Chapter 29: Administrative and Institutional Provisions (web version)
Published 16 December 2021
Disclaimer
The HTML version departs in certain respects from the formatting of the official treaty.
Please see the PDF chapter text for a copy of the exact treaty text.
Article 29.1: Establishment of the Joint Committee
The Parties hereby establish a Joint Committee, composed of government representatives of the Parties at the level of Ministers or senior officials. Each Party shall be responsible for the composition of its delegation.
Article 29.2: Functions of the Joint Committee
1. The Joint Committee shall:
(a) consider any matter relating to the implementation or operation of this Agreement;
(b) consider any proposal to amend or modify this Agreement;
(c) supervise the work of all committees, working groups and any other subsidiary bodies established under this Agreement;
(d) consider ways to further enhance trade and investment between the Parties; and
(e) adopt, by any means it considers appropriate on the date of entry into force of this Agreement, the Rules of Procedure and Code of Conduct referred to in Article 30.13 (Rules of Procedure and Code of Conduct – Dispute Settlement) and, as it considers appropriate, amend those Rules of Procedure or that Code of Conduct.
2. The Joint Committee may:
(a) establish, refer matters to, or consider matters raised by any committee, working group, or other subsidiary body;
(b) merge or dissolve any committee, working group, or other subsidiary body established in accordance with subparagraph (a) or under this Agreement;
(c) develop arrangements for implementing this Agreement;
(d) seek to resolve differences or disputes that may arise regarding the interpretation or application of this Agreement;
(e) issue interpretations of this Agreement;[footnote 1]
(f) seek the advice of non-governmental persons or groups on any matter falling within the Joint Committee’s functions;
(g) adopt, subject to completion of any applicable procedures of a Party, decisions to modify this Agreement in the instances referred to in paragraph 3. Notwithstanding Article 32.2 (Amendments – Final Provisions), those modifications shall be adopted and enter into force by the exchange of diplomatic notes between the Parties; and
(h) take any other action as the Parties may agree.
3. Paragraph 2(g) shall apply to:
(a) the Schedules to Annex 2A (Tariff Commitments), by accelerating tariff elimination;
(b) the rules of origin established in Annex 4B (Product-Specific Rules); and
(c) modifications to the Schedules to Annex 16A (Government Procurement) pursuant to Article 16.20 (Modifications and Rectifications to Annex – Government Procurement).
Article 29.3: Decision-Making
The Joint Committee and all subsidiary bodies established under this Agreement shall take all decisions by mutual agreement.
Article 29.4: Rules of Procedure of the Joint Committee
1. The Joint Committee shall meet within one year of the date of entry into force of this Agreement and thereafter as the Parties may decide, including as necessary to fulfil its functions under Article 29.2 (Functions of the Committee). Meetings of the Joint Committee shall be chaired on a rotating basis by representatives of the Parties at the level of Ministers or senior officials.
2. The Party chairing a session of the Joint Committee shall provide any necessary administrative support for such session.
3. Except as otherwise provided in this Agreement, the Joint Committee and any subsidiary body established under this Agreement shall carry out its work through whatever means are appropriate, which may include electronic mail or videoconferencing.
4. Unless otherwise decided, the Joint Committee shall adopt rules of procedure at its first meeting, and any subsidiary body established under this Agreement may also establish rules of procedure for the conduct of its work.
Article 29.5: Contact Points
1. Each Party shall designate an overall contact point to facilitate communications between the Parties on any matter covered by this Agreement, as well as other contact points as required by this Agreement.
2. Unless otherwise provided in this Agreement, each Party shall notify the other Party in writing of its designated contact points no later than 60 days after the date of entry into force of this Agreement.
3. Each Party shall promptly notify the other Party, in writing, of any changes to its overall contact point or any other contact point.
4. On the request of a Party, the overall contact point of the other Party shall identify the office or official responsible for a matter and assist, as necessary, in facilitating communication with the requesting Party.
-
For greater certainty, interpretations issued by the Joint Committee are binding for panels established under Chapter 30 (Dispute Settlement). ↩