Source: EURLEX
Language: en
Format: md

**Council of the**
**European Union**

**Interinstitutional File:**

**2018/0094 (NLE)**

**Brussels, 2 October 2018**
**(OR. en)**

**7972/18**

**WTO 76**

**SERVICES 25**

**COASI 93**

**LEGISLATIVE ACTS AND OTHER INSTRUMENTS**

Subject: Free Trade Agreement between the European Union and the Republic of
Singapore

7972/18 JU/sr
# RELEX.1.A  EN

FREE TRADE AGREEMENT

BETWEEN THE EUROPEAN UNION

AND THE REPUBLIC OF SINGAPORE

EU/SG/en 1

The European Union, hereinafter referred to as "the Union",

and

the Republic of Singapore, hereinafter referred to as "Singapore",

hereinafter jointly referred to as the "Parties" or individually referred to as a "Party",

RECOGNISING their longstanding and strong partnership based on the common principles and

values reflected in the Partnership and Cooperation Agreement, and their important economic, trade

and investment relationship;

DESIRING to further strengthen their relationship as part of and in a manner coherent with their

overall relations, and convinced that this Agreement will create a new climate for the development

of trade and investment between the Parties;

RECOGNISING that this Agreement will complement and promote regional economic integration

efforts;

DETERMINED to strengthen their economic, trade, and investment relations in accordance with

the objective of sustainable development, in its economic, social and environmental dimensions,

and to promote trade and investment in a manner mindful of high levels of environmental and

labour protection and relevant internationally-recognised standards and agreements to which they

are party;

EU/SG/en 2

DESIRING to raise living standards, promote economic growth and stability, create new

employment opportunities and improve the general welfare and, to this end, reaffirming their

commitment to promoting trade and investment liberalisation;

CONVINCED that this Agreement will create an expanded and secure market for goods and

services, thus enhancing the competitiveness of their firms in global markets;

REAFFIRMING each Party's right to adopt and enforce measures necessary to pursue legitimate

policy objectives such as social, environmental, security, public health and safety, promotion and

protection of cultural diversity;

REAFFIRMING their commitment to the Charter of the United Nations signed in San Francisco on

26 June 1945 and having regard to the principles articulated in the Universal Declaration of Human

Rights adopted by the General Assembly of the United Nations on 10 December 1948;

RECOGNISING the importance of transparency in international trade to the benefit of all

stakeholders;

SEEKING to establish clear and mutually advantageous rules governing their trade and investment

and to reduce or eliminate the barriers to mutual trade and investment;

EU/SG/en 3

RESOLVED to contribute to the harmonious development and expansion of international trade by

removing obstacles to trade through this Agreement and to avoid creating new barriers to trade or

investment between the Parties that could reduce the benefits of this Agreement;

BUILDING on their respective rights and obligations under the WTO Agreement and other

multilateral, regional and bilateral agreements and arrangements to which they are party,

HAVE AGREED AS FOLLOWS:

EU/SG/en 4

CHAPTER ONE

OBJECTIVES AND GENERAL DEFINITIONS

ARTICLE 1.1

Establishment of a Free Trade Area

The Parties to this Agreement hereby establish a free trade area, consistent with Article XXIV of

GATT 1994 and Article V of GATS.

ARTICLE 1.2

Objectives

The objectives of this Agreement are to liberalise and facilitate trade and investment between the

Parties in accordance with the provisions of this Agreement.

EU/SG/en 5

ARTICLE 1.3

Definitions of General Application

For the purposes of this Agreement, unless otherwise specified:

"Agreement on Agriculture" means the Agreement on Agriculture contained in Annex 1A of the

WTO Agreement;

"Agreement on Government Procurement" means the Agreement on Government Procurement

contained in Annex 4 of the WTO Agreement;

"Agreement on Preshipment Inspection" means the Agreement on Preshipment Inspection

contained in Annex 1A of the WTO Agreement;

"Anti-Dumping Agreement" means the Agreement on Implementation of Article VI of the General

Agreement on Tariffs and Trade 1994 contained in Annex 1A of the WTO Agreement;

"Customs Valuation Agreement" means the Agreement on Implementation of Article VII of the

General Agreement on Tariffs and Trade 1994 contained in Annex 1A of the WTO Agreement;

"day" means a calendar day;

EU/SG/en 6

"DSU" means the Understanding on Rules and Procedures Governing the Settlement of Disputes

contained in Annex 2 of the WTO Agreement;

"GATS" means the General Agreement on Trade in Services contained in Annex 1B of the WTO

Agreement;

"GATT 1994" means the General Agreement on Tariffs and Trade 1994 contained in Annex 1A of

the WTO Agreement;

"Harmonized System" means the Harmonized Commodity Description and Coding System,

including all legal notes and amendments thereto (hereinafter also referred to as the "HS");

"IMF" means the International Monetary Fund;

"Import Licensing Agreement" means the Agreement on Import Licencing Procedures contained in

Annex 1A of the WTO Agreement;

"measure" means any law, regulation, procedure, requirement or practice;

"natural person of a Party" means a national of Singapore, or of one of the Member States of the

Union **[1]**, according to their respective legislation;

**1** The term "natural person" includes natural persons permanently residing in Latvia who are
not citizens of Latvia or any other state but who are entitled, under the laws and regulations of
Latvia, to receive a non-citizen's passport (Alien's Passport).

EU/SG/en 7

"Partnership and Cooperation Agreement" means the Partnership and Cooperation Agreement

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

of the other part, signed in […] on […];

"person" means a natural person or a juridical person;

"Safeguards Agreement" means the Agreement on Safeguards contained in Annex 1A of the WTO

Agreement;

"SCM Agreement" means the Agreement on Subsidies and Countervailing Measures contained in

Annex 1A of the WTO Agreement;

"SPS Agreement" means the Agreement on the Application of Sanitary and Phytosanitary Measures

contained in Annex 1A of the WTO Agreement;

"TBT Agreement" means the Agreement on Technical Barriers to Trade contained in Annex 1A of

the WTO Agreement;

"TRIPS Agreement" means the Agreement on Trade-Related Aspects of Intellectual Property

Rights contained in Annex 1C of the WTO Agreement;

"WIPO" means the World Intellectual Property Organization;

"WTO" means the World Trade Organization; and

"WTO Agreement" means the Marrakesh Agreement Establishing the World Trade Organization

done at Marrakesh on 15 April 1994.

EU/SG/en 8

CHAPTER TWO

NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS

SECTION A

COMMON PROVISIONS

ARTICLE 2.1

Objective

The Parties shall progressively and reciprocally liberalise trade in goods over a transitional period

starting from the entry into force of this Agreement in accordance with this Agreement and in

conformity with Article XXIV of GATT 1994.

ARTICLE 2.2

Scope

This Chapter applies to trade in goods between the Parties.

EU/SG/en 9

ARTICLE 2.3

National Treatment

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, the

obligations contained in Article III of GATT 1994, including its Notes and Supplementary

Provisions, are incorporated into and made part of this Agreement, _mutatis mutandis_ .

ARTICLE 2.4

Customs Duty

For the purposes of this Chapter, a customs duty includes any duty or charge of any kind imposed

on or in connection with the importation or exportation of a good, including any form of surtax or

surcharge imposed on or in connection with such importation or exportation.

A customs duty does not include any:

(a) charge equivalent to an internal tax imposed consistently with Article 2.3 (National

Treatment);

(b) duty imposed consistently with Chapter Three (Trade Remedies);

EU/SG/en 10

(c) duties applied consistently with Article VI, Article XVI, Article XIX of GATT 1994, the

Anti-Dumping Agreement, the SCM Agreement, Article 5 of the Agreement on Agriculture

and the DSU; and

(d) fee or other charge imposed consistently with Article 2.10 (Fees and Formalities Connected

with Importation and Exportation).

ARTICLE 2.5

Classification of Goods

The classification of goods in trade between the Parties shall be governed by each Party's respective

tariff nomenclature in conformity with the HS and its amendments.

SECTION B

REDUCTION OR ELIMINATION OF CUSTOMS DUTIES

ARTICLE 2.6

Reduction or Elimination of Customs Duties on Imports

1. Each Party shall reduce or eliminate its customs duties on imported goods originating in the

other Party in accordance with the Schedules set out in Annex 2-A. For the purposes of this

Chapter, "originating" means the origin of a good as determined in accordance with the rules of

origin and the other requirements set out in Protocol 1.

EU/SG/en 11

2. The base rate of customs duties on imports, to which the successive reductions are to be

applied under paragraph 1, shall be that specified in the Schedules in Annex 2-A.

3. If at any moment a Party reduces its applied most favoured nation (hereinafter referred to as

"MFN") customs duty rates on imports after the date of entry into force of this Agreement, that duty

rate shall apply if and for as long as it is lower than the customs duty rate on imports calculated in

accordance with its Schedule in Annex 2-A.

4. Three years after the entry into force of this Agreement, at the request of either Party, the

Parties shall consult to consider accelerating and broadening the scope of the reduction and

elimination of customs duties on imports. A decision by the Parties in the Committee on Trade in

Goods on such acceleration or broadening shall supersede any duty rate or staging category

determined pursuant to their Schedules for that good.

ARTICLE 2.7

Elimination of Customs Duties and Taxes on Exports

Neither Party shall maintain or institute any customs duty or tax on, or in connection with the

exportation or sale for export of, goods to the other Party, or any internal taxes on goods exported to

the other Party that are in excess of those imposed on like goods destined for internal sale.

EU/SG/en 12

ARTICLE 2.8

Standstill

Upon the entry into force of this Agreement, neither Party shall increase any existing customs duty,

or introduce any new customs duty, on the importation of a good originating in the other Party. This

shall not preclude either Party from raising a customs duty to the level established in its Schedule in

Annex 2-A following a unilateral reduction.

SECTION C

NON-TARIFF MEASURES

ARTICLE 2.9

Import and Export Restrictions

1. Neither Party shall 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, in accordance with Article XI of GATT 1994, including its Notes and

Supplementary Provisions. To that end, Article XI of GATT 1994, including its Notes and

Supplementary Provisions are incorporated into and made part of this Agreement, _mutatis mutandis_ .

EU/SG/en 13

2. The Parties understand that, before taking any measures provided for in subparagraphs 2(a)

and 2(c) of Article XI of GATT 1994, the Party intending to take the measures shall supply the

other Party with all relevant information, with a view to seeking a solution acceptable to the Parties.

The Parties may agree on any means needed to put an end to the difficulties. If no agreement is

reached within 30 days of supplying such information, the exporting Party may apply measures

under this Article on the exportation of the good concerned. Where exceptional and critical

circumstances requiring immediate action make prior information or examination impossible, the

Party intending to take the measures may apply forthwith the precautionary measures necessary to

deal with the situation, and shall inform the other Party immediately thereof.

ARTICLE 2.10

Fees and Formalities Connected with Importation and Exportation

1. Each Party shall ensure, in accordance with Article VIII of GATT 1994, including its Notes

and Supplementary Provisions, that all fees and charges of whatever character (other than customs

duties, and measures listed in paragraphs (a), (b) and (c) of Article 2.4 (Customs Duty)) imposed

on, or in connection with the importation or exportation of, goods are limited in amount to the

approximate cost of services rendered, which shall not be calculated on an _ad valorem_ basis, and

shall not represent an indirect protection to domestic goods or a taxation of imports or exports for

fiscal purposes.

EU/SG/en 14

2. Each Party shall make available, via an officially designated medium, including through the

internet, the fees and charges it imposes in connection with importation and exportation.

3. No Party shall require consular transactions **[1]**, including the payment of related fees and

charges, in connection with the importation of any good of the other Party.

ARTICLE 2.11

Import and Export Licensing Procedures

1. The Parties affirm their existing rights and obligations under the Import Licensing Agreement.

2. The Parties shall introduce and administer any import or export licensing procedures **[2]** in

accordance with:

(a) Paragraphs 1 to 9 of Article 1 of the Import Licensing Agreement;

**1** "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, shippers'
export declaration or any other customs documentation in connection with the importation of
the good.
**2** For the purposes of this Article, "non-automatic licensing procedures" means licensing
procedures where approval of the application is not granted for all legal and natural persons
who fulfil the requirements of the Party concerned for engaging in import or export operations
involving the goods subject to licensing procedures.

EU/SG/en 15

(b) Article 2 of the Import Licensing Agreement;

(c) Article 3 of the Import Licensing Agreement.

To that end, the provisions referred to in subparagraphs (a), (b) and (c) of this paragraph are

incorporated into and made part of this Agreement. The Parties shall apply those provisions,

_mutatis mutandis_, to any export licensing procedures.

3. Each Party shall ensure that all export licensing procedures are neutral in application and are

administered in a fair, equitable, non-discriminatory and transparent manner.

4. Each Party shall only adopt or maintain licensing procedures as a condition for the

importation into its territory or the exportation from its territory to the other Party where other

appropriate procedures to achieve an administrative purpose are not reasonably available.

5. Neither Party shall adopt or maintain non-automatic import or export licensing procedures

unless necessary to implement a measure that is consistent with this Agreement. A Party adopting

non-automatic licensing procedures shall clearly indicate the measure being implemented through

such licensing procedure.

6 A Party introducing export licensing procedures or changes in these procedures shall notify

the Committee on Trade in Goods 60 days in advance of the publication of those procedures. This

notification shall contain the information required under Article 5 of the Import Licensing

Agreement.

EU/SG/en 16

7. A Party shall respond within 60 days to enquiries from the other Party regarding any licensing

procedures which the Party to which the request is addressed intends to adopt or has adopted or

maintained, as well as the criteria for granting or allocating import or export licences.

ARTICLE 2.12

State Trading Enterprises

1. The Parties affirm their existing rights and obligations under Article XVII of GATT 1994,

including its Notes and Supplementary Provisions, and the Understanding on the Interpretation of

Article XVII of the General Agreement on Tariffs and Trade 1994, contained in Annex 1-A to the

WTO Agreement, which are hereby incorporated into and made part of this Agreement,

_mutatis mutandis_ .

2. Each Party may request information from the other Party as provided for in

subparagraphs 4(c) and 4(d) of Article XVII of GATT 1994.

EU/SG/en 17

ARTICLE 2.13

Elimination of Sectoral Non-Tariff Measures

1. The Parties shall undertake further commitments on sector-specific non-tariff measures on

goods as set out in Annex 2-B and Annex 2-C (hereinafter referred to as "Sectoral Annexes"). To

that end, the Parties may, by decision in the Committee on Trade in Goods, amend the Sectoral

Annexes.

2. At the request of a Party, the Parties shall enter into negotiations with the aim of broadening

the scope of their commitments on sector-specific non-tariff measures on goods.

SECTION D

SPECIFIC EXCEPTIONS RELATED TO GOODS

ARTICLE 2.14

General Exceptions

1. Nothing in this Chapter shall prevent the taking of measures in accordance with Article XX of

GATT 1994, including its Notes and Supplementary Provisions, which are hereby incorporated into

and made part of this Agreement, _mutatis mutandis_ .

EU/SG/en 18

2. The Parties understand that, before taking any measures provided for in paragraphs (i) and (j)

of Article XX of GATT 1994, the exporting Party intending to take the measures shall provide the

other Party with all relevant information, with a view to seeking a solution acceptable to the Parties.

The Parties may agree on any means needed to put an end to the difficulties. If no agreement is

reached within 30 days, the exporting Party may apply measures under this Article on the

exportation of the good concerned. Where exceptional and critical circumstances requiring

immediate action make prior information or examination impossible, the Party intending to take the

measures may apply forthwith the precautionary measures necessary to deal with the situation and

shall inform the other Party immediately thereof.

SECTION E

INSTITUTIONAL PROVISIONS

ARTICLE 2.15

Committee on Trade in Goods

1. The Committee on Trade in Goods established pursuant to Article 16.2 (Specialised

Committees) shall meet at the request of a Party or the Trade Committee to consider any matter

arising under this Chapter and comprise representatives of the Parties.

EU/SG/en 19

2. The Committee's functions shall include:

(a) monitoring the implementation of this Chapter and Annexes 2-A, 2-B and 2-C;

(b) promoting trade in goods between the Parties, including through consultations on accelerating

and broadening the scope of tariff elimination and broadening of the scope of commitments

on non-tariff measures under this Agreement, and on other issues as appropriate; as a result of

these consultations, the Committee may, by decision, amend or expand the Annexes 2-A, 2-B

and 2-C as required; and

(c) addressing tariff and non-tariff measures to trade in goods between the Parties, and, if

appropriate, referring such matters to the Trade Committee for its consideration.

EU/SG/en 20

CHAPTER THREE

TRADE REMEDIES

SECTION A

ANTI-DUMPING AND COUNTERVAILING MEASURES

ARTICLE 3.1

General Provisions

1. The Parties affirm their rights and obligations arising under Article VI of GATT 1994, the

Anti-Dumping Agreement and the SCM Agreement, and shall apply anti-dumping and

countervailing measures in accordance with the provisions of this Chapter.

2. The Parties, recognising that anti-dumping and countervailing measures can be abused to

obstruct trade, agree that:

(a) such measures should be used in full compliance with the relevant WTO requirements, and

should be based on a fair and transparent system; and

(b) careful consideration should be given to the interests of the Party against which such a

measure is to be imposed.

EU/SG/en 21

3. For the purpose of this Section, the origin of the goods shall be determined in accordance with

the non-preferential rules of origin of the Parties.

ARTICLE 3.2

Transparency and Information Exchange

1. After receipt by a Party's competent authorities of a properly documented anti-dumping

application with respect to imports from the other Party, and no later than 15 days before initiating

an investigation, that Party shall provide written notification to the other Party of its receipt of the

application.

2. After receipt by a Party's competent authorities of a properly documented countervailing duty

application with respect to imports from the other Party, and no later than 15 days before initiating

an investigation, that Party shall provide written notification to the other Party of its receipt of the

application and shall afford the other Party the possibility to consult with its competent authorities

regarding the application, with a view to clarifying the factual situation and to arriving at a mutually

agreed solution. The Parties shall endeavour to hold these consultations as soon as possible

thereafter.

EU/SG/en 22

3. Both Parties shall ensure, immediately after any imposition of provisional measures, and in

any case before the final determination is made, full and meaningful disclosure of all essential facts

and considerations which form the basis for the decision to apply those measures. This is without

prejudice to Article 6.5 of the Anti-Dumping Agreement and Article 12.4 of the SCM Agreement.

Any disclosure shall be made in writing, and shall allow interested parties sufficient time to make

their comments.

4. Each interested party shall be granted the possibility to be heard in order to express their

views during trade remedies investigations.

ARTICLE 3.3

Lesser Duty Rule

Should a Party decide to impose any anti-dumping or countervailing duty, the amount of such duty

shall not exceed the margin of dumping or countervailable subsidies, and it should be less than the

margin if such lesser duty would be adequate to remove the injury to the domestic industry.

EU/SG/en 23

ARTICLE 3.4

Consideration of Public Interest

Neither Party shall apply anti-dumping or countervailing measures where, on the basis of the

information made available during the investigation, it can clearly be concluded that it is not in the

public interest to apply such measures. Public interest shall take into account the situation of the

domestic industry, importers and their representative associations, representative users and

representative consumer organisations, to the extent they have provided relevant information to the

investigating authorities.

ARTICLE 3.5

Exclusion from Bilateral Dispute Settlement and Mediation Mechanism

The provisions of this Section shall not be subject to Chapter Fourteen (Dispute Settlement) and

Chapter Fifteen (Mediation Mechanism).

EU/SG/en 24

SECTION B

GLOBAL SAFEGUARD MEASURES

ARTICLE 3.6

General Provisions

1. Each Party retains its rights and obligations under Article XIX of GATT 1994, the Safeguards

Agreement and Article 5 of the Agreement on Agriculture. Unless otherwise provided for in this

Section, this Agreement does not confer any additional rights or obligations on the Parties with

regard to actions taken pursuant to Article XIX of GATT 1994 and the Safeguards Agreement.

2. No Party shall apply at the same time with respect to the same good both:

(a) a bilateral safeguard measure; and

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

3. For the purposes of this Section, the origin of the goods shall be determined in accordance

with the non-preferential rules of origin of the Parties.

EU/SG/en 25

ARTICLE 3.7

Transparency

1. Notwithstanding Article 3.6 (General Provisions), at the request of the other Party, and

provided that the latter has a substantial interest, a Party, when initiating a safeguard investigation

or when intending to take safeguard measures, shall immediately provide, at least seven days in

advance of the date of such initiation or imposition, _ad hoc_ written notification of all pertinent

information leading to the initiation of a safeguard investigation or the imposition of safeguard

measures, including on the provisional findings and the final findings of the investigation, where

relevant. This is without prejudice to Article 3.2 of the Safeguards Agreement.

2. When imposing safeguard measures, the Parties shall endeavour to impose them in a way that

least affects their bilateral trade.

3. For the purposes of paragraph 2, if a Party considers that the legal requirements are met for

the imposition of definitive safeguard measures, and it intends to apply such measures, it shall

notify the other Party and give that Party the possibility of holding bilateral consultations. If no

satisfactory solution has been reached within 30 days of the notification, the importing Party may

adopt the definitive safeguard measures. The possibility of consultations should also be offered to

the other Party in order to exchange views on the information referred to in paragraph 1.

EU/SG/en 26

ARTICLE 3.8

Exclusion from Bilateral Dispute Settlement and Mediation Mechanism

The provisions of this Section shall not be subject to Chapter Fourteen (Dispute Settlement) and

Chapter Fifteen (Mediation Mechanism).

SECTION C

BILATERAL SAFEGUARD CLAUSE

ARTICLE 3.9

Definitions

For the purposes of this Section:

(a) "serious injury" and "threat of serious injury" shall be understood in accordance with

subparagraphs 1(a) and 1(b) of Article 4 of the Safeguards Agreement and to that end,

subparagraphs 1(a) and 1(b) of Article 4 of the Safeguards Agreement are incorporated into

and made part of this Agreement, _mutatis mutandis_ ; and

(b) "transition period" means a period of ten years from the entry into force of this Agreement.

EU/SG/en 27

ARTICLE 3.10

Application of Bilateral Safeguard Measure

1. If, as a result of the reduction or elimination of a customs duty under this Agreement,

originating goods of a Party are being imported into the territory of the other Party in such increased

quantities, in absolute terms or relative to domestic production, and under such conditions as to

cause or threaten to cause serious injury to a domestic industry producing like or directly

competitive goods, the importing Party may, during the transition period only, adopt measures

provided for in paragraph 2 in accordance with the conditions and procedures laid down in this

Section.

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

(a) suspends further reductions of the rate of customs duty on the good concerned provided for

under Annex 2-A; or

(b) increases the rate of customs duty on the good concerned to a level which does not exceed the

lesser of:

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

taken; or

(ii) the base rate of customs duty specified in the Schedules included in Annex 2-A pursuant

to paragraph 2 of Article 2.6 (Reduction or Elimination of Customs Duties on Imports).

EU/SG/en 28

ARTICLE 3.11

Conditions and Limitations

1. A Party shall notify the other Party in writing of the initiation of an investigation described in

paragraph 2 and consult with the other Party as far in advance of applying a bilateral safeguard

measure as practicable, with a view to:

(a) reviewing the information arising from the investigation and whether the conditions laid out

in this Article are met;

(b) exchanging views on the measure and its appropriateness in light of the objectives of this

Section to remove serious injury or threat thereof to domestic industry caused by an increase

in imports as set out in paragraph 1 of Article 3.10 (Application of Bilateral Safeguard

Measure); and

(c) exchanging preliminary views on compensation as set out in Article 3.13 (Compensation).

2. A Party shall only apply a bilateral safeguard measure following an investigation by its

competent authorities in accordance with Articles 3, 4.2(a) and 4.2(c) of the Safeguards Agreement.

To that end, Articles 3, 4.2(a) and 4.2(c) of the Safeguards Agreement are incorporated into and

made part of this Agreement, _mutatis mutandis_ .

EU/SG/en 29

3. The determination referred to in Article 3.10 (Application of Bilateral Safeguard Measure)

shall not be made unless the investigation demonstrates on the basis of objective evidence the

existence of a causal link between increased imports from the other party and serious injury or the

threat thereof. In this respect, due consideration shall be given to other factors, including imports of

the same product from other countries.

4. Each Party shall ensure that its competent authorities complete any such investigation within

one year of the date of its initiation.

5. Neither Party shall apply a bilateral safeguard measure as set out in paragraph 1 of

Article 3.10 (Application of Bilateral Safeguard Measure):

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

injury and to facilitate adjustment;

(b) for a period exceeding two years, except that that period may be extended by up to two years

if the competent authorities of the importing Party determine, in conformity with the

procedures specified in this Article, that the measure continues to be necessary to prevent or

remedy serious injury and to facilitate adjustment and that there is evidence that the industry

is adjusting, provided that the total period of application of a safeguard measure, including the

period of initial application and any extension thereof, shall not exceed four years; or

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

EU/SG/en 30

6. No measure shall be applied again to the import of the same good during the transition period,

unless a period of time equal to half of the period during which the safeguard measure was applied

previously has elapsed. In this case, paragraph 3 of Article 3.13 (Compensation) shall not apply.

7. When a Party terminates a bilateral safeguard measure, the rate of customs duty shall be the

rate that, according to its Schedule included in Annex 2-A, would have been in effect but for the

measure.

ARTICLE 3.12

Provisional Measures

1. In critical circumstances where delay would cause damage that would be difficult to repair, a

Party may apply a bilateral safeguard measure on a provisional basis pursuant to a preliminary

determination that there is clear evidence that imports of an originating good from the other Party

have increased as the result of the reduction or elimination of a customs duty under this Agreement,

and that such imports cause serious injury, or the threat thereof, to the domestic industry. The

duration of any provisional measure shall not exceed 200 days, during which time the Party shall

comply with the requirements of paragraphs 2 and 3 of Article 3.11 (Conditions and Limitations).

The Party shall promptly refund any tariff increases if the investigation described in paragraph 2 of

Article 3.11 (Conditions and Limitations) does not result in a finding that the requirements of

Article 3.10 (Application of Bilateral Safeguard Measure) are met. The duration of any provisional

measure shall be counted as part of the period prescribed by subparagraph 5(b) of Article 3.11

(Conditions and Limitations).

EU/SG/en 31

2. If a Party takes a provisional measure pursuant to this Article, that Party shall notify the other

Party in writing prior to taking such measure, and shall initiate consultations with the other Party

immediately after such measure is taken.

ARTICLE 3.13

Compensation

1. A Party applying a bilateral safeguard measure shall consult with the other Party in order to

mutually agree on appropriate trade liberalising compensation in the form of concessions having

substantially equivalent trade effects or in the form of concessions equivalent to the value of the

additional duties expected to result from the safeguard measure. The Party applying a bilateral

safeguard measure shall provide an opportunity for such consultations no later than 30 days after

the application of the bilateral safeguard measure.

2. If the consultations under paragraph 1 do not result in an agreement on trade liberalising

compensation within 30 days after the consultations begin, the Party whose goods are subject to the

safeguard measure may suspend the application of substantially equivalent concessions to the Party

applying the safeguard measure. The exporting Party shall notify the other Party in writing at least

30 days before suspending concessions under this paragraph.

3. The right of suspension referred to in paragraph 2 shall not be exercised for the first

24 months during which a bilateral safeguard measure is in effect, provided that the safeguard

measure conforms to the provisions of this Agreement.

EU/SG/en 32

CHAPTER FOUR

TECHNICAL BARRIERS TO TRADE

ARTICLE 4.1

Objectives

The objective of this Chapter is to facilitate and increase trade in goods between the Parties, by

providing a framework to prevent, identify and eliminate unnecessary barriers to trade within the

scope of the TBT Agreement.

ARTICLE 4.2

Scope and Definitions

1. This Chapter applies to the preparation, adoption and application of all standards, technical

regulations and conformity assessment procedures, as defined in Annex 1 of the TBT Agreement,

which may affect trade in goods between the Parties, regardless of the origin of those goods.

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

(a) purchasing specifications prepared by governmental bodies for production or consumption

requirements of such bodies; or

EU/SG/en 33

(b) sanitary and phytosanitary measures, as defined in Annex A of the SPS Agreement, which are

covered by Chapter Five of this Agreement.

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

apply.

ARTICLE 4.3

Affirmation of the TBT Agreement

The Parties affirm their existing rights and obligations with respect to each other under the TBT

Agreement, which is incorporated into and made part of this Agreement, _mutatis mutandis_ .

ARTICLE 4.4

Joint Cooperation

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

and conformity assessment procedures, with a view to increasing the mutual understanding of their

respective systems and to facilitating access to their respective markets.

EU/SG/en 34

2. The Parties shall seek to identify and develop regulatory cooperation initiatives appropriate

for the particular issues or sectors, which may include but are not limited to:

(a) exchanging information and experiences on the preparation and application of their technical

regulations and the use of good regulatory practice;

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

procedures;

(c) avoiding unnecessary divergence in their approaches to technical regulations and conformity

assessment procedures, and working towards the possibility of convergence or alignment of

technical regulations with international standards;

(d) encouraging cooperation between their respective bodies, whether public or private, that are

responsible for metrology, standardisation, testing, certification and accreditation;

(e) ensuring efficient interaction of regulatory authorities at national, regional and international

levels, for instance, by referring enquiries from a Party to the appropriate regulatory

authorities; and

(f) exchanging information on developments in relevant regional and multilateral fora related to

standards, technical regulations and conformity assessment procedures.

3. Upon request, a Party shall give appropriate consideration to proposals that the other Party

makes for cooperation under the terms of this Chapter.

EU/SG/en 35

ARTICLE 4.5

Standards

1. The Parties affirm their obligations under Article 4.1 of the TBT Agreement to ensure that

their standardising bodies accept and comply with the Code of Good Practice for the Preparation,

Adoption and Application of Standards in Annex 3 to the TBT Agreement.

2. With a view to harmonising standards on as wide a basis as possible, each Party shall

encourage its standardising bodies, as well as the regional standardising bodies of which they or

their standardising bodies are Members, to cooperate with the relevant standardisation bodies of the

other Party in international standardisation activities.

3. The Parties undertake to exchange information on:

(a) their use of standards in support of technical regulations;

(b) each other's standardisation processes, and the extent of use of international standards or

regional standards as a base for their national standards; and

(c) cooperation agreements implemented by either Party on standardisation, provided the

information can be made available to the public.

EU/SG/en 36

ARTICLE 4.6

Technical Regulations

The Parties agree to make best use of good regulatory practice with regard to the preparation,

adoption and application of technical regulations, as provided for in the TBT Agreement including:

(a) considering, when developing a technical regulation, _inter alia_, the impact of the envisaged

technical regulation and the available regulatory and non-regulatory alternatives to the

proposed technical regulation which may fulfil the Party's legitimate objectives;

(b) using, consistent with Article 2.4 of the TBT Agreement and to the maximum extent possible,

relevant international standards as a basis for their technical regulations, except when such

international standards would be an ineffective or inappropriate means for the fulfilment of

the legitimate objectives pursued; where international standards have not been used as a basis,

to explain upon request to the other Party the reasons why such standards have been

considered inappropriate or ineffective for the aim pursued; and

(c) specifying, consistent with Article 2.8 of the TBT Agreement and wherever appropriate,

technical regulations based on product requirements in terms of performance rather than in

terms of design or descriptive characteristics.

EU/SG/en 37

ARTICLE 4.7

Conformity Assessment Procedures

1. The Parties recognise that a broad range of mechanisms exist to facilitate the acceptance of

the results of conformity assessment procedures, including:

(a) the importing Party's reliance on a supplier's declaration of conformity;

(b) agreements on mutual acceptance of the results of conformity assessment procedures with

respect to specific technical regulations conducted by bodies located in the territory of the

other Party;

(c) the use of accreditation procedures to qualify conformity assessment bodies;

(d) government designation of conformity assessment bodies, including bodies located in the

territory of the other Party;

(e) unilateral recognition by a Party of the results of conformity assessment procedures conducted

in the territory of the other Party;

(f) voluntary arrangements between conformity assessment bodies in the respective territories of

each Party; and

EU/SG/en 38

(g) the use of regional or international multilateral recognition agreements and arrangements of

which the Parties are parties.

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

(a) intensify their exchange of information regarding these and other mechanisms, with a view to

facilitating the acceptance of conformity assessment results;

(b) exchange information on the criteria used to select appropriate conformity assessment

procedures for specific products and, in line with Article 5.1.2 of the TBT Agreement, require

that conformity assessment procedures shall not be more strict or be applied more strictly than

is necessary to give the importing Party adequate confidence that products conform with the

applicable technical regulations or standards, taking account of the risks non-conformity

would create;

(c) exchange information on accreditation policies and consider how to make the best use of

international standards for accreditation and the best use of international agreements involving

the Parties' accreditation bodies, for example through the mechanisms of the International

Laboratory Accreditation Co-operation and the International Accreditation Forum; and

(d) ensure that, insofar as two or more conformity assessment bodies are authorised by a Party to

carry out conformity assessment procedures required for placing the product on the market,

economic operators may choose among them.

EU/SG/en 39

3. The Parties reaffirm their obligation under Article 5.2.5 of the TBT Agreement that fees

imposed for mandatory conformity assessment of imported products shall be equitable in relation to

any fees chargeable for assessing the conformity of like products of national origin or originating in

any other country, taking into account communication, transportation and other costs arising from

differences between location of facilities of the applicant and the conformity assessment body.

4. Upon request by either Party, the Parties may decide to engage in consultations with a view to

defining sectoral initiatives regarding the use of conformity assessment procedures or the

facilitation of acceptance of conformity assessment results that are appropriate for the respective

sectors. The Party making the request should substantiate it with relevant information on how this

sectoral initiative would facilitate trade between the Parties. In these consultations, all mechanisms

described in paragraph 1 may be considered. Where a Party declines such a request from the other

Party, it shall, upon request, explain its reasons.

ARTICLE 4.8

Transparency

The Parties reaffirm their transparency obligations under the TBT Agreement with regard to the

preparation, adoption and application of standards, technical regulations and conformity assessment

procedures, and agree:

(a) where a part of the process of developing a technical regulation is open to public consultation,

to take the other Party's views into account and, without discrimination, to provide reasonable

opportunities for the other Party and its interested persons to make comments;

EU/SG/en 40

(b) when making notifications in accordance with Article 2.9 of the TBT Agreement, to allow at

least 60 days following the notification for the other Party to provide comments in writing on

the proposal and where practicable, to give appropriate consideration to reasonable requests

for extending the comment period;

(c) to allow sufficient time between the publication of technical regulations and their entry into

force for economic operators of the other Party to adapt, except where urgent problems of

safety, health, environmental protection or national security arise or threaten to arise; and

(d) to make available to the other Party or its economic operators relevant information (for

example through a public website, if available) on technical regulations, standards and

conformity assessment procedures in force and, as appropriate and available, written guidance

on compliance with its technical regulations, upon request and without undue delay.

ARTICLE 4.9

Market Surveillance

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

EU/SG/en 41

ARTICLE 4.10

Marking and Labelling

1. The Parties note that, according to paragraph 1 of Annex 1 of the TBT Agreement, a technical

regulation may include or deal exclusively with marking or labelling requirements, and they agree,

where their technical regulations contain mandatory marking or labelling, to ensure that such

regulations are not prepared with a view to, or with the effect of, creating unnecessary obstacles to

international trade, and that such regulations are not more trade restrictive than necessary to fulfil a

legitimate objective, as referred to under Article 2.2 of the TBT Agreement.

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

(a) that Party shall endeavour to restrict its requirements only to those which are relevant for

consumers or users of the product or are relevant to indicate the product's conformity with the

mandatory requirements;

(b) that Party may specify the information to be provided on the label, and may require

compliance with certain regulatory requirements for the affixing of the label, but shall not

require any prior approval or certification of labels and markings as a precondition for sale of

the products on its market, unless this is deemed necessary in the light of the risk of the

product to human, animal or plant health or life;

EU/SG/en 42

(c) where that Party requires the use of a unique identification number by economic operators,

that Party shall ensure that such numbers are issued to the relevant economic operators

without undue delay and on a non-discriminatory basis;

(d) provided it is not misleading, contradictory or confusing in relation to the information

required in the importing Party of the goods, that Party shall permit the following to be used

in the marking or labelling of products:

(i) information in other languages in addition to the information in the language required

by the importing Party of the goods;

(ii) internationally-accepted nomenclatures, pictograms, symbols or graphics; and

(iii) additional information to that required in the importing Party of the goods;

(e) that Party shall accept that labelling, including re-labelling and corrections to labelling, may

take place, where relevant, in authorised premises (for example, in customs warehouses at the

point of import) in the territory of the importing Party prior to the distribution and sale of the

product, as an alternative to labelling in the place of origin, unless such labelling in the place

of origin is required for reasons of public health or safety; and

(f) that Party shall endeavour, in cases where it considers that legitimate objectives under the

TBT Agreement are not compromised thereby, to accept non-permanent or detachable labels,

or marking or labelling in the accompanying documentation rather than physically attached to

the product.

EU/SG/en 43

3. Without prejudice to the Parties' rights and obligations under the WTO Agreement,

paragraph 2 shall apply to agricultural products, industrial products, and processed agricultural food

products, including beverages and spirits.

ARTICLE 4.11

Contact Points

The functions of the contact points designated in accordance with Article 13.4 (Enquiries and

Contact Points) shall include:

(a) monitoring the implementation and administration of this Chapter;

(b) promptly addressing any issue that the other Party raises related to the development, adoption,

application or enforcement of standards, technical regulations or conformity assessment

procedures;

(c) enhancing cooperation in the development and improvement of standards, technical

regulations, and conformity assessment procedures;

(d) exchanging information on standards, technical regulations, and conformity assessment

procedures;

EU/SG/en 44

(e) facilitating cooperation activities, as appropriate, in accordance with paragraph 2 of

Article 4.4 (Joint Cooperation); and

(f) arranging the establishment of _ad hoc_ working groups at the request of either Party, in order

to explore ways to facilitate trade between the Parties.

ARTICLE 4.12

Final Provisions

1. The Parties may discuss, in the Committee on Trade in Goods established pursuant to

Article 16.2 (Specialised Committees), any implementing arrangements arising from this Chapter.

The Parties may adopt, by decision in that Committee, any implementing measure required to this

effect.

2. The Parties have undertaken further commitments on sector-specific non-tariff measures on

goods as set out in Annex 4-A and the Appendices pertaining thereto.

EU/SG/en 45

CHAPTER FIVE

SANITARY AND PHYTOSANITARY MEASURES

ARTICLE 5.1

Objectives

The objectives of this Chapter are:

(a) to protect human, animal or plant life or health in the respective territories of the Parties while

facilitating trade between the Parties in the area of sanitary and phytosanitary measures

(hereinafter referred to as "SPS measures");

(b) to collaborate on the further implementation of the SPS Agreement; and

(c) to provide a means to improve communication, cooperation and resolution of issues related to

the implementation of SPS measures affecting trade between the Parties.

ARTICLE 5.2

Scope

1. This Chapter applies to all SPS measures of a Party that may directly or indirectly affect trade

between the Parties.

EU/SG/en 46

2. This Chapter shall also apply to collaboration between the Parties on animal welfare matters

of mutual interest to the Parties.

3. Nothing in this Chapter shall affect the rights of the Parties under the TBT Agreement with

respect to measures not within the scope of this Chapter.

ARTICLE 5.3

Definitions

For the purposes of this Chapter:

(a) the definitions contained in Annex A of the SPS Agreement shall apply; and

(b) the Parties may agree on other definitions to be used in the application of this Chapter, taking

into consideration the glossaries and definitions of relevant international organisations, such

as the CODEX Alimentarius Commission (hereinafter referred to as "Codex Alimentarius"),

the World Organisation for Animal Health (hereinafter referred to as "OIE") and under the

International Plant Protection Convention (hereinafter referred to as "IPPC").

EU/SG/en 47

ARTICLE 5.4

Rights and Obligations

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

ARTICLE 5.5

Competent Authorities

The competent authorities of the Parties responsible for the implementation of this Chapter are set

out in Annex 5-A. The Parties shall notify each other of any changes to those competent authorities.

ARTICLE 5.6

General Principles

When implementing this Chapter, the Parties:

(a) shall ensure the consistency of SPS measures with the principles established by Article 3 of

the SPS Agreement;

(b) shall not use SPS measures to create unjustified barriers to trade;

EU/SG/en 48

(c) shall ensure that procedures established under this Chapter are undertaken and completed

without undue delay, and that such procedures are not applied in a manner which would

constitute an arbitrary or unjustifiable discrimination against the other Party, where identical

or similar conditions exist; and

(d) shall use neither the procedures referred to in subparagraph (c), nor any requests for additional

information, to delay access to their respective markets without scientific and technical

justification.

ARTICLE 5.7

Import Requirements

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

2. The exporting Party shall ensure that products exported to the importing Party meet the

sanitary and phytosanitary requirements of the importing Party.

3. The importing Party shall ensure that its import requirements are applied to products imported

from the exporting Party in a proportionate and non-discriminatory manner.

4. Any fees imposed for the procedures for products imported from the exporting Party shall be

equitable in relation to any fees charged for like domestic products and shall not be higher than the

actual cost of the service.

EU/SG/en 49

5. The importing Party shall have the right to carry out import checks on products imported from

the exporting Party for the purpose of implementing SPS measures.

6. The import checks carried out on products imported from the exporting Party shall be based

on the sanitary and phytosanitary risk associated with such imports. They shall be carried out

without undue delay and with minimum effect on trade between the Parties.

7. The importing Party shall make available to the exporting Party, upon request by the

exporting Party, information about the frequency of import checks carried out on products from the

exporting Party. The importing Party may change the frequency of physical checks on

consignments, where appropriate, as a consequence of (i) verifications, (ii) import checks, or (iii) a

mutual agreement between the Parties, including following the consultations provided for in this

Chapter.

8. In the event that the import checks demonstrate that products do not comply with the relevant

import requirements of the importing Party, any action taken by the importing Party should be

proportionate to the sanitary and phytosanitary risk associated with the importation of the non

compliant product.

EU/SG/en 50

ARTICLE 5.8

Verifications

1. In order to build and maintain confidence in the effective implementation of this Chapter, the

importing Party shall have the right to carry out verifications at any time, including:

(a) through verification visits to the exporting Party, to verify all or part of the inspection and

certification system of the exporting Party's competent authorities, in accordance with the

relevant international standards, guidelines and recommendations of the Codex Alimentarius,

OIE and IPPC; and

(b) by requiring the exporting Party to provide information about its inspection and certification

system and by obtaining the results of the controls carried out thereunder.

2. The importing Party shall share with the exporting Party the results and conclusions of the

verifications carried out pursuant to paragraph 1. The importing Party may make those results

publicly available.

3. If the importing Party decides to carry out a verification visit to the exporting Party, the

importing Party shall notify the exporting Party of this verification visit at least 60 calendar days

before the verification visit is to be carried out, except in emergency cases or where the Parties

agree otherwise. Any modification to such a visit shall be agreed by the Parties.

EU/SG/en 51

4. The costs incurred in carrying out the verification of all or part of the exporting Party's

competent authorities' inspection and certification systems and the costs incurred in carrying out

any inspections of individual establishments shall be borne by the importing Party.

5. The importing Party shall provide information in writing of a verification to the exporting

Party within 60 calendar days. The exporting Party shall have 45 calendar days to comment on such

information. The exporting Party's comments shall be attached to and, where appropriate, included

in the final outcome document.

6. Notwithstanding paragraph 5, where a significant risk to human, animal or plant life or health

has been identified during a verification, the importing Party shall inform the exporting Party as

quickly as possible, and in any case within ten calendar days following the end of the verification.

ARTICLE 5.9

Trade Facilitation

1. In cases where the importing Party requires an on-the-spot verification to authorise imports of

a certain category or categories of products of animal origin from the exporting Party, the following

shall apply:

(a) The verification shall evaluate the exporting Party's inspection and certification system in

accordance with Article 5.8 (Verifications) and shall take into consideration, upon request,

any relevant written information provided by the exporting Party.

EU/SG/en 52

(b) In case of a satisfactory outcome of the verification of the inspection and certification system,

the importing Party shall inform the exporting Party in writing of the positive outcome of the

verification. In such case, the information provided may include the fact that the importing

Party has authorised, or will authorise, imports of specific category or categories of products.

(c) If the outcome of the verification of the inspection and certification systems is not

satisfactory, the importing Party shall inform, in writing, the exporting Party of the result of

the verification. In such case, the information shall include one of the following:

(i) a statement of the conditions, including those related to the inspection and certification

system of the exporting Party, that still need to be put in place by the exporting Party to

allow the importing Party to authorise imports of a specific category or categories of

products of animal origin;

(ii) a reference to the fact that specific establishments of products of animal origin may be

allowed to export to the importing Party upon compliance with the relevant import

requirements of Article 5.7 (Import Requirements); or

(iii) a statement that the importing Party has not authorised the importation of the specific

category or categories of products from the exporting Party.

EU/SG/en 53

2. In cases where the importing Party has authorised the importation of a specific category or

categories of products of animal origin referred to in paragraph 1(b), the exporting Party shall

inform the importing Party of the list of individual establishments that meet the importing Party's

requirements in accordance with, in particular, Article 5.7 (Import Requirements) and

Article 5.8 (Verifications). Furthermore the following applies:

(a) At the request of the exporting Party, the importing Party shall approve individual

establishments as referred to in paragraph 3 of Annex 5-B which are situated in the territory

of the exporting Party, without prior inspection of those individual establishments. When

requesting the approval by the importing Party, the exporting Party shall provide any

information required by the importing Party to guarantee the compliance with the relevant

requirements, including those of Article 5.7 (Import Requirements). The approval by the

importing Party shall be consistent with the conditions set out in Annex 5-B, and shall be

limited to those categories of products for which imports are authorised.

(b) Upon the approval of the individual establishments referred to in subparagraph 2(a), the

importing Party shall take the necessary legislative or administrative measures, in accordance

with its applicable legal and administrative procedures, to allow imports within 40 calendar

days of the receipt of the request of the exporting Party and, if applicable, the information

required by the importing Party to guarantee the compliance with the relevant requirements,

including those of Article 5.7 (Import Requirements).

(c) The importing Party shall notify the exporting Party of its acceptance or rejection of any

individual establishments referred to in paragraph 2(a) and, if applicable, the reasons for any

rejection.

EU/SG/en 54

ARTICLE 5.10

Measures Linked to Animal and Plant Health

1. The Parties recognise the concepts of pest- or disease-free areas and areas of low pest or

disease prevalence, in accordance with the SPS Agreement, OIE and IPPC standards, guidelines and

recommendations. The SPS Committee referred to in Article 5.15 (Committee on Sanitary and

Phytosanitary Measures) may define further details for the procedure for the recognition of such

areas, including procedures for the recognition of such areas in cases where there has been an

outbreak, taking into account any relevant SPS Agreement, OIE and IPPC standards, guidelines or

recommendations.

2. When determining pest- or disease-free areas and areas of low pest or disease prevalence, the

Parties shall consider factors such as geographical location, ecosystems, epidemiological

surveillance, and the effectiveness of sanitary or phytosanitary controls in such areas.

3. The Parties shall establish close cooperation on the determination of pest- or disease-free

areas and areas of low pest and disease prevalence, with the objective of attaining confidence in the

procedures followed by the other Party for the determination of such areas. When accepting the

determination of such areas made by the exporting Party, the importing Party shall, in principle,

base its determination of the animal or plant health status of the exporting Party or parts thereof on

the information provided by the exporting Party in accordance with the SPS Agreement, OIE and

IPPC standards, guidelines and recommendations.

EU/SG/en 55

4. If the importing Party does not accept the determination made by the exporting Party, it shall

explain the reasons and shall be ready to enter into consultations.

5. Where the exporting Party claims that areas within its territory are pest- or disease-free areas

or areas of low pest or disease prevalence, it shall provide relevant evidence in order to objectively

demonstrate to the importing Party that such areas are, and are likely to remain, pest- or disease-free

areas or areas of low pest or disease prevalence, as the case may be. For this purpose, reasonable

access shall be given, upon request, to the importing Party for inspection, testing and other relevant

procedures.

6. The Parties recognise the principle of compartmentalisation of the OIE and pest-free

production sites of the IPPC. The SPS Committee referred to in Article 5.15 (Committee on

Sanitary and Phytosanitary Measures) will assess any OIE and IPPC recommendations that may be

issued on this matter in the future and may issue recommendations accordingly.

ARTICLE 5.11

Transparency and Exchange of Information

1. The Parties shall:

(a) pursue transparency as regards SPS measures applicable to trade and, in particular, to those of

Article 5.7 (Import Requirements) applied to imports from the other Party;

EU/SG/en 56

(b) enhance mutual understanding of each Party's SPS measures and their application;

(c) exchange information on matters related to the development and application of SPS measures,

including the progress on new available scientific evidence, that affect, or may affect, trade

between the Parties with a view to minimising their negative trade effects;

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

importation of specific products within 15 calendar days; and

(e) communicate, upon the request of a Party, progress on the application for the authorisation of

specific products within 15 calendar days.

2. The contact points responsible for the information pursuant to paragraph 1 are those that are

designated by the Parties in accordance with paragraph 1 of Article 13.4 (Enquiries and Contact

Points). Information shall be sent by post, fax or e-mail. Information by e-mail may be signed

electronically and shall only be sent between the contact points.

3. Where the information pursuant to subparagraph 1(c) has been made available by notification

to the WTO in accordance with its relevant rules and procedures, or where the above information

has been made available on the official, publicly accessible and fee-free websites of the Parties, the

information exchange referred to in that subparagraph shall be deemed to have taken place.

4. All notifications under this Chapter shall be made to the contact points referred to under

paragraph 2.

EU/SG/en 57

ARTICLE 5.12

Consultations

1. Each Party shall notify the other Party in writing, within two calendar days, of any serious or

significant risk to human, animal or plant life or health, including any food emergencies.

2. Where a Party has serious concerns regarding a risk to human, animal or plant life or health,

affecting commodities for which trade takes place, consultations regarding the situation shall, upon

request, take place as soon as possible. In such case, each Party shall endeavour to provide all

necessary information in due time to avoid disruption in trade.

3. Consultations referred to in paragraph 2 of this Article may be held by e-mail, video or

telephone conference. The requesting Party shall ensure the preparation of the minutes of the

consultation.

ARTICLE 5.13

Emergency Measures

1 In case of serious risk to human, animal or plant life or health, the importing Party may,

without previous notification, take measures necessary to protect human, animal or plant life or

health. For consignments in transport between the Parties, the importing Party shall consider the

most suitable and proportionate solution in order to avoid unnecessary disruptions to trade.

EU/SG/en 58

2. The Party taking the measures shall inform the other Party as soon as possible, and in any

case no later than 24 hours after the adoption of the measure. Either Party may request any

information related to the sanitary and phytosanitary situation or to any such measures that have

been adopted. The other Party shall reply as soon as the requested information is available.

3. Upon the request of either Party, and in accordance with the provisions of

Article 5.12 (Consultations), the Parties shall hold consultations regarding the situation

within 15 calendar days of the notification. These consultations shall be carried out in order to avoid

unnecessary disruptions to trade. The Parties may consider options for the facilitation of the

implementation or the replacement of the measures.

ARTICLE 5.14

Equivalence

1. The Parties may recognise the equivalence of an individual measure, groups of measures or

systems applicable to a sector or to a part of a sector in accordance with paragraphs 4 to 7. The

recognition of equivalence shall be applied to trade between the Parties in animals and animal

products, plants and plant products, or, as appropriate, to related goods.

2. Where equivalence has not been recognised, trade shall take place under the conditions

required by the importing Party to meet its appropriate level of protection.

EU/SG/en 59

3. The recognition of equivalence requires an assessment and acceptance of:

(a) existing SPS measures in legislation, standards and procedures, including controls related to

inspection and certification systems to ensure that the SPS measures of both the exporting

Party and the importing Party are met;

(b) the documented structure of the competent authorities, their powers, their chain of command,

their _modus operandi_ and the resources available to them; and

(c) the performance of the competent authority in relation to the control programmes and

assurances.

4. In their assessments, the Parties shall take account of experience already acquired.

5. The importing Party shall accept a sanitary or phytosanitary measure of the exporting Party as

equivalent if the exporting Party objectively demonstrates that its measure achieves the importing

Party's appropriate level of protection. For this purpose, reasonable access shall be given, upon

request, to the importing Party for inspection, testing and other relevant procedures.

6. The Parties will take into account guidance of the Codex Alimentarius, OIE, IPPC and the

WTO SPS Committee in recognising equivalence.

EU/SG/en 60

7. Furthermore, where equivalence has been recognised, the Parties may agree on a simplified

model for the official sanitary or phytosanitary certificates that are necessary for each consignment

of animals or animal products, plants or plant products, or other related goods intended for

importation.

ARTICLE 5.15

Committee on Sanitary and Phytosanitary Measures

1. The Committee on Sanitary and Phytosanitary Measures (hereinafter referred to as the "SPS

Committee") established pursuant to Article 16.2 (Specialised Committees) shall include

representatives of the competent authorities of the Parties.

2. The SPS Committee shall meet within one year of the entry into force of this Agreement.

Thereafter it shall meet at least once a year or as agreed by the Parties. The SPS Committee shall

establish its rules of procedure at its first meeting. It shall meet in person, by telephone conference,

by video-conference, or through any other means, as agreed by the Parties.

3. The SPS Committee may agree to establish technical working groups consisting of experts of

the Parties, which shall identify and address technical and scientific issues arising under this

Chapter and shall explore opportunities for further collaboration on SPS matters of mutual interest.

When additional expertise is needed, persons other than representatives of the Parties may

participate in the work of a technical working group.

EU/SG/en 61

4. The SPS Committee may address any matter related to the effective functioning of this

Chapter. In particular, it shall have the following responsibilities and functions:

(a) developing the necessary procedures or arrangements for the implementation of this Chapter,

including Annexes 5-A and 5-B;

(b) monitoring the implementation of this Chapter; and

(c) providing a forum for discussion of problems arising from the application of certain SPS

measures with a view to reaching mutually acceptable solutions. In this connection, the SPS

Committee shall be convened as a matter of urgency, at the request of a Party, so as to carry

out consultations. Such consultations are without prejudice to the rights and obligations of the

Parties under Chapter Fourteen (Dispute Settlement) and Chapter Fifteen (Mediation

Mechanism).

5. The SPS Committee shall exchange information, expertise and experiences in the field of

animal welfare in order to promote the collaboration on animal welfare between the Parties.

6. The Parties may, by decision in the SPS Committee, adopt recommendations and decisions

related to the authorisation of imports, exchange of information, transparency, recognition of

regionalisation, equivalency and alternative measures, and any other matter referred to under

paragraphs 4 and 5.

EU/SG/en 62

ARTICLE 5.16

Technical Consultations

1. Where a Party considers that a measure of the other Party is or might be contrary to the

obligations under this Chapter, and considers that the measure causes or may cause an unjustified

disruption to trade, it may request technical consultations in the SPS Committee with a view to

reaching mutually acceptable solutions. The competent authorities set out in Annex 5-A shall

facilitate these consultations.

2. Technical consultations in the SPS Committee shall be deemed concluded within 30 days

following the date of submission of the request for technical consultations, unless the consulting

Parties agree to continue with the consultations. The technical consultations may be made via

telephone conference, video-conference, or any other mechanism agreed by the Parties.

EU/SG/en 63

CHAPTER SIX

CUSTOMS AND TRADE FACILITATION

ARTICLE 6.1

Objectives

1. The Parties recognise the importance of customs and trade facilitation matters in the evolving

global trading environment. The Parties agree to reinforce cooperation in this area, with a view to

ensuring that the relevant legislation and procedures, as well as the administrative capacity of the

relevant administrations, fulfil the objectives of promoting trade facilitation while ensuring effective

customs control.

2. To that end, the Parties agree that legislation shall be non-discriminatory, and that customs

procedures shall be based upon the use of modern methods and effective controls to combat fraud

and to protect legitimate trade.

3. The Parties recognise that legitimate public policy objectives, including in relation to security,

safety and combating fraud, shall not be compromised in any way.

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ARTICLE 6.2

Principles

1. The Parties agree that their respective customs provisions and procedures shall be based upon:

(a) international instruments and standards applicable in the area of customs and trade which the

respective Parties have accepted, including the substantive elements of the Revised Kyoto

Convention on the Simplification and Harmonisation of Customs Procedures, the

International Convention on the Harmonized Commodity Description and Coding System,

and the Framework of Standards to Secure and Facilitate Global Trade (hereinafter referred to

as "SAFE Framework") of the World Customs Organization (hereinafter referred to as

"WCO");

(b) the protection of legitimate trade through the effective enforcement and compliance of

legislative requirements;

(c) legislation that avoids unnecessary or discriminatory burdens on economic operators, that

provides for further trade facilitation for economic operators with high levels of compliance,

and that ensures safeguards against fraud and illicit or damageable activities; and

(d) rules that ensure that any penalty imposed for breaches of customs regulations or procedural

requirements is proportionate and non-discriminatory, and that their application shall not

unduly delay the release of goods.

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2. In order to improve working methods, as well as to ensure non-discrimination, transparency,

efficiency, integrity and accountability of operations, the Parties shall:

(a) simplify requirements and formalities wherever possible with respect to the rapid release and

clearance of goods; and

(b) work towards the further simplification and standardisation of the data and documentation

required by customs and other agencies.

ARTICLE 6.3

Customs Cooperation

1. The Parties shall cooperate on customs matters between their respective authorities in order to

ensure that the objectives set out in Article 6.1 (Objectives) are attained.

2. In order to enhance cooperation on customs matters, the Parties shall, _inter alia_ :

(a) exchange information concerning their respective customs legislation, the implementation

thereof, and their customs procedures, particularly in relation to the following areas:

(i) simplification and modernisation of customs procedures;

(ii) border enforcement of intellectual property rights by the customs authorities;

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(iii) transit movements and transhipment; and

(iv) relations with the business community;

(b) consider developing joint initiatives relating to import, export and other customs procedures,

as well as towards ensuring an effective service to the business community;

(c) work together on customs-related aspects of securing and facilitating the international trade

supply chain in accordance with the SAFE Framework;

(d) establish, where appropriate, mutual recognition of their respective risk management

techniques, risk standards, security controls and trade partnership programmes, including

aspects such as data transmission and mutually agreed benefits; and

(e) strengthen coordination in international organisations such as the WTO and the WCO.

ARTICLE 6.4

Transit and Transhipment

1. Each Party shall ensure the facilitation and effective control of transhipment operations and

transit movements through its territory.

2. The Parties shall promote and implement regional transit arrangements with a view to

facilitating trade.

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3. The Parties shall ensure cooperation and coordination between all concerned authorities and

agencies in their respective territories to facilitate traffic in transit.

ARTICLE 6.5

Advance Rulings

Prior to the importation of goods into its territory, and in accordance with its legislation and

procedures, each Party shall issue to traders established in its territory, through its customs

authorities or other competent authorities, written advance rulings concerning tariff classification,

origin, and any other matters as the Party may decide.

ARTICLE 6.6

Simplified Customs Procedure

1. Each Party shall provide simplified import and export procedures that are transparent and

efficient, in order to reduce costs and increase predictability for economic operators, including

small and medium sized enterprises. Easier access to customs simplifications shall also be provided

for authorised traders, according to objective and non-discriminatory criteria.

2. A single customs declaration document or its electronic equivalent shall be used for the

purpose of completing the formalities required for placing the goods under a customs procedure.

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3. The Parties shall apply modern customs techniques, including risk assessment and

post-clearance audit methods, in order to simplify and facilitate the entry and the release of goods.

4. The Parties shall promote the progressive development and use of systems, including those

based upon information technology, to facilitate the electronic exchange of data among their

respective traders, customs authorities and other related agencies.

ARTICLE 6.7

Release of Goods

Each Party shall ensure that its customs authorities, border agencies or other competent authorities

shall apply requirements and procedures that:

(a) provide for the prompt release of goods within a period no greater than that required to ensure

compliance with its customs and other trade-related laws and formalities;

(b) provide for pre-arrival processing (i.e. advance electronic submission and eventual processing

of information before physical arrival of goods) to enable the release of goods on arrival; and

(c) provide for the release of goods without the payment of customs duties, subject to the

provision of a guarantee, if required according to the legislation of the Party concerned, in

order to secure the final payment of customs duties.

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ARTICLE 6.8

Fees and Charges

1. Fees and charges shall only be imposed for services provided in connection with the

importation or exportation in question and for any formality required for undertaking such

importation or exportation. They shall not exceed the approximate cost of the service provided, and

shall not be calculated on an _ad valorem_ basis.

2. The information on fees and charges shall be published via an officially designated medium,

which may include the internet. This information shall include the reason for the fee or charge for

the service provided, the responsible authority, the fee or charge that will be applied, and when and

how payment is to be made.

3. New or amended fees and charges shall not be imposed until information in accordance with

paragraph 2 is published and made readily available.

ARTICLE 6.9

Customs Brokers

The Parties agree that their respective customs provisions and procedures shall not require the

mandatory use of customs brokers. The Parties shall apply transparent, non-discriminatory and

proportionate rules when licensing customs brokers.

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ARTICLE 6.10

Preshipment Inspections

The Parties agree that their respective customs provisions and procedures shall not require the

mandatory use of preshipment inspections as defined in the Agreement on Preshipment Inspection,

or any other inspection activity performed by private companies at the destination, before customs

clearance.

ARTICLE 6.11

Customs Valuations

1. The Parties shall determine the customs value of goods in accordance with the Customs

Valuation Agreement.

2. The Parties shall cooperate with a view to reaching a common approach to issues relating to

customs valuation.

ARTICLE 6.12

Risk Management

1. Each Party shall base its examination and release procedures and its post-entry verification

procedures on risk assessment principles and the use of audits, rather than examining each shipment

in a comprehensive manner for compliance with all import requirements.

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2. The Parties agree to adopt and apply their control requirements and procedures for the

importation, exportation, transit and transhipment of goods on the basis of risk management

principles which shall be applied to focus compliance measures on transactions that merit attention.

ARTICLE 6.13

Single Window

Each Party shall endeavour to develop or maintain single window systems to facilitate a single,

electronic submission of all information required by customs and other legislation for the

exportation, importation and transit of goods.

ARTICLE 6.14

Appeal Procedures

1. Each Party shall provide effective, prompt, non-discriminatory and easily accessible

procedures to guarantee the right of appeal against the administrative actions, rulings and decisions

by customs and other competent authorities that affect the importation or exportation of goods or

that affect goods in transit.

2. Appeal procedures may include administrative review by the supervising authority and the

judicial review of decisions taken at the administrative level in accordance with the legislation of

the Parties.

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ARTICLE 6.15

Transparency

1. Each Party shall publish or otherwise make available, including through electronic means,

their legislation, regulations, and administrative procedures and other requirements relating to

customs and trade facilitation.

2. Each Party shall designate or maintain one or more inquiry or information points to address

inquiries by interested persons concerning customs and trade facilitation matters.

ARTICLE 6.16

Relations with the Business Community

The Parties agree:

(a) on the importance of timely consultations with trade representatives when formulating

legislative proposals and general procedures related to customs and trade facilitation issues; to

that end, consultations shall be held between customs authorities and the business community,

as appropriate;

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(b) to publish or otherwise make available, as far as possible through electronic means, new

legislation and general procedures related to customs and trade facilitation issues prior to the

application of any such legislation and procedures, as well as changes to and interpretations of

such legislation and procedures; they shall also make publicly available relevant notices of an

administrative nature, including agency requirements and entry procedures, hours of operation

and operating procedures for customs offices at ports and border crossing points, and points of

contact for information enquiries;

(c) on the need for a reasonable time period between the publication of new or amended

legislation, procedures and fees or charges and their entry into force, without prejudice to

legitimate public policy objectives (e.g. changes in duty rates); and

(d) to ensure that their respective customs and related requirements and procedures continue to

meet the needs of the trading community, follow best practices, and that they remain the least

trade-restrictive requirements and procedures possible.

ARTICLE 6.17

Committee on Customs

1. The Committee on Customs established by Article 16.2 (Specialised Committees) shall

consist of representatives of the customs and other competent authorities of the Parties. The

Committee on Customs shall ensure the proper functioning of this Chapter, Protocol 1 and any

additional provisions relating to customs that the Parties may agree on. The Parties may examine

and take decisions in the Committee on Customs on all issues arising thereunder.

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2. The Parties may adopt recommendations and take decisions in the Committee on Customs on

the mutual recognition of risk management techniques, risk standards, security controls and trade

partnership programmes, including aspects such as data transmission and mutually agreed benefits,

and any other issue covered by paragraph 1.

3. The Parties may agree to hold _ad hoc_ meetings for any customs matter, including rules of

origin, and any additional customs-related provisions as agreed between the Parties. They may also

establish sub-groups for specific issues, where appropriate.

CHAPTER SEVEN

NON-TARIFF BARRIERS TO TRADE AND INVESTMENT

IN RENEWABLE ENERGY GENERATION

ARTICLE 7.1

Objectives

In line with global efforts to reduce greenhouse gas emissions, the Parties share the objective of

promoting, developing and increasing the generation of energy from renewable and sustainable

non-fossil sources, particularly through facilitating trade and investment. To this effect, the Parties

shall cooperate towards removing or reducing tariffs as well as non-tariff barriers, and shall

cooperate on fostering regulatory convergence with or towards regional and international standards.

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ARTICLE 7.2

Definitions

For the purposes of this Chapter:

(a) "local content requirement" means

(i) with respect to goods, a requirement for an enterprise to purchase or use goods of

domestic origin or goods from a domestic source, whether that requirement is specified

in terms of particular products, in terms of volume or value of products, or in terms of a

proportion of volume or value of its local production;

(ii) with respect to services, a requirement which restricts the choice of the service supplier

or the service supplied, to the detriment of services or service suppliers from the other

Party;

(b) "measure" means any measure within the scope of this Chapter that is taken by a Party,

whether in the form of a law, regulation, rule, procedure, decision, administrative action, or

any other form;

(c) "measures requiring the formation of partnerships with local companies" means any

requirements to jointly establish or operate with local companies or other businesses any legal

entity such as a corporation, trust, partnership, joint venture or to enter into other contractual

relations;

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(d) "offset" means any condition that encourages local development, such as the unjustified

licensing of technology, investment, obligation to contract with a particular financial

institution, counter-trade, and similar requirements; and

(e) "service supplier" means as defined in paragraph (l) of Article 8.2 (Definitions).

ARTICLE 7.3

Scope

1. This Chapter applies to measures which may affect trade and investment between the Parties

related to the generation of energy from renewable and sustainable non-fossil sources, namely wind,

solar, aerothermal, geothermal, hydrothermal and ocean energy, hydropower, biomass, landfill gas,

sewage treatment plant gas and biogases, but not to the products from which energy is generated.

2. This Chapter does not apply to research and development projects and to demonstration

projects carried out on a non-commercial scale.

3. This Chapter is without prejudice to the application of any other relevant provisions of this

Agreement, including any exceptions, reservations or restrictions to those provisions, to the

measures mentioned in paragraph 1, _mutatis mutandis_ . For greater certainty, in the event of any

inconsistency between this Chapter and any other provisions of this Agreement, the other provisions

of this Agreement shall prevail to the extent of the inconsistency.

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ARTICLE 7.4

Principles

Each Party shall:

(a) refrain from adopting measures providing for local content requirements or any other offset

affecting the other Party's products, service suppliers, entrepreneurs or establishments;

(b) refrain from adopting measures requiring the formation of partnerships with local companies,

unless such partnerships are deemed necessary for technical reasons and the Party can

demonstrate such technical reasons upon request by the other Party;

(c) ensure that any rules concerning the authorisation, certification and licensing procedures that

are applied, in particular to equipment, plants and associated transmission network

infrastructures, are objective, transparent, and non-arbitrary, and do not discriminate against

applicants from the other Party;

(d) ensure that administrative charges imposed on or in connection with the:

(i) importation and use of goods originating in the other Party, or affecting the provision of

goods by the other Party's suppliers, are subject to Article 2.10 (Fees and Formalities

Connected with Importation and Exportation); and

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(ii) provision of services by the other Party's suppliers are subject to Article 8.18 (Scope

and Definitions), Article 8.19 (Conditions for Licensing and Qualification) and

Article 8.20 (Licensing and Qualification Procedures); and

(e) ensure that the terms, conditions and procedures for the connection and access to electricity

transmission grids are transparent and do not discriminate against suppliers of the other Party.

ARTICLE 7.5

Standards, Technical Regulations and Conformity Assessment

1. Where international or regional standards exist with respect to products for the generation of

energy from renewable and sustainable non-fossil sources, the Parties shall use those standards, or

the relevant parts of those standards, as a basis for their technical regulations except when such

international standards or relevant parts would be an ineffective or inappropriate means for the

fulfilment of the legitimate objectives pursued. For the purpose of applying this paragraph, the

International Organization for Standardization (hereinafter referred to as "ISO") and the

International Electrotechnical Commission (hereinafter referred to as "IEC"), in particular, shall be

considered relevant international standard-setting bodies.

2. Where appropriate, the Parties shall specify technical regulations based on product

requirements in terms of performance, including environmental performance, rather than in terms of

design or descriptive characteristics.

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3. With respect to products listed in Chapter 84 of the Harmonized System (except 8401) as well

as in HS 850231 and 854140:

(a) the Union will accept declarations of conformity from Singapore suppliers under the same

terms as from Union suppliers and without any further requirements, for the purpose of

placing such products on the market; and

(b) Singapore will accept EU declarations of conformity or test reports without any further

requirements, for the purpose of placing such products on the market. Singapore may require

mandatory third party testing or certification under the conditions set out in Article 5

(Safeguard Measures) of Annex 4-A.

For greater certainty, this paragraph is without prejudice to either Party applying requirements not

related to the products referred to in this paragraph, such as zoning laws or building codes.

ARTICLE 7.6

Exceptions

1. This Chapter is subject to the exceptions provided for in Article 2.14 (General Exceptions),

Article 8.62 (General Exceptions), Article 9.3 (Security and General Exceptions) and, for greater

certainty, to the relevant provisions of Chapter Sixteen (Institutional, General and Final Provisions).

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2. For greater certainty, subject to the requirement that such measures are not applied in a

manner which would constitute a means of arbitrary or unjustifiable discrimination between the

Parties' products, service suppliers or investors where the same conditions prevail, or a disguised

restriction on trade and investment between the Parties, nothing in this Chapter shall be construed as

preventing a Party from the adoption or enforcement of measures necessary for the safe operation of

the energy networks concerned, or the safety of energy supply.

ARTICLE 7.7

Implementation and Cooperation

1. The Parties shall cooperate and exchange information on any issues relevant for the

implementation of this Chapter in the Trade Committee established pursuant to Article 16.1 (Trade

Committee). The Parties may, by decision of the Trade Committee, adopt appropriate implementing

measures to this effect and update this Chapter as appropriate.

2. The cooperation may include:

(a) exchanging information, regulatory experiences and best practices in areas such as:

(i) the design and non-discriminatory implementation of measures promoting the uptake of

energy from renewable sources;

(ii) carbon capture and storage;

(iii) smart grids;

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(iv) energy efficiency; and

(v) technical regulations, standards and conformity assessment procedures, such as those

relating to grid code requirements; and

(b) promoting, also in relevant regional fora, the convergence of their domestic or regional

technical regulations, regulatory concepts, standards, requirements and conformity assessment

procedures with international standards.

CHAPTER EIGHT

SERVICES, ESTABLISHMENT AND ELECTRONIC COMMERCE

SECTION A

GENERAL PROVISIONS

ARTICLE 8.1

Objective and Scope

1. The Parties, affirming their respective commitments under the WTO Agreement, hereby lay

down the necessary arrangements for the progressive reciprocal liberalisation of trade in services,

establishment and electric commerce.

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2. Except as otherwise provided, this Chapter shall not:

(a) apply to subsidies granted or grants provided by a Party, including government-supported

loans, guarantees, and insurance;

(b) apply to services supplied in the exercise of governmental authority within the respective

territories of the Parties;

(c) require the privatisation of public undertakings; and

(d) apply to laws, regulations or requirements governing the procurement by governmental

agencies of services purchased for governmental purposes and not with a view to commercial

resale or with a view to use in the supply of services for commercial sale.

3. Each Party retains the right to regulate and to introduce new regulations to meet legitimate

policy objectives in a manner consistent with this Chapter.

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4. This Chapter does not apply to measures that affect natural persons seeking access to the

employment market of a Party, or to measures regarding citizenship, residence or employment on a

permanent basis. Nothing in this Chapter shall prevent a Party from applying measures to regulate

the entry of natural persons of the other Party into, or their temporary stay in, its territory, including

measures that are necessary to protect the integrity of, and to ensure the orderly movement of

natural persons across its borders, provided that such measures are not applied in such a manner as

to nullify or impair the benefits **[1]** accruing to the other Party under the terms of this Chapter.

ARTICLE 8.2

Definitions

For the purposes of this Chapter:

(a) "direct taxes" comprises all taxes on total income, on total capital or on elements of income or

of capital, including taxes on gains from the alienation of property, taxes on estates,

inheritances and gifts, and taxes on the total amounts of wages or salaries paid by enterprises,

as well as taxes on capital appreciation;

(b) "juridical person" means any legal entity duly constituted or otherwise organised under

applicable law, whether for profit or otherwise, and whether privately-owned or

governmentally-owned, including any corporation, trust, partnership, joint venture, sole

proprietorship, or association;

**1** The sole fact of requiring a visa for natural persons of certain countries and not for those of
others shall not be regarded as nullifying or impairing benefits under a specific commitment.

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(c) "Union juridical person" or "Singapore juridical person" means:

(i) a juridical person set up in accordance with the laws of the Union and/or the

Member States of the Union, or Singapore, respectively, and having its registered office,

central administration **[1]**, or principal place of business in the territory of the Union or

Singapore, respectively; or

(ii) in the case of establishment in accordance with paragraph (d) of

Article 8.8 (Definitions), a juridical person owned or controlled by natural persons of

the Member States of the Union or of Singapore respectively, or by Union juridical

persons or Singapore juridical persons respectively;

should the juridical person have only its registered office or central administration in the

territory of the Union or of Singapore, respectively, it shall not be considered as a Union or

Singapore juridical person, respectively, unless it engages in substantive business operations **[2]**

in the territory of the Union or of Singapore respectively;

**1** "Central administration" means the head office where ultimate decision-making takes place.
**2** The Union understands that the concept of "effective and continuous link" with the economy
of a Member State of the Union enshrined in Article 54 of the Treaty on the Functioning of
the European Union (hereinafter referred to as "TFEU") is equivalent to the concept of
"substantive business operations". Accordingly, for a juridical person set up in accordance
with the laws of Singapore and having only its registered office or central administration in
the territory of Singapore, the Union shall only extend the benefits of this Agreement if that
juridical person possesses an effective and continuous economic link with the economy of
Singapore.

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a juridical person is:

(i) "owned" by natural or juridical persons of the Union and/or any Member State of the

Union, or of Singapore, if more than 50 per cent of the equity interest in it is

beneficially owned by persons of the Union and/or any Member State of the Union, or

of Singapore, respectively;

(ii) "controlled" by natural or juridical persons of the Union and/or any Member State of the

Union, or of Singapore, if such persons have the power to name a majority of its

directors or otherwise to legally direct its actions;

(iii) "affiliated" with another person when it controls, or is controlled by, that other person;

or when it and the other person are both controlled by the same person;

(d) notwithstanding subparagraph (c), shipping companies established outside the Union and

controlled by nationals of a Member State of the Union shall also be covered by this

Agreement if their vessels are registered in accordance with the respective legislation of a

Member State of the Union and fly the flag of that Member State of the Union;

(e) "measure" means any measure by a Party, whether in the form of a law, regulation, rule,

procedure, decision, administrative action, or any other form;

(f) "measures adopted or maintained by a Party" means measures taken by:

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

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

local governments or authorities;

(g) "measures adopted or maintained by a Party affecting trade in services" include measures in

respect of:

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

(ii) the access to and use of, in connection with the supply of a service, services which are

required by a Party to be offered to the public generally; and

(iii) the presence, including commercial presence, of persons of a Party for the supply of a

service in the territory of the other Party;

(h) "Schedule of Specific Commitments" refers to, in the case of the Union, Annex 8-A and the

Appendices thereto, and, in the case of Singapore, Annex 8-B and the Appendices thereto;

(i) "service consumer" means any person that receives or uses a service;

(j) "supply of a service" includes the production, distribution, marketing, sale and delivery of a

service;

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(k) "service of the other Party" means a service which is supplied:

(i) from or in the territory of the other Party, or in the case of maritime transport, by a

vessel registered under the laws of the other Party, or by a person of the other Party

which supplies the service through the operation of a vessel and/or its use in whole or in

part; or

(ii) in the case of the supply of a service through commercial presence or through the

presence of natural persons, by a service supplier of the other Party;

(l) "service supplier" means any person that supplies or seeks to supply a service, including

through establishment;

(m) service supplied in the exercise of governmental authority means any service, except a service

which is supplied on a commercial basis or in competition with one or more service suppliers;

and

(n) "trade in services" means the supply of a service:

(i) from the territory of a Party into the territory of the other Party (cross-border);

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

(iii) by a service supplier of a Party, through commercial presence, in the territory of the

other Party (commercial presence); or

(iv) by a service supplier of a Party, through presence of natural persons of that Party, in the

territory of the other Party (presence of natural persons).

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SECTION B

CROSS-BORDER SUPPLY OF SERVICES

ARTICLE 8.3

Scope

This Section applies to measures of the Parties affecting the cross-border supply of all service

sectors except:

(a) audio-visual services;

(b) national maritime cabotage **[1]** ; and

(c) domestic and international air transport services, whether scheduled or non-scheduled, and

services directly related to the exercise of traffic rights, other than:

(i) aircraft repair and maintenance services during which an aircraft is withdrawn from

service;

**1** Without prejudice to the scope of activities which may be considered as cabotage under the
relevant national legislation, national maritime cabotage under this Chapter covers
transportation of passengers or goods between a port or point located in a Member State of the
Union and another port or point located in the same Member State of the Union, including on
its continental shelf, as provided in the United Nations Convention on the Law of the Sea
(hereinafter referred to as "UNCLOS"), and traffic originating and terminating in the same
port or point located in a Member State of the Union.

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

(iii) computer reservation system services.

ARTICLE 8.4

Definitions

For the purposes of this Section, "cross-border supply of services" means the supply of a service:

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

(b) in the territory of a Party to a service consumer of the other Party.

ARTICLE 8.5

Market Access

1. With respect to market access through the cross-border supply of services, each Party shall

accord services and service suppliers of the other Party treatment no less favourable than that

provided for under the terms, limitations and conditions agreed and specified in its Schedule of

Specific Commitments.

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2. In sectors where market access commitments are undertaken, the measures which each Party

shall not adopt or maintain either on the basis of a regional subdivision or on the basis of its entire

territory, unless otherwise specified in its Schedule of Specific Commitments, are defined as:

(a) limitations on the number of service suppliers, whether in the form of numerical quotas,

monopolies, exclusive service suppliers or the requirement of an economic needs test; **[1]**

(b) limitations on the total value of service transactions or assets in the form of numerical quotas

or the requirement of an economic needs test; and

(c) limitations on the total number of service operations or on the total quantity of service output

expressed in the terms of designated numerical units in the form of quotas or the requirement

of an economic needs test. **[2]**

**1** Subparagraph 2(a) includes measures which require a service supplier of the other Party to
have an establishment within the meaning of paragraph (d) of Article 8.8 (Definitions) or to
be resident in a Party's territory as a condition for the cross-border supply of a service.
**2** This subparagraph does not cover measures of a Party which limit inputs for the supply of
services.

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ARTICLE 8.6

National Treatment

1. In the sectors inscribed in its Schedule of Specific Commitments and subject to any

conditions and qualifications set out therein, each Party shall accord to services and service

suppliers of the other Party, in respect of all measures affecting the cross-border supply of services,

treatment no less favourable than that it accords to its own like services and service suppliers.

2. A Party may meet the requirement of paragraph 1 by according to services and service

suppliers of the other Party, either formally identical treatment or formally different treatment to

that it accords to its own like services and service suppliers.

3. Formally identical or formally different treatment shall be considered to be less favourable if

it modifies the conditions of competition in favour of services or service suppliers of a Party

compared to like services or service suppliers of the other Party.

4. Specific commitments assumed under this Article shall not be construed as requiring a Party

to compensate for any inherent competitive disadvantages which result from the foreign character

of the relevant services or service suppliers.

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ARTICLE 8.7

Schedule of Specific Commitments

1. The sectors liberalised by a Party pursuant to this Section and, by means of reservations, the

market access and national treatment limitations applicable to services and service suppliers of the

other Party in those sectors are set out in its Schedule of Specific Commitments.

2. Neither Party may adopt new or more discriminatory measures with regard to services or

service suppliers of the other Party in relation to the specific commitments undertaken in

conformity with paragraph 1.

SECTION C

ESTABLISHMENT

ARTICLE 8.8

Definitions

For the purposes of this Section:

(a) "branch" of a juridical person means a place of business or a juridical person not having

distinct legal personality and is the extension of a parent body;

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(b) "economic activity" includes any activities of an economic nature, except activities carried out

in the exercise of governmental authority, i.e., activities not carried out on a commercial basis

or in competition with one or more economic operators;

(c) "entrepreneur" means any person of a Party that seeks to perform or performs an economic

activity through establishment **[1]** ;

(d) "establishment" means:

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

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

with a view to establishing or maintaining lasting economic links within the territory of a

Party for the purpose of performing an economic activity including, but not limited to,

supplying a service; and

**1** Where the economic activity is not performed directly by a juridical person but through other
forms of establishment such as a branch or a representative office, the entrepreneur (i.e. the
juridical person) shall, nonetheless, through such establishment be accorded the treatment
provided for entrepreneurs under this Agreement. Such treatment shall be extended to the
establishment through which the economic activity is performed and need not be extended to
any other parts of the entrepreneur located outside the territory where the economic activity is
performed.

EU/SG/en 94

(e) "subsidiary" of a juridical person of a Party means a juridical person which is controlled by

another juridical person of that Party, in accordance with its domestic law. **[1]**

ARTICLE 8.9

Scope

This Section applies to measures adopted or maintained by the Parties affecting establishment in all

economic activities with the exception of:

(a) mining, manufacturing and processing **[2]** of nuclear materials;

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

(c) audio-visual services;

**1** For further clarity, a subsidiary of a juridical person of a Party may also refer to a juridical
person which is a subsidiary of another subsidiary of a juridical person of that Party.
**2** For greater certainty, processing of nuclear materials includes all the activities contained in
the International Standard Industrial Classification of all Economic Activities, as set out in
Statistical Office of the United Nations, Statistical Papers, Series M, N 4, ISIC REV 3.1, 2002
code 2330.

EU/SG/en 95

(d) national maritime cabotage; **[1]** and

(e) domestic and international air transport services, whether scheduled or non-scheduled, and

services directly related to the exercise of traffic rights, other than:

(i) aircraft repair and maintenance services during which an aircraft is withdrawn from

service;

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

(iii) computer reservation system services.

ARTICLE 8.10

Market Access

1. With respect to market access through establishment, each Party shall accord establishments

and entrepreneurs of the other Party treatment no less favourable than that provided for under the

terms, limitations and conditions agreed and specified in its Schedule of Specific Commitments.

**1** Without prejudice to the scope of activities which may be considered as cabotage under the
relevant national legislation, national maritime cabotage under this Chapter covers
transportation of passengers or goods between a port or point located in a Member State of the
Union and another port or point located in the same Member State of the Union, including on
its continental shelf, as provided in the UNCLOS, and traffic originating and terminating in
the same port or point located in a Member State of the Union.

EU/SG/en 96

2. In sectors where market access commitments are undertaken, the measures which each Party

shall not adopt or maintain either on the basis of a regional subdivision or on the basis of its entire

territory, unless otherwise specified in its Schedule of Specific Commitments, are defined as:

(a) limitations on the number of establishments whether in the form of numerical quotas,

monopolies, exclusive rights or other establishment requirements such as an economic needs

tests;

(b) limitations on the total value of transactions or assets in the form of numerical quotas or the

requirement of an economic needs test;

(c) limitations on the total number of operations or on the total quantity of output expressed in

terms of designated numerical units in the form of quotas or the requirement of an economic

needs test; **[1]**

(d) limitations on the participation of foreign capital in terms of maximum percentage limit on

foreign shareholding or the total value of individual or aggregate foreign investment;

(e) measures which restrict or require specific types of legal entity or joint venture through which

an entrepreneur of the other Party may perform an economic activity; and

**1** Subparagraphs 2(a), 2(b) and 2(c) do not cover measures taken in order to limit the production
of an agricultural product.

EU/SG/en 97

(f) limitations on the total number of natural persons, other than key personnel and graduate

trainees as defined in Article 8.13 (Scope and Definitions) **[1]**, who may be employed in a

particular sector or who an entrepreneur may employ and who are necessary for, and directly

related to, the performance of the economic activity in the form of numerical quotas or the

requirement of an economic needs test.

ARTICLE 8.11

National Treatment

1. In the sectors inscribed in its Schedule of Specific Commitments and subject to any

conditions and qualifications set out therein, with respect to all measures affecting establishment **[2]**,

each Party shall accord to establishments and entrepreneurs of the other Party treatment no less

favourable than that it accords to its own like establishments and entrepreneurs.

2. A Party may meet the requirement of paragraph 1 by according to establishments and

entrepreneurs of the other Party, either formally identical treatment or formally different treatment

to that it accords to its own like establishments and entrepreneurs.

**1** For greater certainty, measures or limitations relating specifically to key personnel and
graduate trainees shall be subject to Article 8.14 (Key Personnel and Graduate Trainees).
**2** The obligations in this Article apply also to measures governing the composition of boards of
directors of an establishment, such as nationality and residency requirements.

EU/SG/en 98

3. Formally identical or formally different treatment shall be considered to be less favourable if

it modifies the conditions of competition in favour of establishments and entrepreneurs of the Party

compared to like establishments and entrepreneurs of the other Party.

4. Specific commitments assumed under this Article shall not be construed to require a Party to

compensate for any inherent competitive disadvantages which result from the foreign character of

the relevant establishments or entrepreneurs.

ARTICLE 8.12

Schedule of Specific Commitments

1. The sectors liberalised by a Party pursuant to this Section and, by means of reservations, the

market access and national treatment limitations applicable to establishments and entrepreneurs of

the other Party in those sectors are set out in the former Party's Schedule of Specific Commitments.

2. Neither Party may adopt new or more discriminatory measures with regard to establishments

and entrepreneurs of the other Party in relation to the specific commitments undertaken in

conformity with paragraph 1.

EU/SG/en 99

SECTION D

TEMPORARY PRESENCE OF NATURAL PERSONS

FOR BUSINESS PURPOSES

ARTICLE 8.13

Scope and Definitions

1. This Section applies to measures of the Parties concerning the entry into, and temporary stay

in, their respective territories of key personnel, graduate trainees and business service sellers in

accordance with paragraph 4 of Article 8.1 (Objective and Scope).

2. For the purposes of this Section:

(a) "key personnel" means natural persons employed within a juridical person of one Party, other

than a non-profit organisation, and who are responsible for the setting up or the proper

control, administration and operation of an establishment;

EU/SG/en 100

key personnel comprises business visitors for establishment purposes responsible for setting

up an establishment and intra-corporate transferees:

(i) "business visitors for establishment purposes" means natural persons working in a

senior position who are responsible for setting up an establishment and who do not

engage in direct transactions with the general public and do not receive remuneration

from a source located within the host Party; and

(ii) "intra-corporate transferees" means natural persons who have been employed by a

juridical person of one Party or, in the case of professionals providing business services,

have been partners in it for at least one year and who are temporarily transferred to an

establishment (that may be a subsidiary, branch or head company of the enterprise) in

the territory of the other Party and who must belong to one of the following categories:

(1) "executives", meaning natural persons within a juridical person who direct the

management of the establishment, exercise wide latitude in decision-making, and

receive general supervision or direction from the board of directors, or

stockholders of the business or their equivalent, and who do not directly perform

tasks related to the actual provision of the service or services of the juridical

person;

EU/SG/en 101

(2) "managers", meaning natural persons working in a senior position within a

juridical person, who primarily direct the management of the establishment,

receiving general supervision or direction from high-level executives, the board of

directors or stockholders of the business or their equivalent, including:

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

(bb) supervising and controlling the work of other supervisory, professional or

managerial employees; and

(cc) having the authority personally to recruit and dismiss or recommend

recruiting, dismissing or other personnel actions; or

(3) "specialists", meaning natural persons working within a juridical person, who

possess uncommon knowledge or expertise essential to the establishment's

production, research equipment, techniques or management; in assessing such

knowledge, account will be taken not only of knowledge specific to the

establishment, but also, where relevant, of whether the person has a high level of

qualification referring to a type of work or trade requiring specific technical

knowledge, including membership of an accredited profession;

EU/SG/en 102

(b) "graduate trainees" means natural persons who have been employed by a juridical person of a

Party for at least one year, who possess a university degree and who are temporarily

transferred to an establishment in the territory of the other Party for career development

purposes or to obtain training in business techniques or methods; **[1]** and

(c) "business services sellers" means natural persons who are representatives of a service supplier

of a Party seeking temporary entry into the territory of the other Party for the purpose of

negotiating the sale of services or entering into agreements to sell services for that service

supplier and who do not engage in making direct sales to the general public and do not receive

remuneration from a source located within the host Party.

**1** The recipient establishment may be required to submit a training programme covering the
duration of stay for prior approval, demonstrating that the purpose of the stay is for training.
The competent authorities may require that training be linked to the university degree which
has been obtained.

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ARTICLE 8.14

Key Personnel and Graduate Trainees

1. For every sector liberalised in accordance with Section C (Establishment) and subject to any

reservations listed in its Schedule of Specific Commitments, each Party shall allow entrepreneurs of

the other Party to temporarily employ in their establishment natural persons of that other Party,

provided that such employees are key personnel or graduate trainees as defined in

Article 8.13 (Scope and Definitions). Their temporary entry and stay shall be permitted for a period

of up to three years for intra-corporate transferees, 90 days in any twelve-month period for business

visitors for establishment purposes, and one year for graduate trainees. For intra-corporate

transferees, this period may be extended for up to two additional years, subject to domestic law. **[1]**

2. For every sector liberalised in accordance with Section C (Establishment), the measures

which a Party shall not maintain or adopt, unless otherwise specified in its Schedule of Specific

Commitments, are defined as limitations on the total number of natural persons that an entrepreneur

may transfer as key personnel or graduate trainees in a specific sector in the form of numerical

quotas or a requirement of an economic needs test and as discriminatory limitations.

**1** For greater certainty and without prejudice to paragraph 4 of Article 8.1 (Objective and
Scope), the stay in the territory of a Party under these provisions does not entitle the
intra-corporate transferee to apply for permanent residency or citizenship in that Party.

EU/SG/en 104

ARTICLE 8.15

Business Services Sellers

For every sector liberalised in accordance with Section B (Cross-border Supply of Services) or

Section C (Establishment) and subject to any reservations listed in its Schedule of Specific

Commitments, each Party shall allow the temporary entry and stay of business service sellers for a

period of up to 90 days in any twelve-month period. **[1]**

SECTION E

REGULATORY FRAMEWORK

SUB-SECTION 1

PROVISIONS OF GENERAL APPLICATION

ARTICLE 8.16

Mutual Recognition of Professional Qualifications

1. Nothing in this Article shall prevent a Party from requiring that natural persons possess the

necessary qualifications and/or professional experience specified in the territory where the service is

supplied, for the sector of activity concerned.

**1** This Article is without prejudice to the rights and obligations deriving from bilateral visa
waiver agreements between Singapore and one of the Member States of the Union.

EU/SG/en 105

2. The Parties shall encourage the relevant professional bodies in their respective territories to

develop and provide a joint recommendation on mutual recognition to the Committee on Trade in

Services, Investment and Government Procurement established pursuant to Article 16.2

(Specialised Committees). Such a recommendation shall be supported by evidence on:

(a) the economic value of an envisaged an agreement on mutual recognition of professional

qualifications (hereinafter referred to as "Mutual Recognition Agreement"); and

(b) the compatibility of the respective regimes, i.e., the extent to which the criteria applied by

each Party for the authorisation, licensing, operation and certification of entrepreneurs and

service suppliers are compatible.

3. On receipt of a joint recommendation, the Committee on Trade in Services, Investment and

Government Procurement shall, within a reasonable time, review the joint recommendation with a

view to determining whether it is consistent with this Agreement.

4. Where, on the basis of the information provided for in paragraph 2, the recommendation has

been found to be consistent with this Agreement, the Parties shall take necessary steps to negotiate a

Mutual Recognition Agreement through their competent authorities or authorised designees.

EU/SG/en 106

ARTICLE 8.17

Transparency

Each Party shall respond promptly to all requests by the other Party for specific information on any

of its measures of general application or international agreements which pertain to or affect this

Chapter. Each Party shall also establish one or more enquiry points pursuant to Article 13.4

(Enquiries and Contact Points) to provide specific information on all such matters upon request to

entrepreneurs and service suppliers of the other Party.

SUB-SECTION 2

DOMESTIC REGULATION

ARTICLE 8.18

Scope and Definitions

1. This Sub-Section applies to measures of the Parties relating to licensing requirements and

procedures or qualification requirements and procedures that affect:

(a) cross-border supply of services as defined in Article 8.4 (Definitions);

EU/SG/en 107

(b) establishment in their territory of juridical and natural persons as defined in Article 8.8

(Definitions); or

(c) temporary stay of natural persons in their territory as referred to in Article 8.13 (Scope and

Definitions).

2. This Sub-Section shall only apply to sectors for which a Party has undertaken specific

commitments and to the extent that these specific commitments apply.

3. This Sub-Section does not apply to measures to the extent that the measures constitute

limitations as scheduled in Articles 8.5 (Market Access) and 8.10 (Market Access) or

Articles 8.6 (National Treatment) and 8.11 (National Treatment).

4. For the purposes of this Sub-Section:

(a) "competent authorities" means any central, regional or local government or authority, or any

non-governmental body exercising powers delegated by central or regional or local

governments or authorities, which takes a decision concerning the authorisation to supply a

service, including through establishment, or concerning the authorisation to establish an

economic activity other than services;

(b) "licensing procedures" means administrative or procedural rules to which a natural or a

juridical person must adhere, in order to demonstrate compliance with licensing requirements

when seeking authorisation to supply a service or establish an economic activity other than

services, including the amendment or renewal of a license;

EU/SG/en 108

(c) "licensing requirements" means substantive requirements, other than qualification

requirements, with which a natural or a juridical person is required to comply in order to

obtain, amend or renew authorisation to supply a service or establish in an economic activity

other than services;

(d) "qualification procedures" means administrative or procedural rules to which a natural person

must adhere in order to demonstrate compliance with qualification requirements for the

purpose of obtaining authorisation to supply a service; and

(e) "qualification requirements" means substantive requirements relating to the competence of a

natural person to supply a service, compliance with which is required to be demonstrated for

the purpose of obtaining authorisation to supply a service.

ARTICLE 8.19

Conditions for Licensing and Qualification

1. Each Party shall ensure that measures relating to licensing requirements and procedures as

well as qualification requirements and procedures are based on criteria which are:

(a) clear;

(b) objective and transparent; and

(c) pre-established and accessible to the public and interested persons.

EU/SG/en 109

2. An authorisation or a licence shall, subject to availability, be granted as soon as it has been

established, on the basis of an appropriate examination, that the conditions have been met.

3. Each Party shall maintain or institute judicial, arbitral or administrative tribunals or

procedures which provide, at the request of an affected entrepreneur or service supplier, for a

prompt review, of and where justified, appropriate remedies for administrative decisions affecting

establishment, cross-border supply of services or temporary stay of natural persons for business

purposes. Where such procedures are not independent of the agency entrusted with the

administrative decision concerned, each Party shall ensure that the procedures in fact provide for an

objective and impartial review.

This paragraph shall not be construed as requiring a Party to institute such tribunals or procedures

where this would be inconsistent with its constitutional structure or the nature of its legal system.

ARTICLE 8.20

Licensing and Qualification Procedures

1. Each Party shall ensure that licensing and qualification procedures and formalities are as

simple as possible and do not unduly complicate or delay the supply of the service. Any licensing or

authorisation fees **[1]** which the applicants may incur from their application should be reasonable and

should not in themselves restrict the supply of the service.

**1** Licensing or authorisation fees do not include payments for auction, tendering or other nondiscriminatory means of awarding concessions, or mandated contributions to universal service
provision.

EU/SG/en 110

2. Each Party shall ensure that the competent authority uses procedures and takes decisions in

the licensing or authorisation process that are impartial with respect to all applicants. The competent

authority should reach its decisions in an independent manner and should not be accountable to any

supplier of the services for which the licence or authorisation is required.

3. Where specific time periods for applications exist, an applicant shall be allowed a reasonable

period of time for the submission of an application. The competent authority shall initiate the

processing of such applications without undue delay. Where possible, applications should be

accepted in electronic format under the same conditions of authenticity as for paper submissions.

4. Each Party shall ensure that the processing of an application, including the reaching of a final

decision, is completed within a reasonable timeframe from the submission of a complete

application. Each Party shall endeavour to establish a normal timeframe for the processing of an

application.

5. Where the competent authority considers that an application is incomplete, it shall, within a

reasonable period of time after the receipt of that application inform the applicant that the

application is incomplete and, to the extent feasible, specify the additional information required to

complete the application, and shall provide the applicant with the opportunity to correct

deficiencies.

6. Where possible, authenticated copies should be accepted in place of original documents.

EU/SG/en 111

7. Where the competent authority rejects an application, it shall inform the applicant in writing

without undue delay. In principle, the applicant should, where it so requests, also be informed of the

reasons for rejection of the application and of the timeframe for an appeal against the decision.

Where applicable, an applicant should be permitted, within reasonable time limits, to resubmit an

application.

8. Each Party shall ensure that a licence or an authorisation, once granted, enters into effect

without undue delay in accordance with the terms and conditions specified therein.

SUB-SECTION 3

COMPUTER SERVICES

ARTICLE 8.21

Computer Services

1. The Parties subscribe to the understanding set out in the following paragraphs in respect of

computer services liberalised in accordance with Section B (Cross-border Supply of Services),

Section C (Establishment) and Section D (Temporary Presence of Natural Persons for Business

Purposes).

EU/SG/en 112

2. The Parties understand that CPC **[1]** 84, the United Nations code used for describing computer

and related services, covers all computer and related services. Technological developments have led

to the increased offering of these services as a bundle or package of related services that can include

some or all of the basic functions listed in paragraph 3. For example, services such as web or

domain hosting, data mining services and grid computing each consist of a combination of basic

computer services functions.

3. Computer and related services, regardless of whether they are delivered via a network,

including the Internet, include all services that provide any of the following or any combination

thereof:

(a) consulting, adaptation, strategy, analysis, planning, specification, design, development,

installation, implementation, integration, testing, debugging, updating, support, technical

assistance or management of or for computers or computer systems;

(b) consulting, strategy, analysis, planning, specification, design, development, installation,

implementation, integration, testing, debugging, updating, adaptation, maintenance, support,

technical assistance, management or use of or for software **[2]** ;

**1** "CPC" means the Central Products Classification as set out in Statistical Office of the United
Nations, Statistical Papers, Series M, N° 77, CPC prov, 1991.
**2** The term "software" means the sets of instructions required to make computers work and
communicate. A number of different programmes may be developed for specific applications
(application software), and the customer may have a choice of using ready-made programmes
off the shelf (packaged software), developing specific programmes for particular requirements
(customised software) or using a combination of the two.

EU/SG/en 113

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

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

and

(e) training services for staff of clients, related to software, computers or computer systems, and

not elsewhere classified.

4. The Parties understand that, in many cases, computer and related services enable the provision

of other services **[1]** by both electronic and other means. However, in such cases, there is an important

distinction between the computer and related service (e.g., web-hosting or application hosting) and

the other service **[2]** enabled by the computer and related service. The other service, regardless of

whether it is enabled by a computer and related service, is not covered by CPC 84.

**1** E.g.,W/120.1.A.b. (accounting, auditing and bookkeeping services), W/120.1.A.d.
(architectural services), W/120.1.A.h. (medical and dental services), W/120.2.D (audiovisual
services), W/120.5. (educational services).
**2** See previous footnote.

EU/SG/en 114

SUB-SECTION 4

POSTAL SERVICES

ARTICLE 8.22

Prevention of Anti-Competitive Practices in the Postal Sector **[1]**

Each Party shall introduce or maintain appropriate measures **[2]** for the purpose of preventing

suppliers of postal services who, alone or together, are a major supplier in the relevant market for

postal services, from engaging in or continuing anti-competitive practices.

ARTICLE 8.23

Independence of Regulatory Bodies

Regulatory bodies shall be separate from, and shall not be accountable to, any supplier of postal

services. The decisions of and the procedures used by regulatory bodies shall be impartial with

respect to all market participants.

**1** For greater certainty, only measures relating to basic letter services shall be subject to
Article 8.22 (Prevention of Anti-Competitive Practices in the Postal Sector).
**2** The maintenance of appropriate measures includes the effective enforcement of such

measures.

EU/SG/en 115

SUB-SECTION 5

TELECOMMUNICATIONS SERVICES

ARTICLE 8.24

Scope

1. This Sub-Section applies to measures that affect trade in telecommunications services and sets

out the principles of the regulatory framework for telecommunications services, liberalised pursuant

to Section B to Section D.

2. This Sub-Section does not apply to any measure adopted or maintained by a Party relating to

cable or broadcast distribution of radio or television programming.

3. Nothing in this Sub-Section shall be construed as requiring a Party:

(a) to authorise a service supplier of the other Party to establish, construct, acquire, lease, operate,

or provide telecommunications transport networks or services, other than as provided for in its

Schedule of Specific Commitments; or

(b) to establish, construct, acquire, lease, operate, or provide telecommunications transport

networks or services where such networks or services are not offered to the public generally,

or to compel any service supplier to do so.

EU/SG/en 116

4. Each Party shall impose, maintain, amend or withdraw the rights and obligations of service

suppliers provided for in the Article 8.26 (Access to and Use of Public Telecommunications

Networks and Services), Article 8.28 (Interconnection), Article 8.29 (Interconnection with Major

Suppliers), Article 8.30 (Conduct of Major Suppliers), Article 8.32 (Unbundled Network Elements),

Article 8.33 (Co-location), Article 8.34 (Resale), Article 8.35 (Facility Sharing), Article

8.36 (Provisioning of Leased Circuits Services) and Article 8.38 (Submarine Cable Landing

Stations) in a manner consistent with its domestic law and internal procedures for the regulation of

its telecommunications markets. For the Union, such procedures entail the analysis by the Union

regulators of the relevant product and service markets provided for in the relevant Union legislation,

of the designation of a service supplier as having significant market power and the decision of

regulators, based upon such analysis, to impose, maintain, amend or withdraw such rights and

obligations.

ARTICLE 8.25

Definitions

For the purposes of this Sub-Section:

(a) "broadcasting service" refers to the uninterrupted chain of transmission via wired or wireless

means, regardless of the location of the originating transmission, required for the reception or

display of aural or visual programme signals by all or any part of the public, but does not

cover contribution links between operators;

EU/SG/en 117

(b) "end-user" means a service consumer or a service supplier to whom a public

telecommunications network or service is supplied other than for use in the further supply of a

public telecommunications network or service;

(c) "essential facilities" mean facilities of a public telecommunications transport network or

service that:

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

and

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

(d) "interconnection" means linking with suppliers providing public telecommunications

transport networks or services in order to allow the users of one supplier to communicate with

users of another supplier and to access services provided by another supplier;

(e) "major supplier" means a supplier of public telecommunications networks or services that has

the ability to materially affect the terms of participation in the relevant market for public

telecommunications networks or services, having regard to price and supply, as a result of:

(i) control over essential facilities; or

(ii) use of its position in the market;

EU/SG/en 118

(f) "non-discriminatory" means treatment that is no less favourable than that accorded to any

other user of like public telecommunications transport networks or services in like

circumstances;

(g) "number portability" means the ability of end-users of public telecommunications networks or

services to retain existing telephone numbers at the same location, without impairment of

quality, reliability or convenience when switching between like suppliers of public

telecommunications networks or services;

(h) "public telecommunications network" means a telecommunications network which a Party

requires to provide telecommunications services between defined network termination points;

(i) "public telecommunications service" means any telecommunications service that a Party

requires, explicitly or in effect, to be offered to the public generally;

(j) "submarine cable landing station" means the premises and buildings where international

submarine cables arrive and terminate and are connected to backhaul links;

(k) "telecommunications" means the transmission and reception of signals by any

electromagnetic means;

EU/SG/en 119

(l) "telecommunications services" means all services consisting of the transmission and reception

of electro-magnetic signals, but excludes broadcasting services and economic activities

consisting of the provision of content which requires telecommunications for its transport; and

(m) "telecommunications regulatory body" means the national body or bodies charged with the

regulation of telecommunications.

ARTICLE 8.26

Access to and Use of Public Telecommunications Networks and Services

1. Each Party shall ensure that all service suppliers of the other Party have access to and use of

any public telecommunications network and service offered in its territory or across its borders,

including private leased circuits, on reasonable, non-discriminatory and transparent terms and

conditions, including as set out in paragraphs 2 and 3.

2. Each Party shall ensure that such service suppliers are permitted to:

(a) purchase or lease, and attach terminal or other equipment which interfaces with the public

telecommunications network;

EU/SG/en 120

(b) interconnect private leased or owned circuits with public telecommunications networks and

services in its territory, or across its borders, or with circuits leased or owned by other service

suppliers; and

(c) use operating protocols of their choice, other than as necessary to ensure the availability of

telecommunications networks and services to the public generally.

3. Each Party shall ensure that all service suppliers of the other Party may use public

telecommunications networks and services for the movement of information in its territory or across

its borders, including for intra-corporate communications of such service suppliers and for access to

information contained in databases or otherwise stored in machine-readable form in the territory of

either Party. Any new or amended measures of a Party significantly affecting such use shall be

notified to the other Party and shall be subject to consultations.

ARTICLE 8.27

Confidentiality of Information

Each Party shall ensure the confidentiality of telecommunications and related traffic data by means

of any public telecommunications network or service, without restricting trade in services.

EU/SG/en 121

ARTICLE 8.28

Interconnection **[1]**

1. Each Party shall ensure that any service supplier authorised to provide public

telecommunications networks or services has the right and obligation to negotiate interconnection

with other suppliers of public telecommunications networks or services. Interconnection should be

agreed on the basis of commercial negotiations between the parties concerned.

2. Regulatory authorities shall ensure that suppliers that acquire information from another

undertaking during the process of negotiating interconnection arrangements use that information

solely for the purpose for which it was supplied, and at all times respect the confidentiality of

information transmitted or stored.

**1** For the purposes of this Article and Article 8.30 (Conduct of Major Suppliers), designation of
a supplier of public telecommunications networks and services as a major supplier shall be in
accordance with the domestic law and procedures of each Party.

EU/SG/en 122

ARTICLE 8.29

Interconnection with Major Suppliers

1. Each Party shall ensure that any major supplier in its territory provides interconnection for the

facilities and equipment of suppliers of public telecommunications networks or services of the other

Party at any technically feasible point in the major supplier's network. Such interconnection shall be

provided:

(a) under non-discriminatory terms, conditions (including technical standards and specifications)

and rates, and of a quality no less favourable than that provided for the own like services of

such major supplier, or for like services of non-affiliated suppliers of public

telecommunications networks or services, or for its subsidiaries or other affiliates;

(b) in a timely fashion, on terms, conditions (including technical standards and specifications),

and cost-oriented rates that are transparent, are reasonable, having regard to economic

feasibility, and are sufficiently unbundled so that the supplier need not pay for network

components or facilities that it does not require for the service to be provided; and

(c) upon request, at points in addition to the network termination points offered to the majority of

suppliers of public telecommunications networks or services, subject to charges that reflect

the cost of construction of necessary additional facilities.

EU/SG/en 123

2. Each Party shall ensure that major suppliers in its territory make publicly available their

interconnection agreements or a reference interconnection offer.

3. The procedures applicable for interconnection to a major supplier shall be made publicly

available.

4. When suppliers of public telecommunications networks or services are unable to resolve

disputes regarding the terms, conditions and rates on which interconnection is to be provided by a

major supplier, they shall have recourse to the regulatory authority, which shall aim to resolve the

disputes in the shortest possible timeframe and in any case within 180 days of the referral to it,

provided that the resolution of complex disputes may take longer than 180 days.

ARTICLE 8.30

Conduct of Major Suppliers

1. Each Party may impose obligations of non-discrimination on major suppliers in relation to

interconnection or access.

2. Obligations of non-discrimination shall ensure, in particular, that the major supplier applies

equivalent conditions in equivalent circumstances to other suppliers providing equivalent services

and provides services and information to others under equivalent conditions and of the same quality

as it provides for its own services or for the services of its subsidiaries or partners.

EU/SG/en 124

ARTICLE 8.31

Competitive Safeguards on Major Suppliers

Each Party shall introduce or maintain appropriate measures **[1]** for the purpose of preventing

suppliers of public telecommunications networks or services who, alone or together, are a major

supplier in its territory from engaging in or continuing anti-competitive practices. These

anti-competitive practices shall include in particular:

(a) engaging in anti-competitive cross-subsidisation or margin squeeze;

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

(c) not making available to suppliers of public telecommunications networks or services, on a

timely basis, technical information about essential facilities and commercially relevant

information which are necessary for them to provide public telecommunications services;

(d) pricing services in a manner that is likely to unreasonably restrict competition, such as

predatory pricing.

**1** The maintenance of appropriate measures includes the effective enforcement of such

measures.

EU/SG/en 125

ARTICLE 8.32

Unbundled Network Elements

1. Each Party shall impose obligations on major suppliers to meet reasonable requests for access

to, and use of, specific network elements and associated facilities at any technically feasible point,

on an unbundled basis, in a timely fashion and on terms and conditions that are reasonable,

transparent, and non-discriminatory, and in particular:

(a) to give access to specified network elements and/or facilities, including access to network

elements which are not active, and/or unbundled access to the local loop to, _inter alia_, allow

subscriber line resale offers;

(b) to grant open access to technical interfaces, protocols or other key technologies that are

indispensable for the interoperability of services or virtual network services;

(c) to provide co-location; and

(d) to provide services required to ensure interoperability of end-to-end services to users.

2. When a Party is considering the obligations referred in paragraph 1, it may take account of,

_inter alia_, the following factors:

(a) the technical and economic viability of using or installing competing facilities, taking into

account the nature and type of interconnection and access involved, including the viability of

other upstream access products such as access to ducts;

EU/SG/en 126

(b) the feasibility of providing the access proposed, in relation to the capacity available;

(c) the initial investment by the facility owner, taking into account the risks involved in making

the investment; and

(d) the need to safeguard effective and sustainable competition.

ARTICLE 8.33

Co-location

1. Each Party shall ensure that major suppliers in its territory provide to suppliers of public

telecommunications networks or services of the other Party physical co-location of equipment

necessary for interconnection or access to unbundled network elements in a timely fashion and on

terms and conditions that are reasonable and non-discriminatory.

2. Each Party may determine in accordance with its domestic law the locations at which it

requires major suppliers in its territory to provide co-location under paragraph 1.

EU/SG/en 127

ARTICLE 8.34

Resale

Each Party shall ensure that major suppliers in its territory offer for resale to suppliers of public

telecommunications networks or services of the other Party, public telecommunications services

that such major suppliers provide at retail to end-users in accordance with the provisions of this

Sub-Section and, in particular, with Article 8.32 (Unbundled Network Elements).

ARTICLE 8.35

Facility Sharing

1. Each Party shall be able, taking into account the principle of proportionality, to impose on any

major supplier having the right to install facilities on, over or under public or private property, the

sharing of such facilities or property, including buildings, entries to buildings, building wiring,

masts, antennae, towers and other supporting constructions, poles, ducts, conduits, manholes and

cabinets.

2. Each Party may determine in accordance with its domestic law the facilities to which it

requires major suppliers in its territory to provide access under paragraph 1, on the basis that such

facilities cannot feasibly be economically or technically substituted in order to provide a competing

service.

EU/SG/en 128

ARTICLE 8.36

Provisioning of Leased Circuits Services

Each Party shall ensure that major suppliers of leased circuits services in its territory provide

juridical persons of the other Party leased circuits services that are public telecommunications

services in a timely fashion on terms and conditions that are reasonable, non-discriminatory and

transparent.

ARTICLE 8.37

Number Portability

Each Party shall ensure that suppliers of public telecommunications services in its territory provide

number portability for those services designated by that Party, to the extent technically feasible, on

a timely basis and on reasonable terms and conditions.

ARTICLE 8.38

Submarine Cable Landing Stations

Each Party shall ensure access to submarine cable systems, including landing facilities, in its

territory, where a supplier is authorised to operate a submarine cable system as a public

telecommunications service, on reasonable, non-discriminatory and transparent terms and

conditions.

EU/SG/en 129

ARTICLE 8.39

Independent Regulatory Authority

1. Each Party shall ensure that its telecommunications regulatory body is separate from, and not

accountable to, any supplier of public telecommunications networks or services or

telecommunications equipment. To this end, each Party shall ensure that its telecommunications

regulatory body does not hold any financial interest or control in such a supplier.

2. Each Party shall ensure that the decisions of, and procedures followed by, its

telecommunications regulatory bodies are fair and impartial with respect to all market participants

and that they are made and implemented without undue delay. To this end, each Party shall ensure

that any financial interest that it holds in a supplier of public telecommunications networks or

services does not influence the decisions of, and procedures followed by, its telecommunications

regulatory body.

3. The powers of the regulatory authorities shall be exercised transparently in accordance with

the applicable domestic law.

4. Regulatory authorities shall have the power to ensure that suppliers of telecommunications

transport networks and services within their respective territories provide them, promptly upon

request, with all the information, including financial information, which is necessary to enable the

regulatory authorities to carry out their tasks in accordance with this Sub-Section. Information

requested shall be reasonably proportionate to the performance of the regulatory authorities' tasks

and treated in accordance with the requirements of confidentiality.

EU/SG/en 130

5. The regulatory authority shall be sufficiently empowered to regulate the sector. The tasks to

be undertaken by a regulatory authority shall be made public in an easily accessible and clear form,

in particular where those tasks are assigned to more than one body.

ARTICLE 8.40

Universal Services

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

maintain.

2. Such obligations will not be regarded as anti-competitive _per se_, provided that they are

administered in a transparent, objective, non-discriminatory and competitively neutral manner and

are not more burdensome than necessary for the kind of universal service defined by the Party.

3. Where a Party requires a supplier of telecommunications services to provide directories of

subscribers, that Party shall ensure that the supplier applies the principle of non-discrimination to

the treatment of information that has been provided to them by other suppliers of such

telecommunications services.

EU/SG/en 131

ARTICLE 8.41

Authorisation to Provide Telecommunications Services

1. Each Party shall ensure that licensing procedures are as simple as possible and do not unduly

complicate or delay the provisions of the service.

2. Where a Party requires a supplier of public telecommunications networks or services to have

a licence, that Party shall make publicly available:

(a) all the licensing criteria, terms, conditions and procedures it applies; and

(b) a reasonable period of time that would normally be required to reach a decision concerning an

application for a licence.

3. Each Party shall ensure that, if it so requests, the applicant receives in writing the reasons for

the denial of a licence.

4. Where a licence has been unduly denied, the applicant for a licence shall be able to seek

recourse before an appeal body.

5. Any licensing or authorisation fees **[1]** which the applicants may incur from their application

should be reasonable and should not in themselves restrict the supply of the service.

**1** Licensing or authorisation fees do not include payments for auction, tendering or other
non-discriminatory means of awarding concessions, or mandated contributions to universal
service provision.

EU/SG/en 132

ARTICLE 8.42

Allocation and Use of Scarce Resources

1. Any procedures for the allocation and use of scarce resources, including frequencies, numbers

and rights of way, shall be carried out in an objective, timely, transparent and non-discriminatory

manner. The current state of allocated frequency bands shall be made publicly available, but

detailed identification of frequencies allocated for specific government uses is not required.

2. The Parties understand that decisions on allocating and assigning spectrum and frequency

management are not measures that are _per se_ inconsistent with Articles 8.5 (Market Access) and

8.10 (Market Access). Accordingly, each Party retains the right to exercise its spectrum and

frequency management policies, which may affect the number of suppliers of public

telecommunications services, provided that this is done in a manner that is consistent with this

Chapter. The Parties also retain the right to allocate frequency bands in a manner that takes existing

and future needs into account.

ARTICLE 8.43

Enforcement

1. Each Party shall ensure that its telecommunications regulatory body maintains appropriate

procedures and has the authority to enforce domestic measures relating to the obligations under this

Sub-Section. Such procedures and authority shall include the ability to impose timely, proportionate

and effective sanctions, and the ability to modify, suspend, and revoke licences.

EU/SG/en 133

2. Where a major supplier refuses the application of the rights and obligations provided for in

Article 8.29 (Interconnection with Major Suppliers), Article 8.30 (Conduct of Major Suppliers),

Article 8.31 (Competitive Safeguards on Major Suppliers), Article 8.32 (Unbundled Network

Elements), Article 8.33 (Co-location), Article 8.34 (Resale), Article 8.35 (Facility Sharing) or

Article 8.36 (Provisioning of Leased Circuit Services), the requesting service supplier may seek the

intervention of the regulatory body, which shall issue, in accordance with its domestic law, a

binding decision, in the shortest possible period of time, and in any case within a reasonable period

of time.

ARTICLE 8.44

Resolution of Telecommunications Disputes

1. Each Party shall ensure that suppliers of public telecommunications networks or services of

the other Party have timely recourse to a telecommunications regulatory body or other relevant

body to resolve disputes arising under domestic measures that address a matter set out in this

Sub-Section.

2. Each Party shall ensure that any supplier of public telecommunications networks or services

of the other Party that is affected by a decision of its telecommunications regulatory body may

appeal against that decision to a judicial or administrative authority independent of the parties

involved.

3. Where the appeal body is not judicial in character, written reasons for its decision shall be

given and its decision shall be subject to review by an impartial and independent judicial authority.

EU/SG/en 134

4. Decisions taken by appeal bodies shall be effectively implemented by the parties concerned in

accordance with the applicable domestic law and internal procedures. An appeal shall not relieve a

party concerned of its obligation to comply with the underlying regulatory decision unless an

appropriate authority has stayed that regulatory decision.

ARTICLE 8.45

Transparency

When regulatory bodies intend to take measures related to the provisions of this Sub-Section, they

shall give interested parties the opportunity to comment on the draft measure within a reasonable

period of time, in accordance with their domestic law. Regulatory bodies shall make their

consultation procedures for such draft measures publicly available. The results of the consultation

procedure should be made publicly available by the regulatory body except in the case of

confidential information in accordance with the domestic law on business confidentiality.

ARTICLE 8.46

Flexibility in the Choice of Technologies

Neither Party shall prevent suppliers of public telecommunications services from having the

flexibility to choose the technologies that they use to supply their services, subject to the ability of

each Party to take measures to ensure that end-users of different networks are able to communicate

with each other.

EU/SG/en 135

ARTICLE 8.47

Relationship to other Sub-Sections, Sections and Chapters

In the event of any inconsistency between this Sub-Section and another Sub-Section or Section in

this Chapter or another Chapter, this Sub-Section shall prevail to the extent of such inconsistency.

ARTICLE 8.48

Cooperation

1. The Parties, recognising the rapid development of the telecommunications and information

technology industry, both in the domestic and international contexts, shall cooperate to promote the

development of such services with a view to obtaining the maximum benefit for the Parties from the

use of telecommunications and information technology.

2. The areas of cooperation may include the following:

(a) exchanging views on policy issues such as the regulatory framework for high speed

broadband networks and the reduction of international mobile roaming charges; and

(b) promoting the use by consumers, the public sector and the private sector of

telecommunications and information technology services, including newly emerging services.

EU/SG/en 136

3. The forms of cooperation may include the following:

(a) promoting dialogue on policy issues;

(b) enhancing cooperation in international fora relating to telecommunications and information

technology; and

(c) other forms of cooperation activities.

SUB-SECTION 6

FINANCIAL SERVICES

ARTICLE 8.49

Scope and Definitions

1. This Sub-Section sets out the principles of the regulatory framework for all financial services

liberalised pursuant to Sections B (Cross-border Supply of Services), C (Establishment) and D

(Temporary Presence of Natural Persons for Business Purposes).

EU/SG/en 137

2. For the purposes of this Sub-Section:

(a) "financial service" means any service of a financial nature, including a service incidental or

auxiliary to a service of a financial nature, offered by a financial service supplier of a Party;

financial services include the following activities:

(i) insurance and insurance-related services:

(1) direct insurance (including co-insurance):

(aa) life insurance;

(bb) non-life insurance;

(2) reinsurance and retrocession;

(3) insurance inter-mediation, such as brokerage and agency; and

(4) services auxiliary to insurance, such as consultancy, actuarial, risk assessment and

claim settlement services;

and

(ii) banking and other financial services (excluding insurance):

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

EU/SG/en 138

(2) lending of all types, including consumer credit, mortgage credit, factoring and

financing of commercial transaction;

(3) financial leasing;

(4) all payment and money transmission services, including credit, charge and debit

cards, travellers cheques and bankers drafts;

(5) guarantees and commitments;

(6) the trading on own account or for the account of customers, whether on an

exchange, in an over-the-counter market or otherwise, of the following:

(aa) money market instruments (including cheques, bills, certificates of

deposits);

(bb) foreign exchange;

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

(dd) exchange rate and interest rate instruments, including products such as

swaps, forward rate agreements;

(ee) transferable securities;

EU/SG/en 139

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

(7) the participation in issues of securities of all kinds, including underwriting and

placement as agent, whether publicly or privately, and provision of services

related to such issues;

(8) money broking;

(9) asset management, such as cash or portfolio management, any form of collective

investment management, pension fund management, custodial, depository and

trust services;

(10) settlement and clearing services for financial assets, including securities,

derivative products, and other negotiable instruments;

(11) the provision and transfer of financial information, and the provision of financial

data processing and related software by suppliers of other financial services; and

(12) advisory, intermediation and other auxiliary financial services on all the activities

listed in subparagraphs (1) to (11), including credit reference and analysis,

investment and portfolio research and advice, advice on acquisitions and on

corporate restructuring and strategy;

EU/SG/en 140

(b) "financial service supplier" means any natural or juridical person of a Party that is engaged or

is seeking to engage in the business of supplying financial services within the territory of that

Party but does not include a public entity;

(c) "new financial service" means a service of a financial nature, including services related to

existing and new products or the manner in which a product is delivered, that is not supplied

by any financial service supplier in the territory of a Party but which is supplied in the

territory of the other Party;

(d) "public entity" means:

(i) a government, central bank or monetary authority of a Party, or an entity owned or

controlled by a Party, that is principally engaged in carrying out governmental functions

or activities for governmental purposes, other than an entity principally engaged in

supplying financial services on commercial terms; or

(ii) a private entity, performing functions normally performed by a central bank or

monetary authority, when exercising those functions; and

(e) "self-regulatory organisation" means any non-governmental body, including any securities or

futures exchange or market, clearing agency, or other organisation or association, that

exercises regulatory or supervisory authority over financial service suppliers by statute or

delegation from central, regional or local governments or authorities.

EU/SG/en 141

ARTICLE 8.50

Prudential Carve-out

1. Nothing in this Agreement shall be construed to prevent a Party from adopting or maintaining

reasonable measures for prudential reasons, such as:

(a) the protection of investors, depositors, policy-holders or persons to whom a fiduciary duty is

owed by a financial service supplier;

(b) the maintenance of the safety, soundness, integrity or financial responsibility of financial

service suppliers; or

(c) ensuring the integrity and stability of the Party's financial system.

2. These measures shall not be more burdensome than necessary to achieve their aim, and shall

not constitute a means of arbitrary or unjustifiable discrimination against financial service suppliers

of the other Party in comparison to its own like financial service suppliers, or a disguised restriction

on trade in services.

3. Nothing in this Agreement shall be construed as requiring a Party to disclose information

relating to the affairs and accounts of individual consumers or to disclose any confidential or

proprietary information in the possession of public entities.

EU/SG/en 142

4. Each Party shall use its best endeavours to ensure that the Basel Committee's "Core Principles

for Effective Banking Supervision", the standards and principles of the International Association of

Insurance Supervisors and the International Organisation of Securities Commissions' "Objectives

and Principles of Securities Regulation", and the internationally agreed Standard for transparency

and exchange of information for tax purposes, as spelled out in the 2017 OECD Model Tax

Convention on Income and on Capital, are implemented and applied in its territory.

5. Subject to Article 8.6 (National Treatment) and without prejudice to other means of prudential

regulation of cross-border trade in financial services, a Party may require the registration or

authorisation of cross-border financial service suppliers of the other Party and of financial

instruments.

ARTICLE 8.51

Self-regulatory Organisations

When membership or participation in, or access to, any self-regulatory organisation is required by a

Party in order for financial service suppliers of the other Party to supply financial services in or into

the territory of the first Party, the Party shall ensure observance of the obligations under Article 8.6

(National Treatment) and Article 8.11 (National Treatment) by such self-regulatory organisation.

EU/SG/en 143

ARTICLE 8.52

Payment and Clearing Systems

Under terms and conditions that accord national treatment, each Party shall, as permitted by its

access criteria, grant to financial service suppliers of the other Party that are established in its

territory and regulated or supervised as financial service suppliers under its domestic law, access to

payment and clearing systems operated by public entities and to official funding and refinancing

facilities available in the normal course of ordinary business. This Article is not intended to confer

access to a Party's lender-of-last-resort facilities.

ARTICLE 8.53

New Financial Services

Each Party shall permit a financial service supplier of the other Party to supply any new financial

service that the first Party would permit its own like financial service suppliers to supply without

additional legislative action required by the first Party. Each Party may determine the institutional

and juridical form through which the new financial service may be supplied and may require

authorisation for the supply of the service. Where a Party requires such authorisation, a decision

shall be made within a reasonable time and the authorisation may only be refused for prudential

reasons under Article 8.50 (Prudential Carve-out).

EU/SG/en 144

ARTICLE 8.54

Data Processing

1. Each Party shall, subject to appropriate safeguards on privacy and confidentiality, permit a

financial service supplier of the other Party to transfer information in electronic or other form, into

and out of its territory, for data processing, where such processing is required in the ordinary course

of business of such financial service supplier.

2. Each Party shall adopt or maintain appropriate safeguards to protect privacy and personal

data, including individual records and accounts, as long as these safeguards are not used to

circumvent the provisions of this Agreement.

ARTICLE 8.55

Specific Exceptions

1. Nothing in this Chapter shall be construed as preventing a Party, including its public entities,

from exclusively conducting or providing activities or services in its territory that form part of a

public retirement plan or statutory system of social security, except where those activities may be

carried out, by financial service suppliers in competition with public entities or private institutions,

as provided by the Party's domestic regulation.

EU/SG/en 145

2. Nothing in this Agreement applies to activities conducted by a central bank or monetary

authority or by any other public entity in pursuit of monetary or exchange rate policies.

3. Nothing in this Chapter shall be construed as preventing a Party, including its public entities,

from exclusively conducting or providing activities or services in its territory for the account or

with the guarantee or using the financial resources of the Party, or its public entities, except where

that Party's domestic regulation provides that those activities may be carried out by financial service

suppliers in competition with public entities or private institutions.

SUB-SECTION 7

INTERNATIONAL MARITIME TRANSPORT SERVICES

ARTICLE 8.56

Scope, Definitions and Principles

1. This Sub-Section sets out the principles regarding the liberalisation of international maritime

transport services pursuant to Sections B (Cross-border Supply of Services), C (Establishment) and

D (Temporary Presence of Natural Persons for Business Purposes).

EU/SG/en 146

2. For the purposes of this Sub-Section, "international maritime transport" includes door-to-door

and multi-modal transport operations, which means the carriage of goods using more than one mode

of transport, and which involves a sea-leg, where such carriage takes place under a single transport

document, and to this effect involves the right to contract directly with providers of other modes of

transport.

3. As regards international maritime transport, the Parties agree to ensure the effective

application of the principles of unrestricted access to cargoes on a commercial basis, the freedom to

supply international maritime transport services, as well as national treatment in the framework of

the supply of such services.

In view of the existing levels of liberalisation between the Parties in international maritime

transport:

(a) the Parties shall effectively apply the principle of unrestricted access to the international

maritime transport markets and trades on a commercial and non-discriminatory basis; and

(b) each Party shall grant to ships flying the flag of the other Party or operated by service

suppliers of the other Party treatment no less favourable than the treatment that the granting

Party accords to its own ships or those of any third country, whichever is better, with regard

to, _inter alia_, access to ports, the use of infrastructure and auxiliary maritime services of the

ports, as well as with regard to related fees and charges, customs facilities and access to berths

and facilities for loading and unloading.

EU/SG/en 147

4. In applying these principles, the Parties shall:

(a) not introduce cargo-sharing arrangements in future agreements with third countries

concerning maritime transport services, including dry and liquid bulk and liner trade, and

shall terminate, within a reasonable period of time, any such cargo-sharing arrangements that

exist in previous agreements; and

(b) upon the entry into force of this Agreement, abolish and abstain from introducing any

unilateral measures **[1]** or administrative, technical and other obstacles which could constitute a

disguised restriction or could have discriminatory effects on the free supply of services in

international maritime transport.

5. Each Party shall permit international maritime transport service suppliers of the other Party to

have an establishment in its territory under conditions of establishment and operation in accordance

with the conditions inscribed in its Schedule of Specific Commitments.

6. The Parties shall make the use of the following services at the port available to international

maritime transport suppliers of the other Party on reasonable and non-discriminatory terms and

conditions:

(a) pilotage;

(b) towing and tug assistance;

**1** For the purposes of this subparagraph, the term "measures" shall comprise only measures that
adversely discriminate based on the nationality or geographic area(s) of origin of the natural
or juridical person to which the measure is applied.

EU/SG/en 148

(c) provisioning;

(d) fuelling and watering;

(e) garbage collecting and ballast waste disposal;

(f) port captain's services;

(g) navigation aids;

(h) shore-based operational services that are essential to ship operations, including

communications, water and electrical supplies; and

(i) emergency repair facilities, anchorage, berth and berthing services.

SECTION F

ELECTRONIC COMMERCE

ARTICLE 8.57

Objectives

1. The Parties, recognising that electronic commerce increases trade opportunities in many

sectors, agree on the importance of facilitating its use and development and the applicability of

WTO rules to electronic commerce.

EU/SG/en 149

2. The Parties agree to promote the development of electronic commerce between them, in

particular by cooperating on the issues raised by electronic commerce under the provisions of this

Chapter. Within this context both Parties should avoid imposing unnecessary regulations or

restrictions on electronic commerce.

3. The Parties recognise the importance of the free flow of information on the internet, while

agreeing that this should not impair the rights of intellectual property owners, given the importance

of protecting intellectual property rights on the internet.

4. The Parties agree that the development of electronic commerce must be fully compatible with

international standards of data protection, in order to ensure the confidence of users of electronic

commerce.

ARTICLE 8.58

Customs Duties

The Parties shall not impose customs duties on electronic transmissions.

EU/SG/en 150

ARTICLE 8.59

Electronic Supply of Services

For greater certainty, the Parties affirm that measures related to the supply of a service using

electronic means falls within the scope of the obligations contained in the relevant provisions of this

Chapter, subject to any exceptions applicable to such obligations.

ARTICLE 8.60

Electronic Signatures

1. The Parties shall take steps to facilitate the better understanding of each other's electronic

signatures framework and, subject to relevant domestic conditions and legislation, to examine the

feasibility of having a mutual recognition agreement on electronic signatures in the future.

2. In achieving the objectives of paragraph 1, each Party shall:

(a) facilitate, as much as possible, the representation of the other Party in available fora on

electronic signatures organised formally or informally by its own competent authorities, by

allowing the other Party to present its electronic signatures framework;

(b) encourage, as much as possible, the exchange of views on electronic signatures through

dedicated seminars and expert meetings in areas such as security and interoperability; and

EU/SG/en 151

(c) contribute, as much as possible, to the other Party's efforts to study and analyse its own

framework by making available relevant information.

ARTICLE 8.61

Regulatory Cooperation on Electronic Commerce

1. The Parties shall maintain a dialogue on regulatory issues raised by electronic commerce,

which will, _inter alia_, address the following issues:

(a) the recognition of certificates of electronic signatures issued to the public and the facilitation

of cross-border certification services;

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

information;

(c) the treatment of unsolicited electronic commercial communications;

(d) the protection of consumers; and

(e) any other issue relevant for the development of electronic commerce.

EU/SG/en 152

2. This cooperation may take the form of an exchange of information on the Parties' respective

legislation on these issues as well as on the implementation of such legislation.

SECTION G

GENERAL PROVISIONS

ARTICLE 8.62

General Exceptions

Subject to the requirement that such measures are not applied in a manner which would constitute a

means of arbitrary or unjustifiable discrimination against the other Party where like conditions

prevail, or a disguised restriction on establishment or cross-border supply of services, nothing in

this Chapter shall be construed to prevent the adoption or enforcement by a Party of measures:

(a) necessary to protect public security or public morals or to maintain public order **[1]** ;

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

**1** The public order exception may be invoked only where a genuine and sufficiently serious
threat is posed to one of the fundamental interests of society.

EU/SG/en 153

(c) relating to the conservation of exhaustible natural resources if such measures are applied in

conjunction with restrictions on domestic entrepreneurs or on the domestic supply or

consumption of services;

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

(e) necessary to secure compliance with laws or regulations which are not inconsistent with the

provisions of this Chapter, including those relating to:

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

default on contracts;

(ii) the protection of the privacy of individuals in relation to the processing and

dissemination of personal data and the protection of confidentiality of individual records

and accounts; or

(iii) safety;

or

EU/SG/en 154

(f) inconsistent with Article 8.6 (National Treatment) and Article 8.11 (National Treatment),

provided that the difference in treatment is aimed at ensuring the effective or equitable

imposition or collection of direct taxes in respect of economic activities, entrepreneurs or

service suppliers of the other Party. **[1]**

**1** Measures that are aimed at ensuring the effective or equitable imposition or collection of
direct taxes include measures taken by a Party under its taxation system which:
(a) apply to non-resident entrepreneurs and service suppliers in recognition of the fact that
the tax obligation of non-residents is determined with respect to taxable items sourced
or located in the Party's territory;
(b) apply to non-residents in order to ensure the imposition or collection of taxes in the
Party's territory;
(c) apply to non-residents or residents in order to prevent the avoidance or evasion of taxes,
including compliance measures;
(d) apply to consumers of services supplied in or from the territory of the other Party in
order to ensure the imposition or collection of taxes on such consumers derived from
sources in the Party's territory;
(e) distinguish entrepreneurs and service suppliers subject to tax on worldwide taxable
items from other entrepreneurs and service suppliers, in recognition of the difference in
the nature of the tax base between them; or
(f) determine, allocate or apportion income, profit, gain, loss, deduction or credit of
resident persons or branches, or between related persons or branches of the same
person, in order to safeguard the Party's tax base.
Tax terms or concepts in subparagraph (f) and in this footnote are determined according to tax
definitions and concepts, or equivalent or similar definitions and concepts, under the domestic
law of the Party taking the measure.

EU/SG/en 155

ARTICLE 8.63

Review

With a view to further deepening liberalisation and eliminating remaining restrictions and ensuring

an overall balance of rights and obligations, the Parties shall review this Chapter and their

Schedules of Specific Commitments no later than three years after the entry into force of this

Agreement, and at regular intervals thereafter. As a result of such review, the Committee on Trade

in Services, Investment and Government Procurement established pursuant to

Article 16.2 (Specialised Committees) may decide to amend the relevant Schedules of Specific

Commitments.

ARTICLE 8.64

Committee on Trade in Services, Investment and Government Procurement

1. The Committee on Trade in Services, Investment and Government Procurement shall be

responsible for the effective implementation of this Chapter and to that end it shall:

(a) regularly review the implementation of this Chapter by each Party and the Schedules of

Specific Commitments in accordance with Article 8.63 (Review);

(b) as appropriate, take decisions pursuant to Article 8.63 (Review) amending the Appendices to

Annexes 8-A and 8-B; and

EU/SG/en 156

(c) consider any matter in relation to this Chapter as the Parties may agree.

2. The responsibilities of the Committee on Trade in Services, Investment and Government

Procurement in relation to Chapter Nine (Government Procurement) are set out in

Article 9.19 (Responsibilities of the Committee).

CHAPTER NINE

GOVERNMENT PROCUREMENT

ARTICLE 9.1

Definitions

For the purposes of this Chapter:

(a) "commercial goods and services" means goods and services of a type generally sold or

offered for sale in the commercial marketplace to, and customarily purchased by,

non-governmental buyers for non-governmental purposes;

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(b) "competitive activity" means, in the case of the Union:

(i) an activity, performed within the territory of a Member State of the Union, which is

directly exposed to competition in markets to which access is not restricted; and

(ii) a competent authority in the Union has adopted a decision establishing the applicability

of paragraph (i);

for the purposes of subparagraph (b)(i), the question of whether an activity is directly exposed

to competition shall be decided on the basis of the characteristics of the goods or services

concerned, the existence of alternative goods or services, and their prices and the actual or

potential presence of more than one supplier of the goods or services in question;

(c) "construction services" means a service that has as its objective the realisation by whatever

means of civil or building works as defined in Division 51 of the Provisional UN Central

Product Classification (CPC);

(d) "corrective action" means, in the context of domestic review procedures, either setting aside

or ensuring the setting aside of decisions that were taken unlawfully by a procuring entity,

including the removal of discriminatory technical, economic or financial specifications in the

invitation to tender, the contract documents or any other document relating to the tendering

procedure;

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(e) "electronic auction" means an iterative process that involves the use of electronic means for

the presentation by suppliers of either new prices, or new values for quantifiable non-price

elements of the tender related to the evaluation criteria, or both, resulting in a ranking or

re-ranking of tenders;

(f) "in writing" or "written" means any worded or numbered expression that can be read,

reproduced, and later communicated; it may include electronically transmitted and stored

information;

(g) "juridical person" is understood as provided for in paragraph (b) of Article 8.2 (Definitions);

(h) a "Union juridical person" or a "Singapore juridical person" is understood as provided for in

paragraph (c) of Article 8.2 (Definitions);

(i) "limited tendering" means a procurement method where the procuring entity contacts a

supplier or suppliers of its choice;

(j) "locally established" means a juridical person which is established in one Party and which is

owned or controlled by natural or juridical persons of the other Party;

a juridical person is:

(i) "owned" by natural or juridical persons of the other Party if more than 50 per cent of the

equity interest in that juridical person is beneficially owned by persons of the other

Party; and

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(ii) "controlled" by natural or juridical persons of the other Party if such persons have the

power to name a majority of the directors of that juridical person or otherwise to legally

direct its actions;

(k) "measure" means any law, regulation, procedure, administrative guidance or practice, or any

action of a procuring entity relating to a covered procurement;

(l) "multi-use list" means a list of suppliers that a procuring entity has determined satisfies the

conditions for participation in that list, and that the procuring entity intends to use more than

once;

(m) "notice of intended procurement" means a notice published by a procuring entity inviting

interested suppliers to submit a request for participation, a tender, or both;

(n) "offsets" means any condition or undertaking that encourages local development or improves

a Party's balance-of-payments accounts, such as the use of domestic content, the licensing of

technology, investment, counter-trade, and similar actions or requirements;

(o) "open tendering" means a procurement method where all interested suppliers may submit a

tender;

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(p) "privatised" means, in the case of Singapore, an entity that has been reconstituted from a

procuring entity or part thereof to be a legal person acting in accordance with commercial

considerations in the procurement of goods and that is no longer entitled to exercise

governmental authority, even though the government possesses holdings thereof or appoints

members of the Board of Directors thereto;

for greater certainty, where the government of a Party possesses holdings thereof or appoints a

government official to the board of directors of a privatised entity, that entity is deemed to act

in accordance with commercial considerations in its purchase of goods and services, such as

with regard to the availability, price and quality of the goods and services if the government

or the government official so appointed does not directly or indirectly influence or direct the

decisions of the board of directors in relation to the entity's procurement of goods and

services;

(q) "procuring entity" means an entity covered under Annexes 9-A, 9-B or 9-C;

(r) "qualified supplier" means a supplier that a procuring entity recognises as having satisfied the

conditions for participation;

(s) "Revised GPA" means the text of the Agreement on Government Procurement, as amended

by the Protocol Amending the Agreement on Government Procurement, done at Geneva on

30 March 2012;

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(t) "selective tendering" means a procurement method where only qualified suppliers are invited

by the procuring entity to submit a tender;

(u) "services" includes construction services, unless otherwise specified;

(v) "standard" means a document that has been approved by a recognised body and that provides,

for common and repeated use, rules, guidelines, or characteristics for goods or services, or

related processes and production methods, with which compliance is not mandatory; it may

also include or deal exclusively with terminology, symbols, packaging, marking, or labelling

requirements as they apply to a good, service, process, or production method;

(w) "supplier" means a person or group of persons of either Party, as applicable, that provides or

could provide goods or services; and

(x) "technical specification" means a tendering requirement that:

(i) lays down the characteristics of goods or services to be procured, including quality,

performance, safety, and dimensions, or the processes and methods for their production

or provision; or

(ii) addresses terminology, symbols, packaging, marking, or labelling requirements, as they

apply to a good or service.

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ARTICLE 9.2

Scope and Coverage

Application of this Chapter

1. This Chapter applies to any measure regarding covered procurement, whether or not it is

conducted exclusively or partially by electronic means.

2. For the purposes of this Chapter, "covered procurement" means procurement for

governmental purposes:

(a) of goods, services, or any combination thereof:

(i) as specified in each Party's Section of Annexes 9-A to 9-G; and

(ii) not procured with a view to commercial sale or resale, or for use in the production or

supply of goods or services for commercial sale or resale;

(b) by any contractual means, including purchase, lease, and rental or hire purchase with or

without an option to buy, and any public-private partnership contracts as defined in

Annex 9-I;

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(c) for which the value, as estimated in accordance with paragraphs 6 to 8, equals or exceeds the

relevant threshold specified in Annexes 9-A to 9-G at the time of publication of a notice in

accordance with Article 9.6 (Notices);

(d) by a procuring entity; and

(e) that is not otherwise excluded from coverage in paragraph 3 or in a Party's Section of

Annexes 9-A to 9-G.

3. Except where provided otherwise in Annexes 9-A to 9-G, this Chapter does not apply to:

(a) the acquisition or rental of land, existing buildings, or other immovable property or the rights

thereon;

(b) non-contractual agreements or any form of assistance that a Party provides, including

cooperative agreements, grants, loans, equity infusions, guarantees, and fiscal incentives;

(c) the procurement or acquisition of fiscal agency or depository services, liquidation and

management services for regulated financial institutions, or services related to the sale,

redemption and distribution of public debt, including loans and government bonds, notes and

other securities;

(d) public employment contracts;

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(e) procurement conducted:

(i) for the specific purpose of providing international assistance, including development

aid;

(ii) under the particular procedure or condition of an international agreement relating to the

stationing of troops or relating to the joint implementation by the signatory countries of

a project; or

(iii) under the particular procedure or condition of an international organisation, or funded

by international grants, loans, or other assistance, where the applicable procedure or

condition would be inconsistent with this Chapter.

4. Each Party shall specify the following information in Annexes 9-A to 9-G:

(a) in Annex 9-A, the central government entities whose procurement is covered by this Chapter;

(b) in Annex 9-B, the sub-central entities whose procurement is covered by this Chapter;

(c) in Annex 9-C, all other entities whose procurement is covered by this Chapter;

(d) in Annex 9-D, the goods covered by this Chapter;

(e) in Annex 9-E, the services, other than construction services, covered by this Chapter;

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(f) in Annex 9-F, the construction services covered by this Chapter; and

(g) in Annex 9-G, any general notes.

5. Where a procuring entity, in the context of covered procurement, requires persons who are not

listed in Annexes 9-A to 9-C to procure in accordance with particular requirements, Article 9.4

(General Principles) shall apply _mutatis mutandis_ to such requirements.

Valuation

6. In estimating the value of a procurement for the purpose of ascertaining whether it is a

covered procurement, a procuring entity shall:

(a) neither divide a procurement into separate procurements nor select or use a particular

valuation method for estimating the value of a procurement with the intention of totally or

partially excluding it from the application of this Chapter; and

(b) include the estimated maximum total value of the procurement over its entire duration,

whether awarded to one or more suppliers, taking into account all forms of remuneration,

including:

(i) premiums, fees, commissions, and interest; and

(ii) where the procurement provides for the possibility of options, the total value of such

options.

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7. Where an individual requirement for a procurement results in the award of more than one

contract, or in the award of contracts in separate parts (hereafter referred to as "recurring

procurements"), the calculation of the estimated maximum total value shall be based on:

(a) the value of recurring procurements of the same type of good or service awarded during the

preceding twelve months or the procuring entity's preceding fiscal year, adjusted where

possible to take into account anticipated changes in the quantity or value of the good or

service being procured over the subsequent twelve months; or

(b) the estimated value of recurring procurements of the same type of good or service to be

awarded during the twelve months subsequent to the initial contract award or the procuring

entity's fiscal year.

8. In the case of procurement by lease, rental, or hire purchase of goods or services, or

procurement for which a total price is not specified, the basis for valuation shall be:

(a) in the case of a fixed-term contract:

(i) where the term of the contract is twelve months or less, the total estimated maximum

value for its duration; or

(ii) where the term of the contract exceeds twelve months, the total estimated maximum

value, including any estimated residual value;

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(b) where the contract is for an indefinite period, the estimated monthly instalment multiplied

by 48; and

(c) where it is not certain whether the contract is to be a fixed-term contract, subparagraph (b)

shall be used.

ARTICLE 9.3

Security and General Exceptions

1. Nothing in this Chapter shall be construed as preventing a Party from taking any action or

from not disclosing any information that it considers necessary for the protection of its essential

security interests relating to the procurement of arms, ammunition, or war materials, or to

procurement indispensable for national security or for national defence purposes.

2. Subject to the requirement that such measures are not applied in a manner that would

constitute a means of arbitrary or unjustifiable discrimination between the Parties where the same

conditions prevail, or a disguised restriction on international trade, nothing in this Chapter shall be

construed to prevent any Party from imposing or enforcing measures:

(a) necessary to protect public morals, order, or safety;

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

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(c) necessary to protect intellectual property; or

(d) relating to goods or services of persons with disabilities, philanthropic institutions, or prison

labour.

ARTICLE 9.4

General Principles

National Treatment and Non-Discrimination

1. With respect to any measure regarding covered procurement, each Party, including its

procuring entities, shall immediately and unconditionally accord to the goods and services of the

other Party and to the suppliers of the other Party treatment no less favourable than the treatment

the Party, including its procuring entities, accords to domestic goods, services, and suppliers.

2. With respect to any measure regarding covered procurement, a Party, including its procuring

entities, shall not:

(a) treat a locally established supplier of the other Party less favourably than another locally

established supplier on the basis of degree of foreign affiliation or ownership; or

(b) discriminate against a locally established supplier on the basis that the goods or services

offered by that supplier for a particular procurement are goods or services of the other Party.

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Use of Electronic Means

3. When conducting covered procurement by electronic means, procuring entities shall:

(a) ensure that the procurement is conducted using information technology systems and software,

including those related to authentication and encryption of information, that are generally

available and interoperable with other generally available information technology systems and

software; and

(b) maintain mechanisms that ensure the integrity of requests for participation and tenders,

including establishment of the time of receipt and the prevention of inappropriate access.

Conduct of Procurement

4. Procuring entities shall conduct covered procurement in a transparent and impartial manner

that:

(a) is consistent with this Chapter, using methods such as open tendering, selective tendering, and

limited tendering;

(b) avoids conflicts of interest; and

(c) prevents corrupt practices.

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Rules of Origin

5. For the purposes of covered procurement, neither Party may apply rules of origin to goods or

services imported from or supplied from the other Party that are different from the rules of origin

the Party applies at the same time in the normal course of trade to imports or supplies of the same

goods or services from the other Party.

Offsets

6. With regard to covered procurement, a Party, including its procuring entities, shall not seek,

take account of, impose, or enforce any offsets.

Measures Not Specific to Procurement

7. Paragraphs 1 and 2 shall not apply to customs duties and charges of any kind imposed on, or

in connection with, importation, the method of levying such duties and charges, other import

regulations or formalities, and measures affecting trade in services other than measures governing

covered procurement.

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ARTICLE 9.5

Information on the Procurement System

1. Each Party shall:

(a) promptly publish any law, regulation, judicial decision, administrative ruling of general

application, standard contract clause mandated by law or regulation and incorporated by

reference in notices or tender documentation, and any procedure regarding covered

procurement, and any modifications thereof, in an officially designated electronic or paper

medium that is widely disseminated and remains readily accessible to the public; and

(b) provide an explanation thereof to the other Party on request.

2. Each Party shall list in Annex 9-H:

(a) the electronic or paper media in which the Party publishes the information described in

paragraph 1; and

(b) the electronic or paper media in which the Party publishes the notices required by

Article 9.6 (Notices), paragraph 8 of Article 9.8 (Qualification of Suppliers), and paragraph 2

of Article 9.15 (Transparency of Procurement Information).

3. Each Party shall promptly notify the Committee on Trade in Services, Investment and

Government Procurement established pursuant to Article 16.2 (Specialised Committees) of any

modification to the media of information listed in Annex 9-H.

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ARTICLE 9.6

Notices

Notice of Intended Procurement

1. For each covered procurement, a procuring entity shall publish a notice of intended

procurement, which shall be directly accessible by electronic means, free of charge, through a

single point of access, except in the circumstances described in Article 9.12 (Limited Tendering).

The notice of intended procurement shall remain readily accessible to the public, at least until the

expiration of the time-period indicated in the notice. The appropriate electronic medium shall be

listed by each Party in its Section of Annex 9-H.

2. Except as otherwise provided in this Chapter, each notice of intended procurement shall

include:

(a) the name and address of the procuring entity, and other information necessary to contact the

procuring entity and obtain all relevant documents relating to the procurement, and their cost

and terms of payment, if any;

(b) a description of the procurement, including the nature and the quantity of the goods or

services to be procured or, where the quantity is not known, the estimated quantity;

(c) for recurring contracts, an estimate, if possible, of the timing of subsequent notices of

intended procurement;

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(d) a description of any options;

(e) the time-frame for delivery of goods or services or the duration of the contract;

(f) the procurement method that will be used and whether it will involve negotiation or electronic

auction;

(g) where applicable, the address and any final date for the submission of requests for

participation in the procurement;

(h) the address and the final date for the submission of tenders;

(i) the language or languages in which tenders or requests for participation may be submitted, if

they may be submitted in a language other than an official language at the place where the

procuring entity is located;

(j) a list and brief description of any conditions for participation of suppliers, including any

requirements for specific documents or certifications to be provided by suppliers in

connection therewith, unless such requirements are included in tender documentation that is

made available to all interested suppliers at the same time as the notice of intended

procurement;

(k) where the procuring entity intends to select a limited number of qualified suppliers to be

invited to tender pursuant to Article 9.8 (Qualification of Suppliers), the criteria that will be

used to select those suppliers and, where applicable, any limitation on the number of suppliers

that will be permitted to tender; and

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(l) an indication that the procurement is covered by this Agreement.

Summary Notice

3. For each case of intended procurement, a procuring entity shall publish a summary notice that

is readily accessible in one of the WTO languages at the same time as the publication of the notice

of intended procurement. The notice shall contain at least the following information:

(a) the subject-matter of the procurement;

(b) the final date for the submission of tenders or, where applicable, any final date for the

submission of requests for participation in the procurement or for inclusion on a multi-use list;

and

(c) the address from which documents relating to the procurement may be requested.

Notice of Planned Procurement

4. Procuring entities are encouraged to publish by electronic means through the single point of

access used for the publication of notices of intended procurement as early as possible in each fiscal

year a notice regarding their future procurement plans (hereinafter referred to as a "notice of

planned procurement"). That notice of planned procurement should include the subject-matter of the

procurement and the planned date of the publication of the notice of intended procurement.

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5. Procuring entities covered by Annexes 9-B or 9-C may use a notice of planned procurement

as a notice of intended procurement, provided that the notice of planned procurement includes as

much of the information referred to in paragraph 2 as is available and a statement that interested

suppliers should express their interest in the procurement to the procuring entity.

ARTICLE 9.7

Conditions for Participation

1. Procuring entities shall limit the conditions for participation in a given procurement to those

that are essential to ensure that a supplier has the legal, commercial, technical, and financial ability

to undertake the relevant procurement.

2. In establishing the conditions for participation, procuring entities:

(a) shall not impose the condition that, in order for a supplier to participate in a procurement, the

supplier has previously been awarded one or more contracts by a procuring entity of a Party,

or that the supplier has prior experience in the territory of that Party; but

(b) may require relevant prior experience where essential to meet the requirements of the

procurement.

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3. In assessing whether a supplier satisfies the conditions for participation, procuring entities:

(a) shall evaluate the financial capacity and the commercial and technical abilities of a supplier

on the basis of that supplier's business activities both inside and outside the territory of the

Party of the procuring entity; and

(b) shall base their evaluation on the conditions that they specified in advance in notices or tender

documentation.

4. Where there is supporting evidence, a Party, including its procuring entities, may exclude a

supplier on grounds such as:

(a) bankruptcy;

(b) false declarations;

(c) significant or persistent deficiencies in performance of any substantive requirement or

obligation under a prior contract or contracts;

(d) final judgments in respect of serious crimes or other serious offences;

(e) professional misconduct or acts or omissions that adversely reflect upon the commercial

integrity of the supplier; or

(f) failure to pay taxes.

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ARTICLE 9.8

Qualification of Suppliers

Registration Systems and Qualification Procedures

1. Each Party, including its procuring entities, may maintain a supplier registration system under

which interested suppliers are required to register and provide certain information.

2. Each Party shall ensure that:

(a) its procuring entities make efforts to minimise differences in their qualification procedures;

and

(b) where its procuring entities maintain registration systems, those procuring entities make

efforts to minimise differences in their registration systems.

3. Neither Party, including its procuring entities, shall adopt or apply any registration system or

qualification procedure with the purpose or the effect of creating unnecessary obstacles to the

participation of suppliers of the other Party in its procurement.

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Selective Tendering

4. Where a procuring entity intends to use selective tendering, that procuring entity shall:

(a) in the notice of intended procurement include at least the information in subparagraphs 2(a),

(b), (f), (g), (j), (k), and (l) of Article 9.6 (Notices) and invite suppliers to submit a request for

participation; and

(b) by the commencement of the time period for tendering, provide at least the information in

subparagraphs 2(c), (d), (e), (h), and (i) of Article 9.6 (Notices) to the qualified suppliers that

it notifies in accordance with subparagraph 3(b) of Article 9.10 (Time Periods).

5. Procuring entities shall allow all qualified suppliers to participate in a particular procurement,

unless the procuring entity sets a limit in the notice of intended on the number of suppliers that will

be permitted to tender and states the criteria for selecting the limited number of suppliers. In any

case, the number of suppliers permitted to submit a tender shall be sufficient to ensure competition

without affecting the operational efficiency of the procurement system.

6. Where the tender documentation is not made publicly available from the date of publication

of the notice referred to in paragraph 4, the procuring entity shall ensure that those documents are

made available at the same time to all the qualified suppliers that have been selected in accordance

with paragraph 5.

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Multi-Use Lists

7. Procuring entities may maintain a multi-use list of suppliers, provided that a notice inviting

interested suppliers to apply for inclusion on the list is:

(a) published annually; and

(b) where published by electronic means, made available continuously, in the appropriate

medium listed in Annex 9-H.

8. The notice provided for in paragraph 7 shall include:

(a) a description of the goods or services, or categories thereof, for which the list may be used;

(b) the conditions for participation to be satisfied by suppliers for inclusion on the list and the

methods that the procuring entity will use to verify that a supplier satisfies the conditions;

(c) the name and address of the procuring entity and other information necessary to contact the

procuring entity and obtain all relevant documents relating to the list;

(d) the period of validity of the list and the means for its renewal or termination, or where the

period of validity is not provided, an indication of the method by which notice will be given

of the termination of use of the list; and

(e) an indication that the list may be used for procurement covered by this Agreement.

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9. Notwithstanding paragraph 7, where a multi-use list will be valid for three years or less,

procuring entities may publish the notice referred to in paragraph 7 only once, at the beginning of

the period of validity of the list, provided that the notice:

(a) states the period of validity and that further notices will not be published; and

(b) is published by electronic means and is made available continuously during the period of its

validity.

10. Procuring entities shall allow suppliers to apply at any time for inclusion on a multi-use list

and shall include on the list all qualified suppliers within a reasonably short time.

11. Where a supplier that is not included on a multi-use list submits a request for participation in a

procurement based on a multi-use list and all required documents relating thereto within the time

period provided for in paragraph 2 of Article 9.10 (Time Periods), the procuring entity shall

examine the request. The procuring entity shall not exclude the supplier from consideration in

respect of the procurement on the grounds that the procuring entity has insufficient time to examine

the request unless, in exceptional cases, due to the complexity of the procurement, the procuring

entity is not able to complete the examination of the request within the time period allowed for the

submission of tenders.

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Annex 9-C Entities

12. Procuring entities covered under Annex 9-C may use a notice inviting suppliers to apply for

inclusion on a multi-use list as a notice of intended procurement, provided that:

(a) the notice is published in accordance with paragraph 7 and includes the information in

paragraph 8, as much of the information in paragraph 2 of Article 9.6 (Notices) as is available,

and a statement that it constitutes a notice of intended procurement or that only the suppliers

on the multi-use list will receive further notices of procurement covered by the multi-use list;

and

(b) the procuring entity promptly provides to suppliers that have expressed an interest to the

procuring entity in a given procurement, sufficient information to permit them to assess their

interest in the procurement, including all remaining information required in paragraph 2 of

Article 9.6 (Notices), to the extent such information is available.

13. Procuring entities covered under Annex 9-C may allow a supplier that has applied for

inclusion on a multi-use list in accordance with paragraph 10 to tender in a given procurement,

where there is sufficient time for the procuring entity to examine whether the supplier satisfies the

conditions for participation.

Information on Procuring Entity Decisions

14. Procuring entities shall promptly inform any supplier that submits a request for participation

or application for inclusion on a multi-use list of the procuring entity's decision with respect to the

request.

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15. Where a procuring entity rejects a supplier's request for participation or application for

inclusion on a multi-use list, ceases to recognise a supplier as qualified, or removes a supplier from

a multi-use list, that procuring entity shall promptly inform the supplier and, at the request of the

supplier, promptly provide the supplier with a written explanation of the reasons for its decision.

ARTICLE 9.9

Technical Specifications and Tender Documentation

Technical Specifications

1. Procuring entities shall not prepare, adopt, or apply any technical specification or prescribe

any conformity assessment procedure with the purpose or the effect of creating unnecessary

obstacles to international trade.

2. In prescribing the technical specifications for the goods or services being procured, procuring

entities shall, where appropriate:

(a) set out the technical specification in terms of performance and functional requirements, rather

than design or descriptive characteristics; and

(b) base the technical specification on international standards, where such exist; otherwise, on

national technical regulations, recognised national standards, or building codes.

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3. Where design or descriptive characteristics are used in the technical specifications, procuring

entities should indicate, where appropriate, that they will consider tenders of equivalent goods or

services that demonstrably fulfil the requirements of the procurement by including words such as

"or equivalent" in the tender documentation.

4. Procuring entities shall not prescribe technical specifications that require or refer to a

particular trademark or trade name, patent, copyright, design, type, specific origin, producer, or

supplier, unless there is no other sufficiently precise or intelligible way of describing the

procurement requirements, and provided that, in such cases, the procuring entity include words such

as "or equivalent" in the tender documentation.

5. Procuring entities shall not seek or accept, in a manner that would have the effect of

precluding competition, advice that may be used in the preparation or adoption of any technical

specification for a specific procurement from a person that may have a commercial interest in the

procurement.

6. For greater certainty, each Party, including its procuring entities, may, in accordance with this

Article, prepare, adopt, or apply technical specifications to promote the conservation of natural

resources or protect the environment.

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7. Where procuring entities lay down environmental characteristics in terms of performance or

functional requirement, as referred to in paragraph 2(a), they may consider using the detailed

specification or, if necessary, parts thereof, as defined by eco-labels existing within the Union and

green labels existing in Singapore, provided that:

(a) those specifications are appropriate to define the characteristics of the supplies or services that

are the object of the contract;

(b) the requirements of the label are drawn up on the basis of scientific information; and

(c) those specifications are accessible to all interested parties.

Tender Documentation

8. Procuring entities shall provide to suppliers tender documentation that includes all

information necessary to permit suppliers to prepare and submit responsive tenders. Unless already

provided in the notice of intended procurement, such documentation shall include a complete

description of:

(a) the procurement, including the nature and the quantity of the goods or services to be procured

or, where the quantity is not known, the estimated quantity and any requirements to be

fulfilled, including any technical specifications, conformity assessment certification, plans,

drawings, or instructional materials;

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(b) any conditions for participation of suppliers, including a list of information and documents

that suppliers are required to submit in connection with the conditions for participation;

(c) all evaluation criteria that the procuring entity will apply in the awarding of the contract and,

except where price is the sole criterion, the relative importance of such criteria;

(d) where the procuring entity will conduct the procurement by electronic means, any

authentication and encryption requirements or other requirements related to the submission of

information by electronic means;

(e) where the procuring entity will hold an electronic auction, the rules, including identification

of the elements of the tender related to the evaluation criteria, on which the auction will be

conducted;

(f) where there will be a public opening of tenders, the date, time, and place for the opening and,

where appropriate, the persons authorised to be present;

(g) any other terms or conditions, including terms of payment and any limitation on the means by

which tenders may be submitted, such as whether on paper or by electronic means; and

(h) any dates for the delivery of goods or the supply of services.

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9. In establishing any delivery date for the goods or services being procured, procuring entities

shall take into account such factors as the complexity of the procurement, the extent of

subcontracting anticipated and the realistic time required for production, de-stocking and transport

of goods from the point of supply or for supply of services.

10. Procuring entities may lay down environmental conditions relating to the performance of a

procurement, provided that these are compatible with the rules established by this Chapter and are

indicated in the notice of intended procurement or in another notice used as a notice of intended

procurement **[1]** or tender documentation.

11. The evaluation criteria set out in the notice of intended procurement or in another notice used

as a notice of intended procurement or tender documentation may include, among others, price and

other cost factors, quality, technical merit, environmental characteristics, and terms of delivery.

12. Procuring entities shall promptly:

(a) make available tender documentation to ensure that interested suppliers have sufficient time

to submit responsive tenders;

**1** For the purposes of paragraphs 10, 11 and 13 of this Article and paragraph 2 of Article
9.11 (Negotiations), "another notice used as a notice of intended procurement" means a notice
of planned procurement falling within paragraph 5 of Article 9.6 (Notices) and a notice
inviting suppliers to apply for inclusion on a multi-use list falling within paragraph 12 of
Article 9.8 (Qualification of Suppliers).

EU/SG/en 187

(b) provide, on request, the tender documentation to any interested supplier; and

(c) reply to any reasonable request for relevant information by any interested or participating

supplier, provided that such information does not give that supplier an advantage over other

suppliers.

Modifications

13. Where, prior to the award of a contract, a procuring entity modifies the criteria or

requirements set out in a notice of intended procurement or in another notice used as a notice of

intended procurement or tender documentation provided to participating suppliers, or amends or

reissues a notice or tender documentation, it shall transmit in writing all such modifications or

amended or re-issued notices or tender documentation:

(a) to all suppliers that are participating at the time of the modification, amendment or

re-issuance, where such suppliers are known to the procuring entity, and in all other cases, in

the same manner as the original information was made available; and

(b) in adequate time to allow such suppliers to modify and re-submit amended tenders, as

appropriate.

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ARTICLE 9.10

Time Periods

General

1. Procuring entities shall, consistent with their own reasonable needs, provide sufficient time

for suppliers to prepare and submit requests for participation and responsive tenders, taking into

account such factors as:

(a) the nature and complexity of the procurement;

(b) the extent of subcontracting anticipated; and

(c) the time necessary for transmitting tenders by non-electronic means from foreign as well as

domestic points, where electronic means are not used.

Such time-periods, including any extension of the time periods, shall be the same for all interested

or participating suppliers.

Deadlines

2. Procuring entities that use selective tendering shall establish that, in principle, the final date

for the submission of requests for participation shall not be less than 25 days from the date of

publication of the notice of intended procurement. Where a state of urgency duly substantiated by

the procuring entity renders this time period impracticable, the time period may be reduced to not

less than ten days.

EU/SG/en 189

3. Except as provided for in paragraphs 4, 5, 7 and 8, procuring entities shall establish that the

final date for the submission of tenders shall not be less than 40 days from the date on which:

(a) in the case of open tendering, the notice of intended procurement is published; or

(b) in the case of selective tendering, the procuring entity notifies suppliers that they will be

invited to submit tenders, whether or not it uses a multi-use list.

4. Procuring entities may reduce the time-period for tendering set out in paragraph 3 to not less

than ten days where:

(a) the procuring entity published a notice of planned procurement under paragraph 4 of

Article 9.6 (Notices) at least 40 days and not more than twelve months in advance of the

publication of the notice of intended procurement, and the notice of planned procurement

contains:

(i) a description of the procurement;

(ii) the approximate final dates for the submission of tenders or requests for participation;

(iii) a statement that interested suppliers should express their interest in the procurement to

the procuring entity;

(iv) the address from which documents relating to the procurement may be obtained; and

EU/SG/en 190

(v) as much of the information that is required under paragraph 2 of Article 9.6 (Notices)

for the notice of intended procurement, as is available;

(b) the procuring entity, for procurements of a recurring nature, indicated in an initial notice of

intended procurement that subsequent notices will provide time periods for tendering based

on this paragraph; or

(c) a state of urgency duly substantiated by the procuring entity has rendered the time period for

tendering established in accordance with paragraph 3 impracticable.

5. Procuring entities may reduce the time period for tendering set out in paragraph 3 by five days

for each one of the following circumstances:

(a) the notice of intended procurement is published by electronic means;

(b) all the tender documentation is made available by electronic means from the date of the

publication of the notice of intended procurement; and

(c) the tenders can be received by electronic means by the procuring entity.

6. The use of paragraph 5, in conjunction with paragraph 4, shall in no case result in the

reduction of the time period for tendering set out in paragraph 3 to less than ten days from the date

on which the notice of intended procurement is published.

EU/SG/en 191

7. Notwithstanding any other provision in this Article, where a procuring entity purchases

commercial goods or services, or any combination thereof, it may reduce the time period for

tendering set out in paragraph 3 to not less than thirteen days, provided that it publishes by

electronic means, at the same time, both the notice of intended procurement and the tender

documentation. In addition, where the procuring entity also accepts tenders for commercial goods

and services by electronic means, it may reduce the time period set out in paragraph 3 to not less

than ten days.

8. Where a procuring entity covered under Annexes 9-B or 9-C has selected all or a limited

number of qualified suppliers, the time period for tendering may be fixed by mutual agreement

between the procuring entity and the selected suppliers. In the absence of agreement, the period

shall not be less than ten days.

ARTICLE 9.11

Negotiations

1. Each Party may provide for its procuring entities to conduct negotiations:

(a) where the procuring entity has indicated its intent to conduct negotiations in the notice of

intended procurement required under paragraph 2 of Article 9.6 (Notices); or

(b) where it appears from the evaluation that no one tender is obviously the most advantageous in

terms of the specific evaluation criteria set out in the notice of intended procurement or in

another notice used as a notice of intended procurement or tender documentation.

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2. Procuring entities shall:

(a) ensure that any elimination of suppliers participating in negotiations is carried out in

accordance with the evaluation criteria set out in the notice of intended procurement or in

another notice used as a notice of intended procurement or tender documentation; and

(b) where negotiations are concluded, provide a common deadline for the remaining participating

suppliers to submit any new or revised tenders.

ARTICLE 9.12

Limited Tendering

1. Provided that they do not use this provision for the purpose of avoiding competition among

suppliers or in a manner that discriminates against suppliers of the other Party or protects domestic

suppliers, procuring entities may use limited tendering and may choose not to apply

Article 9.6 (Notices), Article 9.7 (Conditions for Participation), Article 9.8 (Qualification of

Suppliers), paragraphs 8 to 13 of Article 9.9 (Technical Specifications and Tender Documentation),

Article 9.10 (Time Periods), Article 9.11 (Negotiations), Article 9.13 (Electronic Auctions), and

Article 9.14 (Treatment of Tenders and Awarding of Contracts) only under any of the following

circumstances:

(a) where:

(i) no tenders were submitted or no suppliers requested participation;

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(ii) no tenders that conform to the essential requirements of the tender documentation were

submitted;

(iii) no suppliers satisfied the conditions for participation; or

(iv) the tenders submitted have been collusive;

provided that the procuring entity does not substantially modify the requirements set out in

the tender documentation;

(b) where the goods or services can be supplied only by a particular supplier and no reasonable

alternative or substitute goods or services exist for any of the following reasons:

(i) the requirement is for a work of art;

(ii) the protection of patents, copyrights or other exclusive rights; or

(iii) due to an absence of competition for technical reasons;

(c) for additional deliveries by the original supplier of goods and services that were not included

in the initial procurement where a change of supplier for such additional goods and services:

(i) cannot be made for economic or technical reasons such as requirements of

interchangeability or interoperability with existing equipment, software, services, or

installations procured under the initial procurement; and

EU/SG/en 194

(ii) would cause significant inconvenience or substantial duplication of costs for the

procuring entity;

(d) insofar as is strictly necessary where, for reasons of extreme urgency brought about by events

unforeseeable by the procuring entity, the goods or services could not be obtained in time

using open tendering or selective tendering;

(e) for goods purchased on a commodity market;

(f) where a procuring entity procures a prototype or a first good or service that is developed at its

request in the course of, and for, a particular contract for research, experiment, study or

original development. Original development of a first good or service may include limited

production or supply in order to incorporate the results of field testing and to demonstrate that

the good or service is suitable for production or supply in quantity at acceptable quality

standards, but does not include quantity production, supply for the purpose of establishing

commercial viability, or the recovery of research and development costs;

(g) for purchases made under exceptionally advantageous conditions that only arise in the very

short term in the case of unusual disposals, such as those arising from liquidation,

receivership, or bankruptcy, but not for routine purchases from regular suppliers; and

(h) where a contract is awarded to a winner of a design contest, provided that:

(i) the contest has been organised in a manner that is consistent with the principles of this

Chapter, in particular relating to the publication of a notice of intended procurement;

and

EU/SG/en 195

(ii) the participants are judged by an independent jury with a view to a design contract

being awarded to a winner.

2. Procuring entities shall prepare a report in writing on each contract awarded under

paragraph 1. The report shall include the name of the procuring entity, the value and kind of goods

or services procured, and a statement indicating the circumstances and conditions described in

paragraph 1 that justified the use of limited tendering.

ARTICLE 9.13

Electronic Auctions

Where a procuring entity intends to conduct a covered procurement using an electronic auction, the

procuring entity shall provide each participant, before commencing the electronic auction, with:

(a) the automatic evaluation method, including the mathematical formula, that is based on the

evaluation criteria set out in the tender documentation and that will be used in the automatic

ranking or re-ranking during the auction;

(b) the results of any initial evaluation of the elements of its tender where the contract is to be

awarded on the basis of the most advantageous tender; and

(c) any other relevant information relating to the conduct of the auction.

EU/SG/en 196

ARTICLE 9.14

Treatment of Tenders and Awarding of Contracts

Treatment of Tenders

1. Procuring entities shall receive, open, and treat all tenders in accordance with procedures that

guarantee the fairness and impartiality of the procurement process, and the confidentiality of

tenders.

2. Procuring entities shall not penalise any supplier whose tender is received after the time

specified for receiving tenders if the delay was due solely to mishandling on the part of the

procuring entity.

3. Where a procuring entity provides a supplier with an opportunity to correct unintentional

errors of form between the opening of tenders and the awarding of the contract, the procuring entity

shall provide the same opportunity to all participating suppliers.

Awarding of Contracts

4. To be considered for an award, a tender shall have been submitted in writing and shall, at the

time of opening, comply with the essential requirements set out in the notices and tender

documentation, and shall be from a supplier that satisfies the conditions for participation.

EU/SG/en 197

5. Unless a procuring entity determines that it is not in the public interest to award a contract, the

procuring entity shall award the contract to the supplier that the procuring entity has determined to

be capable of fulfilling the terms of the contract and that, based solely on the evaluation criteria

specified in the notices and tender documentation, has submitted:

(a) the most advantageous tender; or

(b) where price is the sole criterion, the lowest price.

6. Where a procuring entity receives a tender with a price that is abnormally lower than the

prices in other tenders submitted, it may verify with the supplier that it satisfies the conditions for

participation and is capable of fulfilling the terms of the contract, and whether the price takes into

account the grant of subsidies.

7. Where a procuring entity establishes that a tender is abnormally low because the supplier has

obtained subsidies, it may reject the tender on that ground alone only after having consulted with

the supplier and the latter is unable to prove, within a sufficient period fixed by the procuring entity,

that the subsidy in question was granted in compliance with the disciplines relating to subsidies laid

down in this Agreement.

8. A procuring entity shall not use options, cancel a procurement, or modify awarded contracts,

in a manner that circumvents the obligations under this Chapter.

EU/SG/en 198

ARTICLE 9.15

Transparency of Procurement Information

Information Provided to Suppliers

1. Procuring entities shall promptly inform participating suppliers of the procuring entity's

contract award decisions and, upon the request of a supplier, shall do so in writing. Subject to

paragraphs 2 and 3 of Article 9.16 (Disclosure of Information), procuring entities shall, upon

request, provide an unsuccessful supplier with an explanation of the reasons why the procuring

entity did not select its tender and the relative advantages of the successful supplier's tender.

Publication of Award Information

2. Not later than 72 days after the award of each contract covered by this Chapter, the procuring

entity shall publish a notice in the appropriate paper or electronic medium listed in Annex 9-H.

Where the procuring entity publishes the notice only in an electronic medium, the information shall

remain readily accessible for a reasonable period of time. The notice shall include at least the

following information:

(a) a description of the goods or services procured;

(b) the name and address of the procuring entity;

(c) the name and address of the successful supplier;

EU/SG/en 199

(d) the value of the successful tender or the highest and lowest offers taken into account in the

award of the contract;

(e) the date of award; and

(f) the type of procurement method used, and in cases where limited tendering was used pursuant

to Article 9.12 (Limited Tendering), a description of the circumstances justifying the use of

limited tendering.

Maintenance of Documentation, Reports, and Electronic Traceability

3. Each procuring entity shall, for a period of at least three years from the date it awards a

contract, maintain:

(a) the documentation and reports of tendering procedures and contract awards relating to

covered procurement, including the reports required under Article 9.12 (Limited Tendering);

and

(b) data that ensure the appropriate traceability of the conduct of covered procurement by

electronic means.

Collection and Report of Statistics

4. Each Party agrees to communicate to the other Party the available and comparable statistical

data relevant to the procurement covered by this Chapter.

EU/SG/en 200

ARTICLE 9.16

Disclosure of Information

Provision of Information to Parties

1. Upon the request of a Party, the other Party shall promptly provide any information necessary

to determine whether a procurement was conducted fairly, impartially and in accordance with this

Chapter, including information on the characteristics and relative advantages of the successful

tender. In cases where release of the information would prejudice competition in future tenders, the

Party that receives that information shall not disclose such information to any supplier, except after

consultation with, and the agreement of, the Party that provided the information.

Non-Disclosure of Information

2. Notwithstanding any other provision of this Chapter, a Party, including its procuring entities,

shall not provide to any particular supplier information that might prejudice fair competition

between suppliers.

3. Nothing in this Chapter shall be construed as requiring a Party, including its procuring

entities, authorities, and review bodies, to disclose confidential information where disclosure:

(a) would impede law enforcement;

(b) might prejudice fair competition between suppliers;

EU/SG/en 201

(c) would prejudice the legitimate commercial interests of particular persons, including the

protection of intellectual property; or

(d) would otherwise be contrary to the public interest.

ARTICLE 9.17

Domestic Review Procedures

1. Each Party shall provide a timely, effective, transparent, and non-discriminatory

administrative or judicial review procedure through which a supplier may challenge:

(a) a breach of this Chapter; or

(b) where the supplier does not have the right to challenge a breach of this Chapter directly under

the domestic law of that Party, a failure to comply with that Party's measures implementing

this Chapter,

arising in the context of a covered procurement in which the supplier has, or has had, an interest. In

any case, each Party shall ensure that the review body, upon a challenge by a supplier, can examine

decisions taken by their respective procuring entities on whether a particular procurement falls

within the procurement that is covered by this Chapter.

EU/SG/en 202

The procedural rules for all challenges shall be in writing and made generally available through

electronic means or a paper medium.

2. In the event of a complaint by a supplier, that there has been a breach or a failure as referred

to in paragraph 1 arising in the context of covered procurement in which the supplier has, or has

had, an interest, the Party of the procuring entity conducting the procurement shall encourage the

procuring entity and the supplier to seek resolution of the complaint through consultations. The

procuring entity shall accord impartial and timely consideration to any such complaint in a manner

that is not prejudicial to the supplier's participation in on-going or future procurement or to its right

to seek corrective measures under the administrative or judicial review procedure.

3. Each supplier shall be allowed a sufficient period of time to prepare and submit a challenge,

which in no case shall be less than ten days from the time when the basis of the challenge became

known to the supplier or reasonably should have become known to the supplier.

4. Each Party shall establish or designate at least one impartial administrative or judicial

authority that is independent of its procuring entities for the purpose of receiving and reviewing

challenges by suppliers arising in the context of covered procurements.

5. Where a body other than an authority referred to in paragraph 4 initially reviews a challenge,

the relevant Party shall ensure that the supplier may appeal the initial decision to an impartial

administrative or judicial authority that is independent of the procuring entity whose procurement is

the subject of the challenge.

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6. Each Party shall ensure that a review body that is not a court shall have its decision subject to

judicial review or have procedures that provide that:

(a) the procuring entity shall respond in writing to the challenge and disclose all relevant

documents to the review body;

(b) the participants to the proceedings (hereinafter referred to as "participants") shall have the

right to be heard prior to the decision of the review body on the challenge;

(c) the participants shall have the right to be represented and accompanied;

(d) the participants shall have access to all proceedings;

(e) the participants shall have the right to request that the proceedings take place in public and

that witnesses may be presented; and

(f) the review body shall make its decisions or recommendations, in a timely fashion, in writing,

and shall include an explanation of the basis for each decision or recommendation.

7. Each Party shall adopt or maintain procedures that provide for rapid interim measures to

preserve the supplier's opportunity to participate in the procurement. Such interim measures may

result in suspension of the procurement process. The procedures may provide that overriding

adverse consequences for the interests concerned, including the public interest, may be taken into

account when deciding whether such measures should be applied. Just cause for not acting shall be

provided in writing.

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8. Each Party shall provide that where a review body has determined that there has been a

breach or a failure as referred to in paragraph 1, the review body may impose corrective action or

grant compensation for the loss or damages suffered, which may be limited to either the costs for

the preparation of the tender or the costs relating to the challenge. Where a contract has already

been awarded, the Parties may provide that corrective action is not available.

ARTICLE 9.18

Modification and Rectification of Coverage

Notification of Proposed Modification

1. Each Party shall notify the other Party of any proposed rectification of Annexes 9-A to 9-I,

any transfer of an entity from one of those Annexes to another, any withdrawal of an entity from

those Annexes, or any other modification to those Annexes (such acts collectively referred

hereinafter to as a "modification").

2. For any proposed withdrawal by a Party of a procuring entity from Annexes 9-A to 9-C on the

grounds that government control or influence over the procuring entity's covered procurement has

been effectively eliminated, the Party proposing the modification (hereinafter referred to as

"modifying Party") shall include in the notification evidence that such government control or

influence has been effectively eliminated. Government control or influence over the covered

procurement of entities covered under Annex 9-C is deemed to be effectively eliminated if:

(a) in the case of the Union, the procuring entity performs a competitive activity; and

EU/SG/en 205

(b) in the case of Singapore, the procuring entity has been privatised.

Where government control or influence over the covered procurement of a procuring entity of a

Party has been effectively eliminated, the other Party shall not be entitled to compensatory

adjustments.

3. For any other proposed modification, the modifying Party shall include in the notification

information as to the likely consequences of the change for the coverage provided in this Chapter.

Where the modifying Party proposes to make minor amendments or technical rectifications of a

purely formal nature not affecting covered procurement, it shall notify these modifications at least

every two years.

Resolution of Objection

4. Where the other Party (hereinafter referred to as "objecting Party") objects to the notification

by the modifying Party, the Parties shall seek to resolve the objection through consultations,

including if necessary, consultations at the Committee on Trade in Services, Investment and

Government Procurement established pursuant to Article 16.2 (Specialised Committees). In such

consultations, the Parties shall consider:

(a) evidence pertaining to the effective elimination of government control or influence over an

entity's covered procurement in the case of a notification under paragraph 2;

(b) evidence that the proposed modification does not affect coverage in the case of a notification

under paragraph 3; and

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(c) any claims relating to the need for compensatory adjustments arising from modifications

notified according to paragraph 1 or to the level of such adjustments. Such adjustments may

consist either of the compensatory expansion of coverage by the modifying Party or of a

withdrawal of equivalent coverage by the objecting Party, in both cases with a view to

maintaining a balance of rights and obligations and a comparable level of mutually agreed

coverage provided in this Chapter.

5. The Parties may have recourse to the dispute settlement mechanism under

Chapter Fourteen (Dispute Settlement) where the objecting Party, after consultations under

paragraph 4, considers that one or more of the following situations exist:

(a) in the case of subparagraph 4(a), government control or influence over an entity's covered

procurement has not been effectively eliminated;

(b) in the case of subparagraph 4(b), a modification does not meet the criteria in paragraph 3 and

which affects coverage, and should be subject to compensatory adjustments; or

(c) in the case of subparagraph 4(c), compensatory adjustments proposed during the consultation

between the Parties are not adequate to maintain a comparable level of mutually agreed

coverage.

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Implementation

6. A proposed modification shall only become effective where:

(a) the objecting Party has not submitted a written objection to the proposed modification to the

modifying Party within 45 days of the date of the notification of the proposed modifications;

(b) the objecting Party has notified the modifying Party of the withdrawal of its objection;

(c) the Parties have reached an agreement after due consultations under paragraph 4; or

(d) the objection has been resolved through the dispute settlement mechanism under paragraph 5.

ARTICLE 9.19

Responsibilities of the Committee

1. In the Committee on Trade in Services, Investment and Government Procurement established

pursuant to Article 16.2 (Specialised Committees), the Parties may:

(a) adopt modalities for reporting statistical data pursuant to paragraph 4 of Article 9.15

(Transparency of Procurement Information);

(b) review pending notifications of modifications to coverage and endorse updates to the list of

entities in Annexes 9-A to 9-C;

EU/SG/en 208

(c) endorse compensatory adjustments resulting from modifications affecting coverage;

(d) revise, where required, indicative criteria that demonstrate the effective elimination of

government control or influence over an entity's covered procurement;

(e) adopt criteria for deciding over the level of compensatory adjustments of coverage;

(f) consider issues regarding government procurement that are referred to it by a Party;

(g) exchange information relating to government procurement opportunities in each Party,

including those at sub-central levels; and

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

2. In the Committee on Trade in Services, Investment and Government Procurement established

pursuant to Article 16.2 (Specialised Committees), the Parties may take any decision required for

the purposes of subparagraphs (a) to (h).

ARTICLE 9.20

Adjustment to GPA provisions

If the Revised GPA is amended or superseded by another agreement, the Parties shall amend this

Chapter by decision in the Committee on Trade in Services, Investment and Government

Procurement established pursuant to Article 16.2 (Specialised Committees), as appropriate.

EU/SG/en 209

CHAPTER TEN

INTELLECTUAL PROPERTY

ARTICLE 10.1

Objectives

1. The objectives of this Chapter are to:

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

provision of services between the Parties; and

(b) increase the benefits from trade and investment through the adequate and effective level of

protection of intellectual property rights and the provision of measures for the effective

enforcement of such rights.

2. The objectives and principles set forth in Part I of the TRIPS Agreement, in particular in

Article 7 (Objectives) and Article 8 (Principles) shall apply to this Chapter, _mutatis mutandis_ .

EU/SG/en 210

SECTION A

PRINCIPLES

ARTICLE 10.2

Scope and Definitions

1. The Parties recall the commitments under the international treaties dealing with intellectual

property, including the TRIPS Agreement and the Paris Convention for the Protection of Industrial

Property of 20 March 1883, as revised at Stockholm on 15 July 1967 (hereinafter referred to as the

"Paris Convention"). The provisions of this Chapter shall complement the rights and obligations of

the Parties under the TRIPS Agreement and other international treaties in the field of intellectual

property to which they both are parties.

2. For the purposes of this Chapter, "intellectual property rights" means:

(a) all categories of intellectual property that are the subject of Sections 1 to 7 of Part II of the

TRIPS Agreement namely:

(i) copyright and related rights;

(ii) patents; **[1]**

**1** In the case of the Union, for the purposes of this Chapter, "patents" include rights derived
from supplementary protection certificates.

EU/SG/en 211

(iii) trademarks;

(iv) designs;

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

(vi) geographical indications;

(vii) protection of undisclosed information; and

(b) plant variety rights.

ARTICLE 10.3

Exhaustion

Each Party shall be free to establish its own regime for the exhaustion of intellectual property rights

subject to the relevant provisions of the TRIPS Agreement.

EU/SG/en 212

SECTION B

STANDARDS CONCERNING INTELLECTUAL PROPERTY RIGHTS

SUB-SECTION A

COPYRIGHT AND RELATED RIGHTS

ARTICLE 10.4

Protection Granted

The Parties shall comply with the rights and obligations set out in the Berne Convention for the

Protection of Literary and Artistic Works of 9 September 1886 (as last revised at Paris on July 24,

1971), the WIPO Copyright Treaty, adopted in Geneva on 20 December 1996, the WIPO

Performances and Phonograms Treaty, adopted in Geneva on 20 December 1996, and the TRIPS

Agreement. **[1]** The Parties may provide for the protection of performers, producers of phonograms

and broadcasting organisations in accordance with the relevant provisions of the International

Convention for the Protection of Performers, Producers of Phonograms and Broadcasting

Organisations, done at Rome on 26 October 1961.

**1** Without prejudice to Article 10.6 (Producers of Phonograms), the Parties recognise that
references to these international agreements are subject to the reservations which each Party
has formulated in relation thereto.

EU/SG/en 213

ARTICLE 10.5

Term of Protection

1. Each Party shall provide that, where the term of protection of a work is to be calculated on the

basis of the life of the author, the term shall be not less than the life of the author and 70 years after

the author's death.

2. In the case of a work of joint authorship, the term referred to in paragraph 1 shall be

calculated from the death of the last surviving author.

3. The term of protection of cinematographic works **[1]** shall be not less than 70 years after the

work has been made available to the public with the consent of the author or, failing such an event

within 50 years of the making of the work, at least 70 years after the making of the work. **[2]**

4. The term of protection for rights in phonograms shall be not less than 50 years after the

making of the phonogram, and, if published within this period, no less than 70 years after the first

lawful publication of the phonogram.

**1** For the Union, the term "cinematographic works" also includes audiovisual works.
**2** In the case of the Union, the term of protection expires 70 years after the death of the last
person designated as author under its domestic law, which will not in any case be shorter than
the minimum duration of protection provided under paragraph 3 of Article 10.5 (Term of
Protection).

EU/SG/en 214

5. The term of protection for rights in broadcasts shall be not less than 50 years after the first

transmission or the making of the broadcast.

6. The terms laid down in this Article shall be calculated from the first of January of the year

following the event which gives rise to them.

ARTICLE 10.6

Producers of Phonograms

Each Party shall provide producers of phonograms **[1]** with the right to a single equitable remuneration

if a phonogram published for commercial purposes, or a reproduction of such phonogram, is used

for broadcasting by wireless means or for public performance. **[2]** [,] **[3]**

**1** "Producer of a phonogram" means the person or the legal entity, who or which takes the
initiative and has the responsibility for the first fixation of the sounds of a performance or
other sounds, or the representations of sounds.
**2** "Public performance" means, in relation to a phonogram, any mode of aural presentation to
the public of sounds or representations of sounds fixed in a phonogram.
**3** Singapore shall fully implement the obligations of this Article within two years of the entry
into force of this Agreement.

EU/SG/en 215

ARTICLE 10.7

Resale Rights

The Parties agree to exchange views and information on practices and policies with regard to the

resale rights of artists.

ARTICLE 10.8

Cooperation on Collective Management of Rights

The Parties shall endeavour to promote dialogue and cooperation among their respective collective

management societies for the purpose of ensuring easier access and delivery of content between the

territories of the Parties, and ensuring the transfer of royalties arising from the use of works or other

copyright-protected subject matter.

EU/SG/en 216

ARTICLE 10.9

Protection of Technological Measures

1. Each Party shall provide adequate legal protection and effective legal remedies against the

circumvention of any effective technological measures **[1]** that are used by authors, performers or

producers of phonograms in connection with the exercise of their rights in, and that restrict acts in

respect of, their works, performances, and phonograms, which are not authorised by the authors, the

performers or the producers of phonograms concerned or permitted by domestic law. **[2]**

**1** For the purposes of this Article, "technological measures" means any technology, device or
component that, in the normal course of its operation, is designed to prevent or restrict acts, in
respect of works, performances, or phonograms, which are not authorised by authors,
performers or producers of phonograms, as provided for by each Party's domestic law.
Without prejudice to the scope of copyright or related rights contained in each Party's
domestic law, technological measures shall be deemed effective where the use of protected
works, performances, or phonograms is controlled by authors, performers or producers of
phonograms through the application of a relevant access control or protection process, such as
encryption or scrambling, or a copy control mechanism, which achieves the objective of
protection.
**2** Nothing in this Chapter shall require Singapore to restrict the importation or domestic sale of
a device that does not render effective a technological measure which sole purpose is to
control market segmentation for legitimate copies of motion pictures, and is not otherwise a
violation of its domestic law.

EU/SG/en 217

2. In order to provide the adequate legal protection and effective legal remedies referred to in

paragraph 1, each Party shall provide protection at least against:

(a) to the extent provided by its domestic law:

(i) the unauthorised circumvention of an effective technological measure carried out

knowingly or with reasonable grounds to know; and;

(ii) the offering to the public by marketing of a device or product, including computer

programs, or a service, as a means of circumventing an effective technological measure;

and

(b) the manufacture, importation, or distribution of a device or product, including computer

programs, or provision of a service that:

(i) is primarily designed or produced for the purpose of circumventing an effective

technological measure; or

(ii) has only a limited commercially significant purpose other than circumventing an

effective technological measure. **[1]**

**1** In implementing paragraphs 1 and 2 of this Article, neither Party shall be obligated to require
that the design of, or the design and selection of parts and components for, a consumer
electronics product, telecommunications product or computing product, provide for a
response to any particular technological measure, so long as the product does not otherwise
contravene its measures implementing these paragraphs.

EU/SG/en 218

3. In providing adequate legal protection and effective legal remedies pursuant to paragraph 1, a

Party may adopt or maintain appropriate limitations, or exceptions to, measures implementing

paragraphs 1 and 2. The obligations under paragraphs 1 and 2 are without prejudice to the rights,

limitations, exceptions, or defences to copyright or related rights infringement under each Party's

domestic law.

ARTICLE 10.10

Protection of Rights Management Information

1. To protect electronic rights management information, **[1]** each Party shall provide adequate legal

protection and effective legal remedies against any person knowingly performing without authority

any of the following acts knowing or, with respect to civil remedies, having reasonable grounds to

know, that it will induce, enable, facilitate or conceal an infringement of any copyright or related

rights. Such acts are:

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

**1** For the purposes of this Article, "rights management information" means:
(a) information that identifies the work, the performance, or the phonogram; the author of
the work, the performer of the performance, or the producer of the phonogram; or the
owner of any right in the work, performance or phonogram;
(b) information about the terms and conditions of use of the work, performance, or
phonogram; or
(c) any number or codes that represent the information described in subparagraphs (a)
and (b),
when any of these items of information is attached to a copy of a work, performance, or
phonogram, or appears in connection with the communication or making available of a work,
performance or phonogram to the public.

EU/SG/en 219

(b) the distribution, import for distribution, broadcast, communication, or making available to the

public copies of works, performances, or phonograms, knowing that electronic rights

management information has been removed or altered without authority.

2. In providing adequate legal protection and effective legal remedies pursuant to paragraph 1, a

Party may adopt or maintain appropriate limitations, or exceptions to, measures implementing

paragraph 1. The obligations under paragraph 1 are without prejudice to the rights, limitations,

exceptions or defences to copyright or related rights infringement under a Party's domestic law.

ARTICLE 10.11

Exceptions and Limitations

The Parties may provide for limitations or exceptions to the rights under Article 10.6 (Producers of

Phonograms) only in certain special cases which do not conflict with a normal exploitation of the

work or other subject matter and do not unreasonably prejudice the legitimate interests of the right

holders.

EU/SG/en 220

SUB-SECTION B

TRADEMARKS

ARTICLE 10.12

International Agreements

Each Party shall make all reasonable efforts to comply with the Trademark Law Treaty, done at

Geneva on 27 October 1994, and with the Singapore Treaty on the Law of Trademarks, adopted in

Singapore on 27 March 2006. **[1]**

ARTICLE 10.13

Registration Procedure

Each Party shall provide for a system for the registration of trademarks in which the relevant

trademark administration shall give reasons in writing for any refusal to register a trademark. The

applicant shall have the opportunity to appeal against such refusal before a judicial authority. Each

Party shall introduce the possibility for third parties to oppose trademark applications. Each Party

shall provide a publicly available electronic database of trademark applications and trademark

registrations.

**1** Singapore is a party to the Singapore Treaty on the Law of Trademarks, while the Union shall
make all reasonable efforts to facilitate accession to the Singapore Treaty on the Law of
Trademarks.

EU/SG/en 221

ARTICLE 10.14

Well-Known Trademarks

The Parties shall protect well-known trademarks in accordance with the TRIPS Agreement. In

determining whether a trademark is well-known, the Parties shall give consideration to the Joint

Recommendation Concerning Provisions on the Protection of Well-Known Marks, adopted by the

Assembly of the Paris Union for the Protection of Industrial Property and the General Assembly of

the WIPO at the Thirty-Fourth Series of Meetings of the Assemblies of the Member States of WIPO

on 20 to 29 September 1999.

ARTICLE 10.15

Exceptions to the Rights Conferred by a Trademark

Each Party:

(a) shall provide for the fair use of descriptive terms **[1]** as a limited exception to the rights

conferred by trademarks; and

(b) may provide for other limited exceptions,

provided that these exceptions take account of the legitimate interests of the owners of the

trademarks and of third parties.

**1** The fair use of descriptive terms includes the use of a sign to indicate the geographic origin of
the goods or services, and where such use is in accordance with honest practices in industrial
or commercial matters.

EU/SG/en 222

SUB-SECTION C

GEOGRAPHICAL INDICATIONS **[1]**

ARTICLE 10.16

Scope

1. Sub-Section C (Geographical Indications) applies to the recognition and protection of

geographical indications for wines, spirits, agricultural products and foodstuffs which are

originating in the territories of the Parties.

2. Geographical indications of a Party that are to be protected by the other Party shall only be

subject to Sub-Section C (Geographical Indications) if they are recognised and declared as

geographical indications in their country of origin.

**1** For the purposes of this Chapter, "geographical indications" means indications which identify
a good as originating in the territory of a Party, or a region or locality in that territory, where a
given quality, reputation or other characteristic of the good is essentially attributable to its
geographical origin.

EU/SG/en 223

ARTICLE 10.17

System of Protection of Geographical Indications

1. Upon the entry into force of this Agreement, each Party shall establish systems for the

registration and protection of geographical indications in its territory for such categories of wines

and spirits and agricultural products and foodstuffs as it deems appropriate.

2. The systems referred to in paragraph 1 shall contain elements such as:

(a) a domestic register;

(b) an administrative process to verify that the geographical indications entered, or to be entered,

on the domestic register referred to in subparagraph 2(a), identify a good as originating in the

territory of a Party, or a region or locality in that Party's territory, where a given quality,

reputation or other characteristic of the good is essentially attributable to their geographical

origin;

(c) an objection procedure that allows the legitimate interests of third parties to be taken into

account; and

(d) legal means that permit the rectification and cancellation of entries on the domestic register

referred to in subparagraph 2(a), that take into account the legitimate interests of third parties

and the right holders of the registered geographical indications in question.

EU/SG/en 224

3. The Parties shall, as soon as practicable after the procedures for protection of geographical

indications in each Party **[1]** have been concluded for all the names listed in Annex 10-A, meet to

adopt a decision in the Trade Committee referred to under Article 16.1 (Trade Committee)

regarding the listing in Annex 10-B of the names from Annex 10-A of each Party that have been

and remain protected as geographical indications under the respective Party's system referred to in

paragraph 2.

ARTICLE 10.18

Amendment of List of Geographical Indications

The Parties agree on the possibility of amending the list of geographical indications for wines,

spirits, agricultural products and foodstuffs listed in Annex 10-B to be protected by each Party

under Sub-Section C (Geographical Indications). Such amendments to Annex 10-B shall be subject

to the geographical indications having been and remaining protected as geographical indications

under the respective Party's system referred to in paragraph 2 of Article 10.17 (System of Protection

of Geographical Indications).

**1** For the purposes of Sub-Section C (Geographical Indications), in the case of Singapore, the
procedure for protection of geographical indications refers to the domestic registration
procedure under the system established by Singapore pursuant to paragraph 2 of Article 10.17
(System of Protection of Geographical Indications).

EU/SG/en 225

ARTICLE 10.19

Scope of Protection of Geographical Indications

1. Subject to Article 10.22 (General Rules), in respect of geographical indications for wines,

spirits, agricultural products and foodstuffs listed in Annex 10-B that remain protected as

geographical indications under its system as referred to in paragraph 2 of Article 10.17 (System of

Protection of Geographical Indications), each Party shall provide the legal means for interested

parties to prevent:

(a) the use of any means in the designation or presentation of a good that indicates or suggests

that the good in question originates in a geographical area other than its true place of origin in

a manner which misleads the public as to the geographical origin of the good; and

(b) any other use which constitutes an act of unfair competition within the meaning of

Article 10 _bis_ (Unfair Competition) of the Paris Convention.

2. Subject to Article 10.22 (General Rules), in respect of geographical indications for wines and

spirits listed in Annex 10-B that remain protected as geographical indications under its system as

referred to in paragraph 2 of Article 10.17 (System of Protection of Geographical Indications), each

Party shall provide the legal means for interested parties to prevent the use of any such geographical

indication identifying wines for wines not originating in the place indicated by the geographical

indication in question or identifying spirits for spirits not originating in the place indicated by the

geographical indication in question, even where:

(a) the true origin of the good is indicated;

EU/SG/en 226

(b) the geographical indication is used in translation; or

(c) the geographical indication is accompanied by expressions such as "kind", "type", "style",

"imitation", or the like.

3. Subject to Article 10.22 (General Rules), in respect of geographical indications for

agricultural products and foodstuffs listed in Annex 10-B that remain protected as geographical

indications under the Party's system as referred to in paragraph 2 of Article 10.17 (System of

Protection of Geographical Indications), each Party shall provide the legal means for interested

parties to prevent the use of any such geographical indication identifying a good for a like good **[1]** not

originating in the place indicated by the geographical indication in question, even where:

(a) the true origin of the good is indicated;

(b) the geographical indication is used in translation; **[2]** or

**1** For the purposes of this paragraph and paragraph 1 of Article 10.21 (Relationship with
Trademarks), the term "like good", in relation to a good for which a geographical indication
has been protected in a Party's system as referred to in Article 10.17 (System of Protection of
Geographical Indications), means a good that would fall within the same category of good in
that Party's register as the good for which a geographical indication has been registered.
**2** For greater certainty, it is understood that this is assessed on a case-by-case basis. This
provision does not apply where evidence is provided that there is no link between the
protected geographical indication and the translated term. It is further understood that this
provision applies without prejudice to the general rules of Sub-Section C (Geographical
Indications).

EU/SG/en 227

(c) the geographical indication is accompanied by expressions such as "kind", "type", "style",

"imitation", or the like.

4. Nothing in Sub-Section C (Geographical Indications) shall require a Party to apply its

provisions in respect of a geographical indication in the case of the failure of a right holder to:

(a) renew the registration of the geographical indication in that Party's market; or

(b) maintain minimal commercial activity or interest in the geographical indication in that Party's

market, including commercialisation, promotion or market monitoring.

5. Without prejudice to paragraph 3 of Article 23 of the TRIPS Agreement, each Party shall

determine the practical conditions under which homonymous geographical indications will be

differentiated from each other in its territory, taking into account the need to ensure equitable

treatment of the producers concerned and the need to ensure that consumers are not misled.

6. Where a Party receives an application for registration or protection of a geographical

indication that is homonymous with one of the geographical indications in Annex 10-B, that Party

will take into consideration the views and submissions of the applicant and the producers

concerned **[1]** in determining the conditions under which the homonymous geographical indications

will be differentiated from each other.

**1** In the case of Singapore, "the producers concerned" refers to the right holders in question.

EU/SG/en 228

ARTICLE 10.20

Right of Use of Geographical Indications

The persons who may use a geographical indication protected under Sub-Section C (Geographical

Indications) are not limited to the applicant, provided that such use relates to the goods as identified

by that geographical indication.

ARTICLE 10.21

Relationship with Trademarks

1. Subject to Article 10.22 (General Rules), in respect of geographical indications listed in

Annex 10-B that remain protected as geographical indications under a Party's system as referred to

in paragraph 2 of Article 10.17 (System of Protection of Geographical Indications), the registration

of a trademark for goods which contains or consists of a geographical indication that identifies like

goods shall be refused or invalidated _ex officio_ if that Party's domestic law so permits, or at the

request of an interested party, with respect to goods not having the origin of the geographical

indication concerned, provided that the application to register the trademark is submitted after the

date of application for the registration of the geographical indication in the territory concerned.

EU/SG/en 229

2. Without prejudice to paragraph 4, the Parties acknowledge that the existence of a prior

conflicting trademark in the territory of a Party would not completely preclude the registration of a

subsequent geographical indication for like goods in that Party. **[1]**

3. Where a trademark has been applied for or has been registered in good faith, or where rights

to a trademark have been acquired through use in good faith, if that possibility is provided by the

Parties' respective domestic laws, and such application, registration or acquisition takes place either:

(a) before the date of application for protection of the geographical indication in the territory

concerned; or

(b) before the geographical indication is protected in its country of origin,

any measures adopted to implement Sub-Section C (Geographical Indications) shall not prejudice

the eligibility for or the validity of the registration of a trademark, or the right to use a trademark, on

the basis that such a trademark is identical with, or similar to, a geographical indication.

4. The Parties shall have no obligation to protect a geographical indication pursuant to

Sub-Section C (Geographical Indications) where, in the light of a reputed or well-known trademark,

such protection is liable to mislead consumers as to the true identity of the product.

**1** In the case of Singapore, a geographical indication which conflicts with a prior existing
trademark is capable of being registered with the consent of the prior existing trademark
rights holder. In the case of the Union, such consent is not a prerequisite to the registration of
a geographical indication which conflicts with a prior existing trademark.

EU/SG/en 230

ARTICLE 10.22

General Rules

1. The conditions for import, export and commercialisation of the products referred to in Sub

Section C (Geographical Indications) in the territory of a Party shall be governed by the domestic

law of that Party.

2. For agricultural products and foodstuffs, nothing in Sub-Section C (Geographical Indications)

shall require a Party to prevent the continued and similar use by any of its nationals or domiciliaries

of any geographical indication of the other Party in connection with goods or services, where those

nationals or domiciliaries have used that geographical indication in a continuous manner with

regard to the same or related goods or services in the territory of that Party either:

(a) for at least ten years preceding 1st January 2004; or

(b) in good faith preceding that date.

3. In relation to the geographical indications to be listed in Annex 10-B, where prior use has

been determined pursuant to:

(a) the opposition proceedings during the domestic registration procedures; or

(b) any legal proceedings,

EU/SG/en 231

such prior use shall be listed in Annex 10-B, in respect of the geographical indication in question, in

accordance with:

(i) the mechanism established in paragraph 3 of Article 10.17 (System of Protection of

Geographical Indications), in the case of subparagraph 3(a); and

(ii) the mechanism established in Article 10.18 (Amendment of List of Geographical Indications),

in the case of subparagraph 3(b).

4. Each Party may determine the practical conditions under which such prior use will be

differentiated from the geographical indication in its territory, taking into account the need to ensure

that consumers are not misled.

5. Nothing in Sub-Section C (Geographical Indications) shall require a Party to apply its

provisions in respect of a geographical indication of the other Party with respect to goods or

services for which the relevant indication is identical to the term customary in common language as

the common name for such goods or services in the territory of that Party.

6. Nothing in Sub-Section C (Geographical Indications) shall require a Party to apply its

provisions in respect of any name contained in a geographical indication of the other Party with

respect to goods or services for which the name is identical to the term customary in common

language as the common name for such goods or services in the territory of that Party.

EU/SG/en 232

7. Nothing in Sub-Section C (Geographical Indications) shall require a Party to apply its

provisions in respect of a geographical indication of the other Party with respect to products of the

vine for which the relevant indication is identical to the customary name of a grape variety existing

in the territory of that Party as of the date of entry into force of the WTO Agreement in that Party.

8. Nothing in Sub-Section C (Geographical Indications) shall prevent a Party from protecting as

a geographical indication, in accordance with its domestic law, a term that conflicts with the name

of a plant variety or animal breed.

9. A Party may provide that any request made under Sub-Section C (Geographical Indications)

in connection with the use or registration of a trademark must be presented within five years after

the adverse use of the protected indication has become generally known in that Party or within five

years after the date of registration of the trademark in that Party, provided that the trademark has

been published by that date, if the date of registration is earlier than the date on which the adverse

use became generally known in that Party, and provided that the geographical indication is not used

or registered in bad faith.

10. Nothing in Sub-Section C (Geographical Indications) shall prejudice the right of any person to

use, in the course of trade, that person's name or the name of that person's predecessor in business,

except where such name is used in such a manner as to mislead the public.

11. Nothing in Sub-Section C (Geographical Indications) shall oblige a Party to protect a

geographical indication of the other Party which is not or has ceased to be protected in accordance

with the domestic law of its country of origin. The Parties shall notify each other if a geographical

indication ceases to be protected in its country of origin.

EU/SG/en 233

ARTICLE 10.23

Relation to Trade Committee

The Trade Committee established pursuant to Article 16.1 (Trade Committee) shall have the

authority to:

(a) adopt decisions regarding the listing in Annex 10-B referred to in paragraph 3 of Article 10.17

(System of Protection of Geographical Indications); and

(b) amend Annex 10-B in accordance with Article 10.18 (Amendment of List of Geographical

Indications).

EU/SG/en 234

SUB-SECTION D

DESIGNS

ARTICLE 10.24

Requirements for Protection of Registered Designs **[1]**

1. The Parties shall provide for the protection of independently created designs that are new or

original. **[2]** This protection shall be provided by registration and shall confer exclusive rights upon

their holders in accordance with the provisions of Sub-Section D (Designs). **[3]**

**1** For the purposes of Sub-Section (Designs), the Union also grants protection to the
unregistered design when it meets the requirements of Council Regulation (EC) No 6/2002 of
12 December 2001 on Community designs, as last amended by Council Regulation (EC)
No 1891/2006 of 18 December 2006.
**2** The Parties agree that when the domestic law of a Party so provides, individual character of
designs can also be required. This refers to designs that significantly differ from known
designs or combinations of known designs' features. The Union considers designs to have
individual character if the overall impression it produces on the informed users differs from
the overall impression produced on such a user by any design which has been made available
to the public.
**3** It is understood that designs are not excluded from protection simply on the basis that they
constitute a part of an article or product, provided that they are visible, fulfil the criteria of this
paragraph, and:
(a) fulfil any other criteria for design protection; and
(b) are not otherwise excluded from design protection,
under the Parties' respective domestic law.

EU/SG/en 235

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

considerations.

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

principles of morality. **[1]**

ARTICLE 10.25

Rights Conferred by Registration

The owner of a protected design shall have the right to prevent third parties who do not have the

owner's consent from at least making, offering for sale, selling or importing articles that bear or

embody a design which is a copy, or is substantially a copy, of the protected design, where such

acts are undertaken for commercial purposes.

ARTICLE 10.26

Term of Protection

The available term of protection shall be at least ten years from the date of application.

**1** Nothing in this Article precludes either Party from providing other specified exclusions from
design protection under its domestic law. The Parties understand that such exclusions shall
not be extensive.

EU/SG/en 236

ARTICLE 10.27

Exceptions

Each Party may provide limited exceptions to the protection of designs, provided that such

exceptions do not unreasonably conflict with the normal exploitation of protected designs, and do

not unreasonably prejudice the legitimate interests of the owner of the protected design, taking into

account the legitimate interests of third parties.

ARTICLE 10.28

Relationship to Copyright

Each Party shall offer the possibility that a design registered in the territory of a Party in accordance

with Sub-Section D (Designs) is not completely precluded from enjoying protection under the

domestic law of copyright of that Party. The extent to which, and the conditions under which, such

protection is enjoyed shall be determined by that Party. **[1]**

**1** In the case of Singapore, the extent to which, and the conditions under which, such protection
is enjoyed include the circumstances under section 74 of Singapore's Copyright Act.

EU/SG/en 237

SUB-SECTION E

PATENTS

ARTICLE 10.29

International Agreements

The Parties recall the obligations under the Patent Cooperation Treaty (done at Washington on

19 June 1970, amended on 28 September 1979, and modified on 3 February 1984). The Parties

shall, where appropriate, make all reasonable efforts to comply with Article 1 to Article 16 of the

Patent Law Treaty, adopted in Geneva on 1 June 2000, in a manner consistent with their domestic

law and procedures.

ARTICLE 10.30

Patents and Public Health

1. The Parties recognise the importance of the Declaration on the TRIPS Agreement and Public

Health, adopted on 14 November 2001 by the Ministerial Conference of the WTO at Doha. In

interpreting and implementing the rights and obligations under Sub-Section E (Patents) and

Sub-Section F (Protection of Test Data Submitted to Obtain an Administrative Marketing Approval

to put a Pharmaceutical Product on the Market), the Parties shall ensure consistency with this

Declaration.

EU/SG/en 238

2. Each Party shall respect the Decision of the WTO General Council of 30 August 2003 on

Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public

Health, as well as the Decision of the WTO General Council of 6 December 2005 on Amendment

of the TRIPS Agreement, adopting the Protocol Amending the TRIPS Agreement.

ARTICLE 10.31

Extension of the Duration of the Rights Conferred by a Patent

The Parties recognise that pharmaceutical products **[1]** protected by a patent in their respective

territories may be subject to an administrative marketing approval process before being put on their

respective markets. The Parties shall make available an extension of the duration of the rights

conferred by the patent protection to compensate the patent owner for the reduction in the effective

patent life as a result of the administrative marketing approval process. **[2]** The extension of the

duration of the rights conferred by the patent protection may not exceed five years. **[3]**

**1** For the purposes of this Article and Article 10.33 (Protection of Test Data Submitted to
Obtain an Administrative Marketing Approval to put a Pharmaceutical Product on the
Market), the term "pharmaceutical product" shall be defined for each Party by the respective
legislations of the Parties as at the date of signature of this Agreement. In the case of the
Union, the term "pharmaceutical product" refers to "medicinal product".
**2** Singapore undertakes to make available an extension of the duration of the rights conferred by
patent protection to compensate the patent owner for the reduction in the effective patent life
as the result of the administrative marketing approval process to substances for diagnosis or
testing and authorised as a medicinal product.
**3** The conditions and procedures for the provision of the extension of the patent term shall be
determined by the respective legislations of the Parties. This is without prejudice to a possible
extension for paediatric purposes, if provided for by either Party.

EU/SG/en 239

ARTICLE 10.32

Cooperation

The Parties agree to cooperate on initiatives to facilitate:

(a) the granting of patents on the basis of applications filed by applicants of a Party in the other

Party; and

(b) the qualification and recognition of patent agent professionals of a Party in the territory of the

other Party.

EU/SG/en 240

SUB-SECTION F

PROTECTION OF TEST DATA

ARTICLE 10.33

Protection of Test Data Submitted to Obtain an Administrative Marketing Approval

to put a Pharmaceutical Product on the Market

Where a Party requires the submission of test data or studies concerning the safety and efficacy of a

pharmaceutical product prior to granting approval for the marketing of such product, that Party shall

not, for a period of at least five years from the date of approval in that Party, permit third parties to

market the same or a similar product on the basis of the marketing approval granted to the party

which had provided the test data or studies, unless that party has given its consent. **[1]** [,] **[2]** [,] **[3]**

**1** The conditions and procedures for the provision of the protection contemplated under this
Article shall be determined by the respective legislations of the Parties.
**2** The Parties shall, five years after the entry into force of this Agreement, initiate without
prejudice discussions on the possible extension of the duration of the protection of test data
submitted to obtain an administrative marketing approval to put a pharmaceutical product on
the market.
**3** In the context of this Article, it is understood that such confidential supporting test data or
studies shall not be used for the purpose of determining whether to grant any other application
for a period of at least five years:
(a) in the case of Singapore, from the date that the first application is received;
(b) in the case of the Union, from the date of approval of the first application,
unless the party which had provided the test data or studies has given his consent.

EU/SG/en 241

ARTICLE 10.34

Protection of Test Data Submitted

to Obtain an Administrative Marketing Approval

to put an Agricultural Chemical Product **[1]** on the Market

1. Where a Party requires the submission of test data or studies concerning the safety and

efficacy of an agricultural chemical product prior to the granting of approval for the marketing of

such product in that Party, the Party shall not, for a period of at least ten years from the date of

approval, permit third parties to market the same or a similar product on the basis of the marketing

approval granted to the party which had provided the test data or studies, unless that party has given

its consent.

**1** In the case of the Union, for the purposes of this Article, "agricultural chemical products"
means active substances and preparations containing one or more active substances, put up in
the form in which they are supplied to the user, intended to:
(a) protect plants or plant products against all harmful organisms or prevent the action of
such organisms, in so far as such substances or preparations are not otherwise defined in
subparagraphs (b) to (e);
(b) influence the life processes of plants, other than as a nutrient (e.g. plant growth
regulators);
(c) preserve plant products, in so far as such substances or products are not subject to
special Council or Commission provisions on preservatives;
(d) destroy undesirable plants; or
(e) destroy parts of plants, check or prevent undesirable growth of plants.

EU/SG/en 242

2. Where a Party provides for measures or procedures to avoid duplicative testing on vertebrate

animals with respect to agricultural chemical products, that Party may provide for the conditions

and circumstances under which third parties may market the same or similar product on the basis of

the marketing approval granted to the party which had provided the test data or studies.

3. Where a Party requires the submission of test data or studies concerning the safety or efficacy

of an agricultural chemical product prior to the granting of an approval for the marketing of such

product, that Party shall endeavour to make best efforts to process the application expeditiously,

with a view to avoiding unreasonable delays.

SUB-SECTION G

PLANT VARIETIES

ARTICLE 10.35

International Agreements

The Parties affirm their obligations under the International Convention for the Protection of New

Varieties of Plants adopted in Paris on 2 December 1961, as last revised in Geneva on

19 March 1991, including their ability to implement the optional exception to the breeder's right, as

referred to in paragraph 2 of Article 15 of that Convention.

EU/SG/en 243

SECTION C

CIVIL ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS

ARTICLE 10.36

General Obligations

1. The Parties affirm their commitments under Articles 41 to 50 of the TRIPS Agreement, and

shall provide for the measures, procedures and remedies under their respective domestic law against

acts of infringement of intellectual property rights covered by this Chapter, that are in compliance

with such commitments.

2. In particular, the measures, procedures and remedies referred to in paragraph 1, and provided

for by each Party under its domestic law, shall:

(a) take into account, as appropriate, the need for proportionality between the seriousness of the

infringement and the interests of third parties;

(b) be fair and equitable;

EU/SG/en 244

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

delays; and

(d) be applied in such a manner as to avoid the creation of barriers to legitimate trade and to

provide for safeguards against their abuse.

3. Nothing in this Chapter shall affect the capacity of either Party to enforce its domestic law in

general or create any obligation on either Party to amend its existing laws as they relate to the

enforcement of intellectual property rights. Without prejudice to the foregoing general principles,

nothing in this Chapter shall create any obligation on either Party:

(a) to put in place a judicial system for the enforcement of intellectual property rights that is

distinct from that for the enforcement of law in general; or

(b) with respect to the distribution of resources as between the enforcement of intellectual

property rights and the enforcement of law in general.

EU/SG/en 245

ARTICLE 10.37

Publication of Judicial Decisions

In civil judicial proceedings instituted for infringement of an intellectual property right, each Party

shall take appropriate measures, pursuant to its domestic law and policies, to publish or make

available to the public information on final judicial decisions. Nothing in this Article shall require a

Party to disclose confidential information, the disclosure of which would impede law enforcement

or otherwise be contrary to the public interest or would prejudice the legitimate commercial

interests of particular enterprises, public or private. Each Party may provide for other additional

publicity measures which are appropriate to the particular circumstances, including prominent

advertising.

ARTICLE 10.38

Availability of Civil Measures, Procedures and Remedies

1. Each Party shall make available, in its respective domestic law and to right holders, the civil

measures, procedures and remedies referred to in Section C (Civil Enforcement of Intellectual

Property Rights) for the intellectual property rights as defined in paragraph 2.

EU/SG/en 246

2. For the purposes of Section C (Civil Enforcement of Intellectual Property Rights), the

following terms have the following meanings:

(a) "right holders" shall include exclusive licensees as well as federations and associations **[1]**

having the legal standing to assert such rights; and

(b) "intellectual property rights" means all categories of intellectual property that are the subject

of Sections 1 to 6 of Part II of the TRIPS Agreement. **[2]**

ARTICLE 10.39

Measures for Preserving Evidence

1. Each Party shall provide that its judicial authorities have the authority to order prompt and

effective provisional measures:

(a) against a party or, where appropriate, a third party over whom the relevant judicial authority

exercises jurisdiction, to prevent an infringement of any intellectual property right from

occurring, and in particular to prevent goods that involve the infringement of an intellectual

property right from entering into the channels of commerce; and

**1** In so far as permitted by and in accordance with the provisions of the applicable law, it is
understood that the phrase "federations and associations" includes collective rights
management bodies and, in the Union context, professional defence bodies which are
regularly recognised as having a right to represent holders of intellectual property rights.
**2** A Party may exclude patents from the scope of Section C (Civil Enforcement of Intellectual
Property Rights).

EU/SG/en 247

(b) to preserve relevant evidence in regard to the alleged infringement.

2. Each Party shall provide that its judicial authorities have the authority to adopt provisional

measures _inaudita altera parte_ where appropriate, in particular where any delay is likely to cause

irreparable harm to the right holder or where there is a demonstrable risk of evidence being

destroyed. In proceedings conducted _inaudita altera parte_, each Party shall provide its judicial

authorities with the authority to act expeditiously on requests for provisional measures and to make

a decision without undue delay.

3. At least in cases of copyright or related rights infringement and in cases of trademark

counterfeiting, each Party shall provide that in civil judicial proceedings, its judicial authorities,

have the authority to order the seizure or taking into custody of suspect goods, of materials and

implements relevant to the act of infringement, and, at least for trademark counterfeiting, of

documentary evidence, either original or copies thereof, relevant to the infringement.

4. Each Party shall provide that its authorities have the authority to require the applicant, with

respect to provisional measures, to provide any reasonably available evidence in order to satisfy

themselves with a sufficient degree of certainty that the applicant's right is being infringed or that

such infringement is imminent, and to order the applicant to provide a security or equivalent

assurance sufficient to protect the defendant and to prevent abuse. Such security or equivalent

assurance shall not unreasonably deter recourse to procedures for such provisional measures.

EU/SG/en 248

5. Where the provisional measures are revoked, or where they lapse due to any act or omission

by the applicant, or where it is subsequently found that there has been no infringement of an

intellectual property right, the judicial authorities shall have the authority to order the applicant,

upon the request of the defendant, to provide the defendant appropriate compensation for any injury

caused by those measures.

ARTICLE 10.40

Evidence and Right of Information

1. Without prejudice to each Party's domestic law governing privilege, the protection of

confidentiality or the processing of personal data, each Party shall provide that, in civil judicial

proceedings concerning the enforcement of intellectual property rights, its judicial authorities have

the authority, upon a justified request of the right holder, to order the infringer or, in the alternative,

the alleged infringer, to provide, to the right holder or to the judicial authorities, at least for the

purpose of collecting evidence, relevant information as provided for in its applicable laws and

regulations that the infringer or alleged infringer possesses or controls.

2. The relevant information referred to in paragraph 1 may include information regarding any

person involved in any aspect of the infringement or alleged infringement and regarding the means

of production or the channels of distribution of the infringing or allegedly infringing goods or

services, including the identification of third persons alleged to be involved in the production and

distribution of such goods or services and of their channels of distribution.

EU/SG/en 249

ARTICLE 10.41

Other Remedies

1. Each Party shall provide that, in civil judicial proceedings where a judicial decision is taken

finding an infringement of a right holder's intellectual property right, its judicial authorities shall,

upon application by the right holder, have the authority, at least with respect to pirated copyright

goods and counterfeit trademark goods, to order:

(a) that such infringing goods, without compensation of any sort, be:

(i) destroyed, except in exceptional circumstances; or

(ii) disposed of outside the channels of commerce in such a manner as to avoid any harm

caused to the right holder; and

(b) that materials and implements, the predominant use of which has been in the manufacture or

creation of such infringing goods, shall be, without undue delay and without compensation of

any sort, destroyed or disposed of outside the channels of commerce in such a manner as to

minimise the risks of further infringements.

2. In considering any application by a right holder, as referred to in paragraph 1, the need for

proportionality between the seriousness of the infringement and the remedies ordered as well as the

interests of third parties shall be taken into account.

EU/SG/en 250

3. The remedies under this Article may be carried out at the expense of the infringer.

ARTICLE 10.42

Injunctions

Each Party shall provide that, in civil judicial proceedings where a judicial decision is taken finding

an infringement of a right holder's intellectual property right, its judicial authorities shall, upon

application by the right holder, have the authority to issue against the infringer or, where

appropriate, against a third party over whom the relevant judicial authority exercises jurisdiction, an

injunction aimed at prohibiting the continuation of the infringement. Where provided for by the

Party's domestic law, non-compliance with an injunction shall, where appropriate, be subject to a

recurring penalty payment with a view to ensuring compliance.

EU/SG/en 251

ARTICLE 10.43

Alternative Measures

Each Party may provide in its domestic law that, in civil judicial proceedings where a judicial

decision is taken finding an infringement of a right holder's intellectual property right, in

appropriate cases and on application by the person liable to be subject to the measures provided for

in Article 10.41 (Other Remedies) and/or Article 10.42 (Injunctions), its judicial authorities have

the authority to order pecuniary compensation to be paid to the injured party instead of applying the

measures provided for in Article 10.41 (Other Remedies) and/or Article 10.42 (Injunctions),

provided that the applicant acted unintentionally and without negligence, the execution of the

measures in question would cause disproportionate harm to the applicant, and pecuniary

compensation to the injured party appears reasonably satisfactory. **[1]**

**1** It is understood that, in the case of Singapore, Singapore may provide that its judicial
authorities have the authority to order pecuniary compensation if that person acted
unintentionally and without negligence, or if execution of the measures in question would
cause him disproportionate harm and if pecuniary compensation to the injured party appears
reasonably satisfactory.

EU/SG/en 252

ARTICLE 10.44

Damages

1. Each Party shall provide that, in civil judicial proceedings concerning the enforcement of

intellectual property rights, its judicial authorities have the authority to order the infringer who,

knowingly or with reasonable grounds to know, engaged in infringing activity to pay the right

holder damages adequate to compensate for the injury the right holder has suffered as a result of the

infringement.

2. In determining the amount of damages for infringement of intellectual property rights, a

Party's judicial authorities shall have the authority to consider, _inter alia_, any legitimate measure of

value the right holder submits, which may include lost profits, the value of the infringed goods or

services measured by the market price, or the suggested retail price. **[1]** At least in cases of copyright

or related rights infringement and trademark counterfeiting, each Party shall provide that its judicial

authorities have the authority to order the infringer to pay the right holder the infringer's profits that

are attributable to the infringement, whether as an alternative to or in addition to or as part of the

damages.

3. As an alternative to paragraph 2, each Party may provide that its judicial authorities have the

authority, in appropriate cases, to set the damages as a lump sum on the basis of elements such as at

least the amount of royalties or fees which would have been due if the infringer had requested

authorisation to use the intellectual property right in question.

**1** In the case of the Union, this would also include, in appropriate cases, elements other than
economic factors such as the moral prejudice caused to the right holder by the infringement.

EU/SG/en 253

4. Nothing in this Article precludes either Party from providing that where the infringer did not

knowingly, or with reasonable grounds to know, engage in infringing activity, its judicial authorities

may order the recovery of profits or the payment of damages which may be pre-established.

ARTICLE 10.45

Legal Costs

Each Party shall provide that its judicial authorities, where appropriate, have the authority to order,

at the conclusion of civil judicial proceedings concerning infringement of intellectual property

rights, that the prevailing party be awarded payment by the losing party of court costs or fees and

appropriate attorney's fees, or any other expenses as provided for under that Party's domestic law.

ARTICLE 10.46

Presumptions Relating to Copyright and Related Rights

In civil proceedings involving copyright or related rights, each Party shall provide for a

presumption that, at least with respect to a literary or artistic work, performance or phonogram, in

the absence of proof to the contrary, the natural or legal person whose name appears on such work,

performance or phonogram in the usual manner, is the right holder and is consequently entitled to

institute infringement proceedings.

EU/SG/en 254

ARTICLE 10.47

Liability of Intermediary Service Providers

1. Subject to paragraphs 2 to 6, each Party shall provide for exemptions or limitations in its

domestic law regarding the liability of, or scope of remedies available against, service providers for

infringements of copyright or related rights or trademarks that take place through systems or

networks controlled or operated by them or on their behalf.

2. The exemptions or limitations referred to in paragraph 1:

(a) shall cover the functions of:

(i) transmitting, **[1]** or providing access for material without selection and/or modification of

its content **[2]** ; and

(ii) caching carried out through an automatic process; **[3]** and

**1** It is understood that the function of transmission includes the function of routing.
**2** It is understood that the function of providing access for material without selection and/or
modification of the content also refers to any means that is used to access the communication
network and includes instances where connections are provided for the material.
**3** It is understood that the process of caching carried out through an automatic process may refer
to the intermediate and temporary storage of material in the course of transmission or
providing access to such material.

EU/SG/en 255

(b) may also cover the functions of:

(i) storage at the direction of a user of material residing on a system or network controlled

or operated by or for the service provider; and

(ii) referring or linking users to an online location by using information location tools,

including hyperlinks and directories.

3. Eligibility for the exemptions or limitations in this Article may not be conditioned on the

service provider monitoring its service, or affirmatively seeking facts indicating infringing activity,

except to the extent consistent with such technical measures.

4. Each Party may prescribe in its domestic law, conditions for service providers to qualify for

the exemptions or limitations in this Article. Without prejudice to paragraphs 1 to 3, each Party may

establish appropriate procedures for effective notifications of claimed infringement and effective

counter-notifications by those whose material is removed or disabled through mistake or

misidentification.

5. This Article is without prejudice to the availability of defences to the infringement of

copyright or related rights, or trademarks, that are of general applicability. This Article shall not

affect the possibility of the court or administrative authority of a Party, in accordance with its legal

system, requiring the service provider to terminate or prevent an infringement.

6. Either Party may request consultations with the other Party to consider how to address future

functions of a nature similar to those addressed in this Article.

EU/SG/en 256

SECTION D

BORDER MEASURES

ARTICLE 10.48

Definitions

For the purposes of this Section:

(a) "counterfeit geographical indication goods" means any goods, including packaging, bearing,

without authorisation, a sign which is identical to the geographical indication validly

registered in respect of such goods in the territory where the goods are, or which cannot be

distinguished in its essential aspects from such a geographical indication and which thereby

infringes the rights of the owner or holder of the geographical indication in question under the

domestic law of the Party where the goods are;

(b) "counterfeit trademark goods" means any goods, including packaging bearing, without

authorisation, a trademark which is identical to the trademark validly registered in respect of

such goods, or which cannot be distinguished in its essential aspects from such a trademark

and which thereby infringes the rights of the owner of the trademark in question under the

domestic law of the Party where the goods are;

EU/SG/en 257

(c) "goods in transit" means goods the passage of which across the territory of a Party, with or

without transhipment, whether or not landed in the territory of the Party, warehousing,

breaking bulk, or change in the mode of transport or conveyance, is only a portion of a

complete journey beginning and terminating beyond the frontier of the Party across which

territory the traffic passes;

(d) "pirated copyright goods" means any goods which are copies made without the consent of the

right holder or of a person duly authorised by the right holder in the country of production,

and which are made directly or indirectly from an article where the making of that copy

would have constituted an infringement of a copyright or a related right under the domestic

law of the Party where the goods are; and

(e) "pirated design goods" means any goods in respect of which the design is registered and to

which that design or a design not substantially different from it has been applied without the

consent of the right holder or of a person duly authorised by the right holder in the country of

production, where the making of those goods would have constituted an infringement under

the domestic law of the Party where the goods are.

EU/SG/en 258

ARTICLE 10.49

Scope of Border Measures

1. Without prejudice to paragraph 3, each Party shall adopt or maintain procedures with respect

to goods under customs control under which a right holder may request its competent authorities to

suspend the release of suspect:

(a) counterfeit trademark goods;

(b) pirated copyright goods;

(c) counterfeit geographical indication goods; and

(d) pirated design goods.

2. Each Party shall adopt or maintain procedures with respect to goods under customs control,

under which its competent authorities may act upon their own initiative to suspend the release of

suspect: **[1]**

(a) counterfeit trademark goods;

(b) pirated copyright goods; and

**1** The Parties will review the possibility of including pirated design goods within the scope of
paragraph 2 of this Article within three years of the entry into force of this Agreement. The
Parties may, by decision in the Trade Committee, amend paragraph 2 of this Article as a result
of such review.

EU/SG/en 259

(c) counterfeit geographical indication goods.

3. The Parties shall not have the obligation to provide for the procedures referred to in

paragraphs 1 and 2 with regards to goods in transit. This is without prejudice to paragraph 2 of

Article 10.51 (Cooperation).

4. Singapore shall fully implement the obligations of paragraphs 1 and 2 ideally within two but

no later than three years of the entry into force of this Agreement with regard to procedures with

respect to:

(a) counterfeit geographical indication goods; and

(b) pirated design goods.

ARTICLE 10.50

Identification of Shipments

To facilitate the effective enforcement of intellectual property rights, the customs authorities shall

adopt a range of approaches to identify shipments containing counterfeit trademark goods, pirated

copyright goods, pirated design goods, and counterfeit geographical indication goods. These

approaches include risk analysis techniques based, _inter alia_, on information provided by right

holders, intelligence gathered and cargo inspections.

EU/SG/en 260

ARTICLE 10.51

Cooperation

1. The Parties agree to cooperate with a view to eliminating international trade in goods that

infringe intellectual property rights. For this purpose, they shall, in particular, exchange information

and arrange for cooperation, to be mutually agreed between their customs authorities, with regard to

trade in counterfeit trademark goods, pirated copyright goods, pirated design goods, or counterfeit

geographical indication goods.

2. For shipments of goods transiting or transhipped through the territory of a Party and destined

for the territory of the other Party, which are suspected of being counterfeit or pirated, the Parties

shall, upon their own initiative or upon the request of the other Party, provide available information

to the other Party to enable effective enforcement against those shipments. The Parties may not

provide information which is submitted confidentially by the shipper, shipping line or its agent.

EU/SG/en 261

SECTION E

COOPERATION

ARTICLE 10.52

Cooperation

1. The Parties agree to cooperate with a view to supporting the implementation of the

commitments and obligations undertaken under this Chapter. Areas of cooperation include, but are

not limited to, the following activities:

(a) exchange of information on legal frameworks concerning intellectual property rights,

including implementation of intellectual property legislation and systems, aimed at promoting

the efficient registration of intellectual property rights;

(b) exchange, between respective authorities responsible for the enforcement of intellectual

property rights, of their experiences and best practices concerning enforcement of intellectual

property rights;

(c) exchange of information and cooperation on public outreach and appropriate initiatives to

promote awareness of the benefits of intellectual property rights and systems;

EU/SG/en 262

(d) capacity-building and technical cooperation in relation, but not limited, to: management,

licensing, valuation and exploitation of intellectual property rights; technology and market

intelligence; facilitation of industry collaborations, including on intellectual property rights

that may be applied towards environmental conservation or enhancement, which may include

establishing a platform or database; and public private partnerships to support culture and

innovation;

(e) exchange of information and cooperation on intellectual property issues, where appropriate

and relevant to developments in environmentally friendly technology; and

(f) any other areas of cooperation or activities as may be discussed and agreed between the

Parties.

2. Without prejudice to paragraph 1, the Parties agree to designate a contact point for the

purpose of maintaining dialogue including, where useful, convening meetings on intellectual

property issues between their respective technical experts on matters covered by this Chapter.

3. Cooperation under this Article shall be carried out subject to each Party's laws, rules,

regulations, directives or policies. Cooperation shall also be on mutually agreed terms and

conditions and be subject to the availability of resources of each Party.

EU/SG/en 263

CHAPTER ELEVEN

COMPETITION AND RELATED MATTERS

SECTION A

ANTI-COMPETITIVE CONDUCT AND MERGERS

ARTICLE 11.1

Principles

1. The Parties recognise the importance of free and undistorted competition in their trade

relations. They acknowledge that anti-competitive business conduct and anti-competitive

transactions have the potential to distort the proper functioning of their markets and undermine the

benefits of trade liberalisation.

EU/SG/en 264

2. To promote free and undistorted competition in all sectors of their economy, each Party shall

maintain in its respective territory comprehensive legislation which effectively addresses the

following practices, where such practices affect trade between the Parties:

(a) horizontal and vertical agreements **[1]** between undertakings, decisions by associations of

undertakings, and concerted practices, which have as their object or effect the prevention,

restriction or distortion of competition in the territory of either Party as a whole or in a

substantial part thereof;

(b) abuses by one or more undertakings of a dominant position in the territory of either Party as a

whole or in a substantial part thereof; and

(c) concentrations between undertakings which result in a substantial lessening of competition or

which significantly impede effective competition, in particular as a result of the creation or

strengthening of a dominant position in the territory of either Party as a whole or in a

substantial part thereof.

**1** Where the competent authority in Singapore assesses that according to the prohibition laid
down in section 34 of the Competition Act (Chapter 50B), the anti-competitive effects of a
vertical agreement will likely outweigh its pro-competitive effects, the competent authority
will refer the matter to the Minister. The Minister shall decide on the applicability of
section 34 of the Competition Act to the vertical agreement in question. This is without
prejudice to the possibility of the competent authority in Singapore applying section 47 of the
Competition Act, which is applicable to vertical agreements concluded by a dominant firm.

EU/SG/en 265

ARTICLE 11.2

Implementation

1. Each Party shall maintain its autonomy in developing and enforcing its law. The Parties

undertake, however, to maintain authorities that are responsible for, and appropriately equipped to

effectively enforce the legislation referred to in paragraph 2 of Article 11.1 (Principles).

2. The Parties will apply their respective legislation referred to in paragraph 2 of

Article 11.1 (Principles) in a transparent and non-discriminatory manner, respecting the principles

of procedural fairness and the rights of defence of the parties concerned, including the right of the

parties concerned to be heard prior to the taking of a decision in a case.

SECTION B

PUBLIC UNDERTAKINGS, UNDERTAKINGS ENTRUSTED

WITH SPECIAL OR EXCLUSIVE RIGHTS AND STATE MONOPOLIES

ARTICLE 11.3

Public Undertakings and Undertakings Entrusted with Special or Exclusive Rights

1. Nothing in this Chapter prevents a Party from establishing or maintaining public

undertakings, or entrusting undertakings with special or exclusive rights according to its respective

law.

EU/SG/en 266

2. Each Party shall ensure that public undertakings and undertakings that are entrusted with

special or exclusive rights are subject to the legislation referred to in Section A (Anti-Competitive

Conduct and Mergers), insofar as the application of such rules does not obstruct the performance, in

law or in fact, of the particular tasks assigned to them.

3. Each Party shall ensure that undertakings entrusted with special or exclusive rights do not use

those special or exclusive rights to engage either directly or indirectly, including through their

dealings with their parents, subsidiaries, or other undertakings with common ownership, in anti

competitive practices in another market in respect of which such undertakings have no special or

exclusive rights, that adversely affect investments, trade in goods or services of the other Party.

4. Singapore shall ensure that any public undertaking and any undertaking entrusted with special

or exclusive rights acts solely in accordance with commercial considerations in its purchase or sale

of goods or services, such as with regard to price, quality, availability, marketability, transportation,

and other terms and conditions of purchase or sale, and provides non-discriminatory treatment to

establishments of the Union, to goods of the Union, and to service suppliers of the Union.

EU/SG/en 267

ARTICLE 11.4

State Monopolies

While nothing in this Chapter shall be construed to prevent a Party from designating or maintaining

state monopolies, each Party shall adjust state monopolies of a commercial character to ensure no

discrimination is exercised by such monopolies regarding the conditions under which goods and

services are procured from and marketed to natural or legal persons of the other Party.

SECTION C

SUBSIDIES

ARTICLE 11.5

Definition and Scope

1. For the purposes of this Agreement, a subsidy is a measure which fulfils the conditions set out

in Article 1.1 of the SCM Agreement, _mutatis mutandis,_ irrespective of whether the subsidy is

granted in relation to the production of goods or of services. **[1]**

**1** This paragraph does not prejudice the outcome of future discussions in the WTO on the
definition of subsidies for services. The Parties shall give positive consideration to the
adoption of a possible decision by the Trade Committee to update this Agreement to reflect
the agreement reached at the WTO on the definition of subsidies for services.

EU/SG/en 268

2. Subsidies shall be subject to this Chapter only if they are specific, within the meaning of

Article 2 of the SCM Agreement. Any subsidy falling under Article 11.7 (Prohibited Subsidies)

shall be deemed to be specific.

3. Articles 11.7 (Prohibited Subsidies), 11.8 (Other Subsidies) and 11.10 (Review Clause) and

Annex 11-A shall not apply to fisheries subsidies, subsidies related to products covered by Annex 1

of the Agreement on Agriculture and other subsidies covered by the Agreement on Agriculture.

ARTICLE 11.6

Relationship with the WTO

The provisions in this Section are without prejudice to the rights and obligations of a Party under

the WTO Agreement, in particular to apply trade remedies or to engage in dispute settlement

proceedings or other appropriate action against a subsidy granted by the other Party.

ARTICLE 11.7

Prohibited Subsidies

1. With respect to subsidies related to trade in goods, the Parties affirm their rights and

obligations under Article 3 of the SCM Agreement, which is hereby incorporated into and made

part of this Agreement, _mutatis mutandis_ .

EU/SG/en 269

2. The following subsidies related to trade in goods and services shall be prohibited unless the

subsidising Party upon the request of the other Party has demonstrated that the subsidy in question

does not affect trade of the other Party nor will be likely to do so:

(a) any legal arrangements whereby a government or any public body is responsible for covering

debts or liabilities of certain undertakings without any limitation in law or in fact as to the

amount of those debts and liabilities or the duration of such responsibility; and

(b) any support to insolvent or ailing undertakings in whatever form (such as loans and

guarantees, cash grants, capital injections, provision of assets below market prices, tax

exemptions) without a credible restructuring plan, based on realistic assumptions, with a view

to ensuring the return of the ailing undertaking to long-term viability within a reasonable time,

and without the undertaking itself significantly contributing to the costs of restructuring. **[1]**

3. Subparagraphs 2(a) and 2(b) do not prevent a Party from providing subsidies to remedy a

serious disturbance in its economy. A serious disturbance in the economy of a Party means an

exceptional, temporary and significant crisis which affects the whole economy of the Party rather

than a specific region or economic sector of that Party.

4. Subparagraph 2(b) does not apply to subsidies granted as compensation for carrying out

public service obligations nor to subsidies to the coal industry.

**1** This does not prevent the Parties from providing temporary liquidity support in the form of
loan guarantees or loans limited to the amount needed to merely to keep an ailing undertaking
in business for the time necessary to work out a restructuring or liquidation plan.

EU/SG/en 270

ARTICLE 11.8

Other Subsidies

1. The Parties agree to use their best endeavours to apply their competition law or other laws to

remedy or remove distortions of competition caused by other specific subsidies related to trade in

goods and services which are not covered by Article 11.7 (Prohibited Subsidies), insofar as they

affect or are likely to affect trade of either Party, and also to prevent the occurrence of such

situations. Annex 11-A contains guidance in particular on the types of subsidies which do not

produce these effects.

2. The Parties agree to exchange information at the request of either Party and hold a first

dialogue within two years of the entry into force of this Agreement with a view to developing rules

applicable to other subsidies, taking into account developments at multilateral level. To that end, the

Parties may take a decision in the Trade Committee.

ARTICLE 11.9

Transparency

1. Each Party shall ensure transparency in the area of subsidies that relate to trade in goods or to

the supply of services. To that end, each Party shall report every two years to the other Party on the

legal basis, the form, and to the extent possible, the amount or budget, and on the recipients of

subsidies granted by its government or any public body.

EU/SG/en 271

2. Such report shall be deemed to have been provided if the relevant information was made

available by the Parties, or on their behalf, on a publicly accessible website by June of the second

calendar year after the subsidies were granted.

ARTICLE 11.10

Review Clause

The Parties shall keep under constant review the matters to which reference is made in this Section.

Each Party may refer such matters to the Trade Committee. The Parties agree to review progress in

implementing this Section every two years after the entry into force of this Agreement, unless both

Parties agree otherwise.

SECTION D

GENERAL MATTERS

ARTICLE 11.11

Cooperation and Coordination in Law Enforcement

The Parties recognise the importance of cooperation and coordination to further enhance effective

law enforcement. Their respective authorities shall endeavour to coordinate and cooperate in the

enforcement of their respective laws to fulfil the objective of this Agreement of free and undistorted

competition in their trade relations.

EU/SG/en 272

ARTICLE 11.12

Confidentiality

1. When a Party communicates information under this Agreement, that Party shall ensure the

protection of business secrets and other confidential information.

2. When a Party communicates information in confidence under this Agreement, the receiving

Party shall, consistent with its laws and regulations, maintain the confidentiality of that

communicated information.

ARTICLE 11.13

Consultation

1. To foster mutual understanding between the Parties or to address specific matters that arise

under Section A (Anti-Competitive Conduct and Mergers), Section B (Public Undertakings,

Undertakings Entrusted with Special or Exclusive Rights and State Monopolies) or

Section D (General Matters), each Party upon the request of the other Party, shall enter into

consultations regarding representations made by the other Party. In its requests, the Party shall

indicate, if relevant, how the matter affects trade between the Parties.

EU/SG/en 273

2. The Parties shall promptly discuss, upon the request of a Party, any questions arising from the

interpretation or application of Section A (Anti-Competitive Conduct and Mergers), Section B

(Public Undertakings, Undertakings Entrusted with Special or Exclusive Rights and State

Monopolies) or Section D (General Matters).

3. To facilitate discussion of the matter that is the subject of the consultations, each Party shall

endeavour to provide relevant non-confidential information to the other Party.

ARTICLE 11.14

Dispute Settlement and Mediation Mechanism

Neither Party may have recourse to Chapter Fourteen (Dispute Settlement) and

Chapter Fifteen (Mediation Mechanism) for any matter arising under this Chapter except for

Article 11.7 (Prohibited Subsidies).

EU/SG/en 274

CHAPTER TWELVE

TRADE AND SUSTAINABLE DEVELOPMENT

SECTION A

INTRODUCTORY PROVISIONS

ARTICLE 12.1

Context and Objectives

1. The Parties recall the Agenda 21 of the United Nations Conference on Environment and

Development of 1992, the Preamble to the WTO Agreement, the Singapore Ministerial Declaration

of the WTO of 1996, the Johannesburg Plan of Implementation on Sustainable Development of

2002, the Ministerial Declaration of the UN Economic and Social Council on Generating Full and

Productive Employment and Decent Work for All of 2006, and the International Labour

Organization (hereinafter referred to as "ILO") Declaration on Social Justice for a Fair

Globalization of 2008. In view of these instruments, the Parties reaffirm their commitment to

developing and promoting international trade and their bilateral trade and economic relationship in

such a way as to contribute to sustainable development.

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2. The Parties recognise that economic development, social development and environmental

protection are interdependent and mutually reinforcing components of sustainable development.

They underline the benefit of cooperation on trade-related social and environmental issues as part of

a global approach to trade and sustainable development.

3. The Parties recognise that it is inappropriate to encourage trade or investment by weakening

or reducing the protections afforded by their domestic labour and environment law. At the same

time, the Parties stress that environmental and labour standards should not be used for protectionist

trade purposes.

4. The Parties recognise that it is their aim to strengthen their trade relations and cooperation in

ways that promote sustainable development in the context of paragraphs 1 and 2. In light of the

specific circumstances of each Party, it is not their intention to harmonise the labour or environment

standards of the Parties.

ARTICLE 12.2

Right to Regulate and Levels of Protection

1. The Parties recognise the right of each Party to establish its own levels of environmental and

labour protection, and to adopt or modify its relevant laws and policies accordingly, consistent with

the principles of the internationally recognised standards or agreements to which it is party, referred

to in Articles 12.3 (Multilateral Labour Standards and Agreements) and 12.6 (Multilateral

Environmental Standards and Agreements).

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2. The Parties shall continue to improve those laws and policies, and shall strive towards

providing and encouraging high levels of environmental and labour protection.

SECTION B

TRADE AND SUSTAINABLE DEVELOPMENT –

LABOUR ASPECTS **[1]**

ARTICLE 12.3

Multilateral Labour Standards and Agreements

1. The Parties recognise the value of international cooperation and agreements on employment

and labour affairs as a response of the international community to economic, employment and

social challenges and opportunities resulting from globalisation. They commit to consulting and

cooperating as appropriate on trade-related labour and employment issues of mutual interest.

**1** When "labour" is referred to in this Chapter, it includes the issues relevant to the Decent
Work Agenda as agreed on in the ILO and in the Ministerial Declaration of the UN Economic
and Social Council on Generating Full and Productive Employment and Decent Work for All
of 2006.

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2. The Parties affirm their commitments, under the Ministerial Declaration of the UN Economic

and Social Council on Generating Full and Productive Employment and Decent Work for All of

2006, to recognising full and productive employment and decent work for all as a key element of

sustainable development for all countries and as a priority objective of international cooperation.

The Parties resolve to promote the development of international trade in a way that is conducive to

full and productive employment and decent work for all.

3. In accordance with the obligations assumed under the ILO and the ILO Declaration on

Fundamental Principles and Rights at Work and its Follow-up adopted by the International Labour

Conference at its 86th Session in Geneva, June 1998, the Parties commit to respecting, promoting

and effectively implementing the principles concerning the fundamental rights at work, namely:

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

(b) the elimination of all forms of forced or compulsory labour;

(c) the effective abolition of child labour; and

(d) the elimination of discrimination in respect of employment and occupation.

The Parties affirm the commitment to effectively implementing the ILO Conventions that Singapore

and the Member States of the Union have ratified respectively.

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4. The Parties will make continued and sustained efforts towards ratifying and effectively

implementing the fundamental ILO conventions, and they will exchange information in this regard.

The Parties will also consider the ratification and effective implementation of other ILO

conventions, taking into account domestic circumstances. The Parties will exchange information in

this regard.

5. The Parties recognise that the violation of fundamental principles and rights at work cannot be

invoked or otherwise used as a legitimate comparative advantage.

ARTICLE 12.4

Labour Cooperation

in the Context of Trade and Sustainable Development

The Parties recognise the importance of working together on trade-related aspects of labour policies

in order to achieve the objectives of this Agreement. The Parties may initiate cooperative activities

of mutual benefit in areas including, but not limited to:

(a) cooperation in international fora addressing labour aspects of trade and sustainable

development, including, but not limited to, the ILO and Asia-Europe Meeting;

(b) the exchange of information and the sharing of best practices in areas such as labour law and

practices, compliance and enforcement systems, labour dispute management, labour

consultation, labour-management cooperation and occupational safety and health;

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(c) the exchange of views on the positive and negative impacts of this Agreement on labour

aspects of sustainable development and on ways to enhance, prevent or mitigate those

impacts, taking into account sustainability impact assessments carried out by either or both

Parties;

(d) the exchange of views on the promotion of the ratification of fundamental ILO Conventions

and other conventions of mutual interest, as well as on the effective implementation of ratified

conventions;

(e) cooperation on trade-related aspects of the ILO Decent Work Agenda, including on the

interlinkages between trade and full and productive employment, labour market adjustment,

core labour standards, labour statistics, human resources development and lifelong learning,

social protection and social inclusion, social dialogue and gender equality; and

(f) the exchange of views on the trade impact of labour regulations, norms and standards.

ARTICLE 12.5

Scientific Information

Each Party, when preparing and implementing measures aimed at health and safety at work which

may affect trade or investment between the Parties, shall take account of relevant scientific and

technical information and related international standards, guidelines or recommendations, if

available, including the precautionary principle as enshrined in such international standards,

guidelines or recommendations.

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SECTION C

TRADE AND SUSTAINABLE DEVELOPMENT –

ENVIRONMENTAL ASPECTS

ARTICLE 12.6

Multilateral Environmental Standards and Agreements

1. The Parties recognise the value of international environmental governance and agreements as

a response of the international community to global or regional environmental problems, and they

stress the need to enhance the mutual supportiveness between trade and environment policies, rules

and measures. In this context, they will consult and cooperate as appropriate with respect to

negotiations on trade-related environmental issues of mutual interest.

2. The Parties shall effectively implement, in their respective laws, regulations or other measures

and practices in their territories, the multilateral environmental agreements to which they are party. **[1]**

**1** The multilateral environmental agreements referred to shall encompass those protocols,
amendments, annexes and adjustments binding on the Parties.

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3. The Parties affirm their commitment to reaching the ultimate objective of the UN Framework

Convention on Climate Change (hereinafter referred to as "UNFCCC"), and to effectively

implementing the UNFCCC, its Kyoto Protocol, and the Paris Agreement of 12 December 2015 in a

manner consistent with the principles and provisions of the UNFCCC. They commit to work

together to strengthen the multilateral, rules-based regime under the UNFCCC building on the

UNFCCC's agreed decisions, and to support efforts to develop a post-2020 international climate

change agreement under the UNFCCC applicable to all parties.

4. Nothing in this Agreement shall prevent a Party from adopting or maintaining measures to

implement the multilateral environmental agreements to which they are party, provided that such

measures are not applied in a manner that would constitute a means of arbitrary or unjustifiable

discrimination between the Parties or a disguised restriction on trade.

ARTICLE 12.7

Trade in Timber and Timber Products

The Parties recognise the importance of the global conservation and sustainable management of

forests. To that end, the Parties undertake to:

(a) exchange information on approaches to promote the trade in, and the consumption of, timber

and timber products from legally and sustainably managed forests, and to promote the

awareness of such approaches;

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(b) promote global forest law enforcement and governance and to address trade in illegally

harvested timber and timber products through, for example, promoting the use of timber and

timber products from legally and sustainably managed forests, including through verification

and certification schemes;

(c) cooperate to promote the effectiveness of measures or policies aimed at addressing the trade

in illegally harvested timber and timber products; and

(d) promote the effective use of the Convention on International Trade in Endangered Species of

Wild Fauna and Flora (CITES) with regard to timber species whose conservation status is

considered at risk.

ARTICLE 12.8

Trade in Fish Products

The Parties recognise the importance of ensuring the conservation and management of fish stocks

and in a sustainable manner. To that end, the Parties undertake to:

(a) comply with long-term conservation measures and sustainable exploitation of fish stocks as

defined in the international instruments ratified by the respective Parties and to uphold the

principles of the Food and Agriculture Organization of the UN (hereinafter referred to

as "FAO") and relevant UN instruments relating to these issues;

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(b) introduce and implement effective measures to combat illegal, unreported and unregulated

(hereinafter referred to as "IUU") fishing, including by cooperating with Regional Fisheries

Managements Organisations and implementing their Catch Documentation or Certification

Schemes for the export of fish and fish products, when required, and the Parties shall also

facilitate the elimination of IUU products from trade flows and the exchange of information

on IUU activities;

(c) adopt effective monitoring and control measures to ensure compliance with conservation

measures, such as appropriate Port State Measures; and

(d) uphold the principles of the FAO Agreement to Promote Compliance with International

Conservation and Management Measures by Fishing Vessels on the High Seas and respect the

relevant provisions of the FAO Agreement on Port State Measures to Prevent, Deter and

Eliminate IUU Fishing.

ARTICLE 12.9

Scientific Information

Each Party, when preparing and implementing measures aimed at environmental protection which

may affect trade or investment between the Parties, shall take account of scientific evidence and

relevant international standards, guidelines or recommendations, where available, and of the

precautionary principle.

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ARTICLE 12.10

Cooperation on Environmental Aspects

in the Context of Trade and Sustainable Development

The Parties recognise the importance of working together on trade-related aspects of environmental

policies in order to achieve the objectives of this Agreement. The Parties may initiate cooperative

activities of mutual benefit in areas including, but not limited to:

(a) the exchange of views on the positive and negative impacts of this Agreement on

environmental aspects of sustainable development and ways to enhance, prevent or mitigate

those impacts, taking into account sustainability impact assessments carried out by either or

both Parties;

(b) cooperation in international fora addressing environmental aspects of trade and sustainable

development, including in particular in the WTO, under the United Nations Environment

Programme and under multilateral environmental agreements;

(c) cooperation with a view to promoting the ratification and effective implementation of

multilateral environmental agreements with relevance to trade;

(d) the exchange of information and cooperation on private and public certification and labelling

schemes, including eco-labelling, and on green public procurement;

(e) the exchange of views on the trade impact of environmental regulations, norms and standards;

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(f) cooperation on trade-related aspects of the current and future international climate change

regime, including ways to address adverse effects of trade on climate, as well as means to

promote low-carbon technologies and energy efficiency;

(g) cooperation on trade related aspects of multilateral environmental agreements, including

customs cooperation;

(h) cooperation on sustainable forest management to encourage effective measures for

certification of sustainably produced timber;

(i) the exchange of views on the relationship between multilateral environmental agreements and

international trade rules;

(j) the exchange of views on the liberalisation of environmental goods and services; and

(k) the exchange of views regarding conservation and management of the living marine

resources.

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SECTION D

GENERAL PROVISIONS

ARTICLE 12.11

Trade and Investment Promoting Sustainable Development

1. The Parties resolve to make continuing special efforts to facilitate and promote trade and

investment in environmental goods and services, including through addressing related non-tariff

barriers. The Parties also recognise the usefulness of efforts to promote trade in goods that are the

subject of voluntary or private sustainable development assurance schemes, such as eco-labelling,

or fair and ethical trade.

2. The Parties shall pay special attention to facilitating the removal of obstacles to trade or

investment concerning climate-friendly goods and services, such as sustainable renewable energy

goods and related services and energy efficient products and services, including through the

adoption of policy frameworks conducive to the deployment of best available technologies and

through the promotion of standards that respond to environmental and economic needs and

minimise technical obstacles to trade.

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3. The Parties recognise the need to ensure that, when developing public support systems for

fossils fuels, proper account is taken of the need to reduce greenhouse gas emissions and of the need

to limit distortions of trade as much as possible. While subparagraph 2(b) of

Article 11.7 (Prohibited Subsidies) does not apply to subsidies to the coal industry, the Parties share

the goal of progressively reducing subsidies for fossil fuels. Such reductions may be accompanied

by measures to alleviate the social consequences associated with the transition to low carbon fuels.

In addition, both Parties will actively promote the development of a sustainable and safe low-carbon

economy, such as through investment in renewable energies and energy efficient solutions.

4. When promoting trade and investment, the Parties should make special efforts to promote

corporate social responsibility practices which are adopted on a voluntary basis. In this regard, each

Party shall refer to relevant internationally accepted principles, standards or guidelines to which it

has agreed or acceded, such as the Organization for Economic Cooperation and Development

Guidelines for Multinational Enterprises, the UN Global Compact, and the ILO Tripartite

Declaration of Principles concerning Multinational Enterprises and Social Policy. The Parties

commit to exchanging information and cooperating on promoting corporate social responsibility.

ARTICLE 12.12

Upholding Levels of Protection

1. A Party shall not waive or otherwise derogate from, or offer to waive or otherwise derogate

from, its environmental and labour laws, in a manner affecting trade or investment between the

Parties.

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2. A Party shall not fail to effectively enforce its environmental and labour laws, through a

sustained or recurring course of action or inaction, where such failure to effectively enforce would

affect trade or investment between the Parties.

ARTICLE 12.13

Transparency

Each Party shall ensure that where any measure of general application aimed at protecting the

environment or labour conditions may affect trade and investment between the Parties, such

measure is developed, introduced and administered in a transparent manner and with due notice and

opportunities for interested persons to submit their views, in accordance with that Party's domestic

law and with Chapter Thirteen (Transparency).

ARTICLE 12.14

Review of Impact on Sustainable Development

1. The Parties undertake to jointly or independently monitor, assess and review the impact of the

implementation of this Agreement on sustainable development through their relevant participative

processes and institutions, in accordance with their existing practices.

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2. The Parties will exchange views on methodologies and indicators for trade sustainability

impact assessments.

ARTICLE 12.15

Institutional Set up and Monitoring Mechanism

1. Each Party shall designate an office within its administration that shall serve as contact point

with the other Party for the purpose of implementing this Chapter.

2. The Parties shall establish a Board on Trade and Sustainable Development (hereinafter

referred to as the "Board"). The Board shall comprise senior officials from within the administration

of each Party.

3. The Board shall meet within the first two years after the date this Agreement enters into force

and thereafter as necessary, to oversee the implementation of this Chapter.

4. Each meeting of the Board shall include a public session with stakeholders to exchange views

on issues related to the implementation of this Chapter. The Parties shall promote a balanced

representation of relevant interests, including independent representative organisations of

employers, workers, environmental interests and business groups, as well as other relevant

stakeholders as appropriate.

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5. Each Party shall establish new consultative mechanisms or make use of existing consultative

mechanisms to seek advice from relevant domestic stakeholders on the implementation of this

Chapter, such as domestic advisory groups. Such mechanisms shall include balanced representation

of independent economic, social and environmental stakeholders. These stakeholders include

employers' and workers' organisations, and non-governmental organisations. These stakeholders

may, on their own initiative, submit views or recommendations to their respective Parties on the

implementation of this Chapter.

ARTICLE 12.16

Government Consultations

1. In case of disagreement on any matter arising under this Chapter, the Parties shall only have

recourse to the procedures provided for in Article 12.16 (Government Consultations) and Article

12.17 (Panel of Experts). Chapter Fourteen (Dispute Settlement) and Chapter Fifteen (Mediation

Mechanism) do not apply to this Chapter.

2. In case of any disagreement referred to in paragraph 1, a Party may request consultations with

the other Party by delivering a written request to the contact point of the other Party. Consultations

shall commence promptly after a Party has delivered a request for consultations.

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3. The Parties shall make every attempt to arrive at a mutually satisfactory resolution of the

matter. The Parties shall take into account the activities of the ILO or relevant multilateral

environmental organisations or bodies so as to promote greater cooperation and coherence between

the work of the Parties and these organisations. Where relevant, the Parties, subject to mutual

agreement, may seek the views of these organisations or bodies, or of any person or body the

Parties deem appropriate, in order to fully examine the matter.

4. If a Party considers that the matter needs further discussion that Party may request that the

Board be convened to consider the matter by delivering a written request to the contact point of the

other Party. The Board shall convene promptly and endeavour to agree on a resolution of the matter.

5. Where appropriate, the Board may consult relevant stakeholders.

6. Any resolution reached by the Board on the matter shall be made public unless it otherwise

decides.

ARTICLE 12.17

Panel of Experts

1. For any matter that has not been satisfactorily addressed by the Board within 120 days from

the delivery of a request for the Board to convene to consider that matter pursuant to paragraph 4 of

Article 12.16 (Government Consultations), or within a longer period as agreed by both Parties, a

Party may request, by delivering a written request to the contact point of the other Party, that a

Panel of Experts be established to examine that matter.

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2. At its first meeting after the entry into force of this Agreement, the Board shall establish the

rules of procedure of the Panel of Experts, taking reference from the relevant Rules of Procedure in

Annex 14-A. The principles in Annex 14-B shall apply to this Article.

3. At its first meeting after the entry into force of this Agreement, the Board shall establish a list

of at least twelve individuals who are willing and able to serve on the Panel of Experts. This list

shall be composed of three sub-lists: one sub-list for each Party and one sub-list of individuals who

are not nationals of either Party and who shall act as Chairpersons of the Panel of Experts. Each

Party shall propose at least four individuals to serve as experts on its own sub-list. Each Party shall

also propose at least two individuals to serve on the sub-list of Chairpersons with the agreement of

both Parties. At its meetings, the Board will review the list and ensure that it is maintained at least

at the level of twelve individuals.

4. The list referred to in paragraph 3 shall comprise individuals with specialised knowledge or

expertise regarding the issues addressed in this Chapter, regarding labour or environmental law, or

regarding the resolution of disputes arising under international agreements. Those individuals shall

be independent, shall serve in their individual capacities, and shall neither take instructions from

any organisation or government with regard to issues related to the matter at stake nor be affiliated

with the government of Singapore, the government of any Member State of the Union, or the

Union.

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5. A Panel of Experts shall be composed of three members, unless the Parties agree otherwise.

Within 30 days of the date of receipt by the responding Party of the request for the establishment of

a Panel of Experts, the Parties shall consult each other in order to reach an agreement on its

composition. In the event that the Parties are unable to agree on the composition of the Panel of

Experts within this time-frame, they shall select the chairperson from the relevant sub-list referred

to in paragraph 3 by mutual agreement or, in case they cannot agree within another seven days, by

lot. Each Party shall select one expert who satisfies the requirements of paragraph 4 within 44 days

of the date of receipt by the responding Party of the request for the establishment of a Panel of

Experts. The Parties may agree on the selection of any other expert who satisfies the requirements

of paragraph 4 to sit on the Panel of Experts. In the event that the composition of the Panel of

Experts has not been completed within 44 days from the date of receipt by the responding Party of

the request for the establishment of a Panel of Experts, the remaining expert(s) shall be selected

within seven days by lot from among the individuals on the sub-list(s) referred to in paragraph 3

that was proposed by the Party or Parties that had not completed the procedure. In the event that

such list has not yet been established, the experts shall be selected by lot from the individuals who

have been formally proposed by one or both of the Parties. The date of establishment of the Panel of

Experts shall be the date on which the last of the three experts is selected.

6. Unless the Parties agree otherwise within seven days from the date of establishment of the

Panel of Experts, the terms of reference of the Panel of Experts shall be:

"To examine, in the light of the relevant provisions of the Trade and Sustainable Development

Chapter, the matter referred to in the request for the establishment of the Panel of Experts, and to

issue a report, in accordance with paragraph 8 of Article 12.17 (Panel of Experts), making

recommendations for the solution of the matter".

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7. The Panel of Experts may obtain information from any source it deems appropriate. In matters

related to the respect of multilateral agreements as set out in Articles 12.3 (Multilateral Labour

Standards and Agreements) and 12.6 (Multilateral Environmental Standards and Agreements), the

Panel of Experts should seek information and advice from the ILO or Multilateral Environmental

Agreement bodies. Any information obtained under this paragraph shall be disclosed to both Parties

and submitted to them for their comments.

8. The Panel of Experts shall issue an interim and a final report to the Parties. These reports shall

set out the findings of facts, the applicability of the relevant provisions, and the basic rationale

behind any findings and recommendations. The Panel of Experts shall issue the interim report to the

Parties not later than 90 days from its date of establishment. Any Party may submit written

comments on the interim report to the Panel of Experts. After considering any such written

comments, the Panel of Experts may modify the report and make any further examination it

considers appropriate. The Panel of Experts shall issue the final report to the Parties no later than

150 days from its date of establishment. Where it considers that the deadlines set in this paragraph

cannot be met, the chairperson of the Panel of Experts shall notify the Parties in writing, stating the

reasons for the delay and the date on which the Panel of Experts plans to issue its interim or final

report. The Panel of Experts shall issue the final report no later than 180 days after the date of its

establishment, unless the Parties agree otherwise. This final report shall be made publicly available

unless the Parties decide otherwise.

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9. The Parties shall discuss the appropriate measures to be implemented, taking into account the

report and recommendations of the Panel of Experts. The Party concerned shall inform its

stakeholders, through the consultative mechanisms referred to in paragraph 5 of Article 12.15

(Institutional Set Up and Monitoring Mechanism), and the other Party, of its decisions on any

actions or measures to be implemented, no later than three months after the report has been

submitted to the Parties. The follow-up to the report and the recommendations of the Panel of

Experts shall be monitored by the Board. Stakeholders may submit observations to the Board in this

regard.

CHAPTER THIRTEEN

TRANSPARENCY

ARTICLE 13.1

Definitions

For the purposes of this Chapter:

(a) "measure of general application" means laws, regulations, judicial decisions, procedures and

administrative rulings that may have an impact on any matter covered by this Agreement but

does not include a ruling that applies to a particular person; and

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(b) "interested person" means any natural or legal person that may be subject to any rights or

obligations under measures of general application.

ARTICLE 13.2

Objectives and Scope

1. Recognising the impact which their respective regulatory environments may have on trade

and investment between them, the Parties shall pursue a transparent and predictable regulatory

environment for economic operators, including small and medium-sized enterprises, that do

business in their territories.

2. The Parties, affirming their respective commitments under the WTO Agreement, hereby lay

down clarifications and improved arrangements for transparency, consultation, and the better

administration of measures of general application.

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ARTICLE 13.3

Publication regarding Measures of General Application

1. Each Party shall ensure that in respect of measures of general application:

(a) such measures are readily available to interested persons, in a non-discriminatory manner, via

an officially designated medium and, where feasible and possible, via electronic means, in

such a manner as to enable interested persons and the other Party to become acquainted with

them;

(b) an explanation of the objective of, and rationale for, such measures shall be provided to the

extent possible; and

(c) there shall be sufficient time between the publication and entry into force of such measures,

except where not possible for reasons of urgency.

2. Each Party shall:

(a) endeavour to publish in advance any proposal to adopt or to amend any measure of general

application, including an explanation of the objective of and rationale for the proposal;

(b) provide reasonable opportunities for interested persons to comment on such proposed

measures, allowing, in particular, for sufficient time for such opportunities; and

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(c) endeavour to take into account the comments received from interested persons with respect to

such proposed measures.

ARTICLE 13.4

Enquiries and Contact Points

1. In order to facilitate the effective implementation of this Agreement, and to facilitate

communication between the Parties on any matter covered by this Agreement, each Party shall

designate a contact point upon the entry into force of this Agreement.

2. Upon the request of a Party, the contact point of the other Party shall indicate the office or the

official responsible for any particular matter that pertains to the implementation of this Agreement

and assist, as necessary, in facilitating communication with the requesting Party.

3. Each Party shall establish or maintain appropriate mechanisms for responding to enquiries

from any interested person of the other Party regarding any measures of general application which

are proposed or in force, and their application. Enquiries may be addressed through the contact

points established under paragraph 1 or any other mechanism, as appropriate.

4. The Parties recognise that any response provided for in paragraph 3 may not be definitive or

legally binding but for information purposes only, unless otherwise provided for in their laws and

regulations.

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5. Requests or information under this Article shall be conveyed to the other Party through the

relevant contact points provided for in paragraph 1.

6. Upon the request of a Party, the other Party shall promptly provide information and respond

to questions pertaining to any actual or proposed measure of general application that the requesting

Party considers might affect the operation of this Agreement, regardless of whether the requesting

Party has previously been notified of that measure.

7. Each Party shall establish or maintain appropriate mechanism with the task of seeking to

effectively resolve problems for interested persons of the other Party that may arise from the

application of any measure of general application. Such processes should be easily accessible,

time-bound, result-oriented and transparent. They shall be without prejudice to any appeal or review

procedures which the Parties establish or maintain. They shall also be without prejudice to the

Parties' rights and obligations under Chapter Fourteen (Dispute Settlement) and Chapter Fifteen

(Mediation Mechanism).

8. Any information provided under this Article shall be without prejudice as to whether the

measure is consistent with this Agreement.

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ARTICLE 13.5

Administrative Proceedings

With a view to administering in a consistent, impartial and reasonable manner all measures of

general application, each Party, in applying such measures to particular persons, goods or services

of the other Party in specific cases, shall:

(a) when proceedings are initiated, endeavour to provide reasonable notice in accordance with its

procedures to interested persons of the other Party who are directly affected by such

proceedings, including a description of the nature of the proceedings, a statement of the legal

authority under which the proceedings are initiated, and a general description of any issues in

controversy;

(b) afford such interested persons a reasonable opportunity to present facts and arguments in

support of their positions prior to any final administrative action, insofar as permitted by time,

the nature of the proceedings and the public interest; and

(c) ensure that its procedures are based on and in accordance with its law.

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ARTICLE 13.6

Review of Administrative Actions

1. Each Party shall, subject to its domestic law, establish or maintain judicial, quasi-judicial or

administrative tribunals or procedures for the purposes of the prompt review and, where warranted,

the correction of administrative actions **[1]** relating to matters covered by this Agreement. Such

tribunals shall be impartial and shall be independent of the office or authority entrusted with

administrative enforcement, and shall not have any substantial interest in the outcome of the matter.

2. Each Party shall ensure that, in any such tribunals or procedures, the parties to the

proceedings have the right to:

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

(b) a decision that was based on the evidence and submissions of record or, where required by

law of the Party, based on the record compiled by the administrative authority.

3. Each Party shall ensure, subject to appeal or further review as provided for under the law of

that Party, that the decision referred to in paragraph 2 shall be implemented by, and shall govern the

practice of, the office or authority with respect to the administrative action at issue.

**1** For greater certainty, the review of administrative actions can take the form of common law
judicial review, and the correction of administrative actions may include a referral back to the
body that took such action for corrective action.

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ARTICLE 13.7

Regulatory Quality and Performance

and Good Administrative Behaviour

1. The Parties agree to cooperate in promoting regulatory quality and performance in their

respective regulatory policies through the exchange of information and best practices.

2. The Parties subscribe to the principles of good administrative behaviour, and agree to

cooperate in promoting it in their respective administrations through the exchange of information

and best practices.

ARTICLE 13.8

Specific Rules

Specific rules in other Chapters of this Agreement regarding the subject matter of this Chapter shall

prevail to the extent that they differ from the provisions of this Chapter.

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CHAPTER FOURTEEN

DISPUTE SETTLEMENT

SECTION A

OBJECTIVE AND SCOPE

ARTICLE 14.1

Objective

The objective of this Chapter is to establish an effective and efficient mechanism for avoiding and

settling disputes between the Parties concerning the interpretation and application of this Agreement

with a view to reaching, where possible, a mutually acceptable solution.

ARTICLE 14.2

Scope

This Chapter applies to any dispute between the Parties concerning the interpretation and

application of the provisions of this Agreement, except as otherwise expressly provided.

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SECTION B

CONSULTATIONS

ARTICLE 14.3

Consultations

1. The Parties shall endeavour to resolve any dispute concerning the interpretation and

application of the provisions referred to in Article 14.2 (Scope) by entering into consultations in

good faith with the aim of reaching a mutually agreed solution.

2. A Party shall seek consultations by means of a written request to the other Party, copied to the

Trade Committee, which shall give the reasons for requesting consultations, including the

identification of the measures at issue, the applicable provisions referred to in Article 14.2 (Scope),

and the reasons for considering the measures as incompatible with such provisions.

3. Consultations shall be held within 30 days of the date of receipt of the request and, unless the

Parties agree otherwise, shall take place on the territory of the Party complained against. The

consultations shall be deemed to be concluded within 60 days of the date of receipt of the request,

unless the Parties agree otherwise. Consultations shall be confidential, and shall be without

prejudice to the rights of either Party in any further proceedings.

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4. Consultations on matters of urgency, including those regarding perishable goods and, where

appropriate, seasonal goods or services, shall be held within 15 days of the date of receipt of the

request, and shall be deemed concluded within 30 days of the date of receipt of the request, unless

the Parties agree otherwise.

5. If the Party to which the request is made does not respond to the request for consultations

within ten days of the date of its receipt, or if consultations are not held within the timeframes laid

down in paragraph 3 or in paragraph 4 respectively, or if consultations have been concluded and no

mutually agreed solution has been reached, the complaining Party may request the establishment of

an arbitration panel in accordance with Article 14.4 (Initiation of Arbitration Procedure).

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SECTION C

DISPUTE SETTLEMENT PROCEDURES

SUB-SECTION A

ARBITRATION PROCEDURES

ARTICLE 14.4

Initiation of Arbitration Procedure

1. Where the Parties have failed to resolve a dispute by recourse to consultations as provided for

in Article 14.3 (Consultations), the complaining Party may request the establishment of an

arbitration panel in accordance with this Article.

2. The request for the establishment of an arbitration panel shall be made in writing to the Party

complained against and to the Trade Committee. The complaining Party shall identify in its request

the specific measure at issue, and it shall explain how such measure constitutes a breach of the

provisions referred to in Article 14.2 (Scope) in a manner sufficient to clearly present the legal basis

for the complaint.

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ARTICLE 14.5

Establishment of the Arbitration Panel

1. An arbitration panel shall be composed of three arbitrators.

2. Within five days of the date of receipt of the request referred to in paragraph 1 of

Article 14.4 (Initiation of Arbitration Procedure) by the Party complained against, the Parties shall

enter into consultations in order to agree on the composition of the arbitration panel.

3. In the event that the Parties are unable to agree on the choice of chairperson of the arbitration

panel within ten days of entering into the consultations referred to in paragraph 2, within 20 days of

entering into consultations referred to in paragraph 2, the chairperson of the Trade Committee or the

chairperson's delegate shall select one arbitrator who will serve as a chairperson by lot from the list

referred to under paragraph 1 of Article 14.20 (Lists of Arbitrators).

4. In the event that the Parties are unable to agree on the arbitrators within ten days of entering

into the consultations referred to in paragraph 2:

(a) each Party may select one arbitrator, who will not act as a chairperson, from the individuals

on the list established under paragraph 2 of Article 14.20 (Lists of Arbitrators), within 15 days

of entering into the consultations referred to in paragraph 2; and

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(b) if either Party fails to select an arbitrator under subparagraph 4(a), the chairperson of the

Trade Committee or the chairperson's delegate shall select any remaining arbitrator by lot

from among the individuals proposed by that Party pursuant to paragraph 2 of Article 14.20

(Lists of Arbitrators), within 20 days of entering into consultations referred to in paragraph 2.

5. Should the list provided for in paragraph 2 of Article 14.20 (Lists of Arbitrators) not be

established at the time required pursuant to paragraph 4:

(a) where both Parties have proposed individuals pursuant to paragraph 2 of Article 14.20 (Lists

of Arbitrators), each Party may select one arbitrator, who will not act as a chairperson, from

among the individuals proposed, within 15 days of entering into the consultations referred to

in paragraph 2. If a Party fails to select an arbitrator, the chairperson of the Trade Committee

or the chairperson's delegate shall select the arbitrator by lot from among the individuals

proposed by the Party which failed to select its arbitrator; or

(b) where only one Party has proposed individuals pursuant to paragraph 2 of Article 14.20 (Lists

of Arbitrators), each Party may select one arbitrator, who will not act as a chairperson, from

among the individuals proposed, within 15 days of entering into the consultations referred to

in paragraph 2. If a Party fails to select an arbitrator, the chairperson of the Trade Committee

or the chairperson's delegate shall select the arbitrator by lot from among the individuals

proposed.

6. Should the list provided for in paragraph 1 of Article 14.20 (Lists of Arbitrators) not be

established at the time required for the purposes of paragraph 3, the chairperson shall be selected by

lot from among former Members of the WTO Appellate Body, none of whom shall be natural

persons of a Party.

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7. The date of establishment of the arbitration panel shall be the date on which the last of the

three arbitrators is selected.

8. The replacement of arbitrators shall take place only for the reasons detailed in Rules 19 to 25

of Annex 14-A and in accordance with the procedures thereunder.

ARTICLE 14.6

Preliminary Ruling on Urgency

If a Party so requests, the arbitration panel shall give a preliminary ruling within ten days of its

establishment on whether it deems the case to be urgent.

ARTICLE 14.7

Interim Panel Report

1. The arbitration panel shall issue an interim report to the Parties setting out the findings of fact,

the applicability of relevant provisions of this Agreement, and the basic rationale behind any

findings and recommendations, not later than 90 days from the date of establishment of the

arbitration panel. Where the arbitration panel considers that this deadline cannot be met, the

chairperson of the arbitration panel must notify the Parties and the Trade Committee in writing,

stating the reasons for the delay and the date on which the arbitration panel plans to issue its interim

report. Under no circumstances should the arbitration panel issue its interim report later than

120 days after the date of its establishment.

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2. Any Party may submit a written request for the arbitration panel to review specific aspects of

the interim report within 30 days of its notification.

3. In cases of urgency, including those involving perishable goods or, where appropriate,

seasonal goods or services, the arbitration panel shall make every effort to issue its interim report

within half of the period allowed under paragraph 1, and any Party may submit a written request for

the arbitration panel to review specific aspects of the interim report within 15 days of its

notification.

4. After considering any written comments by the Parties on the interim report, the arbitration

panel may modify its report and make any further examination it considers appropriate. The

findings of the final ruling of the arbitration panel shall include a sufficient discussion of the

arguments made at the interim review stage, and shall clearly address the written comments of the

two Parties.

ARTICLE 14.8

Arbitration Panel Ruling

1. The arbitration panel shall issue its ruling to the Parties and to the Trade Committee within

150 days from the date of the establishment of the arbitration panel. Where it considers that this

deadline cannot be met, the chairperson of the arbitration panel shall notify the Parties and the

Trade Committee in writing, stating the reasons for the delay and the date on which the arbitration

panel plans to issue its ruling. Under no circumstances should the arbitration panel issue its ruling

later than 180 days after the date of its establishment.

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2. In cases of urgency, including those involving perishable goods or, where appropriate,

seasonal goods or services, the arbitration panel shall make every effort to issue its ruling within

75 days of the date of its establishment. Under no circumstances should the arbitration panel issue

its ruling later than 90 days after the date of its establishment.

SUB-SECTION B

COMPLIANCE

ARTICLE 14.9

Compliance with the Arbitration Panel Ruling

Each Party shall take any measure necessary to comply in good faith with the ruling of the

arbitration panel, and the Parties shall endeavour to agree on the period of time to comply with the

ruling.

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ARTICLE 14.10

Reasonable Period of Time for Compliance

1. No later than 30 days after the receipt of the notification of the ruling of the arbitration panel

to the Parties, the Party against which the complaint was made shall notify the complaining Party

and the Trade Committee of the time it will require to comply with the ruling of the arbitration

panel (hereinafter referred to as "reasonable period of time"), if immediate compliance is not

possible.

2. If there is disagreement between the Parties on the reasonable period of time for compliance

with the ruling of the arbitration panel, within 20 days of the receipt of the notification made under

paragraph 1 by the Party complained against, the complaining Party shall request in writing that the

original arbitration panel determine the reasonable period of time. Such request shall be notified

simultaneously to the other Party and to the Trade Committee. The original arbitration panel shall

issue its ruling to the Parties, and shall notify the Trade Committee thereof, within 20 days of the

date of the submission of the request.

3. In the event that any member of the original arbitration panel is no longer available, the

procedures set out in Article 14.5 (Establishment of the Arbitration Panel) shall apply. The time

limit for issuing the ruling shall be 35 days from the date of the submission of the request referred

to in paragraph 2.

4. The Party against which the complaint was made shall inform the complaining Party in

writing of its progress in complying with the ruling of the arbitration panel at least one month

before the expiry of the reasonable period of time.

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5. The reasonable period of time may be extended by mutual agreement of the Parties.

ARTICLE 14.11

Review of Any Measure Taken

to Comply with the Arbitration Panel Ruling

1. The Party complained against shall notify the complaining Party and the Trade Committee,

before the end of the reasonable period of time, of any measures that it has taken to comply with the

ruling of the arbitration panel.

2. In the event that there is disagreement between the Parties concerning the existence of any

measures notified under paragraph 1 or the consistency of such measures with the provisions

referred to in Article 14.2 (Scope), the complaining Party may request in writing that the original

arbitration panel rule on the matter. Such request shall identify the specific measure at issue and the

provisions referred to in Article 14.2 (Scope) with which it considers that measure to be

inconsistent, in a manner sufficient to present the legal basis for the complaint clearly. Such request

shall also explain how the measure in question is inconsistent with the provisions referred to in

Article 14.2 (Scope). The original arbitration panel shall notify its ruling within 45 days of the date

of the submission of the request.

3. In the event that any member of the original arbitration panel is no longer available, the

procedures set out in Article 14.5 (Establishment of the Arbitration Panel) shall apply. The time

limit for issuing the ruling shall be 60 days from the date of the submission of the request referred

to in paragraph 2.

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ARTICLE 14.12

Temporary Remedies in Case of Non-compliance

1. If the Party complained against fails to notify any measure taken to comply with the ruling of

the arbitration panel before the expiry of the reasonable period of time, or if the arbitration panel

rules that no such measures were taken or that the measure notified under paragraph 1 of Article

14.11 (Review of Any Measure Taken to Comply with the Arbitration Panel Ruling) is inconsistent

with that Party's obligations under the provisions referred to in Article 14.2 (Scope), the Party

against which the complaint was made shall enter into negotiations with the complaining Party with

a view to reaching a mutually acceptable agreement on compensation.

2. If no agreement on compensation is reached within 30 days of the end of the reasonable

period of time or within 30 days of the issuance of the ruling of the arbitration panel under

Article 14.11 (Review of Any Measure Taken to Comply with the Arbitration Panel Ruling) that no

measures were taken to comply with the ruling of the arbitration panel or that a measure taken to

comply with that ruling is inconsistent with the provisions referred to in Article 14.2 (Scope), the

complaining Party shall be entitled, upon notification to the other Party and to the Trade

Committee, to suspend obligations arising from any provision referred to in Article 14.2 (Scope) at

a level equivalent to the nullification or impairment caused by the violation. The notification shall

specify the level of obligations that the complaining Party intends to suspend. The complaining

Party may implement the suspension at any moment after the expiry of ten days after the date of

receipt of the notification by the Party complained against, unless the Party complained against has

requested arbitration under paragraph 3.

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3. If the Party complained against considers that the level of suspension is not equivalent to the

nullification or impairment caused by the violation, it may request in writing that the original

arbitration panel rule on the matter. Such request shall be notified to the complaining Party and to

the Trade Committee before the expiry of the ten-day period referred to in paragraph 2. The original

arbitration panel, having sought, if appropriate, the opinion of experts, shall notify its ruling on the

level of the suspension of obligations to the Parties and to the Trade Committee within 30 days of

the date of the submission of the request. Obligations shall not be suspended until the original

arbitration panel has notified its ruling, and any suspension shall be consistent with the ruling of the

arbitration panel.

4. In the event that any member of the original arbitration panel is no longer available, the

procedures laid down in Article 14.5 (Establishment of the Arbitration Panel) shall apply. The

period for issuing the ruling shall be 45 days from the date of the submission of the request referred

to in paragraph 3.

5. The suspension of obligations shall be temporary and shall not be applied after:

(a) the Parties have reached a mutually agreed solution pursuant to Article 14.15 (Mutually

Agreed Solution); or

(b) the Parties have reached an agreement on whether the measure notified under paragraph 1 of

Article 14.13 (Review of Any Measure Taken to Comply After the Suspension of

Obligations) brings the Party complained against into conformity with the provisions referred

to in Article 14.2 (Scope); or

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(c) any measure found to be inconsistent with the provisions referred to in Article 14.2 (Scope)

has been withdrawn or amended so as to bring it into conformity with those provisions, as

ruled under paragraph 2 of Article 14.13 (Review of Any Measure Taken to Comply After the

Suspension of Obligations).

ARTICLE 14.13

Review of Any Measure Taken

to Comply After the Suspension of Obligations

1. The Party complained against shall notify the complaining Party and the Trade Committee of

any measure it has taken to comply with the ruling of the arbitration panel and of its request for the

termination of the suspension of obligations applied by the complaining Party.

2. If the Parties do not reach an agreement on whether the notified measure brings the Party

complained against into conformity with the provisions referred to in Article 14.2 (Scope) within

30 days of the date of receipt of the notification, the complaining Party shall request in writing that

the original arbitration panel rule on the matter. Such request shall be notified simultaneously to the

other Party and the Trade Committee. The ruling of the arbitration panel shall be notified to the

Parties and the Trade Committee within 45 days of the date of the submission of the request. If the

arbitration panel rules that any measure taken to comply is in conformity with the provisions

referred to in Article 14.2 (Scope), the suspension of obligations shall be terminated.

EU/SG/en 317

SUB-SECTION C

COMMON PROVISIONS

ARTICLE 14.14

Suspension and Termination of Arbitration Procedures

1. The arbitration panel shall, at the written request of both Parties, suspend its work at any time

for a period agreed by the Parties, which shall not exceed twelve months. The arbitration panel shall

resume its work at the end of this agreed period at the written request of the complaining Party, or

before the end of this agreed period at the written request of both Parties. If the complaining Party

does not request the resumption of the arbitration panel's work before the expiry of the agreed

period, the dispute settlement procedures initiated pursuant to this Section shall be deemed

terminated. Subject to Article 14.21 (Relation with WTO Obligations), the suspension and

termination of the arbitration panel's work are without prejudice to the rights of either Party in other

proceedings.

2. At any time, the Parties may agree in writing to terminate the dispute settlement procedures

initiated pursuant to this Section.

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ARTICLE 14.15

Mutually Agreed Solution

The Parties may reach a mutually agreed solution to a dispute under this Chapter at any time. They

shall notify the Trade Committee and the arbitration panel, if any, of such solution. If the solution

requires approval pursuant to the relevant domestic procedures of either Party, the notification shall

refer to this requirement, and the dispute settlement procedure initiated pursuant to this Section

shall be suspended. The procedure shall be terminated if such approval is not required or upon

notification of the completion of any such domestic procedures.

ARTICLE 14.16

Rules of Procedure

1. Dispute settlement procedures under this Chapter shall be governed by Annex 14-A.

2. Any meetings of the arbitration panel shall be open to the public in accordance with

Annex 14-A.

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ARTICLE 14.17

Submission of Information

1. At the request of a Party, or upon its own initiative, the arbitration panel may obtain

information from any source it deems appropriate for the arbitration panel proceedings, including

from the Parties involved in the dispute. The arbitration panel also has the right to seek the relevant

opinions of experts as it deems appropriate. The arbitration panel shall consult the Parties before

choosing such experts. Any information obtained in this manner must be disclosed to the Parties

and submitted for their comments.

2. Interested natural and legal persons of the Parties are authorised to submit _amicus curiae_

briefs to the arbitration panel in accordance with Annex 14-A.

ARTICLE 14.18

Rules of Interpretation

The arbitration panel shall interpret the provisions referred to in Article 14.2 (Scope) in accordance

with customary rules of interpretation of public international law, including those codified in the

Vienna Convention on the Law of Treaties. Where an obligation under this Agreement is identical

to an obligation under the WTO Agreement, the arbitration panel shall take into account any

relevant interpretation established in rulings of the WTO Dispute Settlement Body (hereinafter

referred to as the "DSB"). The rulings of the arbitration panel shall not add to or diminish the rights

and obligations provided in the provisions referred to in Article 14.2 (Scope).

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ARTICLE 14.19

Arbitration Panel Decisions and Rulings

1. The arbitration panel shall make every effort to take any decision by consensus. Where,

nevertheless, a decision cannot be reached by consensus, the matter at issue shall be decided by

majority vote.

2. Any ruling of the arbitration panel shall be binding on the Parties and shall not create any

rights or obligations to physical or legal persons. The ruling shall set out the findings of fact, the

applicability of the relevant provisions referred to in Article 14.2 (Scope), and the rationale behind

any findings and conclusions that it makes. The Trade Committee shall make the ruling of the

arbitration panel publicly available in its entirety, unless it decides not to do so in order to ensure

the confidentiality of any information designated by either Party as confidential.

SECTION D

GENERAL PROVISIONS

ARTICLE 14.20

Lists of Arbitrators

1. Upon the entry into force of this Agreement, the Parties shall establish a list of five

individuals who are willing and able to serve as the chairperson of an arbitration panel referred to in

Article 14.5 (Establishment of the Arbitration Panel).

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2. No later than six months after the entry into force of this Agreement, the Trade Committee

shall establish a list of at least ten individuals who are willing and able to serve as arbitrators. Upon

the entry into force of this Agreement, each Party shall propose at least five individuals to serve as

arbitrators.

3. The Trade Committee will ensure that the list of individuals to serve as chairpersons or

arbitrators, established pursuant to paragraphs 1 and 2 respectively, are maintained.

4. Arbitrators shall have specialised knowledge of or experience in law and international trade or

in the settlement of disputes arising under international trade agreements. They shall be

independent, shall serve in their individual capacities, shall not be affiliated with the government of

either Party, and shall comply with Annex 14-B.

ARTICLE 14.21

Relation with WTO Obligations

1. Recourse to the dispute settlement provisions of this Chapter shall be without prejudice to any

action in the WTO framework, including dispute settlement proceedings.

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2. Notwithstanding paragraph 1, where a Party has initiated dispute settlement proceedings with

regard to a particular measure, either under this Chapter or under the WTO Agreement, it may not

institute dispute settlement proceedings regarding the same measure in the other forum until the first

proceedings have ended. Moreover, neither Party shall initiate dispute settlement proceedings under

both this Chapter and under the WTO Agreement unless substantially different obligations under

both agreements are in dispute, or unless the selected forum fails for procedural or jurisdictional

reasons to make findings on the claim seeking redress in relation to that obligation, provided that

the failure of the forum is not the result of a failure of a disputing Party to act diligently.

3. For the purposes of paragraph 2:

(a) dispute settlement proceedings under the WTO Agreement shall be deemed to be initiated by

a Party's request for the establishment of a panel under Article 6 of the DSU and shall be

deemed to be ended when the DSB adopts the Panel's report, and the Appellate Body's report

as the case may be, under Articles 16 and 17(14) of the DSU; and

(b) dispute settlement proceedings under this Chapter shall be deemed to be initiated by a Party's

request for the establishment of an arbitration panel under paragraph 1 of

Article 14.4 (Initiation of Arbitration Procedure) and shall be deemed to be ended when the

arbitration panel issues its ruling to the Parties and to the Trade Committee under paragraph 2

of Article 14.8 (Arbitration Panel Ruling) or when the parties have reached a mutually agreed

solution under Article 14.15 (Mutually Agreed Solution).

4. Nothing in this Chapter shall preclude a Party from implementing the suspension of

obligations authorised by the DSB. The WTO Agreement shall not be invoked to preclude a Party

from suspending obligations as provided for under this Chapter.

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ARTICLE 14.22

Time Limits

1. All time limits laid down in this Chapter, including the limits for the arbitration panels to

notify their rulings, shall be counted in calendar days, the first day being the day following the acts

or facts to which they refer, unless otherwise specified.

2. Any time limit referred to in this Chapter may be modified by mutual agreement of the

Parties.

ARTICLE 14.23

Review and Modification of the Chapter

The Parties may, by decision in the Trade Committee, modify this Chapter and Annexes 14-A and

14-B.

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CHAPTER FIFTEEN

MEDIATION MECHANISM

ARTICLE 15.1

Objective and Scope

1. The objective of this Chapter is to facilitate the finding of a mutually agreed solution through

a comprehensive and expeditious procedure with the assistance of a mediator.

2. This Chapter shall apply to any measure that is within the scope of this Agreement and that

adversely affects trade or investment between the Parties, except as otherwise provided.

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SECTION A

PROCEDURE UNDER THE MEDIATION MECHANISM

ARTICLE 15.2

Request for Information

1. At any time before the initiation of the mediation procedure, a Party may request the other

Party in writing to provide information regarding a measure that adversely affects trade or

investment between the Parties. The Party to which such request is made shall provide a written

response within 20 days.

2. Where the responding Party considers that it is not practicable to respond within 20 days, it

shall inform the requesting Party of the reasons why it is not practicable to respond within this

period, together with an estimate of the shortest period within which it will be able to provide its

response.

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ARTICLE 15.3

Initiation of the Procedure

1. At any time, a Party may request that the Parties enter into a mediation procedure. Such

request shall be addressed to the other Party in writing. The request shall be sufficiently detailed to

present clearly the concerns of the requesting Party and shall:

(a) identify the specific measure at issue;

(b) provide a statement of the alleged adverse effects that the requesting Party believes the

measure has, or will have, on trade or investment between the Parties; and

(c) explain how the requesting Party considers that those effects are linked to the measure.

2. The Party to which such request is addressed shall give sympathetic consideration to the

request and reply by accepting or rejecting it in writing within ten days of its receipt.

ARTICLE 15.4

Selection of the Mediator

1. The Parties shall endeavour to agree on a mediator no later than 15 days after the receipt of

the reply to the request referred to in paragraph 2 of Article 15.3 (Initiation of the Procedure).

EU/SG/en 327

2. If the Parties cannot agree on the mediator within the established time frame, either Party may

request the chairperson of the Trade Committee or the chairperson's delegate to select the mediator

by lot from the list established under paragraph 2 of Article 14.20 (Lists of Arbitrators).

Representatives of both Parties are entitled to be present when the lots are drawn.

3. The chairperson of the Trade Committee or the chairperson's delegate shall select the

mediator within five working days of the request referred to in paragraph 2.

4. The mediator shall not be a national of either Party, unless the Parties agree otherwise.

5. The mediator shall assist the Parties, in an impartial and transparent manner, in bringing

clarity to the measure and its possible adverse effects on trade and investment, and in reaching a

mutually agreed solution. Annex 14-B shall apply to mediators, _mutatis mutandis_ . Rules 4 to 9 and

Rules 46 to 49 of Annex 14-A shall also apply, _mutatis mutandis_ .

ARTICLE 15.5

Rules of the Mediation Procedure

1. Within 10 days after the appointment of the mediator, the Party having invoked the mediation

procedure shall present to the mediator and to the other Party a detailed written description of the

problem, describing in particular the operation of the measure at issue and its adverse effects on

trade and investment. Within 20 days of the date of delivery of that submission, the other Party may

provide its written comments on the description of the problem. Either Party may include any

information that it deems relevant in its description of the problem or its comments thereon.

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2. The mediator may decide on the most appropriate way of bringing clarity to the measure

concerned and its possible adverse effects on trade and investment. In particular, the mediator may

organise meetings between the Parties, may consult the Parties jointly or individually, may seek the

assistance of or consult with relevant experts and stakeholders, and may provide any additional

support requested by the Parties. However, before seeking the assistance of or consulting with

relevant experts and stakeholders, the mediator shall consult with the Parties.

3. The mediator may offer advice and may propose a solution for the consideration of the

Parties, who may accept or reject the proposed solution or may agree on a different solution.

However, the mediator shall not advise or give comments on whether the measure at issue is

consistent with this Agreement.

4. The mediation procedure shall take place in the territory of the Party to which the request was

addressed or, by mutual agreement, at any other location or by any other means.

5. The Parties shall endeavour to reach a mutually agreed solution within 60 days of the

appointment of the mediator. Pending a final agreement, the Parties may consider possible interim

solutions, especially if the measure relates to perishable goods.

6. The solution may be adopted by means of a decision of the Trade Committee. Either Party

may make such solution subject to the completion of any necessary internal procedures. Mutually

agreed solutions shall be made publicly available. However, the version disclosed to the public may

not contain any information that a Party has designated as confidential.

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7. The mediation procedure shall be terminated:

(a) by the adoption of a mutually agreed solution by the Parties, in which case the mediation

procedure shall terminate on the date of adoption;

(b) by the mutual agreement of the Parties at any stage of the mediation procedure, in which case

the mediation procedure shall terminate on the date of that agreement;

(c) by the written declaration of the mediator, after having consulted with the Parties, that further

efforts at mediation would be to no avail, in which case the mediation procedure shall

terminate on the date of such declaration; or

(d) by the written declaration of either Party after having explored mutually agreed solutions

under the mediation procedure and after having considered any advice and proposed solutions

by the mediator, in which case the mediation procedure shall terminate on the date of that

declaration.

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SECTION B

IMPLEMENTATION

ARTICLE 15.6

Implementation of a Mutually Agreed Solution

1. Where the Parties have agreed to a solution, each Party shall take the measures necessary to

implement the mutually agreed solution within the agreed timeframe.

2. The implementing Party shall inform the other Party in writing of any steps or measures taken

to implement the mutually agreed solution.

3. At the request of the Parties, the mediator shall issue to the Parties a draft written factual

report, which shall provide a brief summary of: (i) the measure at issue in these proceedings; (ii) the

procedures followed; and (iii) any mutually agreed solution reached as the final outcome of these

proceedings, including possible interim solutions. The mediator shall provide the Parties 15 days to

comment on the draft report. After considering the comments of the Parties submitted within that

period, the mediator shall submit a final written factual report to the Parties within 15 days. The

final written factual report shall not include any interpretation of this Agreement.

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SECTION C

GENERAL PROVISIONS

ARTICLE 15.7

Relationship to Dispute Settlement

1. The mediation procedure is without prejudice to the Parties' rights and obligations under

Chapter Fourteen (Dispute Settlement).

2. The mediation procedure is not intended to serve as a basis for dispute settlement procedures

under this Agreement or any other agreement. A Party shall not rely on or introduce as evidence in

such dispute settlement procedures, nor shall an arbitration panel take into consideration:

(a) positions taken by a Party in the course of the mediation procedure;

(b) the fact that a Party has indicated its willingness to accept a solution to the measure subject to

mediation; or

(c) advice given or proposals made by the mediator.

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3. Without prejudice to paragraph 6 of Article 15.5 (Rules of the Mediation Procedure), and

unless the Parties agree otherwise, all steps of the mediation procedure, including any advice that

may be given or solution that may be proposed, are confidential. However, each Party may disclose

to the public the fact that mediation is taking place.

ARTICLE 15.8

Time Limits

Any time limit referred to in this Chapter may be modified by mutual agreement between the

Parties.

ARTICLE 15.9

Costs

1. Each Party shall bear its own expenses arising from the participation in the mediation

procedure.

2. The Parties shall share equally the expenses that arise from organisational matters, including

the remuneration and expenses of the mediator. Remuneration of the mediator shall be in

accordance with that provided for in Rule 10(b) of Annex 14-A.

EU/SG/en 333

ARTICLE 15.10

Review

Five years after the date of entry into force of this Agreement, the Parties shall consult each other

on the need to modify the mediation procedure in light of their experience of using the mediation

procedure and in light of the development of a corresponding mechanism in the WTO.

CHAPTER SIXTEEN

INSTITUTIONAL, GENERAL AND FINAL PROVISIONS

ARTICLE 16.1

Trade Committee

1. The Parties hereby establish a Trade Committee, which shall comprise representatives of the

Parties.

2. The Trade Committee shall meet alternately in the Union or Singapore every two years or

without undue delay at the request of either Party. The Trade Committee shall be co-chaired by the

Member of the European Commission responsible for Trade and the Minister for Trade and

Industry of Singapore, or their respective delegates. The Trade Committee shall agree on its

meeting schedule and shall set its agenda.

EU/SG/en 334

3. The Trade Committee shall:

(a) ensure that this Agreement operates properly;

(b) supervise and facilitate the implementation and application of this Agreement, and shall

further its general aims;

(c) supervise the work of all specialised committees, working groups and other bodies established

under this Agreement;

(d) consider ways to further enhance trade relations between the Parties;

(e) without prejudice to Chapter Fourteen (Dispute Settlement) and Chapter Fifteen (Mediation

Mechanism), seek to solve problems which might arise in areas covered by this Agreement, or

to resolve disputes that may arise regarding the interpretation or application of this

Agreement; and

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

4. The Trade Committee may:

(a) decide to establish or dissolve specialised committees, or to allocate responsibilities to such

committees, except that powers granted to specialised committees to adopt legally binding

decisions or adopt amendments can only be modified pursuant to the procedure for

amendments set out in Article 16.5 (Amendments);

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(b) communicate with all interested parties, including private sector and civil society

organisations;

(c) consider amendments to this Agreement, or amend provisions of this Agreement in cases

specifically provided for in this Agreement;

(d) adopt interpretations of the provisions of this Agreement, which shall be binding on the

Parties and on all bodies set up under this Agreement, including the arbitration panels referred

to in Chapter Fourteen (Dispute Settlement);

(e) adopt decisions or make recommendations as envisaged by this Agreement;

(f) adopt its own rules of procedure; and

(g) take any other action in the exercise of its functions as the Parties may agree.

5. The Trade Committee shall inform the Joint Committee set up under the Partnership and

Cooperation Agreement of the activities of the Trade Committee and those of its specialised

committees, as relevant, at regular meetings of the Joint Committee.

6. Recognising the importance of transparency and openness, the Parties affirm their respective

practices of considering the views of members of the public in order to draw on a broad range of

perspectives in the implementation of this Agreement.

EU/SG/en 336

ARTICLE 16.2

Specialised Committees

1. The following specialised committees are hereby established under the auspices of the Trade

Committee:

(a) the Committee on Trade in Goods;

(b) the Committee on Sanitary and Phytosanitary Measures (the "SPS Committee");

(c) the Committee on Customs; and

(d) the Committee on Trade in Services, Investment and Government Procurement.

2. The composition, remit, tasks and, as the case may be, functioning of the specialised

committees, shall be as defined in the relevant provisions of this Agreement or by the Trade

Committee.

3. Unless otherwise provided for in this Agreement, the specialised committees shall normally

meet at an appropriate level, alternately in the Union or Singapore, every two years or without

undue delay at the request of either Party or the Trade Committee. They shall be co-chaired by

representatives of the Parties. The specialised committees shall agree on their meeting schedule and

set their agenda.

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4. The specialised committees shall inform the Trade Committee of their schedule and agenda

sufficiently in advance of their meetings. They shall report to the Trade Committee on their

activities at each regular meeting of the Trade Committee. The creation or existence of a specialised

committee shall not prevent a Party from bringing any matter directly to the Trade Committee.

ARTICLE 16.3

Evolving WTO Law

If any provision of the WTO Agreement that the Parties have incorporated into this Agreement is

amended, the Parties shall consult with each other, via the Trade Committee, with a view to finding

a mutually satisfactory solution, where necessary. As a result of such a review, the Parties may, by

decision in the Trade Committee, amend this Agreement accordingly.

ARTICLE 16.4

Decision-making

1. The Parties may take decisions in the Trade Committee or in a specialised committee, where

provided for in this Agreement. The decisions taken in such a committee shall be binding on the

Parties, which shall take the measures necessary to implement those decisions.

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2. The Trade Committee and specialised committees may make appropriate recommendations,

where provided for in this Agreement.

3. The Trade Committee and specialised committees shall draw up their decisions and

recommendations by agreement between the Parties.

ARTICLE 16.5

Amendments

1. The Parties may agree to amend this Agreement. Amendments to this Agreement shall enter

into force after the Parties have exchanged written notifications certifying that they have completed

their respective applicable legal requirements and procedures, as set out in the instrument of

amendment.

2. Notwithstanding paragraph 1, the Parties may, in the Trade Committee or a specialised

committee, adopt a decision amending this Agreement, where provided for in this Agreement.

ARTICLE 16.6

Taxation

1. This Agreement shall only apply to taxation measures insofar as such application is necessary

to give effect to the provisions of this Agreement.

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2. Nothing in this Agreement shall affect the rights and obligations of the Union or any of its

Member States, or the rights and obligations of Singapore, under any tax agreement between the

Union and Singapore or between any of the Member States of the Union and Singapore. In the

event of any inconsistency between this Agreement and any such agreement, that agreement shall

prevail to the extent of the inconsistency. In the case of a tax agreement between the Union and

Singapore or between any of the Member States of the Union and Singapore, the competent

authorities under that agreement shall have sole responsibility for determining whether any

inconsistency exists between this Agreement and that agreement.

3. Nothing in this Agreement shall prevent either Party from adopting or maintaining any

taxation measure which differentiates between taxpayers based on rational criteria, such as whether

taxpayers are in the same situation, in particular with regard to their place of residence or with

regard to the place where their capital is invested. **[1]**

4. Nothing in this Agreement shall prevent the adoption or maintenance of any measure aimed at

preventing the avoidance or evasion of taxes pursuant to the tax provisions of agreements for the

avoidance of double taxation or other tax arrangements or domestic fiscal legislation.

**1** For greater certainty, the Parties share an understanding that nothing in this Agreement shall
prevent any taxation measure aimed at social welfare, public health or other socio-community
objectives, or at macroeconomic stability; or tax benefits linked to place of incorporation and
not the nationality of the person owning the company. Taxation measures aimed at
macroeconomic stability are measures in reaction to movements and trends in the national
economy to address or to prevent systemic imbalances which seriously threaten the stability
of the national economy.

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5. (a) Nothing in this Agreement shall prevent Singapore from adopting or maintaining

taxation measures which are needed to protect Singapore's overriding public policy

interests arising out of its specific constraints of space.

(b) Singapore will notify the Union immediately upon taking such measures, which will be,

without delay, the object of consultations in the Trade Committee, with a view to

reaching a mutual understanding.

(c) Where such measures affect the overall balance of commitments agreed between the

Parties in this Agreement, the Parties may alter the Parties' schedules of specific

commitments on account of such measures by decision in the Trade Committee.

ARTICLE 16.7

Current Account and Capital Movements

1. The Parties shall authorise, in accordance with the provisions of Article VIII of the Articles of

Agreement of the International Monetary Fund, any payments and transfers in freely convertible

currency **[1]** on the current account of the balance-of-payments between the Parties with regard to the

transactions which fall within the scope of this Agreement.

**1** "Freely convertible currency" means a currency which is widely traded in international
foreign exchange markets and widely used in international transactions.

EU/SG/en 341

2. The Parties shall consult each other with a view to facilitating the movement of capital

between them within the scope of this Agreement, in particular the progressive liberalisation of the

capital and financial account, with the aim of supporting a stable and secure framework for long

term investment.

ARTICLE 16.8

Sovereign Wealth Funds

Each Party shall encourage its sovereign wealth funds to respect the Generally Accepted Principles

and Practices – Santiago Principles.

ARTICLE 16.9

Restrictions to Safeguard the Balance of Payments

1. Where a Party is in serious balance-of-payments and external financial difficulties, or is under

threat thereof, it may adopt or maintain restrictive measures with regard to capital movements,

payments or transfers in relation to trade in goods, services and establishment.

EU/SG/en 342

2. The Parties shall endeavour to avoid the application of the restrictive measures referred to in

paragraph 1. Any restrictive measures adopted or maintained under this Article shall be

non-discriminatory, shall be of a limited duration, and shall not go beyond what is necessary to

remedy the balance-of-payments and external financial difficulties. Such measures shall be in

accordance with the conditions established in the WTO Agreement and shall be consistent with the

Articles of Agreement of the International Monetary Fund, as applicable.

3. A Party that maintains or has adopted restrictive measures, or that adopts any changes to such

measures, shall promptly notify the other Party thereof.

4. Where restrictions are adopted or maintained, consultations shall be held promptly in the

Trade Committee. Such consultations shall assess the balance-of-payments situation of the Party

concerned and the restrictions adopted or maintained under this Article, taking into account,

_inter alia_, such factors as:

(a) the nature and extent of the balance-of-payments and external financial difficulties;

(b) the external economic and trading environment; or

(c) alternative corrective measures which may be available.

The consultations shall address the compliance of any restrictive measures with paragraphs 1 and 2.

All findings of statistical and other facts presented by the IMF in relation to foreign exchange,

monetary reserves or balance of payments shall be accepted, and the conclusions of the Trade

Committee shall be based on the assessment by the IMF of the balance-of-payments and the

external financial situation of the Party concerned.

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ARTICLE 16.10

Temporary Safeguard Measures on Capital Movements and Payments

1. Where, in exceptional circumstances, a Party faces serious difficulties, or the threat thereof,

for the operation of that Party's economic and monetary policy or exchange rate policy, that Party

may temporarily impose safeguard measures with regard to capital movements, payments or

transfers. Such measures shall be strictly necessary, shall not exceed in any case a period of six

months **[1]**, and shall not constitute a means of arbitrary or unjustified discrimination between a Party

and a non-Party in like situations.

2. The Party adopting the safeguard measures shall inform the other Party forthwith, and, as

soon as possible, shall present a time schedule for their removal.

ARTICLE 16.11

Security Exceptions

Nothing in this Agreement shall be construed to:

(a) require either Party to furnish any information, the disclosure of which it considers contrary to

its essential security interests;

**1** The application of safeguard measures may be extended through their formal reintroduction in
case of continuing exceptional circumstances and after having notified the other Party
regarding the implementation of any proposed formal reintroduction.

EU/SG/en 344

(b) prevent either Party from taking any action which it considers necessary for the protection of

its essential security interests:

(i) connected with the production of or trade in arms, munitions and war materials, and

related to traffic in other goods and materials and to economic activities carried out

directly or indirectly for the purpose of provisioning a military establishment;

(ii) relating to the supply of services as carried out directly or indirectly for the purpose of

provisioning a military establishment;

(iii) relating to fissionable or fusionable materials, or to the materials from which they are

derived; or

(iv) taken in time of war or other emergency in international relations, or to protect critical

public infrastructure (this relates to communications, power or water infrastructure

providing essential goods or services to the general public) from deliberate attempts to

disable or disrupt it;

(c) prevent either Party from taking any action for the purpose of maintaining international peace

and security.

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ARTICLE 16.12

Disclosure of Information

1. Nothing in this Agreement shall be construed to require a Party to make available confidential

information, the disclosure of which would impede law enforcement, would otherwise be contrary

to the public interest, or would prejudice the legitimate commercial interests of particular

enterprises, whether public or private.

2. Where a Party submits information to the Trade Committee or to specialised committees

which is considered as confidential under its laws and regulations, the other Party shall treat that

information as confidential, unless the submitting Party agrees otherwise.

ARTICLE 16.13

Entry into Force

1. This Agreement shall be approved by the Parties in accordance with their own procedures.

2. This Agreement shall enter into force on the first day of the second month following that in

which the Parties exchange written notifications certifying that they have completed their respective

applicable legal requirements and procedures for the entry into force of this Agreement. The Parties

may agree on another date.

EU/SG/en 346

3. Notifications shall be sent to the Secretary General of the Council of the European Union and

to the Director, North America and Europe Division, Singapore Ministry of Trade and Industry, or

their respective successors.

ARTICLE 16.14

Duration

1. This Agreement shall be valid indefinitely.

2. A Party may notify in writing the other Party of its intention to terminate this Agreement.

3. This Agreement shall be terminated six months after the notification under paragraph 2.

4. Within 30 days of the delivery of a notification under paragraph 2, either Party may request

consultations regarding whether the termination of any provision of this Agreement should take

effect at a later date than that provided for under paragraph 3. Such consultations shall commence

within 30 days of a Party's delivery of such request.

EU/SG/en 347

ARTICLE 16.15

Fulfilment of Obligations

The Parties shall take any general or specific measures required to fulfil their obligations under this

Agreement. They shall see to it that the objectives set out in this Agreement are attained.

ARTICLE 16.16

No Direct Effect

For greater certainty, nothing in this Agreement shall be construed as conferring rights or imposing

obligations on any persons, other than those rights and obligations created between the Parties

under public international law.

ARTICLE 16.17

Annexes, Appendices, Joint Declarations,

Protocols and Understandings

The Annexes, Appendices, Joint Declarations, Protocols and Understandings to this Agreement

shall form an integral part thereof.

EU/SG/en 348

ARTICLE 16.18

Relations with Other Agreements

1. This Agreement shall be an integral part of the overall relations between the Union and its

Member States, of the one part, and Singapore, of the other part, as governed by the Partnership and

Cooperation Agreement, and shall form part of a common institutional framework. It constitutes a

specific agreement giving effect to the trade provisions of the Partnership and Cooperation

Agreement.

2. For greater certainty, the Parties agree that nothing in this Agreement requires them to act in a

manner inconsistent with their obligations under the WTO Agreement.

ARTICLE 16.19

Future Accessions to the Union

1. The Union shall notify Singapore without undue delay of any request for accession of a third

country to the Union.

2. During the negotiations between the Union and a candidate country seeking accession, the

Union shall endeavour to:

(a) to the extent possible, provide to Singapore any information that Singapore requests regarding

any matter covered by this Agreement; and

EU/SG/en 349

(b) take into account any concerns expressed by Singapore.

3. The Union shall inform Singapore as soon as feasible about the outcome of accession

negotiations with a candidate country, and shall notify Singapore of the entry into force of any

accession to the Union.

4. In the context of the Trade Committee, and sufficiently in advance to the date of accession of

a third country to the Union, the Parties shall examine possible effects of such accession on this

Agreement. The Parties may, by decision in the Trade Committee, put in place any necessary

adjustments or transition arrangements.

ARTICLE 16.20

Territorial Application

1. This Agreement shall apply:

(a) with respect to the Union, to the territories in which the Treaty on European Union and the

Treaty on the Functioning of the European Union apply, under the conditions laid down in

those Treaties; and

(b) with respect to Singapore, to its territory.

EU/SG/en 350

References to "territory" in this Agreement shall be understood in this sense, except as otherwise

expressly provided.

2. As regards those provisions concerning the tariff treatment of goods, this Agreement shall

also apply to those areas of the Union customs territory not covered by subparagraph 1(a).

ARTICLE 16.21

Authentic Texts

This Agreement is drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English,

Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish,

Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each of these texts

being equally authentic.

Done at …… on ……

For the European Union

For the Republic of Singapore

EU/SG/en 351

LIST OF ANNEXES, APPENDICES, JOINT DECLARATIONS, PROTOCOLS AND

UNDERSTANDINGS TO THIS AGREEMENT

Annexes and Appendices to Chapter Two

Annex 2-A Elimination of Customs Duties

Appendix 2-A-1 Tariff Schedule of Singapore

Appendix 2-A-2 Tariff Schedule of the Union

Attachment to Appendix 2-A-2 Tariff Schedule of the Union – Tariff lines

Annex 2-B Motor Vehicles and Parts thereof

Annex 2-C Pharmaceutical Products and Medical Devices

Annex and Appendices to Chapter Four

Annex 4-A Electronics

Appendix 4-A-1 Scope

Appendix 4-A-2 Product Categories

Appendix 4-A-3 Definitions

EU/SG/L/en 1

Annexes to Chapter Five

Annex 5-A Competent Authorities

Annex 5-B Requirements and Provisions for Approval of Establishments for

Products of Animal Origin

Annexes and Appendices to Chapter Eight

Annex 8-A The Union's Schedule of Specific Commitments

Appendix 8-A-1 Union - Schedule of Specific Commitments in Conformity with

Article 8.7 (Schedule of Specific Commitments)

Appendix 8-A-2 Union - Schedule of Specific Commitments in Conformity with

Article 8.12 (Schedule of Specific Commitments)

Appendix 8-A-3 Union - Schedule of Specific Commitments in Conformity with

Articles 8.14 (Key Personnel and Graduate Trainees) and

8.15 (Business Services Sellers)

Annex 8-B Singapore's Schedule of Specific Commitments

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Appendix 8-B-1 Singapore - Schedule of Specific Commitments

Appendix 8-B-2 Singapore - Schedule of Specific Commitments – Appendix on

Financial Services

Annexes to Chapter Nine

Annex 9-A Central Entities which Procure in Accordance with the

Provisions of this Agreement

Annex 9-B Sub-central Entities which Procure in Accordance with the

Provisions of this Agreement

Annex 9-C Utilities and other Entities which Procure in Accordance with

the Provisions of this Agreement

Annex 9-D Goods

Annex 9-E Services

Annex 9-F Construction Services and Works Concessions

Annex 9-G General Notes and Derogations from the Provisions of

Article 9.4 (General Principles)

EU/SG/L/en 3

Annex 9-H Means of Publication

Annex 9-I Public-Private-Partnerships

Annexes to Chapter Ten

Annex 10-A List of Names to be Applied for Protection as Geographical

Indications in the Territory of the Parties

Annex 10-B Protected Geographical Indications

Annex to Chapter Eleven

Annex 11-A Principles Applicable to other Subsidies

Annexes to Chapter Fourteen

Annex 14-A Rules of Procedure for Arbitration

Annex 14-B Code of Conduct for Arbitrators and Mediators

Protocols

Protocol 1 Concerning the Definition of the Concept of "Originating

Products" and Methods of Administrative Co-operation

(includes Annexes and Joint Declarations thereto)

EU/SG/L/en 4

Understandings

Understanding 1 In Relation to Article 16.6 (Taxation)

Understanding 2 In Relation to the Remuneration of Arbitrators

Understanding 3 Additional Customs-Related Provisions

Understanding 4 Mutual Recognition of Authorised Economic Operators (AEO)

Programmes

Joint Declarations

Joint Declaration Concerning Customs Unions

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