PART ONE: COMMON AND INSTITUTIONAL PROVISIONS
TITLE I: GENERAL PROVISIONS
Article COMPROV.1: Purpose
This Agreement establishes the basis for a broad relationship between the Parties, within an area of prosperity and good neighbourliness characterised by close and peaceful relations based on cooperation, respectful of the Parties’ autonomy and sovereignty.
Article COMPROV.2: Supplementing agreements
1. Where the Union and the United Kingdom conclude other bilateral agreements between them, such agreements shall constitute supplementing agreements to this Agreement, unless otherwise provided for in those agreements. Such supplementing agreements shall be an integral part of the overall bilateral relations as governed by this Agreement and shall form part of the overall framework.
2. Paragraph 1 also applies to:
(a) agreements between the Union and its Member States, of the one part, and the United Kingdom, of the other part; and
(b) agreements between Euratom, of the one part, and the United Kingdom, of the other part.
Article COMPROV.3: Good faith
1. The Parties shall, in full mutual respect and good faith, assist each other in carrying out tasks that flow from this Agreement and any supplementing agreement.
2. They shall take all appropriate measures, whether general or particular, to ensure the fulfilment of the obligations arising from this Agreement and from any supplementing agreement, and shall refrain from any measures which could jeopardise the attainment of the objectives of this Agreement or any supplementing agreement.
TITLE II: PRINCIPLES OF INTERPRETATION AND DEFINITIONS
Article COMPROV.13: Public international law
1. The provisions of this Agreement and any supplementing agreement shall be interpreted in good faith in accordance with their ordinary meaning in their context and in light of the object and purpose of the agreement in accordance with customary rules of interpretation of public international law, including those codified in the Vienna Convention on the Law of Treaties, done at Vienna on 23 May 1969.
2. For greater certainty, neither this Agreement nor any supplementing agreement establishes an obligation to interpret their provisions in accordance with the domestic law of either Party.
3. For greater certainty, an interpretation of this Agreement or any supplementing agreement given by the courts of either Party shall not be binding on the courts of the other Party.
Article COMPROV.16: Private rights
1. Without prejudice to Article MOBI.SSC.67 [Protection of individual rights] and with the exception, with regard to the Union, of Part Three [Law enforcement and judicial cooperation ], nothing in this Agreement or any supplementing agreement shall be construed as conferring rights or imposing obligations on persons other than those created between the Parties under public international law, nor as permitting this Agreement or any supplementing agreement to be directly invoked in the domestic legal systems of the Parties.
2. A Party shall not provide for a right of action under its law against the other Party on the ground that the other Party has acted in breach of this Agreement or any supplementing agreement.
Article COMPROV.17: Definitions
1. For the purposes of this Agreement and any supplementing agreement, and unless otherwise specified, the following definitions apply:
(a) “data subject” means an identified or identifiable natural person; an identifiable person being a person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data or an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
(b) “day” means a calendar day;
(c) “Member State” means a Member State of the European Union;
(d) “personal data” means any information relating to a data subject;
(e) “State” means a Member State or the United Kingdom, as the context requires;
(f) “territory” of a Party means in respect of each Party the territories to which the Agreement applies in accordance with Article FINPROV.1 [Territorial scope];
(g) “the transition period” means the transition period provided for in Article 126 of the Withdrawal Agreement; and
(h) “Withdrawal Agreement” means the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, including its Protocols.
2. Any reference to the “Union”, “Party” or “Parties” in this Agreement or any supplementing agreement shall be understood as not including the European Atomic Energy Community, unless otherwise specified or where the context otherwise requires.
HEADING SIX: OTHER PROVISIONS
Article OTH.1: Definitions
Unless otherwise specified, for the purposes of Part Two of this Agreement, the Protocol on mutual administrative assistance in customs matters and the Protocol on administrative cooperation and combating fraud in the field of Value Added Tax and on mutual assistance for the recovery of claims relating to taxes and duties, the following definitions apply:
(a) “agricultural good” means a product listed in Annex 1 to the Agreement on Agriculture;
(b) “customs authority” means:
(i) with respect to the Union, the services of the European Commission responsible for customs matters or, as appropriate, the customs administrations and any other authorities empowered in the Member States to apply and enforce customs legislation, and
(ii) with respect to the United Kingdom, Her Majesty’s Revenue and Customs and any other authority responsible for customs matters.
(c) “customs duty” means any duty or charge of any kind imposed on, or in connection with, the importation of a good but does not include:
(i) a charge equivalent to an internal tax imposed consistently with Article GOODS.4 [National Treatment on Internal Taxation and Regulation] of Title I of Heading One of Part Two;
(ii) an anti-dumping, special safeguard, countervailing or safeguard duty applied consistently with GATT 1994, the Anti-dumping Agreement, the Agreement on Agriculture, the Agreement on Subsidies and Countervailing Measures or the Agreement on Safeguards, as appropriate; or
(iii) a fee or other charge imposed on or in connection with importation that is limited in amount to the approximate cost of the services rendered;
(d) “CPC” means the Provisional Central Product Classification (Statistical Papers Series M No.77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991);
(e) “existing” means in effect on the date of entry into force of this Agreement;
(f) “goods of a Party” means domestic products within the meaning of GATT 1994, and includes originating goods of that Party;
(g) “Harmonised System” or “HS” means the Harmonised Commodity Description and Coding System, including all legal notes and amendments thereto developed by the World Customs Organization;
(h) “heading” means the first four digits in the tariff classification number under the Harmonised System;
(i) “legal 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;
(j) “measure” means any measure by a Party, whether in the form of a law, regulation, rule, procedure, decision, administrative action, requirement or practice, or any other form;71
(k) “measures of a Party” means any measures adopted or maintained by:
(i) central, regional or local governments or authorities; and
(ii) non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities;
“measures of a Party” includes measures adopted or maintained by entities listed under sub- paragraphs (i) and (ii) by instructing, directing or controlling, either directly or indirectly, the conduct of other entities with regard to those measures;
(l) “natural person of a Party” means72:
(i) for the European Union, a national of a Member State according to its law;73 and
(ii) for the United Kingdom, a British citizen;
(m) “person” means a natural person or a legal person;
(n) “sanitary or phytosanitary measure” means any measure referred to in paragraph 1 of Annex A to the SPS Agreement;
(o) “third country” means a country or territory outside the territorial scope of application of this Agreement;
(p) “Vienna Convention on the Law of Treaties” means the Vienna Convention on the Law of Treaties, done at Vienna on 23 May 1969; and
(q) “WTO” means the World Trade Organization.
Article OTH.2: WTO Agreements
For the purposes of this Agreement, the WTO Agreements are referred to as follows:
(a) “Agreement on Agriculture” means the Agreement on Agriculture, contained in Annex 1A to the WTO Agreement;
71 For greater certainty, the term “measure” includes failures to act.
72 This does not include natural persons residing in the territory referred to in Article FINPROV.1(3) [Territorial Scope].
73 The definition of natural person also includes persons permanently residing in the Republic of Latvia who are not citizens of the Republic of Latvia or any other state but who are entitled, under the law of the Republic of Latvia, to receive a non-citizen’s passport.
(b) “Anti-dumping Agreement” means the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994;
(c) “GATS” means the General Agreement on Trade in Services, contained in Annex 1B to the WTO Agreement;
(d) “GATT 1994” means the General Agreement on Tariffs and Trade 1994, contained in Annex 1A to the WTO Agreement;
(e) “GPA” means the Agreement on Government Procurement in Annex 4 to the WTO Agreement74;
(f) “Safeguards Agreement” means the Agreement on Safeguards, contained in Annex 1A to the WTO Agreement;
(g) “SCM Agreement” means the Agreement on Subsidies and Countervailing Measures, contained in Annex 1A to the WTO Agreement;
(h) “SPS Agreement” means the Agreement on the Application of Sanitary and Phytosanitary Measures, contained in Annex 1A to the WTO Agreement;
(i) “TBT Agreement” means the Agreement on Technical Barriers to Trade, contained in Annex 1A to the WTO Agreement;
(j) “TRIPS Agreement” means the Agreement on Trade-Related Aspects of Intellectual Property Rights, contained in Annex 1C to the WTO Agreement; and
(k) “WTO Agreement” means the Marrakesh Agreement Establishing the World Trade Organization, done at Marrakesh on 15 April 1994.
Article OTH.3: Establishment of a free trade area
The Parties hereby establish a free trade area, in conformity with Article XXIV of GATT 1994 and Article V of GATS.
Article OTH.4: Relation to the WTO Agreement
The Parties affirm their rights and obligations with respect to each other under the WTO Agreement and other agreements to which they are party.
Nothing in this Agreement shall be construed as requiring either Party to act in a manner inconsistent with its obligations under the WTO Agreement.
Article OTH.4a: WTO case-law
The interpretation and application of the provisions of this Part shall take into account relevant interpretations in reports of WTO panels and of the Appellate Body adopted by the Dispute Settlement Body of the WTO as well as in arbitration awards under the Dispute Settlement Understanding.
74 For greater certainty, the ‘GPA’ shall be understood to be the GPA as amended by the Protocol Amending the Agreement on Government Procurement, done at Geneva on 30 March 2012.
Article OTH.5: Fulfilment of obligations
Each Party shall adopt any general or specific measures required to fulfil their obligations under this Part, including those required to ensure its observance by central, regional or local governments and authorities, as well as non-governmental bodies in the exercise of powers delegated to them.
Article OTH.7: References to laws and other Agreements
1. Unless otherwise specified, where reference is made in this Part to laws and regulations of a Party, those laws and regulations shall be understood to include amendments thereto.
2. Unless otherwise specified, where international agreements are referred to or incorporated into this Part, in whole or in part, they shall be understood to include amendments thereto or their successor agreements entering into force for both Parties on or after the date of signature of this Agreement. If any matter arises regarding the implementation or application of the provisions of this Part as a result of such amendments or successor agreements, the Parties may, on request of either Party, consult with each other with a view to finding a mutually satisfactory solution to this matter, as necessary.
Article OTH.8: Tasks of the Partnership Council in Part Two
The Partnership Council may:
(a) adopt decisions to amend:
(i) Chapter two of Title I of Heading one of Part two [Rules of Origin] and its Annexes, in accordance with Article ORIG.31 [Amendment to this Chapter and its Annexes];
(ii) the arrangements set out in Annexes TBT-[XX] and TBT-[ZZ], in accordance with Article TBT.9(8) [Cooperation on market surveillance and non-food product safety and compliance ];
(iii) Appendices A and B, in accordance with Article 2(3) [Product definitions, oenological practices and processes] of Annex TBT-5 [TRADE IN WINE];
(iv) Appendix C, in accordance with Article 3(3) [Certification requirements on import in the respective territories of the Parties] of Annex TBT-5 [TRADE IN WINE];
(v) Appendices A, B, C and D, in accordance with Article 1 [Objective and scope] of Annex TBT-4 [ORGANIC PRODUCTS];
(vi) Appendices 1 to 3, in accordance with Article 1 [Definitions] and Article 2 [Product scope of Annex TBT-2 [MEDICINAL PRODUCTS];
(vii) the Annex on Authorised Economic Operators, the Protocol on mutual administrative assistance in customs matters, the Protocol on combating fraud in the field of Value Added Tax and on mutual assistance for the recovery of claims relating to taxes and duties, and the list of goods set out in Article CUSTMS.16(2) [Temporary admission], in accordance with Article CUSTMS.21 [Amendments];
(viii) the relevant Sub-section under Section B of ANNEX.PPROC-1, in accordance with Article PPROC.18 [Amendment of Section B of ANNEX.PPROC-1];
(ix) Annex ENER-1 [LISTS OF ENERGY GOODS, HYDROCARBONS AND RAW MATERIALS], Annex ENER-2 [ENERGY AND ENVIRONMENTAL SUBSIDIES] and Annex ENER-3 [NON- APPLICATION OF THIRD-PARTY ACCESS AND OWNERSHIP UNBUNDLING TO INFRASTRUCTURE], in accordance with Article ENER.31 [Effective implementation and amendments];
(x) Paragraph 4 of Article LPFS.3.2 [Scope and exceptions] in accordance with that paragraph, third sentence of paragraph 2 of Article LPFS.3.3 [Services of public economic interest] in accordance with the fourth sentence of that paragraph, paragraph 3 of Article LPFS.3.3 [Services of public economic interest] in accordance with that paragraph, Article LPFS.3.5 [Prohibited subsidies and subsidies subject to conditions] in accordance with paragraph 1 of that Article and Article LPFS.3.11 [Recovery] in accordance with paragraph 7 of that article, of Chapter 3 [Subsidy control];
(xi) Article FISH.10 [Bailiwick of Guernsey, Bailiwick of Jersey and the Isle of Man], Article FISH.11 [Notification periods relating to the importation and direct landing of fisheries products] and any other provision of Heading Five [Fisheries], in accordance with Article FISH.10(4) [Bailiwick of Guernsey, Bailiwick of Jersey and the Isle of Man];
(xii) Annexes FISH.1, FISH.2 and FISH.3, in accordance with Article FISH.16(3) [Specialised Committee on Fisheries];
(xiii) any other provision, protocol, appendix or annex, for which the possibility of such decision is explicitly foreseen in Part Two of this Agreement.
(b) adopt decisions to issue interpretations of the provisions of Part Two of this Agreement.
Article OTH.9: Geographical application
1. The provisions of this Agreement concerning the tariff treatment of goods, including rules of origin and the temporary suspension of this treatment shall also apply, with respect to the Union, to those areas of the customs territory of the Union, as defined by Article 4 of Regulation (EU) No 952/2013 of the European Parliament and of the Council75, which are not covered by Article FINPROV.1(a) [Territorial scope] of Part Seven [Final provisions].
2. Without prejudice to Article FINPROV.1(2), (3) and (4) [Territorial Scope], the rights and obligations of the Parties under this Part shall also apply with regard to the areas beyond each Party’s territorial sea, including the sea-bed and subsoil thereof, over which that Party exercises sovereign rights or jurisdiction in accordance with international law including the United Nations Convention on the Law of the Sea, done at Montego Bay on 10 December 1982 and its laws and regulations which are consistent with international law.76
75 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (recast) (OJ EU L 269, 10.10.2013, p. 1).
76 For greater certainty, for the European Union, the areas beyond each Party’s territorial sea shall be understood as the respective areas of the Member States of the European Union.
3. Subject to the exceptions contained in paragraph 4, Chapters 1 [NTMA], 2 [Rules of Origin] and 5 [Customs and trade facilitation] of Title IV [Trade in goods] and the Protocols and Annexes to those Chapters shall also apply, with respect to the United Kingdom, to the territories referred to in Article FINPROV.1(2) [Territorial scope]. For that purpose, the territories referred to in Article FINPROV.1(2) [Territorial scope] shall be considered as being part of the customs territory of the United Kingdom. The customs authorities of the territories referred to in Article FINPROV.1(2) [Territorial scope] shall be responsible for the application and implementation of these Chapters, and the Protocols and Annexes to these Chapters, in their respective territories. References to “customs authority” in those provisions shall be read accordingly. However, requests and communications made under these Chapters, and the Protocols and Annexes to these Chapters, shall be administered by the customs authority of the United Kingdom.
4. Article CUSTMS.9 [Authorised Economic Operators] of Chapter 5 [Customs and trade facilitation] of Title IV [Trade in goods] of Heading One of Part Two, ANNEX CUSTMS-1 [Authorised Economic Operators] and the Protocol on administrative cooperation and combating fraud in the field of Value Added Tax and on mutual assistance for the recovery of claims relating to taxes and duties shall not apply to the Bailiwick of Jersey or the Bailiwick of Guernsey.
5. Chapters 3 [SPS] and 4 [TBT] of Title IV [Trade in goods] of Heading One of Part Two and the Annexes to those Chapters shall also apply, with respect to the United Kingdom, to the territories referred to in Article FINPROV.1(2) [Territorial scope]. The authorities of the territories referred to in Article FINPROV.1(2) [Territorial scope] shall be responsible for the application and implementation of these Chapters, and the Annexes to these Chapters, in their respective territories and relevant references shall be read accordingly. However, requests and communications made under these Chapters, and the Annexes to these Chapters, shall be administered by the authorities of the United Kingdom.
6. Without prejudice to Article FINPROV.8 [Termination] and Article OTH.10 [Termination of Part Two] and unless agreed otherwise between the Parties, paragraphs 3 to 5 of this Article shall remain in force until the earlier of:
(a) expiry of a period of three years following written notice of termination to the other Party; or
(b) the date on which Article FISH.10 [Access to waters of the Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of Man], Article FISH.11 [Notification periods relating to the importation and direct landing of fisheries products] and any other provision of Heading Five [Fisheries] in so far as it relates to the arrangements provided for in those Articles cease to be in force.
7. For the purposes of point (a) of paragraph 6, notice of termination may be given in respect of one or more of the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man and paragraphs 3 to 5 of this Article shall continue in force for those territories in respect of which a notice of termination has not been given.
8. For the purposes of point (b) of paragraph 6, if Article FISH.10 [Access to waters of the Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of Man], Article FISH.11 [Notification periods relating to the importation and direct landing of fisheries products] and any other provision of Heading Five [Fisheries] in so far as it relates to the arrangements provided for in those Articles cease to be in force in relation to one or more (but not all) of the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man, paragraphs 3 to 5 of this Article shall continue to be in force for those territories in respect of which Article FISH.10 [Access to waters of the Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of Man], Article FISH.11 [Notification periods relating to the importation and direct landing of fisheries products] and any other provision of Heading Five [Fisheries] in so far as it relates to the arrangements provided for in those Articles remain in force.
Article OTH.10: Termination of Part Two
Without prejudice to Article FINPROV.8 [Termination], each Party may at any moment terminate this Part, by written notification through diplomatic channels. In that event, this Part shall cease to be in force on the first day of the ninth month following the date of notification. Heading Four [Social security coordination and visas for short-term travels] and the Protocol on Social Security Coordination shall not be terminated pursuant to this Article.
