA ANNEX ORIG-6: JOINT DECLARATION CONCERNING THE REPUBLIC OF SAN MARINO ANNEX SPS-1: CRITERIA REFERRED TO IN ARTICLE SPS.19(d) ANNEX TBT-1: MOTOR VEHICLES AND EQUIPMENT AND PARTS THEREOF ANNEX TBT-2: Medicinal Products

ANNEX TBT-3: CHEMICALS ANNEX TBT-4: ORGANIC PRODUCTS ANNEX-TBT-5: TRADE IN WINE ANNEX TBT-XX – ARRANGEMENT REFERRED TO IN ARTICLE TBT.9(4) FOR THE REGULAR EXCHANGE OF INFORMATION IN RELATION TO THE SAFETY OF NON-FOOD PRODUCTS AND RELATED PREVENTIVE, RESTRICTIVE AND CORRECTIVE MEASURES ANNEX TBT-ZZ – ARRANGEMENT REFERRED TO IN ARTICLE TBT.9(5) FOR THE REGULAR EXCHANGE OF INFORMATION REGARDING MEASURES TAKEN ON NON-COMPLIANT NON-FOOD PRODUCTS, OTHER THAN THOSE COVERED BY ARTICLE TBT.9(4) ANNEX CUSTMS-1: AUTHORISED ECONOMIC OPERATORS ANNEX SERVIN-1: EXISTING MEASURES ANNEX SERVIN-2: FUTURE MEASURES ANNEX SERVIN-3: BUSINESS VISITORS FOR ESTABLISHMENT PURPOSES, INTRA-CORPORATE TRANSFEREES AND SHORT-TERM BUSINESS VISITORS ANNEX SERVIN-4: CONTRACTUAL SERVICE SUPPLIERS AND INDEPENDENT PROFESSIONALS ANNEX SERVIN-5: MOVEMENT OF NATURAL PERSONS ANNEX SERVIN-6: GUIDELINES FOR ARRANGEMENTS ON THE RECOGNITION OF PROFESSIONAL QUALIFICATIONS ANNEX PPROC-1: PUBLIC PROCUREMENT ANNEX ENER-1: LISTS OF ENERGY GOODS, HYDROCARBONS AND RAW MATERIALS ANNEX ENER-2: ENERGY AND ENVIRONMENTAL SUBSIDIES ANNEX ENER-3: NON-APPLICATION OF THIRD-PARTY ACCESS AND OWNERSHIP UNBUNDLING TO INFRASTRUCTURE ANNEX ENER-4: ALLOCATION OF ELECTRICITY INTERCONNECTOR CAPACITY AT THE DAY-AHEAD MARKET TIMEFRAME ANNEX AVSAF-1: AIRWORTHINESS AND ENVIRONMENT CERTIFICATION ANNEX ROAD-1: TRANSPORT OF GOODS BY ROAD ANNEX ROAD-2: Model of authorisation for an international regular and special regular service

ANNEX ROAD-3: MODEL OF APPLICATION FOR AN AUTHORISATION FOR AN INTERNATIONAL REGULAR AND SPECIAL REGULAR SERVICE ANNEX ROAD-4: MODEL OF JOURNEY FORM FOR OCCASIONAL SERVICES ANNEX FISH.1 ANNEX FISH.2 ANNEX FISH.3 ANNEX FISH.4: PROTOCOL ON ACCESS TO WATERS ANNEX LAW-1: EXCHANGES OF DNA, FINGERPRINTS AND VEHICLE REGISTRATION DATA ANNEX LAW-2: PASSENGER NAME RECORD DATA ANNEX LAW-3: FORMS OF CRIME FOR WHICH EUROPOL IS COMPETENT ANNEX LAW-4: Forms of serious crime for which Eurojust is competent ANNEX LAW-5: ARREST WARRANT ANNEX LAW-6: Exchange of criminal record information – technical and procedural specifications ANNEX LAW-7: Definition of terrorism ANNEX LAW-8: Freezing and Confiscation ANNEX UNPRO-1: IMPLEMENTATION OF THE FINANCIAL CONDITIONS ANNEX INST: RULES OF PROCEDURE FOR DISPUTE SETTLEMENT ANNEX INST: CODE OF CONDUCT FOR ARBITRATORS PROTOCOL ON ADMINISTRATIVE COOPERATION AND COMBATING FRAUD IN THE FIELD OF VALUE ADDED TAX AND ON MUTUAL ASSISTANCE FOR THE RECOVERY OF CLAIMS RELATING TO TAXES AND DUTIES TITLE I: GENERAL PROVISIONS TITLE II: ADMINISTRATIVE COOPERATION AND COMBATING VAT FRAUD

TITLE III: RECOVERY ASSISTANCE TITLE IV: IMPLEMENTATION AND APPLICATION TITLE V: FINAL PROVISIONS ANNEX TO THE PROTOCOL ON ADMINISTRATIVE COOPERATION AND COMBATING FRAUD IN THE FIELD OF VALUE ADDED TAX AND ON MUTUAL ASSISTANCE FOR THE RECOVERY OF CLAIMS RELATING TO TAXES AND DUTIES PROTOCOL ON MUTUAL ADMINISTRATIVE ASSISTANCE IN CUSTOMS MATTERS PROTOCOL ON SOCIAL SECURITY COORDINATION TITLE I: GENERAL PROVISIONS TITLE II: DETERMINATION OF THE LEGISLATION APPLICABLE TITLE III: SPECIAL PROVISIONS CONCERNING THE VARIOUS CATEGORIES OF BENEFITS TITLE IV: MISCELLANEOUS PROVISIONS TITLE V: FINAL PROVISIONS ANNEX SSC-1: CERTAIN BENEFITS IN CASH TO WHICH THE PROTOCOL SHALL NOT APPLY ANNEX SSC-2: RESTRICTION OF RIGHTS TO BENEFITS IN KIND FOR MEMBERS OF THE FAMILY OF A FRONTIER WORKER ANNEX SSC-3: MORE RIGHTS FOR PENSIONERS RETURNING TO THE COMPETENT STATE ANNEX SSC-4: CASES IN WHICH THE PRO RATA CALCULATION SHALL BE WAIVED OR SHALL NOT APPLY ANNEX SSC-5: BENEFITS AND AGREEMENTS WHICH ALLOW THE APPLICATION OF ARTICLE SSC.49 [Overlapping of benefits of the same kind] ANNEX SSC-6: SPECIAL PROVISIONS FOR THE APPLICATION OF THE LEGISLATION OF THE MEMBER STATES AND OF THE UNITED KINGDOM ANNEX SSC-7: IMPLEMENTING PART ANNEX SSC-8: TRANSITIONAL PROVISIONS REGARDING THE APPLICATION OF ARTICLE SSC.11 [Detached workers]





TRADE AND COOPERATION AGREEMENT BETWEEN THE EUROPEAN UNION AND THE EUROPEAN ATOMIC ENERGY COMMUNITY, OF THE ONE PART, AND THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, OF THE OTHER PART PREAMBLE THE EUROPEAN UNION AND THE EUROPEAN ATOMIC ENERGY COMMUNITY AND THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, REAFFIRMING their commitment to democratic principles, to the rule of law, to human rights, to countering proliferation of weapons of mass destruction and to the fight against climate change, which constitute essential elements of this and supplementing agreements, RECOGNISING the importance of global cooperation to address issues of shared interest, RECOGNISING the importance of transparency in international trade and investment to the benefit of all stakeholders, SEEKING to establish clear and mutually advantageous rules governing trade and investment between the Parties, CONSIDERING that in order to guarantee the efficient management and correct interpretation and application of this Agreement and any supplementing agreement as well as compliance with the obligations under those agreements, it is essential to establish provisions ensuring overall governance, in particular dispute settlement and enforcement rules that fully respect the autonomy of the respective legal orders of the Union and of the United Kingdom, as well as the United Kingdom’s status as a country outside the European Union, BUILDING upon their respective rights and obligations under the Marrakesh Agreement Establishing the World Trade Organization, done on 15 April 1994, and other multilateral and bilateral instruments of cooperation, RECOGNISING the Parties’ respective autonomy and rights to regulate within their territories in order to achieve legitimate public policy objectives such as the protection and promotion of public health, social services, public education, safety, the environment including climate change, public morals, social or consumer protection, animal welfare, privacy and data protection and the promotion and protection of cultural diversity, while striving to improve their respective high levels of protection, BELIEVING in the benefits of a predictable commercial environment that fosters trade and investment between them and prevents distortion of trade and unfair competitive advantages, in a manner conducive to sustainable development in its economic, social and environmental dimensions, RECOGNISING the need for an ambitious, wide-ranging and balanced economic partnership to be underpinned by a level playing field for open and fair competition and sustainable development, through effective and robust frameworks for subsidies and competition and a commitment to uphold their respective high levels of protection in the areas of labour and social standards, environment, the fight against climate change, and taxation, RECOGNISING the need to ensure an open and secure market for businesses, including medium-sized enterprises, and their goods and services through addressing unjustified barriers to trade and investment, NOTING the importance of facilitating new opportunities for businesses and consumers through digital trade, and addressing unjustified barriers to data flows and trade enabled by electronic means, whilst respecting the Parties' personal data protection rules, DESIRING that this Agreement contributes to consumer welfare through policies ensuring a high level of consumer protection and economic well-being, as well as encouraging cooperation between relevant authorities,

CONSIDERING the importance of cross-border connectivity by air, by road and by sea, for passengers and for goods, and the need to ensure high standards in the provision of transportation services between the Parties, RECOGNISING the benefits of trade and investment in energy and raw materials and the importance of supporting the delivery of cost efficient, clean and secure energy supplies to the Union and the United Kingdom, NOTING the interest of the Parties in establishing a framework to facilitate technical cooperation and develop new trading arrangements for interconnectors which deliver robust and efficient outcomes for all timeframes, NOTING that cooperation and trade between the Parties in these areas should be based on fair competition in energy markets and non-discriminatory access to networks, RECOGNISING the benefits of sustainable energy, renewable energy, in particular offshore generation in the North Sea, and energy efficiency, DESIRING to promote the peaceful use of the waters adjacent to their coasts and the optimum and equitable utilisation of the marine living resources in those waters including the continued sustainable management of the shared stocks, NOTING that, the United Kingdom withdrew from the European Union and that with effect from 1 January 2021, the United Kingdom is an independent coastal State with corresponding rights and obligations under international law, AFFIRMING that the sovereign rights of the coastal States exercised by the Parties for the purpose of exploring, exploiting, conserving and managing the living resources in their waters should be conducted pursuant to and in accordance with the principles of international law, including the United Nations Convention on the Law of the Sea of 10 December 1982, RECOGNISING the importance of the coordination of social security rights enjoyed by persons moving between the Parties to work, to stay or to reside, as well as the rights enjoyed by their family members and survivors, CONSIDERING that cooperation in areas of shared interest, such as science, research and innovation, nuclear research or space, in the form of the participation of the United Kingdom in the corresponding Union programmes under fair and appropriate conditions will benefit both Parties, CONSIDERING that cooperation between the United Kingdom and the Union relating to the prevention, investigation, detection or prosecution of criminal offences and to the execution of criminal penalties, including the safeguarding against and prevention of threats to public security, will enable the security of the United Kingdom and the Union to be strengthened, DESIRING that an agreement is concluded between the United Kingdom and the Union to provide a legal base for such cooperation, ACKNOWLEDGING that the Parties may supplement this Agreement with other agreements forming an integral part of their overall bilateral relations as governed by this Agreement and that the Agreement on Security Procedures for Exchanging and Protecting Classified Information is concluded as such a supplementing agreement, and enables the exchange of classified information between the Parties under this Agreement or any other supplementing agreement, HAVE AGREED AS FOLLOWS:



PART ONE: COMMON AND INSTITUTIONAL PROVISIONS Title I: General provisions

Article COMPROV.1: Purpose This Agreement establishes the basis for a broad relationship between the Parties, within an area of prosperity and good neighbourliness characterised by close and peaceful relations based on cooperation, respectful of the Parties’ autonomy and sovereignty. Article COMPROV.2: Supplementing agreements 1. Where the Union and the United Kingdom conclude other bilateral agreements between them, such agreements shall constitute supplementing agreements to this Agreement, unless otherwise provided for in those agreements. Such supplementing agreements shall be an integral part of the overall bilateral relations as governed by this Agreement and shall form part of the overall framework. 2. Paragraph 1 also applies to: (a)agreements between the Union and its Member States, of the one part, and the United Kingdom, of the other part; and (b)agreements between Euratom, of the one part, and the United Kingdom, of the other part. Article COMPROV.3: Good faith 1. The Parties shall, in full mutual respect and good faith, assist each other in carrying out tasks that flow from this Agreement and any supplementing agreement. 2. They shall take all appropriate measures, whether general or particular, to ensure the fulfilment of the obligations arising from this Agreement and from any supplementing agreement, and shall refrain from any measures which could jeopardise the attainment of the objectives of this Agreement or any supplementing agreement. Title II: Principles of interpretation and definitions Article COMPROV.13: Public international law 1. The provisions of this Agreement and any supplementing agreement shall be interpreted in good faith in accordance with their ordinary meaning in their context and in light of the object and purpose of the agreement 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. 2. For greater certainty, neither this Agreement nor any supplementing agreement establishes an obligation to interpret their provisions in accordance with the domestic law of either Party. 3. For greater certainty, an interpretation of this Agreement or any supplementing agreement given by the courts of either Party shall not be binding on the courts of the other Party. Article COMPROV.16: Private rights 1. Without prejudice to Article MOBI.SSC.67 [Protection of individual rights] and with the exception, with regard to the Union, of Part Three [Law enforcement and judicial cooperation ], nothing in this Agreement or any supplementing agreement shall be construed as conferring rights or imposing obligations on persons other than those created between the Parties under public international law, nor as permitting this Agreement or any supplementing agreement to be directly invoked in the domestic legal systems of the Parties. 2. A Party shall not provide for a right of action under its law against the other Party on the ground that the other Party has acted in breach of this Agreement or any supplementing agreement. Article COMPROV.17: Definitions 1. For the purposes of this Agreement and any supplementing agreement, and unless otherwise specified, the following definitions apply:

(a)“data subject” means an identified or identifiable natural person; an identifiable person being a person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data or an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person; (b)“day” means a calendar day; (c)“Member State” means a Member State of the European Union; (d)“personal data” means any information relating to a data subject; (e)“State” means a Member State or the United Kingdom, as the context requires; (f)“territory” of a Party means in respect of each Party the territories to which the Agreement applies in accordance with Article FINPROV.1 [Territorial scope]; (g)“the transition period” means the transition period provided for in Article 126 of the Withdrawal Agreement; and (h)“Withdrawal Agreement” means the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, including its Protocols. 2. Any reference to the “Union”, “Party” or “Parties” in this Agreement or any supplementing agreement shall be understood as not including the European Atomic Energy Community, unless otherwise specified or where the context otherwise requires. Title III: Institutional framework Article INST.1: Partnership Council 1. A Partnership Council is hereby established. It shall comprise representatives of the Union and of the United Kingdom. The Partnership Council may meet in different configurations depending on the matters under discussion. 2. The Partnership Council shall be co-chaired by a Member of the European Commission and a representative of the Government of the United Kingdom at ministerial level. It shall meet at the request of the Union or the United Kingdom, and, in any event, at least once a year, and shall set its meeting schedule and its agenda by mutual consent. 3. The Partnership Council shall oversee the attainment of the objectives of this Agreement and any supplementing agreement. It shall supervise and facilitate the implementation and application of this Agreement and of any supplementing agreement. Each Party may refer to the Partnership Council any issue relating to the implementation, application and interpretation of this Agreement or of any supplementing agreement. 4. The Partnership Council shall have the power to: (a)adopt decisions in respect of all matters where this Agreement or any supplementing agreement so provides; (b)make recommendations to the Parties regarding the implementation and application of this Agreement or of any supplementing agreement; (c)adopt, by decision, amendments to this Agreement or to any supplementing agreement in the cases provided for in this Agreement or in any supplementing agreement; (d)except in relation to Title III [Institutional Framework] of Part One [Common and institutional provisions], until the end of the fourth year following the entry into force of this Agreement, adopt decisions amending this Agreement or any supplementing agreement, provided that such amendments are necessary to correct errors, or to address omissions or other deficiencies; (e)discuss any matter related to the areas covered by this Agreement or by any supplementing agreement;

(f)delegate certain of its powers to the Trade Partnership Committee or to a Specialised Committee, except those powers and responsibilities referred to in point (g) of Article INST.1(4) [Partnership Council]; (g)by decision, establish Trade Specialised Committees and Specialised Committees, other than those referred to in Article INST.2(1) [Committees], dissolve any Trade Specialised Committee or Specialised Committee, or change the tasks assigned to them; and (h)make recommendations to the Parties regarding the transfer of personal data in specific areas covered by this Agreement or any supplementing agreement. 5. The work of the Partnership Council shall be governed by the rules of procedure set out in ANNEX INST-1 [Rules of Procedure of the Partnership Council and Committees]. The Partnership Council may amend that Annex. Article INST.2: Committees 1. The following Committees are hereby established: (a)the Trade Partnership Committee, which addresses matters covered by Titles I to VII, Chapter 4 [Energy goods and raw materials] of Title VIII, Titles IX to XII of Heading One [Trade] of Part Two, Heading Six [Other provisions] of Part Two, and Annex ENER-2 [ENERGY AND ENVIRONMENTAL SUBSIDIES]; (b)the Trade Specialised Committee on Goods which addresses matters covered by Chapter 1 of Title I of Heading One of Part Two and Chapter four [Energy goods and raw materials] of Title VIII of Heading One of Part Two; (c)the Trade Specialised Committee on Customs Cooperation and Rules of Origin, which addresses matters covered by Chapters 2 and 5 of Title I of Heading One of Part Two, the Protocol on mutual administrative assistance in customs matters and the provisions on customs enforcement of intellectual property rights, fees and charges, customs valuation and repaired goods; (d)the Trade Specialised Committee on Sanitary and Phytosanitary Measures, which addresses matters covered by Chapter 3 of Title I of Heading One of Part Two; (e)the Trade Specialised Committee on Technical Barriers to Trade, which addresses matters covered by Chapter 4 of Title I of Heading One of Part Two and Article ENER.25 [Cooperation on standards] of Title VIII [Energy] of Heading One of Part Two; (f)the Trade Specialised Committee on Services, Investment and Digital Trade, which addresses matters covered by Titles II to IV of Heading One of Part Two and Chapter 4 [Energy Goods and Raw Materials] of Title VIII of Heading One of Part Two; (g)the Trade Specialised Committee on Intellectual Property, which addresses matters covered by Title V of Heading One of Part Two; (h)the Trade Specialised Committee on Public Procurement, which addresses matters covered by Title VI of Heading One of Part Two; (i)the Trade Specialised Committee on Regulatory Cooperation, which addresses matters covered by Title X of Heading One of Part Two; (j)the Trade Specialised Committee on Level Playing Field for Open and Fair Competition and Sustainable Development, which addresses matters covered by Title XI of Heading One of Part Two and Annex ENER-2 [ENERGY AND ENVIRONMENTAL SUBSIDIES]; (k)the Trade Specialised Committee on Administrative Cooperation in VAT and Recovery of Taxes and Duties, which addresses matters covered by the Protocol on administrative cooperation and combating fraud in the field of Value Added Tax and on mutual assistance for the recovery of claims relating to taxes and duties;] (l)the Specialised Committee on Energy, (I)which addresses matters covered by Title VIII of Heading One of Part Two, with the exception of Chapter 4 [Energy Goods and Raw Materials], Article ENER.25 [Cooperation on Standards] and Annex ENER-2 [ENERGY AND ENVIRONMENTAL SUBSIDIES], and

(II)which can discuss and provide expertise to the relevant Trade Specialised Committee on matters pertaining to Chapter four [Energy Goods and Raw Materials] and Article ENER.25 [Cooperation on Standards] of Title VIII of Heading One of Part Two; (m)the Specialised Committee on Air Transport, which addresses matters covered by Title I of Heading Two of Part Two; (n)the Specialised Committee on Aviation Safety, which addresses matters covered by Title II of Heading Two of Part Two; (o)the Specialised Committee on Road Transport, which addresses matters covered by Heading Three [Road Transport] of Part Two; (p)the Specialised Committee on Social Security Coordination, which addresses matters covered by Heading Four of Part Two and the Protocol on Social Security Coordination; (q)the Specialised Committee on Fisheries, which addresses matters covered by Heading Five [Fisheries] of Part Two; (r)the Specialised Committee on Law Enforcement and Judicial Cooperation, which addresses matters covered by Part Three [Law enforcement and judicial cooperation in criminal matters]; and (s)the Specialised Committee on Participation in Union Programmes, which addresses matters covered by Part Five [Union programmes]. 2. With respect to issues related to Titles I to VII, Chapter 4 [Energy goods and raw materials] of Title VIII, Titles IX to XII of Heading One [Trade] of Part Two, Heading Six [Other provisions] of Part Two and Annex ENER-2 [ENERGY AND ENVIRONMENTAL SUBSIDIES], the Trade Partnership Committee referred to in paragraph 1 of this Article shall have the power to: (a)assist the Partnership Council in the performance of its tasks and, in particular, report to the Partnership Council and carry out any task assigned to it by the latter; (b)supervise the implementation of this Agreement or any supplementing agreement; (c)adopt decisions or make recommendations as provided for in this Agreement or any supplementing agreement or where such power has been delegated to it by the Partnership Council; (d)supervise the work of the Trade Specialised Committees referred to in paragraph 1 of this Article; (e)explore the most appropriate way to prevent or solve any difficulty that may arise in relation to the interpretation and application of this Agreement or any supplementing agreement, without prejudice to Title I [Dispute settlement] of Part Six ; (f)exercise the powers delegated to it by the Partnership Council pursuant to point (f) of Article INST.1(4) [Partnership Council]; (g)establish, by decision, Trade Specialised Committees other than those referred to in paragraph 1 of this Article, dissolve any such Trade Specialised Committee, or change the tasks assigned to them; and (h)establish, supervise, coordinate and dissolve Working Groups, or delegate their supervision to a Trade Specialised Committee. 3. With respect to issues related to their area of competence, Trade Specialised Committees shall have the power to: (a)monitor and review the implementation and ensure the proper functioning of this Agreement or any supplementing agreement; (b)assist the Trade Partnership Committee in the performance of its tasks and, in particular, report to the Trade Partnership Committee and carry out any task assigned to them by it;

(c)conduct the preparatory technical work necessary to support the functions of the Partnership Council and the Trade Partnership Committee, including when those bodies have to adopt decisions or recommendations; (d)adopt decisions in respect of all matters where this Agreement or any supplementing agreement so provides; (e)discuss technical issues arising from the implementation of this Agreement or of any supplementing agreement, without prejudice to Title I [Dispute Settlement] of Part Six; and (f)provide a forum for the Parties to exchange information, discuss best practices and share implementation experience. 4. With respect to issues related to their area of competence, Specialised Committees shall have the power to: (a)monitor and review the implementation and ensure the proper functioning of this Agreement or any supplementing agreement; (b)assist the Partnership Council in the performance of its tasks and, in particular, report to the Partnership Council and carry out any task assigned to them by it; (c)adopt decisions, including amendments, and recommendations in respect of all matters where this Agreement or any supplementing agreement so provides or for which the Partnership Council has delegated its powers to a Specialised Committee in accordance with point (f) of Article INST.1(4) [Partnership Council]; (d)discuss technical issues arising from the implementation of this Agreement or any supplementing agreement; (e)provide a forum for the Parties to exchange information, discuss best practices and share implementation experience; (f)establish, supervise, coordinate and dissolve Working Groups; and (g)provide a forum for consultation pursuant to Article INST.13(7) [Consultations] of Title I [Dispute Settlement] of Part Six. 5. Committees shall comprise representatives of each Party. Each Party shall ensure that its representatives on the Committees have the appropriate expertise with respect to the issues under discussion. 6. The Trade Partnership Committee shall be co-chaired by a senior representative of the Union and a representative of the United Kingdom with responsibility for trade-related matters, or their designees. It shall meet at the request of the Union or the United Kingdom, and, in any event, at least once a year, and shall set its meeting schedule and its agenda by mutual consent. 7. The Trade Specialised Committees and the Specialised Committees shall be co-chaired by a representative of the Union and a representative of the United Kingdom. Unless otherwise provided for in this Agreement, or unless the co-chairs decide otherwise, they shall meet at least once a year. 8. Committees shall set their meeting schedule and agenda by mutual consent. 9. The work of the Committees shall be governed by the rules of procedure set out in ANNEX INST-X [Rules of Procedure of the Partnership Council and Committees]. 10. By derogation from paragraph 9, a Committee may adopt and subsequently amend its own rules that shall govern its work. Article INST.3: Working Groups 1. The following Working Groups are hereby established:

(a) the Working Group on Organic Products, under the supervision of the Trade Specialised Committee on Technical Barriers to Trade; (b) the Working Group on Motor Vehicles and Parts, under the supervision of the Trade Specialised Committee on Technical Barriers to Trade; (c) the Working Group on Medicinal Products, under the supervision of the Trade Specialised Committee on Technical Barriers to Trade; (d) the Working Group on Social Security Coordination, under the supervision of the Specialised Committee on Social Security Coordination; 2. Working Groups shall, under the supervision of Committees, assist Committees in the performance of their tasks and, in particular, prepare the work of Committees and carry out any task assigned to them by the latter. 3. Working Groups shall comprise representatives of the Union and of the United Kingdom and shall be co-chaired by a representative of the Union and a representative of the United Kingdom. 4. Working Groups shall set their own rules of procedure, meeting schedule and agenda by mutual consent. Article INST.4: Decisions and recommendations 1. The decisions adopted by the Partnership Council, or, as the case may be, by a Committee, shall be binding on the Parties and on all the bodies set up under this Agreement and under any supplementing agreement, including the arbitration tribunal referred to in Title I [Dispute settlement] of Part Six. Recommendations shall have no binding force. 2. The Partnership Council or, as the case may be, a Committee, shall adopt decisions and make recommendations by mutual consent. Article INST.5: Parliamentary cooperation 1. The European Parliament and the Parliament of the United Kingdom may establish a Parliamentary Partnership Assembly consisting of Members of the European Parliament and of Members of the Parliament of the United Kingdom, as a forum to exchange views on the partnership. 2. Upon its establishment, the Parliamentary Partnership Assembly: (a)may request relevant information regarding the implementation of this Agreement and any supplementing agreement from the Partnership Council, which shall then supply that Assembly with the requested information; (b)shall be informed of the decisions and recommendations of the Partnership Council; and (c)may make recommendations to the Partnership Council. Article INST.6: Participation of civil society The Parties shall consult civil society on the implementation of this Agreement and any supplementing agreement, in particular through interaction with the domestic advisory groups and the Civil Society Forum referred to in Articles INST.7 [Domestic advisory groups] and INST.8 [Civil Society Forum]. Article INST.7: Domestic advisory groups 1. Each Party shall consult on issues covered by this Agreement and any supplementing agreement its newly created or existing domestic advisory group or groups comprising a representation of independent civil society organisations including non-governmental organisations, business and employers' organisations, as well as trade unions, active in economic, sustainable development, social, human rights, environmental and other matters. Each Party may convene its domestic advisory group or groups in different configurations to discuss the implementation of different provisions of this Agreement or of any supplementing agreement.

2. Each Party shall consider views or recommendations submitted by its domestic advisory group or groups. Representatives of each Party shall aim to consult with their respective domestic advisory group or groups at least once a year. Meetings may be held by virtual means. 3. In order to promote public awareness of the domestic advisory groups, each Party shall endeavour to publish the list of organisations participating in its domestic advisory group or groups as well as the contact point for that or those groups. 4. The Parties shall promote interaction between their respective domestic advisory groups, including by exchanging where possible the contact details of members of their domestic advisory groups. Article INST.8: Civil Society Forum 1. The Parties shall facilitate the organisation of a Civil Society Forum to conduct a dialogue on the implementation of Part Two of this Agreement. The Partnership Council shall adopt operational guidelines for the conduct of the Forum. 2. The Civil Society Forum shall meet at least once a year, unless otherwise agreed by the Parties. The Civil Society Forum may meet by virtual means. 3. The Civil Society Forum shall be open for the participation of independent civil society organisations established in the territories of the Parties, including members of the domestic advisory groups referred to in Article INST.7 [Domestic advisory groups]. Each Party shall promote a balanced representation, including non-governmental organisations, business and employers´ organisations and trade unions, active in economic, sustainable development, social, human rights, environmental and other matters.



PART TWO: TRADE, TRANSPORT, FISHERIES AND OTHER ARRANGEMENTS HEADING ONE: TRADE Title I: Trade in goods Chapter 1: National treatment and market access for goods (including trade remedies) Article GOODS.1: Objective The objective of this Chapter is to facilitate trade in goods between the Parties and to maintain liberalised trade in goods in accordance with the provisions of this Agreement. Article GOODS.2: Scope Except as otherwise provided, this Chapter applies to trade in goods of a Party. Article GOODS.3: Definitions For the purposes of this Chapter, the following definitions apply: (a)“consular transactions” means the procedure of obtaining from a consul of the importing Party in the territory of the exporting Party, or in the territory of a third party, a consular invoice or a consular visa for a commercial invoice, certificate of origin, manifest, shipper’s export declaration or any other customs documentation in connection with the importation of the good;

(b)“Customs Valuation Agreement” means the Agreement on Implementation of Article VII of GATT 1994; (c)“export licensing procedure” means an administrative procedure, whether or not referred to as licensing, used by a Party for the operation of export licensing regimes, requiring the submission of an application or other documentation, other than that generally required for customs clearance purposes, to the relevant administrative body as a prior condition for exportation from that Party; (d)“import licensing procedure” means an administrative procedure, whether or not referred to as licensing, used by a Party for the operation of import licensing regimes, requiring the submission of an application or other documentation, other than that generally required for customs clearance purposes, to the relevant administrative body or bodies as a prior condition for importation into the territory of the importing Party; (e)“originating goods” means, unless otherwise provided, a good qualifying under the rules of origin set out in Chapter 2 [Rules of origin] of this Title; (f)“performance requirement” means a requirement that: (I)a given quantity, value or percentage of goods be exported; (II)goods of the Party granting an import licence be substituted for imported goods; (III)a person benefiting from an import licence purchase other goods in the territory of the Party granting the import licence, or accord a preference to domestically produced goods; (IV)a person benefiting from an import licence produce goods in the territory of the Party granting the import licence, with a given quantity, value or percentage of domestic content; or (V)relates in whatever form to the volume or value of imports, to the volume or value of exports or to the amount of foreign exchange flows; (g)“remanufactured good” means a good classified in HS Chapters 32, 40, 84 to 90, 94 or 95 that: (I)is entirely or partially composed of parts obtained from used goods; (II)has similar life expectancy and performance compared with such goods, when new; and (III)is given an equivalent warranty to as that applicable to such goods when new; and (h)“repair” means any processing operation undertaken on a good to remedy operating defects or material damage and entailing the re-establishment of the good to its original function or to ensure compliance with technical requirements for its use. Repair of a good includes restoration and maintenance, with a possible increase in the value of the good from restoring the original functionality of that good, but does not include an operation or process that: (I)destroys the essential characteristics of a good, or creates a new or commercially different good; (II)transforms an unfinished good into a finished good; or (III)is used to improve or upgrade the technical performance of a good. Article GOODS.3A: Classification of goods The classification of goods in trade between the Parties under this Agreement is set out in each Party’s respective tariff nomenclature in conformity with the Harmonised System.

Article GOODS.4: National treatment on internal taxation and regulation Each Party shall accord national treatment to the goods of the other Party in accordance with Article III of GATT 1994 including its Notes and Supplementary Provisions. To this end, Article III of GATT 1994 and its Notes and Supplementary Provisions are incorporated into and made part of this Agreement, mutatis mutandis. Article GOODS.4A: Freedom of transit Each Party shall accord freedom of transit through its territory, via the routes most convenient for international transit, for traffic in transit to or from the territory of the other Party or of any other third country. To this end, Article V of GATT 1994 and its Notes and Supplementary Provisions are incorporated into and made part of this Agreement, mutatis mutandis. The Parties understand that Article V of GATT 1994 includes the movement of energy goods via inter alia pipelines or electricity grids. Article GOODS.5: Prohibition of customs duties Except as otherwise provided for in this Agreement, customs duties on all goods originating in the other Party shall be prohibited. Article GOODS.6: Export duties, taxes or other charges 1.A Party may not adopt or maintain any duty, tax or other charge of any kind imposed on, or in connection with, the exportation of a good to the other Party; or any internal tax or other charge on a good exported to the other Party that is in excess of the tax or charge that would be imposed on like goods when destined for domestic consumption. 2.For the purpose of this Article, the term ‘other charge of any kind’ does not include fees or other charges that are permitted under Article GOODS.7 [Fees and formalities]. Article GOODS.7: Fees and formalities 1.Fees and other charges imposed by a Party on or in connection with importation or exportation of a good of the other Party shall be limited in amount to the approximate cost of the services rendered, and shall not represent an indirect protection to domestic goods or taxation of imports or exports for fiscal purposes. A Party shall not levy fees or other charges on or in connection with importation or exportation on an ad valorem basis. 2.Each Party may impose charges or recover costs only where specific services are rendered, in particular, but not limited to, the following: (a)attendance, where requested, by customs staff outside official office hours or at premises other than customs premises; (b)analyses or expert reports on goods and postal fees for the return of goods to an applicant, particularly in respect of decisions relating to binding information or the provision of information concerning the application of the customs laws and regulations; (c)the examination or sampling of goods for verification purposes, or the destruction of goods, where costs other than the cost of using customs staff are involved; and (d)exceptional control measures, if these are necessary due to the nature of the goods or to a potential risk. 3.Each Party shall promptly publish all fees and charges it imposes in connection with importation or exportation via an official website in such a manner as to enable governments, traders and other interested parties, to become acquainted with them. That information shall include the reason for the fee or charge for the service provided, the responsible authority, the fees and charges that will be applied, and when and how payment is to be made. New or amended fees and charges shall not be imposed until information in accordance with this paragraph has been published and made readily available. 4.A Party shall not require consular transactions, including related fees and charges, in connection with the importation of any good of the other Party. Article GOODS.8: Repaired goods 1.A Party shall not apply a customs duty to a good, regardless of its origin, that re-enters the Party’s territory after that good has been temporarily exported from its territory to the territory of the other Party for repair.

2.Paragraph 1 does not apply to a good imported in bond, into free trade zones, or in similar status, that is then exported for repair and is not re-imported in bond, into free trade zones, or in similar status. 3.A Party shall not apply a customs duty to a good, regardless of its origin, imported temporarily from the territory of the other Party for repair. Article GOODS.9: Remanufactured goods 1.A Party shall not accord to remanufactured goods of the other Party treatment that is less favourable than that which it accords to equivalent goods in new condition. 2.Article GOODS.10 [Import and export restrictions] applies to import and export prohibitions or restrictions on remanufactured goods. If a Party adopts or maintains import and export prohibitions or restrictions on used goods, it shall not apply those measures to remanufactured goods. 3.A Party may require that remanufactured goods be identified as such for distribution or sale in its territory and that they meet all applicable technical requirements that apply to equivalent goods in new condition. Article GOODS.10: Import and export restrictions 1.A Party shall not adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, except in accordance with Article XI of GATT 1994, including its Notes and Supplementary Provisions. To this end, Article XI of GATT 1994 and its Notes and Supplementary Provisions are incorporated into and made part of this Agreement, mutatis mutandis. 2.A Party shall not adopt or maintain: (a)export and import price requirements, except as permitted in enforcement of countervailing and anti-dumping duty orders and undertakings; or (b)import licensing conditioned on the fulfilment of a performance requirement. Article GOODS.11: Import and export monopolies A Party shall not designate or maintain an import or export monopoly. For the purposes of this Article, import or export monopoly means the exclusive right or grant of authority by a Party to an entity to import a good from, or export a good to, the other Party. Article GOODS. 13: Import licensing procedures 1.Each Party shall ensure that all import licensing procedures applicable to trade in goods between the Parties are neutral in application, and are administered in a fair, equitable, non-discriminatory and transparent manner. 2.A Party shall only adopt or maintain licensing procedures as a condition for importation into its territory from the territory of the other Party, if other appropriate procedures to achieve an administrative purpose are not reasonably available. 3.A Party shall not adopt or maintain any non-automatic import licensing procedure, unless it is necessary to implement a measure that is consistent with this Agreement. A Party adopting such non-automatic import licensing procedure shall indicate clearly the measure being implemented through that procedure. 4.Each Party shall introduce and administer any import licensing procedure in accordance with Articles 1 to 3 of the WTO Agreement on Import Licensing Procedures (‘the Import Licensing Agreement’). To this end, Articles 1 to 3 of the Import Licensing Agreement are incorporated into and made part of this Agreement mutatis mutandis. 5.Any Party introducing or modifying any import licensing procedure shall make all relevant information available online on an official website. That information shall be made available, whenever practicable, at least 21 days prior to the date of the application of the new or modified licensing procedure and in any event no later than the date of application. That information shall contain the data required under Article 5 of the Import Licensing Agreement. 6.At the request of the other Party, a Party shall promptly provide any relevant information regarding any import licensing procedures that it intends to adopt or that it maintains, including the information referred to in Articles 1 to 3 of the Import Licensing Agreement.

7.For greater certainty, nothing in this Article requires a Party to grant an import licence, or prevents a Party from implementing its obligations or commitments under United Nations Security Council Resolutions or under multilateral non-proliferation regimes and import control arrangements. Article GOODS. 14: Export licensing procedures 1.Each Party shall publish any new export licensing procedure, or any modification to an existing export licensing procedure, in such a manner as to enable governments, traders and other interested parties to become acquainted with them. Such publication shall take place, whenever practicable, 45 days before the procedure or modification takes effect, and in any case no later than the date such procedure or modification takes effect and, where appropriate, publication shall take place on any relevant government websites. 2.The publication of export licensing procedures shall include the following information: (a)the texts of its export licensing procedures, or of any modifications it makes to those procedures; (b)the goods subject to each licensing procedure; (c)for each procedure, a description of the process for applying for a licence and any criteria an applicant must meet to be eligible to apply for a licence, such as possessing an activity licence, establishing or maintaining an investment, or operating through a particular form of establishment in a Party’s territory; (d)a contact point or points from which interested persons can obtain further information on the conditions for obtaining an export licence; (e)the administrative body or bodies to which an application or other relevant documentation are to be submitted; (f)a description of any measure or measures being implemented through the export licensing procedure; (g)the period during which each export licensing procedure will be in effect, unless the procedure remains in effect until withdrawn or revised in a new publication; (h)if the Party intends to use a licensing procedure to administer an export quota, the overall quantity and, if applicable, the value of the quota and the opening and closing dates of the quota; and (i)any exemptions or exceptions that replace the requirement to obtain an export licence, how to request or use those exemptions or exceptions, and the criteria for granting them. 3.Within 45 days after the date of entry into force of this Agreement, each Party shall notify the other Party of its existing export licensing procedures. Each Party shall notify to the other Party any new export licensing procedures and any modifications to existing export licensing procedures within 60 days of publication. The notification shall include a reference to the sources where the information required pursuant to paragraph 2 is published and shall include, where appropriate, the address of the relevant government websites. 4.For greater certainty, nothing in this Article requires a Party to grant an export licence, or prevents a Party from implementing its commitments under United Nations Security Council Resolutions as well as under multilateral non-proliferation regimes and export control arrangements including the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies, the Australia Group, the Nuclear Suppliers Group, and the Missile Technology Control Regime, or from adopting, maintaining or implementing independent sanctions regimes. Article GOODS.15: Customs valuation Each Party shall determine the customs value of goods of the other Party imported into its territory in accordance with Article VII of GATT 1994 and the Customs Valuation Agreement. To this end, Article VII of GATT 1994 including its Notes and Supplementary Provisions, and Articles 1 to 17 of the Customs Valuation Agreement including its Interpretative Notes, are incorporated into and made part of this Agreement, mutatis mutandis. Article GOODS.16: Preference utilisation 1.For the purpose of monitoring the functioning of this Agreement and calculating preference utilisation rates, the Parties shall annually exchange import statistics for a 10 year-long period starting one year after the entry into force of this Agreement. Unless the Trade Partnership Committee decides otherwise, this period shall be automatically extended for five years, and thereafter the Trade Partnership Committee may decide to extend it further. 2.The exchange of import statistics shall cover data pertaining to the most recent year available, including value and, where applicable, volume, at the tariff line level for imports of goods of the other Party benefitting from preferential duty treatment under this Agreement and for those that receive non-preferential treatment.

Article GOODS.17: Trade Remedies 1.The Parties affirm their rights and obligations under Article VI of GATT 1994, the Anti-Dumping Agreement, the SCM Agreement, Article XIX of GATT 1994, the Safeguards Agreement, and Article 5 of the Agreement on Agriculture. 2.Chapter 2 [Rules of origin] of this Title does not apply to anti-dumping, countervailing and safeguard investigations and measures. 3.Each Party shall apply anti-dumping and countervailing measures in accordance with the requirements of the Anti-Dumping Agreement and the SCM Agreement, and pursuant to a fair and transparent process. 4.Provided it does not unnecessarily delay the conduct of the investigation, each interested party in an anti-dumping or countervailing investigation shall be granted a full opportunity to defend its interests. 5.Each Party's investigating authority may, in accordance with the Party's law, consider whether the amount of the anti-dumping duty to be imposed shall be the full margin of dumping or a lesser amount. 6.Each Party's investigating authority shall, in accordance with the Party’s law, consider information provided as to whether imposing an anti-dumping or a countervailing duty would not be in the public interest. 7.A Party shall not apply or maintain, with respect to the same good, at the same time: (a)a measure pursuant to Article 5 of the Agreement on Agriculture; and (b)a measure pursuant to Article XIX of GATT 1994 and the Safeguards Agreement. 8.Title I [Dispute settlement] of Part Six does not apply to paragraphs 1 to 6 of this Article. Article GOODS.18: Use of existing WTO tariff rate quotas 1.Products originating in one Party shall not be eligible to be imported into the other Party under existing WTO Tariff Rate Quotas (‘TRQs’) as defined in paragraph 2. This shall include those TRQs as being apportioned between the Parties pursuant to Article XXVIII GATT negotiations initiated by the European Union in WTO document G/SECRET/42/Add.2 and by the UK in WTO document G/SECRET/44 and as set out in each Party’s respective internal legislation. For the purposes of this Article, the originating status of the products shall be determined on the basis of non-preferential rules of origin applicable in the importing Party. 2.For the purposes of paragraph 1, ‘existing WTO TRQs’ means those tariff rate quotas which are WTO concessions of the European Union included in the draft EU28 schedule of concessions and commitments under GATT 1994 submitted to the WTO in document G/MA/TAR/RS/506 as amended by documents G/MA/TAR/RS/506/Add.1 and G/MA/TAR/RS/506/Add.2. Article GOODS.19: Measures in case of breaches or circumventions of customs legislation 1.The Parties shall co-operate in preventing, detecting and combating breaches or circumventions of customs legislation, in accordance with their obligations under Chapter 2 [Rules of origin] of this Title and the Protocol on mutual administrative assistance in customs matters. Each Party shall take appropriate and comparable measures to protect its own and the other Party’s financial interests regarding the levying of duties on goods entering the customs territories of the United Kingdom or the Union. 2.Subject to the possibility of exemption for compliant traders under paragraph 7, a Party may temporarily suspend the relevant preferential treatment of the product or products concerned in accordance with the procedure laid down in paragraphs 3 and 4 if: (a) that Party has made a finding, based on objective, compelling and verifiable information, that systematic and large-scale breaches or circumventions of customs legislation have been committed, and; (b) the other Party repeatedly and unjustifiably refuses or otherwise fails to comply with the obligations referred to in paragraph 1. 3.The Party which has made a finding as referred to in paragraph 2 shall notify the Trade Partnership Committee and shall enter into consultations with the other Party within the Trade Partnership Committee with a view to reaching a mutually acceptable solution.

4.If the Parties fail to agree on a mutually acceptable solution within three months after the date of notification, the Party which has made the finding may decide to suspend temporarily the relevant preferential treatment of the product or products concerned. In this case, the Party which made the finding shall notify the temporary suspension, including the period during which it intends the temporary suspension to apply, to the Trade Partnership Committee without delay. 5.The temporary suspension shall apply only for the period necessary to counteract the breaches or circumventions and to protect the financial interests of the Party concerned, and in any case not for longer than six months. The Party concerned shall keep the situation under review and, where it decides that the temporary suspension is no longer necessary, it shall bring it to an end before the end of the period notified to the Trade Partnership Committee. Where the conditions that gave rise to the suspension persist at the expiry of the period notified to the Trade Partnership Committee, the Party concerned may decide to renew the suspension. Any suspension shall be subject to periodic consultations within the Trade Partnership Committee. 6.Each Party shall publish, in accordance with its internal procedures, notices to importers about any decision concerning temporary suspensions referred to in paragraphs 4 and 5. 7.Notwithstanding paragraph 4, if an importer is able to satisfy the importing customs authority that such products are fully compliant with the importing Party’s customs legislation, the requirements of this Agreement, and any other appropriate conditions related to the temporary suspension established by the importing Party in accordance with its laws and regulations, the importing Party shall allow the importer to apply for preferential treatment and recover any duties paid in excess of the applicable preferential tariff rates when the products were imported. Article GOODS.20: Management of administrative errors In case of systematic errors by the competent authorities or issues concerning the proper management of the preferential system at export, concerning notably the application of the provisions of Chapter 2 of this Title or the application of the Protocol on Mutual Administrative Assistance in Customs Matters, and if these errors or issues lead to consequences in terms of import duties, the Party facing such consequences may request the Trade Partnership Committee to examine the possibility of adopting decisions, as appropriate, to resolve the situation. Article GOODS.21: Cultural property 1.The Parties shall cooperate in facilitating the return of cultural property illicitly removed from the territory of a Party, having regard to the principles enshrined in the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property signed in Paris on 17 November 1970. 2.For the purposes of this Article: (a)‘cultural property’ means property classified or defined as being among the national treasures possessing artistic, historic or archaeological value under the respective rules and procedures of each Party; and (b)‘illicitly removed from the territory of a Party’ means: (i) removed from the territory of a Party on or after 1 January 1993 in breach of that Party’s rules on the protection of national treasures or in breach of its rules on the export of cultural property; or (ii) not returned at the end of a period of lawful temporary removal or any breach of another condition governing such temporary removal, on or after 1 January 1993. 3.The competent authorities of the Parties shall cooperate with each other in particular by: (a) notifying the other Party where cultural property is found in their territory and there are reasonable grounds for believing that the cultural property has been illicitly removed from the territory of the other Party; (b) addressing requests of the other Party for the return of cultural property which has been illicitly removed from the territory of that Party; (c) preventing any actions to evade the return of such cultural property, by means of any necessary interim measures; and (d) taking any necessary measures for the physical preservation of cultural property which has been illicitly removed from the territory of the other Party. 4.Each Party shall identify a contact point responsible for communicating with the contact point of the other Party with respect to any matters arising under this Article, including with respect to the notifications and requests referred to in points (a) and (b) of paragraph 3. 5.The envisaged cooperation between the Parties shall involve the customs authorities of the Parties responsible for managing export procedures for cultural property as appropriate and necessary.

6. Title I [Dispute Settlement] of Part Six does not apply to this Article. Chapter 2: Rules of origin Section 1: Rules of origin Article ORIG.1: Objective The objective of this Chapter is to lay down the provisions determining the origin of goods for the purpose of application of preferential tariff treatment under this Agreement, and setting out related origin procedures. Article ORIG.2: Definitions For the purposes of this Chapter, the following definitions apply: (a)"classification" means the classification of a product or material under a particular chapter, heading, or sub-heading of the Harmonised System; (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 the exporter 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 product and makes out a statement on origin; (d)"importer" means a person who imports the originating product and claims preferential tariff treatment for it; (e)"material" means any 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)"product" means the product resulting from the production, even if it is intended for use as a material in the production of another product; (h)"production" means any kind of working or processing including assembly. Article ORIG.3: General requirements 1. For the purposes of applying the preferential tariff treatment by a Party to the originating good of the other Party in accordance with this Agreement, provided that the products satisfy all other applicable requirements of this Chapter, the following products shall be considered as originating in the other Party: (a)products wholly obtained in that Party within the meaning of Article ORIG.5 [Wholly obtained products]; (b)products produced in that Party exclusively from originating materials in that Party; and

(c)products produced in that Party incorporating non-originating materials provided they satisfy the requirements set out in ANNEX ORIG-2 [Product-specific rules of origin]. 2. If a product has acquired originating status, the non-originating materials used in the production of that product shall not be considered as non-originating when that product is incorporated as a material in another product. 3. The acquisition of originating status shall be fulfilled without interruption in the United Kingdom or the Union. Article ORIG.4: Cumulation of origin 1.A product originating in a Party shall be considered as originating in the other Party if that product is used as a material in the production of another product in that other Party. 2.Production carried out in a Party on a non-originating material may be taken into account for the purpose of determining whether a product is originating in the other Party. 3.Paragraphs 1 and 2 do not apply if the production carried out in the other Party does not go beyond the operations referred to in Article ORIG.7 [Insufficient production]. 4.In order for an exporter to complete the statement on origin referred to in point (a) of Article ORIG.18(2) [Claim for preferential tariff treatment] for a product referred to in paragraph 2 of this Article, the exporter shall obtain from its supplier a supplier’s declaration as provided for in Annex ORIG-3 [Supplier’s declaration] or an equivalent document that contains the same information describing the non-originating materials concerned in sufficient detail to enable them to be identified. Article ORIG.5: Wholly obtained products 1. The following products shall be considered as wholly obtained in a Party: (a)mineral products extracted or taken from its soil or from its seabed; (b)plants and vegetable products grown or harvested there; (c)live animals born and raised there; (d)products obtained from live animals raised there; (e)products obtained from slaughtered animals born and raised there; (f)products obtained by hunting or fishing conducted there; (g)products obtained from aquaculture there if aquatic organisms, including fish, molluscs, crustaceans, other aquatic invertebrates and aquatic plants are born or raised from seed stock such as eggs, roes, 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 or protection from predators; (h)products of sea fishing and other products taken from the sea outside any territorial sea by a vessel of a Party; (i)products made aboard of a factory ship of a Party exclusively from products referred to in point (h); (j)products extracted from the seabed or subsoil outside any territorial sea provided that they have rights to exploit or work such seabed or subsoil;

(k)waste and scrap resulting from production operations conducted there; (l)waste and scrap derived from used products collected there, provided that those products are fit only for the recovery of raw materials; (m)products produced there exclusively from the products specified in points (a) to (l). 2. The terms “vessel of a Party” and “factory ship of a Party” in points (h) and (i) of paragraph 1 mean a vessel and factory ship which: (a) is registered in a Member State or in the United Kingdom; (b) sails under the flag of a Member State or of the United Kingdom; and (c) meets one of the following conditions: (i) it is at least 50% owned by nationals of a Member State or of the United Kingdom; or (ii) it is owned by legal persons which each: (A) have their head office and main place of business in the Union or the United Kingdom; and (B) are at least 50% owned by public entities, nationals or legal persons of a Member State or the United Kingdom. Article ORIG.6: Tolerances 1.If a product does not satisfy the requirements set out in ANNEX ORIG-2 [Product-specific rules of origin] due to the use of a non-originating material in its production, that product shall nevertheless be considered as originating in a Party, provided that: (a) the total weight of non-originating materials used in the production of products classified under Chapters 2 and 4 to 24 of the Harmonised System, other than processed fishery products of Chapter 16, does not exceed 15% of the weight of the product; (b) the total value of non-originating materials for all other products, except for products classified under Chapters 50 to 63 of the Harmonised System does not exceed 10% of the ex-works price of the product; or (c) for a product classified under Chapters 50 to 63 of the Harmonised System, the tolerances set out in Note 7 and 8 of ANNEX ORIG-1 [Introductory Notes to the Product-Specific Rules of Origin] apply. 2. Paragraph 1 does not apply if the value or weight of non-originating materials used in the production of a product exceeds any of the percentages for the maximum value or weight of non-originating materials as specified in the requirements set out in ANNEX ORIG-2 [Product-specific rules of origin]. 3. Paragraph 1 of this Article does not apply to products wholly obtained in a Party within the meaning of Article ORIG.5 [Wholly obtained products]. If ANNEX ORIG-2 [Product-specific rules of origin] requires that the materials used in the production of a product are wholly obtained, paragraphs 1 and 2 of this Article apply. Article ORIG.7: Insufficient Production 1. Notwithstanding point (c) of Article ORIG.3(1) [General requirements], a product shall not be considered as originating in a Party if the production of the product in a Party consists only of one or more of the following operations conducted on non-originating materials:

(a) preserving operations such as drying, freezing, keeping in brine and other similar operations where their sole purpose is to ensure that the products remain in good condition during transport and storage; (b) breaking-up or assembly of packages; (c) washing, cleaning; removal of dust, oxide, oil, paint or other coverings; (d) ironing or pressing of textiles and textile articles; (e) simple painting and polishing operations; (f) husking and partial or total milling of rice; polishing and glazing of cereals and rice; bleaching of rice; (g) operations to colour or flavour sugar or form sugar lumps; partial or total milling of sugar in solid form; (h) peeling, stoning and shelling, of fruits, nuts and vegetables; (i) sharpening, simple grinding or simple cutting; (j) sifting, screening, sorting, classifying, grading, matching including the making-up of sets of articles; (k) simple placing in bottles, cans, flasks, bags, cases, boxes, fixing on cards or boards and all other simple packaging operations; (l) affixing or printing marks, labels, logos and other like distinguishing signs on products or their packaging; (m) simple mixing of products, whether or not of different kinds; mixing of sugar with any material; (n) simple addition of water or dilution with water or another substance that does not materially alter the characteristics of the product, or dehydration or denaturation of products; (o) simple assembly of parts of articles to constitute a complete article or disassembly of products into parts; (p) 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 ORIG.8: Unit of qualification 1. For the purposes of this Chapter, the unit of qualification shall be the particular product which is considered as the basic unit when classifying the product under the Harmonised System. 2. For a consignment consisting of a number of identical products classified under the same heading of the Harmonised System, each individual product shall be taken into account when applying the provisions of this Chapter.

Article ORIG.9: Packing materials and containers for shipment Packing materials and containers for shipment that are used to protect a product during transportation shall be disregarded in determining whether a product is originating. Article ORIG.10: Packaging materials and containers for retail sale Packaging materials and containers in which the product is packaged for retail sale, if classified with the product, shall be disregarded in determining the origin of the product, except for the purposes of calculating the value of non-originating materials if the product is subject to a maximum value of non-originating materials in accordance with ANNEX ORIG-2 [Product-specific rules of origin]. Article ORIG.11: Accessories, spare parts and tools 1. Accessories, spare parts, tools and instructional or other information materials shall be regarded as one product with the piece of equipment, machine, apparatus or vehicle in question if they: (a)are classified and delivered with, but not invoiced separately from, the product; and (b)are of the types, quantities and value which are customary for that product. 2. Accessories, spare parts, tools and instructional or other information materials referred to in paragraph 1 shall be disregarded in determining the origin of the product except for the purposes of calculating the value of non-originating materials if a product is subject to a maximum value of non-originating materials as set out in ANNEX ORIG-2 [Product-specific rules of origin]. Article ORIG.12: Sets Sets, as defined in General Rule 3 for the Interpretation of the Harmonised System, shall be considered as originating in a Party if all of their components are originating. If a set is composed of originating and non-originating components, the set as a whole shall be considered as originating in a Party, if the value of the non-originating components does not exceed 15 % of the ex-works price of the set. Article ORIG.13: Neutral elements In order to determine whether a product is originating in a Party, it shall not be necessary to determine the origin of the following elements, which might be used in its production: (a) fuel, energy, catalysts and solvents; (b) plant, equipment, spare parts and materials used in the maintenance of equipment and buildings; (c) machines, tools, dies and moulds; (d) lubricants, greases, compounding materials and other materials used in production or used to operate equipment and buildings; (e) gloves, glasses, footwear, clothing, safety equipment and supplies; (f) equipment, devices and supplies used for testing or inspecting the product; and (g) other materials used in the production which are not incorporated into the product nor intended to be incorporated into the final composition of the product.

Article ORIG.14: Accounting segregation 1. Originating and non-originating fungible materials or "fungible products" shall be physically segregated during storage in order to maintain their originating and non-originating status. 2. For the purpose of paragraph 1, ‘fungible materials’ or "fungible products" means materials or products that are of the same kind and commercial quality, with the same technical and physical characteristics, and that cannot be distinguished from one another for origin purposes. 3. Notwithstanding paragraph 1, originating and non-originating fungible materials may be used in the production of a product without being physically segregated during storage if an accounting segregation method is used. 4. Notwithstanding paragraph 1, originating and non-originating fungible products classified in Chapter 10, 15, 27, 28, 29, heading 32.01 to 32.07, or head