yakdoli/chandra-27b-ocr-v1 huggingface dataset:
제16994호                                      관            보                         2009. 5. 4. (월요일)
                                                                                                           Ref. 20918
                                                                                                       21 April 2009
             ADOPTION OF DECISIONS BY THE KOREA-EFTA JOINT COMMITTEE
THE JOINT COMMITTEE,
Having regard to paragraphs 4 and 7 of Article 8.1 and paragraph 1 of Article 10.3 of
the Agreement; and
Having regard to paragraph 2 of Article 9 of the Rules of Procedure of the Joint
Committee:
ADOPTS:
1. A Decision adopting the Model Rules of Procedure, ref. 20751.
2. A Decision amending Annex I to the Agreement, on Rules of origin and Customs
 Procedures, ref. 20740.
3. A Decision amending Annex III to the Agreement, on Products referred to in paragraph
 1(a) of Article 2.1, ref. 20859.
4. A Decision amending Annex IV to the Agreement, on Processed Agricultural Products,
 ref. 20731.
5. A Decision amending Annex V to the Agreement, on Fish and other Marine Products,
 ref. 20614.
6. A Decision amending Annex VI to the Agreement, on Customs Duties, ref. 20739.
IN WITNESS WHEREOF the undersigned, being duly authorised thereto, have adopted
these decisions.
Signed in Geneva on 21 April 2009 in two originals.
  For the Republic of Korea                                        For the Republic of Iceland
  .......................................                         ..........................................
                                                                  For the Principality of Liechtenstein
                                                                  ...........................................
                                                                  For the Kingdom of Norway
                                                                  ...........................................
                                                                  For the Swiss Confederation
                                                                  ...........................................
                                                                                                           Ref. 20751
                                                                                                       21 April 2009
                                                                                                                1 Annex
                         DECISION OF THE KOREA-EFTA JOINT COMMITTEE
                                                  No. 1 of 2009
                                            (Adopted on 21 April 2009)
                          ADOPTION OF THE MODEL RULES OF PROCEDURE
                                            THE JOINT COMMITTEE,

                                                       231
제16994호                          관                  보             2009. 5. 4. (월요일)
Noting that, pursuant to paragraph 1 of Article 9.6 of the Agreement, the arbitration
panel proceedings shall be conducted in accordance with the Model Rules of Procedure to
be adopted by the Joint Committee; and
Having regard to paragraph 4 of Article 8.1 of the Agreement, allowing the Joint
Committee to take decisions as provided for in the Agreement.
DECIDES:
1. The text set out in the Annex to this Decision entitled “Model Rules of Procedure” is
 adopted.
2. This Decision shall enter into force with immediate effect.
3. The Secretary-General of the European Free Trade Association shall deposit the text
 of this Decision with the Depositary.
                                         _______________
                              Model RULES OF PROCEDURE
   REFERRED TO IN PARAGRAPH 1 OF ARTICLE 9.6 OF THE FREE TRADE AGREEMENT
                BETWEEN THE REPUBLIC OF KOREA AND THE EFTA STATES
                  (HEREINAFTER REFERRED TO AS “THE AGREEMENT”)
                                           Article 1
                                          Definitions
1. For the purpose of these Model Rules of Procedure (hereinafter referred to as “Rules”):
 (a) “advisor” means any person retained by a Party to the dispute to advise or assist
   that Party in connection with the arbitration panel proceedings;
 (b) “assistant” means any person retained by the arbitrators to assist them in carrying
   out their tasks;
 (c) “candidate” means an individual who is under consideration for appointment as an
   arbitrator under Article 9.5 of the Agreement;
 (d) “days” means calendar days, unless otherwise specified;
 (e) “representative of a Party to the dispute” means an employee, or a natural or
   juridical person appointed by a Party to the dispute.
2. In the following, the terms “Party to the dispute”, “complaining Party”, “Party
 complained against” are used regardless of whether two or more Parties are involved in
 the dispute.
                                           Article 2
                              Calculation of Periods of Time
1. All periods of time laid down in Chapter 9 and these Rules shall be calculated running
 from the day following the act or fact to which they refer. If the last day of such
 period is an official holiday or a non-working day in the State of the addressee, the

                                              232
제16994호                          관                보            2009. 5. 4. (월요일)
 period is extended until the first following working day.
2. At the beginning of the dispute settlement procedure, the Parties to the dispute shall
 inform each other of their respective official holidays and non-working days.
                                          Article 3
    Selection Criteria and Self-Disclosure Obligations for Candidates and Arbitrators
1. Arbitrators shall be selected from persons who fulfil the criteria set out in the first
 sentence of paragraph 7 of Article 9.5 of the Agreement. The arbitrators shall also
 have a wide spectrum of experience and specific expertise in matters relating to the
 dispute.
2. The arbitrators shall serve in their individual capacities and not as government
 representatives or representatives of any organisation.
3. A candidate shall disclose in writing to the Parties to the dispute any interest,
 relationship or matter that is likely to affect or give rise to justifiable doubts as to
 the candidate’s independence or impartiality. To this end, a candidate shall make
 all reasonable efforts to become aware of any such interests, relationships and
 circumstances.
4. Without limiting the generality of paragraph 3, candidates shall always disclose in
 writing to the Parties to the dispute:
 (a) any personal financial interest or any financial interest of their employer, partner,
   business associate or family member:
   (i) in the arbitration panel proceedings or its outcome; and
   (ii) in administrative proceedings, domestic court proceedings, other arbitration panel
     proceedings or any other proceedings, that involves issues under consideration in
     the arbitration panel proceedings at hand;
 (b) any past or existing financial, business, professional, family or social relationship
   with any interested party in the proceedings or its representatives or advisors, or
   any such relationship involving a candidate’s employer, partner, business associate or
   family member; and
 (c) public advocacy or legal or other representation concerning an issue in dispute in
   the arbitration panel proceedings or involving the same goods or services.
                                          Article 4
                                The Duties of Arbitrators
1. Upon selection an arbitrator shall perform his or her duties thoroughly and
 expeditiously throughout the course of the arbitration panel proceedings, and with
 fairness and diligence.

                                            233
제16994호                          관               보               2009. 5. 4. (월요일)
2. Once appointed, an arbitrator shall continue to make all reasonable efforts to become
 aware of any interests, relationships or matters referred to in paragraphs 3 and 4 of
 Article 3 and shall disclose them in writing to the Parties to the dispute. The obligation
 to disclose is a continuing duty which requires an arbitrator to disclose in writing to
 the Parties to the dispute any such interests, relationships and matters that may arise
 during any stage of the arbitration panel proceedings.
3. An arbitrator shall consider only those issues that are raised in the proceedings and
 necessary for a ruling and shall not delegate this duty to any other person.
4. An arbitrator shall be independent and impartial and avoid creating an appearance
 of impropriety or bias and shall not be influenced by self-interest, outside pressure,
 political considerations, public clamour, loyality to a Party to the dispute or fear of
 criticism.
5. An arbitrator shall not, directly or indirectly, incur any obligation or accept any benefit
 that would in any way interfere, or appear to interfere, with the proper performance of
 his or her duties.
6. An arbitrator shall not use his or her position on the arbitration panel to advance any
 personal or private interests and shall avoid actions that may create the impression
 that others are in a special position to influence him or her.
7. An arbitrator shall not allow financial, business, professional, family or social
 relationships or responsibilities to influence his or her conduct or judgement.
8. An arbitrator shall avoid entering into any relationship, or acquiring any financial
 interest, that is likely to affect his or her impartiality or that might reasonably create
 an appearance of impropriety or bias.
9. Any Party or arbitrator who possesses or comes into possession of evidence of a
 material violation of the obligations of independence, impartiality or confidentiality or
 the avoidance of direct or indirect conflicts of interest by an arbitrator which may
 impair the integrity, impartiality or confidentiality of the dispute settlement mechanism,
 shall at the earliest possible time submit such evidence to the arbitration panel and
 the Parties to the dispute in a written statement specifying the relevant facts and
 circumstances.
                                          Article 5
                           Withdrawal or Removal of Arbitrators
If an arbitrator dies, withdraws or is removed, the arbitration panel shall, after the
appointment of a new arbitrator and after consulting the Parties to the dispute, decide on
any necessary modifications to their working procedures or timetable, including whether a

                                             234
제16994호                          관               보             2009. 5. 4. (월요일)
hearing should be repeated in whole or in part.
                                         Article 6
                             Operation of Arbitration Panels
1. The Chair of the arbitration panel shall preside at all of its meetings. An arbitration
 panel may delegate to the Chair the authority to make administrative and procedural
 decisions related to the proceedings of the dispute at hand. The Chair shall be
 responsible for organizing the proceedings, in particular the organization of hearings,
 unless otherwise agreed by the Parties to the dispute.
2. Except as otherwise provided for in these Rules, the arbitration panel may conduct its
 activities by any means, including telephone, facsimile transmissions, video conferences
 or emails.
3. Only arbitrators may take part in the deliberations of the arbitration panel but the
 arbitration panel may permit their assistants, administration personnel, interpreters or
 translators to be present during such deliberations.
4. The drafting of any decision and ruling shall remain the exclusive responsibility of the
 arbitration panel.
5. Where a procedural question arises that is not covered by these Rules, the arbitration
 panel may adopt an appropriate procedure that is not inconsistent with this Agreement.
                                         Article 7
                               Commencing the Arbitration
Unless the Parties to the dispute agree otherwise, they shall meet with the arbitration
panel within 15 days following the date of its establishment in order to determine
such matters that the Parties to the dispute or the arbitration panel deem appropriate,
including the administration of and the timetable for the arbitration panel proceedings,
deadlines for written submissions and, if not already agreed upon, the remuneration
and expenses to be paid to the arbitrators, which shall normally conform to the WTO
standards.
                                         Article 8
                                   Written Submissions
1. Unless otherwise agreed by the Parties to the dispute the complaining Party
 shall deliver its initial written submission no later than 25 days after the date of
 establishment of the arbitration panel. The Party complained against shall deliver its
 written counter-submission no later than 35 days after the date of receipt of the initial
 written submission.
2. The arbitration panel shall, after inviting the views of the Parties to the dispute,

                                           235
제16994호                          관                 보           2009. 5. 4. (월요일)
 decide which further written submission shall be required from the Parties to the
 dispute or may be presented by them and shall fix the period of time communicating
 such statements.
                                           Article 9
                                           Hearings
1. The Chair shall fix the location, date and time of a hearing in consultation with the
 Parties to the dispute and the other members of the arbitration panel.
2. The arbitration panel may convene additional hearings if the Parties to the dispute so
 agree.
3. All arbitrators shall be present at all hearings.
4. The following persons may attend hearings irrespective of whether the arbitration
 panel proceedings are open to the public or not:
 (a) representatives of a Party to the dispute;
 (b) advisors of a Party to the dispute;
 (c) administration personnel to assist in the arbitration panel proceedings, interpreters,
   translators and court reporters; and
 (d) arbitrators’ assistants.
5. No later than five days before the date of a hearing, each Party to the dispute
 shall deliver a list of the names of the persons who will make oral arguments or
 presentations at the hearing on behalf of that Party to the dispute and of other
 representatives or advisors who will attend the hearing, together with a list of any
 witnesses that will participate.
6. The arbitration panel proceedings shall be conducted so that the complaining Party and
 the Party complained against are afforded equal time. In addition to presenting their
 arguments, the Parties shall be offered the possibility of presenting rebuttal arguments.
7. The arbitration panel may direct questions to any Party to the dispute or persons
 participating at the hearing at any time during a hearing.
8. The arbitration panel shall arrange for a transcript of each hearing to be prepared
 and shall, as soon as possible after it is prepared, deliver a copy of the transcript to
 the Parties to the dispute.
9. Within 15 days after the date of the hearing, each Party to the dispute may deliver a
 supplementary written submission responding to any matter that arose during the hearing.
                                           Article 10
                                    Questions in Writing
1. The arbitration panel may at any time during the proceedings address questions in

                                              236
제16994호                             관                보        2009. 5. 4. (월요일)
 writing to a Party to the dispute. Each of the Parties to the dispute shall receive a
 copy of any questions put by the arbitration panel.
2. A Party to the dispute to whom the arbitration panel addresses written questions shall
 deliver a copy of its written reply to the arbitration panel and to the other Parties to
 the dispute within a deadline fixed by the arbitration panel. Each Party to the dispute
 may submit written comments on the reply within ten days after the date of receipt.
                                            Article 11
                                         Confidentiality
1. The Parties to the dispute, the arbitrators and any other individuals involved in the
 arbitration proceedings shall at all times maintain the confidentiality of information
 disclosed during hearings held in closed session and of any information identified by a
 Party to the dispute as confidential.
2. In case of a public hearing and where a Party to the dispute runs the risk of
 disclosing confidential information, adequate measures must be adopted to maintain the
 confidentiality of such information.
                                            Article 12
                                    Ex-Parte Contacts
1. The arbitration panel shall not meet or discuss matters under consideration with a
 Party to the dispute in the absence of any other Party to the dispute.
2. No arbitrator may discuss matters under consideration with any or all Parties to the
 dispute in the absence of the other arbitrators.
                                            Article 13
                                        Role of Experts
On request of a Party to the dispute or on its own initiative, the arbitration panel may
seek scientific information and technical advice from any natural or juridical person or
body that it deems appropriate. The Parties to the dispute have to be informed in writing
thereof. Any information so obtained shall be submitted to the Parties to the dispute for
comments.
                                            Article 14
                                          Notifications
1. Any request, notice, written submissions or other document shall be considered
 received when it has been delivered against receipt, registered post, courier, facsimile
 transmission, telex, telegram or any other means of telecommunication that provides a
 record of the receipt thereof.
2. A Party to the dispute shall provide a copy of each of its written submissions to the

                                               237
제16994호                            관                보         2009. 5. 4. (월요일)
 other Parties to the dispute and to each of the arbitrators. A copy of the document
 shall also be provided in electronic format.
3. Minor errors of a clerical nature in any request, notice, written submission or other
 document related to the arbitration panel proceedings may be corrected by delivery of a
 new document clearly indicating the changes.
                                           Article 15
                                           Language
1. The language used in the proceedings of the arbitration panel and for the panel report
 shall be English.
2. Each Party to the dispute shall arrange for, and bear the costs of, any translation of
 its submissions into the English language.
                                      _______________
                                                                              Ref. 20740
                                                                           21 April 2009
                                                                           2 Annexes
                   DECISION OF THE KOREA-EFTA JOINT COMMITTEE
                                       No. 2 of 2009
                                (Adopted on 21 April 2009)
                     AMENDMENT TO ANNEX I TO THE AGREEMENT
                     RULES OF ORIGIN AND CUSTOMS PROCEDURES
THE JOINT COMMITTEE,
Noting that the amendments to the Nomenclature appended to the International Convention
on the Harmonized Commodity Description and Coding System (HS), which entered into
force on 1 January 2007, require adjustments in the HS structure of Appendix 2 and the
Table to Appendix 4 to Annex I,
Recognizing that amendments to the tariff nomenclature of a Party or Parties shall not
have any negative impact on the preferential treatment under the Agreement, of the
goods concerned,
Having regard to paragraph 7 of Article 8.1 of the Agreement, empowering the Joint
Committee to amend the Annexes to the Agreement,
DECIDES:
1. The text of Article 1, letter (g) of Annex I to the Agreement shall be replaced by
 ““the HS” means the Harmonized Commodity Description and Coding System, including
 its general rules and legal notes”.
2. Appendix 2 to Annex I shall be replaced by the Appendix set out in Annex 1 to this
 Decision.
                                              238
제16994호                               관                보                  2009. 5. 4. (월요일)
3. The Table to Appendix 4 to Annex I shall be replaced by the Table set out in Annex 2

 to this Decision.

4. This Decision shall enter into force on the first day of the third month after the last

 Party has notified the Depositary that its internal requirements have been fulfilled.

5. The Secretary-General of the European Free Trade Association shall deposit the text

 of this Decision with the Depositary.

                                          _______________

                                    APPENDIX 2 TO ANNEX I

       LIST OF WORKING OR PROCESSING REQUIRED TO BE CARRIED OUT ON

              NON-ORIGINATING MATERIALS IN ORDER THAT THE PRODUCT

                     MANUFACTURED CAN OBTAIN ORIGINATING STATUS

    The products mentioned in the list may not be all covered by this Agreement. It

            is, therefore, necessary to consult the other parts of this Agreement.
 HS heading      Description of product        Working or processing, carried out on non-originating
                                                    materials, which confers originating status

     (1)                  (2)                            (3)             or             (4)

Chapter 1      Live animals                   All the animals of
                                              Chapter 1 shall be wholly
                                              obtained

Chapter 2      Meat and edible meat           Manufacture in which all
               offal                          the materials of Chapters
                                              1 and 2 used are wholly
                                              obtained

Chapter 3      Fish and crustaceans,          Manufacture in which all
               molluscs and other             the materials of Chapter
               aquatic invertebrates          3 used must be wholly
                                              obtained

Chapter 4      Dairy produce; birds'          Manufacture in which all
               eggs; natural honey;           the materials of Chapter
               edible products of animal 4 used are wholly
               origin, not elsewhere          obtained
               specified or included

ex Chapter 5 Products of animal origin, Manufacture in which all
               not elsewhere specified        the materials of Chapters
               or included; except for:       1 and 5 used are wholly
                                              obtained

                                                 239