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Tratados Internacionales 9154-A · 03/07/2013

Association Agreement between Central America and the European UnionAcuerdo de Asociación entre Centroamérica y la Unión Europea

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Active lawNorma vigente 3 amendments3 enmiendas

The Association Agreement between Central America and the European Union was approved by the Legislative Assembly of Costa Rica and has been in force since October 1, 2013, establishing a bi-regional association based on political dialogue, cooperation, and trade, with sustainable development as a guiding principle.El Acuerdo de Asociación entre Centroamérica y la Unión Europea fue aprobado por la Asamblea Legislativa de Costa Rica y se encuentra vigente desde el 1° de octubre de 2013, estableciendo una asociación birregional basada en el diálogo político, la cooperación y el comercio, con el desarrollo sostenible como principio rector.

SummaryResumen

This international treaty, approved by Law No. 9154, establishes a bi-regional association between Central America (Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama) and the European Union and its Member States. The Agreement is structured in four parts: general and institutional provisions, political dialogue, cooperation, and trade. Regarding the environment, it enshrines sustainable development as a guiding principle (Art. 1) and dedicates Title V of Part III to the environment, natural disasters, and climate change, promoting the protection of natural resources, combating climate change, biodiversity conservation, and sustainable forest management. In addition, Art. 20 establishes a specific dialogue on the environment and sustainable development. In the trade area, Title VIII of Part IV addresses trade and sustainable development, linking labor and environmental obligations. The Agreement also reinforces international commitments on human rights, indigenous peoples, and good governance. It was ratified by Costa Rica through Executive Decree No. 37785 and entered into force on October 1, 2013.Este tratado internacional, aprobado por la Ley N° 9154, establece una asociación birregional entre Centroamérica (Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá) y la Unión Europea y sus Estados miembros. El Acuerdo se estructura en cuatro partes: disposiciones generales e institucionales, diálogo político, cooperación y comercio. En materia ambiental, consagra el desarrollo sostenible como principio rector (Art. 1) y dedica el Título V de la Parte III a medio ambiente, desastres naturales y cambio climático, promoviendo la protección de recursos naturales, la lucha contra el cambio climático, la conservación de la biodiversidad y la gestión sostenible de los bosques. Asimismo, el Art. 20 establece un diálogo específico sobre medio ambiente y desarrollo sostenible. En el ámbito comercial, el Título VIII de la Parte IV aborda comercio y desarrollo sostenible, vinculando obligaciones laborales y ambientales. El Acuerdo también refuerza compromisos internacionales en derechos humanos, pueblos indígenas y buena gobernanza. Fue ratificado por Costa Rica mediante Decreto Ejecutivo N° 37785 y entró en vigor el 1° de octubre de 2013.

Key excerptExtracto clave

1. Respect for democratic principles and fundamental human rights, as laid down in the Universal Declaration of Human Rights, and for the rule of law underpins the internal and international policies of both Parties and constitutes an essential element of this Agreement. 2. The Parties confirm their commitment to promoting sustainable development, which is a guiding principle for the implementation of this Agreement, taking particularly into account the Millennium Development Goals. The Parties shall ensure that an appropriate balance is struck between the economic, social and environmental components of sustainable development.1. El respeto a los principios democráticos y a los derechos humanos fundamentales, establecidos en la Declaración Universal de Derechos Humanos, y al Estado de Derecho sustenta las políticas internas e internacionales de ambas Partes y constituye un elemento esencial del presente Acuerdo. 2. Las Partes confirman su compromiso con la promoción del desarrollo sostenible, que es un principio rector para la aplicación del presente Acuerdo, teniendo especialmente en cuenta los Objetivos de Desarrollo del Milenio. Las Partes velarán por que se logre un equilibrio adecuado entre los componentes económicos, sociales y medioambientales del desarrollo sostenible.

Pull quotesCitas destacadas

  • "Las Partes confirman su compromiso con la promoción del desarrollo sostenible, que es un principio rector para la aplicación del presente Acuerdo, teniendo especialmente en cuenta los Objetivos de Desarrollo del Milenio."

    "The Parties confirm their commitment to promoting sustainable development, which is a guiding principle for the implementation of this Agreement, taking particularly into account the Millennium Development Goals."

    Artículo 1, Principios

  • "Las Partes confirman su compromiso con la promoción del desarrollo sostenible, que es un principio rector para la aplicación del presente Acuerdo, teniendo especialmente en cuenta los Objetivos de Desarrollo del Milenio."

    Artículo 1, Principios

  • "Las Partes promoverán un diálogo en los ámbitos del medio ambiente y el desarrollo sostenible mediante el intercambio de información y estimulando iniciativas sobre cuestiones medioambientales a nivel local y mundial, reconociendo el principio de las responsabilidades comunes pero diferenciadas."

    "The Parties shall promote dialogue in the areas of environment and sustainable development through the exchange of information and by encouraging initiatives on environmental issues at local and global level, recognising the principle of common but differentiated responsibilities."

    Artículo 20, Medio ambiente, Parte II Diálogo Político

  • "Las Partes promoverán un diálogo en los ámbitos del medio ambiente y el desarrollo sostenible mediante el intercambio de información y estimulando iniciativas sobre cuestiones medioambientales a nivel local y mundial, reconociendo el principio de las responsabilidades comunes pero diferenciadas."

    Artículo 20, Medio ambiente, Parte II Diálogo Político

  • "La cooperación abordará, en particular: a) la protección y la gestión sostenible de los recursos naturales y los ecosistemas, incluidos los bosques y los productos de la pesca; b) la lucha contra la contaminación del agua dulce y el agua de mar, el aire y el suelo..."

    "Cooperation shall address, in particular: (a) the protection and sustainable management of natural resources and ecosystems, including forests and fisheries products; (b) the fight against pollution of freshwater and seawater, air and soil..."

    Artículo 50, Cooperación sobre medio ambiente, Parte III Cooperación

  • "La cooperación abordará, en particular: a) la protección y la gestión sostenible de los recursos naturales y los ecosistemas, incluidos los bosques y los productos de la pesca; b) la lucha contra la contaminación del agua dulce y el agua de mar, el aire y el suelo..."

    Artículo 50, Cooperación sobre medio ambiente, Parte III Cooperación

Full documentDocumento completo

Articles

in the entirety of the text - Complete Text of Law 9154 Agreement establishing an Association between Central America and the European Union and its Member States Complete Text of record: 131ACD N° 9154 (Sinalevi Note: By means of executive decree Nº 37785 of July 4, 2013, the Republic of Costa Rica ratified this Agreement) (Sinalevi Note: In accordance with resolution RES-DGA-314-2013 of October 8, 2013, from the Dirección General de Aduanas, this instrument entered into force on October 1, 2013) THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF COSTA RICA

APPROVAL OF THE AGREEMENT ESTABLISHING AN ASSOCIATION BETWEEN CENTRAL AMERICA, ON THE ONE HAND, AND THE EUROPEAN UNION AND ITS MEMBER STATES, ON THE OTHER, AND APPROVAL BY THE REPUBLIC OF COSTA RICA OF THE AMENDMENT TO ARTICLE XXI OF THE CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA, ADOPTED AT AN EXTRAORDINARY MEETING OF THE CONFERENCE OF THE PARTIES, IN GABORONE, BOTSWANA, ON APRIL 30, 1983

Implementing decrees

  • Executive Decree 39586 Reglamento a los Impuestos de salidas del Territorio Nacional por vía Terrestre creados por Ley N° 9154 Implementation · Express · Jan 11, 2016
  • Executive Decree 37821 Reglamento para la emisión de los Certificados de Exportación de Banano y de Productos Textiles f de Confección a la Unión Europeay al Reino Unido Reglamentación Parcial · Express · Sep 5, 2013

DECREES:

1

The text is as follows:

AGREEMENT ESTABLISHING AN ASSOCIATION BETWEEN CENTRAL AMERICA, ON THE ONE HAND, AND THE EUROPEAN UNION AND ITS MEMBER STATES, ON THE OTHER THE REPUBLIC OF COSTA RICA, THE REPUBLIC OF EL SALVADOR, THE REPUBLIC OF GUATEMALA, THE REPUBLIC OF HONDURAS, THE REPUBLIC OF NICARAGUA, THE REPUBLIC OF PANAMÁ, hereinafter "Central America", on the one hand, and THE KINGDOM OF BELGIUM, THE REPUBLIC OF BULGARIA, THE CZECH REPUBLIC, THE KINGDOM OF DENMARK, THE FEDERAL REPUBLIC OF GERMANY, THE REPUBLIC OF ESTONIA, IRELAND, THE HELLENIC REPUBLIC, THE KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF CYPRUS, THE REPUBLIC OF LATVIA, THE REPUBLIC OF LITHUANIA, THE GRAND DUCHY OF LUXEMBOURG, HUNGARY, MALTA, THE KINGDOM OF THE NETHERLANDS, THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF POLAND, THE PORTUGUESE REPUBLIC, ROMANIA, THE REPUBLIC OF SLOVENIA, THE SLOVAK REPUBLIC, THE REPUBLIC OF FINLAND, THE KINGDOM OF SWEDEN, THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, Contracting Parties to the Treaty on European Union and to the Treaty on the Functioning of the European Union, hereinafter "the Member States of the European Union", and THE EUROPEAN UNION, on the other, CONSIDERING the historical, cultural, political, economic and social ties that have traditionally existed between the Parties and the desire to strengthen their relations based on common principles and values, building on the existing mechanisms governing relations between the Parties, as well as the desire to consolidate, deepen and diversify bi-regional links in areas of common interest in a spirit of mutual respect, equality, non-discrimination, solidarity and mutual benefit; CONSIDERING the positive development of the United Kingdom and the Republics of the CA Party(*) over the last two decades, which has made it possible to foster common objectives and interests to embark on a new, deeper, more modern and permanent phase of relations, in order to establish a bi-regional(**) association that responds to current internal challenges, as well as to new international realities; (*) (Thus substituted its denomination by the paragraph of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex of International Treaty, N° 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on the 18th day of July 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Section 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019". Previously it indicated "both regions") (**) (Sinalevi Note: In accordance with the paragraph of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex of International Treaty, N° 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on the 18th day of July 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Section 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019", it was agreed to indicate that the word "bi-regional" is considered not incorporated into the present aforementioned agreement.)

EMPHASIZING the importance that the Parties attach to the consolidation of the political dialogue and economic cooperation process established to date between the Parties within the framework of the San José Dialogue, initiated in 1984 and renewed on numerous occasions since then; RECALLING the conclusions of the 2006 Vienna Summit, including the commitments undertaken by Central America regarding the deepening of regional economic integration; RECOGNIZING the progress achieved in the Central American economic integration process, such as the ratification of the Framework Convention for the Establishment of the Central American Customs Union and the Treaty on Investment and Trade in Services, as well as the implementation of a jurisdictional mechanism that guarantees the enforcement of regional economic legislation throughout the Central American region; REAFFIRMING their respect for democratic principles and fundamental human rights as set out in the Universal Declaration of Human Rights; RECALLING their commitment to the principles of the Rule of Law and good governance; BASING themselves on the principle of shared responsibility and convinced of the importance of preventing the consumption of illicit drugs and reducing their harmful effects, including the fight against the cultivation, production, processing and trafficking of drugs and their precursors, as well as against money laundering; NOTING that the provisions of this Agreement falling within the scope of Part III, Title V, of the Treaty on the Functioning of the European Union are binding upon the United Kingdom and Ireland as independent Contracting Parties, and not as part of the European Union, unless the European Union, together with the United Kingdom, with Ireland or with both jointly notify the Republics of the CA Party that the United Kingdom or Ireland is bound as part of the European Union, in accordance with the provisions of Protocol No. 21 on the position of the United Kingdom and Ireland in respect of the area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union. In the event that the United Kingdom or Ireland, or both, cease to be bound as part of the European Union in accordance with the provisions of Article 4a of Protocol No. 21, the European Union, together with the United Kingdom, with Ireland, or with both, shall immediately inform the Republics of the CA Party of any change in their position, in which case they shall remain bound by the provisions of this Agreement in their own right. The same applies to Denmark, in accordance with the Protocol annexed to those Treaties on the position of Denmark; UNDERLINING their commitment to work together towards the eradication of poverty, job creation, equitable and sustainable development, including aspects such as vulnerability to natural disasters, the conservation and protection of the environment and biodiversity, as well as the progressive integration of the Republics of the CA Party into the world economy; REAFFIRMING the importance that the Parties attach to the principles and rules governing international trade, in particular those contained in the Marrakesh Agreement establishing the World Trade Organization of 15 April 1994 (hereinafter "the WTO Agreement"), and the multilateral agreements annexed to the WTO Agreement, as well as the need to apply them in a transparent and non-discriminatory manner; CONSIDERING the difference in economic and social development existing between the Republics of the CA Party and the United Kingdom(*), and the common objective of strengthening the process of economic and social development in Central America; (*) (Thus substituted its denomination by the paragraph of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex of International Treaty, N° 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on the 18th day of July 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Section 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019". Previously it indicated "EU Party") DESIRING to strengthen their economic relations, in particular trade and investment, by strengthening and improving the current level of access of the Republics of the CA Party to the market of the European Union, thus contributing to economic growth in Central America and to the reduction of asymmetries between the United Kingdom and the Republics of the CA Party(*); (*) (Thus substituted its denomination by the paragraph of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex of International Treaty, N° 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on the 18th day of July 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Section 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019". Previously it indicated "both regions") CONVINCED that this Agreement will create a favourable climate for the growth of sustainable economic relations between them, particularly in the sectors of trade and investment, which are essential for achieving economic and social development and technological modernisation and innovation; UNDERLINING the need to build upon the principles, objectives and mechanisms governing relations between the United Kingdom and the Republics of the CA Party(*), in particular the Political Dialogue and Cooperation Agreement between the European Community and its Member States, and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama, signed in 2003 (hereinafter referred to as "the 2003 Political Dialogue and Cooperation Agreement"), as well as the 1993 Framework Cooperation Agreement signed between those same parties; (Sinalevi Note: By means of section 1) sub-section a) of the annex of International Treaty, N° 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on the 18th day of July 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Section 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019", it was agreed to indicate that the paragraph beginning with the words "UNDERLINING the need to build" is not incorporated into the present aforementioned Agreement.)

(*) (Thus substituted its denomination by the paragraph of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex of International Treaty, N° 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on the 18th day of July 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Section 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019". Previously it indicated "both regions") CONSCIOUS of the need to promote sustainable development in the United Kingdom and the Republics of the CA Party(*) through a development partnership involving all stakeholders, including civil society and the private sector, in accordance with the principles set out in the Monterrey Consensus and the Johannesburg Declaration, and their implementation plan; (*) (Thus substituted its denomination by the paragraph of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex of International Treaty, N° 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on the 18th day of July 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Section 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019". Previously it indicated "both regions") REAFFIRMING that States, in the exercise of their sovereign power to exploit their natural resources, in accordance with their own environmental and development policies, must promote sustainable development; CONSCIOUS of the need to establish a comprehensive dialogue on migration to strengthen bi-regional cooperation in this area within the framework of the parts of this Agreement relating to Political Dialogue and Cooperation, and to ensure effective promotion and protection of the human rights of all migrants; RECOGNIZING that no provision of this Agreement shall be invoked, construed or understood in any way as defining the position of the Parties in ongoing or future bilateral or multilateral trade negotiations; EMPHASIZING the willingness to cooperate in international fora on issues of mutual interest; BEARING IN MIND the strategic partnership developed between the European Union and Latin America and the Caribbean within the framework of the 1999 Rio Summit, reaffirmed at the 2002 Madrid Summit, the 2004 Guadalajara Summit, the 2006 Vienna Summit, the 2008 Lima Summit and the 2010 Madrid Summit; (Sinalevi Note: By means of section 1) sub-section b) of the annex of International Treaty, N° 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on the 18th day of July 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Section 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019", it was agreed to indicate that the paragraph beginning with the words "BEARING IN MIND the strategic partnership developed" is not incorporated into the present aforementioned Agreement.)

TAKING INTO ACCOUNT the Madrid Declaration of May 2010; HAVE DECIDED TO CONCLUDE THIS AGREEMENT:

PART I GENERAL AND INSTITUTIONAL PROVISIONS

NATURE AND SCOPE OF APPLICATION OF THIS AGREEMENT

TITLE I

1

Principles 1. Respect for democratic principles and fundamental human rights, as set out in the Universal Declaration of Human Rights, and for the Rule of Law underpins the internal and international policies of both Parties and constitutes an essential element of this Agreement.

2. The Parties confirm their commitment to the promotion of sustainable development, which is a guiding principle for the implementation of this Agreement, taking special account of the Millennium Development Goals. The Parties shall ensure that an adequate balance is achieved among the economic, social and environmental components of sustainable development.

3. The Parties reaffirm their adherence to good governance and the Rule of Law, which entails, in particular, the supremacy of the law, the separation of Powers, the independence of the Judiciary, clear decision-making procedures by public authorities, transparent and accountable institutions, the efficient and transparent administration of public affairs at local, regional and national level, and the implementation of measures aimed at preventing and combating corruption.

2

Objectives The Parties agree that the objectives of this Agreement are:

  • a)to strengthen and consolidate relations between the Parties through an association based on three interdependent and fundamental parts: political dialogue, cooperation and trade, on the basis of mutual respect, reciprocity and common interest. To implement this Agreement, full use shall be made of the agreements and institutional mechanisms agreed upon by the Parties; b) to develop a privileged political partnership based on common values, principles and objectives, in particular respect for and the promotion of democracy and human rights, sustainable development, good governance and the Rule of Law, with a commitment to promote and protect these values and principles globally, in a way that contributes to strengthening multilateralism; c) to enhance bi-regional cooperation in all areas of common interest in order to achieve more sustainable and equitable social and economic development in the United Kingdom and the Republics of the CA Party(*); (*) (Thus substituted its denomination by the paragraph of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex of International Treaty, N° 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on the 18th day of July 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Section 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019". Previously it indicated "both regions") d) to broaden and diversify the bi-regional trade relationship of the Parties in conformity with the WTO Agreement and the specific objectives and provisions set out in Part IV of this Agreement, which should contribute to greater economic growth, the gradual improvement of the quality of life in the United Kingdom and the Republics of the CA Party(*), and better integration of the same into the world economy; (*) (Thus substituted its denomination by the paragraph of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex of International Treaty, N° 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on the 18th day of July 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Section 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019". Previously it indicated "both regions") e) to strengthen and deepen the progressive process of regional integration in Central America(*) in areas of common interest, as a way of facilitating the implementation of this Agreement; (*) (Thus inserted the preceding phrase by section 2) of the annex of International Treaty N° 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on the 18th day of July 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Section 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019.") f) to strengthen good neighbourly relations and the principle of peaceful resolution of conflicts; g) to maintain at least, and preferably improve, the level of good governance, as well as the levels achieved in social, labour and environmental matters through the effective implementation of the international conventions to which the Parties are party at the time of the entry into force of this Agreement; and h) to promote the increase of trade and investment between the Parties, taking into account the special and differential treatment to reduce the existing structural asymmetries between the United Kingdom and the Republics of the CA Party(*).

(*) (Thus substituted its denomination by the paragraph of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex of International Treaty, N° 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on the 18th day of July 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Section 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019". Previously it indicated "both regions")

3

Scope of Application The Parties shall treat each other as equals. No provision of this Agreement shall be interpreted in such a way as to undermine the sovereignty of any Republic of the CA Party.

INSTITUTIONAL FRAMEWORK

TITLE II

4

Association Council 1. An Association Council is hereby established, which shall supervise the fulfilment of the objectives of this Agreement and its implementation. The Association Council shall meet at ministerial level at regular intervals not exceeding a period of four(*) years, and extraordinarily when circumstances so require and if the Parties so agree. The Association Council shall meet at the level of Heads of State or Government, when appropriate and so agreed by the Parties. Furthermore, to strengthen political dialogue and make it more efficient, specific ad hoc working meetings shall be promoted.

(*) (Thus amended the preceding phrase by section 3) sub-section a) of the annex of International Treaty N° 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on the 18th day of July 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Section 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019.") 2. The Association Council shall examine any major issue arising within the framework of this Agreement, as well as any other bilateral, multilateral or international issue of common interest.

3. The Association Council shall also examine proposals and recommendations from the Parties aimed at improving the relations established within the framework of this Agreement.

5

Composition and internal regulations 1. The Association Council shall be composed of representatives of the United Kingdom(*) and of each of the Republics of the CA Party at ministerial level, in accordance with the respective internal provisions of the Parties and taking into consideration the specific issues (Political Dialogue, Cooperation and/or Trade) to be addressed at each specific session.

2. The Association Council shall establish its own internal regulations.

3. The members of the Association Council may arrange for representation, in accordance with the conditions set out in its internal regulations.

4. The chairmanship of the Association Council shall be held alternately by a representative of the United Kingdom(*), on the one hand, and by a representative of a Republic of the CA Party, on the other, in accordance with its internal regulations.

(*) (Thus substituted its denomination by the paragraph of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex of International Treaty, N° 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on the 18th day of July 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Section 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019". Previously it indicated "EU Party")

6

Decision-making power 1. In order to achieve the objectives of this Agreement, the Association Council shall have the power to adopt decisions in the cases provided for in this Agreement.

2. The decisions adopted shall be binding on the Parties, which shall take all necessary measures to implement them in accordance with the internal rules and legal procedures of each Party.

3. The Association Council may also make such recommendations as it deems appropriate.

4. The Association Council shall adopt its decisions and recommendations by common agreement between the Parties. In the case of the Republics of the CA Party, the adoption of decisions and recommendations shall require their consensus.

5. The procedure established in paragraph 4 shall apply to all other bodies created by this Agreement.

7

Association Committee 1. The Association Council shall be assisted in the performance of its duties by an Association Committee, which shall be composed of representatives of the United Kingdom(*) and of each of the Republics of the CA Party, at senior official level, and taking into consideration the specific issues (Political Dialogue, Cooperation and/or Trade) to be addressed at each specific session.

(*) (Thus substituted its denomination by the section of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex of International Treaty, No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on the 18th day of July, 2019; its Annex, its Joint Declarations, and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama regarding Section 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019". Previously indicated as "EU Party") 2. The Association Committee shall be responsible for the general implementation of this Agreement.

3. The Association Council shall establish the rules of procedure of the Association Committee.

4. The Association Committee shall be empowered to adopt decisions in the cases provided for in this Agreement or when the Association Council has delegated such power to it. In such case, the Association Committee shall adopt its decisions in accordance with the conditions established in Articles 4 to 6.

5. The Association Committee shall generally meet once a year to conduct a global review of the implementation of this Agreement, on a date and with an agenda previously agreed upon by the Parties, one year in London(*) and the following year in Central America. Extraordinary meetings may be convened, by mutual agreement and at the request of any of the Parties. The Association Committee shall be chaired alternately by a representative of each of the Parties.

(*) (Thus substituted its denomination by the section of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex of International Treaty, No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on the 18th day of July, 2019; its Annex, its Joint Declarations, and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama regarding Section 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019". Previously indicated as "Brussels")

8

Subcommittees 1. The Association Committee shall be assisted in the fulfillment of its functions by the Subcommittees established in this Agreement.

2. The Association Committee may decide to create any additional Subcommittee. It may decide to modify the assigned tasks or dissolve any Subcommittee.

3. The Subcommittees shall meet once a year or at the request of any of the Parties or the Association Committee, at an appropriate level. When meetings are in person, they shall be held alternately in London(*) or in Central America. Meetings shall also be held by any technological means available to the Parties.

(*) (Thus substituted its denomination by the section of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex of International Treaty, No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on the 18th day of July, 2019; its Annex, its Joint Declarations, and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama regarding Section 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019". Previously indicated as "Brussels") 4. The Subcommittees shall be chaired alternately by a representative of the United Kingdom(*), on the one hand, and by a representative of a Republic of the CA Party, on the other, for a period of one year.

(*) (Thus substituted its denomination by the section of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex of International Treaty, No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on the 18th day of July, 2019; its Annex, its Joint Declarations, and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama regarding Section 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019". Previously indicated as "EU Party") 5. The creation or existence of a Subcommittee shall not prevent the Parties from raising a matter directly with the Association Committee.

6. The Association Council shall adopt the rules of procedure that shall determine the composition and the functions of said Subcommittees, as well as their mode of operation, provided this is not provided for in this Agreement.

7. A Subcommittee on Cooperation is established. It shall assist the Association Committee in the performance of its functions relating to Part III of this Agreement. It shall also have the following tasks:

  • a)address any cooperation matter referred to it by the Association Committee; b) monitor the general implementation of Part III of this Agreement; c) discuss any issue related to cooperation that may affect the functioning of Part III of this Agreement.
9

Parliamentary Association Committee 1. The Parties may establish a Parliamentary Association Committee. It shall be composed of members of the Parliament of the United Kingdom(*), on the one hand, and by members of the Central American Parliament (PARLACEN), and in the case of the Republics of the CA Party that are not members of PARLACEN, by representatives designated by their respective National Congresses, on the other, who shall meet and exchange views. It shall determine the frequency of its meetings and shall be chaired alternately by one of the two sides.

(Thus reformed the previous paragraph by section 3) sub-section b) of the annex of International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on the 18th day of July, 2019; its Annex, its Joint Declarations, and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama regarding Section 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019.") (*) (Thus substituted its denomination by the section of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex of International Treaty, No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on the 18th day of July, 2019; its Annex, its Joint Declarations, and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama regarding Section 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019". Previously indicated as "European Parliament") 2. The Parliamentary Association Committee shall establish its rules of procedure.

3. The Parliamentary Association Committee may request from the Association Council pertinent information on the implementation of this Agreement. The Association Council shall provide the Committee with the requested information.

4. The Parliamentary Association Committee shall be informed of the decisions and recommendations of the Association Council.

5. The Parliamentary Association Committee may make recommendations to the Association Council.

10

Joint Consultative Committee 1. A Joint Consultative Committee is established as an advisory body to the Association Council. Its task shall be to present to said Council the views of civil society organizations related to the implementation of this Agreement without prejudice to other processes pursuant to Article 11. Furthermore, the Joint Consultative Committee shall contribute to the promotion of dialogue and cooperation between civil society organizations of the European Union and those of Central America.

2. The Joint Consultative Committee shall be composed of an equal number of representatives of the European Economic and Social Committee, on the one hand, and by representatives of the Consultative Committee of the Central American Integration System (CC-SICA) and the Consultative Committee on Economic Integration (CCIE), on the other.

3. The Joint Consultative Committee shall adopt its rules of procedure.

(Note from Sinalevi: By means of section 3) sub-section c) of the annex of International Treaty, No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on the 18th day of July, 2019; its Annex, its Joint Declarations, and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama regarding Section 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019", it was agreed to indicate that this numeral is not incorporated into the aforementioned Agreement)

11

Civil Society 1. The Parties shall promote meetings of representatives of the civil societies of the European Union and of Central America, including the academic community, social and economic partners, and non-governmental organizations.

2. The Parties shall request periodic meetings with said representatives to inform them about the implementation of this Agreement and to receive their proposals in this regard.

PART II POLITICAL DIALOGUE

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Objectives The Parties agree that the objectives of the political dialogue between the Republics of the CA Party and the United Kingdom(*) are:

(*) (Thus substituted its denomination by the section of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex of International Treaty, No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on the 18th day of July, 2019; its Annex, its Joint Declarations, and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama regarding Section 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019". Previously indicated as "EU Party") a) to establish a privileged political partnership based mainly on respect for and the promotion of democracy, peace, human rights, the rule of law, good governance, and sustainable development; b) to defend common values, principles, and objectives through their promotion at the international level, particularly within the United Nations; c) to strengthen the United Nations Organization as the center of the multilateral system to enable it to effectively face global challenges; d) to intensify political dialogue to allow a broad exchange of opinions, positions, and information leading to joint initiatives at the international level; e) to cooperate in the areas of foreign policy and security, with the aim of coordinating their positions and taking joint initiatives of mutual interest in the relevant international forums.

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Areas 1. The Parties agree that the political dialogue shall cover all aspects of mutual interest at both the regional and international levels.

2. The political dialogue between the Parties shall pave the way for new initiatives aimed at achieving common objectives and establishing common ground in areas such as: regional integration; the rule of law; good governance; democracy; human rights; the promotion and protection of the rights and fundamental freedoms of indigenous peoples and persons, as recognized in the United Nations Declaration on the Rights of Indigenous Peoples; equal opportunities and gender equality; the structure and orientation of international cooperation; migration; poverty reduction and social cohesion; fundamental labor standards; environmental protection and the sustainable management of natural resources; regional security and stability, including the fight against citizen insecurity; corruption; drugs; transnational organized crime; trafficking in small arms and light weapons, as well as their ammunition; the fight against terrorism; the prevention and peaceful resolution of conflicts.

3. The dialogue under Part II shall also cover international treaties on human rights, good governance, fundamental labor standards, and the environment, in accordance with the international commitments of the Parties, and shall raise, in particular, the issue of their effective implementation.

4. The Parties may agree at any time to add any other topic as an area of political dialogue.

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Disarmament 1. The Parties agree to cooperate and contribute to strengthening the multilateral system in the field of conventional weapons disarmament, through full compliance with and national implementation of their existing obligations under international treaties and agreements, and other relevant international instruments in the field of conventional weapons disarmament.

2. In particular, the Parties shall promote the full implementation and universalization of the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, as well as the Convention on Certain Conventional Weapons (CCW) and its protocols.

3. The Parties further recognize that the illicit production, transfer, and circulation of small arms and light weapons, including their ammunition, as well as their excessive accumulation and uncontrolled spread, continue to pose a serious threat to peace and international security. Therefore, they agree to cooperate in the fight against the illicit trade and excessive accumulation of small arms and light weapons, including their ammunition, and also agree to work jointly to regulate the licit trade in conventional weapons.

4. Therefore, the Parties agree to respect and fully implement their obligations to address the illicit trade in small arms and light weapons, including their ammunition, within the framework of existing international agreements and applicable United Nations Security Council resolutions, as well as their commitments within the framework of other international instruments applicable in this area, such as the United Nations Programme of Action on Small Arms and Light Weapons.

15

Weapons of Mass Destruction 1. The Parties consider that the proliferation of nuclear, chemical, and biological weapons of mass destruction and their delivery systems, to both state and non-state actors, represents one of the most serious threats to international stability and security.

2. Therefore, the Parties agree to cooperate and contribute to the fight against the proliferation of weapons of mass destruction and their delivery systems, through full compliance with and national implementation of their existing obligations under international disarmament and non-proliferation treaties and agreements, and other relevant international obligations.

3. The Parties agree that this provision constitutes an essential element of this Agreement.

4. The Parties likewise agree to cooperate and contribute to the objective of non-proliferation:

  • a)by taking the necessary steps to sign, ratify, or accede to, as appropriate, and fully implement and comply with all other relevant international instruments; b) by establishing an effective system of national export controls that verifies the export and transit of goods related to weapons of mass destruction, including the control of dual-use technologies in their end-use for weapons of mass destruction, and which includes effective sanctions for breaches of export controls.

5. The Parties agree to establish a regular political dialogue that shall accompany and consolidate their cooperation in this area.

16

Fight against Terrorism 1. The Parties reaffirm the importance of the fight against terrorism and, in accordance with internationally recognized human rights, humanitarian law, and refugee law, the relevant international conventions and other instruments, the United Nations resolutions on the matter, and their respective legislation and regulations, as well as the United Nations Global Counter-Terrorism Strategy contained in United Nations General Assembly Resolution A/RES/60/288 of September 8, 2006, agree to cooperate in the prevention and elimination of acts of terrorism.

2. This collaboration shall be carried out mainly:

  • a)within the framework of the full implementation of international conventions and instruments, including all relevant United Nations General Assembly resolutions and United Nations Security Council resolutions; b) through the exchange of information on terrorist groups and their support networks, in accordance with international and national law; c) through cooperation on the means and methods used to combat terrorism, including technical fields and training and the exchange of experiences in the prevention of terrorism and in the area of human rights protection in the fight against terrorism; d) through the exchange of views on legal frameworks and best practices, as well as technical and administrative assistance; e) through the exchange of information in accordance with their respective legislation; f) through technical assistance and training on investigation methods, information technology, and the formulation of protocols for prevention, warnings, and effective response to terrorist threats or acts; and g) through the exchange of views on prevention models related to other illicit activities linked to terrorism, such as money laundering, firearms trafficking, identity document forgery, and trafficking in human beings, among others.
17

Serious Crimes of International Concern 1. The Parties reaffirm that the most serious crimes of concern to the international community as a whole must not go unpunished and that their prosecution must be ensured by measures, whether at the national or international level, as appropriate, including the International Criminal Court.

2. The Parties consider that the establishment and effective functioning of the International Criminal Court constitutes an important advance for international peace and justice and that the Court represents an effective instrument for investigating and prosecuting the perpetrators of the most serious crimes of concern to the international community as a whole when national courts are unwilling or unable to do so, given the complementary character of the International Criminal Court with national criminal jurisdictions.

3. The Parties agree to cooperate to promote universal adherence to the Rome Statute by:

  • a)continuing to take actions to implement the Rome Statute and to ratify and implement the related instruments (such as the Agreement on the Privileges and Immunities of the International Criminal Court); b) sharing experiences with regional partners in the adoption of the necessary legal adjustments that allow for the ratification and implementation of the Rome Statute; and c) taking measures to safeguard the integrity of the Rome Statute.

4. It is the sovereign decision of each State to decide the most appropriate time to accede to the Rome Statute.

18

Financing for Development 1. The Parties agree to support international efforts to promote policies and regulations aimed at financing development and strengthening cooperation to achieve the internationally agreed development objectives, including the Millennium Development Goals, as well as the commitments of the Monterrey Consensus and other related forums.

2. To this end, and with the aim of promoting more inclusive societies, the Parties recognize the need to develop new and innovative financial mechanisms.

19

Migration 1. The Parties reaffirm the importance they attach to the joint management of migratory flows between their territories. Recognizing that poverty is one of the root causes of migration and with the aim of strengthening cooperation between them, they shall engage in a comprehensive dialogue on all migration-related issues, such as irregular migration, refugee flows, smuggling and trafficking in human beings, and shall include related issues such as brain drain, in the national strategies for the economic and social development of the areas from which migrants originate, also taking into account the historical and cultural links existing between the United Kingdom and the Republics of the CA Party(*).

(*) (Thus substituted its denomination by the section of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex of International Treaty, No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on the 18th day of July, 2019; its Annex, its Joint Declarations, and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama regarding Section 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019". Previously indicated as "both regions") 2. The Parties agree to guarantee the effective enjoyment, protection, and promotion of the human rights of all migrants and the principles of equity and transparency in the equal treatment of migrants, and underscore the importance of combating racism, discrimination, xenophobia, and other forms of intolerance.

20

Environment 1. The Parties shall promote a dialogue in the areas of the environment and sustainable development through the exchange of information and by stimulating initiatives on environmental issues at the local and global levels, recognizing the principle of common but differentiated responsibilities, as established in the 1992 Rio Declaration on Environment and Development.

2. This dialogue shall be aimed, among other things, at combating the threat of climate change, the conservation of biodiversity, the protection and sustainable management of forests to, among other things, reduce emissions from deforestation and forest degradation, the protection of water and marine resources, watersheds and wetlands, the research and development of alternative fuels and renewable energy technologies, and the reform of environmental governance with a view to increasing its efficiency.

21

Citizen Security The Parties shall dialogue on citizen security, which is fundamental to promoting human development, democracy, good governance, and respect for human rights and fundamental freedoms. They recognize that citizen security transcends national and regional borders and, therefore, requires the promotion of a broader dialogue and cooperation on this matter.

22

Good Governance in Tax Matters With a view to strengthening and developing economic activities, and taking into account the need to develop an adequate regulatory framework, the Parties recognize and commit to complying with the internationally agreed common principles relating to good governance in tax matters.

23

Common Economic and Financial Credit Fund 1. The Parties agree on the importance of redoubling efforts to reduce poverty and support the development of Central America, particularly its poorest areas and populations.

2. Therefore, the Parties agree to negotiate the creation of a common economic and financial mechanism, which includes, among other things, the intervention of the European Investment Bank (EIB), the Latin America Investment Facility (LAIF), and technical assistance through the regional cooperation program for Central America. Said mechanism shall contribute to poverty reduction, promote the integral development and well-being of Central America, and drive socioeconomic growth and the promotion of a balanced relationship between the United Kingdom and the Republics of the CA Party(*).

(*) (Thus substituted its denomination by the section of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex of International Treaty, No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on the 18th day of July, 2019; its Annex, its Joint Declarations, and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama regarding Section 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019". Previously indicated as "both regions") 3. To this end, a bi-regional working group has been established. The mandate of this group shall be to examine the creation of said mechanism, as well as its operating modalities.

(Note from Sinalevi: By means of section 4) of the annex of International Treaty, No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on the 18th day of July, 2019; its Annex, its Joint Declarations, and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama regarding Section 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019", it was agreed to indicate that this numeral is not incorporated into the aforementioned Agreement) PART III COOPERATION

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Objectives 1. The overall objective of cooperation is to support the implementation of this Agreement in order to achieve an effective partnership between the United Kingdom and the Republics of the CA Party(*) by providing resources, mechanisms, tools, and procedures.

(*) (Thus substituted its denomination by the section of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex of International Treaty, No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on the 18th day of July, 2019; its Annex, its Joint Declarations, and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama regarding Section 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019". Previously indicated as "both regions") 2. Priority shall be given to the following objectives, which are set out in greater detail in Titles I to IX of this Part:

  • a)strengthening peace and security; b) contributing to the strengthening of democratic institutions, good governance and the full implementation of the rule of law (Estado de Derecho), gender equality and equity, all forms of non-discrimination, cultural diversity, pluralism, the promotion of and respect for human rights, fundamental freedoms, transparency and citizen participation; c) contributing to social cohesion through the reduction of poverty, inequality, social exclusion and all forms of discrimination in order to improve the quality of life of the peoples of Central America and the European Union; d) promoting economic growth to foster sustainable development, reducing imbalances between and within the Parties, and developing synergies between the United Kingdom and the Republics of the CA Party(*); (*) (Its name thus substituted by the section of the Joint Declarations "Declaración Conjunta sobre Mutatis Mutandis" of the annex to International Treaty No. 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Previously it read "both regions") e) deepening the process of regional integration in Central America by strengthening the capacity to implement and take advantage of the benefits of this Agreement, thereby contributing to the economic, social and political development of the Central American region as a whole; f) strengthening production and management capacities and improving competitiveness, creating opportunities for trade and investment for all economic and social agents in the United Kingdom and the Republics of the CA Party(*).

(*) (Its name thus substituted by the section of the Joint Declarations "Declaración Conjunta sobre Mutatis Mutandis" of the annex to International Treaty No. 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Previously it read "both regions") 3. The Parties shall undertake policies and measures aimed at fulfilling the objectives mentioned above. These measures may include innovative financial mechanisms with the aim of contributing to the fulfilment of the Millennium Development Goals and other internationally agreed development goals, in accordance with the commitments of the Monterrey Consensus and subsequent forums.

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Principles Cooperation between the Parties shall be governed by the following principles:

  • a)cooperation shall support and complement the efforts of the United Kingdom and the Republics of the CA Party(*) to implement the priorities set out in their own development policies and strategies, without prejudice to activities carried out with their civil society; (*) (Its name thus substituted by the section of the Joint Declarations "Declaración Conjunta sobre Mutatis Mutandis" of the annex to International Treaty No. 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Previously it read "the associated countries and regions") b) cooperation shall be the result of a dialogue between the United Kingdom and the Republics of the CA Party(*); (*) (Its name thus substituted by the section of the Joint Declarations "Declaración Conjunta sobre Mutatis Mutandis" of the annex to International Treaty No. 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Previously it read "the associated countries and regions") c) the Parties shall promote the participation of civil society and local authorities in their development policies and in their cooperation; d) cooperation activities shall be established both at the national and regional levels, which shall complement each other to support the general and specific objectives established in this Agreement; e) cooperation shall take into account cross-cutting issues, such as democracy and human rights, good governance, indigenous peoples, gender equality, the environment, including natural disasters, and regional integration; f) the Parties shall increase the effectiveness of their cooperation by acting within mutually agreed frameworks; they shall promote harmonization, alignment and coordination among donors, as well as the fulfilment of mutual obligations related to the carrying out of cooperation activities; g) cooperation includes technical and financial assistance as a means to contribute to the fulfilment of the objectives of this Agreement; h) the Parties agree on the importance of taking into account their different levels of development in the design of cooperation activities; i) the Parties agree on the importance of continuing to support policies and strategies for poverty reduction in middle-income countries, paying special attention to lower-middle-income countries; j) cooperation under this Agreement shall not affect the participation of the Republics of the CA Party, as developing countries, in the activities of the United Kingdom(*) in the field of research for development or other development cooperation programs of the European Union aimed at third countries, subject to the rules and procedures of those programs.

(Sinalevi Note: By means of paragraph 5) sub-paragraph a) of the annex to International Treaty No. 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", it was agreed to indicate that subparagraph j) above is not incorporated into the aforementioned Agreement) (*) (Its name thus substituted by the section of the Joint Declarations "Declaración Conjunta sobre Mutatis Mutandis" of the annex to International Treaty No. 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Previously it read "EU Party")

26

Modalities and methodology 1. To implement the cooperation activities, the Parties agree that:

  • a)the instruments may cover a wide range of bilateral, horizontal or regional activities, such as programs and projects, including infrastructure projects, budget support, sectoral policy dialogue, exchange and transfer of equipment, studies, impact assessments (evaluaciones de impacto), statistics and databases, exchanges of experiences and experts, training, communication and awareness-raising campaigns, seminars and publications; b) the implementing agents may include local, national and regional authorities, as well as civil society organizations and international organizations; c) they shall provide the adequate and necessary administrative and financial resources to ensure the implementation of the cooperation activities they have agreed upon in accordance with their own laws, regulations and procedures; d) all entities involved in the cooperation shall be subject to transparent resource management and accountability; e) they shall promote innovative cooperation and financing modalities and instruments, in order to improve the effectiveness of the cooperation and make the most of this Agreement; f) the cooperation between the Parties shall identify and develop innovative cooperation programs for the Republics of the CA Party; g) they shall encourage and facilitate private financing and foreign direct investment, in particular through the financing of the European Investment Bank in Central America, in accordance with its own procedures and financial criteria; (Sinalevi Note: By means of paragraph 5) sub-paragraph b. i) of the annex to International Treaty No. 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", it was agreed to indicate that in subparagraph g) above the words "in particular through the financing of the European Investment Bank in Central America, in accordance with its own procedures and financial criteria"; are not incorporated into the aforementioned Agreement) h) the participation of each Party as a partner in framework programs, specific programs and other activities of the other Party shall be promoted, in accordance with its own rules and procedures; (Sinalevi Note: By means of paragraph 5) sub-paragraph b. ii) of the annex to International Treaty No. 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", it was agreed to indicate that in subparagraph h) above; is not incorporated into the aforementioned Agreement) i) the participation of the Republics of the CA Party in the thematic and horizontal cooperation programs of the United Kingdom(*) for Latin America shall be promoted, including through possible specific windows; (Sinalevi Note: By means of paragraph 5) sub-paragraph b. ii) of the annex to International Treaty No. 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", it was agreed to indicate that in subparagraph i) above; is not incorporated into the aforementioned Agreement) (*) (Its name thus substituted by the section of the Joint Declarations "Declaración Conjunta sobre Mutatis Mutandis" of the annex to International Treaty No. 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Previously it read "EU Party") j) the Parties, in accordance with their own rules and procedures, shall promote triangular cooperation in areas of common interest between the United Kingdom and the Republics of the CA Party(*) and with third countries; (*) (Its name thus substituted by the section of the Joint Declarations "Declaración Conjunta sobre Mutatis Mutandis" of the annex to International Treaty No. 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Previously it read "the two regions") k) the Parties must jointly examine all practical possibilities for cooperation of mutual interest.

2. The Parties agree to foster cooperation between financial institutions, in accordance with their needs and within the framework of their respective programs and legislation.

27

Evolutionary clause 1. The fact that an area or a cooperation activity has not been included in this Agreement shall not be interpreted as an impediment for the Parties to decide, in accordance with their respective legislation, to cooperate in said area or activity.

2. No possibility of cooperation shall be excluded in advance. The Parties may resort to the Association Committee to examine the practical possibilities for cooperation of mutual interest.

3. With respect to the application of this Agreement, the Parties may make proposals to expand cooperation in all areas, taking into account the experience acquired during the implementation of the Agreement.

28

Statistical cooperation 1. The Parties agree to cooperate to develop improved statistical methods and programs in accordance with internationally accepted standards, including the collection, processing, quality control and dissemination of statistics, with the aim of generating comparable indicators between the Parties, enabling them to use the other Party's statistics on trade in goods and services, foreign direct investment and, more generally, on any area covered by this Agreement for which statistics can be compiled. The Parties recognize the usefulness of bilateral cooperation to support these objectives.

2. Cooperation in this area shall also aim to:

  • a)the development of a regional statistical system in support of the regional integration priorities agreed between the Parties; b) cooperation in the field of statistics on science, technology and innovation.

3. This cooperation could include, among other things: technical exchanges between the statistical institutes of the Republics of the CA Party and the Member States of the European Union and Eurostat, including exchanges of scientists; the development of improved and, where appropriate, consistent methods for the collection, disaggregation, analysis and interpretation of data; and the organization of seminars, working groups or statistical training programs.

(Sinalevi Note: By means of paragraph 5) sub-paragraph c) of the annex to International Treaty No. 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", it was agreed to indicate that in paragraph 3) above the words "and Eurostat", are not incorporated into the aforementioned Agreement)

DEMOCRACY, HUMAN RIGHTS AND GOOD GOVERNANCE

TITLE I

29

Democracy and human rights 1. The Parties shall cooperate to achieve the full observance of all human rights and fundamental freedoms, which are universal, indivisible and interdependent and interrelated, as well as for the construction and strengthening of democracy.

2. This cooperation may include, among other things:

  • a)the effective implementation of international human rights instruments, as well as of the recommendations emanating from the Treaty Bodies and the special procedures; b) the integration of the promotion and protection of human rights into national policies and development plans; c) the reinforcement of capacities to implement democratic principles and practices; d) the development and implementation of action plans on democracy and human rights; e) awareness-raising and education on human rights, democracy and a culture of peace; f) the strengthening of democratic institutions and those related to the field of human rights, as well as the legal and institutional frameworks for the promotion and protection of human rights; g) the development of joint initiatives of mutual interest within the relevant multilateral forums.
30

Good governance The Parties agree that cooperation in this area shall actively support governments through actions aimed, in particular, at:

  • a)respecting the rule of law (Estado de Derecho); b) ensuring the separation of Powers; c) ensuring the independence and efficiency of the judicial system; d) promoting transparent, accountable, effective, stable and democratic institutions; e) promoting policies that ensure accountability and transparent management; f) fighting against corruption; g) strengthening good and transparent governance at the national, regional and local levels; h) establishing and maintaining, at all levels, clear procedures for decision-making by public authorities; i) supporting the participation of civil society.
31

Modernization of the State and public administration, including decentralization 1. The Parties agree that cooperation in this area shall aim to improve their legal and institutional frameworks, based mainly on best practices. This includes the reform and modernization of public management, including capacity development, to support and strengthen decentralization processes and to support the organizational changes resulting from integration, paying special attention to organizational efficiency and the provision of services for citizens, as well as the transparent and good management of public resources, and accountability.

2. This cooperation may include national and regional programs and projects aimed at developing capacities for the design, implementation and evaluation of public policies. Likewise, the judicial system shall be strengthened and the participation of civil society shall be promoted.

32

Conflict prevention and resolution 1. The Parties agree that cooperation in this area shall promote and support a comprehensive peace policy that includes conflict prevention and resolution. This policy shall be based on the principle of commitment and participation of society and shall focus mainly on the development of regional, subregional and national capacities. It shall ensure equal political, economic, social and cultural opportunities for all segments of society, strengthen democratic legitimacy, promote social cohesion and an effective mechanism for the peaceful conciliation of the interests of different groups, and foster an organized and active civil society, in particular by resorting to existing regional institutions.

2. The cooperation shall strengthen capacities for conflict resolution and may include, among other things, support measures for mediation, negotiation and reconciliation processes, strategies that promote peace, efforts to improve levels of confidence and security at the regional level, efforts made on behalf of children, women and the older adult population, as well as actions to combat anti-personnel mines.

33

Strengthening of institutions and the rule of law (Estado de Derecho) The Parties shall attach special importance to the consolidation of the rule of law (Estado de Derecho) and the strengthening of institutions at all levels, in particular to law enforcement and the administration of justice. The cooperation shall be aimed mainly at strengthening the independence of the Judiciary and increasing its efficiency.

JUSTICE, FREEDOM AND SECURITY

TITLE II

34

Protection of personal data 1. The Parties agree to cooperate to improve the level of protection of personal data towards the highest international standards, such as the Guidelines for the Regulation of Computerized Personal Data Files, modified by the United Nations General Assembly on December 14, 1990, and to work towards the free movement of personal data between the Parties, taking into account their domestic legislation.

2. Cooperation on the protection of personal data may include, among other things, technical assistance in the form of information and specialized knowledge exchange, taking into account the laws and regulations of the Parties.

35

Illicit drugs 1. The Parties shall cooperate to ensure a global, comprehensive, and balanced approach through effective action and coordination among the competent authorities, including those of health, education, public security and/or interior, customs, the social and justice fields, in order to reduce to the greatest extent possible the supply and demand for illicit drugs, as well as their impact on drug-dependent persons and society in general. The aim is also to achieve more effective control and prevention against the diversion of chemical precursors used in the illicit manufacture of narcotic drugs and psychotropic substances, including the diversion of narcotic drugs and psychotropic substances used for medical and scientific purposes, for illicit purposes.

2. The cooperation shall be based on the principle of shared responsibility, on the relevant international conventions as well as on the Political Declaration, the Declaration on the Guiding Principles of Drug Demand Reduction and other main documents adopted by the Twentieth Special Session of the United Nations General Assembly on drugs in June 1998.

3. The cooperation shall be aimed at coordinating and increasing joint efforts to address the problem of illicit drugs. Without prejudice to other cooperation mechanisms, the Parties agree that, at the interregional level, the Coordination and Cooperation Mechanism on Drugs between the European Union and Latin America and the Caribbean shall be used for this purpose, and agree to cooperate to increase its effectiveness.

(Sinalevi Note: By means of paragraph 6) of the annex to International Treaty No. 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", it was agreed to indicate that the second sentence is not incorporated into the present aforementioned Agreement) 4. The Parties also agree to cooperate against crimes related to drug trafficking through greater coordination with relevant international bodies and agencies.

5. The Parties shall cooperate to ensure a comprehensive and balanced approach through effective action and coordination among the competent authorities, taking into account the social, justice and public security and/or interior fields, for the purpose of:

  • a)exchanging views on legislative regimes and best practices; b) combating the supply, trafficking and demand for narcotic drugs and psychotropic substances; c) strengthening judicial and police cooperation to combat illicit trafficking; d) strengthening maritime cooperation to efficiently combat trafficking; e) establishing information and monitoring centers; f) defining and implementing measures aimed at reducing the illicit traffic of drugs, medical prescriptions (narcotic drugs and psychotropic substances) and chemical precursors; g) establishing joint research programs and projects, as well as reciprocal judicial assistance; h) encouraging alternative development, in particular the promotion of legal crops for small producers; i) facilitating the training and education of human resources to prevent drug consumption and trafficking, and strengthening administrative control systems; j) supporting prevention and education programs dedicated to youth both inside and outside of educational centers; k) strengthening the prevention, treatment, rehabilitation and reintegration of drug-dependent persons through various modalities, and reducing the adverse effects arising from drug abuse.
36

Money laundering, including the financing of terrorism 1. The Parties agree to cooperate to prevent their financial systems and their enterprises from being used for the laundering of proceeds generated by any serious crime, in particular by crimes related to illicit drugs and psychotropic substances, and those associated with terrorist acts.

2. In accordance with the standards established by the Financial Action Task Force (FATF), this cooperation shall include, where appropriate, administrative and technical assistance aimed at the development and implementation of regulations and the effective functioning of appropriate standards and mechanisms. In particular, the cooperation shall allow for the exchange of pertinent information and the adoption of appropriate standards to fight against money laundering (lavado de activos) and the financing of terrorism, in accordance with those adopted by international bodies active in this field and with best practices used in the international context.

37

Organized crime and citizen security 1. The Parties agree to cooperate in the prevention of and fight against organized crime and financial crimes. To this end, they shall promote and exchange good practices and apply standards and instruments agreed upon at the international level, such as the United Nations Convention against Transnational Organized Crime and its Supplementary Protocols, and the United Nations Convention against Corruption. They shall, in particular, promote witness protection programs.

2. The Parties also agree to cooperate to improve citizen security, in particular through support for security policies and strategies. This cooperation should contribute to crime prevention and could include activities such as regional cooperation projects between police and judicial authorities, training programs, and the exchange of best practices for criminal profiling. It shall also include, among other things, exchanges of views on legislative frameworks, as well as administrative and technical assistance aimed at strengthening the institutional and operational capacities of law enforcement authorities.

38

Fight against corruption 1. The Parties recognize the importance of preventing and combating corruption in the private and public sectors and reaffirm their concern regarding the serious threat that corruption poses to the stability and security of democratic institutions. To this end, the Parties shall cooperate to implement and promote the relevant international standards and instruments, such as the United Nations Convention against Corruption.

2. In particular, the Parties shall cooperate to:

  • a)improve organizational effectiveness and ensure transparent management of public resources and accountability; b) strengthen relevant institutions, including law enforcement authorities and the Judiciary; c) prevent corruption and bribery in international transactions; d) monitor and evaluate anti-corruption policies at the local, regional, national, and international levels; e) encourage actions that promote the values of a culture of transparency, legality, and a change in people's attitude towards corrupt practices; f) continue developing cooperation to facilitate measures aimed at asset recovery, promoting good practices and capacity building.
39

Illicit trafficking of small arms and light weapons 1. The Parties shall cooperate to prevent and combat the illicit trafficking of small arms and light weapons, including their ammunition. They shall seek to coordinate actions to strengthen legal and institutional cooperation, as well as the collection and destruction of illicit small arms and light weapons, including their ammunition, in the hands of civilians.

2. The Parties shall cooperate to promote joint initiatives in the fight against trafficking in small arms and light weapons, including their ammunition. In particular, the Parties shall cooperate on joint initiatives aimed at implementing national, regional, and international programs, as well as conventions in this area, both within a multilateral framework and an interregional framework.

40

Fight against terrorism with full respect for human rights 1. Cooperation in the field of the fight against terrorism shall apply the framework and standards agreed upon in Article 16 of Part II.

2. The Parties shall also cooperate to ensure that any person who participates in the financing, planning, preparation, or perpetration of terrorist acts, or supports such acts, is brought to justice. The Parties agree that the fight against terrorism shall be carried out in full compliance with all relevant United Nations Resolutions, respecting the sovereignty of States, as well as due process, human rights, and fundamental freedoms.

3. The Parties agree to cooperate in the prevention and suppression of acts of terrorism through police and judicial cooperation.

SOCIAL DEVELOPMENT AND SOCIAL COHESION

TITLE III

41

Social cohesion, including the fight against poverty, inequalities, and exclusion 1. The Parties, recognizing that social development must go hand in hand with economic development, agree that cooperation shall aim to improve social cohesion through the reduction of poverty, inequity, inequality, and social exclusion, in particular to fulfill the Millennium Development Goals and the internationally agreed objective of promoting fair globalization and decent work for all. The fulfillment of these objectives shall mobilize significant financial resources, both from cooperation and domestic sources.

2. To this end, the Parties shall cooperate to promote and support the implementation of:

  • a)economic policies with a social vision aimed at a more inclusive society, with a better distribution of income, in order to reduce inequality and inequity; b) trade and investment policies, taking into account the link between trade and sustainable development, to foster fair trade, the development of micro-enterprises and small and medium-sized enterprises, both rural and urban, and their representative organizations, as well as corporate social responsibility; c) equitable and sound fiscal policies, which allow for a better redistribution of wealth, guarantee adequate levels of social spending, and reduce the informal economy; d) efficient public social investment linked to clearly identified social objectives and oriented towards results; e) effective social policies and equitable access to social services for all in a wide variety of areas, such as education, health, nutrition, sanitation, housing, justice, and social security; f) employment policies aimed at decent work for all and the creation of economic opportunities, with special attention to the poorest and most vulnerable groups and the most disadvantaged regions of the United Kingdom and the Republics of the CA Party, as well as specific measures that promote tolerance for cultural diversity in the workplace; g) social protection schemes, inter alia, in the areas of pensions, health, accidents, and unemployment, based on the principle of solidarity and accessibility for all; h) strategies and policies to combat xenophobia and discrimination, in particular on grounds of gender, race, convictions, beliefs, or ethnicity; i) specific policies and programs dedicated to youth.

3. The Parties agree to encourage the exchange of information on the social cohesion aspects of national plans or strategies, as well as lessons learned regarding their formulation and implementation.

4. The Parties shall also seek to jointly evaluate the contribution of the implementation of this Agreement to social cohesion.

42

Employment and social protection 1. The Parties agree to cooperate to promote employment and social protection through actions and programs, aimed in particular at:

  • a)guaranteeing decent work for all; b) creating more inclusive and efficient labor markets; c) expanding the coverage of social protection; d) exchanging best practices in the areas of worker mobility and the transfer of pension rights; e) promoting social dialogue; f) ensuring respect for the fundamental principles and rights at work identified by the Conventions of the International Labour Organization, the so-called core labor standards, in particular regarding freedom of association, the right to collective bargaining and non-discrimination, the abolition of forced labor and child labor, and equal treatment between men and women; g) addressing issues related to the informal economy; h) paying special attention to disadvantaged groups and the fight against discrimination; i) developing the quality of human resources by improving education and training, including effective vocational training; j) improving health and safety conditions at work, mainly by strengthening labor inspections; k) stimulating job creation and entrepreneurship by strengthening the institutional framework necessary for the creation of small and medium-sized enterprises and facilitating access to credit and micro-financing.

2. Activities may be carried out at the national, regional, and interregional levels, including through networking, mutual learning, the identification and dissemination of good practices, the exchange of information based on comparable statistical tools and indicators, and contacts between social partner organizations.

43

Education and training 1. The Parties agree that cooperation shall be aimed at:

  • a)promoting equitable access to education for all, including youth, women, older adults, indigenous peoples, and minority groups, paying special attention to the most vulnerable and marginalized segments of society; b) improving the quality of education, considering basic primary education as a priority; c) improving the completion rate for primary education and reducing early dropout from compulsory secondary education; d) improving non-formal learning; e) improving the infrastructure and equipment of existing educational centers; f) promoting education for indigenous peoples, including bilingual intercultural education; g) promoting higher education as well as vocational training and lifelong learning.

2. The Parties also agree to foster:

  • a)cooperation between higher education institutions of the Parties, as well as the exchange of students, researchers, and academics through existing programs; b) synergies between higher education institutions and the public and private sector in agreed areas, with the aim of facilitating integration into the labor market.

3. The Parties agree to pay special attention to the continued development of the EU-LAC Knowledge Area (Latin America and Caribbean-European Union) and initiatives such as the EU-LAC Common Area of Higher Education, in particular to encourage pooling and the exchange of experiences and technical resources.

44

Public health 1. The Parties agree to cooperate to develop efficient health systems, a competent and sufficient health workforce, financing mechanisms, and fair social protection schemes.

2. Special attention shall be paid to sectoral reforms and to ensuring equitable access to high-quality health services, food and nutritional security, in particular for vulnerable groups, such as persons with disabilities, older adults, women, children, and indigenous peoples.

3. In addition, they shall aim to cooperate to promote primary health care and prevention, through integrated approaches and actions involving other sectoral policies, in particular: to fight against HIV/AIDS, malaria, tuberculosis, dengue, Chagas disease, and other priority communicable and non-communicable diseases, as well as chronic diseases; to reduce infant mortality; to improve maternal health; and to address other priority areas, such as sexual and reproductive health, care and prevention of sexually transmitted diseases and unwanted pregnancies, provided that these objectives do not contravene national legal frameworks. In addition, the Parties shall cooperate in areas such as education, water treatment, and sanitation issues.

4. Cooperation may also foster the development, implementation, and promotion of international health law, including the International Health Regulations and the Framework Convention on Tobacco Control of the World Health Organization.

5. The Parties shall seek to create partnerships beyond the public health system through strategic associations with civil society and other actors, prioritizing disease prevention and health promotion.

45

Indigenous peoples and other ethnic groups 1. The Parties, respecting and promoting their national, regional, and international obligations, agree that cooperation activities shall strengthen the protection and promotion of the rights and fundamental freedoms of indigenous peoples, as recognized in the United Nations Declaration on the Rights of Indigenous Peoples. In addition, cooperation activities shall strengthen and promote the human rights and fundamental freedoms of persons belonging to minorities and ethnic groups.

2. Special attention should be paid to poverty reduction and the fight against inequality, exclusion, and discrimination. The relevant international documents and instruments addressing the rights of indigenous peoples, such as United Nations Resolution 59/174 regarding the Second International Decade of the World's Indigenous People, and, as ratified, International Labour Organization Convention 169 on Indigenous and Tribal Peoples in Independent Countries, should guide the development of cooperation activities, in accordance with the national and international obligations of the Parties.

3. The Parties also agree that cooperation activities shall systematically take into account the social, economic, and cultural identity of these peoples and shall ensure, as appropriate, their effective participation in cooperation activities, in particular in the areas most relevant to them, such as the management and sustainable use of land and natural resources, the environment, education, health, heritage, and cultural identity.

4. Cooperation shall contribute to promoting the development of indigenous peoples. It shall also contribute to promoting the development of persons belonging to minorities and ethnic group organizations. Said cooperation shall also strengthen their negotiation, administration, and management capacities.

46

Vulnerable groups 1. The Parties agree that cooperation in favor of vulnerable groups shall give priority to measures—including innovative projects and policies—that involve vulnerable groups, in order to promote human development, reduce poverty, and fight against social exclusion.

2. Cooperation shall include the protection of human rights and equal opportunities for vulnerable groups, the creation of economic opportunities for the poorest, as well as specific social policies aimed at developing human capacities through education and training, access to basic social services, social safety nets, and justice, paying special attention, among others, to persons with disabilities and their families, children, women, and older adults.

47

Gender perspective 1. The Parties agree that cooperation shall help to strengthen policies, programs, and mechanisms aimed at guaranteeing, improving, and expanding the participation and equal opportunities for men and women in all sectors of political, economic, social, and cultural life, in particular with a view to the effective implementation of the Convention on the Elimination of All Forms of Discrimination against Women. When appropriate, affirmative action measures in favor of women shall be provided for.

2. Cooperation shall promote the integration of the gender perspective in all relevant areas of cooperation, including public policies, development strategies and actions, and indicators to measure their impact.

3. Cooperation shall also help to facilitate equal access for men and women to all services and resources enabling them to fully exercise their fundamental rights, for example regarding education, health, vocational training, employment opportunities, political decision-making, governance structures, and private enterprise.

4. Special attention shall be paid to programs addressing violence against women, in particular through prevention.

48

Youth 1. Cooperation between the Parties shall support all relevant sectoral policies aimed at young people in order to prevent the reproduction of poverty and marginality. It shall include support for family and education policies, and provide employment opportunities for young people, especially in disadvantaged areas, and shall promote social and justice programs for the prevention of juvenile delinquency and reintegration into economic and social life.

2. The Parties agree to promote the active participation of young people in society, including in the development of policies that may influence their lives.

MIGRATION

TITLE IV

49

Migration 1. Cooperation shall be based on the assessment of specific needs, through mutual consultation between the Parties, and shall be implemented in accordance with the applicable European Union and national legislation. It shall focus, in particular, on:

  • a)the root causes of migration; b) the development and implementation of domestic legislation and national practices on international protection, with a view to complying with the provisions of the 1951 Geneva Convention relating to the Status of Refugees and its 1967 Protocol and other relevant international instruments, and to ensuring respect for the principle of "non-refoulement"; c) admission rules and the rights and status of persons admitted, fair treatment and integration into society of legally resident persons, education and training for legal migrants, and measures against racism and xenophobia and all applicable provisions relating to the human rights of migrants; d) the establishment of an effective policy to facilitate the transfer of remittances; e) temporary and circular migration, including the prevention of brain drain; f) the establishment of a comprehensive and effective policy on immigration, trafficking in persons and smuggling of migrants, including the question of how to combat the criminal networks and organizations of traffickers and smugglers, and how to protect and assist the victims of such trafficking in persons; as well as any other form of migration not in accordance with the legal framework of the country of destination; g) the return, under humane, safe, and dignified conditions, of persons who do not have a legal residence permit, with full respect for their human rights, and the readmission of such persons in accordance with paragraph 2; h) the exchange of good practices on migratory integration between the European Union and the Republics of the CA Party; i) support measures aimed at the sustainable reintegration of returnees.

2. Within the framework of cooperation to prevent and control immigration that contravenes the legal framework of the country of destination, the Parties also agree to readmit their nationals whose stay in the territories of the other Party contravenes their respective legal frameworks. To this end:

  • a)each Republic of the CA Party shall readmit, upon request and without any further formality, all its nationals whose stay in the territory of a Member State of the European Union contravenes the legal framework of the United Kingdom; it shall provide its nationals with appropriate identity documents and make available to them the administrative services necessary for such purposes; and b) each Member State of the European Union shall readmit, upon request and without any further formality, all its nationals whose stay in the territory of a Republic of the CA Party contravenes the legal framework of the Republic of the CA Party; it shall provide its nationals with appropriate identity documents and make available to them the administrative services necessary for such purposes.

3. In the event that the person to be readmitted does not possess any document or other proof of their nationality, the competent diplomatic and/or consular representations of the Member State of the European Union or the Republic of the CA Party, at the request of the Republic of the CA Party concerned or the Member State of the European Union involved, shall take the necessary steps to interview the person in order to determine their nationality.

4. The Parties agree to conclude, upon request and as soon as possible, an agreement on readmission governing the specific obligations of the Member States of the European Union and the Republics of the CA Party. This agreement shall also address the readmission of nationals of other countries and stateless persons.

ENVIRONMENT, NATURAL DISASTERS AND CLIMATE CHANGE

TITLE V

50

Cooperation on the environment 1. The Parties agree to cooperate to protect and improve the quality of the environment at the local, regional, and global levels in order to achieve sustainable development, as set out in the 1992 Rio Declaration on Environment and Development.

2. Taking into account the principle of common but differentiated responsibility, as well as national development priorities and strategies, the Parties shall pay due attention to the link between poverty and the environment and to the impact of economic activity on the environment, also taking into account the potential impact of this Agreement.

3. Cooperation shall address, in particular:

  • a)the protection and sustainable management of natural resources and ecosystems, including forests and fishery products; b) the fight against pollution of fresh water and seawater, air, and soil, through, among others, adequate management of waste, wastewater, chemicals, and other hazardous substances and materials; c) global issues, such as climate change, the destruction of the ozone layer, desertification, deforestation, the conservation of biodiversity, and biosafety; d) in this context, cooperation shall seek to facilitate joint initiatives in the areas of mitigation of and adaptation to the adverse effects of climate change, including the strengthening of carbon market mechanisms.

4. Cooperation may include measures such as:

  • a)promoting policy dialogue and the exchange of best environmental practices, experiences, and capacity building, including institutional strengthening; b) transferring and using sustainable clean technologies and technical knowledge (know how), including the creation of incentives and mechanisms for innovation and environmental protection; c) integrating environmental considerations into other policies, such as land-use planning (ordenamiento territorial); d) promoting sustainable production and consumption patterns, with sustainable use of ecosystems, services, and goods; e) promoting environmental awareness and education, as well as greater participation by civil society, particularly local communities, in environmental protection and sustainable development efforts; f) encouraging and promoting regional cooperation in the field of environmental protection; g) helping to implement and enforce multilateral environmental agreements to which the Parties are party; h) strengthening environmental management, as well as monitoring and control systems.
51

Management of natural disasters 1. The Parties agree that cooperation in this area shall aim to reduce the vulnerability of the Central American region to natural disasters, through supporting national efforts; the regional framework for reducing vulnerability and responding to such disasters; regional research; the dissemination of best practices and lessons learned from disaster risk reduction; preparedness, planning, monitoring, prevention, mitigation, response, and rehabilitation. Cooperation shall also support efforts to harmonize the legal framework in accordance with international standards, and the improvement of institutional coordination and government support.

2. The Parties shall promote strategies that reduce social and environmental vulnerability and strengthen the capacities of communities and local institutions for disaster risk reduction.

3. The Parties shall pay special attention to improving disaster risk reduction in all their policies, including land management (gestión territorial), rehabilitation, and reconstruction.

ECONOMIC AND COMMERCIAL DEVELOPMENT

TITLE VI

52

Cooperation and technical assistance on competition policy Technical assistance shall focus, among other things, on the development of institutional capacities and the training of human resources of the competition authorities, taking into consideration the regional dimension, to support them in strengthening and effectively enforcing competition laws in the areas of control of monopolistic practices and concentrations, including the promotion of competition.

53

Customs Cooperation and Mutual Assistance 1. The Parties shall promote and facilitate cooperation between their respective customs services to ensure that the objectives set out in Chapter 3 (Customs and Trade Facilitation) of Title II of Part IV of this Agreement are met, in particular to ensure the simplification of customs procedures and the facilitation of legitimate trade without undermining their control powers.

2. The cooperation shall give rise, among other things, to:

  • a)exchanges of information on customs legislation and procedures, in particular in the following areas:
  • i)simplification and modernisation of customs procedures; ii) facilitation of transit movements; iii) enforcement of intellectual property rights by customs authorities; iv) relations with the business community; v) free circulation of goods and regional integration; b) the development of joint initiatives in mutually agreed areas; c) the promotion of coordination among all relevant border agencies, both internally and across borders.

3. The Parties shall provide each other with mutual administrative assistance in customs matters in accordance with the provisions of Annex III of Part IV of this Agreement.

54

Cooperation and Technical Assistance in Customs and Trade Facilitation The Parties recognise the importance of technical assistance in customs and trade facilitation for implementing the measures established in Chapter 3 (Customs and Trade Facilitation) of Title II of Part IV of this Agreement. The Parties agree to cooperate, inter alia, in the following areas:

  • a)improving institutional cooperation to strengthen the regional integration process; b) providing specialised knowledge and capacity building on customs issues to the competent authorities (certification and verification of origin, among other things) and on technical issues to enforce regional customs procedures; c) the application of modern customs mechanisms and techniques, including risk assessment, binding advance rulings, simplification of procedures for the entry and release of goods, customs controls, and company audit methods; d) introduction of procedures and practices that reflect, as far as possible, the international instruments and standards applicable in the customs and trade field, including WTO rules and the instruments and standards of the World Customs Organization (hereinafter, the "WCO"), inter alia, the International Convention on the Simplification and Harmonization of Customs Procedures as amended (Revised Kyoto Convention) and the standards to Secure and Facilitate Global Trade within the WCO Framework; and e) information and automation systems for customs and other trade procedures.
55

Cooperation and Technical Assistance in Intellectual Property and Technology Transfer 1. The Parties recognise the importance of cooperation and technical assistance in intellectual property matters and agree to cooperate, among other things, in the following:

  • a)improving institutional cooperation (for example between the Intellectual Property Offices of the Republics of the CA Party), thus facilitating the exchange of information on legal frameworks relating to intellectual property rights and other relevant protection and enforcement regulations; b) fostering and facilitating the development of contacts and cooperation in the field of intellectual property, including the promotion and dissemination of information among and within business circles, civil society, consumers, and educational institutions; c) providing capacity building and training (for example, of judges, prosecutors, and customs and police officials) on the enforcement of intellectual property rights; d) cooperating in the development and improvement of electronic systems of the Intellectual Property Offices of the Republics of the CA Party; e) cooperating in the exchange of information and providing specialised knowledge and technical assistance on regional integration in the field of intellectual property rights.

2. The Parties recognise the importance of customs cooperation and, therefore, undertake to promote and facilitate cooperation with the aim of implementing border measures concerning intellectual property rights, specifically by increasing information exchange and coordination among the relevant customs administrations. The cooperation shall seek to strengthen and modernise the functioning of the customs services of the Republics of the CA Party.

3. The Parties also recognise the importance of technical assistance cooperation in technology transfer to strengthen intellectual property and agree to cooperate, inter alia, in the following activities:

  • a)the Parties shall promote technology transfer, which shall be achieved through academic, professional and/or business exchange programmes aimed at the transmission of knowledge from the United Kingdom(*) to the Republics of the CA Party; (*) (Its name thus substituted by the section of the Joint Declarations "Declaración Conjunta sobre Mutatis Mutandis" of the annex of International Treaty No. 9775 of 29 October 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Previously indicated as "Parte UE") b) the Parties recognise the importance of creating mechanisms that reinforce and promote foreign direct investment (FDI) in the Republics of the CA Party, especially in innovative and high-technology sectors. The United Kingdom(*) shall use its best endeavours to offer institutions and companies in its territories incentives designed to promote and favour technology transfer to institutions and companies of the Republics of the CA Party, in such a way as to enable these countries to establish a viable technological platform; (*) (Its name thus substituted by the section of the Joint Declarations "Declaración Conjunta sobre Mutatis Mutandis" of the annex of International Treaty No. 9775 of 29 October 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Previously indicated as "Parte UE") c) likewise, the United Kingdom(*) shall facilitate and promote programmes aimed at creating research and development activities in Central America to meet the needs of the region, such as access to medicines, infrastructure, and technological development necessary for the development of its population, among others.

(*) (Its name thus substituted by the section of the Joint Declarations "Declaración Conjunta sobre Mutatis Mutandis" of the annex of International Treaty No. 9775 of 29 October 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Previously indicated as "Parte UE")

56

Cooperation in Establishment, Trade in Services, and Electronic Commerce 1. The Parties recognise the importance of cooperation and technical assistance to facilitate the implementation of commitments and maximise the opportunities created under Title III (Establishment, Trade in Services and Electronic Commerce) of Part IV, and to fulfil the objectives of this Agreement.

2. Cooperation includes technical assistance, training, and capacity building, among other things, to:

  • a)improve the capacity of service suppliers of the Republics of the CA Party to comply with and gather information on the regulations and standards of the United Kingdom(*); (Note from Sinalevi: By means of subsection 9), sub-subsection a) of the annex of International Treaty No. 9775 of 29 October 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", it was agreed to indicate that the words "at the European Union level, and at the national and subnational level" of subsection a) above are not incorporated into this previously referenced Agreement) (*) (Its name thus substituted by the section of the Joint Declarations "Declaración Conjunta sobre Mutatis Mutandis" of the annex of International Treaty No. 9775 of 29 October 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Previously indicated as "Parte UE") b) improve the export capacity of service suppliers of the Republics of the CA Party, paying special attention to the needs of small and medium-sized enterprises; c) facilitate interaction and dialogue between service suppliers from the United Kingdom(*) and the Republics of the CA Party; (*) (Its name thus substituted by the section of the Joint Declarations "Declaración Conjunta sobre Mutatis Mutandis" of the annex of International Treaty No. 9775 of 29 October 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Previously indicated as "Parte UE") d) address qualification and standards needs in those sectors where commitments have been undertaken under this Agreement; e) promote the exchange of information and experiences and facilitate technical assistance related to the development and application of standards at a national or regional level, where applicable; f) establish mechanisms to promote investment between the United Kingdom(*) and the Republics of the CA Party, and strengthen the capacities of the investment promotion agencies in the Republics of the CA Party.

(*) (Its name thus substituted by the section of the Joint Declarations "Declaración Conjunta sobre Mutatis Mutandis" of the annex of International Treaty No. 9775 of 29 October 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Previously indicated as "Parte UE")

57

Cooperation and Technical Assistance in Technical Barriers to Trade The Parties recognise the importance of cooperation and technical assistance in the field of technical barriers to trade and agree to cooperate, inter alia, in the following areas:

  • a)providing specialised knowledge, capacity building, including the development and strengthening of relevant infrastructure, training, and technical assistance in the areas of technical regulation, standardisation, conformity assessment, accreditation, and metrology; which may include activities aimed at facilitating the understanding of and compliance with the requirements of the European Union, particularly by small and medium-sized enterprises; b) supporting the harmonisation of legislation and procedures on technical barriers to trade within Central America and facilitating the circulation of goods within the region; c) promoting the active participation of representatives of the Republics of the CA Party in the work of relevant international organisations in order to increase the use of international standards; d) exchanging information, experiences, and best practices to facilitate the application of Chapter 4 (Technical Barriers to Trade) of Title II of Part IV of this Agreement; which may include trade facilitation programmes in areas of common interest covered by Chapter 4.
58

Cooperation and Technical Assistance in Public Procurement The Parties recognise the importance of cooperation and technical assistance in public procurement and agree to cooperate as follows:

  • a)upon prior agreement of the interested Parties, improving institutional cooperation and facilitating the exchange of information on legal frameworks relating to public procurement, with the possible initiation of a dialogue mechanism; b) upon request of a Party, facilitating capacity building and training, including training for the private sector on innovative means for competitive public procurement; c) supporting outreach activities in the Republics of the CA Party related to the provisions of Title V (Public Procurement) of Part IV of this Agreement, for the public sector, the private sector, and civil society, regarding the Procurement Systems of the European Union and the opportunities that Central American suppliers could have in the European Union; d) supporting the development, establishment, and operation of a single point of access to public procurement information for the entire Central American region. This single point of access shall function as indicated in Article 212, paragraph 1, subparagraph d), Article 213, Article 215, paragraph 4, and Article 223, paragraph 2, of Title V (Public Procurement) of Part IV of this Agreement; e) improving the technological capabilities of public entities, whether at the central or regional level, or other contracting entities.
59

Cooperation and Technical Assistance in Fisheries and Aquaculture 1. The Parties recognise the importance of economic, technical, and scientific cooperation for the sustainable development of the fisheries and aquaculture sector. The objectives of such cooperation shall be, in particular:

  • a)promoting sustainable exploitation and management of fisheries; b) promoting best practices in fisheries management; c) improving data collection in order to consider the best scientific information available for the assessment and management of resources; d) strengthening the monitoring, control, and surveillance (MCS) system; e) combating illegal, unreported, and unregulated (IUU) fishing activities.

2. This cooperation may consist, among other things, of:

  • a)providing specialised technical knowledge, support, and capacity building for the sustainable management of fishery resources, including the development of alternative fisheries; b) exchanging information, experience, and capacity building for the sustainable social and economic development of the fisheries and aquaculture sector; special attention shall be paid to the responsible development of artisanal and small-scale fisheries and aquaculture, as well as to the diversification of their products and activities, including in areas such as the processing industry; c) supporting institutional cooperation and facilitating the exchange of information on legal frameworks on fisheries and aquaculture, including all relevant international instruments; d) strengthening cooperation within the framework of international organisations and with national and regional fisheries management organisations that provide technical assistance, such as workshops and studies, in order to ensure a better understanding of the added value of international legal instruments for achieving adequate management of marine resources.
60

Cooperation and Technical Assistance in Artisanal Goods The Parties recognise the importance of cooperation programmes that promote actions to help artisanal goods manufactured in the Republics of the CA Party benefit from this Agreement. More specifically, cooperation could focus on the following areas:

  • a)capacity building to facilitate market access opportunities for Central American artisanal goods; b) capacity building of Central American entities responsible for export promotion, in particular by supporting micro, small, and medium-sized enterprises (hereinafter, "MSMEs") in urban and rural sectors that are necessary to manufacture and export artisanal goods, including in relation to customs procedures and technical requirements established in the European Union market; c) the promotion of the preservation of these cultural products; d) support for the development of infrastructure necessary to help MSMEs dedicated to the manufacture of artisanal goods; e) capacity building to improve the business performance of producers of artisanal goods, through training programmes.
61

Cooperation and Technical Assistance in Organic Products The Parties recognise the importance of cooperation programmes to enhance the benefits that organic products produced in the Republics of the CA Party could obtain from this Agreement. More specifically, cooperation may focus, inter alia, on the following areas:

  • a)capacity building to facilitate market access opportunities for Central American organic products; b) capacity building of Central American entities responsible for export promotion, in particular by helping MSMEs in urban and rural sectors that are necessary to produce and export organic products, including in relation to customs procedures, technical regulations, and quality standards required in the European Union market; c) support for the development of infrastructure necessary to support MSMEs dedicated to the production of organic products; d) capacity building to improve the business performance of producers of organic products, through training programmes; e) cooperation on the development of distribution networks in the European Union market.
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Cooperation and Technical Assistance in Food Safety, Sanitary and Phytosanitary Measures, and Animal Welfare Issues 1. Cooperation in this area shall be oriented towards the objective of strengthening the capacities of the Parties on sanitary and phytosanitary issues and animal welfare, in order to improve market access to the other Party, while safeguarding the level of protection for humans, animals, and plants, as well as animal welfare.

2. Among other things, it may consist of:

  • a)assisting in the harmonisation of legislation and procedures on sanitary and phytosanitary measures within Central America and facilitating the circulation of goods within the region; b) providing specialised knowledge on legislative and technical capacity to develop and enforce legislation, as well as to develop sanitary and phytosanitary control systems (including eradication programmes, food safety systems, and alert notification), and animal welfare; c) supporting the development and strengthening of institutional and administrative capacities in Central America, both at the regional and national level, in order to improve their sanitary and phytosanitary situation; d) developing capacities in each of the Republics of the CA Party to comply with sanitary and phytosanitary requirements in order to improve market access to the other Party, while safeguarding the level of protection; e) providing advice and technical assistance on the sanitary and phytosanitary regulatory system of the European Union and on the application of the standards required by the European Union market.

3. The Subcommittee on Sanitary and Phytosanitary Affairs established in Chapter 5 (Sanitary and Phytosanitary Measures) of Title II (Trade in Goods) of Part IV of this Agreement, shall propose cooperation needs to establish a work programme.

4. The Association Committee shall follow up on the progress of cooperation established under this Article and shall present the results of this exercise to the Subcommittee on Sanitary and Phytosanitary Affairs.

63

Cooperation and Technical Assistance in Trade and Sustainable Development 1. The Parties recognise the importance of cooperation and technical assistance in the trade and labour, and trade and environment areas to achieve the objectives of Title VIII (Trade and Sustainable Development) of Part IV of this Agreement.

2. To complement the activities established in Title III (Social Development and Social Cohesion) and Title V (Environment, Natural Disasters, and Climate Change) of Part III of this Agreement, the Parties agree to cooperate, including through support for technical assistance, training, and capacity building actions, inter alia in the following areas:

  • a)supporting the development of incentives to encourage environmental protection and decent working conditions, especially through the promotion of legal and sustainable trade, for example through fair and ethical trade schemes, including those involving corporate social responsibility and accountability, as well as those related to labelling and marketing initiatives; b) promoting trade-related cooperation mechanisms as agreed by the Parties to help implement the current and future international climate change regime; c) promoting trade in products derived from the sustainable management of natural resources, including through effective measures regarding wildlife, fisheries, and the certification of legally and sustainably produced timber. Particular attention shall be paid to voluntary and flexible marketing mechanisms and initiatives, aimed at promoting environmentally sustainable production systems; d) strengthening institutional frameworks, the development and implementation of policies and programmes related to the implementation and application of multilateral environmental agreements and environmental legislation, agreed by the Parties, and the development of measures to combat illegal trade with environmental relevance, including through enforcement activities and customs cooperation; e) strengthening institutional frameworks, development and implementation of policies and programmes related to the Fundamental Principles and Rights at Work (freedom of association and collective bargaining, forced labour, child labour, and non-discrimination in employment), as well as the implementation and application of the conventions of the International Labour Organization (hereinafter, the "ILO") and labour legislation, agreed by the Parties; f) facilitating the exchange of views on the development of methodologies and indicators for sustainability review and supporting initiatives to jointly review, monitor, and evaluate the contribution of Part IV of this Agreement to sustainable development; g) strengthening institutional capacity on trade and sustainable development issues and supporting the organisation and facilitation of the dialogue frameworks with civil society agreed on these matters.
64

Industrial Cooperation 1. The Parties agree that industrial cooperation shall promote the modernisation and restructuring of Central American industry and specific sectors, as well as industrial cooperation between economic operators, in order to strengthen the private sector under conditions that promote environmental protection.

2. The industrial cooperation initiatives shall reflect the priorities set by the Parties. They shall take into account the regional aspects of industrial development, promoting transnational partnerships where appropriate. The initiatives shall aim, in particular, to create an appropriate framework to improve management-related technical knowledge and promote transparency regarding the markets and the conditions in which companies carry out their activities.

65

Energy (Including Renewable Energies) 1. The Parties agree that their joint objective shall be to stimulate cooperation in the field of energy, in particular clean and renewable energy sources, energy efficiency, energy-saving technology, rural electrification, and the regional integration of energy markets, among other areas identified by the Parties, and in accordance with domestic legislation.

2. Cooperation may include, among other things:

  • a)the formulation and planning of energy policy, including interconnected infrastructure of regional importance, the improvement and diversification of the energy supply, and the improvement of energy markets, including facilitating transit, transmission, and distribution in the Republics of the CA Party; b) management and training for the energy sector and the transfer of technology and technical knowledge, including ongoing work on standards relating to emission-generating energies and energy efficiency; c) the promotion of energy saving, energy efficiency, renewable energies, and the study of the environmental impact of energy production and consumption, in particular its effects on biodiversity, reforestation, and changes in land use.
  • d)the promotion of the application of clean development mechanisms, in support of initiatives on climate change and its variability.
66

Cooperation in the field of mining The Parties agree to cooperate in the field of mining, taking into account their respective internal laws and procedures, as well as aspects of sustainable development, including the protection and conservation of the environment, through initiatives such as promoting the exchange of information, experts, experience, development, and technology transfer.

67

Fair and sustainable tourism 1. The Parties recognize the importance of the tourism sector for reducing poverty through the social and economic development of local communities and the great economic potential of the United Kingdom and the Republics of the CA Party for business development in this area.

2. To this end, they agree to promote fair and sustainable tourism, in particular to support:

  • a)the development of policies aimed at optimizing the socio-economic benefits of tourism; b) the creation and consolidation of tourism products, through the provision of non-financial services, training, technical assistance, and the provision of services; c) the integration of environmental, cultural, and social considerations into the development of the tourism sector, including both the protection and the promotion of cultural heritage and natural resources; d) the participation of local communities in the tourism development process, in particular rural and community tourism, and eco-tourism; e) marketing and promotion strategies, the development of institutional capacity and human resources, and the promotion of international standards; f) the promotion of cooperation and partnership between the public sector and the private sector; g) the development of management plans for national and regional tourism development; h) the promotion of information technologies in the field of tourism.
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Cooperation in the field of transport 1. The Parties agree that cooperation in this field shall focus on the restructuring and modernisation of transport and related infrastructure systems, including border posts; on facilitating and improving the movement of persons and goods; and on providing better access to urban, air, maritime, waterway, railway, and road transport markets, by improving the management of transport from an operational and administrative point of view, and by promoting high operating standards.

2. Cooperation may consist of, among other things:

  • a)exchanges of information on the Parties' policies, especially in the field of urban transport and the interconnection and interoperability of multimodal transport networks and other matters of mutual interest; b) the management of waterways, roads, railways, ports, and airports, including appropriate collaboration between the relevant authorities; c) projects in the field of satellite navigation systems and urban public transport; d) the improvement of safety and pollution prevention standards, including cooperation in the appropriate international fora to improve the observance of international standards; e) activities that promote the development of aeronautical and maritime transport.
69

Good governance in the tax area In accordance with their respective competences, the Parties shall enhance international cooperation in the tax area to facilitate the collection of legitimate tax revenues and to develop measures for the effective application of the internationally agreed principles of good governance in the tax area, as mentioned in Article 22, Part II, of this Agreement.

70

Micro-enterprises and small and medium-sized enterprises The Parties agree to promote the competitiveness and integration into international markets of rural and urban MSMEs and their representative organisations, recognising their contribution to social cohesion through poverty reduction and job creation, the provision of non-financial services, training, and technical assistance, by carrying out, among others, the following cooperation actions:

  • a)technical assistance and other business development services (BDS); b) strengthening of local and regional institutional frameworks to create and operate MSMEs; c) support for MSMEs to enable them to participate in goods and services markets at a local and international level, through participation in fairs, trade missions, and other promotion mechanisms; d) promotion of productive linkage processes; e) promotion of the exchange of experiences and best practices; f) encouragement of joint investments, alliances, and business networks; g) identification and reduction of obstacles faced by MSMEs in accessing sources of financing, and creation of new financing mechanisms; h) promotion of the transfer of both technology and knowledge; i) support for innovation, as well as research and development; j) support for the use of quality management systems.
71

Cooperation in the field of micro-credits and micro-financing The Parties agree that, in order to reduce income inequality, micro-financing, including micro-credit programmes, generates self-employment and has proven to be an effective tool to help overcome poverty and reduce vulnerability to economic crises, and brings with it greater participation in the economy. Cooperation shall address the following issues:

  • a)the exchange of experiences and specialised knowledge in the areas of ethical banking, community-focused associative and self-managed banking, and the strengthening of sustainable micro-financing programmes, including certification, monitoring, and validation programmes; b) access to micro-credit, facilitating access to financial services provided by banks and financial institutions through incentives and risk management programmes; c) the exchange of experiences on alternative policies and legislation that promote the creation of ethical and people's banking.

REGIONAL INTEGRATION

TITLE VII

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Cooperation in the field of regional integration 1. The Parties agree that cooperation in this field shall strengthen the process of regional integration in Central America in all its aspects, in particular the development and implementation of its common market, with the objective of progressively achieving an Economic Union.

2. Cooperation shall support activities related to the Central American integration process, in particular the development and strengthening of common institutions to make them more efficient, auditable, and transparent, as well as their inter-institutional relations.

3. Cooperation shall strengthen the participation of civil society in the integration process within the conditions established by the Parties and shall include support for consultation mechanisms and awareness-raising campaigns.

4. Cooperation shall promote the development of common policies and the harmonisation of legal frameworks insofar as they are covered by Central American integration instruments, including economic policies such as trade, customs, agriculture, energy, transport, communications, competition, as well as the coordination of macroeconomic policies in areas such as monetary policy, fiscal policy, and public finances.

Cooperation may also promote the coordination of sectoral policies in areas such as consumer protection, the environment, social cohesion, security, the prevention of and response to natural risks and disasters. Special attention shall be paid to the gender perspective.

5. Cooperation may promote investment in common infrastructure and networks, in particular at the borders of the Republics of the CA Party.

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Regional cooperation The Parties agree to use all existing cooperation instruments to promote activities aimed at developing active cooperation between the United Kingdom and the Republics of the CA Party, without prejudice to cooperation among them, between the Republics of the CA Party and other countries and/or regions of Latin America and the Caribbean in all areas of cooperation covered by this Agreement. Efforts shall be made to ensure that regional and bilateral cooperation activities are complementary.

CULTURE AND AUDIOVISUAL COOPERATION

TITLE VIII

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Culture and audiovisual cooperation 1. The Parties undertake to promote cultural cooperation to strengthen mutual understanding and foster balanced cultural exchanges, as well as the circulation of cultural activities, goods, and services, and of artists and cultural professionals, including other civil society organisations from the United Kingdom and the Republics of the CA Party, in accordance with their respective legislation.

2. The Parties shall foster intercultural dialogue among people, cultural institutions, and organisations representing civil society from the United Kingdom and the Republics of the CA Party.

3. The Parties shall foster coordination in the context of UNESCO in order to promote cultural diversity, including through consultations on the ratification and implementation of the Convention on the Protection and Promotion of the Diversity of Cultural Expressions by the United Kingdom and the Republics of the CA Party. Cooperation shall also include the promotion of cultural diversity, including that of indigenous peoples and the cultural practices of other specific groups, as well as education in indigenous languages.

4. The Parties agree to promote cooperation in the audiovisual and media sectors, including radio and the press, through joint training initiatives as well as audiovisual development, production, and distribution activities, including in the educational and cultural field.

5. Cooperation shall take place in accordance with the relevant national provisions and applicable international agreements on copyright.

6. Cooperation in this field shall also include, among other things, the protection and promotion of natural and cultural heritage (tangible and intangible), including the prevention of and fight against the illicit trafficking of cultural heritage, in accordance with the relevant international instruments.

7. A Protocol on Cultural Cooperation of relevance to this title is annexed to this Agreement.

KNOWLEDGE SOCIETY

TITLE IX

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Information society 1. The Parties agree that information and communication technologies are key sectors in a modern society and are vital for economic and social development and for a smooth transition towards the information society. Cooperation in this field shall help to establish a solid regulatory and technological framework, foster the development of these technologies and develop policies that will help reduce the digital divide and develop human capacities, provide equitable and inclusive access to information technologies, and make the most of the use of these technologies to deliver services. In this regard, cooperation shall also support the implementation of these policies and help improve the interoperability of electronic communications services.

2. Cooperation in this field shall also be aimed at promoting:

  • a)dialogue and the exchange of experiences on regulatory and policy issues related to the information society, including the use of information and communication technologies such as digital government, e-learning, and online health, as well as policies aimed at reducing the digital divide; b) the exchange of experiences and best practices regarding the development and implementation of digital government applications; c) dialogue and the exchange of experiences on the development of e-commerce, as well as digital signatures and teleworking; d) the exchange of information on standards, conformity assessment, and type-approval; e) joint research and development projects in information and communication technologies; f) the development of the use of the Advanced Academic Network, that is, the search for long-term solutions that guarantee that REDClara is self-sustainable.
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Scientific and technological cooperation 1. Cooperation in this field shall aim to develop scientific, technological, and innovation capacities covering all activities falling within the research framework programmes. To this end, the Parties shall foster policy dialogue at a regional level, the exchange of information, and the participation of their research and technological development bodies in the following scientific and technological cooperation activities, in accordance with their internal rules:

(Nota de Sinalevi: Through subsection 10) subparagraph i) of the annex to International Treaty No. 9775 of 29 October 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", it was agreed to indicate that the words "covering all activities falling within the research framework programmes"; of the preceding paragraph are not incorporated into this aforementioned Agreement) a) joint initiatives to raise awareness of capacity-building programmes in science and technology, as well as European research, technological development, and demonstration programmes; (Nota de Sinalevi: Through subsection 10) subparagraph ii) of the annex to International Treaty No. 9775 of 29 October 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", it was agreed to indicate that the words "as well as European research, technological development, and demonstration programmes"; of the preceding subparagraph a) are not incorporated into this aforementioned Agreement) b) initiatives to promote participation in the framework programmes and other relevant programmes of the European Union; (Nota de Sinalevi: Through subsection 10) subparagraph iii) of the annex to International Treaty No. 9775 of 29 October 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", it was agreed to indicate that the preceding subparagraph is not incorporated into this aforementioned Agreement) c) joint research actions in areas of common interest; d) joint scientific meetings to foster the exchange of information and identify areas of joint research; e) the promotion of advanced studies in science and technology that contribute to the long-term sustainable development of the Parties; f) the development of links between the public sector and the private sector; special emphasis shall be placed on transposing scientific and technological results into national productive systems and social policies, and environmental aspects and the need to use cleaner technologies shall be taken into account; g) the evaluation of scientific cooperation and the dissemination of results; h) the promotion, dissemination, and transfer of technology; i) assistance to establish National Innovation Systems (NIS), to develop technology and innovation, in order to provide adequate responses to demand-driven by small and medium-sized enterprises and to promote, among other things, local production; and, furthermore, assistance to develop centres of excellence and high-technology clusters; j) the promotion of training, research, development, and applications of nuclear science and technology for medical applications enabling the transfer of technology to the Republics of the CA Party in areas such as health, in particular radiology and nuclear medicine for radiodiagnosis and radiotherapy treatment, and areas established by mutual agreement by the Parties, in accordance with current international conventions and standards, and in accordance with the jurisdiction of the International Atomic Energy Agency.

2. Special importance shall be given to the development of human potential as a lasting basis for scientific and technological excellence, and to the creation of sustainable links between the scientific and technological communities of the Parties, both at a national and regional level. To this end, exchanges of researchers and best practices in research projects shall be promoted.

3. Research centres, higher education institutions, and other interested parties, including MSMEs, established in the Parties, shall participate in this cooperation as appropriate.

4. The Parties agree to use all mechanisms to increase the quantity and quality of highly qualified human resources, through, among other things, joint training and research, scholarships, and exchanges.

5. The Parties shall promote the participation of their respective entities in the scientific and technological programmes of the other Parties, in order to achieve mutually beneficial scientific excellence and in accordance with their respective provisions governing the participation of legal entities from third countries.

PART IV TRADE

INITIAL PROVISIONS

TITLE I

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Establishment of a free trade area and relationship with the WTO Agreement 1. The Parties to this Agreement, pursuant to Article XXIV of the General Agreement on Tariffs and Trade 1994 (hereinafter, the "GATT 1994") and Article V of the General Agreement on Trade in Services (hereinafter, "the GATS"), establish a free trade area.

2. The Parties reaffirm their existing rights and obligations1 with respect to the other Party under the WTO Agreement.

1 The term "existing" implies that the paragraph applies exclusively to any existing provision of the WTO Agreement and not to any modification or provision agreed after the conclusion of this Agreement.

78

Objectives The objectives of Part IV of this Agreement are:

  • a)the expansion and diversification of trade in goods between the Parties, through the reduction or elimination of tariff and non-tariff barriers to trade; b) the facilitation of trade in goods, in particular through the agreed provisions relating to customs and trade facilitation, standards, technical regulations and conformity assessment procedures, as well as sanitary and phytosanitary measures; c) the liberalisation of trade in services, in accordance with Article V of the GATS; d) the promotion of regional economic integration in the area of customs procedures, technical regulations and sanitary and phytosanitary measures to facilitate the movement of goods between and within the Parties; e) the development of a climate conducive to increasing investment flows, improving the conditions of establishment between the Parties based on the principle of non-discrimination, and facilitating trade and investment between the Parties through current payments and capital movements related to direct investment; f) the effective, reciprocal, and gradual opening of the government procurement markets of the Parties; g) the adequate and effective protection of intellectual property rights, in accordance with existing international obligations between the Parties, to ensure a balance between the rights of the right holders and the public interest, taking into account the differences between the Parties, and the promotion of technology transfer between the United Kingdom and the Republics of the CA Party; h) the promotion of free and undistorted competition in the economic and commercial relations between the Parties; i) the establishment of an efficient, fair, and predictable dispute settlement mechanism; and j) the promotion of international trade and investment between the Parties in a manner that contributes to the objective of sustainable development through collaborative joint work.
79

Definitions of general application Unless otherwise provided, for the purposes of Part IV of this Agreement, the following terms shall have the meaning set out below:

- "Central America", the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama; - "customs duty", includes any duty or charge of any kind imposed on or in connection with the importation of a good, including any form of surtax or surcharge imposed on or in connection with such importation. A "customs duty" does not include:

  • a)charge equivalent to an internal tax established in accordance with Article 85 of Chapter 1 (National treatment and market access for goods) of Title II; b) duty established in accordance with the domestic law of a Party and consistent with Chapter 2 (Trade defence) of Title II; c) duties or other charges established in accordance with the domestic law of a Party and consistent with Article 87 of Chapter 1 of Title II; - "days", calendar days, including weekends and holidays, unless otherwise provided in this Agreement; - "Harmonized System" or "HS", the Harmonized Commodity Description and Coding System, including its General Rules of Interpretation and its Section and Chapter Notes, as adopted and applied by the Parties in their respective tariff laws; - "legal person (persona jurídica)", any legal entity duly constituted or otherwise organized under applicable law, whether for profit or not, and whether privately or publicly owned, including any corporation, trust, partnership, joint venture, sole proprietorship, or association; - "measure (medida)", any act or omission, including laws, regulations, procedures, requirements, or practices; - "national (nacional)", any natural person who has the nationality of one of the Member States of the European Union or of a Republic of the CA Party in accordance with its respective legislation; - "person (persona)", any natural person or legal person; - "preferential tariff treatment (trato arancelario preferencial)", the rate of customs duty applicable in accordance with this Agreement to an originating good.

TRADE IN GOODS

NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS

GENERAL PROVISIONS

TITLE II

CHAPTER 1

SECTION A

80

Objective The Parties shall progressively liberalize trade in goods in accordance with the provisions of this Agreement and in conformity with Article XXIV of the GATT 1994.

81

Scope of Application Unless otherwise provided, the provisions of this Chapter shall apply to trade in goods between the Parties.

ELIMINATION OF CUSTOMS DUTIES

SECTION B

82

Classification of Goods The classification of goods traded between the Parties shall be that established in each Party's respective tariff nomenclature in conformity with the Harmonized System.

83

Elimination of Customs Duties 1. Each Party shall eliminate customs duties on goods originating in the other Party in accordance with the schedules set out in Anexo 1 (Elimination of Customs Duties). For the purposes of this Chapter, "originating" means complying with the rules of origin set out in Anexo 2 (Concerning the Definition of the Concept of "Originating Products" and Methods of Administrative Cooperation)2.

2 For the purposes of this Agreement, unless otherwise indicated, the terms "good" and "product" shall be considered equivalent.

2. For each good, the base rate of customs duties to which successive reductions are to be applied under paragraph 1 shall be that specified in the schedules.

3. If, at any time, a Party reduces its applied most-favored-nation customs duty rate after the date on which Part IV of the EU-Central America Agreement has been applied, that tariff rate shall apply provided it is lower than the customs duty rate calculated in accordance with that Party's schedule.

(Thus amended the preceding paragraph by section 11, subsection i) of the annex of International Treaty, No. 9775 of October 29, 2019, "Agreement Establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations, and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama on Paragraph 8 of the Annex to the Agreement Establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019") 4. Five years after the entry into force of this Agreement, at the request of any Party, the Parties shall consult on the possibility of accelerating and broadening the scope of the elimination of customs duties on imports between the Parties. An agreement adopted by the Parties to accelerate or broaden the pace of elimination or to eliminate a customs duty applied on a good shall supersede any tariff rate or staging category determined in accordance with their schedules for that good.

84

Standstill No Party shall increase an existing customs duty or adopt a new customs duty on a good originating in the other Party3. This shall not prevent any Party from:

3 In the case of goods not benefiting from preferential tariff treatment, "customs duty" is understood as the "base rate" indicated in each Party's schedule.

  • a)raising a customs duty to the level established in its schedule after a unilateral reduction; b) maintaining or raising a customs duty authorized by the WTO Dispute Settlement Body; or c) raising the base rates for excluded goods in order to achieve a common external tariff.

NON-TARIFF MEASURES

SECTION C

85

National Treatment Each Party shall accord national treatment to the goods of the other Party in accordance with Article III of the GATT 1994, including its interpretative notes. To this end, Article III of the GATT 1994 and its interpretative notes are incorporated into and made an integral part of this Agreement4.

4 The Parties recognize that Article 158 of Chapter 6 (Exceptions Relating to Goods) of Title II also applies to this Article.

86

Import and Export Restrictions No 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, unless otherwise provided in this Agreement or in accordance with Article XI of the GATT 1994 and its interpretative notes. To this end, Article XI of the GATT 1994 and its interpretative notes are incorporated into and made an integral part of this Agreement5.

5 The Parties recognize that Article 158 of Chapter 6 (Exceptions Relating to Goods) of Title II also applies to this Article.

87

Fees and Other Charges on Imports and Exports Each Party shall ensure, in accordance with Article VIII.1 of the GATT 1994 and its interpretative notes, that all fees and charges of any kind (other than customs duties, charges equivalent to an internal tax or other internal charges applied in accordance with Article 85 of this Chapter, and anti-dumping and countervailing duties applied in accordance with a Party's domestic legislation and in conformity with Chapter 2 (Trade Defense) of this Title) on or in connection with importation or exportation are limited to the approximate cost of services rendered and do not represent an indirect protection to domestic goods or a taxation of imports or exports for fiscal purposes.

88

Unless otherwise provided in this Agreement, no Party shall maintain or adopt any duty or tax on, or in connection with, the exportation of goods to the other Party.

AGRICULTURE

SECTION D

89

Agricultural Export Subsidies 1. For the purposes of this Article, "export subsidies (subvenciones a la exportación)" shall have the same meaning as in Article 1(e) of the WTO Agreement on Agriculture (hereinafter the "Agreement on Agriculture"), including any amendment to that Article.

2. The Parties share the objective of working together in the WTO to ensure the parallel elimination of all forms of export subsidy and the establishment of disciplines on all export measures with equivalent effect. To this end, export measures with equivalent effect shall include export credits, export credit guarantees or insurance programs, exporting state trading enterprises, and food aid.

3. No Party shall maintain, introduce, or reintroduce export subsidies on agricultural goods destined for the territory of the other Party which are:

  • a)fully and immediately liberalized in accordance with Anexo 1 (Elimination of Customs Duties); or b) fully but not immediately liberalized and benefiting from a duty-free quota at the entry into force of this Agreement in accordance with Anexo 1 (Elimination of Customs Duties); or c) subject to preferential tariff treatment as provided for in this Agreement for products classified under headings 0402 and 0406 and benefiting from a duty-free quota.

4. In the cases described in paragraph 3(a) to (c), if a Party maintains, introduces, or reintroduces export subsidies, the affected/importing Party may apply an additional duty that increases the customs duties on imports of such goods up to the lesser of the applied Most-Favored-Nation (MFN) duty rate and the base rate set out in Anexo 1 (Elimination of Customs Duties) for the period established for maintaining the export subsidy.

5. Regarding products fully liberalized at the end of a transitional period in accordance with Anexo 1 (Elimination of Customs Duties) which do not benefit from a duty-free quota upon entry into force, no Party shall maintain, introduce, or reintroduce export subsidies at the end of such transitional period.

FISHERIES, AQUACULTURE, ARTISANAL GOODS, AND ORGANIC PRODUCTS

SECTION E

90

Technical Cooperation Articles 59, 60, and 61 of Title VI (Economic and Trade Development) of Part III of this Agreement establish cooperation measures for technical assistance to improve trade between the Parties in fishery, aquaculture, artisanal, and organic products.

INSTITUTIONAL PROVISIONS

SECTION F

91

Subcommittee on Market Access for Goods 1. The Parties hereby establish a Subcommittee on Market Access for Goods in accordance with Article 348 and as set out in Anexo XXI (Subcommittees).

2. The functions of the Subcommittee shall include:

  • a)monitoring the correct implementation and administration of this Chapter; b) serving as a forum for consultations concerning the interpretation and application of this Chapter; c) examining proposals submitted by the Parties regarding the acceleration of tariff elimination and the inclusion of goods in the schedules; d) making relevant recommendations to the Association Committee on matters within its competence; and e) any other matter instructed by the Association Committee.

TRADE DEFENSE

ANTI-DUMPING AND COUNTERVAILING MEASURES

CHAPTER 2

SECTION A

92

General Provisions 1. The Parties retain their rights and obligations under the WTO Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (hereinafter the "Anti-Dumping Agreement"), the WTO Agreement on Subsidies and Countervailing Measures (hereinafter the "SCM Agreement"), and the WTO Agreement on Rules of Origin (hereinafter the "Agreement on Rules of Origin").

2. Where anti-dumping or countervailing measures can be imposed at both the regional and national levels, the Parties shall ensure that the regional and national authorities do not apply such anti-dumping or countervailing measures simultaneously on the same product.

93

Transparency and Legal Certainty 1. The Parties agree that trade defense measures shall be used in full compliance with WTO requirements and shall be based on a fair and transparent system.

2. Recognizing the benefits of legal certainty and predictability for economic operators, the Parties shall ensure that, where appropriate, their respective national legislation on anti-dumping and countervailing measures is and remains harmonized and fully compatible with WTO legislation.

3. Notwithstanding Article 6.9 of the Anti-Dumping Agreement and Article 12.8 of the SCM Agreement, it is desirable that the Parties ensure, immediately after the imposition of any provisional measure, full and meaningful disclosure of all essential facts and considerations forming the basis for the decision to apply measures, without prejudice to Article 6.5 of the Anti-Dumping Agreement and Article 12.4 of the SCM Agreement. Disclosures shall be made in writing and provided to interested parties in sufficient time to defend their interests.

4. Upon request by interested parties, the Parties shall grant them the opportunity to be heard in order to express their views during investigations on anti-dumping or countervailing measures. This shall not unnecessarily delay the conduct of the investigations.

94

Consideration of Public Interest A Party may choose not to apply anti-dumping or countervailing measures if, on the basis of the information available during the investigation, it can clearly be concluded that the application of such measures is detrimental to the public interest.

95

Lesser Duty Rule Where a Party decides to impose an anti-dumping or countervailing duty, the amount of such duty shall not exceed the margin of dumping or the countervailable subsidies, but it is desirable that the duty be less than that margin if such lesser duty is adequate to remove the injury to the domestic industry.

96

Causal Link In order to impose anti-dumping or countervailing measures, and in accordance with Article 3.5 of the Anti-Dumping Agreement and Article 15.5 of the SCM Agreement, the investigating authorities shall separate and distinguish, as part of demonstrating a causal relationship between the dumped imports and the injury to the domestic industry, the injurious effects of all known factors from the injurious effects of the dumped or subsidized imports.

97

Cumulative Assessment When imports from more than one country are simultaneously subject to anti-dumping or countervailing duty investigations, the investigating authority of the United Kingdom(*) shall examine with special care whether the cumulative assessment of the effects of imports from any Republic of the CA Party is appropriate in light of the conditions of competition between the imported products and the conditions of competition between the imported products and the like domestic product.

(*) (Thus substituted its denomination by the section of the Joint Declarations "Declaración Conjunta sobre Mutatis Mutandis" of the annex of International Treaty, No. 9775 of October 29, 2019, "Agreement Establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations, and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama on Paragraph 8 of the Annex to the Agreement Establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019". Previously referred to as "Parte UE")

98

Exclusion from Dispute Settlement Procedures The Parties shall not have recourse to the dispute settlement procedure under Title X (Dispute Settlement) of Part IV of this Agreement for matters arising under this Section.

SAFEGUARD MEASURES SUBSECTION B.1 GENERAL PROVISIONS

SECTION B

99

Administration of Safeguard Procedures 1. Each Party shall ensure that its laws, regulations, decisions, and rulings governing proceedings for the application of safeguard measures are administered in a consistent, impartial, and reasonable manner.

2. Each Party shall entrust the determination of serious injury, or threat thereof, in safeguard proceedings under this Section to a competent investigating authority. Such determination shall be subject to review by judicial or administrative tribunals, to the extent provided for in domestic legislation.

3. Each Party shall adopt or maintain equitable, timely, transparent, and effective procedures for safeguard proceedings under this Section.

100

Non-Accumulation No Party may apply, with respect to the same product and simultaneously:

  • a)a bilateral safeguard measure in accordance with Subsection B.3 (Bilateral Safeguard Measures) of this Chapter; and b) a measure under Article XIX of the GATT 1994, the WTO Agreement on Safeguards (hereinafter the "Agreement on Safeguards"), or Article 5 of the Agreement on Agriculture.

SUBSECTION B.2 MULTILATERAL SAFEGUARD MEASURES

101

General Provisions The Parties retain their rights and obligations in accordance with Article XIX of the GATT 1994, the Agreement on Safeguards, Article 5 of the Agreement on Agriculture, and the Agreement on Rules of Origin.

102

Transparency Notwithstanding Article 101, at the request of the other Party, the Party initiating an investigation or intending to adopt safeguard measures shall provide immediately an ad hoc written notification with all pertinent information, including, where applicable, on the initiation of a safeguard investigation, on the provisional findings, and on the final findings of the investigation.

103

Exclusion from Dispute Settlement Procedures The Parties shall not have recourse to the dispute settlement procedure in accordance with Title X (Dispute Settlement) of Part IV of this Agreement for the provisions relating to rights and obligations under the WTO framework arising from this Subsection.

SUBSECTION B.3 BILATERAL SAFEGUARD MEASURES

104

Application of a Bilateral Safeguard Measure 1. Notwithstanding Subsection B.2 (Multilateral Safeguard Measures), if, as a consequence of the reduction or elimination of a customs duty under this Agreement, a product originating in a Party is 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 constitute a substantial cause of serious injury or threat thereof to domestic producers of like or directly competitive products, the importing Party may adopt appropriate measures in accordance with the conditions and procedures laid down in this Subsection.

2. If the conditions of paragraph 1 are met, the safeguard measures of the importing Party may consist only of one of the following:

  • a)suspension of the future reduction of the customs duty rate applicable to the product concerned as established in accordance with this Agreement; or b) an increase in the customs duty rate on the product concerned to a level not exceeding the lesser of:
  • i)the most-favored-nation applied customs duty rate on the product at the time the measure is taken; or ii) the most-favored-nation applied customs duty rate on the product on the day immediately preceding the date on which Part IV of the EU-Central America Agreement has been applied.

(Thus amended the preceding paragraph by section 11, subsection i) of the annex of International Treaty, No. 9775 of October 29, 2019, "Agreement Establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations, and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama on Paragraph 8 of the Annex to the Agreement Establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019") 3. For products that were already fully liberalized before the date on which Part IV of the EU-Central America Agreement has been applied as a result of tariff preferences granted before the date on which Part IV of the EU-Central America Agreement has been applied, the United Kingdom(*) shall examine with special care whether the increase in imports results from the reduction or elimination of customs duties under this Agreement.

(Thus amended the preceding paragraph by section 11, subsection ii) of the annex of International Treaty, No. 9775 of October 29, 2019, "Agreement Establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations, and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama on Paragraph 8 of the Annex to the Agreement Establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019") (*) (Thus substituted its denomination by the section of the Joint Declarations "Declaración Conjunta sobre Mutatis Mutandis" of the annex of International Treaty, No. 9775 of October 29, 2019, "Agreement Establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations, and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama on Paragraph 8 of the Annex to the Agreement Establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019". Previously referred to as "Parte UE") 4. None of the above measures shall be applied within the limits of the duty-free tariff quotas granted under this Agreement.

105

Conditions and Limitations 1. No bilateral safeguard measure may be applied:

  • a)except to the extent and for such time as may be necessary to prevent or remedy the situation described in Articles 104 or 109; b) for a period exceeding two years; the period may be extended for another two years if the competent authorities of the importing Party determine, in accordance with the procedures specified in this Subsection, that the measure continues to be necessary to prevent or remedy the situations described in Articles 104 or 109, provided that the total period of application of a safeguard measure, including the initial application period and any extension thereof, does not exceed four years; or c) beyond the expiration of the transition period, except with the consent of the other Party; "transition period (periodo de transición)" means ten years from the date of entry into force of this Agreement; for any good for which the schedule set out in Anexo 1 (Elimination of Customs Duties) of the Party applying the measure provides for tariff elimination of ten or more years, "transition period" means the tariff elimination period for the goods listed in that schedule, plus three years.

2. When a Party ceases to apply a bilateral safeguard measure, the customs duty rate shall be that which would have been in effect for the good according to that Party's schedule.

106

Provisional Measures In critical circumstances where delay would cause damage difficult to repair, a Party may apply a bilateral safeguard measure provisionally, without complying with the requirements of Article 116(1) of this Chapter, where a preliminary determination has been made that there is clear evidence that imports of a product originating in the other Party have increased as a result of the reduction or elimination of a customs duty under this Agreement, and that such imports cause or threaten to cause the situations described in Articles 104 or 109. The duration of any provisional measure shall not exceed two hundred days, during which time the Party shall comply with the relevant procedural rules set out in Subsection B.4 (Procedural Rules Applicable to Bilateral Safeguard Measures). The Party shall promptly refund any increase in duties if the investigation described in Subsection B.4 does not conclude that the requirements of Article 104 are met. The duration of any provisional measure shall be counted as part of the period specified in Article 105(1)(b). The importing Party concerned shall inform the other Party upon taking such provisional measures and shall immediately refer the matter to the Association Committee for examination if the other Party so requests.

107

Compensation and Suspension of Concessions 1. A Party applying a bilateral safeguard measure shall consult with the Party whose products are subject to the measure to mutually agree on appropriate trade liberalization compensation in the form of concessions having substantially equivalent trade effect. The Party shall provide an opportunity for such consultations no later than thirty days from the application of the bilateral safeguard measure.

2. If the consultations referred to in paragraph 1 do not result in an agreement on trade liberalization compensation within thirty days, the Party whose products are subject to the safeguard measure may suspend the application of substantially equivalent concessions to the trade of the Party applying the safeguard measure.

108

Time Period Between Two Measures No safeguard measure referred to in this Subsection shall be applied to the import of a product that has previously been subject to such a measure, unless a period of time equal to half of the period during which the safeguard measure was applied for the immediately preceding period has elapsed.

109

Outermost Regions 1. When any product originating in one or several of the Republics of the CA Party is being imported into the territory of one or several outermost regions of the United Kingdom and the Republics of the CA Party(**) of the United Kingdom(*) in such increased quantities and under such conditions as to cause or threaten to cause serious deterioration in the economic situation of the outermost region or regions concerned of the United Kingdom(*), the latter, after having examined alternative solutions, may exceptionally adopt safeguard measures limited to the territory of the region or the United Kingdom and the Republics of the CA Party(**) affected.

(*) (Thus substituted its denomination by the section of the Joint Declarations "Declaración Conjunta sobre Mutatis Mutandis" of the annex of International Treaty, No. 9775 of October 29, 2019, "Agreement Establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations, and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama on Paragraph 8 of the Annex to the Agreement Establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019". Previously referred to as "Parte UE") (**) (Thus substituted its denomination by the section of the Joint Declarations "Declaración Conjunta sobre Mutatis Mutandis" of the annex of International Treaty, No. 9775 of October 29, 2019, "Agreement Establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations, and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama on Paragraph 8 of the Annex to the Agreement Establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019". Previously referred to as "las regiones") 2. Without prejudice to paragraph 1, other provisions established in this subsection applicable to bilateral safeguards are also applicable to any safeguard adopted in accordance with this article.

3. The Association Council may discuss whether, in cases of serious deterioration, or threat of serious deterioration, of the economic situation of extremely underdeveloped regions of the Republics of the CA Party, this article may also be applied to such regions.

(Note by Sinalevi: Through subsection 11) sub subsection b) of the annex of International Treaty No. 9775 of October 29, 2019, "Agreement Establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations, and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama regarding Subsection 8 of the Annex to the Agreement Establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019", it was agreed to indicate that this paragraph and any reference to Article 109 are not incorporated into the aforementioned Agreement) SUBSECTION B.4 RULES OF PROCEDURE APPLICABLE TO BILATERAL SAFEGUARD MEASURES

110

Applicable Law For the application of bilateral safeguard measures, the competent investigating authority shall comply with the provisions of this subsection and, in cases not covered by it, the competent investigating authority shall apply the rules established under its domestic legislation.

111

Initiation of a Proceeding 1. In accordance with the domestic legislation of each Party, where applicable, the competent investigating authority may initiate a safeguard proceeding on its own initiative, or upon receipt of a written application by an entity demonstrating that it is representative of the domestic industry producing a like or directly competitive good to the imported good.; (Thus amended the preceding paragraph by subsection 11 sub subsection c. i) of the annex of International Treaty No. 9775 of October 29, 2019, "Agreement Establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations, and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama regarding Subsection 8 of the Annex to the Agreement Establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019") 2. Once written applications have been submitted, they shall be made available promptly to the public, except for the confidential information they contain.

3. Upon initiation of a safeguard proceeding, the competent investigating authority shall publish a notice of initiation of the proceeding in the official journal of the Party. The notice shall identify the entity that submitted the written application, if applicable, the imported good that is the subject of the proceeding, as well as its tariff subheading and tariff line under which it is classified, the nature and the time limits within which the determination will be issued, the time and place of the public hearing or the time limit within which interested parties may request to be heard by the investigating authority, the time limit during which interested parties may express their views in writing and submit information, the place where the written application and other non-confidential documents submitted throughout the proceeding may be inspected, as well as the name, address, and telephone number of the contact office for further information.

4. With respect to any safeguard proceeding initiated based on a written application submitted by an entity claiming to be representative of the domestic industry, the competent investigating authority shall not publish the notice required in paragraph 3 without first carefully assessing whether the written application complies with any requirements of its domestic legislation.

(Thus amended the preceding paragraph by subsection 11 sub subsection c. ii) of the annex of International Treaty No. 9775 of October 29, 2019, "Agreement Establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations, and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama regarding Subsection 8 of the Annex to the Agreement Establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019")

112

Investigation 1. A Party may apply a safeguard measure only following an investigation by the competent investigating authority of that Party in accordance with the procedures set out in this subsection. Such investigation shall include reasonable public notice to all interested parties, as well as public hearings or other appropriate means in which importers, exporters, and other interested parties may present evidence and state their views, including the opportunity to respond to the submissions of other parties.

2. Each Party shall ensure that its competent investigating authority concludes all such investigations within a period of twelve months from their date of initiation.

113

Proof of Injury and Causal Link 1. In conducting its proceeding, the competent investigating authority shall evaluate all relevant factors of an objective and quantifiable nature having a bearing on the situation of the domestic industry, in particular, the rate and amount of the increase in imports of the product concerned in absolute or relative terms to domestic production, the share of the domestic market absorbed by increased imports, and changes in the level of sales, production, productivity, capacity utilization, profits and losses, and employment.

2. A determination of whether increased imports have caused or threaten to cause the situations described in Articles 104 or 109 shall not be made unless the investigation demonstrates, based on objective evidence, the existence of a clear causal link between the increase in imports of the good concerned and the situations described in Articles 104 or 109. Where factors other than increased imports are causing at the same time the situations described in Articles 104 or 109, such injury or serious deterioration of the economic situation shall not be attributed to increased imports.

114

Hearings In the course of each proceeding, the competent investigating authority shall:

  • a)hold a public hearing, after having given reasonable notice, allowing all interested parties and any representative consumer association to appear in person or through a representative, present evidence, and be heard with respect to serious injury or threat of serious injury and the appropriate remedy; or b) provide all interested parties the opportunity to be heard if they have made a written request within the time limit set out in the notice of initiation, demonstrating that they are likely to be affected by the result of the investigation and that there are special reasons for them to be heard orally.
115

Confidential Information Any information which is by nature confidential or which is provided on a confidential basis shall, upon good cause shown therefor, be treated as such by the competent investigating authority. Such information shall not be disclosed without permission of the party submitting it.

Parties providing confidential information may be asked to furnish non-confidential summaries thereof or, if such parties indicate that such information cannot be summarized, the reasons why a summary cannot be provided. However, if the competent investigating authority finds that a request for confidentiality is not warranted and the interested party is unwilling to make the information public nor to authorise its disclosure in generalized or summary form, the authority may disregard such information, unless it can be demonstrated to its satisfaction from an appropriate source that the information is correct.

116

Notifications and Publications 1. Where a Party considers that one of the circumstances set out in Articles 104 or 109 exists, it shall immediately refer the matter to the Association Committee for examination. The Association Committee may make any recommendation needed to remedy the circumstances which have arisen. If the Association Committee has made no recommendation aimed at remedying the circumstances, or no other satisfactory solution has been reached within thirty days from the date the matter was referred to the Association Committee, the importing Party may adopt the appropriate measures to remedy the circumstances in accordance with this subsection.

2. The competent investigating authority shall provide the exporting Party with all relevant information, which shall include evidence of injury or serious deterioration of the economic situation caused by increased imports, a precise description of the product in question and the proposed measures, the proposed date of imposition and the expected duration.

3. The competent investigating authority shall also publish its findings and reasoned conclusions reached on all pertinent issues of fact and law in the official journal of the Party, and shall include the description of the imported good and the situation which has given rise to the imposition of measures under Articles 104 or 109, the causal link between such situation and the increased imports, as well as the form, level, and duration of the measures.

4. The competent investigating authority shall not disclose any information provided pursuant to any undertaking concerning confidential information that may have been made during the proceedings.

CUSTOMS AND TRADE FACILITATION

CHAPTER 3

117

Objectives 1. The Parties recognise the importance of customs and trade facilitation matters in the evolving context of global trade. The Parties agree to strengthen cooperation in this field in order to ensure that the relevant legislation and procedures, as well as the administrative capacity of the relevant administrations, meet the objectives of effective control and the promotion of trade facilitation, and help to promote the development and regional integration of the Republics of the CA Party.

2. The Parties recognise that legitimate public policy objectives, including those related to security and the prevention of fraud, shall not be compromised in any way.

118

Customs and Trade-Related Procedures 1. The Parties agree that their respective customs legislation, provisions, and procedures shall be based on:

  • a)international instruments and standards applicable in the field of customs, including the WCO Framework of Standards to Secure and Facilitate Global Trade, as well as the International Convention on the Harmonized Commodity Description and Coding System; b) the protection and facilitation of legitimate trade through the effective application of and compliance with the requirements set out in customs legislation; c) legislation that avoids unnecessary or discriminatory burdens, protects against customs fraud, and further facilitates the achievement of higher levels of compliance; d) the application of modern customs techniques, including risk management, simplified procedures for the entry and release of goods, post-release controls, and company audit methods; e) a system of binding rulings on customs matters, particularly on tariff classification and rules of origin, in accordance with the rules established in the legislation of the Parties; f) the progressive development of systems, including those based on information technology, to facilitate the electronic exchange of data within customs administrations and with other related public institutions; g) rules ensuring that any penalty imposed for minor breaches of customs regulations or procedural requirements is proportionate and non-discriminatory and that its application does not result in unwarranted delays; h) fees and charges that are reasonable and limited in amount to the cost of the service provided in connection with any specific transaction and are not calculated on an ad valorem basis. Fees and charges for consular services shall not be imposed; and i) the elimination of any requirement for the mandatory use of pre-shipment inspections, as defined in the WTO Agreement on Pre-shipment Inspection, or any other inspection activity carried out at destination, before customs clearance, by private companies.

2. The Parties agree that their customs legislation, provisions, and procedures shall be based, to the extent possible, on the substantive elements of the International Convention on the Simplification and Harmonization of Customs Procedures, as amended (Revised Kyoto Convention) and its annexes.

3. In order to improve working methods, as well as to ensure non-discrimination, transparency, efficiency, integrity, and accountability of operations, the Parties shall:

  • a)take measures, to the extent possible, to reduce, simplify, and standardise the data and documentation required by customs and other related public institutions; b) simplify requirements and formalities wherever possible, with respect to the liberalisation and rapid release of goods; c) establish effective, prompt, non-discriminatory, and easily accessible procedures guaranteeing the right of appeal, in accordance with the legislation of each Party, against administrative actions, rulings, and decisions in customs matters affecting imports, exports, or goods in transit. Charges, where applicable, shall be commensurate with the costs of the appeal procedures; and d) take measures to ensure that the highest levels of integrity are maintained.

4. The Parties shall ensure that legislation relating to customs brokers is based on transparent and proportionate rules. Where a Party requires the mandatory use of customs brokers, legal persons may operate with their own customs brokers who have been licensed by the competent authorities for this purpose. This provision shall be without prejudice to the position of the Parties in multilateral negotiations.

119

Transit Movements 1. The Parties shall ensure freedom of transit through their territory, in accordance with the principles of Article V of the GATT 1994.

2. Any restriction, control, or requirement shall pursue a legitimate public policy objective, be non-discriminatory and proportionate, and be applied in a uniform manner.

3. Without prejudice to legitimate customs control and supervision of goods in transit, each Party shall grant traffic in transit to or from the territory of any of the Parties treatment no less favourable than that accorded to traffic in transit through its territory.

4. In accordance with the principles of Article V of the GATT 1994, the Parties shall operate regimes allowing the transit of goods without imposing any customs duties, transit duties, or other charges imposed in respect of transit, except charges for transportation or those commensurate with administrative expenses entailed by transit or with the cost of services rendered; and subject to the provision of an appropriate guarantee.

5. The Parties shall promote and implement regional transit arrangements to reduce barriers to trade.

6. The Parties shall ensure cooperation and coordination in their territory of all interested authorities and agencies in order to facilitate traffic in transit and promote cross-border cooperation.

120

Relations with the Business Community The Parties agree to:

  • a)ensure that all legislation, procedures, and fees and charges are made known to the public, as far as possible, through electronic means, together with the necessary additional information.

The Parties shall make publicly available relevant administrative notices, including the requirements and procedures for the entry of goods, the opening hours and operating procedures of customs offices, as well as contact points for information enquiries; b) the need for timely and regular consultations with representatives of interested parties on legislative proposals and procedures concerning customs matters. To this end, each Party shall establish appropriate and regular consultation mechanisms; c) that a reasonable period of time should elapse between the publication and the entry into force of a law or modification thereof, a procedure, or a fee or charge6; 6 In the Parties whose legislation requires entry into force simultaneously with publication, the Government shall endeavour to inform operators sufficiently in advance of any new measure of the type mentioned in this paragraph.

  • d)foster cooperation with the business community through non-arbitrary and publicly accessible procedures, such as Memoranda of Understanding, based on those promulgated by the WCO; and e) ensure that their respective customs requirements and related procedures continue to meet the needs of the business community, follow best practices, and remain as little trade-restrictive as possible.
121

Customs Valuation The WTO Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 (hereinafter referred to as the "Customs Valuation Agreement") shall govern the customs valuation rules applied to reciprocal trade between the Parties.

122

Risk Management Each Party shall use risk management systems that enable its customs authorities to focus inspection activities on high-risk goods and that facilitate the release and movement of low-risk goods.

123

Sub-Committee on Customs, Trade Facilitation, and Rules of Origin 1. The Parties hereby establish a Sub-Committee on Customs, Trade Facilitation, and Rules of Origin in accordance with Article 348 and as set out in Annex XXI (Sub-Committees).

2. The functions of the Sub-Committee shall include:

  • a)monitoring the implementation and administration of this chapter and Annex II (Concerning the definition of the concept of "originating products" and methods of administrative cooperation) of this Agreement; b) providing a forum for consultation and discussion on all issues relating to customs, including in particular customs procedures, customs valuation, tariff regimes, customs nomenclature, customs cooperation, and mutual administrative assistance in customs matters; c) providing a forum for consultation and discussion on issues relating to rules of origin and administrative cooperation; d) fostering cooperation on the development, application, and enforcement of customs procedures, mutual administrative assistance in customs matters, rules of origin, and administrative cooperation; e) addressing requests for modification of the rules of origin and submitting the results of the analysis and recommendations to the Association Committee; f) carrying out the tasks and functions set out in Annex II (Concerning the definition of the concept of "originating products" and methods of administrative cooperation) of this Agreement; g) strengthening cooperation on capacity building and technical assistance; and h) any other matter instructed by the Association Committee.

3. The Parties may agree to hold ad hoc meetings on customs cooperation, rules of origin, or mutual administrative assistance.

124

Cooperation and Technical Assistance on Customs and Trade Facilitation Articles 53 and 54 of Title VI (Economic and Commercial Development) of Part III of this Agreement set out the technical assistance measures necessary for the implementation of this chapter.

TECHNICAL BARRIERS TO TRADE

CHAPTER 4

125

Objectives 1. The objective of this chapter is to facilitate and increase trade in goods by identifying, preventing, and eliminating unnecessary obstacles to trade between the Parties, which may arise from the preparation, adoption, and application of technical regulations, standards, and conformity assessment procedures, within the terms of the WTO Agreement on Technical Barriers to Trade (hereinafter referred to as the "TBT Agreement").

2. The Parties undertake to cooperate on the strengthening of regional integration between the Parties on issues related to technical barriers to trade.

3. The Parties undertake to establish and strengthen technical capacity on issues related to technical barriers to trade, with the objective of improving access to their respective markets.

126

General Provisions The Parties reaffirm their existing rights and obligations with respect to each other under the TBT Agreement, which is incorporated into and made an integral part of this Agreement. The Parties shall particularly take into account Article 12 of the TBT Agreement on special and differential treatment.

127

Scope and Coverage 1. This chapter applies to the preparation, adoption, and application of technical regulations, standards, and conformity assessment procedures, as defined in the TBT Agreement, which may affect trade in goods between the Parties.

2. Notwithstanding paragraph 1, this chapter does not apply to sanitary and phytosanitary measures as defined in Annex A of the WTO Agreement on the Application of Sanitary and Phytosanitary Measures (hereinafter referred to as the "SPS Agreement"), nor to purchasing specifications prepared by governmental bodies or institutions for the production or consumption requirements of such governmental bodies or institutions, which shall be governed by Title V (Public Procurement) of Part IV of this Agreement.

128

Definitions For the purposes of this chapter, the definitions of Annex 1 of the TBT Agreement shall apply.

129

Technical Regulations The Parties agree to make best use of good regulatory practices, as set out in the TBT Agreement. In particular, the Parties agree to:

  • a)use relevant international standards as a basis for technical regulations, as well as for conformity assessment procedures, except where such international standards would be an ineffective or inappropriate means for the fulfilment of the legitimate objectives pursued, and, where international standards have not been used as a basis, the reasons why such standards have been considered inappropriate or ineffective for the achievement of the objective pursued shall be explained, upon request of the other Party; b) promote the development of regional technical regulations and that these replace existing national ones, in order to facilitate trade between the Parties; c) establish mechanisms to improve information to the industries of the other Party on technical regulations (for example, through a public website); and d) provide, upon request and without undue delay, information and, where appropriate, written guidance on compliance with its technical regulations, to the other Party or its economic operators.
130

Standards 1. The Parties confirm their obligation 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 of the TBT Agreement.

2. The Parties undertake to:

  • a)ensure adequate interaction between regulatory authorities and national, regional, or international standardising bodies; b) ensure the application of the principles set out in the "Decision of the Committee on Principles for the Development of International Standards, Guides and Recommendations with relation to Articles 2 and 5 and Annex 3 of the Agreement", adopted by the WTO Committee on TBT on 13 November 2000; c) ensure that their standardising bodies cooperate so that, to the extent possible, international standardisation work is used as a basis for the development of standards at the regional level; d) promote the development of regional standards; when a regional standard is adopted, it shall fully replace all existing national standards; e) exchange information on the use of the Parties' standards in connection with technical regulations and establish, to the extent possible, that standards are not mandatory; and f) exchange information and expertise on the work carried out by international, regional, and national standardising bodies, and on the extent to which international standards are used as a basis for their national and regional standards; as well as information of a general nature on the cooperation agreements used by any of the Parties on standardisation.
131

Conformity Assessment and Accreditation 1. The Parties recognise that a wide range of conformity assessment mechanisms exists to facilitate the acceptance of products in the territory of the Parties, including:

  • a)acceptance of a supplier's declaration of conformity; b) designation of conformity assessment bodies located in the territory of the other Party; c) acceptance of the results of conformity assessment procedures by bodies located in the territory of the other Party; and d) voluntary arrangements between conformity assessment bodies in the territory of each Party.

2. In accordance with this, the Parties undertake to:

  • a)require conformity assessment procedures that are not stricter than necessary, in accordance with Article 5.1.2 of the TBT Agreement; b) ensure that, where several conformity assessment bodies have been authorised by a Party in accordance with its applicable domestic legislation, the legislative measures adopted by that Party do not restrict the freedom of operators to choose where the relevant conformity assessment procedures are to be carried out; and c) exchange information on accreditation policy and consider how best to use international accreditation standards and international agreements involving the Parties' accreditation bodies, for example through the mechanisms of the International Laboratory Accreditation Cooperation (ILAC) and the International Accreditation Forum (IAF).
132

Special and Differential Treatment Pursuant to Article 126 of this chapter, the Parties agree to:

  • a)ensure that legislative measures do not restrict the conclusion of voluntary arrangements between conformity assessment bodies located in the Republics of the CA Party and those located in the United Kingdom(*), and promote the participation of such bodies in these arrangements; (*) (Thus replaced its designation by the section of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the Annex to International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and of the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Section 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019". Previously indicated as "EU Party") b) that, when a Party identifies a specific problem related to an existing or proposed technical regulation, standard or conformity assessment procedure that may affect trade between the Parties, the exporting Party may request clarifications and guidance on how to comply with the importing Party's measure; the latter shall give immediate and due attention to such a request and shall take into account the concerns expressed by the exporting Party; c) at the request of the exporting Party, the importing Party undertakes to provide without delay, through its competent authorities, information on the technical regulations, standards and conformity assessment procedures applicable to a group of goods or to a specific good for its marketing in the territory of the importing Party; and d) in accordance with Article 12.3 of the TBT Agreement, in the preparation or application of technical regulations, standards and conformity assessment procedures, the United Kingdom(*) shall take into account the special development, financial and trade needs of the Republics of the CA Party to ensure that technical regulations, standards and conformity assessment procedures do not create unnecessary obstacles to their exports.

(*) (Thus replaced its designation by the section of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the Annex to International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and of the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Section 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019". Previously indicated as "EU Party")

133

Cooperation and technical assistance The Parties agree that it is in their common interest to promote initiatives of mutual cooperation and technical assistance on matters related to technical barriers to trade. In this regard, the Parties have identified a series of cooperation activities which are indicated in Article 57 of Title VI (Economic and trade development) of Part III of this Agreement.

134

Collaboration and regional integration The Parties agree that collaboration between national and regional authorities responsible for technical barriers to trade, both in the public and private sectors, is important to facilitate trade within the United Kingdom and the Republics of the CA Party(*) and between the Parties themselves. To this end, the Parties undertake to carry out joint actions, including:

(*) (Thus replaced its designation by the section of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the Annex to International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and of the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Section 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019". Previously indicated as "the regions") a) strengthening their cooperation on standards, technical regulations, metrology, accreditation and conformity assessment, in order to increase mutual understanding of their respective systems and, in areas of common interest, to study trade facilitation initiatives that bring their regulatory requirements closer together; to this end, they may establish regulatory dialogues at the horizontal and sectoral levels; b) seeking to identify, develop and promote trade-facilitating initiatives, which shall include but not be limited to:

  • i)strengthening regulatory cooperation, for example through the exchange of information, expertise and data, and technical and scientific cooperation, in order to improve the way technical regulations are prepared, in terms of transparency and consultation, and to use regulatory resources efficiently; ii) simplifying procedures and requirements; and iii) promoting and encouraging bilateral cooperation between their respective public or private bodies responsible for metrology, standardisation, testing, certification and accreditation; c) upon request, each Party shall give due consideration to the cooperation proposals of the other Party under the terms of this chapter.
135

Transparency and notification procedures The Parties agree:

  • a)to comply with the transparency obligations of the Parties, as set out in the TBT Agreement, and to provide early notice on the introduction of technical regulations and conformity assessment procedures that have a significant effect on trade between the Parties and, when such technical regulations and conformity assessment procedures are introduced, to allow sufficient time between their publication and entry into force for economic operators to adapt to them; b) when notifications are made in accordance with the TBT Agreement, to give the other Party a minimum period of sixty days from the notification to submit written comments on the proposal except when urgent problems of safety, health, environmental protection or national security arise or threaten to arise, and, where practicable, to give due attention to reasonable requests to extend the comment period; this period shall be extended if recommended by the WTO TBT Committee; and c) to give due consideration to the views of the other Party in the event that, before the WTO notification process, a part of the process for preparing a technical regulation or conformity assessment procedure is open to public consultation in accordance with the procedures of each region; and, upon request, to provide written responses to the comments submitted by the other Party.
136

Market surveillance The Parties undertake to:

  • a)exchange views on market surveillance activities and enforcement measures; and b) ensure that market surveillance is carried out by the competent authorities independently in order to avoid conflicts of interest.
137

Fees The Parties undertake to ensure that:

  • a)any fees that may be imposed for assessing the conformity of products originating in the territory of a Party shall be equitable in comparison with those that would be charged for assessing the conformity of like products of national origin or originating in the territory of the other Party, taking into account the costs of communication, transport and other costs arising from the fact that the applicant's facilities and those of the conformity assessment body are in different locations; CENTR-AM/EU/en 165 b) a Party gives the other the opportunity to submit a complaint against the amount charged for assessing the conformity of products when the fee is excessive in relation to the cost of the certification service and when this undermines the competitiveness of its products; and c) the processing period provided for any mandatory conformity assessment process is reasonable and equitable for imported and national goods.
138

Marking and labelling 1. The Parties reiterate, as indicated in Article 1 of Annex 1 of the TBT Agreement, that a technical regulation may include or deal exclusively with marking and labelling requirements, and agree that, if their technical regulations require any marking or labelling requirement, the principles of Article 2.2 of the TBT Agreement shall be observed.

2. In particular, the Parties agree as follows:

  • a)they shall require only marking or labelling that is relevant for the consumers or users of the product or to indicate the product's conformity with mandatory technical requirements7; 7 Where labelling is required for fiscal purposes, such a requirement shall be formulated in a manner that is no more trade-restrictive than necessary to fulfil a legitimate objective.
  • b)if necessary in view of the risk of products to human, animal or plant health or life, the environment, or national security, the Parties may:
  • i)require the approval, registration or certification of labels or markings as a precondition for sale in their respective markets; or ii) establish requirements regarding the physical characteristics or design of a label, in particular that the information be placed on a specific part of the product or in a specific format or size.

The foregoing is without prejudice to the measures that the Parties adopt according to their internal regulations to verify that the labelling complies with mandatory requirements and measures they adopt to control practices that may mislead consumers; c) in the event that a Party requires economic operators to use a unique identification number, it shall issue such a number to the economic operators of the other Party without any undue delay and in a non-discriminatory manner; d) provided it is not misleading, contradictory or confusing with respect to the information required in the country of destination of the goods, the Parties shall allow the following to appear:

  • i)information in other languages in addition to the language required in the country of destination of the goods; ii) international nomenclatures, pictograms, symbols or graphics; and iii) information additional to that required by the country of destination of the goods; e) provided that the legitimate objectives under the TBT Agreement are not compromised and the information can adequately reach the consumer, the Party shall seek to accept non-permanent or detachable labels, or marking or labelling in the accompanying documentation instead of marks or labels physically attached to the product; and f) the Parties shall allow labelling and corrections to labelling to take place in the country of destination before the marketing of the goods.

3. Taking into account paragraph 2, the Parties agree that, where a Party requires the marking or labelling of textile products, clothing or footwear, only the following information may be required to be permanently marked:

  • a)with respect to textile products and clothing: fibre content, country of origin, safety instructions for specific uses, and care instructions; and b) with respect to footwear: predominant materials of the main parts, safety instructions for specific uses, and country of origin.

4. The Parties shall apply the provisions of this article within one year from the entry into force of this Agreement.

139

Subcommittee on Technical Barriers to Trade 1. The Parties establish a Subcommittee on Technical Barriers to Trade in accordance with Article 348 and as set out in Annex XXI (Subcommittees).

2. The Subcommittee shall have the following functions:

  • a)to address any matter related to the application of this chapter that may affect trade between the Parties; b) to monitor the implementation and administration of this chapter; to promptly address any matter raised by either Party regarding the preparation, adoption, application or enforcement of standards, technical regulations and conformity assessment procedures; and, at the request of either Party, to hold consultations on any matter arising under this chapter; c) to facilitate the exchange of information on technical regulations, standards and conformity assessment procedures; d) to provide a forum for discussion aimed at solving problems or issues that hinder or limit trade, within the limits of the scope and objective of this chapter; e) to strengthen cooperation in the development and improvement of standards, technical regulations and conformity assessment procedures, including the exchange of information between the relevant public or private bodies working on these matters, and to encourage direct interaction between non-governmental actors, such as standardisation bodies, accreditors and certifiers; f) to facilitate the exchange of information on work being carried out in non-governmental, regional and multilateral fora engaged in activities related to technical regulations, standardisation and conformity assessment procedures; g) to examine ways of facilitating trade between the Parties; h) to report on the cooperation programmes established under Article 57 of Title VI (Economic and trade development) of Part III of this Agreement, their achievements, and the impact of these projects on trade facilitation and on the application of the provisions of this chapter; i) to review this chapter in light of developments under the TBT Agreement; j) to report to the Association Committee on the implementation of the provisions of this chapter, in particular on progress in meeting the established objectives and the provisions relating to special and differential treatment; k) to adopt any other measure the Parties deem will assist them in the application of this chapter; l) to establish a dialogue between regulators in accordance with Article 134(a) of this chapter and, where appropriate, working groups to discuss different topics of interest to the Parties; the working groups may consist of non-governmental experts and interested parties or consult them; and m) any other matter instructed by the Association Committee.

Sanitary and Phytosanitary Measures

Chapter 5

140

Objectives The objectives of this chapter are as follows:

  • a)to protect the health and life of humans, animals and plants in the territory of the Parties, while facilitating trade between them within the scope of this chapter; b) to collaborate to further implement the SPS Agreement; c) to ensure that sanitary and phytosanitary measures do not create unjustified obstacles to trade between the Parties; d) to consider the asymmetries between the United Kingdom and the Republics of the CA Party(*); (*) (Thus replaced its designation by the section of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the Annex to International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and of the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Section 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019". Previously indicated as "the regions") e) to improve cooperation in the sanitary and phytosanitary field, in accordance with Part III of this Agreement, in order to strengthen the capacities of each Party on issues related to sanitary and phytosanitary measures to improve market access for the other Party, while maintaining the level of protection of humans, animals and plants; and f) to progressively apply the United Kingdom's approach to Central America in the trade of goods subject to sanitary and phytosanitary measures.

(Thus amended the preceding paragraph by section 11) sub-section d) of the Annex to International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and of the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Section 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019")

141

Multilateral rights and obligations The Parties reaffirm their rights and obligations under the SPS Agreement.

142

Scope of application 1. This chapter applies to all sanitary and phytosanitary measures of a Party that may directly or indirectly affect trade between the Parties.

2. This chapter shall not apply to the standards, technical regulations and conformity assessment procedures defined in the TBT Agreement.

3. In addition, this chapter shall apply to cooperation in the field of animal welfare.

143

Definitions For the purposes of this chapter, the definitions contained in Annex A of the

144

Competent authorities The competent authorities of the Parties shall be the authorities responsible for the application of this chapter, as provided in Annex VI (Competent authorities). In accordance with Article 151 of this chapter, the Parties shall inform each other of any changes concerning said competent authorities.

145

General principles 1. The sanitary and phytosanitary measures applied by the Parties shall follow the principles established in Article 3 of the SPS Agreement.

2. Sanitary and phytosanitary measures shall not be used to create unjustified obstacles to trade.

3. The procedures established within the scope of this chapter shall be applied transparently, without undue delays and under conditions and requirements, including costs, which shall not be higher than the actual cost of the service and shall be equitable in relation to any fees applied to like domestic products of the Parties.

4. The Parties shall not use the procedures referred to in paragraph 3 or requests for additional information to delay market access without scientific and technical justification.

146

Import requirements 1. The exporting Party shall ensure that products exported to the importing Party comply with the sanitary and phytosanitary requirements of the importing Party.

2. The importing Party shall ensure that its import conditions are applied in a proportional and non-discriminatory manner.

147

Trade facilitation 1. List of establishments:

  • a)for the importation of products of animal origin, the exporting Party shall communicate to the importing Party the list of establishments that comply with the importing Party's requirements; b) at the request of the exporting Party, accompanied by adequate sanitary guarantees, the importing Party shall approve the establishments mentioned in Annex VII (Requirements and provisions for the approval of establishments for products of animal origin) that are located in the territory of the exporting Party, without prior inspection of individual establishments; the approval shall be in accordance with the requirements and provisions set out in Annex VII and shall be limited to the categories of products for which imports are approved; c) the sanitary guarantees mentioned in this article may include relevant and substantiated information to ensure the health status of live animals and animal products to be imported; d) unless additional information is requested, the importing Party shall take the necessary legislative or administrative measures, in accordance with its applicable legal procedures, to allow imports on that basis within forty working days from the receipt of the exporting Party's request accompanied by adequate sanitary guarantees; e) the importing Party shall periodically submit a record of denied approval requests, including information on the non-compliances for which the approval of an establishment was denied.

2. Inspection of imports and inspection fees: any fees established for procedures on imported products may cover only the costs incurred by the competent authority for inspecting imports; such fees shall not exceed the actual cost of the service and shall be equitable in relation to fees applied to like domestic products.

148

Verifications 1. In order to maintain confidence in the effective application of the provisions of this chapter and within its scope, each Party has the right to:

  • a)carry out verification of all or part of the control system of the other Party's authorities, in accordance with the guidelines described in Annex VIII (Guidelines applicable to verifications); the costs of such verification shall be borne by the Party carrying it out; and b) receive information from the other Party concerning its control system and be informed of the results of the controls carried out within that system.

2. The Parties shall share the results and conclusions of the verifications carried out in the other Party's territory and shall make them public.

3. When the importing Party decides to carry out a verification visit to the exporting Party, said visit shall be notified to the other Party at least sixty working days before it is carried out, except in cases of urgency or if the Parties have agreed otherwise. Any modification to said visit shall be agreed upon by the Parties concerned.

149

Measures related to animal and plant health 1. The Parties shall recognise the concept of pest- or disease-free zones and zones of low pest or disease prevalence in accordance with the SPS Agreement, as well as the standards, guidelines or recommendations of the World Organisation for Animal Health (hereinafter, "the OIE") and the International Plant Protection Convention (hereinafter, "the IPPC"). The Subcommittee referred to in Article 156 of this chapter may define further details for the procedure for recognising such zones, taking into account the relevant standards, guidelines or recommendations of the SPS Agreement, the OIE and the IPPC. This procedure shall include situations related to outbreaks and re-infestations.

2. In determining pest- or disease-free zones and zones 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 zones.

3. The Parties shall establish close collaboration to determine pest- or disease-free zones and zones of low pest or disease prevalence, in order to gain confidence in the procedures followed by each Party for determining such zones.

4. In determining such zones, whether for the first time or after an outbreak of an animal disease or the re-introduction of a plant pest, the importing Party shall, in principle, base its own determination of the animal or plant health situation of the exporting Party or parts thereof on the information provided by the exporting Party in accordance with the relevant standards, guidelines or recommendations of the SPS Agreement, the OIE and the IPPC, and shall take into account the determination made by the exporting Party.

5. If the importing Party does not accept the above-mentioned determination made by the exporting Party, it shall explain the reasons and shall be ready to hold consultations.

6. The exporting Party shall provide the necessary evidence to objectively demonstrate to the importing Party that such zones are, and are likely to remain, pest- or disease-free zones, or zones of low pest or disease prevalence, respectively. For this purpose, reasonable access shall be provided to the importing Party that requests it for inspections, tests and other relevant procedures.

7. The Parties recognise the principle of compartmentalisation of the OIE and of pest-free production places and sites of the IPPC. They shall consider their future recommendations on the matter and the Subcommittee established in Article 156 of this chapter shall make recommendations accordingly.

150

Equivalence Through the Subcommittee on Sanitary and Phytosanitary Matters established in Article 156, the Parties may develop provisions on equivalence and shall make recommendations in accordance with the procedures established in the institutional provisions of this Agreement.

151

Transparency and exchange of information The Parties shall:

  • a)seek to achieve transparency with respect to sanitary and phytosanitary measures applicable to trade; b) improve mutual understanding of each Party's sanitary and phytosanitary measures and their application; c) exchange information on matters related to the preparation and application of sanitary and phytosanitary measures that affect or may affect trade between the Parties, with the aim of minimising their negative trade effects; and d) communicate, at the request of a Party, the requirements that apply to the importation of specific products.
152

Notification and consultations 1. Each Party shall notify the other Party in writing, within three working days, of any serious or significant risk to the life or health of humans, animals or plants, including any food emergency.

2. Notifications shall be addressed to the contact points set out in Annex IX (Contact points and websites). "Written notification" means notification by mail, fax or electronic mail.

3. In the event that a Party has serious concerns regarding a risk to the life or health of humans, animals or plants in relation to products being traded, consultations shall be held, upon request, as soon as possible. Under such conditions, each Party shall endeavour to provide all necessary information to avoid disruptions to trade.

4. The consultations mentioned in paragraph 3 may be held by electronic mail, by video or audio conference, or by any other means mutually agreed by the Parties. The requesting Party shall be responsible for drafting the minutes of the consultation, which shall be submitted for formal approval by the Parties.

153

Emergency measures 1. In the event of a serious risk to the life or health of humans, animals or plants, the importing Party may adopt, without prior notification, the measures necessary for the protection of the life or health of humans, animals and plants. Regarding shipments in transit between the Parties, the importing Party shall consider the most appropriate and proportionate solution to avoid unnecessary disruptions to trade.

2. The Party adopting the measures shall inform the other Party as soon as possible and, in any event, no later than one business day after the adoption of the measure. The Parties may request any information relating to the sanitary and phytosanitary situation, as well as the measures adopted, and the Parties shall respond as soon as the requested information is available.

3. At the request of either Party and in accordance with the provisions of Article 152 of this Chapter, the Parties shall hold consultations on the situation within fifteen business days from the notification. Such consultations shall be held to avoid unnecessary disruptions to trade. The Parties may consider options to facilitate the implementation of or replace the measures.

154

Cooperation and Technical Assistance 1. The cooperation and technical assistance measures necessary for the implementation of this Chapter are set out in Article 62 of Title VI (Economic and Trade Development) of Part III of this Agreement.

2. The Parties shall establish, through the Subcommittee on Sanitary and Phytosanitary Affairs, established by Article 156 of this Chapter, a work programme that includes the determination of cooperation and technical assistance needs to develop or strengthen the capacity of the Parties on matters of common interest related to human, animal, or plant health and food safety.

155

Special and Differential Treatment Any Republic of the CA Party may consult directly with the United Kingdom(*) when it identifies a specific problem related to a proposed measure of the United Kingdom(*) that may affect trade between them. For conducting such consultations, the decisions of the WTO SPS Committee, such as document G/SPS/33 and its amendments, may be used for guidance.

(*) (Thus its name replaced by the section of the Joint Declarations "Declaración Conjunta sobre Mutatis Mutandis" of the annex of International Treaty No. 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Previously indicated as "Parte UE")

156

Subcommittee on Sanitary and Phytosanitary Affairs 1. The Parties establish a Subcommittee on Sanitary and Phytosanitary Affairs in accordance with Article 348 and as set out in Annex XXI (Subcommittees).

2. The Subcommittee may address any matter related to the rights and obligations of this Chapter. In particular, it shall have the following responsibilities and functions:

  • a)recommend the development of the procedures or provisions necessary for the implementation of this Chapter; b) monitor progress in the implementation of this Chapter; c) provide a forum for discussing problems arising from the application of specific sanitary or phytosanitary measures, with a view to achieving mutually acceptable alternatives; to this end, the Subcommittee shall be convened urgently, upon the request of one of the Parties, in order to hold consultations; d) conduct, as appropriate, the consultations set out in Article 155 of this Chapter relating to special and differential treatment; e) conduct, as appropriate, the consultations set out in Article 157 of this Chapter relating to the settlement of disputes arising under this Chapter; f) promote cooperation on animal welfare between the Parties; and g) any other matter instructed by the Association Committee.

3. At its first meeting, the Subcommittee shall agree on its internal rules of procedure for approval by the Association Committee.

157

Settlement of Disputes 1. When a Party considers that a measure of the other Party is, or could be, contrary to the obligations under this Chapter, it may request technical consultations within the framework of the Subcommittee established by Article 156. The competent authorities indicated in Annex VI (Competent Authorities) shall facilitate such consultations.

2. Unless the Parties to the dispute agree otherwise, when a dispute is the subject of consultations in the Subcommittee in accordance with the provisions of paragraph 1, such consultations shall replace those provided for in Article 310 of Title X (Settlement of Disputes) of Part IV of this Agreement. Consultations in the Subcommittee shall be deemed concluded within thirty days from the date of submission of the request, unless the consulting Parties agree to continue them. These consultations may be held via conference call, videoconference, or any other means agreed upon by the Parties.

EXCEPTIONS RELATING TO GOODS

CHAPTER 6

158

General Exceptions 1. Article XX of the GATT 1994, including its interpretative notes, is incorporated into this Agreement and forms an integral part thereof.

2. The Parties recognise that Article XX(b) of the GATT 1994 may also apply to environmental measures necessary to protect human, animal, or plant life or health, and that Article XX(g) of the GATT 1994 applies to measures relating to the conservation of exhaustible natural resources, whether living or non-living.

3. The Parties recognise that, at the request of one of the Parties, and before adopting any of the measures provided for in Article XX(i) and (j) of the GATT 1994, the exporting Party wishing to take the measures shall provide the other Party with all relevant information. The Parties may agree on the means necessary to end the conditions requiring the measures. If no agreement is reached within thirty days, the exporting Party may apply the measures under this Article to the export of the relevant product. Where exceptional and critical circumstances requiring immediate action arise, making prior information or examination impossible, the Party intending to adopt measures may apply without delay the precautionary measures strictly necessary to address the situation and shall immediately inform the other Party thereof.

ESTABLISHMENT, TRADE IN SERVICES, AND ELECTRONIC COMMERCE

GENERAL PROVISIONS

TITLE III

CHAPTER 1

159

Objective, Scope of Application, and Coverage 1. The Parties, reaffirming their commitments under the WTO Agreement, establish the provisions necessary for the progressive liberalisation of establishment and trade in services, as well as for cooperation on electronic commerce.

2. Nothing in this Title shall be construed to require the privatisation of public undertakings or the supply of services in the exercise of governmental authority, or to impose any obligation regarding public procurement.

3. The provisions of this Title shall not apply to subsidies granted by the Parties.

4. Consistent with the provisions of this Title, each Party retains the right to regulate and to introduce new regulations to achieve legitimate national policy objectives.

5. This Title shall not apply to measures affecting natural persons seeking access to the labour market of a Party, nor to measures regarding citizenship, residence, or employment on a permanent basis.

6. Nothing in this Title shall prevent a Party from applying measures to regulate the entry or temporary presence of natural persons in its territory, including those measures necessary to protect the integrity of its borders and to ensure the orderly movement of natural persons across them, provided that such measures are not applied in a manner that would nullify or impair the benefits accruing to any Party under the terms of a specific commitment8.

8 The sole fact of requiring a visa for natural persons of a certain country and not for those of others shall not be regarded as nullifying or impairing benefits under a specific commitment.

160

Definitions For the purposes of this Title:

  • a)"measure" means any measure by a Party, whether in the form of a law, regulation, rule, procedure, decision, administrative provision, or any other form; b) "measures adopted or maintained by a Party" means measures adopted by:
  • i)central, regional, or local governments and authorities; and ii) non-governmental bodies in the exercise of powers delegated to them by central, regional, or local governments and authorities; c) "natural person of a Party" means a national of one of the Member States of the European Union or of a Republic of the CA Party in accordance with their respective legislation; d) "juridical person" means any legal entity duly constituted or otherwise organised under applicable law, whether for profit or not, and whether privately or publicly owned, including any corporation, trust, partnership, joint venture, sole proprietorship, or association; e) "juridical person of the United Kingdom(*)" or "juridical person of a Republic of the CA Party" means a juridical person constituted in accordance with the laws of a Member State of the European Union or of a Republic of the CA Party which, respectively, has its registered office, central administration, or principal place of business in the territory of the United Kingdom(*) or in the territory of a Republic of the CA Party, respectively; should the juridical person have only its registered office or central administration in the territory of the United Kingdom(*) or in the territory of a Republic of the CA Party, respectively, it shall not be considered a juridical person of the United Kingdom(*) or a juridical person of a Republic of the CA Party, respectively, unless it engages in substantive business operations in the territory of a Member State of the European Union or in the territory of a Republic of the CA Party, respectively9; and 9 In accordance with its notification of the EC Treaty to the WTO (doc. WT/REG39/1), the EU understands that the concept, enshrined in Article 54 of the Treaty on the Functioning of the European Union (TFEU), of "effective and continuous link" with the economy of a Member State is equivalent to the concept of "substantive business operations" provided for in Article V, paragraph 6, of the GATS.

(Note from Sinalevi: Through paragraph 12) of the annex of International Treaty No. 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", it was agreed to indicate that the footnote of subparagraph e) above is not incorporated into the aforementioned Agreement[LZE1] ) (*) (Thus its name replaced by the section of the Joint Declarations "Declaración Conjunta sobre Mutatis Mutandis" of the annex of International Treaty No. 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Previously indicated as "Parte UE") f) notwithstanding the preceding paragraph, shipping companies established outside the United Kingdom(*) or the Republics of the CA Party and controlled by nationals of a Member State of the European Union or of a Republic of the CA Party, respectively, shall also benefit from the provisions of this Agreement if their vessels are registered, in accordance with their respective legislation, in that Member State of the European Union or in a Republic of the CA Party and fly the flag of a Member State of the European Union or of a Republic of the CA Party.

(*) (Thus its name replaced by the section of the Joint Declarations "Declaración Conjunta sobre Mutatis Mutandis" of the annex of International Treaty No. 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Previously indicated as "Parte UE") [LZE1]

161

Cooperation on Establishment, Trade in Services, and Electronic Commerce The Parties agree that it is in their own interest to promote mutual cooperation and technical assistance initiatives on issues related to establishment, trade in services, and electronic commerce. In this regard, the Parties have identified a series of cooperation activities set out in Article 56 of Title VI (Economic and Trade Development) of Part III of this Agreement.

ESTABLISHMENT

CHAPTER 2

162

Definitions For the purposes of this Chapter:

  • a)"branch of a juridical person of a Party" means a commercial presence without legal personality, having the appearance of permanency, such as the extension of a parent body, having a management and materially equipped to conduct business transactions with third parties, so that the latter, although aware that there will if necessary be a legal link with the parent body, whose head office is abroad, do not have to deal directly with such parent body but may conduct transactions at the commercial presence constituting the extension; b) "economic activity" means the activities committed in Annex X (Lists of Commitments on Establishment). "Economic activity" does not include activities carried out in the exercise of governmental authority, for example, activities not carried out on a commercial basis nor in competition with one or more economic operators; c) "establishment":
  • i)the constitution, acquisition, or maintenance of a juridical person10; or 10 It is understood that the words "constitution" and "acquisition" of a juridical person include a capital participation in a juridical person with the object of establishing or maintaining lasting economic links.
  • ii)the creation or maintenance of a branch or a representative office, in the territory of a Party for the purpose of performing an economic activity; d) "investor of a Party" means any natural or juridical person of a Party that seeks to, or does, perform an economic activity by creating an establishment; and e) "subsidiary of a juridical person of a Party" means a juridical person which is effectively controlled by another juridical person of that Party11.

11 A juridical person is controlled by another juridical person if the latter has the power to appoint a majority of its directors or otherwise legally direct its operations.

163

Coverage This Chapter applies to measures adopted by the Parties affecting establishment12 in all economic activities, as defined in Article 162, with the exception of:

12 The protection of investments, other than the treatment resulting from Article 165, and the investor-State dispute settlement procedures, are not covered by this chapter.

  • a)mining, manufacturing, and processing of nuclear materials; b) the production of or trade in arms, munitions, and war material; c) audiovisual services; d) national maritime cabotage and inland waterway transport13; and 13 Without prejudice to the scope of activities that may be considered cabotage under the applicable national legislation, national cabotage under this Chapter covers the transport of passengers or goods between a port or point located in a Republic of the CA Party or in a Member State of the European Union and another port or point located in the same Republic of the CA Party or in the same Member State of the European Union, including its continental shelf, as well as traffic originating and terminating in the same port or point located in a Republic of the CA Party or in a Member State of the European Union.
  • 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 the aircraft is withdrawn from service; ii) the selling and marketing of air transport services; iii) computer reservation system (CRS) services; and iv) other auxiliary services facilitating the operations of air carriers, as listed in Annex X (Lists of Commitments on Establishment).
164

Market Access 1. With respect to market access through establishment, each Party shall accord to the establishments and investors of the other Party treatment no less favourable than that provided for in accordance with the terms, limitations, and conditions agreed and specified in the specific commitments set out in Annex X (Lists of Commitments on Establishment).

2. In sectors where market access commitments are undertaken, the measures which a Party shall not maintain or adopt, either on the basis of a regional subdivision or of its entire territory, unless otherwise specified in Annex X, are defined as follows:

  • a)limitations on the number of establishments, whether in the form of numerical quotas, monopolies, exclusive rights, or through the requirement of an economic needs test; b) limitations on the total value of transactions or assets in the form of numerical quotas or through 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 through the requirement of an economic needs test14; 14 Subparagraphs 2(a), (b) and (c) do not cover measures taken to limit the production of an agricultural product.
  • d)limitations on the participation of foreign capital expressed as a maximum percentage limit on foreign shareholding or as the total value of individual or aggregate foreign investment; and e) measures which restrict or prescribe specific types of establishment (subsidiary, branch, representative office)15 or joint ventures through which an investor of the other Party may perform an economic activity.

15 Each Party may require that, in the case of incorporation under its own legislation, investors must adopt a specific legal form. To the extent that such requirement is applied in a non-discriminatory manner, it need not be specified in Annex X (Lists of Commitments on Establishment) for the Parties to maintain or adopt it.

165

National Treatment 1. In the sectors inscribed in Annex X (Lists of Commitments on Establishment), and subject to the conditions and qualifications set out therein, each Party shall accord to the establishments and investors of the other Party treatment no less favourable than that it accords to its own like establishments and investors.

2. A Party may meet the requirement of paragraph 1 by according to the establishments and investors of the other Party treatment that is formally identical or formally different from that it accords to its own like establishments and investors.

3. Formally identical or formally different treatment shall be considered to be less favourable if it modifies the conditions of competition in favour of the establishments or investors of the Party compared to like establishments and investors of the other Party.

4. The specific commitments assumed under this Article shall not be construed to require any Party to compensate for any inherent competitive disadvantages that result from the foreign character of the relevant investors.

166

Lists of Commitments The sectors committed by each of the Parties in accordance with this Chapter and, through reservations, the limitations, conditions, and qualifications on market access and national treatment applicable to the establishments and investors of the other Party in those sectors are set out in the lists of commitments included in Annex X (Lists of Commitments on Establishment).

167

Other Agreements Nothing in this Title shall limit the rights of investors of the Parties to benefit from any more favourable treatment provided for in any existing or future international agreement relating to investment, to which a Member State of the European Union and a Republic of the CA Party are Parties. No provision of this Agreement shall be subject, directly or indirectly, to any investor-State dispute settlement procedures established in such agreements.

168

Review The Parties undertake to review the legal framework and the investment environment, as well as the flow of investment between them, in accordance with their commitments under international agreements, no later than three years after the entry into force of this Agreement and at regular intervals thereafter.

CROSS-BORDER SUPPLY OF SERVICES

CHAPTER 3

169

Scope and Definitions 1. This Chapter applies to measures adopted by the Parties affecting the cross-border supply of all service sectors, with the exception of:

  • a)audiovisual services; b) national maritime cabotage and inland waterway transport16; and 16 Without prejudice to the scope of activities that may be considered cabotage under the applicable national legislation, national cabotage under this Chapter shall cover the transport of passengers or goods between a port or point located in a Republic of the CA Party or in a Member State of the European Union and another port or point located in the same Republic of the CA Party or in the same Member State of the European Union, including its continental shelf, as well as traffic originating and terminating in the same port or point located in a Republic of the CA Party or in a Member State of the European Union.
  • 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 the aircraft is withdrawn from service; ii) the selling and marketing of air transport services; iii) computer reservation system (CRS) services; iv) other auxiliary services facilitating the operations of air carriers, as listed in Annex XI (Lists of Commitments on Cross-Border Supply of Services).

2. For the purposes of this Chapter:

  • a)"cross-border supply of services" means the supply of a service:
  • i)from the territory of a Party into the territory of the other Party (mode 1); ii) in the territory of a Party to the service consumer of the other Party (mode 2); b) "services" means any service in any sector except services supplied in the exercise of governmental authority; "a service supplied in the exercise of governmental authority" means any service which is supplied neither on a commercial basis, nor in competition with one or more service suppliers; c) "service supplier of a Party" means any natural or juridical person of a Party that seeks to supply or supplies a service; and d) "supply of a service" includes the production, distribution, marketing, sale, and delivery of a service.
170

Market Access 1. With respect to market access through the modes of supply defined in Article 169, paragraph 2(a), each Party shall accord to the services and service suppliers of the other Party treatment no less favourable than that provided for, in accordance with the terms, limitations, and conditions agreed and specified in the specific commitments set out in Annex XI (Lists of Commitments on Cross-Border Supply of Services).

2. In sectors where market access commitments are undertaken, the measures which a Party shall not maintain or adopt, either on the basis of a regional subdivision or of its entire territory, unless otherwise specified in Annex XI, are defined as follows:

  • a)limitations on the number of service suppliers, whether in the form of numerical quotas, monopolies, exclusive service suppliers, or through the requirement of an economic needs test; b) limitations on the total value of service transactions or assets in the form of numerical quotas or through 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 terms of designated numerical units, in the form of quotas or through the requirement of an economic needs test17.

17 Subparagraph 2(c) does not cover measures of a Party which limit inputs for the supply of services.

171

National Treatment 1. In the sectors inscribed in Annex XI (Lists of Commitments on Cross-Border Supply of Services), subject to the conditions and qualifications set out therein, each Party shall accord to the services and service suppliers of the other Party, with respect to 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 the services and service suppliers of the other Party treatment that is formally identical or formally different from 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 the services or service suppliers of the Party compared to like services or service suppliers of the other Party.

4. The specific commitments assumed under this Article shall not be construed to require any Party to compensate for any inherent competitive disadvantages that result from the foreign character of the relevant services or service suppliers.

172

Lists of Commitments The sectors committed by each of the Parties in accordance with this Chapter, and through reservations, the limitations, conditions, and qualifications on market access and national treatment applicable to the services and service suppliers of the other Party in those sectors are set out in the lists of commitments included in Annex XI (Lists of Commitments on Cross-Border Supply of Services).

TEMPORARY PRESENCE OF NATURAL PERSONS FOR BUSINESS PURPOSES

CHAPTER 4

173

Scope and Definitions 1. This chapter applies to measures by the Parties regarding the entry and temporary stay in their territories of key personnel, graduate trainees, business services sellers, contractual service suppliers, and independent professionals, pursuant to Article 159(5) of this Title.

2. For the purposes of this chapter, the following definitions apply:

(a) "key personnel" means natural persons employed by a juridical person of a Party other than a non-profit organization and who are responsible for the setting-up or the control, management, and operation of an establishment; "key personnel" comprises "business visitors" responsible for setting up an establishment and "intra-corporate transferees":

(i) "business visitors" means natural persons holding a senior position and responsible for setting up an establishment. They do not engage in direct transactions with the general public and do not receive remuneration from a source located in the host Party; (ii) "intra-corporate transferees" means natural persons who have been employed by a juridical person or have been associated with it for at least one year and who are temporarily transferred to an establishment in the territory of the other Party. The natural person concerned must belong to one of the following categories:

"Managers":

Persons holding a senior position in a juridical person, who primarily direct the management of the establishment and receive general supervision or direction principally from the board of directors or shareholders of the business or their equivalent, including:

- directing the establishment or a department or subdivision thereof; - supervising and controlling the work of other supervisory, professional, or managerial employees; - having personal authority to hire and fire or recommend hiring, firing, or other personnel actions.

"Specialists":

Persons working within a juridical person who possess uncommon knowledge essential to the establishment's production, research equipment, techniques, or management. In assessing such knowledge, account shall be taken not only of knowledge specific to the establishment, but also of whether the person has a high-level qualification regarding a type of work or trade requiring specific technical knowledge, including membership in a recognized profession; (b) "graduate trainees" means natural persons who have been employed by a juridical person of a Party for at least one year, hold a university degree, and are temporarily transferred to an establishment of the juridical person in the territory of the other Party for career development purposes or to obtain training in business techniques or methods18; 18 The receiving establishment may be required to submit, for prior approval, a training programme covering the duration of the stay and demonstrating that the purpose is training.

(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 to negotiate the sale of services or to enter into agreements to sell services on behalf of that service supplier. They do not engage in making direct sales to the general public and do not receive remuneration from a source located in the host Party; (d) "contractual service suppliers" means natural persons employed by a juridical person of a Party that has no establishment in the territory of the other Party and that has concluded a bona fide contract (other than through an agency as defined by CPC 872)19 to supply services with a final consumer located in the latter Party, requiring the temporary presence of its employees in that Party to fulfil the contract to supply services; 19 CPC means the Central Product Classification as defined by the United Nations Statistical Office, Statistical Papers, Series M, No. 77, CPC prov, 1991.

(e) "independent professionals" means natural persons engaged in the supply of a service, established as self-employed in the territory of a Party, who have no establishment in the territory of the other Party and who have concluded a bona fide contract (other than through an agency as defined by CPC 872) to supply services to a final consumer located in the latter Party, requiring their temporary presence in that Party to fulfil the contract to supply services20; (f) "qualifications" means diplomas, certificates, or other evidence (of formal qualification) issued by an authority designated pursuant to laws, regulations, or administrative provisions certifying that professional training has been successfully completed.

20 The service contract referred to in subparagraphs (d) and (e) shall comply with the laws, regulations, and requirements of the Party in which the contract is executed.

174

Key personnel and graduate trainees 1. For each sector liberalised in accordance with Chapter 2 of this Title and subject to any reservations listed in Annex X (Lists of commitments on establishment) or in Annex XII (Reservations on key personnel and graduate trainees of the United Kingdom(*)), the United Kingdom(*) shall allow investors of the Republics of the CA Party to employ in their establishments natural persons of the Republics of the CA Party, provided that such employees are key personnel or graduate trainees, as defined in Article 173. The entry and temporary stay of key personnel and graduate trainees shall be for a maximum period of three years in the case of intra-corporate transferees, ninety days in any twelve-month period in the case of business visitors, and one year in the case of graduate trainees.

(*) (Thus substituted its denomination by the section of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex of International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Section 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019". Previously indicated "EU Party") For each sector liberalised in accordance with Chapter 2 of this Title, unless otherwise specified in Annex XII, the measures which the United Kingdom(*) shall not maintain or adopt, whether on the basis of a regional subdivision or on the basis of its entire territory, are defined as limitations on the total number of natural persons that an investor may employ as key personnel and graduate trainees in a specific sector, in the form of numerical quotas, or the requirement of an economic needs test, and as discriminatory limitations.

(*) (Thus substituted its denomination by the section of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex of International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Section 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019". Previously indicated "EU Party") 2. For each sector listed in Annex XIII (Lists of commitments of the Republics of the CA Party on key personnel and graduate trainees) and subject to any reservations listed therein, the Republics of the CA Party shall allow investors of the United Kingdom(*) to employ in their establishment natural persons of the United Kingdom(*), provided that such employees are key personnel or graduate trainees, as defined in Article 173. The entry and temporary stay of key personnel and graduate trainees shall be for a maximum period of one year, renewable up to the maximum possible duration in accordance with the relevant provisions of the respective legislation of the Parties. The entry and temporary stay of business visitors shall be for a maximum period of up to ninety days in any twelve-month period.

(*) (Thus substituted its denomination by the section of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex of International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Section 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019". Previously indicated "EU Party") For each sector listed in Annex XIII and subject to any reservations and conditions set out therein, the measures which a Republic of the CA Party shall not maintain or adopt, whether on the basis of a regional subdivision or on the basis of its entire territory, are defined as limitations on the total number of natural persons that an investor may employ as key personnel and graduate trainees in a specific sector, in the form of numerical quotas, or the requirement of an economic needs test, and as discriminatory limitations.

175

Business services sellers 1. For each sector liberalised in accordance with Chapters 2 or 3 of this Title and subject to any reservations listed in Annex X (Lists of commitments on establishment) and Annex XI (Lists of commitments on cross-border supply of services), the United Kingdom(*) shall allow the entry and temporary stay of business services sellers of the Republics of the CA Party for a maximum period of ninety days within any twelve-month period.

(*) (Thus substituted its denomination by the section of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex of International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Section 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019". Previously indicated "EU Party") 2. For each sector listed in Annex XIV (Lists of commitments of the Republics of the CA Party on business services sellers) and subject to any reservations and conditions set out therein, the Republics of the CA Party shall allow the entry and temporary stay of business services sellers of the United Kingdom(*) for a maximum period of up to ninety days within any twelve-month period.

(*) (Thus substituted its denomination by the section of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex of International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Section 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019". Previously indicated "EU Party")

176

Contractual service suppliers and independent professionals The Parties reaffirm their respective obligations under the GATS with respect to the entry and temporary stay of contractual service suppliers and independent professionals.

REGULATORY FRAMEWORK

PROVISIONS OF GENERAL APPLICATION

CHAPTER 5

SECTION A

177

Mutual recognition 1. Nothing in this Title 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.

2. The Parties shall encourage the relevant professional bodies or competent authorities, as applicable, in their respective territories to jointly develop and submit recommendations on mutual recognition to the Association Committee, in order for investors and service suppliers to meet, in whole or in part, the criteria applied by each Party for the authorization, licensing, operation, and certification of investors and service suppliers, and in particular of professional services.

3. Upon receipt of a recommendation pursuant to the preceding paragraph, the Association Committee shall review it, within a reasonable period of time, with a view to determining whether it is consistent with this Title.

4. When it has been determined, in accordance with the procedure set out in paragraph 3, that a recommendation referred to in paragraph 2 is consistent with this Title and a sufficient level of correspondence exists between the relevant regulations of the Parties, they shall encourage their competent authorities to negotiate an agreement on mutual recognition of requirements, qualifications, licenses, and other regulations with a view to implementing that recommendation.

5. Any such agreement shall be consistent with the relevant provisions of the WTO Agreement and, in particular, with Article VII of the GATS.

178

Transparency and disclosure of confidential information 1. Each Party shall respond promptly to all specific requests for information from the other Party concerning any of its measures of general application or international agreements pertaining to or affecting this Title. Each Party shall also designate one or more inquiry points to provide, at the request of investors and service suppliers of the other Party, specific information on all such matters, by no later than the entry into force of this Agreement. The inquiry points need not be depositories of laws and regulations.

2. Nothing in Part IV of this Agreement shall be construed as requiring any Party to provide confidential information the disclosure of which could impede law enforcement, or otherwise be contrary to the public interest, or which could prejudice the legitimate commercial interests of particular enterprises, whether public or private.

179

Procedures 1. Where authorization is required for the supply of a service or for an establishment for which a specific commitment has been undertaken, the competent authorities of a Party, within a reasonable period of time after the submission of an application considered complete under domestic laws and regulations, shall inform the applicant of the decision concerning its application. At the request of the applicant, the competent authorities of the Party shall provide, without undue delay, information concerning the status of the application.

2. Each Party shall maintain or institute judicial, arbitral, or administrative tribunals or procedures which provide, at the request of an affected investor or service supplier, for the prompt review of administrative decisions affecting establishment, cross-border supply of services, or the temporary presence of natural persons for business purposes and, where justified, for appropriate remedies. Where such procedures are not independent of the body entrusted with the administrative decision concerned, the Parties shall ensure that the procedure provides for an objective and impartial review in fact.

COMPUTER SERVICES

SECTION B

180

Understanding on computer services 1. To the extent that trade in computer services is committed under the lists of commitments in accordance with Chapters 2, 3, and 4 of this Title, the Parties subscribe to the understanding defined in the following paragraphs.

2. The United Nations classification used to describe computer and related services, CPC 8421, covers the basic functions used to provide all computer and related services: computer programs, defined as the sets of instructions required to make computers work and communicate (including their development and implementation), data processing and storage, and related services such as consultancy and training services for clients' staff. As a result of technological developments, these services are increasingly offered as a bundle or package of related services that can include some or all of these basic functions. 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.

21 CPC means the Central Product Classification as defined by the United Nations Statistical Office, Statistical Papers, Series M, No. 77, CPC prov, 1991.

3. Computer and related services, regardless of whether they are supplied via a network, including the Internet, include all services that provide:

(a) consulting, strategy, analysis, planning, specification, design, development, installation, implementation, integration, testing, debugging, updating, support, technical assistance, or management of or for computers or computer systems; or (b) computer programs, defined as the sets of instructions required to make computers work and communicate (in and among themselves), plus consulting, strategy, analysis, planning, specification, design, development, installation, implementation, integration, testing, debugging, updating, adaptation, maintenance, support, technical assistance, management, or use of or for computer programs; or (c) data processing, data storage, data hosting, or database services; or (d) maintenance and repair services for office machinery and equipment, including computers; and (e) training services for clients' staff, related to computer programs, computers, or computer systems, and not elsewhere classified.

4. Computer and related services enable the supply of other services (e.g., financial services) by both electronic and other means. However, there is an important distinction between enabling the service (e.g., web hosting, data processing, or application hosting) and the core content or service supplied electronically (e.g., financial services). In such cases, the core content or service is not covered by CPC 84.

COURIER SERVICES

SECTION C

181

Scope and definitions 1. This section establishes the principles of the regulatory framework for courier services committed under the lists of commitments in accordance with Chapters 2, 3, and 4 of this Title.

2. For the purposes of this section and Chapters 2, 3, and 4 of this Title, a "license" means an authorization, granted to an individual supplier by a competent authority, which may be required before commencing the supply of a given service.

182

Prevention of anti-competitive practices in the courier sector 1. The Parties shall introduce or maintain appropriate measures to prevent suppliers who, individually or together, have the ability to materially affect the terms of participation (with respect to price and supply) in the relevant market for courier services as a result of the use of their position in the market, from engaging in or continuing anti-competitive practices.

2. Each Party shall ensure that, where a Party's monopoly postal service supplier competes, directly or through an affiliated company, in the supply of express delivery services outside the scope of its monopoly rights, it does not infringe its obligations under this Title.

183

Licenses 1. Where a license is required, the following shall be made publicly available:

(a) all licensing criteria and the normal period of time required to reach a decision concerning a license application; and (b) the terms and conditions of licenses.

2. The reasons for the denial of a license shall be communicated to the applicant upon request.

A supplier affected by the decision shall be entitled to appeal that decision before an independent and competent body in accordance with the respective legislation. Such a procedure shall be transparent, non-discriminatory, and based on objective criteria.

184

Independence of the regulatory bodies Where Parties have regulatory bodies, such bodies shall be legally independent from, and not accountable to, any supplier of courier services. The decisions of the regulatory bodies and the procedures used by such bodies shall be impartial with respect to all market participants.

TELECOMMUNICATIONS SERVICES

SECTION D

185

Definitions and scope 1. This section establishes the principles of the regulatory framework for public telecommunications services, other than broadcasting, committed in accordance with Chapters 2, 3, and 4 of this Title, which include voice telephone services, packet-switched data transmission services, circuit-switched data transmission services, telex services, telegraph services, facsimile services, private leased circuit services, and mobile and personal communication services and systems22.

22 The Parties understand that these services are covered by this section to the extent that they are considered public telecommunications services in accordance with the applicable domestic legislation.

2. For the purposes of this Title:

(a) "telecommunications services" means all services consisting of the transmission and reception of electromagnetic signals through telecommunications networks, and does not include the economic activity consisting of the provision of content which requires telecommunications networks or services for its transport; (b) "public telecommunications services" or "telecommunications services available to the public" means any telecommunications service that a Party requires to be offered to the general public in accordance with its respective legislation; (c) "telecommunications regulatory authority" means the body or bodies responsible for any of the regulatory tasks assigned in accordance with the domestic legislation of each Party; (d) "essential telecommunications facilities" means facilities of a public telecommunications network or service that:

(i) are exclusively or predominantly supplied by a single supplier or by a limited number of suppliers; and (ii) cannot feasibly be substituted, economically or technically, in order to provide a service; (e) a "major supplier" in the telecommunications sector is a supplier of public telecommunications services that has the ability to materially affect the terms of participation (with respect to price and supply) in the relevant market for public telecommunications services as a result of controlling essential facilities or using its position in the market; and (f) "interconnection" means linking between suppliers providing public telecommunications networks or services in order to allow the users of one supplier to communicate with users of another supplier and to access services supplied by another supplier.

186

Regulatory authority 1. A telecommunications services regulatory authority shall be legally distinct and functionally independent from any supplier of telecommunications services.

2. Each Party shall endeavour to ensure that its regulatory authority has adequate resources to carry out its functions. The tasks of a regulatory authority shall be made public in a clear and easily accessible manner, in particular where those tasks are assigned to more than one body.

3. The decisions of the regulatory authority and the procedures used by such authority shall be impartial with respect to all market participants.

4. A supplier affected by the decision of a regulatory authority shall have the right, in accordance with the respective legislation, to appeal that decision before a competent body independent of the suppliers involved. Where the competent body is not judicial in character, it shall always give written reasons for its decisions, which shall also be subject to review by an impartial and independent judicial authority.

Decisions taken by such competent bodies shall be effectively enforced in accordance with applicable legal procedures. Pending the outcome of any such legal proceedings, the regulatory authority's decision shall stand, unless the competent body or applicable legislation determine otherwise.

187

Authorization to supply telecommunications services23 23 For the purposes of this section, the term authorization shall be understood to include licenses, concessions, permits, registrations, and any other authorizations that a Party may require to supply telecommunications services.

1. The supply of services shall be authorized, as far as possible, through simple procedures and, wherever applicable, through mere notification.

2. A specific license or authorization may be required to address issues of numbering and frequency allocation. The terms and conditions for such specific licenses or authorizations shall be made publicly available.

3. Where a license or authorization is required:

(a) all licensing or authorization criteria, as well as the reasonable period of time normally required to reach a decision concerning an application for a license or authorization, shall be made publicly available; (b) the reasons for the denial of an application for a license or authorization shall be communicated in writing upon the applicant's request; and (c) the applicant for a license or authorization may appeal before a competent body, in accordance with the respective legislation, in the event that an application for a license or authorization is unduly denied.

188

Competitive safeguards on major suppliers The Parties shall introduce or maintain appropriate measures for the purpose of preventing suppliers who, individually or collectively, are a major supplier, from engaging in or continuing to engage in anti-competitive practices. These anti-competitive practices shall include, in particular:

  • a)engaging in anti-competitive cross-subsidization24; 24 Only for the United Kingdom(*) "or margin squeeze." (*) (Thus substituted its denomination by the section of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex of International Treaty No. 9775 of October 29, 2019, "Agreement Establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and of the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama regarding Section 8 of the Annex of the Agreement Establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019". Previously it stated "EU Party") b) using information obtained from competitors with anti-competitive results; and c) not making available to other service suppliers, in a timely manner, technical information about essential facilities and commercially relevant information necessary to supply services.
189

Interconnection25 25 Paragraphs 3, 4 and 5 do not apply with respect to commercial mobile service suppliers or with respect to rural telecommunications service suppliers. For greater certainty, no provision of this article shall be interpreted as preventing a Party from imposing the requirements established in this article on commercial mobile service suppliers.

1. Any supplier authorized to supply public telecommunications services shall have the right to negotiate interconnection with other suppliers of public telecommunications networks and services. Interconnection should, in principle, be agreed on the basis of commercial negotiation between the suppliers involved, without prejudice to the power of the regulatory authority to intervene in accordance with the respective legislation.

2. Suppliers that acquire information from another supplier during the process of negotiating interconnection agreements shall be obliged to use that information solely for the purpose for which it was supplied and shall respect, at all times, the confidentiality of information transmitted or stored.

3. Interconnection with a major supplier shall be ensured at any technically feasible point in the network. Such interconnection shall be supplied in accordance with the respective national legislation:

  • a)under non-discriminatory terms, conditions (including technical standards and specifications) and rates, and with a quality no less favorable than that provided for its own similar services, for similar services of non-affiliated service suppliers, or for its subsidiaries or other affiliates; b) in a timely manner, under terms, conditions (including technical standards and specifications) and with cost-oriented rates that are transparent, reasonable, take into account economic feasibility, and are sufficiently unbundled so that the supplier need not pay for network components or facilities it does not need for the supply of the service; and c) upon request, at additional points in addition to the network termination points offered to the majority of users, subject to charges that reflect the cost of construction of the necessary additional facilities.

4. The procedures applicable to interconnection with a major supplier shall be made available to the public.

5. Major suppliers shall make available to the public their current interconnection agreements, or their reference interconnection offers, or both, in accordance with the respective legislation.

6. A service supplier requesting interconnection with a major supplier may, after a reasonable period that has been made publicly known, have recourse to an independent national body, which may be a regulatory authority referred to in Article 186, to resolve disputes regarding the appropriate terms, conditions, and rates for interconnection.

190

Scarce Resources Any procedure 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 status of allocated frequency bands shall be made available to the public, but it is not necessary to identify in detail the frequencies assigned for specific official uses.

191

Universal Service 1. Each Party has the right to define the type of universal service obligations it wishes to establish or maintain.

2. Such obligations shall not be considered anti-competitive per se, provided they are administered in a transparent, objective, and non-discriminatory manner. Furthermore, the administration of such obligations shall be neutral with regard to competition and no more burdensome than necessary for the type of universal service defined by the Party.

3. All suppliers shall be eligible to ensure universal service. The designation shall be made through an efficient, transparent, and non-discriminatory mechanism, in accordance with the respective legislation.

4. The Parties shall ensure that:

  • a)directories of all fixed-telephony subscribers are available to users in accordance with the respective legislation; and b) organizations supplying the services referred to in subparagraph a) apply the principle of non-discrimination to the treatment of information supplied by other organizations.
192

Confidentiality of Information Each Party, in accordance with its respective legislation, shall ensure the confidentiality of telecommunications and related traffic data, carried over a public telecommunications network and publicly available telecommunications services, without prejudice to the requirement that such measures not be applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination, or a disguised restriction on trade in services.

193

Disputes between Suppliers In the event that a dispute arises between suppliers of telecommunications services or networks regarding rights and obligations arising from Articles 188 and 189, the relevant national regulatory authority or other relevant authority shall issue, upon request of any supplier and in accordance with the procedures established in their respective legislations, a binding decision to resolve the dispute within the shortest possible timeframe.

FINANCIAL SERVICES

SECTION E

194

Scope of Application and Definitions 1. This section establishes the principles of the regulatory framework for all financial services committed in the lists of commitments, in accordance with Chapters 2, 3, and 4 of this Title.

2. For the purposes of this chapter and Chapters 2, 3, and 4 of this Title:

  • a)"financial service" means any service of a financial nature offered by a financial service supplier of a Party. Financial services include the following activities:

A. Insurance and insurance-related services:

1. direct insurance (including co-insurance):

  • a)life insurance; b) non-life insurance; 2. reinsurance and retrocession; 3. insurance intermediation activities, such as those of insurance brokers and agents; and 4. services auxiliary to insurance, such as consultancy, actuarial, risk assessment, and claim settlement services.

B. Banking and other financial services (excluding insurance):

1. acceptance of deposits and other repayable funds from the public; 2. lending of all types, including personal credit, mortgage credit, factoring, and financing of commercial transactions; 3. financial leasing services; 4. all payment and money transfer services, including credit and debit cards, travelers' cheques, and bankers' drafts; 5. guarantees and commitments; 6. trading for own account or for the account of customers, whether on an exchange, in an over-the-counter market, or otherwise, of the following:

  • a)money market instruments (including cheques, bills, and certificates of deposit); b) foreign exchange; c) derivative products, including, but not exclusively, futures and options; d) exchange rate and interest rate instruments, for example, swaps and forward rate agreements; e) transferable securities; f) other negotiable instruments and financial assets, including bullion; 7. participation in issues of all kinds of securities, including underwriting and placement as agents (whether publicly or privately) and the supply of services related to such issues; 8. money broking; 9. asset management, such as cash or portfolio management, all forms of collective investment management, pension fund management, custodial and depository services, and fiduciary services; 10. settlement and clearing services for financial assets, including securities, derivative products, and other negotiable instruments; 11. supply and transfer of financial information, and financial data processing and related software by suppliers of other financial services; and 12. advisory, intermediation, and other auxiliary financial services in respect of any of the activities listed in points 1 to 11, including credit reference and analysis, investment and portfolio research and advice, and advice on acquisitions and on corporate restructuring and strategy; b) "financial service supplier" means any natural or juridical person of a Party that desires to supply or supplies financial services; the term "financial service supplier" does not include public entities; c) "public entity" means:
  • i)a government, a central bank or a 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, excluding entities principally engaged in supplying financial services on commercial terms; or ii) a private entity that performs the functions normally performed by a central bank or monetary authority, while exercising those functions; d) "new financial service" means a financial service not supplied in the territory of the Party, but supplied in the territory of the other Party, and includes any new form of supply of a financial service or the sale of a financial product not sold in the territory of the Party.
195

Prudential Measures 1. Each Party may adopt or maintain measures for prudential reasons, such as:

  • a)the protection of investors, depositors, financial market users, policyholders, policy claimants, 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; and c) ensuring the integrity and stability of a Party's financial system.

2. Where these measures do not conform with the provisions of this chapter, they shall not be used as a means of evading the commitments or obligations contracted by the Parties under this chapter.

3. No provision of this Agreement shall be interpreted as requiring a Party to disclose information relating to the affairs and accounts of individual customers, or any confidential or proprietary information in the possession of public entities.

196

Effectiveness and Transparency of Regulation 1. Each Party shall make its best efforts to provide in advance, to all interested persons, any measure of general application that the Party proposes to adopt so that such persons may formulate observations on the measure. Such measure shall be provided:

  • a)by means of an official publication; or b) through some other written or electronic means.

2. Each Party shall make available to interested persons its requirements for completing applications related to the supply of financial services.

At the request of an applicant, the Party involved shall inform the applicant of the status of its application. If the Party affected requires additional information from the applicant, it shall notify the applicant without undue delay.

3. Each Party shall make its best efforts to implement and apply in its territory internationally accepted standards for regulation and supervision in the financial services sector, for the fight against money laundering or other assets, against the financing of terrorism, and against tax evasion or avoidance.

197

New Financial Services 1. A Party shall permit financial service suppliers of the other Party established in its territory to offer in that territory any new financial service within the scope of the financial subsectors and services committed in its lists of commitments and in accordance with the terms, limitations, conditions, and qualifications set out in those lists of commitments, provided that the introduction of such new financial service does not require a new law or the amendment of an existing law.

2. In accordance with paragraph 1, a Party may determine the juridical form through which the service is supplied and may require authorization for the supply of the financial service. Where such authorization is required, a decision shall be made within a reasonable timeframe, and the authorization may only be denied for prudential reasons.

198

Data Processing 1. Each Party shall permit a financial service supplier of the other Party to transfer information by electronic means or in another form, into or out of its territory, for data processing, when such processing is necessary in the ordinary course of business of the financial service supplier26.

26 For greater certainty, the obligation set out in this article shall not be considered a specific commitment under Article 194, paragraph 2, subparagraph (a).

2. Each Party shall adopt or maintain adequate safeguards for the protection of privacy, as well as fundamental rights and individual freedoms, in particular with respect to the transfer of personal data.

199

Specific Exceptions 1. No provision of this Title shall prevent a Party, including its public entities, from conducting or supplying exclusively in its territory activities or services that form part of a public retirement plan or a statutory social security system, except when those activities are carried out, as set out in the Party's national regulation, by financial service suppliers in competition with public entities or private institutions.

2. No provision of this Agreement applies to activities carried out by a central bank or monetary authority or by any other public entity in pursuit of monetary or exchange rate policies.

3. No provision of this Title shall prevent a Party, including its public entities, from conducting or supplying exclusively in its territory activities or services for the account, or with the guarantee, or using the financial resources, of the Party or its public entities.

MARITIME TRANSPORT SERVICES

SECTION F

200

Scope of Application, Definitions, and Principles 1. This section establishes the principles relating to international maritime transport services committed in the lists of commitments under Chapters 2, 3, and 4 of this Title.

2. For the purposes of this section and Chapters 2, 3, and 4 of this Title:

  • a)"international maritime transport" covers door-to-door and multimodal transport operations, that is to say, the transport of goods through more than one mode of transport, including a maritime leg, under a single transport document, and to this effect includes the right of international maritime transport suppliers to contract directly with suppliers of other modes of transport27; 27 For greater certainty, the scope of application of this definition shall not imply the supply of a transport service. For the purposes of this definition, a single transport document shall be understood as a document that allows customers to conclude a single contract with a shipping company for a door-to-door transport operation.
  • b)"cargo handling services" means the activities exercised by stevedoring companies, including terminal operators, but not including the direct activities of dockworkers when these workers are organized independently from the stevedoring companies or terminal operators; the activities covered include the organization and supervision of:
  • i)the loading/unloading of cargo from a vessel; ii) the lashing/unlashing of cargo; iii) the reception/delivery and safekeeping of cargoes before shipment or after discharge; c) "customs clearance services" (alternatively "customs broker services") means the activities consisting in carrying out, on behalf of others, customs formalities relating to the import, export, or transport of cargo, whether such services are the principal activity of the service supplier or a usual complement to its principal activity; d) "container station and depot services" means the activities consisting in the storage of containers, whether in port areas or inland, with a view to their filling/emptying, repair, and availability for shipment; e) "maritime agency services" means the activities consisting in representing, as an agent, in a given geographical area, the commercial interests of one or more shipping lines or companies for the following purposes:
  • i)marketing and sale of maritime transport services and related services, from quotation to invoicing, as well as issuance of bills of lading on behalf of the companies, acquisition and resale of the necessary related services, preparation of documentation, and supply of commercial information; ii) organization, on behalf of the companies, of the vessel's call or reception of cargoes, if necessary; f) "freight forwarding services" means the activity consisting in the organization and monitoring of cargo operations on behalf of consignors, through the acquisition of transport and related services, preparation of documentation, and supply of commercial information.

3. Considering the existing situation between the Parties in international maritime transport, each Party:

  • a)shall effectively apply the principle of unrestricted access to international maritime markets and trade routes on a commercial and non-discriminatory basis; and b) shall grant to vessels flying the flag of the other Party, or operated by service suppliers of the other Party, treatment no less favorable than that granted to its own vessels regarding access to ports, use of infrastructure and auxiliary maritime services of the ports, as well as related tariffs and charges, customs facilities, and the assignment of berths and loading and unloading facilities28.

28 The provisions of this paragraph refer only to access to services but do not permit the supply of services.

4. When applying these principles, each Party:

  • a)shall not introduce cargo-sharing arrangements in future bilateral agreements with third countries relating to maritime transport services, including bulk trade, liquid and dry, and liner trade, and shall terminate, within a reasonable timeframe, such cargo-sharing arrangements if they exist in previous bilateral agreements; and b) in accordance with the lists of commitments under Chapters 2, 3, and 4 of this Title, shall ensure that any existing or future measures adopted regarding international maritime transport services are non-discriminatory and do not constitute a disguised restriction on international maritime transport services.

5. Each Party shall permit international maritime service suppliers of the other Party to have an establishment in its territory in accordance with Article 165.

6. The Parties shall ensure that services supplied at ports are offered under non-discriminatory terms and conditions. The available services may include pilotage, towing, provisioning, fueling and watering, garbage collection and ballast waste disposal, port captain's services, navigation aids, shore-based operational services essential to shipping operations, including communications, water and electrical supply, emergency repair facilities, anchorage, berthing and berth services.

ELECTRONIC COMMERCE

CHAPTER 6

201

Objective and Principles 1. The Parties, recognizing that electronic commerce increases trade opportunities in many sectors, agree to promote the development of electronic commerce between them, in particular by cooperating on issues related to electronic commerce in accordance with the provisions of this Title.

2. The Parties recognize that the development of electronic commerce should be compatible with international data protection standards, with a view to ensuring the confidence of electronic commerce users.

3. The Parties agree not to impose customs duties on electronic transmissions.

202

Regulatory Aspects of Electronic Commerce The Parties shall maintain a dialogue on regulatory issues related to electronic commerce, which shall include, among others, the following matters:

  • a)the recognition of electronic signature certificates issued to the public and the facilitation of cross-border certification services; b) the treatment of unsolicited electronic commercial communications; c) the protection of consumers in the field of electronic commerce; and d) any other matter relevant to the development of electronic commerce.

EXCEPTIONS

CHAPTER 7

203

General Exceptions 1. Provided that the measures are not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination between the Parties where like conditions prevail, or a disguised restriction on establishment or the cross-border supply of services, no provision of this Title shall be interpreted as preventing a Party from adopting or enforcing measures that are:

  • a)necessary to protect public security or public morals or to maintain public order; b) necessary to protect human, animal, or plant life or health; c) relating to the conservation of exhaustible natural resources, if such measures are applied in conjunction with restrictions on national investors or on national suppliers or on the 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 that are not inconsistent with the provisions of this Title, including those relating to:
  • i)the prevention of misleading and fraudulent practices or the means 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, as well as the protection of the confidentiality of individual records and accounts; iii) security; f) inconsistent with Articles 165 and 171 of this Title, provided that the difference in treatment is aimed at ensuring the equitable or effective imposition or collection of direct taxes with respect to economic activities, investors, services, or service suppliers of the other Party29.

29 Measures that are aimed at ensuring the equitable or effective imposition or collection of direct taxes include measures adopted by a Party under its tax system that:

  • a)apply to non-resident investors and service suppliers in recognition of the fact that the tax obligation of non-residents is determined with respect to taxable items whose source or location is in the territory of the Party; or b) apply to non-residents for the purpose of ensuring the imposition or collection of taxes in the territory of the Party; or c) apply to non-residents or to residents for the purpose of preventing tax avoidance or evasion, including compliance measures; or d) apply to consumers of services supplied in or from the territory of another Party for the purpose of ensuring the imposition or collection, with respect to such consumers, of taxes derived from sources located in the territory of the Party; or e) distinguish between investors and service suppliers subject to tax on taxable items in all countries, and other investors and service suppliers, in recognition of the difference in the nature of the tax base between them; or f) determine, allocate, or apportion income, profits, gains, losses, deductions, or credits of resident persons or branches, or between related persons or branches of the same person, for the purpose of safeguarding the Party's tax base.

The tax terms or concepts set out in subparagraph (f) of this provision and in this footnote are determined according to the tax definitions and concepts, or equivalent or similar definitions and concepts, under the national legislation of the Party adopting the measure.

2. The provisions of this Title and of the corresponding annexes on lists of commitments shall not apply to the respective social security systems of the Parties or to activities in the territory of each Party that are connected, even occasionally, with the exercise of official authority.

CURRENT PAYMENTS AND CAPITAL MOVEMENTS

TITLE IV

204

Objective and Scope of Application 1. The Parties shall endeavor to liberalize current payments and capital movements between them, in accordance with the commitments assumed within the framework of international financial institutions and with due consideration to the monetary stability of each Party.

2. This Title applies to all current payments and capital movements between the Parties.

205

Current Account The Parties shall permit or authorize, as appropriate, any current account payments and transfers between the Parties, in freely convertible currency and in accordance with the Articles of Agreement of the International Monetary Fund, in particular the provisions of Article VIII.

206

Capital Account With respect to transactions on the capital and financial account of the balance of payments, upon the entry into force of this Agreement, the Parties shall permit or guarantee, where applicable, the free movement of capital relating to direct investments made in juridical persons constituted in accordance with the legislation of the host country, and of investments and other transactions made in accordance with the provisions of Title III (Establishment, trade in services and electronic commerce)30 of Part IV of this Agreement, as well as the liquidation and repatriation of these investments and of any profits they have generated.

30 For greater certainty, the exceptions included in Part V of this Agreement, as well as the exceptions included in Title III (Establishment, trade in services and electronic commerce) of Part IV of this Agreement, shall also apply to this Title.

207

Safeguard Measures When, in exceptional circumstances, capital movements between the Parties cause, or threaten to cause, serious difficulties for the operation of the exchange rate policy or monetary policy in a Party, the affected Party may adopt safeguard measures with respect to capital movements for a period not exceeding one year. The application of safeguard measures may be prolonged through their formal reintroduction in the event of extreme exceptional circumstances and after the Parties have previously coordinated regarding the implementation of any proposed formal reintroduction31.

31 The reintroduction of safeguard measures shall not be subject to authorization between the Parties.

208

Final Provisions 1. With respect to this title, the Parties confirm the rights and obligations established by the International Monetary Fund or any other agreements between the Member States of the European Union and a Republic of the CA Party.

2. The Parties shall consult to facilitate the movement of capital between them in order to promote the objectives of this Agreement.

GOVERNMENT PROCUREMENT (CONTRATACIÓN PÚBLICA)

TITLE V

209

Introduction 1. The Parties recognize the contribution that transparent, competitive, and open procurement makes to sustainable economic development, and set as their objective the effective, reciprocal, and gradual opening of their respective procurement markets.

2. For the purposes of this title:

  • a)"commercial goods and services" means goods and services of a type generally sold or offered for sale in the commercial market to, and usually purchased by, non-governmental buyers for non-governmental purposes; b) "conformity assessment procedure" (procedimiento de evaluación de la conformidad) means any procedure used, directly or indirectly, to determine that the relevant requirements of technical regulations or standards are fulfilled; c) "construction service" (servicio de construcción) means a service that has as its objective the realization, by any means, of civil or construction works, based on Division 51 of the United Nations Provisional Central Product Classification; d) "electronic auction" (subasta electrónica) means an iterative process that involves the use of electronic means for the presentation by suppliers of 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; e) "in writing" or "written" (por escrito or escrito) means any expression in words or figures that can be read, reproduced, and later communicated; it may include electronically transmitted and stored information; f) "restricted tendering" (licitación restringida) means a procurement method whereby a procuring entity contacts a supplier or suppliers of its choice; g) "supplier list" (lista de proveedores) means a list of suppliers that a procuring entity has determined satisfy the conditions for inclusion on that list and/or the formal requirements to be included on it, and that the procuring entity intends to use more than once; h) "measure" (medida) means any law, regulation, procedure, administrative guidance or practice of a procuring entity relating to a covered procurement; i) "notice of intended procurement" (aviso de contratación futura) means a notice published by a procuring entity inviting interested suppliers to submit a request for participation, a tender, or both, in accordance with the legislation of each Party; j) "compensatory condition" (condición compensatoria) means a condition or commitment 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; k) "open tendering" (licitación abierta) means a procurement method whereby all interested suppliers may submit a tender; l) "procuring entity" (entidad contratante) means an entity covered by a Party in sections A, B, or C of Appendix 1 (Coverage) of Annex XVI (Public Procurement); m) "qualified supplier" (proveedor cualificado) means a supplier that a procuring entity recognizes as fulfilling the conditions for participation; n) "selective tendering" (licitación selectiva) means a procurement method whereby a procuring entity invites only qualified or registered suppliers to tender; o) "services" (servicios) includes construction services, unless otherwise specified; and p) "technical specification" (especificación técnica) means a tendering requirement that:
  • i)sets out 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 labeling requirements, as they apply to a good or service.
210

Scope and Coverage 1. This title applies to any measure regarding a covered procurement. For the purposes of this title, covered procurement means procurement for governmental purposes:

  • a)of goods, services, or any combination of both:
  • i)as specified for each Party in the relevant sections of Appendix 1 (Coverage) of Annex XVI; and ii) not procured for 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 finance lease, with or without an option to buy; c) whose value equals or exceeds the relevant threshold specified for each Party in Appendix 1 (Coverage) of Annex XVI, at the time of publication of a notice in accordance with Article 213; d) by a procuring entity; and e) that is not otherwise excluded from coverage.

2. Except as otherwise provided, this title does not apply to:

  • a)the acquisition or rental of land, buildings, or other real property or the rights thereto; b) non-contractual agreements or any form of assistance that a Party provides, including cooperative agreements, grants, loans, equity infusions, guarantees, and fiscal incentives, governmental supply of goods and services to state, regional, or local government entities; 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 and employment-related measures; e) procurement conducted:
  • i)for the specific purpose of providing international aid, including development aid; ii) in accordance with a particular procedure or condition of an international agreement relating to the stationing of troops or the joint implementation by the signatory countries of a project; iii) in accordance with a particular procedure or condition of an international organization, or funded by international grants, loans, or other assistance, where the applicable procedure or condition is inconsistent with this title; f) purchases made under exceptionally advantageous conditions that only occur for a very short term, such as extraordinary disposals by companies that are not normally suppliers or the disposal of assets of businesses in liquidation or receivership.

3. Each Party shall specify the following information in Appendix 1 (Coverage) of Annex XVI as indicated:

  • a)in section A, the central government entities whose procurement is covered by this title; b) in section B, the sub-central government entities whose procurement is covered by this title; c) in section C, all other entities whose procurement is covered by this title; d) in section D, the services, other than construction services, covered by this title; e) in section E, the construction services covered by this title; and f) in section F, any General Notes.

4. Where a Party's domestic legislation allows a covered procurement to be conducted on behalf of the procuring entity by other entities or persons, the provisions of this title shall apply equally.

5. a) No procuring entity may prepare, design, structure, or otherwise divide a procurement to circumvent the obligations of this title.

  • b)Where a procurement may result in contracts awarded at the same time in the form of separate lots, the total estimated value of such lots shall be accounted for. If the aggregate value of the lots equals or exceeds a Party's thresholds set out in the relevant section, this title shall apply to the award of such lots, with the exception of those lots whose value is less than EUR 80,000.

6. Nothing in this title shall be construed to prevent a Party from adopting or maintaining measures relating to goods or services of persons with disabilities, philanthropic institutions, or prison labor, or measures necessary to protect public morals, safety, or order, human, animal, or plant life or health, including environmental measures, and intellectual property.

The Republics of the CA Party may adopt, develop, maintain, or implement measures to promote procurement policy opportunities or programs for the development of their minorities and their MSMEs, including preferential rules, such as:

  • a)identification of MSMEs registered as state suppliers; b) establishment of tie-breaking criteria to award a contract to national MSMEs that, participating individually or in a consortium, have submitted a tender of equal ranking to other suppliers.

7. Nothing in this title shall prevent a Party from developing new procurement policies, procedures, or contractual modalities, provided they are not inconsistent with this title.

211

General Principles 1. With respect to any measure and any covered procurement, each Party, including its procuring entities, shall accord to the goods and services of the other Party, and to the suppliers of another Party offering goods and services of any Party, treatment no less favorable than that which the Party, including its procuring entities, accords to domestic goods, services, and suppliers.

2. With respect to any measure relating to a covered procurement, no Party, including its procuring entities, shall:

  • a)treat a locally established supplier less favorably than any other locally established supplier on the basis of the degree of foreign affiliation or ownership; nor 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.

3. Any supplier or service provider of the United Kingdom(*) established in a Republic of the CA Party shall receive in all other Republics of the CA Party treatment no less favorable than that which the latter accords to its own suppliers of goods or service providers with respect to any measure relating to a covered procurement.

(*) (Thus substituted its denomination by the section of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex of International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and of the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Paragraph 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019". Previously indicated as "EU Party") Any supplier of goods or service provider of a Republic of the CA Party established in any Member State of the European Union shall receive, in all other Member States of the European Union, treatment no less favorable than that which the latter accords to its own suppliers of goods or service providers with respect to any measure relating to a covered procurement.

The Parties shall not introduce, for suppliers and service providers wishing to submit a tender in a covered procurement, new local establishment or registration requirements that could constitute a competitive disadvantage for suppliers and service providers of the other Party. Existing requirements shall be subject to review within ten years following the entry into force of this Agreement32.

32 For greater certainty, nothing in this Article shall affect trade in services covered by Title III (Establishment, trade in services and electronic commerce) and its annexes of lists of commitments on establishment, lists of commitments on cross-border supply of services, reservations of the United Kingdom(*) on key personnel and graduate trainees, lists of commitments of the Republics of the CA Party on business services sellers, and lists of commitments of the Republics of the CA Party on key personnel and graduate trainees.

(*) (Thus substituted its denomination by the section of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex of International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and of the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Paragraph 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019". Previously indicated as "EU Party") Use of Electronic Means 4. If a procuring entity conducts a covered procurement by electronic means:

  • a)it shall ensure that the procurement is conducted using information technology systems and software, including those related to the authentication and encryption of information, that are generally available and interoperable with other generally available information technology systems and software; and b) it shall maintain mechanisms that ensure the integrity of requests for participation and tenders, including mechanisms related to time-receipt and that prevent inappropriate access.

Procurement Management 5. A procuring entity shall conduct covered procurement in a transparent and impartial manner, that avoids conflicts of interest, prevents corrupt practices, and is consistent with this title, using methods such as open tendering, selective tendering, and restricted tendering. Additionally, the Parties shall establish or maintain sanctions against such corrupt practices.

Rules of Origin 6. For the purposes of covered procurement, no Party shall apply rules of origin to goods or services imported from the other Party or supplied by the other Party that are different from the rules of origin that Party applies in the normal course of trade to imports or supplies of the same goods or services from the same Party.

Compensatory Conditions 7. Subject to the exceptions set out in this title or the corresponding annexes, no Party shall seek, take into account, impose, or enforce compensatory conditions.

212

Publication of Procurement Information 1. Each Party shall:

  • a)promptly publish any law, regulation, judicial decision, or administrative ruling of general application, standard contract clauses required by laws or regulations and incorporated by reference in notices and tender documents, and procedures regarding covered procurement and any modifications thereof, in officially designated electronic or paper media that are widely disseminated and readily accessible to the public; b) provide, if any Party so requests, additional information on the application of such provisions; c) indicate in Appendix 2 (Media for Publication of Procurement Information) of Annex XVI, the electronic or paper medium in which each Party publishes the information described in subparagraph a); and d) indicate in Appendix 3 (Media for Publication of Notices) of Annex XVI the media in which the Party publishes the notices required by Article 213, Article 215, paragraph 4, and Article 223, paragraph 2.

2. The CA Party shall make all reasonable efforts to develop a single regional access point. The United Kingdom(*) shall provide technical and financial assistance to develop, establish, and maintain such a single access point. This cooperation is addressed in Title VI (Economic and Trade Development) of Part III of this Agreement. The implementation of this provision is subject to the materialization of the initiative on technical and financial assistance for the development, establishment, and maintenance of a single access point at the Central American level.

(*) (Thus substituted its denomination by the section of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex of International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and of the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Paragraph 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019". Previously indicated as "EU Party") 3. Each Party shall promptly notify the other Party of any modification to the Party's information set out in Appendix 2 (Media for Publication of Procurement Information) or Appendix 3 (Media for Publication of Notices) of Annex XVI.

213

Publication of Notices Notice of Intended Procurement 1. For each covered procurement, except in the circumstances described in Article 220, a procuring entity shall publish a notice of intended procurement in the appropriate media set out in Appendix 3 (Media for Publication of Notices) of Annex XVI. Each notice shall include the information set out in Appendix 4 (Notice of Intended Procurement) of Annex XVI. These notices shall be accessible by electronic means free of charge through a single access point at the regional level, when and where it exists.

Notice of Planned Procurement 2. Procuring entities are encouraged to publish annually, as early as possible, a notice of their future procurement plans (hereinafter referred to as "notice of planned procurement"). The notice shall include the subject matter of the procurement and the approximate date of publication of the notice of intended procurement or on which the procurement will take place.

3. A procuring entity may, if so provided in domestic legislation, use a notice of planned procurement as a notice of intended procurement provided it includes as much information from Appendix 4 (Notice of Intended Procurement) as is available and a statement that interested suppliers should express their interest in the procurement to the procuring entity.

214

Conditions for Participation 1. A procuring entity shall limit the conditions for participation in a procurement to those that are essential to ensure that the supplier has the legal, financial, commercial, and technical capacity to undertake the procurement in question.

2. In determining whether a supplier meets the conditions for participation, a procuring entity shall evaluate the financial, commercial, and technical abilities of the supplier on the basis of its business activities both inside and outside the territory of the Party of the procuring entity, and may not condition the participation of a supplier in a government procurement on that supplier having previously been awarded one or more contracts by a procuring entity of a Party or on the supplier having prior work experience in the territory of a Party.

3. In making such an assessment, the procuring entity shall base its evaluation on the conditions it has specified in advance in the notices or tender documents.

4. A procuring entity may exclude a supplier on grounds such as bankruptcy, false declarations, significant deficiencies in the performance of any substantive requirement or obligation under a previous contract or contracts, judicial decisions concerning crimes or other judicial decisions regarding serious offenses, professional misconduct, non-payment of taxes, or similar reasons.

Each Party may adopt or maintain procedures to declare the ineligibility to participate in the Party's procurement, either indefinitely or for a stated period of time, of suppliers whom the Party has determined to have engaged in fraudulent or illegal activities related to procurement. At the request of the other Party, a Party shall identify, to the extent possible, the suppliers determined to be ineligible under these procedures and, where appropriate, exchange information regarding these suppliers or the fraudulent or illegal activity.

5. The procuring entity may request that the tenderer indicate in its tender any part of the contract it intends to subcontract to third parties and any proposed subcontractors.

This indication shall be without prejudice to the principle of the economic operator's responsibility.

215

Supplier Qualification or Registration Selective Tendering 1. Where a procuring entity intends to use selective tendering:

  • a)it shall include in the notice of intended procurement at least the information specified in paragraph 1 of Appendix 4 (Notice of Intended Procurement) of Annex XVI and invite suppliers to submit a request for participation; and b) it shall make available, at the start of the tendering period, at least the information specified in paragraph 2 of Appendix 4 (Notice of Intended Procurement) of Annex XVI to qualified or registered suppliers.

2. The procuring entity shall recognize as qualified suppliers any domestic supplier and any supplier of the other Party that meets the conditions for participation in a particular procurement, unless the procuring entity states, in the notice of intended procurement, any limitation on the number of suppliers that will be permitted to tender and the criteria for selecting that limited number of suppliers.

3. Where the tender documents are not made publicly available from the date of publication of the notice referred to in paragraph 1, the procuring entity shall ensure that those documents are made available at the same time to all the qualified suppliers selected in accordance with paragraph 2.

Supplier Lists 4. A procuring entity may maintain a supplier list, provided that an invitation for interested suppliers to apply for inclusion on the list is published annually and, where published by electronic means, it is made available continuously in the appropriate medium set out in Appendix 3 (Media for Publication of Notices) of Annex XVI. Such notice shall include the information set out in Appendix 5 (Notice Inviting Interested Suppliers to Apply for Inclusion on a Supplier List) of Annex XVI.

5. Notwithstanding paragraph 4, where a supplier list is valid for three years or less, the procuring entity may publish the notice referred to in that paragraph only once, at the beginning of the validity period of the list, provided that the notice states the period of validity and that no further notices are published.

6. A procuring entity shall allow suppliers to apply at any time for inclusion on a supplier list and shall include on the list, within a reasonably short time, all suppliers that meet the relevant requirements.

7. A procuring entity may, if the Party's legislation so allows, use an invitation to suppliers to apply for inclusion on a supplier list as a notice of intended procurement, provided that:

  • a)the notice is published in accordance with paragraph 4 and includes the information required in Appendix 5 (Notice Inviting Interested Suppliers to Apply for Inclusion on a Supplier List), as well as as much information as is available of the information required in Appendix 4 (Notice of Intended Procurement) of Annex XVI, and contains a statement that it constitutes a notice of intended procurement; b) the procuring entity promptly provides to suppliers that have expressed an interest to the entity in a particular procurement, sufficient information to permit them to assess their interest in the procurement, including all the remaining information required in Appendix 4 (Notice of Intended Procurement) of Annex XVI, to the extent such information is available; and c) a supplier that has applied for inclusion on a supplier list in accordance with paragraph 6 may be allowed to tender in a given procurement if the procuring entity has sufficient time to examine whether it meets the conditions for participation.

8. A procuring entity shall promptly communicate to any supplier that submits a request for participation or inclusion on a supplier list its decision regarding the request.

9. Where a procuring entity rejects a supplier's request for qualification or inclusion on a supplier list, ceases to recognize a supplier as qualified, or removes a supplier from a supplier list, it shall inform the supplier and, at the supplier's request, promptly provide it with a written explanation of the reasons for its decision.

10. The Parties shall indicate, in Section F (General Notes) of Appendix 1 (Coverage) of Annex XVI, the entities that will use supplier lists.

216

Technical Specifications 1. A procuring entity shall not prepare, adopt, or apply a technical specification or prescribe a conformity assessment procedure with the purpose or effect of creating unnecessary obstacles to international trade.

2. Where applicable, in setting the technical specifications for the goods or services being tendered, the procuring entity shall:

  • a)set out the technical specifications in terms of performance and functional requirements, rather than descriptive or design characteristics; and b) base the technical specifications on international standards, where such exist; otherwise, on national technical regulations, recognized national standards, or building codes.

3. Where descriptive or design characteristics are used in the technical specifications, the procuring entity shall indicate, where appropriate, that it will consider tenders of equivalent goods or services that demonstrably fulfil the procurement requirements by including terms such as "or equivalent" in the tender documents.

4. A procuring entity shall not set out 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 way to describe the procurement requirements with sufficient precision or intelligibility, and provided that in such cases, the entity includes terms such as "or equivalent" in the tender documents.

5. A contracting entity shall not solicit or accept, in a manner that may have the effect of precluding competition, advice for 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, this article is not intended to prevent a contracting entity from preparing, adopting, or applying technical specifications to promote the conservation of natural resources or protect the environment.

217

Procurement Documents 1. A contracting entity shall provide suppliers with procurement documents that include all the information necessary to permit suppliers to submit adequate tenders.

Unless already provided in the notice of intended procurement, such documentation shall include a complete description of the items set out in Appendix 8 (Procurement Documents) of Anexo XVI.

2. The contracting entity shall promptly provide, upon request, the procurement documents to any supplier participating in the public procurement, and shall reply to any reasonable request for relevant information made by a supplier participating in the public procurement, provided that such information does not give that supplier an advantage over its competitors in the procurement and the request was submitted within the relevant time limits.

3. When, in the course of a procurement, a contracting entity modifies the criteria or requirements set out in the notice of intended procurement, or in the procurement documents provided to suppliers, it shall transmit such modifications in writing:

  • a)to all suppliers participating at the time the information is amended, if known, and in all other cases in the same manner as the original information; and b) in adequate time to allow such suppliers to modify and re-submit amended tenders, as appropriate.
218

Time Limits A contracting entity shall, in accordance with its own reasonable needs, provide sufficient time for suppliers to prepare and submit requests for participation and responsive tenders, taking into account factors such as the nature and complexity of the procurement, the extent of anticipated subcontracting, and the time for transmitting tenders from foreign or domestic points when electronic means are not used. Such time periods, including any extension of the time limits, shall be the same for all interested or participating suppliers.

The applicable time limits are set out in Appendix 6 (Time Limits) of Anexo XVI.

219

Negotiations 1. Each Party may provide for its contracting entities to conduct procurements through a negotiation procedure, in the following cases:

  • a)in the context of procurements in which such intention was indicated in the notice of intended procurement; or b) when, as a result of the evaluation, it is determined that no tender is obviously the most advantageous in terms of the specific evaluation criteria defined in the notices or procurement documents.

2. A contracting entity:

  • a)shall ensure that any elimination of suppliers participating in negotiations is carried out in accordance with the evaluation criteria set out in the notices or procurement documents; and b) when negotiations are concluded, shall establish a common deadline for the remaining suppliers to submit any new or revised tenders.
220

Use of Restricted Tendering or Other Equivalent Procurement Procedures 1. Provided that the procurement procedures are not used as a means to avoid competition or to protect domestic suppliers, a contracting entity may award contracts by direct contracting (contratación directa) or other equivalent procurement procedures under the following circumstances:

  • a)when:
  • i)no tenders were submitted, or no supplier requested to participate; ii) no tenders that conform to the essential requirements of the procurement documents were submitted; iii) no supplier satisfies the conditions for participation; or iv) the submitted tenders were collusive; provided that the requirements of the procurement documents are not substantially modified; b) in the case of works of art, or for reasons related to the protection of exclusive intellectual property rights, such as patents or copyrights, or proprietary information, or where there is an absence of competition for technical reasons, the goods or services can only be supplied by a particular supplier and no reasonable alternative or substitute exists; c) for additional deliveries by the original supplier of goods or services that were not included in the initial procurement, where a change of supplier for such additional goods or 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 ii) would cause significant inconvenience or substantial duplication of costs to the contracting entity; d) for goods purchased on a commodity market; e) when a contracting entity procures a prototype or a first product or service that is developed at its request in the course of a specific original research, experimentation, study, or development contract. Once such contracts have been fulfilled, subsequent procurement contracts for the goods or services shall be subject to this Title; f) in the case of additional construction services not included in the original contract but falling within the objectives of the original procurement documentation and which, due to unforeseen circumstances, are necessary to complete the construction services described. However, the total value of contracts awarded for such additional construction services shall not exceed fifty percent of the amount of the original contract; g) if strictly necessary when, for reasons of extreme urgency brought about by events unforeseeable by the contracting entity, the goods or services cannot be obtained in time using an open tendering procedure, and the use of such a procedure would result in serious injury to the contracting entity, the contracting entity's program responsibilities, or the Party; h) when a contract is awarded to the winner of a design contest, provided that the contest was organized in a manner consistent with the principles of this Title and the participants were judged by an independent jury to award a design contract to the winner; or i) in the cases established by each Party in Section F (General Notes) of Appendix 1 (Coverage) of Anexo XVI.

2. The contracting entity shall maintain records or prepare written reports providing the specific justification for any contract awarded in accordance with paragraph 1.

221

Electronic Auctions When a contracting entity intends to conduct a covered procurement using an electronic auction, it shall provide each participant, before commencing the electronic auction, with:

  • a)the automatic evaluation method, including the mathematical formula, based on the evaluation criteria set out in the procurement documents, that will be used in the automatic ranking or re-ranking during the auction; b) the results of an 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.
222

Treatment of Tenders and Award of Contracts 1. A contracting entity shall receive, open, and treat all tenders in accordance with procedures that guarantee the fairness and impartiality of the procurement process, as well as the confidentiality of tenders.

2. To be considered for award, a tender shall be in writing and shall, at the time of opening, comply with the essential requirements set out in the procurement documents and, where applicable, in the notices, and be submitted by a supplier that satisfies the conditions for participation.

3. Unless a contracting entity determines that it is not in the public interest to award a contract, it shall award the contract to the supplier that the entity has determined is capable of fulfilling the terms of the contract and that, solely on the basis of the evaluation criteria specified in the notices and procurement documents, has submitted the most advantageous tender or, where price is the sole criterion, the lowest price.

4. When a contracting entity receives a tender with a price that is abnormally lower than the prices of other tenders submitted, it may verify whether the supplier satisfies the conditions for participation and is capable of fulfilling the terms of the contract.

223

Transparency of Procurement Information 1. A contracting entity shall promptly inform participating suppliers of its contract award decisions and, upon request, shall do so in writing. Subject to paragraphs 2 and 3 of Article 224, the contracting entity shall provide any unsuccessful supplier, upon request, with an explanation of the reasons why the entity did not select its tender and the relative advantages of the successful supplier's tender.

2. After the award of each contract covered by this Title, the contracting entity shall publish, as soon as possible, in accordance with the time limits established in each Party's legislation, a notice in the appropriate written or electronic medium listed in Appendix 3 (Means for Publication of Notices) of Anexo XVI. Where only an electronic medium is used, the information shall remain available for a reasonable period of time. The notice shall include at least the information set out in Appendix 7 (Award Notices) of Anexo XVI.

224

Disclosure of Information 1. Each Party shall provide promptly, at the request of the other Party, all relevant information concerning the award of a covered procurement, in order to determine whether the procurement was conducted in accordance with the rules of this Title. In cases where the disclosure of such information could prejudice competition in future procurements, the Party receiving the information shall not disclose it to any supplier, except after consulting with and in accordance with the Party that supplied the information.

2. Notwithstanding any other provision of this Title, no Party, including its contracting entities, shall provide any supplier with information that might prejudice fair competition between suppliers.

3. Nothing in this Title shall be construed to require a Party, including its contracting entities, authorities, and review bodies, to disclose confidential information where such disclosure would impede law enforcement, might prejudice fair competition between suppliers, might prejudice the legitimate commercial interests of particular persons, including the protection of intellectual property, or would be contrary to the public interest.

225

Domestic Review Procedures 1. Each Party shall establish or maintain timely, effective, transparent, and non-discriminatory administrative or judicial review procedures through which a supplier may bring a challenge, with respect to the obligations of a Party and its entities under this Title, that may arise in the context of a covered procurement in which the supplier has or has had an interest. The procedural rules applicable to all challenges shall be in writing and made generally available.

2. Each Party may provide in its domestic legislation that, in the event a supplier submits a complaint regarding a covered procurement, it shall encourage its contracting entity and the supplier to seek resolution of the complaint through consultations. The contracting entity shall accord impartial and timely consideration to any such complaint in a manner that is not prejudicial to the supplier's participation in ongoing or future procurement or 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 supplier knew or reasonably should have known the basis for the challenge.

4. Each Party shall establish or designate at least one impartial administrative or judicial authority that is independent of its contracting entities to receive and review challenges by suppliers arising in the context of a covered procurement.

5. Where a review body other than the authority referred to in paragraph 4 initially reviews a challenge, the Party shall ensure that the supplier may appeal the initial decision to an impartial administrative or judicial authority that is independent of the contracting entity whose procurement is the subject of the challenge. A review body that is not a court shall either be subject to judicial review or offer procedural guarantees that provide that:

  • a)the contracting entity shall respond in writing to the challenge and shall disclose all relevant documents to the review body; b) the participants in the proceedings (hereinafter, "the participants") shall have the right to be heard before the review body makes a decision on the challenge; c) the participants shall have the right to be represented and accompanied; d) the participants shall have access to all proceedings; and e) decisions or recommendations relating to challenges by suppliers shall be provided within a reasonable time, in writing, with an explanation of the basis for each decision or recommendation.

6. Each Party shall adopt or maintain procedures that provide for:

  • a)urgent interim measures to afford the supplier an opportunity to participate in the procurement. Such interim measures may result in suspension of the procurement process. The procedures may provide that, when deciding whether to apply such measures, account may be taken of overriding adverse consequences for affected interests, including the public interest. Justifiable grounds for not acting shall be provided in writing; and b) corrective action or compensation for loss or damages suffered, in accordance with each Party's legislation, in cases where a review authority has determined that there has been a breach or a failure, in accordance with paragraph 1.
226

Modifications and Rectifications to Coverage 1. The United Kingdom(*) shall carry out modifications and rectifications of coverage through bilateral negotiations with each Republic of the CA Party concerned. Conversely, each Republic of the CA Party shall carry out modifications and rectifications of coverage through bilateral negotiations with the United Kingdom(*).

(*) (Its name thus substituted by the paragraph of the Joint Declarations "Declaración Conjunta sobre Mutatis Mutandis" of the annex of Tratado Internacional, N° 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Previously indicated as "Parte UE") When a Party intends to modify its procurement coverage under this Title, the Party shall:

  • a)notify the other Party or Parties concerned in writing; and b) include in its notification a proposal for appropriate compensatory adjustments to the other Party to maintain a level of coverage comparable to that existing prior to the modification.

2. Notwithstanding paragraph 1(b), a Party need not provide compensatory adjustments when:

  • a)the modification in question is a change of a minor nature or a rectification of a purely formal nature; or b) the proposed modification covers an entity over which the Party has effectively eliminated its control or influence.

The Parties may make minor changes or rectifications of a purely formal nature to their coverage under this Title, in accordance with the provisions of Title XIII (Specific Tasks in Trade Matters of the Bodies Established Under This Agreement) of Part IV of this Agreement.

3. If the United Kingdom(*) or the Republic of the CA Party concerned do not agree that:

(*) (Its name thus substituted by the paragraph of the Joint Declarations "Declaración Conjunta sobre Mutatis Mutandis" of the annex of Tratado Internacional, N° 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Previously indicated as "Parte UE") a) the adjustment proposed under paragraph 1(b) is adequate to maintain a comparable level of mutually agreed coverage; b) the proposed modification is a change of a minor nature or a rectification under paragraph 2(a); or c) the proposed modification covers an entity over which the Party has effectively eliminated its control or influence under paragraph 2(b), it shall object in writing within thirty days following receipt of the notification referred to in paragraph 1 or be deemed to have agreed to the proposed adjustment or modification, including for the purposes of Title X (Dispute Settlement) of Part IV of this Agreement.

4. When the Parties concerned have agreed to the proposed modification, rectification, or minor change, including when no objection has been made within a thirty-day period in accordance with paragraph 3, the modifications shall be made in accordance with the provisions of paragraph 6.

5. The United Kingdom(*) and each Republic of the CA Party may, at any time, engage in bilateral negotiations related to the expansion of the market access that they grant to each other under this Title, in accordance with the relevant institutional or procedural arrangements established in this Agreement.

(*) (Its name thus substituted by the paragraph of the Joint Declarations "Declaración Conjunta sobre Mutatis Mutandis" of the annex of Tratado Internacional, N° 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Previously indicated as "Parte UE") 6. The Association Council shall modify the relevant parts of Sections A, B, or C of Appendix 1 (Coverage) of Anexo XVI to reflect any modification agreed by the Parties, technical rectification, or minor change.

227

Cooperation and Technical Assistance in Public Procurement The Parties agree that it is in their common interest to promote mutual cooperation and technical assistance initiatives on public procurement matters. In this regard, the Parties have identified a number of cooperation activities set out in Article 58 of Title VI (Economic and Trade Development) of Part III of this Agreement.

INTELLECTUAL PROPERTY

OBJECTIVES AND PRINCIPLES

TITLE VI

CHAPTER 1

228

Objectives The objectives of this Title are:

  • a)to ensure adequate and effective protection of intellectual property rights in the territories of the Parties, taking into account the economic situation and the social or cultural needs of each Party; b) to promote and encourage the transfer of technology between the United Kingdom and the Republics of the CA Party(*) in order to enable the establishment of a sound and viable technological base in the Republics of the CA Party; and c) to promote technical and financial cooperation in the field of intellectual property rights between the United Kingdom and the Republics of the CA Party(*).

(*) (Its name thus substituted by the paragraph of the Joint Declarations "Declaración Conjunta sobre Mutatis Mutandis" of the annex of Tratado Internacional, N° 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Previously indicated as "ambas regiones")

229

Nature and Scope of Obligations 1. The Parties shall ensure adequate and effective implementation of the international intellectual property agreements to which they are party, including the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter, the "TRIPS Agreement"). The provisions of this Title shall complement and specify the rights and obligations between the Parties under the TRIPS Agreement and other international agreements on intellectual property.

2. Intellectual property and public health:

  • a)the Parties recognise the importance of the Doha Declaration on the TRIPS Agreement and Public Health adopted on 14 November 2001 by the WTO Ministerial Conference. In interpreting and implementing the rights and obligations under this Title, the Parties shall ensure consistency with that Declaration; b) the Parties shall contribute to the implementation and respect of the Decision of the WTO General Council of 30 August 2003 on the Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health, as well as the Protocol Amending the TRIPS Agreement, done at Geneva on 6 December 2005.

3. a) For the purposes of this Agreement, intellectual property rights encompass copyright, including copyright in computer programs and databases, and related rights; rights related to patents; trademarks; trade names; industrial designs; layout-designs (topographies) of integrated circuits; geographical indications, including designations of origin; plant varieties; and the protection of undisclosed information; b) for the purposes of this Agreement, regarding unfair competition, protection shall be granted in accordance with Article 10bis of the Paris Convention for the Protection of Industrial Property (Stockholm Act, 1967) (hereinafter, the "Paris Convention").

4. The Parties recognise the sovereign right of States over their natural resources and access to their genetic resources, in accordance with the provisions of the Convention on Biological Diversity (1992). Nothing in this Title shall prevent the Parties from adopting or maintaining measures to promote the conservation of biological diversity, the sustainable use of its components, and the fair and equitable sharing of the benefits arising from the utilisation of genetic resources, in accordance with that Convention.

5. The Parties recognise the importance of respecting, preserving, and maintaining the knowledge, innovations, and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity.

230

Most-Favoured-Nation and National Treatment In accordance with Articles 3 and 4 of the TRIPS Agreement and subject to the exceptions provided for therein, each Party shall accord to the nationals of the other Party:

  • a)treatment no less favourable than that it accords to its own nationals with regard to the protection of intellectual property; and b) any advantage, favour, privilege, or immunity granted by it to the nationals of any other country with regard to the protection of intellectual property.
231

Transfer of Technology 1. The Parties agree to exchange views and information on their practices and policies affecting the transfer of technology, both within their respective regions and with third countries, with the aim of creating measures to facilitate information flows, business partnerships, licensing, and subcontracting. Particular attention shall be paid to the conditions necessary to create an appropriate environment to facilitate the transfer of technology between the Parties, including, among others, aspects such as human capital development and the legal framework.

2. The Parties recognise the importance of education and vocational training for the transfer of technology, which can be achieved through academic, professional, and/or business exchange programmes aimed at the transmission of knowledge between the Parties33.

33 The United Kingdom(*) shall promote that academic exchanges take the form of scholarships and that professional and business exchanges take the form of internships in European Union organisations, strengthening of MSMEs, development of innovative industries, and creation of professional clinics so that the knowledge acquired can be applied in the Central American region.

(*) (Its name thus substituted by the paragraph of the Joint Declarations "Declaración Conjunta sobre Mutatis Mutandis" of the annex of Tratado Internacional, N° 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Previously indicated as "Parte UE") 3. The Parties shall adopt measures, as appropriate, to prevent or control licensing practices or conditions pertaining to intellectual property rights that may adversely affect the international transfer of technology and that constitute an abuse of intellectual property rights by right holders or an abuse of obvious information asymmetries in the negotiation of licences.

4. The Parties recognise the importance of creating mechanisms that strengthen and promote investment in the Republics of the CA Party, especially in innovative and high-technology sectors. The United Kingdom(*) shall use its best efforts to offer institutions and companies in its territory incentives aimed at promoting and favouring the transfer of technology to institutions and companies of the Republics of the CA Party, in such a way as to allow them to establish a viable technological platform.

(*) (Thus its name was substituted by the section of the Joint Declarations "Declaración Conjunta sobre Mutatis Mutandis" of the annex of International Treaty No. 9775 of 29 October 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Previously it stated "EU Party") 5. The actions described to achieve the objectives established in this article are developed in Article 55 of Title VI (Economic and Commercial Development) of Part III of this Agreement.

232

Exhaustion The Parties shall be free to establish their own regime for the exhaustion of intellectual property rights, subject to the provisions of the TRIPS Agreement.

STANDARDS CONCERNING INTELLECTUAL PROPERTY RIGHTS

COPYRIGHT AND RELATED RIGHTS

CHAPTER 2

SECTION A

233

Protection Granted The Parties shall comply with:

  • a)the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome, 1961) (hereinafter the "Rome Convention"); b) the Berne Convention for the Protection of Literary and Artistic Works (1886, last amended in 1979) (hereinafter the "Berne Convention"); CENTR-AM/EU/en 296 c) the World Intellectual Property Organization Copyright Treaty (Geneva, 1996) (hereinafter the "WCT"); and d) the World Intellectual Property Organization Performances and Phonograms Treaty (Geneva, 1996) (hereinafter the "WPPT").
234

Term of Copyright The Parties agree that, for calculating the term of protection of copyright, the provisions set out in Articles 7 and 7bis of the Berne Convention shall apply to the protection of literary and artistic works, provided that the minimum term of the duration of the conditions of protection defined in paragraphs 1, 2, 3 and 4 of Article 7 of the Berne Convention shall be seventy years.

235

Term of Related Rights The Parties agree that, for calculating the term of protection of the rights of performers, producers of phonograms and broadcasting organizations, the provisions set out in Article 14 of the Rome Convention shall apply, provided that the minimum term of the duration of the conditions of protection defined in Article 14 of the Rome Convention shall be fifty years.

236

Collective Management of Rights The Parties recognise the importance of the performance of collecting societies and the establishment of agreements between them, for the purpose of mutually fostering easier access and delivery of content between the territories of the Parties, as well as achieving a high level of development in the execution of their tasks.

237

Broadcasting and Communication to the Public34 34 A Party may maintain reservations formulated under the Rome Convention and the WPPT in relation to the rights conferred in this article, and this shall not be understood as a breach of this provision.

1. For the purposes of this provision, communication to the public of a performance or a phonogram means the transmission to the public by any medium, other than broadcasting, of sounds of a performance or the sounds or representations of sounds fixed in a phonogram. For the purposes of this article, "communication to the public" includes making the sounds or representations of sounds fixed in a phonogram audible to the public.

2. In accordance with their national legislation, the Parties shall grant performers the exclusive right to authorise or prohibit the broadcasting and communication to the public of their performances, except where the performance is itself already a broadcast performance or is made from a fixation.

3. Performers and producers of phonograms shall enjoy the right to a single equitable remuneration for the direct or indirect use of phonograms published for commercial purposes for broadcasting or for any communication to the public. In the absence of agreement between performers and producers of phonograms, the Parties may establish the conditions under which such remuneration shall be shared between both categories of right holders.

4. The Parties shall grant broadcasting organizations the exclusive right to authorise or prohibit the rebroadcasting of their broadcasts by wireless means, as well as the communication to the public of their television broadcasts when these are made in places accessible to the public upon payment of an entrance fee.

5. The Parties may establish in their domestic legislation limitations or exceptions to the rights set out in paragraphs 2, 3 and 4 only in certain special cases which do not conflict with a normal exploitation of the subject matter and do not unreasonably prejudice the legitimate interests of the right holders.

TRADEMARKS

SECTION B

238

International Agreements The European Union and the Republics of the CA Party shall make all reasonable efforts to:

  • a)ratify or accede to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid, 1989); and b) comply with the Trademark Law Treaty (Geneva, 1994).
239

Registration Procedure The United Kingdom(*) and the Republics of the CA Party shall establish a system for the registration of trademarks in which each final decision taken by the relevant trademark administration is duly reasoned in writing. Thus, the reasons for refusing to register a trademark shall be communicated in writing to the applicant, who shall have the opportunity to challenge that refusal and to appeal any final refusal before the courts. The United Kingdom(*) and the Republics of the CA Party shall also introduce the possibility of opposing trademark applications. Such opposition proceedings shall be adversarial.

(*) (Thus its name was substituted by the section of the Joint Declarations "Declaración Conjunta sobre Mutatis Mutandis" of the annex of International Treaty No. 9775 of 29 October 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Previously it stated "EU Party")

240

Well-Known Trademarks Article 6bis of the Paris Convention shall apply, mutatis mutandis, to goods or services which are not identical or similar to those identified by a well-known trademark, provided that use of that trademark in relation to those goods or services indicates a connection between those goods or services and the owner of the trademark, and provided that such use is likely to damage the interests of the owner of the trademark. For greater certainty, the Parties may also apply this protection to unregistered well-known trademarks.

241

Exceptions to the Rights Conferred by a Trademark The Parties may provide limited exceptions to the rights conferred by a trademark, such as fair use of descriptive terms. Such exceptions shall take into account the legitimate interests of the owner of the registered trademark and of third parties.

GEOGRAPHICAL INDICATIONS

SECTION C

242

General Provisions 1. The following provisions shall apply to the recognition and protection of geographical indications which are originating in the territory of the Parties.

2. For the purposes of this Agreement, geographical indications are indications which identify a product 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 product is essentially attributable to its geographical origin.

243

Scope of Application and Coverage 1. The Parties reaffirm the rights and obligations set out in Part II, Section 3, of the TRIPS Agreement.

2. The geographical indications of a Party to be protected by the other Party shall only be subject to this article if they are recognised and declared as such in their countries of origin.

244

Protection System 1. The Parties shall maintain in their legislation systems for the protection of geographical indications (Thus the preceding paragraph was amended by subsection 13) subparagraph a) of the annex of International Treaty No. 9775 of 29 October 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") 2. The legislation of the Parties shall contain elements such as:

  • a)a register listing the geographical indications protected in their respective territories; b) an administrative process allowing verification that the geographical indications identify a product as originating in a territory, region, or locality of one of the Parties, where a given quality, reputation, or other characteristic of the product is essentially attributable to its geographical origin; c) a requirement that a registered name corresponds to a specific product or products for which a product specification is envisaged, which may only be amended by the corresponding administrative process; d) control provisions applicable to the production of the product or products; e) a right for any operator established in the area and who submits to the control system to use the protected name provided the product complies with the corresponding specifications; f) a procedure, including the publication of the application, which allows the legitimate interests of prior users of the names to be taken into account, regardless of whether or not such names are protected under a form of intellectual property.
245

Established Geographical Indications The geographical indications listed in Annex XVII shall be processed in accordance with the applicable protection procedures of the United Kingdom, once the corresponding application for protection has been submitted.

(Thus amended by subsection 13) subparagraph b) of the annex of International Treaty No. 9775 of 29 October 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019")

246

Protection Granted 1. The geographical indications listed in Annex XVIII (Protected Geographical Indications), as well as those added pursuant to Article 247, shall be protected, as a minimum, against:

  • a)the use of any means in the designation or presentation of the product that indicates or suggests that the product in question originates in a geographical area other than the true place of origin, in a manner that misleads the public as to the geographical origin of the product; b) the use of a protected geographical indication for the same products not originating in the place designated by the geographical indication in question, even when the true origin of the product is indicated or the geographical indication is used in translation or accompanied by expressions such as "style", "type", "imitation", "like" or similar; c) any other practice that misleads the consumer as to the true origin of the product or any other use that constitutes an act of unfair competition within the meaning of Article 10bis of the Paris Convention.

2. A geographical indication that has been granted protection in one of the Parties, in accordance with Annex XVIII, shall not be deemed to have become generic in that Party of registration, provided that it is protected as a geographical indication in the Party of origin.

(Thus the preceding paragraph was amended by subsection 13) subparagraph c) of the annex of International Treaty No. 9775 of 29 October 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") 3. Where a geographical indication contains a name that is considered generic in one Party, the use of that generic name on the appropriate product in that Party shall not be considered contrary to this article.

4. For geographical indications other than wines and spirits, nothing in this Agreement shall be interpreted to require a Party to prevent continued and similar use of a particular geographical indication of another Party in connection with goods or services, by any of its nationals or domiciliaries who have used that geographical indication in good faith and continuously for those same goods or services, or related ones, in the territory of that Party, before the date on which Part IV of the EU-Central America Agreement was applied.

(Thus the preceding paragraph was amended by subsection 13) subparagraph d) of the annex of International Treaty No. 9775 of 29 October 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019")

247

Addition of New Geographical Indications 1. The Parties agree on the possibility of adding additional geographical indications for wines, spirits, agricultural products and foodstuffs to be protected on the basis of the provisions and procedures established in this Title, as applicable.

Such geographical indications, after successful examination by the national authority, shall be included in Annex XVIII (Protected Geographical Indications) in accordance with the relevant rules and procedures for the Association Council.

(Thus the preceding paragraph was amended by subsection 13) subparagraph f) of the annex of International Treaty No. 9775 of 29 October 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") 2. The date of application for protection shall be the date of transmission of the petition to the other Party to protect a geographical indication, provided the formal requirements of such applications are met.

248

Relationship between Geographical Indications and Trademarks 1. The legislation of the Parties shall ensure that an application for registration of a trademark that corresponds to any of the situations listed in Article 246 for similar products36 shall be refused when said application for registration is filed after the date of application for registration of the geographical indication in the territory concerned37.

36 For the purposes of this article, the Republics of the CA Party consider that the term "similar product" may be understood as "identical or confusingly similar".

37 For the United Kingdom(*), the date of application for protection shall be the date of entry into force of this Agreement for the names listed in Annex XVII.

(Note from Sinalevi: By means of subsection 13) subparagraph f) of the annex of International Treaty No. 9775 of 29 October 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", it was agreed to state that the preceding footnote is not incorporated into the aforementioned Agreement) (*) (Thus its name was substituted by the section of the Joint Declarations "Declaración Conjunta sobre Mutatis Mutandis" of the annex of International Treaty No. 9775 of 29 October 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Previously it stated "EU Party") 2. Similarly, the Parties may, in accordance with their national or regional legislation, establish the circumstances for refusing the protection of geographical indications, including the possibility of not granting protection to a geographical indication when, in light of a well-known or reputed trademark, its protection may mislead consumers as to the true identity of the product.

3. The Parties shall maintain legal means for any natural or legal person having a legitimate interest to request the cancellation or invalidation of a trademark or a geographical indication, providing grounds for their request.

249

Right to Use Geographical Indications Once a geographical indication is protected under this Agreement in a Party other than the Party of origin, the use of the protected name shall not be subject to any registration of users in that Party.

250

Dispute Settlement No Party shall have any recourse to challenge the final decision of a competent national or regional authority regarding the registration or protection of a geographical indication under Title X (Dispute Settlement) of Part IV of this Agreement. Any claim against the protection of a geographical indication shall be brought before the available judicial instances established in accordance with the national or regional legislation of each Party.

INDUSTRIAL DESIGNS

SECTION D

251

International Agreements The European Union and the Republics of the CA Party shall make all reasonable efforts to accede to the Hague Agreement Concerning the International Registration of Industrial Designs (Geneva Act, 1999).

252

Requirements for Protection 1. The Parties shall provide protection for industrial designs created independently that are new38 or original.

38 Where the legislation of a Party so provides, the individual character of said industrial design may also be required.

2. An industrial design shall be considered new when it differs significantly from known designs or combinations of known design features.

3. Such protection shall be granted through registration and shall confer exclusive rights on their holders in accordance with the provisions of this article. Each Party may provide that unregistered industrial designs made available to the public shall confer exclusive rights, but only if the contested use results from copying the protected design.

(Note from Sinalevi: By means of subsection 13) subparagraph g) of the annex of International Treaty No. 9775 of 29 October 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", it is established that for the purposes of Article 252, and to avoid doubt, in the United Kingdom an "unregistered industrial design" is one that is protected by Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs.)

253

Exceptions 1. The Parties may provide limited exceptions to the protection of industrial designs, provided that such exceptions do not unreasonably conflict with the normal exploitation of protected industrial 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.

2. The protection of industrial designs shall not extend to designs dictated essentially by technical or functional considerations.

3. An industrial design shall not confer rights when it is contrary to public order or morality.

254

Rights Conferred 1. The owner of a protected industrial design shall have the right to prevent third parties not having the owner’s consent from making, selling or importing articles bearing or embodying the protected design when such acts are undertaken for commercial purposes.

2. Additionally, the Parties shall ensure effective protection for industrial designs to prevent acts that unjustifiably prejudice the normal exploitation of the design or that are not compatible with fair trade practices, consistent with the provisions of Article 10bis of the Paris Convention.

255

Term of Protection 1. The duration of protection available in the United Kingdom(*) and in the Republics of the CA Party shall be at least ten years. Each Party may provide that the right holder may have the term of protection renewed for one or more periods of five years each, up to the maximum term of protection established in the legislation of each Party.

(*) (Thus its name was substituted by the section of the Joint Declarations "Declaración Conjunta sobre Mutatis Mutandis" of the annex of International Treaty No. 9775 of 29 October 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Previously it stated "EU Party") 2. Where a Party provides protection for unregistered industrial designs, the duration of such protection shall be at least three years.

256

Invalidity or Refusal of Registration 1. The registration of an industrial design may only be refused or declared invalid for compelling and significant reasons which, subject to the national legislation of each Party, may include:

  • a)if the industrial design does not conform to the definition of Article 252, paragraph 1; b) if, by virtue of a judicial decision, the holder of the industrial design is not entitled to it; c) if the industrial design conflicts with a prior design which has been made available to the public after the date of filing of the application or, if priority is claimed, the priority date of the design, and which has been protected from a date prior to the said date by means of a registered design or an application for a design; d) if a distinctive sign is used in a subsequent industrial design and the legislation of the relevant Party governing that sign confers on the right holder of the sign the right to prohibit such use; e) if the industrial design constitutes an unauthorised use of a work protected by the copyright legislation of the relevant Party; f) if the industrial design constitutes an improper use of any of the items listed in Article 6ter of the Paris Convention, or of badges, emblems, and armorial bearings other than those covered by said Article 6ter and which are of particular public interest in a Party; g) if the disclosure of the industrial design is contrary to public order or morality.

2. A Party may provide, as an alternative to invalidity, that an industrial design subject to the grounds set out in paragraph 1 may have limitations imposed on its use.

257

Relationship with Copyright An industrial design protected by an industrial design right, registered in a Party in accordance with this Section, may also be eligible for protection under the copyright legislation of that Party from the date on which the design was created or fixed in any medium.

PATENTS

SECTION E

258

International Agreements 1. The Parties shall comply with the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (1977, amended in 1980).

2. The United Kingdom shall make all reasonable efforts to comply with the Patent Law Treaty (Geneva, 2000), and the Republics of the CA Party shall make reasonable efforts to ratify or accede to said Treaty.

PLANT VARIETY PROTECTION (OBTENCIONES VEGETALES)

SECTION F

259

Plant Variety Protection (Obtenciones Vegetales) 1. The Parties shall grant protection for plant varieties (obtenciones vegetales), either through patents, or through an effective sui generis system, or through a combination thereof.

2. The Parties understand that there is no contradiction between the protection of plant varieties (obtenciones vegetales) and a Party's ability to protect and conserve its genetic resources.

3. The Parties shall have the right to establish exceptions to the exclusive rights granted to plant breeders to allow farmers to save, use, and exchange protected seeds or propagating material.

ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS

CHAPTER 3

260

General Obligations 1. The Parties reaffirm their rights and commitments under the TRIPS Agreement and, in particular, its Part III, and shall establish the following complementary measures, procedures, and remedies necessary to ensure the enforcement of intellectual property rights.

Such measures, procedures, and remedies shall be fair, proportionate, and equitable, and shall not be unnecessarily complex or costly, nor shall they entail unreasonable time-limits or unwarranted delays39.

39 For the purposes of Articles 260 to 272, the notion of "intellectual property rights" shall cover at least the following rights: copyright, including copyright in computer programs and databases, and related rights; rights related to patents; trademarks; industrial designs; layout-designs (topographies) of integrated circuits; geographical indications; plant variety protection (obtenciones vegetales); and trade names, insofar as these are protected as exclusive rights in the relevant national legislation.

2. Such measures and remedies shall also be effective and dissuasive, and shall be applied in such a manner as to avoid the creation of barriers to legitimate trade and to provide for safeguards against their abuse.

261

Entitled Applicants The Parties shall recognize as persons entitled to apply for the application of the measures, procedures, and remedies referred to in this section and in Part III of the TRIPS Agreement:

  • a)the holders of intellectual property rights in accordance with the provisions of the applicable legislation; and b) federations and associations, as well as exclusive licensees and other duly authorized licensees, to the extent permitted by and in accordance with the provisions of the applicable legislation. The term "licensee" shall include the licensee of one or more of the exclusive intellectual property rights encompassed by a given intellectual property.
262

Evidence Where a right holder presents reasonably available evidence to support its claims that its intellectual property right has been infringed on a commercial scale and to substantiate its claims specifies relevant evidence that lies under the control of the opposing party, the Parties shall adopt such measures as are necessary to enable the competent judicial authorities to order, upon application by a party, where appropriate and if provided for by applicable legislation, that the opposing party produce such evidence, subject to the protection of confidential information.

263

Measures for the Protection of Evidence Upon application by a party that has presented reasonably available evidence to support its claims that its intellectual property right has been or will be infringed, the judicial authorities shall be empowered to order prompt and effective provisional measures to protect relevant evidence in respect of the alleged infringement, respecting the protection of confidential information. Such measures may include the detailed description, with or without the taking of samples, or the physical seizure of the infringing goods and, where appropriate, of the materials and implements used in the production and/or distribution of such goods and the documents related thereto. These measures may be adopted, where necessary, without the other party being heard, 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.

264

Right of Information The Parties may provide that, unless it would be disproportionate to the seriousness of the infringement, the judicial authorities may order the infringer to inform the right holder of the identity of third persons involved in the production and distribution of the infringing goods or services, and of their channels of distribution.

265

Provisional and Precautionary Measures 1. Each Party shall provide that its judicial authorities have the authority to order provisional and precautionary measures and to carry them out expeditiously to prevent imminent infringements of intellectual property rights or to prohibit the continuation of alleged infringements. Such measures may be ordered at the request of the right holder, inaudita altera parte or after hearing the defendant, in accordance with the rules of judicial procedure of each Party.

2. Each Party shall ensure that its judicial authorities are empowered to require the applicant to present reasonably available evidence in order to establish to their satisfaction, 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 reasonable security or equivalent surety sufficient to protect the defendant and to prevent abuse, as well as so as not to unreasonably deter recourse to such procedures.

266

Corrective Measures 1. Each Party shall ensure that:

  • a)its judicial authorities are empowered to order, at the applicant's request, and without prejudice to any damages due to the right holder by reason of the infringement, the destruction of goods that have been found to be pirated or counterfeit, or other appropriate measure to definitively remove those goods from the channels of commerce; b) its judicial authorities are empowered to order, in appropriate cases, that materials and implements principally used in the manufacture or creation of such pirated or counterfeit goods be destroyed without compensation of any sort or, in exceptional circumstances, disposed of outside the channels of commerce in such a manner as to minimize the risk of further infringements. In considering requests for such corrective measures, the judicial authorities of the Party may take into account, inter alia, the seriousness of the infringement, as well as the interests of third parties holding rights in rem, possessory rights, or a contractual or secured interest.

2. Each Party may provide that charitable donations of counterfeit trademark goods and goods infringing copyright and related rights, if permitted by national legislation, shall not be ordered by the judicial authorities without the authorization of the right holder or that such goods may be donated for charitable purposes only under certain conditions that may be established in accordance with national legislation. In no case shall the simple removal of the unlawfully affixed trademark be sufficient to permit the release of the goods into the channels of commerce, except in cases established in national legislation and other international obligations.

3. In considering requests for corrective measures, the Parties may grant their judicial authorities the authority to take into account, inter alia, the seriousness of the infringement, as well as the interests of third parties holding rights in rem, possessory rights, or a contractual or secured interest.

4. The judicial authorities shall order that these measures be carried out at the expense of the infringer, except in exceptional circumstances.

5. In accordance with national legislation, the Parties may establish other corrective measures related to goods that have been found to be pirated or counterfeit, as well as with respect to materials and implements principally used in the manufacture or creation of such goods.

267

Damages (Daños y Perjuicios) The judicial authorities shall be empowered to order the infringer to pay the right holder adequate damages to compensate for the injury the right holder has suffered because of an infringement of his intellectual property right, caused by an infringer who knowingly, or with reasonable grounds to know, engaged in infringing activity. In appropriate cases, the Parties may authorize the judicial authorities to order the recovery of profits and/or the payment of pre-established damages, even where the infringer did not know, or had no reasonable grounds to know, that he was engaging in infringing activity.

268

Legal Costs The Parties shall ensure that reasonable and proportionate legal costs and other expenses incurred by the successful party shall, as a general rule, be borne by the unsuccessful party, unless it would not be permitted for reasons of equity, in accordance with national legislation.

269

Publication of Judicial Decisions The Parties may provide that, in judicial proceedings instituted for infringement of an intellectual property right, the judicial authorities may order, at the request of the applicant and at the expense of the infringer, appropriate measures for the dissemination of information concerning the decision, including displaying the decision and publishing it in whole or in part. The Parties may provide for other additional publicity measures that are appropriate to the particular circumstances of each case, including prominent advertising.

270

Presumption of Authorship or Ownership For the purposes of applying the measures, procedures, and remedies provided for in this Title, it shall be sufficient for the holders of copyright or related rights, with respect to their protected material, for their name to appear on the work in the usual manner for them to be considered as such, and, therefore, they shall have standing to institute infringement proceedings, in the absence of proof to the contrary.

271

Criminal Sanctions The Parties shall establish criminal procedures and penalties at least for cases of willful trademark counterfeiting or copyright piracy on a commercial scale. The available remedies shall include imprisonment and/or the imposition of monetary fines sufficiently dissuasive that are consistent with the level of penalties applied for crimes of a corresponding gravity. When appropriate, the available remedies shall also include the seizure, forfeiture, and destruction of the infringing goods and of all materials and implements predominantly used for the commission of the offense. The Parties may provide for the application of criminal procedures and penalties in other cases of infringement of intellectual property rights, in particular when committed willfully and on a commercial scale.

272

Limitations on Liability of Service Providers The Parties agree to maintain the limitations on the liability of service providers currently provided for in their respective legislation, fundamentally:

  • a)for the United Kingdom (*): those provided for in Directive 2000/31/EC, on electronic commerce; (*) (Thus substituted its denomination by the section of the Joint Declarations "Declaración Conjunta sobre Mutatis Mutandis" of the annex of International Treaty, N° 9775 of October 29, 2019, "Agreement Establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on the 18th day of July, 2019; its Annex, its Joint Declarations, and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and of the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama on Section 8 of the Annex to the Agreement Establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019". Previously indicated "EU Party") b) for the Republics of the CA Party: those adopted at the national level in order to comply with their international obligations.

A Party may defer the implementation of the provisions of this Article for a period not exceeding three years, from the date of entry into force of this Agreement.

273

Border Measures 1. The Parties recognize the importance of coordination in customs matters and, therefore, undertake to promote the application of enforcement at customs in relation to counterfeit trademark and pirated goods, specifically through the exchange of information and coordination between the customs administrations of the Parties.

2. Unless otherwise provided in this Chapter, the Parties shall adopt procedures enabling a right holder, who has valid grounds for suspecting that the importation, exportation, re-exportation, entry into or exit from the customs territory, placement under a suspensive procedure, or placement in a free zone or customs warehouse of goods infringing trademarks or copyright may take place, to lodge an application in writing with the competent authorities, administrative or judicial, for the customs authorities to suspend the release of such goods into free circulation or for them to be seized. It is understood that there is no obligation to apply such procedures to imports of goods put on the market in another country by the right holder or with his consent.

3. Any of the rights or obligations established in Section 4 of the TRIPS Agreement relating to the importer shall be applicable to the exporter or to the holder of the goods.

4. Each Party shall provide that its competent authorities may initiate border measures ex officio in cases of importation, exportation, and transit.

INSTITUTIONAL PROVISIONS

CHAPTER 4

274

Subcommittee on Intellectual Property 1. The Parties establish the Subcommittee on Intellectual Property, in accordance with Article 348 and as established in Annex XXI (Subcommittees), with the aim of monitoring the implementation of Article 231 and Section C (Geographical Indications) of Chapter 2 of this Title.

2. The functions of the Subcommittee include:

  • a)recommending to the Association Committee, for approval by the Association Council, the modification of the list of geographical indications in Annex XVIII (Protected geographical indications); b) exchanging information on geographical indications for purposes of considering their protection in accordance with this Agreement, as well as on geographical indications whose protection ceases in their country of origin; c) promoting the transfer of technology from the United Kingdom (*) to the Republics of the CA Party; (*) (Thus substituted its denomination by the section of the Joint Declarations "Declaración Conjunta sobre Mutatis Mutandis" of the annex of International Treaty, N° 9775 of October 29, 2019, "Agreement Establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on the 18th day of July, 2019; its Annex, its Joint Declarations, and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and of the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama on Section 8 of the Annex to the Agreement Establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019". Previously indicated "EU Party") d) defining the priority areas in which technology transfer, research and development, and human capital development initiatives will be directed; e) maintaining an inventory or register of programs, activities, or initiatives under implementation in the field of intellectual property, in particular on technology transfer; f) making relevant recommendations to the Association Committee on matters within its competence; and g) any other matter instructed by the Association Committee.
275

Cooperation and Technical Assistance in Intellectual Property The Parties agree that it is in their common interest to promote mutual cooperation and technical assistance initiatives on matters related to this Title. In this regard, the Parties have identified various cooperation activities, which are set out in Article 55 of Title VI (Economic and Commercial Development) of Part III of this Agreement.

276

Final Provisions 1. Panama may delay the implementation of the provisions of Articles 233, subparagraphs c) and d); 234; 238, subparagraph b); 240; 252, paragraphs 1 and 2; 255, paragraph 2; 256; 258, paragraph 1; 259; 266, paragraph 4; and 271, for a period not exceeding two years, from the date of entry into force of this Agreement.

2. Panama shall accede to the Patent Cooperation Treaty (Washington 1970, amended in 2001) within a period not exceeding two years, from the date of entry into force of this Agreement.

TRADE AND COMPETITION

TITLE VII

277

Definitions For the purposes of this Title:

1. "Competition laws" means:

  • a)for the United Kingdom (*), Articles 101, 102, and 106 of the Treaty on the Functioning of the European Union, Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings, and their implementing regulations and amendments; (*) (Thus substituted its denomination by the section of the Joint Declarations "Declaración Conjunta sobre Mutatis Mutandis" of the annex of International Treaty, N° 9775 of October 29, 2019, "Agreement Establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on the 18th day of July, 2019; its Annex, its Joint Declarations, and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and of the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama on Section 8 of the Annex to the Agreement Establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019". Previously indicated "EU Party") b) for the CA Party, the Central American Competition Regulation (Reglamento Centroamericano sobre Competencia) (hereinafter, "the Regulation"), which shall be established in accordance with Article 25 of the Protocol to the General Treaty on Central American Economic Integration (Protocol of Guatemala) and Article 21 of the Framework Agreement for the Establishment of the Central American Customs Union (Guatemala, 2007); CENTR-AM/EU/en 333 c) until such time as the Regulation is adopted in accordance with Article 279, "competition laws" means the national competition laws that each of the Republics of the CA Party has adopted or maintained in accordance with Article 279; and d) any amendment that may occur in the aforementioned instruments after the entry into force of this Agreement.

2. "Competition authority" means:

  • a)for the UK Party, the Competition and Markets Authority; (Thus amended the preceding paragraph by section 14 of the annex of International Treaty, N° 9775 of October 29, 2019, "Agreement Establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on the 18th day of July, 2019; its Annex, its Joint Declarations, and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and of the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama on Section 8 of the Annex to the Agreement Establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019") b) for the CA Party, the Central American Competition Body (Órgano Centroamericano de Competencia), which the CA Party shall establish and designate in its Competition Regulation; and c) until such time as the Central American Competition Body is established and operational in accordance with Article 279, "competition authority" means the national competition authority of each of the Republics of the CA Party.
278

Principles 1. The Parties recognize the importance of free and undistorted competition in their trade relations. The Parties recognize that anticompetitive practices may affect the proper functioning of markets and the benefits of trade liberalization.

2. Therefore, the Parties agree that the following is incompatible with this Agreement, to the extent it may affect trade between the Parties:

  • a)agreements between undertakings, decisions by associations of undertakings, and concerted practices between undertakings, which have as their object or effect the prevention, restriction, or distortion of competition40 as specified in their respective competition laws; 40 For greater certainty, this paragraph shall not be interpreted as a limitation on the scope of the analyses to be carried out in cases of application of agreements between undertakings, decisions by associations of undertakings, and concerted practices between undertakings, as established in the Parties' national competition laws.
  • b)any abuse, by one or more undertakings, of a dominant position or substantial market power or notable market share, as specified in their respective competition laws; and c) concentrations between undertakings that significantly impede effective competition, as specified in their respective competition laws.
279

Implementation 1. The Parties shall adopt or maintain in force comprehensive competition laws to effectively address the anticompetitive practices referred to in Article 278, paragraph 2, subparagraphs a) to c). The Parties shall establish or maintain designated competition authorities appropriately equipped for the transparent and effective implementation of the competition laws.

2. If, upon the entry into force of this Agreement, any of the Parties has not yet adopted competition laws in accordance with Article 277, paragraph 1, subparagraphs a) or b), or has not designated a competition authority in accordance with Article 277, paragraph 2, subparagraphs a) or b), it shall do so within a period of seven years. Upon the completion of such transition period, the terms "competition laws" and "competition authority" referred to in this Title shall be understood only as those defined in Article 277, paragraph 1, subparagraphs a) and b), and paragraph 2, subparagraphs a) and b).

3. If, at the time of entry into force of this Agreement, a Republic of the CA Party has not yet adopted competition laws in accordance with Article 277, paragraph 1, subparagraph c), nor designated a competition authority in accordance with Article 277, paragraph 2, subparagraph c), it shall do so within a period of three years.

4. No provision of this Title shall prejudge the powers assigned by the Parties to their respective regional and national authorities for the effective and coherent implementation of their competition laws.

280

Public Undertakings or Undertakings Entrusted with Special or Exclusive Rights, including Designated Monopolies 1. No provision of this Title shall prevent a Republic of the CA Party or a Member State of the United Kingdom from designating or maintaining public undertakings, undertakings entrusted with special or exclusive rights, or monopolies according to their national legislation.

2. The entities referred to in paragraph 1 shall be subject to the competition laws insofar as the application of such laws does not obstruct the performance, in law or in fact, of the particular tasks assigned to them by a Republic of the CA Party or by a Member State of the United Kingdom.

3. The Parties shall ensure that, from the entry into force of this Agreement, no discrimination41 is exercised by such entities regarding the conditions under which goods and services are purchased and sold, neither between natural or legal persons of any of the Parties nor between goods originating in any of the Parties.

41 "Discrimination" means a measure that does not comply with national treatment, as established in the relevant provisions of this Agreement.

4. No provision of this Title shall affect the rights and obligations of the Parties established under Title V (Public Procurement) of Part IV of this Agreement.

281

Exchange of Non-Confidential Information and Cooperation in Enforcement 1. In order to facilitate the effective application of their respective competition laws, the competition authorities may exchange non-confidential information.

2. The competition authority of a Party may request cooperation from the competition authority of the other Party with respect to enforcement activities. Such cooperation shall not prevent the Parties from taking decisions autonomously.

3. No Party is obliged to communicate information to the other Party. In the event that a Party decides to communicate information, such Party may withhold information if the communication of such information is prohibited by the laws and regulations of the Party possessing the information or if such communication is incompatible with its interests. A Party may require that information communicated under this Article be used in accordance with the terms and conditions it specifies.

282

Cooperation and Technical Assistance The Parties agree that it is in their common interest to promote technical assistance initiatives related to competition policy and law enforcement activities. This cooperation is addressed in Article 52 of Title VI (Economic and Commercial Development) of Part III of this Agreement.

283

Dispute Settlement The Parties may not resort to the dispute settlement procedure of Title X (Dispute Settlement) of Part IV of this Agreement for matters arising under this Title.

TRADE AND SUSTAINABLE DEVELOPMENT

TITLE VIII

284

Context and Objectives 1. The Parties recall Agenda 21 on Environment and Development of 1992, the Johannesburg Plan of Implementation on Sustainable Development of 2002, as well as the 2006 Ministerial Declaration on Full and Productive Employment and Decent Work for All of the Economic and Social Council of the United Nations. The Parties reaffirm their commitment to promoting the development of international trade in such a way as to contribute to the objective of sustainable development and to ensuring that this objective is integrated and reflected at all levels of their trade relationship. To this end, the Parties recognize the importance of taking into account the best economic, social, and environmental interests, not only of their respective populations, but also of future generations.

2. The Parties reaffirm their commitment to achieving sustainable development, whose pillars – economic development, social development, and environmental protection – are interdependent and mutually reinforcing. The Parties highlight the benefit of considering trade-related social and environmental issues as part of a global approach to trade and sustainable development.

3. The Parties agree that this Title incorporates a cooperative approach based on common values and interests, taking into account the differences in their levels of development, as well as respect for their present and future needs and aspirations.

4. The Parties may not resort to the dispute settlement procedures of Title X (Dispute Settlement) of Part IV of this Agreement, nor to the mediation mechanism for non-tariff measures provided for in Title XI (Mediation Mechanism for Non-Tariff Measures) of Part IV of this Agreement, for matters arising in relation to this Title.

285

Right to regulate and levels of protection 1. The Parties reaffirm respect for their respective Constitutions42 and for their rights established therein to regulate in order to establish their own sustainable development priorities, their own domestic levels of environmental and social protection, and to adopt or modify their relevant legislation and policies accordingly.

42 For the United Kingdom(*), this refers to the Constitutions of the Member States of the European Union, the Treaty on European Union, the Treaty on the Functioning of the European Union, and the Charter of Fundamental Rights of the European Union.

(*) (Name thus substituted by the paragraph of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex to International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Paragraph 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019". Previously indicated as "EU Party") 2. Each Party shall seek to ensure that its legislation and policies provide for and encourage high levels of environmental and labor protection, appropriate to its social, environmental and economic conditions, and consistent with internationally recognized standards and with the agreements referred to in Articles 286 and 287 to which they are party, and shall seek to improve such legislation and policies insofar as they are not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination between the Parties or a disguised restriction on international trade.

286

Multilateral labor standards and agreements 1. Recalling the 2006 Ministerial Declaration on Full and Productive Employment and Decent Work for All of the Economic and Social Council of the United Nations, the Parties recognize that full and productive employment and decent work for all, which encompasses social protection, fundamental principles and rights at work, and social dialogue, are key elements of sustainable development for all countries and, therefore, a priority objective of international cooperation. In this context, the Parties reaffirm their willingness to promote the development of macroeconomic policies that foster the generation of full and productive employment and decent work for all, including men, women and young people, with full respect for fundamental principles and rights at work, under conditions of equity, equality, security and dignity.

The Parties, in accordance with their obligations as members of the ILO, reaffirm their commitments to respect, promote and develop, in good faith and in accordance with the ILO Constitution, the principles concerning fundamental rights, which are the subject of the ILO Fundamental Conventions, namely:

  • a)freedom of association and the effective recognition of the right to collective bargaining; b) the elimination of all forms of forced or compulsory labor; c) the effective abolition of child labor; and d) the elimination of discrimination in respect of employment and occupation.

2. The Parties reaffirm their commitment to effectively implement, in their law and practice, the ILO Fundamental Conventions contained in the 1998 ILO Declaration on Fundamental Principles and Rights at Work, which are the following:

  • a)Convention 138, concerning Minimum Age for Admission to Employment; b) Convention 182, concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour; c) Convention 105, concerning the Abolition of Forced Labour; d) Convention 29, concerning Forced or Compulsory Labour; e) Convention 100, concerning Equal Remuneration for Men and Women Workers for Work of Equal Value; f) Convention 111, concerning Discrimination in Respect of Employment and Occupation; g) Convention 87, concerning Freedom of Association and Protection of the Right to Organise; and h) Convention 98, concerning the Application of the Principles of the Right to Organise and to Bargain Collectively.

3. The Parties shall exchange information on their respective situations and progress regarding the ratification of other ILO Conventions.

4. The Parties stress that labor standards should never be invoked or otherwise used for protectionist trade purposes and that the comparative advantage of any Party should not be called into question.

5. The Parties undertake to consult and cooperate, as appropriate, on trade-related labor issues of mutual interest.

287

Multilateral environmental standards and agreements 1. The Parties recognize that international environmental governance and agreements are important elements for addressing global or regional environmental problems, and stress the need to enhance mutual support between trade and environment. The Parties undertake to consult and cooperate, as appropriate, on trade-related environmental issues of mutual interest.

2. The Parties reaffirm their commitment to effectively implement in their law and practice the multilateral environmental agreements to which they are party, including:

  • a)the Montreal Protocol on Substances that Deplete the Ozone Layer; b) the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal; c) the Stockholm Convention on Persistent Organic Pollutants; d) the Convention on International Trade in Endangered Species of Wild Fauna and Flora (hereinafter, "CITES"); e) the Convention on Biological Diversity; f) the Cartagena Protocol on Biosafety to the Convention on Biological Diversity; and g) the Kyoto Protocol to the United Nations Framework Convention on Climate Change.43 43 For greater certainty, the reference to the multilateral environmental agreements in Article 287, paragraph 2, shall encompass the protocols, amendments, annexes, and modifications ratified by the Parties.

3. The Parties undertake to ensure that they have ratified, by the date of entry into force of this Agreement, the Amendment to Article XXI of CITES, adopted in Gaborone (Botswana) on April 30, 1983.

4. The Parties also undertake, to the extent they have not already done so, to ratify and effectively implement, no later than the date of entry into force of this Agreement, the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade.

5. Nothing in this Agreement shall be interpreted to prevent the adoption or application by any Party of measures to implement the agreements referred to in this Article, provided that such measures are not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination between countries where the same conditions prevail or a disguised restriction on international trade.

288

Trade favoring sustainable development 1. The Parties reconfirm that trade should promote sustainable development in all its dimensions. In this context, they recognize the value of international cooperation in support of efforts to develop trade schemes and practices that favor sustainable development and agree to work together within the framework of Articles 288, 289 and 290, with the aim of developing collaborative approaches, as appropriate.

2. The Parties shall seek to:

  • a)consider those situations where the elimination or reduction of obstacles to trade would benefit trade and sustainable development, taking into account, in particular, the interactions between environmental measures and market access; b) facilitate and promote trade and foreign direct investment in environmental technologies and services, renewable energy, and energy-efficient goods and services, including by addressing related non-tariff obstacles; c) facilitate and promote trade in products that respond to sustainability considerations, including products subject to schemes such as fair and ethical trade, eco-labeling and organic production, corporate social responsibility and accountability; and d) facilitate and promote the development of practices and programs aimed at fostering appropriate economic returns from the conservation and sustainable use of the environment, such as ecotourism.
289

Trade in forest products In order to promote the sustainable management of forest resources, the Parties undertake to work together to improve forest law enforcement and governance, as well as to promote legal and sustainable trade in forest products, through instruments that may include, inter alia: the effective use of CITES with respect to endangered timber species; certification schemes for sustainably harvested forest products; and regional or bilateral voluntary partnership agreements on forest law enforcement, governance and trade (hereinafter, "FLEGT").

290

Trade in fishery products 1. The Parties recognize the need to promote sustainable fisheries in order to contribute to the conservation of fish stocks and to sustainable trade in fishery resources.

2. To this end, the Parties undertake to:

  • a)adhere to the principles of the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, and effectively implement them, in relation to: the sustainable use, conservation and management of straddling fish stocks and highly migratory fish species; international cooperation among States; support for scientific advice and research; the implementation of effective monitoring, control and inspection measures; and the duties of the flag State and the port State, including compliance and enforcement; b) cooperate, including with and within relevant regional fisheries management organizations, in order to prevent illegal, unreported and unregulated ("IUU") fishing, including through the adoption of effective tools to implement control and inspection systems that ensure full compliance with conservation measures; c) exchange scientific information and non-confidential commercial information, in order to exchange experiences and best practices in the field of sustainable fisheries and, more generally, to promote a sustainable approach to fisheries.

3. The Parties agree, to the extent they have not already done so, to adopt port State measures in accordance with the Agreement of the Food and Agriculture Organization of the United Nations on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, implement control and inspection systems, as well as incentives and obligations for rational and sustainable management of fisheries and coastal ecosystems in the long term.

291

Maintenance of levels of protection 1. The Parties recognize that it is inappropriate to promote trade or investment by reducing the levels of protection provided for in their domestic environmental and labor legislation.

2. A Party shall not waive or derogate from, or offer to waive or derogate from, its labor and environmental legislation in a manner that affects trade or as an incentive for the establishment, acquisition, expansion or retention of an investment or of an investor in its territory.

3. A Party shall not fail to effectively enforce its labor and environmental legislation in a manner that affects trade or investment between the Parties.

4. Nothing in this Title shall be interpreted to empower the authorities of one Party to carry out enforcement activities oriented towards enforcing legislation in the territory of the other Party.

292

Scientific information The Parties recognize the importance, when preparing and implementing measures aimed at protecting the environment or occupational health and safety, of taking into account scientific and technical information, as well as relevant international standards, guidelines or recommendations, while recognizing at the same time that, where there are threats of serious or irreversible damage, the absence of absolute scientific certainty shall not be used as a reason for postponing protective measures.

293

Sustainability review The Parties undertake to jointly review, monitor and assess the contribution to sustainable development of Part IV of this Agreement, including the cooperation activities under Article 302.

294

Institutional and monitoring mechanism 1. Each Party shall designate an office within its administration to serve as a Contact Point for the purpose of implementing the trade-related aspects of sustainable development. Upon the entry into force of this Agreement, the Parties shall submit to the Association Committee the complete contact information of their Contact Points.

2. The Parties establish a Board on Trade and Sustainable Development44, which shall be composed of high-level authorities from the administrations of each Party. Before each meeting of the Board, the Parties shall inform each other of the identity and contact information of their respective representatives.

44 The Board on Trade and Sustainable Development shall report on its activities to the Association Committee.

3. The Board on Trade and Sustainable Development shall meet during the first year from the date this Agreement enters into force, and subsequently as necessary, to oversee the implementation of this Title, including the cooperation activities carried out under Title VI (Economic and Trade Development) of Part III of this Agreement. The decisions and recommendations of the Board shall be adopted by mutual agreement between the Parties and shall be made available to the public, unless the Board decides otherwise.

4. Each Party shall convene new or existing advisory groups on trade and sustainable development45. These groups shall be responsible for providing their views and making recommendations on the trade-related aspects of sustainable development, and for advising the Parties on how best to achieve the objectives of this Title.

45 In exercising the right of the Parties to use existing advisory groups for the implementation of the provisions of this Title, the Parties shall give existing bodies the opportunity to strengthen and develop their activities with the new perspectives and scopes of work provided for in this Title. To this end, the Parties may use existing national advisory groups.

5. The Parties' advisory groups shall be composed of representative and independent organizations, with a balanced participation of relevant economic, social and environmental stakeholders, including, among others, employer and worker organizations, business associations, non-governmental organizations and local public authorities.

295

Civil Society Dialogue Forum 1. The Parties agree to organize and facilitate a bi-regional Civil Society Dialogue Forum for open dialogue, with a balanced representation of environmental, economic and social stakeholders. The Civil Society Dialogue Forum shall conduct a dialogue covering the sustainable development aspects of the trade relationship between the Parties, as well as how cooperation can contribute to achieving the objectives of this Title. The Civil Society Dialogue Forum shall meet once a year, unless the Parties agree otherwise46.

46 For greater certainty, policy-making and other typical functions of government shall not be delegated to the Civil Society Dialogue Forum.

2. Unless the Parties agree otherwise, each meeting of the Board shall include a session in which its members shall inform the Civil Society Dialogue Forum on the implementation of this Title. In turn, the Civil Society Dialogue Forum may express its views and opinions in order to promote dialogue on how best to achieve the objectives of this Title.

296

Governmental consultations 1. A Party may request consultations with another Party regarding any matter of mutual interest arising under this Title by delivering a written request to the other Party's Contact Point. In order for the Party receiving the request to be able to respond, the request shall contain information that is sufficiently specific to present the matter clearly and objectively, identifying the problem at issue and providing a brief summary of its claims under this Title. Consultations shall commence without delay after a Party delivers a request for consultations.

2. The consulting Parties shall make all efforts to reach a mutually satisfactory solution to the matter, taking into consideration the information exchanged between the consulting Parties and the opportunities for cooperation on the matter. During consultations, special attention shall be paid to the particular problems and interests of the Parties that are developing countries.

The consulting Parties shall take into consideration the activities of the ILO or other relevant multilateral environmental bodies or organizations to which they are party. Where appropriate, the consulting Parties may, by mutual agreement, seek advice or assistance from these organizations or bodies, or from any natural or legal person they consider appropriate, in order to fully examine the matter at issue.

3. If ninety days after the request for consultations, a consulting Party considers that the matter requires further discussion, and unless the consulting Parties agree otherwise, the matter shall be referred for consideration to the Board on Trade and Sustainable Development by delivering a written request to the Contact Points of the other Parties. The Board on Trade and Sustainable Development shall meet without delay in order to help reach a mutually satisfactory solution. If it considers it necessary, the Board on Trade and Sustainable Development may seek the assistance of experts in the field, with the aim of facilitating its analysis.

4. Any solution to the matter reached by the consulting Parties shall be made public, unless the Board on Trade and Sustainable Development decides otherwise.

297

Panel of Experts 1. Unless the consulting Parties decide otherwise, a consulting Party may, sixty days after a matter is referred to the Board on Trade and Sustainable Development or, if the matter is not referred to the Board, ninety days after the delivery of the request for consultations under Article 296, paragraphs 1 and 3, respectively, request that a Panel of Experts be convened to examine a matter that has not been satisfactorily addressed through governmental consultations. The Parties to the proceedings may submit communications to the Panel of Experts.

2. Upon the entry into force of this Agreement, the Parties shall submit to the Association Committee, for approval by the Council at its first meeting, a roster of seventeen individuals, including at least five individuals who are not nationals of any Party, with experience in environmental law, international trade, or dispute settlement under international agreements; and a roster of seventeen individuals, including at least five individuals who are not nationals of any Party, with experience in labor law, international trade, or dispute settlement under international agreements. Experts who are not nationals of any Party may serve as Chairs of the Panel of Experts. Experts shall: i) be independent and not be affiliated with or accept instructions from any Party or organization represented in the advisory group or groups; and ii) be selected on the basis of objectivity, reliability, and sound judgment.

3. The Parties shall agree on substitutes for experts who are no longer available to serve on such panels and may otherwise agree to modify the roster in such manner and at such time as they deem necessary.

298

Composition of the Panel of Experts 1. The Panel of Experts shall be composed of three experts.

2. The Chair shall not be a national of any of the Parties.

3. Each Party to the proceedings shall select an expert from the roster of experts within thirty days of receipt of the request for establishment of the Panel of Experts. If a Party does not select an expert within that period, the other Party to the proceedings shall select from the roster of experts a national of the Party to the proceedings that has not selected an expert. The two selected experts shall choose the Chair, by agreement or by lot, from among the experts who are not nationals of any of the Parties.

4. Individuals may not serve as experts in a matter in which they, or an organization with which they are affiliated, has a direct or indirect conflict of interest. Upon being selected to serve as an expert in a particular matter, each expert must disclose the existence or development of any interest, relationship, or matter that such expert can reasonably be expected to know and that could affect or give rise to reasonable doubts about the independence or impartiality of that expert.

5. If any Party to the proceedings believes that an expert breaches the requirements set out in paragraph 4, the Parties to the proceedings shall consult without delay and, if they so agree, the expert shall be removed and a new expert shall be selected in accordance with the procedures set out in paragraph 3 that were used to select the expert who was removed.

6. Unless the Parties to the proceedings agree otherwise in accordance with Article 301, paragraph 2, the Panel of Experts shall be established no later than sixty days after the request of the Party.

299

Rules of procedure 1. The Panel of Experts shall draw up a timetable ensuring that the Parties to the proceedings may submit written communications and relevant information.

2. The Panel of Experts and the Parties shall ensure the protection of confidential information in accordance with the principles in Title X (Dispute Settlement) of Part IV of this Agreement.

3. The mandate of the Panel of Experts shall be:

"to examine whether there has been a failure by a Party to comply with the obligations set out under Articles 286, paragraph 2; 287, paragraphs 2, 3 and 4; and 291 of this Title, and to formulate non-binding recommendations for resolving the matter; in the case of questions related to the application of legislation, the mandate of the Panel of Experts shall be to determine whether there has been a sustained or recurring failure by a Party to effectively implement its obligations".

300

Initial report 1. The Panel of Experts shall use the communications and allegations submitted by the Parties to the proceedings as the basis for its report. In the course of the proceedings, the Parties shall have an opportunity to comment on the documents or information that the Panel considers relevant to its work.

2. Within one hundred and twenty days of the date of establishment of the Panel of Experts, the Panel shall submit to the Parties to the proceedings an initial report including its recommendations. Where the Panel considers that it cannot submit its report within one hundred and twenty days, it shall inform the Parties to the proceedings in writing of the reasons for the delay and an estimate of the period within which it will submit its report.

3. The Panel's recommendations shall take into account the particular socioeconomic situation of the Parties.

4. The Parties to the proceedings may submit written comments to the Panel on its initial report within thirty days of its submission.

5. After receiving any written comments, the Panel, on its own initiative or at the request of any Party to the proceedings, may:

  • a)where relevant, seek the views of the Parties to the proceedings on the written comments; b) reconsider its report; or c) make any further examination it considers appropriate.

The final report of the Panel shall include a discussion of the arguments incorporated in the written comments of the Parties.

301

Final report 1. The Panel shall submit to the Parties to the proceedings and to the Board on Trade and Sustainable Development a final report no later than one hundred and eighty days after the date on which the Panel was established. The Parties shall make the final report public within fifteen days of its submission.

2. The Parties to the proceedings may decide, by mutual agreement, to extend the time limits set out in paragraph 1, as well as those in Articles 298, paragraph 6, and 300, paragraph 4.

3. The Parties to the proceedings, taking into consideration the report and recommendations of the Panel of Experts, shall seek to discuss the measures to be implemented, including, where appropriate, possible cooperation to support the implementation of such measures. The Party to which the recommendations are addressed shall inform the Board on Trade and Sustainable Development of its intentions regarding the report and recommendations of the Panel of Experts, including, as appropriate, by submitting an action plan. The Board on Trade and Sustainable Development shall monitor the implementation of the actions that the Party has determined.

302

Cooperation and technical assistance on trade and sustainable development The cooperation and technical assistance measures related to this Title are set out in Title VI (Economic and Trade Development) of Part III of this Agreement.

REGIONAL ECONOMIC INTEGRATION

TITLE IX

303

General provisions 1. The Parties highlight the importance of the region-to-region dimension and recognize the importance of regional economic integration in the context of this Agreement. Consequently, they reaffirm their willingness to strengthen and deepen their respective regional economic integration processes, within the applicable frameworks.

2. The Parties recognize that regional economic integration in matters of customs procedures, technical regulations, and sanitary and phytosanitary measures is essential for the free movement of goods in Central America and the United Kingdom(*).

(*) (Name thus substituted by the paragraph of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex to International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Paragraph 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019". Previously indicated as "EU Party") 3. Therefore, and taking into account the different level of development of their respective regional economic integration processes, the Parties agree to the following provisions.

304

Customs Procedures 1. In customs matters, no later than two years after the entry into force of this Agreement, the customs authority of the Republic of the CA Party of first entry shall grant the refund of the duty paid when such goods are exported to another Republic of the CA Party. Such goods shall be subject to the customs duties of the Republic of the CA Party of importation.

2. The Parties shall endeavour to implement a mechanism ensuring that goods originating in Central America or the European Union in accordance with Annex II (Concerning the definition of the concept of "originating products" and methods of administrative cooperation) of this Agreement that enter their respective territory and have been cleared at the import customs office may not be subject to customs duties or charges having an equivalent effect, or to quantitative restrictions or measures having an equivalent effect.

3. The Parties agree that their respective customs legislation and procedures shall provide for the use of a single administrative document or its electronic equivalent in the United Kingdom(*) and in the CA Party, respectively, for the purpose of establishing import and export customs declarations. The CA Party undertakes to achieve this objective three years after the entry into force of this Agreement.

(*) (Thus replaced its denomination by the section of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex of International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Section 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019". Previously it indicated "EU Party") 4. The Parties shall also ensure that customs legislation, customs procedures and requirements related to importation applicable to goods originating in Central America or the European Union are harmonized at the regional level. The CA Party undertakes to achieve this objective no later than five years after the entry into force of this Agreement.

305

Technical Barriers to Trade 1. Regarding technical regulations and conformity assessment (evaluación de la conformidad) procedures:

(Note from Sinalevi: By means of subparagraph a) of paragraph 15) of the annex of International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Section 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019", it was agreed to indicate that the preceding paragraph is not incorporated into the aforementioned Agreement) a) the Parties agree that the Member States of the European Union shall ensure that products originating in Central America that have been lawfully placed on the market of a Member State of the European Union may also be marketed in the other Member States of the European Union, provided that the product offers an equivalent level of protection of the various legitimate interests involved (principle of mutual recognition (principio de reconocimiento mutuo)); b) in this regard, the Member States of the European Union shall accept, provided that the product offers an equivalent level of protection of the various legitimate interests involved, that a product that has fulfilled the conformity assessment procedures required by a Member State of the European Union may be placed on the market of the other Member States of the European Union without having to undergo an additional conformity assessment procedure.

2. Where harmonized regional import requirements exist, products originating in the European Union shall have to comply with the regional requirements in order to be lawfully marketed in the Republic of the CA Party of first importation. In accordance with this Agreement, when a product is covered by harmonized legislation and a registration must be carried out, the registration carried out in one of the Republics of the CA Party must be accepted by all other Republics of the CA Party once the internal procedures have been completed.

3. Additionally, where registration is required, the Republics of the CA Party shall accept that products should be registered by groups or families of products.

4. The CA Party agrees to adopt, within five years following the entry into force of this Agreement, the regional technical regulations (reglamentos técnicos) and conformity assessment procedures currently under preparation and listed in Annex XX (List of Central American Technical Regulations (RTCA) in the process of harmonization) of this Agreement, and to continue the work to harmonize technical regulations and conformity assessment procedures, as well as to promote the development of regional standards.

5. For products not yet harmonized in the CA Party and not included in Annex XX, the Association Committee shall establish a work programme to study the possibility of including additional products in the future.

306

Sanitary and Phytosanitary Measures 1. The objective of this Article is:

  • a)to promote conditions allowing goods subject to sanitary and phytosanitary measures (medidas sanitarias y fitosanitarias) to move freely within Central America and the United Kingdom(*); (*) (Thus replaced its denomination by the section of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex of International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Section 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019". Previously it indicated "EU Party") b) to promote the harmonization and improvement of sanitary and phytosanitary requirements and procedures in the CA Party and the United Kingdom, including to achieve the use of a single import certificate, a single list of establishments, a single import sanitary inspection, and a single fee for products imported from the United Kingdom into the CA Party; (*) (Thus replaced its denomination by the section of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex of International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Section 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019". Previously it indicated "EU Party") c) to seek to ensure the mutual recognition of verifications carried out by the Republics of the CA Party in any Member State of the European Union.

2. The United Kingdom(*) shall ensure that, from the date of entry into force of this Agreement, animals, animal products, plants and plant products, lawfully marketed may move freely within the territory of the United Kingdom(*) without inspections at internal borders, provided they comply with the relevant sanitary and phytosanitary requirements.

(Note from Sinalevi: By means of subparagraph b) of paragraph 15) of the annex of International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Section 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019", it was agreed to indicate that the preceding paragraph is not incorporated into the aforementioned Agreement) (*) (Thus replaced its denomination by the section of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex of International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Section 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019". Previously it indicated "EU Party") 3. The CA Party shall ensure that, from the date of entry into force of this Agreement, animals, animal products, plants and plant products benefit from the facilitation of regional transit (tránsito regional) in the territories of the CA Party, in accordance with Resolution No. 219-2007 (COMIECO-XLVII) and subsequent related instruments. For the purposes of this Title, in the case of imports from the United Kingdom(*), the facilitation of regional transit means that United Kingdom(*) goods may enter through any border inspection post of the CA Party and may transit through the region from one Republic of the CA Party to another, provided they comply with the sanitary and phytosanitary requirements of the Party of final destination, where a sanitary or phytosanitary inspection may be carried out.

(*) (Thus replaced its denomination by the section of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex of International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Section 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019". Previously it indicated "EU Party") 4. Provided they comply with the relevant sanitary and phytosanitary requirements and in accordance with the existing mechanisms in the Central American regional integration process, the CA Party undertakes to grant animals, animal products, plants and plant products listed in Annex XIX (List of products referred to in Article 306(4)), the following treatment: when imported into the territory of a Republic of the CA Party, the competent authorities shall review the certificates issued by the competent authority of the United Kingdom(*) and may carry out a sanitary or phytosanitary inspection; once clearance is completed, a product included in Annex XIX may only be subject to a random sanitary or phytosanitary inspection at the point of entry of the Republic of the CA Party of final destination.

(*) (Thus replaced its denomination by the section of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex of International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Section 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019". Previously it indicated "EU Party") For products included in list 1 of Annex XIX, the above obligation shall apply no later than two years after the entry into force of this Agreement.

For products included in list 2 of Annex XIX, the above obligation shall apply no later than five years after the entry into force of this Agreement.

5. Without prejudice to the rights and obligations of the Parties (the United Kingdom(*) or the Republics of the CA Party) under the WTO Agreement and the sanitary and phytosanitary procedures and requirements established by each Party, an importing Party shall not be obliged to grant more favourable treatment to products imported from the exporting Party than that provided by the exporting Party in its intra-regional trade.

(*) (Thus replaced its denomination by the section of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex of International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Section 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019". Previously it indicated "EU Party") 6. The Association Council may amend Annex XIX (List of products referred to in Article 306(4)), following the recommendations of the Subcommittee on Sanitary and Phytosanitary Affairs to the Association Committee, in accordance with the procedure established in Title XIII (Specific tasks in trade matters of the bodies established under this Agreement) of Part IV of this Agreement.

7. The Subcommittee referred to in paragraph 6 shall closely monitor the implementation of this Article.

307

Implementation 1. The Parties recognize the importance of increasing cooperation to achieve the objectives of this Title and to address the matter through the mechanisms provided for in Title VI (Economic and trade development) of Part III of this Agreement.

2. The Parties undertake to consult each other on matters relating to this Title, with a view to ensuring the effective implementation of the region-to-region dimension of this Agreement and the objectives of regional economic integration.

3. The progress of the CA Party in implementing this Title shall be subject to periodic progress reports (informes periódicos de progreso) and work programmes (programas de trabajo) by the CA Party covering Articles 304, 305 and 306. The progress reports and work programmes shall be submitted in writing and shall describe all steps taken for the implementation of the obligations and objectives defined in Article 304, paragraphs 1, 3 and 4, Article 305, paragraphs 2, 3 and 4, and Article 306, paragraphs 3 and 4, as well as the steps planned for the period prior to the next progress report. The progress reports and work programmes shall be submitted each year until the commitments specified in this paragraph are effectively fulfilled.

4. The Parties shall consider the inclusion of other areas in this Title five years after the entry into force of this Agreement.

5. The regional integration commitments undertaken by the CA Party under this Title are not subject to the dispute settlement (solución de controversias) procedures of Title X (Dispute Settlement) of Part IV of this Agreement.

DISPUTE SETTLEMENT

OBJECTIVE AND SCOPE OF APPLICATION

TITLE X

CHAPTER 1

308

Objective The objective of this Title is to avoid and resolve any dispute between the Parties concerning the interpretation or application of Part IV of the Agreement and for the Parties, wherever possible, to reach a mutually satisfactory solution.

309

Scope of Application 1. The provisions of this Title shall apply to any dispute concerning the interpretation or application of Part IV of the Agreement, except as otherwise expressly provided.

2. This Title shall not apply to disputes between the Republics of the CA Party.

CONSULTATIONS

CHAPTER 2

310

Consultations 1. The Parties shall endeavour to resolve any dispute concerning the interpretation or application of the provisions referred to in Article 309 through good faith engagement in consultations, in order to reach a mutually satisfactory solution.

2. Any Party to this Agreement may request consultations by means of a written request to the other Party, with a copy to the Association Committee, indicating the reasons for its request, the legal basis of the complaint and identifying any measure at issue in force or proposed.

3. Where the requesting Party is the United Kingdom(*), and the alleged infringement of any provision identified in accordance with paragraph 2 is similar in all relevant legal and factual respects with regard to more than one Republic of the CA Party, the United Kingdom(*) may request a single consultation covering those Republics of the CA Party47.

47 For example, where a provision of Part IV of the Agreement establishes, for all the Republics of the CA Party, the obligation to comply with a specific requirement by a stipulated date, the failure to comply by more than one of the Republics of the CA Party would be a matter falling within the scope of application of this paragraph.

(*) (Thus replaced its denomination by the section of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex of International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Section 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019". Previously it indicated "EU Party") 4. Where the requesting Party is a Republic of the CA Party and the alleged infringement of any provision identified in accordance with paragraph 2 adversely affects trade48 of more than one Republic of the CA Party, the Republics of the CA Party may request a single consultation or may request to join the consultations within five days following the date of delivery of the initial request for consultations. The Republic of the CA Party concerned shall include in its notification an explanation of its substantial trade interest in the matter.

48 For example, where an import prohibition on a product is implemented and that prohibition applies to exports of that product from more than one of the Republics of the CA Party, this would be a matter falling within the scope of application of this paragraph.

5. Consultations shall be held within thirty days following the date of submission of the request and shall take place, unless the Parties agree otherwise, in the territory of the requested Party. Consultations shall be deemed concluded within thirty days following the date of submission of the request, unless both Parties agree to continue the consultations. Where, in accordance with paragraphs 3 and 4, more than one Republic of the CA Party is involved in the consultations, these shall be deemed concluded within forty days following the date of submission of the initial request. Confidentiality of all information disclosed during consultations shall be maintained.

6. In cases of urgency, in particular those concerning perishable or seasonal products, consultations shall be held within fifteen days following the date of submission of the request, and shall be deemed concluded within fifteen days following the date of submission of the request. Where, in accordance with paragraphs 3 and 4, more than one Republic of the CA Party is involved in the consultations, these shall be deemed concluded within twenty days following the date of submission of the initial request.

7. If the requested Party does not respond to the request for consultations within ten days following receipt of the request, if consultations are not held within the time periods established in paragraphs 5 or 6 respectively, or if consultations have been concluded and the dispute has not been resolved, the requesting Party may request the establishment of an arbitration panel (Grupo Especial) in accordance with Article 311.

8. If more than twelve months of inactivity have elapsed since the date of the last consultations and the basis of the dispute persists, the requesting Party shall request new consultations. This paragraph shall not apply where the inactivity results from good faith attempts to achieve a mutually satisfactory solution in accordance with Article 324.

DISPUTE SETTLEMENT PROCEDURES

ARBITRATION PANEL PROCEDURE

CHAPTER 3

SECTION A

311

Initiation of the Arbitration Panel Procedure 1. Where the consulting Parties have not resolved the dispute in accordance with the provisions referred to in Article 310, any requesting Party may request the establishment of an arbitration panel to consider the matter.

2. The request for establishment of an arbitration panel shall be made in writing and delivered to the requested Party, with a copy to the Association Committee. The requesting Party shall identify in its request the specific measure at issue, indicate the legal basis of its complaint, and explain the manner in which such measure constitutes an infringement of the provisions referred to in Article 309.

3. Any Party entitled, under paragraph 1, to request the establishment of an arbitration panel may join the arbitration panel proceedings as a requesting Party, by means of a written notification addressed to the other disputing Parties. The notification shall be sent no later than five days after the date of submission of the initial request for establishment of an arbitration panel.

4. The establishment of an arbitration panel may not be requested to review a proposed measure.

312

Establishment of the Arbitration Panel 1. The arbitration panel shall be composed of three panelists.

2. Within ten days following the date of submission of the request for establishment of an arbitration panel, the disputing Parties shall hold consultations in order to reach an agreement on the composition of the arbitration panel49.

49 Where a disputing Party consists of two or more Republics of the CA Party, they shall act jointly in the procedure established in Article 312.

3. In the event that the disputing Parties fail to agree on the composition of the arbitration panel within the time period established in paragraph 2, each disputing Party shall be entitled to choose one panelist, who shall not act as Chair, from among the individuals on the list established in Article 325, within three days following the expiry of the time period established in paragraph 2. The Chair of the Association Committee, or the person delegated by them, shall select by lot the Chair, as well as any missing panelist, from among the relevant individuals on the list established in accordance with Article 325.

4. The Chair of the Association Committee, or the person delegated by them, shall carry out the selection by lot within five days following receipt of a request to that effect made by one or both disputing Parties. The selection by lot shall take place at a time and place that must be communicated without delay to the disputing Parties. The latter may, if they so wish, be present during the selection by lot.

5. The disputing Parties may choose, by mutual agreement and within the time period established in paragraph 2, individuals not appearing on the list of panelists, but who meet the requirements established in Article 325.

6. The date of establishment of the arbitration panel shall be the date on which all panelists have notified acceptance of their selection.

313

Arbitration Panel Ruling 1. The arbitration panel shall notify its ruling on the matter of the dispute to the disputing Parties, with a copy to the Association Committee, within one hundred and twenty days following the date of establishment of the arbitration panel.

2. Where the arbitration panel considers that the time period referred to in paragraph 1 cannot be met, the Chair of the arbitration panel shall, without delay, notify the disputing Parties in writing, with a copy to the Association Committee, indicating the reasons for the delay and the date on which the arbitration panel estimates concluding its work. Unless exceptional circumstances exist, the ruling shall be notified no later than one hundred and fifty days from the date of establishment of the arbitration panel.

3. In cases of urgency, in particular those relating to perishable or seasonal products, the arbitration panel shall make every effort to notify its ruling within sixty days following the date of its establishment. Unless exceptional circumstances exist, the ruling shall be notified no later than seventy-five days after the date of establishment of the arbitration panel. The arbitration panel, within ten days following its establishment, at the request of a disputing Party, may issue a preliminary ruling on whether it considers the case to be urgent.

COMPLIANCE

SECTION B

314

Compliance with the Arbitration Panel Ruling 1. Where relevant, the requested Party shall adopt, without delay, any measure necessary to comply in good faith with the arbitration panel ruling on the matter of the dispute, and the disputing Parties shall endeavour to agree on the compliance period.

2. For compliance purposes, the disputing Parties and, in any case, the arbitration panel, shall take into consideration the possible effects on the level of development of the requested Party of the measure found to be incompatible with this Agreement.

3. In the event that full and timely compliance with the arbitration panel ruling does not occur, compensation or suspension of obligations (suspensión de obligaciones) may be applied as temporary measures. In this case, the disputing Parties shall endeavour to agree on compensation rather than applying suspension of obligations. However, neither compensation nor suspension of obligations is preferable to the timely and full implementation of the arbitration panel ruling.

4. When a decision of the Panel applies to more than one Republic of the CA Party acting as the complaining Party or as the Party complained against, any compensation or suspension of obligations under this Title shall be applied individually to each Republic of the CA Party, for which purpose the Panel's decision shall individually determine the level of nullification or impairment (anulación o menoscabo) caused by the violation in each of the Republics of the CA Party.

315

Reasonable period of time for compliance 1. The Party complained against shall notify the complaining Party without delay of the reasonable period of time for compliance (plazo prudencial de cumplimento) it requires, as well as the specific measures it intends to adopt, when this is possible.

2. The disputing Parties shall endeavour to agree on the reasonable period of time necessary for compliance with the decision within thirty days following the notification of the Panel's decision to the disputing Parties. When such agreement is reached, the disputing Parties shall notify the Association Committee of the agreed reasonable period of time and, when possible, the specific measures the Party complained against intends to adopt.

3. If there is a disagreement between the Parties on the reasonable period of time for compliance with the Panel's decision within the period established in paragraph 2, the complaining Party may request the original Panel to determine the length of the reasonable period of time. Such request shall be made in writing and notified simultaneously to the other disputing Party and to the Association Committee. The Panel shall notify its decision to the disputing Parties and to the Association Committee within twenty days following the date of submission of the request. In the event that a Panel decision applies to more than one Republic of the CA Party, the Panel shall determine the reasonable period of time for each Republic of the CA Party.

4. In the event that the original Panel, or some of its members, is unable to reconvene, the relevant procedures established in Article 312 shall apply. The maximum period for notifying the decision shall be thirty-five days from the date of submission of the request referred to in paragraph 3.

5. The Party complained against shall communicate to the Association Committee the measures adopted and the measures to be adopted to comply with the Panel's decision. Such report shall be in writing and made no later than the midpoint of the reasonable period of time.

6. The reasonable period of time may be extended by mutual agreement of the disputing Parties. All time periods contained in this Article shall form part of the reasonable period of time.

316

Review of any measure adopted to comply with the Panel's decision 1. Before the expiry of the reasonable period of time, the Party complained against shall notify the complaining Party, with a copy to the Association Committee, of any measure it has adopted to comply with the Panel's decision and shall provide details such as its date of entry into force, the relevant text of that measure, and a factual and legal explanation of how the measure adopted to comply brings the Party complained against into conformity.

2. In the event of disagreement between the disputing Parties regarding the existence or compatibility of any measure notified under paragraph 1 with the provisions referred to in Article 309, the complaining Party may request in writing that the original Panel decide on the matter. Such request shall identify the specific measure at issue and explain how that measure is incompatible with the provisions referred to in Article 309. The Panel shall notify its decision within forty-five days following the date of submission of the request. In the event that a Panel decision applies to more than one Republic of the CA Party, the Panel shall, when necessary given the circumstances, issue its decision under this Article for each Republic of the CA Party.

3. In the event that the original Panel, or some of its members, is unable to reconvene, the relevant procedures established in Article 312 shall apply. The period for notifying the decision shall be sixty days from the date of submission of the request referred to in paragraph 2.

317

Temporary remedies in case of non-compliance 1. If the Party complained against does not notify any measure adopted to comply with the Panel's decision before the expiry of the reasonable period of time in accordance with Article 316, or if the Panel decides that the measure notified under Article 316, paragraph 1, is incompatible with that Party's obligations under the provisions contained in Article 309, the Party complained against shall, if so requested by the complaining Party, present an offer of compensation. In the event that a Panel decision applies to more than one Republic of the CA Party, each Republic of the CA Party shall present an offer of compensation, or receive an offer of compensation, as the case may be, taking into consideration the level of nullification or impairment determined in accordance with Article 314, paragraph 4, as well as any measure notified under Article 316, paragraph 1. The United Kingdom(*) shall endeavour to exercise due restraint when requesting compensation under this paragraph.

(*) (Its name thus substituted by the paragraph of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex to International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Paragraph 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019". Previously indicated as "EU Party") 2. If no agreement on compensation is reached within thirty days following the expiry of the reasonable period of time or the notification of the Panel's decision under Article 316 that the measure adopted to comply is incompatible with the provisions of Article 309, any complaining Party shall be entitled, upon notification to the Party complained against with a copy to the Association Committee, to suspend obligations arising from any provision referred to in Article 309, at a level equivalent to the nullification or impairment caused by the violation. The notification shall indicate the obligations proposed to be suspended. The complaining Party may implement the suspension ten days after the date of notification, unless the Party complained against has requested a decision by a Panel under paragraph 3. In the event that a Panel decision applies to more than one Republic of the CA Party, the suspension of obligations shall be applied individually to each Republic of the CA Party that has not complied, or by each Republic of the CA Party, as the case may be, taking into consideration the individual level of nullification and impairment determined in accordance with Article 314, paragraph 4, as well as any measure notified under Article 316, paragraph 1.

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 Panel decide on the matter. Such request shall be notified to the complaining Party with a copy to the Association Committee, before the expiry of the ten-day period set out in paragraph 2. The Panel shall notify its decision on the level of the suspension of obligations to the disputing Parties with a copy to the Association Committee within thirty days following the date of submission of the request. Obligations shall not be suspended until the Panel has notified its decision, and any suspension shall be consistent with the Panel's decision.

4. In the event that the original Panel, or some of its members, is unable to reconvene, the procedures established in Article 312 shall apply. The period for notifying the decision shall be forty-five days from the date of submission of the request referred to in paragraph 3.

5. When obligations are suspended in accordance with paragraph 1, the United Kingdom(*) shall endeavour to exercise due restraint, taking into consideration, among other factors, the likely impact on the economy and the level of development of the Party complained against, and shall opt for measures aimed at achieving compliance by the Party complained against that are least likely to negatively affect the attainment of the objectives of this Agreement.

6. The suspension of obligations shall be temporary and shall only be applied until any measure found to be inconsistent with the provisions referred to in Article 309 has been brought into full conformity with those provisions, as established in Article 318, or until the disputing Parties have agreed to resolve the dispute.

(*) (Its name thus substituted by the paragraph of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex to International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Paragraph 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019". Previously indicated as "EU Party")

318

Review of any measure adopted to comply after the suspension of obligations 1. The Party complained against shall notify the complaining Party, with a copy to the Association Committee, of any measure it has adopted to comply with the Panel's decision, as well as its request to terminate the suspension of obligations applied by the complaining Party.

2. If the disputing Parties do not reach an agreement on the compatibility of the notified measure with the provisions referred to in Article 309 within thirty days following the date of submission of the notification referred to in paragraph 1, the complaining Party may request in writing that the original Panel decide on the matter. Such request shall be notified to the Party complained against with a copy to the Association Committee. In the event that a Panel decision applies to more than one Republic of the CA Party, the Panel shall issue its decision under this Article for each of the Republics of the CA Party. The Panel's decision shall be notified to the disputing Parties with a copy to the Association Committee within forty-five days following the date of submission of the request. If the Panel decides that any measure adopted to comply is compatible with the provisions of Article 309, the suspension of obligations shall be terminated.

3. In the event that the original Panel, or some of its members, is unable to reconvene, the procedures established in Article 312 shall apply. The period for notifying the decision shall be sixty days from the date of submission of the request referred to in paragraph 2.

COMMON PROVISIONS

SECTION C

319

Rules of Procedure 1. Unless the disputing Parties agree otherwise, the dispute settlement procedures set out in this Title shall be governed by the Rules of Procedure adopted by the Association Council.

2. Without prejudice to the protection of confidential information, any hearing of the Panel shall be open to the public in accordance with the Rules of Procedure.

3. Unless the disputing Parties agree otherwise, within five days following the establishment of the Panel, its terms of reference shall be: "to examine, in the light of the relevant provisions of Part IV of this Agreement, the matter referred to in the request for establishment of the Panel, to decide on the compatibility of the measure at issue with the provisions referred to in Article 309 of Title X (Dispute Settlement) and to issue a decision on the matter of the dispute in accordance with Article 313 of Title X (Dispute Settlement)".

4. When the disputing Parties have agreed on different terms of reference, they shall notify them to the Panel within two days following their agreement.

5. If a disputing Party considers that a panellist has breached the Code of Conduct or does not meet the requirements set out in Article 325, it may request his or her removal in accordance with the Rules of Procedure.

320

Information and technical assistance 1. At the request of a disputing Party, or on its own initiative, the Panel may obtain information from any Party it deems appropriate for the Panel proceeding.

2. The Panel may also seek, when relevant, information and opinions from experts, bodies, or other sources. Before seeking such information and opinions, the Panel shall inform the disputing Parties and provide them with an opportunity to comment. Any information obtained under this paragraph must be disclosed in a timely manner to each of the disputing Parties and shall be submitted to them for their comments. Such comments shall be transmitted to the Panel and to the other Party.

321

Amicus curiae Natural or legal persons with an interest in the matter of the dispute, residing or established in the territories of the disputing Parties, are authorised to submit amicus curiae briefs for the Panel's potential consideration, in accordance with the Rules of Procedure.

322

Rules and principles of interpretation 1. Any Panel shall interpret the provisions referred to in Article 309 in accordance with the customary rules of interpretation of public international law, taking due account that the Parties must apply this Agreement in good faith and avoid circumvention of their obligations.

2. Where a provision of Part IV of this Agreement is identical to a provision of a WTO Agreement, the Panel shall adopt an interpretation consistent with any relevant interpretation established in decisions of the WTO Dispute Settlement Body.

3. The Panel's decisions cannot add to or diminish the rights and obligations contained in the provisions referred to in Article 309.

323

Common provisions related to the Panel's decisions 1. The Panel shall make every effort to take any decision by consensus.

Nevertheless, when a decision cannot be reached by consensus, the matter at issue shall be decided by majority vote. However, dissenting opinions of panellists shall not be published under any circumstances.

2. Any decision of the Panel shall be final and binding on the Parties, and shall not create any rights or obligations for natural or legal persons.

3. The decision shall set out the Panel's findings of fact and law, the applicability of the relevant provisions of the Agreement, and the basic rationale for its findings and conclusions. The decision shall also include a reference to any request for a determination made by either or both disputing Parties, including those set out in the Panel's terms of reference. The disputing Parties shall make the Panel's report public. The provisions of this paragraph do not apply to organisational decisions.

4. The Panel may not disclose confidential information in its report, but may state conclusions derived from that information.

GENERAL PROVISIONS

CHAPTER 4

324

Mutually satisfactory solution The disputing Parties may reach a mutually satisfactory solution to a dispute, in accordance with the provisions of this Title, at any time. They shall notify the Association Committee of any such solution. The procedure shall be terminated upon notification of the mutually satisfactory solution.

325

List of panellists 1. No later than six months50 after the entry into force of the Agreement, the Association Council shall establish a list of thirty-six individuals who are willing and able to serve as panellists. The United Kingdom(*) shall propose twelve individuals to serve as panellists and each Republic of the CA Party shall propose two individuals. The United Kingdom(*) and the Republics of the CA Party shall also select twelve individuals who are not nationals of any of the Parties to serve as Chair of the Panel. The Association Council may review the list at any time and shall ensure that the list is always maintained at this level in accordance with the provisions of this paragraph.

50 From the entry into force of this Agreement:

(*) (Its name thus substituted by the paragraph of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex to International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Paragraph 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019". Previously indicated as "EU Party") a) the Parties shall submit their lists of candidates to the Association Council within seventy-five days; b) the Association Council shall approve or reject the candidates on the lists within one hundred and twenty days; c) the Parties shall submit a list of additional candidates to replace the rejected candidates within one hundred and fifty days; d) the list of candidates shall be finalised within one hundred and eighty days.

2. Panellists shall have specialised knowledge or experience in law, international trade, or other matters related to Part IV of this Agreement, or in the resolution of disputes arising from international trade agreements, be independent, serve in their individual capacity and not be affiliated with or take instructions from any Party or organisation, and comply with the Code of Conduct adopted by the Association Council.

3. The Association Council may establish additional lists of up to fifteen individuals with sectoral experience in specific matters covered by Part IV of this Agreement. When recourse is made to the selection procedure established in Article 312, the Chair of the Association Committee may use a sectoral list if there is agreement between the Parties.

326

Relationship with WTO obligations 1. If a disputing Party wishes to seek redress for a violation of an obligation under the Understanding on Rules and Procedures Governing the Settlement of Disputes of the WTO (hereinafter the "WTO DSU"), it shall have recourse to the relevant rules and procedures of the WTO Agreement.

2. If a disputing Party wishes to seek redress for a violation of an obligation under Part IV of this Agreement, it shall have recourse to the relevant rules and procedures of this Title.

3. If a disputing Party wishes to seek redress for a violation of an obligation under Part IV of this Agreement that also entails a violation of the WTO Agreements, the Party may have recourse to the forum of its choice.

4. The disputing Parties shall avoid bringing identical disputes in different fora when they are based on the same measures and the same legal claims.

5. In the case of disputes that are not identical, related to the same measure, the Parties shall refrain from initiating concurrent dispute settlement proceedings.

6. When a disputing Party has initiated dispute settlement proceedings under the WTO DSU or this Title and subsequently seeks redress for the violation of an obligation in a second forum, based on a dispute identical to the one previously established in the other forum, that Party may not establish the second dispute. For the purposes of this Title, the term "identical" means a dispute based on the same legal claims and the same challenged measures. A dispute shall not be considered identical when, for procedural or jurisdictional reasons, the forum initially selected did not make findings on the claim brought before it.

7. For the purposes of the preceding paragraph, a dispute settlement proceeding shall be considered initiated under the WTO DSU when the Panel has been established in accordance with Article 6 of the WTO DSU, and under this Title, when a Party has requested the establishment of a Panel in accordance with Article 311, paragraph 1. Dispute settlement proceedings under the WTO DSU conclude when the Dispute Settlement Body adopts the Panel report or the Appellate Body report, in accordance with Articles 16 and 17, paragraph 14, of the WTO DSU. Dispute settlement proceedings under this Title conclude when the Panel notifies its decision on the matter of the dispute to the Parties and to the Association Committee in accordance with Article 313, paragraph 1.

8. Any question concerning the jurisdiction of the Panels established under this Title shall be raised within a period of ten days from the establishment of the Panel and be resolved through a preliminary decision within thirty days following the establishment of the Panel. Once an objection to the competence of a Panel has been filed in accordance with this Article, all time periods established in this Title and in the Rules of Procedure shall be suspended until the notification of the Panel's preliminary decision.

9. Nothing in this Title shall prevent a disputing Party from implementing the suspension of obligations authorised by the WTO Dispute Settlement Body. The WTO Agreement shall not be invoked to preclude a disputing Party from suspending obligations under this Title.

327

Time periods 1. All time periods established in this Title and in the Rules of Procedure, including the periods for the Panels to notify their decisions, shall be counted in calendar days, the first day being the day following the act or fact to which they refer.

2. Any time period referred to in this Title or in the Rules of Procedure may be modified by mutual agreement of the disputing Parties.

3. The Panel, at the request of the complaining Party and with the agreement of the Party complained against, may suspend its work at any time, for a period not exceeding twelve months. In this case, the time periods shall be extended for the time during which the proceeding is suspended. If the proceeding before the Panel has been suspended for more than twelve months, the Panel's mandate shall expire, without prejudice to the right of the complaining Party to request consultations and subsequently request the establishment of a Panel on the same matter at a later stage. This paragraph shall not apply when the suspension results from good faith attempts to reach a mutually satisfactory solution in accordance with Article 324.

328

Adoption and modification of the Rules of Procedure and the Code of Conduct 1. The Association Council shall adopt the Rules of Procedure and the Code of Conduct at its first session.

2. The Association Council may modify the Rules of Procedure and the Code of Conduct.

MEDIATION MECHANISM FOR NON-TARIFF MEASURES

SCOPE OF APPLICATION

TITLE XI

CHAPTER 1

329

Scope of application 1. The mediation mechanism shall apply to non-tariff measures adversely affecting trade between the Parties covered by Part IV of this Agreement.

2. The mediation mechanism shall not apply to any measure or other matter arising under:

  • a)Title VIII, on trade and sustainable development; b) Title IX, on regional economic integration; c) the integration processes of the United Kingdom(*) and the Republics of the CA Party; (*) (Its name thus substituted by the paragraph of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex to International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Paragraph 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019". Previously indicated as "EU Party") d) matters for which the dispute settlement mechanism has been excluded; and e) the institutional provisions of this Agreement.

3. This Title shall apply bilaterally between the United Kingdom(*) on the one hand, and each of the Republics of the CA Party, on the other.

(*) (Its name thus substituted by the paragraph of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex to International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Paragraph 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019". Previously indicated as "EU Party") 4. The mediation procedure shall be confidential.

PROCEDURE OF THE MEDIATION MECHANISM

CHAPTER 2

330

Initiation of the procedure 1. A Party may, at any time, request in writing that the other Party participate in the mediation procedure. The request shall include a description of the matter sufficient to clearly present the measure at issue and its trade effects.

2. The Party to which the request is addressed shall give favourable consideration to the request and provide a written response within ten days following the date of receipt of the request.

3. Before the selection of the mediator in accordance with Article 331, the Parties to the procedure shall endeavour in good faith to reach an agreement through direct negotiations, for which they shall have a period of twenty days.

331

Selection of the mediator 1. The Parties to the procedure are encouraged to reach an agreement on the mediator within a period not exceeding fifteen days after the expiry of the period referred to in Article 330, paragraph 3, or sooner if a Party notifies the other that an agreement is not feasible without the assistance of a mediator.

2. If the Parties to the procedure do not reach an agreement on the mediator within the established timeframe, any Party may request the appointment of the mediator by lot. Within five days following the submission of that request, each Party shall establish a list of at least three persons who are not nationals of that Party, meet the conditions of paragraph 4, and are capable of serving as mediator. Within five days following the submission of the list, each Party shall choose at least one name from the other Party's list. The chair of the Association Committee, or the Chair's delegate, shall select the mediator by lot from among the names chosen. The appointment by lot must be carried out within fifteen days following the submission of the request for appointment by lot, on a date and at a place that must be promptly communicated to the Parties. The Parties may, if they so wish, be present at the time of the selection by lot.

3. If a Party to the procedure does not establish the list or does not select a name from the other Party's list, the Chair, or the Chair's delegate, shall select the mediator by lot from the list of the Party that met the requirements of paragraph 2.

4. The mediator must be an expert in the subject matter to which the measure in question relates.51 The mediator shall assist the Parties to the procedure, in an impartial and transparent manner, in bringing clarity to the measure and its possible effects on trade, as well as in reaching a mutually agreed solution.

51 For example, in cases related to standards and technical requirements, the mediator should have experience in the relevant international standardizing bodies.

5. When a Party to the procedure considers that the mediator has breached the Code of Conduct, it may request the mediator's removal and a new mediator shall be chosen in accordance with paragraphs 1 to 4.

332

Rules of the mediation procedure 1. The Parties shall participate in the mediation procedure in good faith and shall make every effort to reach a mutually satisfactory solution.

2. Within fifteen days following the appointment of the mediator, the Party that initiated the mediation procedure shall submit to the mediator, as well as to the other Party to the procedure, a detailed written description of the problem, in particular concerning the operation of the measure in question and its trade effects. Within ten days following the date of receipt of that communication, the other Party may submit its written observations on the description of the problem. Any Party may include in its description or observations any information it deems relevant.

3. The mediator may decide the most appropriate manner to conduct the procedure, in particular whether the Parties to the procedure should be consulted, jointly or individually, and when and how to do so. The mediator may also assess, when certain information has not been made available by the Parties, or when such information is not in the possession of the Parties, whether the circumstances require the assistance of or consultation with relevant experts, government agencies, or other natural or legal persons with specialized knowledge of the matter. When the assistance of or consultation with relevant experts, government agencies, or other natural or legal persons with specialized knowledge of the matter involves confidential information as defined in Article 336 of this Title, such information may only be made available after informing the Parties to the procedure and on the express condition that such information be treated at all times as confidential information.

4. Once the necessary information has been gathered, the mediator may offer an assessment of the issue and the measure in question, and may propose a solution to the Parties to the procedure for their consideration. Such assessment shall not address the compatibility of the measure in question with the Agreement.

5. The procedure shall take place in the territory of the Party to which the request was submitted or in any other location or by any other means mutually agreed.

6. In carrying out its functions, the mediator may use any means of communication, including, but not limited to, telephone, facsimile transmission, web links, or videoconferencing.

7. The procedure shall normally be completed within sixty days following the date of appointment of the mediator. At any stage, the Parties to the procedure may terminate the procedure by mutual agreement.

IMPLEMENTATION

CHAPTER 3

333

Implementation of a mutually agreed solution 1. When the Parties to the procedure have agreed on a solution to the trade obstacles caused by the measure subject to the procedure, each Party shall take the measures necessary to implement that solution without delay.

2. The Party responsible for implementation shall regularly inform the other Party, as well as the Association Committee, in writing, of any steps or measures taken to implement the mutually agreed solution. This obligation shall cease once the mutually agreed solution has been fully and properly implemented.

GENERAL PROVISIONS

CHAPTER 4

334

Relationship with Title X on dispute settlement 1. The procedure under this mediation mechanism is independent of Title X (Dispute Settlement) of Part IV of this Agreement and is not intended to serve as a basis for dispute settlement proceedings under that Title or any other agreement. A request for mediation and any proceedings under the mediation mechanism shall not preclude recourse to Title X.

2. The mediation mechanism shall be understood without prejudice to the rights and obligations of the Parties under Title X.

335

Timeframes Any timeframe established under this Title may be modified by mutual agreement of the Parties to the procedure.

336

Confidentiality of information 1. Any Party to the procedure that submits documentation or communications as part of the mediation procedure may designate such documentation or communications, or any part thereof, as confidential.

2. When documentation or communications, or any part thereof, have been designated as confidential by a Party, the other Party and the mediator shall return or destroy such documents within a period not exceeding fifteen days following the conclusion of the mediation procedure.

3. Likewise, when documentation or communications, or any part thereof, that have been designated as confidential have been made available to relevant experts, government agencies, or other natural or legal persons with specialized knowledge related to the matter, such documentation or communications shall be returned or destroyed within a period not exceeding fifteen days following the conclusion of the assistance of or consultations by the mediators.

337

Costs 1. All costs of the mediation process shall be borne by the Parties in equal shares. "Costs" shall be understood to mean the mediator's remuneration, transportation, lodging, and meal expenses, as well as all general administrative costs of the mediation procedure, in accordance with the expense report submitted by the mediator.

2. The mediator shall maintain a complete and detailed record of all relevant expenses incurred and shall submit a report of expenses to the Parties to the procedure, together with supporting documents.

3. The Association Council shall establish all eligible expenses, as well as the remuneration and allowances to be paid to the mediator.

TRANSPARENCY AND ADMINISTRATIVE PROCEDURES

TITLE XII

338

Cooperation for enhanced transparency The Parties agree to cooperate in relevant bilateral and multilateral fora to increase transparency, including through the elimination of bribery and corruption in matters covered by Part IV of this Agreement.

339

Publication 1. Each Party shall ensure that its measures of general application, including laws, regulations, judicial decisions, procedures, and administrative rulings on any trade-related matter covered by Part IV of this Agreement, are promptly published or made available to interested persons in such a manner as to enable interested persons of a Party, as well as any other Party, to become acquainted with them. Upon request, each Party shall provide an explanation of the objective and rationale for such measures and shall allow a reasonable period between publication and their entry into force, unless specific legal or practical circumstances dictate otherwise.

2. Each Party shall endeavour to provide interested persons of the other Party with the opportunity to submit observations on any proposed law, regulation, procedure, or administrative ruling of general application and to take into consideration the relevant observations received.

3. The measures of general application referred to in paragraph 1 shall be deemed to have been made available when the measure has been made available through appropriate notification to the WTO or on an official, public, and free-of-charge website of the Party in question.

4. Nothing in Part IV of this Agreement shall be construed as requiring any Party to provide confidential information whose disclosure could impede law enforcement, or would otherwise be contrary to the public interest, or which could prejudice the legitimate commercial interests of particular enterprises, whether public or private.

340

Contact points and exchange of information 1. In order to facilitate communication and to ensure the effective implementation of this Agreement, the United Kingdom(**), the CA Party52, and each Republic of the CA Party shall designate a contact point no later than the entry into force of this Agreement53. The designation of contact points shall be without prejudice to the specific designation of competent authorities under specific provisions of this Agreement.

52 The contact point designated by the CA Party shall be used for the exchange of information relating to its collective obligations in accordance with Article 352, paragraph 2, of Part V (Final Provisions) of this Agreement and shall operate according to the instructions agreed by the Republics of the CA Party.

53 For the purposes of the obligation to designate a contact point by the CA Party, "date of entry into force" shall mean the date on which all the Republics of the CA Party have the Agreement in force, in accordance with Article 353(*), paragraph 4.

(*)(Note from Sinalevi: Through subsection 16) sub-subsection b) of the annex of International Treaty No. 9775 of 29 October 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on 18 July 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama regarding Paragraph 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on 18 July 2019", it was agreed to indicate that neither Article 353 nor any reference to Article 353 is incorporated into this Agreement) (**) (Thus its name replaced by the subsection of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex of International Treaty No. 9775 of 29 October 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on 18 July 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama regarding Paragraph 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on 18 July 2019". Previously indicated as "EU Party") 2. Upon request of a Party, the contact point of the other Party shall indicate the office or the official responsible for any matter related to the implementation of Part IV of this Agreement and shall provide the necessary support to facilitate communication with the requesting Party.

3. Upon request of a Party, and to the extent legally possible, each relevant Party shall provide information and shall respond promptly to any question relating to an actual or proposed measure that could substantially affect Part IV of this Agreement.

341

Administrative procedures Each Party shall administer all measures of general application referred to in Article 339 in a consistent, impartial, and reasonable manner. More specifically, when applying such measures to persons, goods, services, or establishments of a Party in specific cases, each Party shall:

  • a)endeavour to provide persons directly affected by a proceeding with reasonable notice of its initiation, including a description of the nature of the proceeding, a statement of the legal authority under which the proceeding is initiated, and a general description of any issues in controversy; b) provide such interested persons with a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative action, when time, the nature of the proceeding, and the public interest permit; and c) ensure that its procedures are based on law.
342

Review and appeal 1. Each Party shall establish or maintain judicial, quasi-judicial, or administrative tribunals or procedures for the purpose of prompt review and, where justified, correction of final administrative action affecting trade-related matters covered by Part IV of this Agreement. Such tribunals or procedures shall be independent of the office or authority entrusted with administrative enforcement, and those responsible for them shall be impartial and have no substantial interest in the outcome of the matter.

2. Each Party shall ensure that, in any such tribunals or procedures, the parties to the procedure have the right to:

  • a)a reasonable opportunity to support or defend their respective positions; and b) a decision based on the evidence and submissions of record or, where required by its law, on the record compiled by the administrative authority.

3. Each Party shall ensure that, subject to appeal or further review as provided for in its law, any such decisions are implemented by the office or authority competent for the administrative action in question and shall govern the practice of such office or authority.

343

Specific rules The provisions of this Title shall be understood without prejudice to any specific rules established in other provisions of this Agreement.

344

Transparency in subsidies 1. For the purposes of this Agreement, a subsidy is a measure related to trade in goods, which meets the conditions set out in Article 1.1 of the SCM Agreement and is specific within the meaning of Article 2 thereof. This provision covers subsidies as defined in the Agreement on Agriculture.

2. Each Party shall ensure transparency in subsidies relating to trade in goods. As of the entry into force of this Agreement, each Party shall report every two years to the other Party on the legal basis, form, amount or budget and, where possible, the beneficiary of subsidies granted by its government or any public body. Such report shall be deemed to have been provided if the relevant information has been made available by the Parties or on their behalf on a publicly accessible website. When exchanging information, the Parties shall take into account the requirements of professional and commercial secrecy.

3. The Parties may exchange information upon request of a Party on matters related to subsidies in the area of services.

4. The Association Committee shall periodically review the progress made by the Parties in the implementation of this Article.

5. The provisions of this Article shall be understood without prejudice to the rights of the Parties to apply trade defence measures or to take dispute settlement actions or other appropriate actions against subsidies granted by the other Party, in accordance with the relevant WTO provisions.

6. The Parties may not resort to the dispute settlement procedures under Title X (Dispute Settlement) of Part IV of this Agreement for matters arising under this Article.

SPECIFIC TASKS ON TRADE MATTERS OF THE BODIES ESTABLISHED UNDER THIS AGREEMENT

TITLE XIII

345

Specific tasks of the Association Council 1. When the Association Council carries out any of the tasks conferred in Part IV of this Agreement, it shall be composed, at ministerial level, of representatives of the United Kingdom(*), on the one hand, and the Ministers of each of the Republics of the CA Party, with responsibility for trade-related matters, on the other, in accordance with the respective legal frameworks of the Parties, or by the persons they have designated.

(*) (Thus its name replaced by the subsection of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex of International Treaty No. 9775 of 29 October 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on 18 July 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama regarding Paragraph 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on 18 July 2019". Previously indicated as "EU Party") 2. The Association Council may, when dealing with trade-related matters:

  • a)modify, in pursuit of the objectives of Part IV of this Agreement:
  • i)the lists of goods established in Annex I (Elimination of Customs Duties), in order to incorporate one or more goods into the tariff elimination schedule; ii) the lists established in Annex I (Elimination of Customs Duties), in order to accelerate tariff elimination; iii) Appendices 1, 2, and 3 of Annex I (Elimination of Customs Duties); iv) Appendices 1, 2, 2A, 3, 4, 5, and 6 of Annex II (Concerning the definition of the concept of "originating products" and methods of administrative cooperation); v) Annex XVI (Government Procurement); vi) Annex XVIII (Protected Geographical Indications); vii) Annex XIX (List of products referred to in Article 306, paragraph 4); viii) Annex XXI (Sub-Committees); b) issue interpretations on the provisions of Part IV of this Agreement; and c) take any other action in the exercise of its functions as agreed by the Parties.

3. Each Party shall implement, in accordance with its applicable legal procedures, any modification under paragraph 2, subparagraph a), within the period agreed by the Parties54.

54 Implementation of the modifications approved by the Association Council:

1. In the case of Costa Rica, the decisions of the Association Council under Article 345, paragraph 2, subparagraph a), shall be equivalent to the instrument referred to in Article 121.4, third paragraph (Protocol of Lesser Rank) of the Political Constitution of the Republic of Costa Rica.

2. In the case of Honduras, the decisions of the Association Council under Article 345, paragraph 2, subparagraph a), shall be equivalent to the instrument referred to in Article 21 of the Constitution of the Republic of Honduras.

346

Specific tasks of the Association Committee 1. When the Association Committee carries out any of the tasks conferred in Part IV of this Agreement, it shall be composed of representatives of the European Commission, on the one hand, and representatives of each of the Republics of the CA Party, on the other, at the level of senior officials with responsibility for trade-related matters, or by the persons they have designated.

2. The Association Committee shall have, in particular, the following functions when dealing with trade-related matters:

  • a)assist the Association Council in the performance of its functions with regard to trade-related matters; b) supervise the proper implementation and application of the provisions of Part IV of this Agreement. In this regard, and without prejudice to the rights established in Title X (Dispute Settlement) and Title XI (Mediation Mechanism for Non-Tariff Measures) of Part IV of this Agreement, any Party may refer for discussion, within the framework of the Association Committee, any matter relating to the application or interpretation of Part IV of this Agreement; c) supervise the further elaboration of the provisions of Part IV of this Agreement, as necessary, and evaluate the results obtained from their application; d) seek appropriate ways to prevent and resolve problems that may otherwise arise in the areas covered by Part IV of this Agreement; and e) approve the internal regulations of all Sub-Committees established under Part IV of this Agreement and supervise their work.

3. In carrying out its functions under paragraph 2, the Association Committee may:

  • a)establish Sub-Committees additional to those established in Part IV of this Agreement, composed of representatives of the European Commission and of each of the Republics of the CA Party, and assign them responsibilities within its competence; it may also decide to modify the functions assigned to the Sub-Committees it establishes, as well as dissolve them; b) recommend to the Association Council the adoption of decisions in pursuit of the specific objectives of Part IV of this Agreement; and c) take any other action in the exercise of its functions as agreed by the Parties or in accordance with the instructions of the Association Council.
347

Coordinators of Part IV of this Agreement 1. The European Commission and each of the Republics of the CA Party shall designate a Coordinator for Part IV of this Agreement within sixty days following the entry into force of this Agreement.

2. The Coordinators shall work jointly in developing agendas and shall make all other necessary preparations for the meetings of the Association Council and the Association Committee, in accordance with the preceding provisions, and shall follow up on the decisions of those bodies, as appropriate.

348

Sub-Committees 1. Without prejudice to the provisions of Article 8 of Title II (Institutional Framework) of Part I of this Agreement, this Article shall apply to all Sub-Committees established in Part IV of this Agreement.

2. The Sub-Committees shall be composed of representatives of the European Commission, on the one hand, and representatives of each of the Republics of the CA Party, on the other.

3. The Sub-Committees shall meet once a year or at the request of any Party or of the Association Committee, at an appropriate level. When held in person, meetings shall be held alternately in London(*) or Central America. Meetings may also be held by any technological means available to the Parties.

(*) (Thus its name replaced by the subsection of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex of International Treaty No. 9775 of 29 October 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on 18 July 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama regarding Paragraph 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on 18 July 2019". Previously indicated as "Brussels") 4. The Sub-Committee shall be chaired alternately by a representative of the United Kingdom(**), on the one hand, and by a representative of a Republic of the CA Party, on the other, for a period of one year.

(**) (Thus its name replaced by the subsection of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex of International Treaty No. 9775 of 29 October 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on 18 July 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama regarding Paragraph 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on 18 July 2019". Previously indicated as "EU Party")

EXCEPTIONS

TITLE XIV

349

Balance of payments 1. If a Party experiences serious balance-of-payments and external financial difficulties, or is at risk of experiencing them, it may adopt or maintain restrictive measures with respect to trade in goods or services and to current payments.

2. The Parties shall endeavour to avoid the application of the restrictive measures referred to in paragraph 1.

3. Any restrictive measures adopted or maintained under this Article shall be non-discriminatory and temporary, and shall not exceed what is necessary to remedy the balance-of-payments and external financial situation. They shall be in conformity with the relevant conditions established in the WTO Agreements and consistent with the Articles of the Agreement of the International Monetary Fund.

4. If any Party maintains or has adopted restrictive measures, or has modified them, it shall promptly notify the other Party and present, as soon as possible, a timetable for their removal.

5. If a Party considers that the restrictive measure adopted or maintained affects the bilateral trade relationship, it may request consultations with the other Party, which shall be held without delay within the framework of the Association Committee. Such consultations shall assess the balance-of-payments situation of the affected Party and the restrictions adopted or maintained under this Article, taking into account, inter alia, factors such as:

  • a)the nature and extent of the balance-of-payments and external financial difficulties; b) the economic and trade environment; or c) other possible alternative corrective measures that may be used.

The consultations shall examine the conformity of any restrictive measure with paragraphs 3 and 4. All findings of statistical data and other facts presented by the International Monetary Fund ("IMF") relating to foreign exchange, monetary reserves, and balance of payments shall be accepted as such and the conclusions shall be based on the IMF's assessment of the balance-of-payments and external financial situation of the affected Party.

350

Taxation 1. No provision of Part IV of this Agreement or of agreements adopted pursuant to this Agreement shall be construed so as to prevent the Parties, in the application of the relevant provisions of their respective tax legislation, from distinguishing between taxpayers who are not in the same situation, in particular with regard to their place of residence or the place where their capital is invested.

2. No provision of Part IV of this Agreement or of agreements adopted pursuant to Part IV shall be construed so as to prevent the adoption or effective enforcement of any measure aimed at preventing tax avoidance (elusión) or evasion (evasión) under the tax provisions of agreements for the avoidance of double taxation or other tax arrangements, or any domestic tax legislation.

3. No provision of Part IV of this Agreement shall affect the respective rights and obligations of the Parties under any tax agreement. In the event of any incompatibility between Part IV of this Agreement and any agreement of a tax nature, the provisions of the latter shall prevail to the extent of the incompatibility.

351

Regional Preference 1. No provision of Part IV of this Agreement shall oblige a Party to extend to the other Party any more favorable treatment that is applied internally within each of the Parties as part of their respective regional economic integration process.

2. No provision of Part IV of this Agreement shall prevent the maintenance, modification, or establishment of customs unions, free trade zones, or other agreements between the Parties, or between the Parties and third countries or regions.

PART V FINAL PROVISIONS

352

Definition of the Parties 1. The Parties to this Agreement are the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama, referred to as the "Republics of the CA Party," on the one hand, and the United Kingdom of Great Britain and Northern Ireland, referred to as the "United Kingdom," on the other.

(Thus amended the preceding paragraph by item 16) sub-item a) of the annex of International Treaty No. 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") 2. For the purposes of this Agreement, the term "Party" shall refer to each Republic of the CA Party, without prejudice to the obligation to act jointly under the provisions set out in paragraph 3, or the United Kingdom(*), respectively.

(*) (Thus substituted its designation by the paragraph of the Joint Declarations "Declaración Conjunta sobre Mutatis Mutandis" of the annex of International Treaty No. 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Previously stated as "EU Party") 3. For the purposes of this Agreement, the Republics of the CA Party agree and commit to act jointly in the following areas:

  • a)in decision-making through the bodies provided for in Title II (Institutional Framework) of Part I of this Agreement; b) in the implementation of the obligations set out in Title IX (Regional Economic Integration) of Part IV of this Agreement; c) in the implementation of the obligation to establish a Central American Regulation on Competition and a competition authority, in accordance with Articles 277 and 279, paragraph 2, of Title VII (Trade and Competition) of Part IV of this Agreement; and d) in the implementation of the obligation to establish a single point of access at the regional level, in accordance with Article 212, paragraph 2, of Title V (Public Procurement) of Part IV of this Agreement.

When acting jointly in accordance with this paragraph, reference shall be made to the Republics of the CA Party as the "CA Party." 4. For any other provision under this Agreement, the Republics of the CA Party shall assume obligations and act individually.

5. Notwithstanding the provisions of paragraph 3, and in a manner compatible with the further development of Central American regional integration, the Republics of the CA Party undertake to progressively seek to increase the scope of the areas in which they will act jointly, and shall notify the United Kingdom(*) thereof. The Association Council shall adopt a decision specifying the scope of those areas.

(*) (Thus substituted its designation by the paragraph of the Joint Declarations "Declaración Conjunta sobre Mutatis Mutandis" of the annex of International Treaty No. 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Previously stated as "EU Party")

353

Entry into Force 1. The Parties shall approve this Agreement in accordance with their internal legal procedures.

2. This Agreement shall enter into force on the first day of the month following the month in which the Parties have notified each other of the completion of the internal legal procedures referred to in paragraph 1.

3. The notifications shall be sent, in the case of the United Kingdom(*), to the Secretary-General of the Council of the European Union, and, in the case of the Republics of the CA Party, to the Secretariat General of the Central American Integration System (SG-SICA), who shall be the depositaries of this Agreement.

(*) (Thus substituted its designation by the paragraph of the Joint Declarations "Declaración Conjunta sobre Mutatis Mutandis" of the annex of International Treaty No. 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Previously stated as "EU Party") 4. Notwithstanding the provisions of paragraph 2, Part IV of this Agreement may be applied by the European Union and by each of the Republics of the CA Party from the first day of the month following the date on which they notify each other of the completion of the internal legal procedures necessary for that purpose. In such case, the institutional bodies necessary for the functioning of this Agreement shall exercise their functions.

5. No later than the date of entry into force in accordance with paragraph 2, or the date of application of this Agreement, if applied in accordance with paragraph 4, each Party shall have fulfilled the requirements established in Article 244 and in Article 245, paragraph 1, subparagraphs a) and b), of Title VI (Intellectual Property) of Part IV of this Agreement. If a Republic of the CA Party has not fulfilled those requirements, this Agreement shall not enter into force in accordance with paragraph 2, or shall not be applied in accordance with paragraph 4, between the United Kingdom(*) and that Republic of the CA Party that has not fulfilled them, until those requirements have been fulfilled.

(*) (Thus substituted its designation by the paragraph of the Joint Declarations "Declaración Conjunta sobre Mutatis Mutandis" of the annex of International Treaty No. 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Previously stated as "EU Party") 6. When a provision of this Agreement is applied in accordance with paragraph 4, any reference in that provision to the date of entry into force of this Agreement shall be construed as referring to the date from which the Parties agreed to apply that provision in accordance with paragraph 4.

7. The Parties for which Part IV of this Agreement has entered into force in accordance with paragraph 2 or 4 may also use materials originating from the Republics of the CA Party for which this Agreement is not in force.

8. From the date of entry into force in accordance with paragraph 2, this Agreement shall replace the Political Dialogue and Cooperation Agreements in force between the Republics of the CA Party and the United Kingdom(*).

(Sinalevi Note: By means of item 16) sub-item b) of the annex of International Treaty No. 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", it was agreed to indicate that neither Article 353 nor any reference to Article 353 is incorporated into this Agreement) (*) (Thus substituted its designation by the paragraph of the Joint Declarations "Declaración Conjunta sobre Mutatis Mutandis" of the annex of International Treaty No. 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Previously stated as "EU Party")

354

Duration 1. This Agreement shall have indefinite duration and validity.

2. Any Party may notify its respective depositary in writing of its intention to denounce this Agreement.

3. In the event of denunciation by any Party, the other Parties shall examine, within the framework of the Association Committee, the effect of such denunciation on this Agreement. The Association Council shall decide on any necessary adjustments or transitional measures.

4. The denunciation shall take effect six months after notification to the respective depositary.

355

Fulfillment of Obligations 1. The Parties shall adopt all general or specific measures necessary to fulfill the obligations they assume under this Agreement and shall ensure that they are consistent with the objectives set out in this Agreement.

2. If a Party considers that another Party has failed to fulfill an obligation under this Agreement, it may adopt appropriate measures. Before doing so, except in cases of special urgency, it shall submit to the Association Council, within a period of thirty days, all relevant information necessary for a thorough examination of the situation, with a view to finding a solution acceptable to the Parties. In selecting the measures to be adopted, priority shall be given to those which least disrupt the implementation of this Agreement. Such measures shall be notified immediately to the Association Committee and shall be the subject of consultations within the Committee if a Party so requests.

3. The Parties agree that the term "cases of special urgency" in paragraph 2 means a case of material breach (infracción importante) of this Agreement by one of the Parties. The Parties also agree that the term "appropriate measures" referred to in paragraph 2 means measures adopted in accordance with international law. It is understood that suspension is a measure of last resort.

4. A material breach of this Agreement consists of:

  • a)denunciation of this Agreement not sanctioned by the general rules of international law; b) a violation of the essential elements of this Agreement.

5. If a Party adopts a measure in a case of special urgency, the other Party may request that the Parties be convened to an urgent meeting within a period of fifteen days.

6. Notwithstanding the provisions of paragraph 2, if a Party considers that another Party has failed to fulfill one or more obligations under Part IV of this Agreement, it may only have recourse to, and be governed by, the dispute settlement procedures established under Title X (Dispute Settlement) and the mediation mechanism established under Title XI (Mediation Mechanism for Non-Tariff Measures) of Part IV of this Agreement, or other alternative mechanisms provided for specific obligations in Part IV of this Agreement.

356

Rights and Obligations under this Agreement No provision of this Agreement shall be construed as conferring rights or imposing obligations on persons, other than the rights or obligations created by this Agreement, nor as obliging a Party to allow this Agreement to be invoked directly in its domestic legal system, unless the national legislation of that Party provides otherwise.

357

Exceptions 1. No provision of this Agreement shall be construed as:

  • a)requiring a Party to provide or give access to information the disclosure of which it considers contrary to its essential security interests; or b) preventing any Party from adopting measures which it considers necessary for the protection of its essential security interests:
  • i)relating to fissionable and fusionable materials or those from which they are derived; ii) relating to economic activities intended directly or indirectly to supply a military establishment; iii) related to the manufacture of or trade in arms, ammunition, and war materiel; iv) relating to public procurement indispensable for national security or national defense; v) adopted in time of war or other emergency in international relations; c) preventing any Party from taking any action to fulfill obligations it has undertaken for the purpose of maintaining international peace and security; or d) preventing any Party from deciding independently on budgetary priorities or requiring any Party to increase the budgetary resources allocated to the implementation of the obligations and commitments contained in this Agreement.

2. The Association Council shall be informed to the fullest extent possible of the measures adopted pursuant to paragraph 1, subparagraphs a) and b), and of their termination.

358

Evolutionary Clause 1. The Parties may agree to expand and complement this Agreement by means of amendments or through the conclusion of agreements on specific activities or sectors, in light of the experience gained in the implementation of this Agreement.

2. The Parties may also agree on any other amendment to this Agreement.

3. All amendments and agreements mentioned shall be approved in accordance with the internal legal procedures of each Party.

359

Accession of New Members 1. The Association Committee shall be informed of any request made by a third State to become a member of the European Union and of any request made by a third State to join the economic and political integration processes of Central America.

(Sinalevi Note: By means of item 16) sub-item c) of the annex of International Treaty No. 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", it was agreed to indicate that the words "of any request made by a third State to become a member of the European Union and" are not incorporated into the aforementioned Agreement) 2. During the negotiations between the European Union and a candidate State, the United Kingdom(*) shall provide the CA Party with all relevant information, and the CA Party, in turn, shall communicate its views (if any) to the United Kingdom(*) so that they may be fully taken into consideration. The CA Party shall be notified by the United Kingdom(*) of any accession to the European Union.

(Sinalevi Note: By means of item 16) sub-item d) of the annex of International Treaty No. 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", it was agreed to indicate that the preceding paragraph is not incorporated into the aforementioned Agreement) (*) (Thus substituted its designation by the paragraph of the Joint Declarations "Declaración Conjunta sobre Mutatis Mutandis" of the annex of International Treaty No. 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Previously stated as "EU Party") 3. Likewise, during the negotiations between the CA Party and a State seeking to join the economic and political integration processes of Central America, the CA Party shall provide the United Kingdom(*) with all relevant information, and, in turn, the United Kingdom(*) shall communicate its views (if any) to the CA Party so that they may be fully taken into consideration. The United Kingdom(*) shall be notified by the CA Party of any accession to the economic and political integration processes of Central America.

(*) (Thus substituted its designation by the paragraph of the Joint Declarations "Declaración Conjunta sobre Mutatis Mutandis" of the annex of International Treaty No. 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Previously stated as "EU Party") 4. The Parties shall examine the effect of such accession on this Agreement within the framework of the Association Committee. The Association Council shall decide on the necessary transitional measures or adjustments, which shall be approved in accordance with the internal legal procedures of each Party.

5. If the act of accession to the economic and political integration processes of Central America does not provide for automatic accession to this Agreement, the interested State shall accede by depositing an act of accession with the respective depositary bodies of the Parties.

6. The instrument of accession shall be deposited with the depositaries.

360

Territorial Application 1. In the EU Party, this Agreement shall apply to the territories in which the Treaty on European Union and the Treaty on the Functioning of the European Union apply and under the conditions laid down in those Treaties.

2. Notwithstanding the provisions of paragraph 1, insofar as the customs territory of the European Union includes areas not covered by the foregoing territorial definition, this Agreement shall also apply to the customs territory of the European Union.

3. In Central America, this Agreement shall apply to the territories of the Republics of the CA Party, in accordance with their respective national legislation and international law.

(Sinalevi Note: By means of item 16) sub-item e) of the annex of International Treaty No. 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", it was agreed to indicate that this paragraph is not incorporated into the aforementioned Agreement)

361

Reservations and Interpretative Declarations This Agreement does not allow for unilateral reservations or interpretative declarations.

362

Annexes, Appendices, Protocols and Notes, Footnotes, and Joint Declarations The annexes, appendices, protocols and notes, footnotes, and joint declarations of this Agreement shall form an integral part thereof.

363

Authentic Texts This Agreement is drawn up in duplicate in the Spanish, German, Bulgarian, Czech, Danish, Slovak, Slovenian, Estonian, Finnish, French, Greek, Hungarian, English, Italian, Latvian, Lithuanian, Maltese, Dutch, Polish, Portuguese, Romanian, and Swedish languages, each of these texts being equally authentic.

IN WITNESS WHEREOF, the undersigned, duly authorized, have signed this Agreement.

Done at Tegucigalpa on the twenty-ninth day of June in the year two thousand and twelve.

Done at Tegucigalpa on the twenty-ninth day of June in the year two thousand and twelve.

For the Republic of Costa Rica For the Republic of El Salvador For the Republic of Guatemala For the Republic of Honduras For the Republic of Nicaragua For the Republic of Panama За Европейския съюз For the European Union Za Evropskou unii For Den Europæiske Union Für die Europäische Union Euroopa Liidu nimel Για την Ευρωπαϊκή ΄Ενωση For the European Union Pour l'Union européenne Per l'Unione europea Eiropas Savienības vārdā – Europos Sąjungos vardu Az Európai Unió részéről Għall-Unjoni Ewropea Voor de Europese Unie W imieniu Unii Europejskiej Pela União Europeia Pentru Uniunea Europeană Za Európsku úniu Za Evropsko unijo Euroopan unionin puolesta För Europeiska unionen Voor het Koninkrijk België Pour le Royaume de Belgique Für das Königreich Belgien Deze handtekening verbindt eveneens de Vlaamse Gemeenschap, de Franse Gemeenschap, de Duitstalige Gemeenschap, het Vlaamse Gewest, het Waalse Gewest en het Brussels Hoofdstedelijk Gewest.

Cette signature engage également la Communauté française, la Communauté flamande, la Communauté germanophone, la Région wallonne, la Région flamande et la Région de Bruxelles-Capitale.

Diese Unterschrift bindet zugleich die Deutschsprachige Gemeinschaft, die Flämische Gemeinschaft, die Französische Gemeinschaft, die Wallonische Region, die Flämische Region und die Region Brüssel-Hauptstadt.

За Република България Za Českou republiku For Kongeriget Danmark Für die Bundesrepublik Deutschland Eesti Vabariigi nimel Thar cheann Na hÉireann For Ireland Για την Ελληνική Δημοκρατία Por el Reino de España Pour la République française Per la Repubblica italiana Για την Κυπριακή Δημοκρατία Latvijas Republikas vārdā – Lietuvos Respublikos vardu Pour le Grand-Duché de Luxembourg Magyarország részéről Għal Malta Voor het Koninkrijk der Nederlanden Für die Republik Österreich W imieniu Rzeczypospolitej Polskiej Pela República Portuguesa Pentru România Za Republiko Slovenijo Za Slovenskú republiku Suomen tasavallan puolesta För Republiken Finland För Konungariket Sverige For the United Kingdom of Great Britain and Northern Ireland

ELIMINATION OF CUSTOMS DUTIES

1. For the EU Party, the elimination of customs duties described in the staging categories established in subparagraphs a), b), c), e), f), l), m), n), o), p), q), and r) of paragraph 3 below shall apply to the base rate indicated in its schedule to this annex.

2. For each Republic of the CA Party, the elimination of customs duties described in the staging categories established in subparagraphs a), b), c), d), e), f), g), h), j), k), and q) of paragraph 3 below shall apply in the following manner for each year of the tariff elimination period:

  • a)if applying the staging category to the CA base rate yields a tariff higher than the base rate of one of the Republics of the CA Party, the applicable tariff for that Republic shall be its base rate; b) if applying the staging category to the CA base rate yields a tariff lower than or equal to the base rate of one of the Republics of the CA Party, the applicable tariff for that Republic shall be the tariff resulting from applying the staging category to the CA base rate.

3. Unless otherwise provided in the general notes of each Party's schedule, the following categories apply to the elimination of customs duties by each Party pursuant to Article 83 (Elimination of Customs Duties) of Chapter 1 of Title II (Trade in Goods) of Part IV of this Agreement:

  • a)tariffs on goods included within the tariff lines in staging category A in a Party's schedule shall be eliminated entirely, and such goods shall be free of duties on the date of entry into force of this Agreement; (b) the customs duties on goods included within the tariff lines in staging category B in a Party's schedule shall be eliminated in three equal annual stages, beginning on the date of entry into force of this Agreement, and such goods shall be duty-free as of January 1 of year three; (c) the customs duties on goods included within the tariff lines in staging category C in a Party's schedule shall be eliminated in five equal annual stages, beginning on the date of entry into force of this Agreement, and such goods shall be duty-free as of January 1 of year five; (d) the customs duties on goods included within the tariff lines in staging category C1 in a Party's schedule shall be eliminated in six equal annual stages, beginning on the date of entry into force of this Agreement, and such goods shall be duty-free as of January 1 of year six; (e) the customs duties on goods included within the tariff lines in staging category D in a Party's schedule shall be eliminated in seven equal annual stages, beginning on the date of entry into force of this Agreement, and such goods shall be duty-free as of January 1 of year seven; (f) the customs duties on goods included within the tariff lines in staging category E in a Party's schedule shall be eliminated in ten equal annual stages, beginning on the date of entry into force of this Agreement, and such goods shall be duty-free as of January 1 of year ten; (g) the customs duties on goods included within the tariff lines in staging category E1 in a Party's schedule shall remain at their base rate from year one to year five; the customs duties on these goods shall be eliminated in five equal annual stages, beginning on January 1 of year six, and such goods shall be duty-free as of January 1 of year ten; (h) the customs duties on goods included within the tariff lines in staging category E2 in a Party's schedule shall be eliminated in ten annual stages; on the date of entry into force of this Agreement, customs duties shall be reduced by two percent of the base rate and, on January 1 of year two, by an additional two percent. Starting on January 1 of year three, customs duties shall be reduced by an additional eight percent of the base rate and, thereafter, by an additional eight percent of the base rate each year until year six. Starting on January 1 of year seven, customs duties shall be reduced by an additional sixteen percent of the base rate and, thereafter, by an additional sixteen percent each year until year nine, and such goods shall be duty-free as of January 1 of year ten. The tariff elimination process for this category is detailed in the following table:
Annual Cut PercentageYearCumulative CutTariff elimination according to category E2
5%10%15%20%
2%1254.9%9.8%14.7%19.6%
24%4.8%9.6%14.4%19.2%
8%312%4.4%8.8%13.2%17.6%
420%4.0%8.0%12.0%16.0%
528%3.6%7.2%10.8%14.4%
636%3.2%6.4%9.6%12.8%
16%752%2.4%4.8%7.2%9.6%
868%1.6%3.2%4.8%6.4%
984%0.8%1.6%2.4%3.2%
10100%0.0%0.0%0.0%0.0%

(i) the customs duties on goods included within the tariff lines in staging category F in a Party's schedule shall remain at their base rate55, except as provided in subparagraph (c) of Article 84 (Statu quo) of Chapter 1 of Title II (Trade in Goods) of Part IV of this Agreement; such goods are excluded from tariff elimination or reduction; 55 For the Republics of the CA Party, this refers to the base rate of each Republic, as indicated in the respective schedule.

(j) the customs duties on goods included within the tariff lines in staging category G in a Party's schedule shall be eliminated in thirteen equal annual stages, beginning on the date of entry into force of this Agreement, and such goods shall be duty-free as of January 1 of year thirteen; (k) the customs duties on goods included within the tariff lines in staging category H in a Party's schedule shall be eliminated in fifteen equal annual stages, beginning on the date of entry into force of this Agreement, and such goods shall be duty-free as of January 1 of year fifteen; (l) the ad valorem customs duties on goods included within the tariff lines in staging category I in a Party's schedule shall be eliminated and such goods shall be free of ad valorem customs duties on the date of entry into force of this Agreement. The specific duties on these goods, applicable under the "entry price" system, shall remain at their base rate as indicated in paragraph 4, section A, of this Annex; (m) the ad valorem customs duties on goods included within the tariff lines in staging category J in a Party's schedule shall be eliminated, and such goods shall be free of ad valorem customs duties on the date of entry into force of this Agreement; the specific duties on these goods shall remain at their base rate; (n) the ad valorem customs duties on goods included within the tariff lines in staging category K in a Party's schedule shall be eliminated, and such goods shall be free of ad valorem customs duties on the date of entry into force of this Agreement; the specific duties on these goods shall be eliminated in three equal annual stages, beginning on the date of entry into force of this Agreement, and such goods shall be duty-free as of January 1 of year three; (o) the ad valorem customs duties on goods included within the tariff lines in staging category L in a Party's schedule shall be eliminated in three equal annual stages, beginning on the date of entry into force of this Agreement, and such goods shall be free of ad valorem customs duties as of January 1 of year three; the specific duties on these goods, applicable under the "entry price" system, shall remain at their base rate as indicated in paragraph 4, section A of this Annex; (p) the ad valorem customs duties on goods included within the tariff lines in staging category M in a Party's schedule shall be eliminated, and such goods shall be free of ad valorem customs duties on the date of entry into force of this Agreement; the specific duties on these goods shall be eliminated in ten equal annual stages, beginning on the date of entry into force of this Agreement, and such goods shall be duty-free as of January 1 of year ten; (q) the customs duties on goods included within the tariff lines in staging category Q in a Party's schedule shall be applied as provided in Appendix 1 (Import tariff rate quotas of the Republics of the CA Party) and Appendix 2 (Import tariff rate quotas of the EU Party) of this Annex; (r) the customs duties on goods included within the tariff lines in staging category ST in a Party's schedule shall be applied as provided in Appendix 3 (Special treatment for bananas) of this Annex.

4. Unless otherwise provided in this Agreement, the European Union may apply the entry price system customs duties established in Annex 2 of Commission Regulation (EC) No 1549/2006 of 17 October 2006.

5. Unless otherwise provided in this Agreement, the terms "EA", "AD S/Z" and "AD F/M", included in the base rates of the EU Party's schedule, refer to the customs duties established in Annex 1 of Commission Regulation (EC) No 1549/2006 of 17 October 2006. EU/CENTR-AM/Annex I/en 8 6. For purposes of the elimination of customs duties pursuant to Article 83 (Elimination of customs duties) of Chapter 1 of Title II (Trade in Goods) of Part IV of this Agreement, the transitional tariff rates shall be rounded down, at least to the nearest tenth of a percentage point or, if the tariff rate is expressed in monetary units, to the nearest 0.1 of the official monetary unit of the Party.

7. For purposes of this Annex and a Party's schedule, year one means the year of entry into force of this Agreement as provided in Article 353(*) (Entry into Force), paragraph 4, of Part V of this Agreement.

(*) (Sinalevi Note: By subsection 16) subparagraph b) of the annex of International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and of the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama regarding Paragraph 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019", it was agreed to indicate that neither Article 353 nor any reference to Article 353 is incorporated into this Agreement.)

8. For purposes of this Annex and a Party's schedule, starting from year two, each annual customs duty cut shall take effect on January 1 of the respective year.

9. For purposes of paragraph 3, subparagraph (q) of this Annex, if the entry into force of this Agreement corresponds to a date after January 1 and before December 31 of the same calendar year, the quota quantity shall be prorated proportionally for the remainder of the calendar year.

GENERAL NOTES OF THE SCHEDULE OF THE REPUBLICS OF THE CA PARTY 1. Pursuant to Decree No. 902, of January 9, 2006, El Salvador applies a tariff of 15% to imports of iron and steel bars of transverse cross-section whose dimension is less than or equal to 16 mm, with a carbon content of less than 0.4% by weight, classified under tariff item 7214.99.90 of the SAC 2007. Such products are currently classified under tariff item 7214.99.30, created by El Salvador at the national level through the aforementioned Decree.

2. For goods classified under tariff item 0808.10.00 of the SAC 2007, Guatemala shall continue to apply the provisions contained in the Law of the National Deciduous Fruit Growing Cooperation Fund, Decree No. 15-2007 of the Congress of the Republic of Guatemala and its amendments, regarding charges on the importation and production of apples.

3. In the event of a fiscal emergency, Guatemala may temporarily and automatically increase the customs duties applied on goods classified under tariff items 2709.00.10, 2709.00.90, 2710.11.20, 2710.11.30, 2710.19.11, 2710.19.21, 2710.19.22 of the SAC 2007. In this case, the customs duty shall not be higher than that applied to all countries during the emergency period justifying the adoption of the tariff increase.

4. For goods classified under tariff items 1005.90.20, 1005.90.30, 1007.00.90, 1102.20.00, 1103.13.10, 1103.13.90 and 1104.23.00 of the SAC 2007, Honduras shall maintain the application of Decree No. 31-92, of March 5, 1992, and its regulations under Agreement No. 105-93 and its amendments.

5. For goods classified under tariff items 0402.91.10, 0402.99.10, 2002.90.10 of the SAC 2007, Panama shall apply category F, in accordance with paragraph 3, subparagraph (i), of section A of this Annex.

6. For goods classified under tariff items 2208.30.10 and 2208.30.90 of the SAC 2007, Panama shall apply Category A, in accordance with paragraph 3, subparagraph (a), of section A of this Annex.

7. For goods classified under tariff item 2106.90.99 of the SAC 2007, Panama shall apply Category F, in accordance with paragraph 3, subparagraph (i), of section A of this Annex.

8. Imitation cheese are products with the physical appearance of cheese, which are reasonably considered to be intended for use as cheese and which do not simultaneously meet the three criteria established in Note 3 of Chapter 4 of the Harmonized System. Usually these products meet at least one of the mentioned criteria.

APPENDIX 1 IMPORT TARIFF RATE QUOTAS OF THE REPUBLICS OF THE CA PARTY 1. This Appendix includes the import tariff rate quotas for goods originating in the EU Party under staging category "Q" in the schedule of the Republics of the CA Party. Each Republic of the CA Party shall administer these tariff rate quotas in accordance with its national regulations.

2. Imports made in accordance with the tariff rate quotas established in paragraphs 3, 5 and 7 of this Appendix shall be subject to the presentation of an export certificate issued by the competent authority of the EU Party.

(*)3. Cured hams and streaky bacon:

(a) The Republics of the CA Party shall grant to the EU Party a joint quota of 900 metric tons per year, with an annual growth of 45 metric tons, for goods entered in accordance with subparagraph (c). The quantity entered within the quota shall be free of customs duties at any time during the calendar year.

(b) Customs duties on goods entered in aggregate quantities in excess of the quota established in subparagraph (a) shall be eliminated in accordance with the provisions of category H of paragraph 3, subparagraph (k), of section A of Annex I.

(c) Subparagraphs (a) and (b) apply to the following tariff items of the schedule of the Republics of the CA Party: 0210.11.00, 0210.12.00 and 0210.19.00 of the SAC 2007.

(*) (Sinalevi Note: By subsection 17) subparagraph e.i) of the annex of International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and of the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama regarding Paragraph 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019", it was agreed to indicate the following: "(e) Appendix 1 – Import tariff rate quotas of the Republics of the CA Party i. Joint quotas:

") (*)4. Milk Powder:

(a) Each Republic of the CA Party shall grant to the EU Party a quota for goods entered in accordance with subparagraphs (b) and (d). The volume for year one and the successive annual growth starting from year two for each Republic of the CA Party are detailed below:

Metric tons year oneGrowth per year, in metric tons
Costa Rica20010
El Salvador20010
Guatemala40020
Honduras40020
Nicaragua20010
Panama50025

(b) Within this quota, the aggregate quantity of goods entered under the tariff items established in subparagraph (d) shall be free of customs duties in any calendar year and shall not exceed the quantities specified in the table in subparagraph (a) for the EU Party, for each year.

(c) Customs duties on goods entered in aggregate quantities in excess of the quantities established in subparagraph (a) shall be applied in accordance with the provisions of category F of paragraph 3, subparagraph (i), of section A of Annex I.

(d) Subparagraphs (a), (b) and (c) apply to the following tariff items of the schedule of the Republics of the CA Party: 0402.10.00, 0402.21.11, 0402.21.12, 0402.21.21, 0402.21.22 and 0402.29.00 of the SAC 2007.

(*) (Sinalevi Note: By subsection 17) subparagraph e.ii) of the annex of International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and of the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama regarding Paragraph 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019", it was agreed to indicate in relation to paragraph 4) above the following: "ii. Individual quotas – milk powder (appendix 1, paragraph 4):

") 5. Whey:

(a) The Republics of the CA Party shall grant to the EU Party a joint quota of 100 metric tons per year, with an annual growth of 10 metric tons, for goods entered in accordance with subparagraph (c). The quantity entered within the quota shall be free of customs duties at any time during the calendar year.

(b) Customs duties on goods entered in aggregate quantities in excess of the quota established in subparagraph (a) shall be eliminated in accordance with the provisions of category B of paragraph 3, subparagraph (b), of section A of Annex I.

(c) Subparagraphs (a) and (b) apply to the following tariff items of the schedule of the Republics of the CA Party: 0404.90.00 (except delactosed milk) of the SAC 2007.

(*)6. Cheese:

(a) Each Republic of the CA Party shall grant to the EU Party a quota for goods entered in accordance with subparagraphs (b) and (d). The volume for year one and the successive annual growth starting from year two for each Republic of the CA Party are detailed below:

Metric tons year oneGrowth per year, in metric tons
Costa Rica31716
El Salvador58329
Guatemala60030
Honduras50025
Nicaragua40020
Panama60030

(b) Within this quota, the aggregate quantity of goods entered under the tariff items established in subparagraph (d) shall be free of customs duties in any calendar year and shall not exceed the quantities specified in the table in subparagraph (a) for the EU Party, for each year.

(c) Customs duties on goods entered in aggregate quantities in excess of the quantities established in subparagraph (a) shall be applied in accordance with the provisions of category F of paragraph 3, subparagraph (i), of section A of Annex I.

(d) Subparagraphs (a), (b) and (c) apply to the following tariff items of the schedule of the Republics of the CA Party: 0406.20.90, 0406.30.00, 0406.90.10, 0406.90.20 and 0406.90.90 of the SAC 2007.

(*) (Sinalevi Note: By subsection 17) subparagraph e.iii) of the annex of International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and of the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama regarding Paragraph 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019", it was agreed to indicate in relation to paragraph 6) above the following: "iii. Individual quotas – cheese (appendix 1, paragraph 6):

") 7. Prepared or preserved pork meat:

(a) The Republics of the CA Party shall grant to the EU Party a joint quota of 900 metric tons per year, with an annual growth of 45 metric tons, for goods entered in accordance with subparagraph (c). The quantity entered within the quota shall be free of customs duties at any time during the calendar year.

(b) Customs duties on goods entered in aggregate quantities in excess of the quota established in subparagraph (a) shall be eliminated in accordance with the provisions of category H of paragraph 3, subparagraph (k), of section A of Annex I.

(c) Subparagraphs (a) and (b) apply to the following tariff items of the schedule of the Republics of the CA Party: 1602.41.00, 1602.42.00 and 1602.49.90 of the SAC 2007.

(Sinalevi Note: By subsection 17) subparagraphs a, b, c, d) of the annex of International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and of the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama regarding Paragraph 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019", it was agreed to indicate that in relation to appendix 1) above the following: "(a) In Appendices 1 and 2 of Annex 1, the information relating to the volumes of the import tariff rate quotas and, where applicable, the annual increase volumes, are replaced by the quotas and volumes established in the following tables.

(b) In those tables:

i. the import tariff rate quota volumes applicable for 2019 shall be those stipulated under the heading "2019 quota"; and ii. for tariff rate quotas that increase over time, the volume for subsequent years shall be calculated in accordance with the figure for "Annual increase".

(c) If this Agreement enters into force in 2020 or a subsequent year, for tariff rate quotas that increase over time, the volume applicable during the year in which the Agreement enters into force shall be calculated by combining the values of the "2019 quota" and the "annual increase" as applicable for each year after 2019 up to and including the year of entry into force.

(d) For the avoidance of doubt, if this Agreement enters into force once a quota period has begun, the import tariff rate quotas shall be applied on a prorated basis in accordance with Annex 1, section A, paragraph 9.") APPENDIX 2 IMPORT TARIFF RATE QUOTAS OF THE EU PARTY 1. This Appendix includes the import tariff rate quotas for goods originating in Central America under staging category "Q" in the schedule of the EU Party. The EU Party shall administer these tariff rate quotas in accordance with its national regulations.

2. Imports within the tariff rate quotas established in paragraphs 8 to 11 of this Appendix shall be subject to the presentation of an export certificate issued in accordance with the provisions of paragraph 3 below by the competent authority of the relevant Republic of the CA Party.

3. The Republics of the CA Party shall agree among themselves on the distribution of the regional tariff rate quotas established in paragraphs 8 to 11 of this Appendix and, on that basis, each Republic of the CA Party shall issue the corresponding export certificates.

4. Garlic:

(a) The EU Party shall grant to the Republics of the CA Party a quota of 550 metric tons per year for goods entered in accordance with subparagraph (c). The quantity entered within the quota shall be free of customs duties at any time during the calendar year.

(b) Customs duties on goods entered in aggregate quantities in excess of the quota established in subparagraph (a) shall be applied in accordance with the provisions of category F of paragraph 3, subparagraph (i), of section A of Annex I (Elimination of customs duties).

(c) Subparagraphs (a) and (b) apply to the following tariff item of the EU Party's schedule: 0703 20 00.

5. Cassava starch:

(a) The EU Party shall grant to the Republics of the CA Party a quota of 5,000 metric tons per year for goods entered in accordance with subparagraph (c). The quantity entered within the quota shall be free of customs duties at any time during the calendar year.

(b) Customs duties on goods entered in aggregate quantities in excess of the quota established in subparagraph (a) shall be applied in accordance with the provisions of category F of paragraph 3, subparagraph (i), of section A of Annex I (Elimination of customs duties).

(c) Subparagraphs (a) and (b) apply to the following tariff item of the EU Party's schedule: 1108 14 00.

6. Sweet corn:

(a) The EU Party shall grant to the Republics of the CA Party a quota of 1,440 metric tons per year, with an annual growth of 120 metric tons, for goods entered in accordance with subparagraph (c). The quantity entered within the quota shall be free of customs duties at any time during the calendar year.

(b) Customs duties on goods entered in aggregate quantities in excess of the quota established in subparagraph (a) shall be applied in accordance with the provisions of category J of paragraph 3, subparagraph (m), of section A of Annex I (Elimination of customs duties).

(c) Subparagraphs (a) and (b) apply to the following tariff items of the EU Party's schedule: 0710 40 00, 0711 90 30, 2001 90 30, 2004 90 10 and 2005 80 00.

7. Mushrooms:

(a) The EU Party shall grant to the Republics of the CA Party a quota of 275 metric tons per year for goods entered in accordance with subparagraph (c). The quantity entered within the quota shall be free of customs duties at any time during the calendar year.

(b) Customs duties on goods entered in aggregate quantities in excess of the quota established in subparagraph (a) shall be applied in accordance with the provisions of category J of paragraph 3, subparagraph (m), of section A of Annex I (Elimination of customs duties).

(c) Subparagraphs (a) and (b) apply to the following tariff items of the EU Party's schedule: 0711 51 00, 2003 10 20 and 2003 10 30.

8. Bovine meat:

(a) The EU Party shall grant exclusively to Nicaragua a quota of 500 metric tons (carcass weight equivalent) per year, with an annual growth of 25 metric tons. The quantity entered within the quota shall be free of customs duties at any time during the calendar year.

(b) Additionally, the EU Party shall grant to the Republics of the CA Party a regional quota of 9,500 metric tons (carcass weight equivalent) per year, with an annual growth of 475 metric tons. The quantity entered within the quota shall be free of customs duties at any time during the calendar year.

(c) Customs duties on goods entered in aggregate quantities in excess of the quotas established in subparagraphs (a) and (b) shall be applied in accordance with the provisions of category F of paragraph 3, subparagraph (i), of section A of Annex I (Elimination of customs duties).

(d) Subparagraphs (a), (b) and (c) apply to the following tariff items of the EU Party's schedule: 0201 10 00, 0201 20 20, 0201 20 30, 0201 20 50, 0201 20 90, 0201 30 00, 0202 10 00, 0202 20 10, 0202 20 30, 0202 20 50, 0202 20 90, 0202 30 10, 0202 30 50 and 0202 30 90.

9. Sugar, including organic sugar, and goods with high sugar content:

(a) The EU Party shall grant exclusively to Panama a quota of 12,000 metric tons of raw sugar equivalent56 per year, with an annual growth of 360 metric tons. The quantity entered within the quota shall be free of customs duties at any time during the calendar year.

56 Standard quality raw sugar shall be sugar with a 92 percent yield in white sugar.

(b) Additionally, the EU Party shall grant to the Republics of the CA Party, except Panama, a regional quota of 150,000 metric tons of raw sugar equivalent57 per year, with an annual growth of 4,500 metric tons. The quantity entered within the quota shall be free of customs duties at any time during the calendar year.

57 Standard quality raw sugar shall be sugar with a yield of 92 percent in white sugar.

  • c)Customs duties on goods imported in aggregate quantities in excess of the quotas established in subparagraphs a) and b) shall be applied in accordance with the provisions of category F of paragraph 3, subparagraph i), of section A of Annex I (Elimination of customs duties), for the tariff lines indicated in subparagraph d), item i); and in accordance with the provisions of category J of paragraph 3, subparagraph m), of section A of Annex I (Elimination of customs duties), for the tariff lines indicated in subparagraph d), item ii).
  • d)Subparagraphs a), b) and c) apply to the following tariff lines of the list of the EU Party:

i. 1701 11 10, 1701 11 90, 1701 91 00, 1701 99 10, 1701 99 90, 1702 30 10, 1702 30 51, 1702 30 59, 1702 30 91, 1702 30 99, 1702 40 90, 1702 90 30, 1702 90 50, 1702 90 71, 1702 90 75, 1702 90 79, 1702 90 80 and 1702 90 99.

ii. 1702 50 00, 1704 90 99, 1806 10 30, 1806 10 90, 1806 20 95ex2, 1806 90 90ex2, 1901 90 99, 2006 00 31, 2006 00 38, 2007 91 10, 2007 99 20, 2007 99 31, 2007 99 33, 2007 99 35, 2007 99 39, 2009 11 11ex2, 2009 11 91, 2009 19 11ex2, 2009 19 91, 2009 29 11ex2, 2009 29 91, 2009 39 11ex2, 2009 39 51, 2009 39 91, 2009 49 11ex2, 2009 49 91, 2009 80 11ex2, 2009 80 35ex2, 2009 80 61, 2009 80 86, 2009 90 11ex2, 2009 90 21ex2, 2009 90 31, 2009 90 71, 2009 90 94, 2101 12 98ex2, 2101 20 98ex2, 2106 90 98ex2 and 3302 10 29.

10. Rice:

  • a)The EU Party shall grant to the Republics of the CA Party a regional quota of 20,000 tonnes per year, with an annual increase of 1,000 tonnes. The quantity imported within the quota shall be free of customs duties at any time during the calendar year.
  • b)Customs duties on goods imported in aggregate quantities in excess of the quota established in subparagraph a) shall be applied in accordance with the provisions of category F of paragraph 3, subparagraph i), of section A of Annex I (Elimination of customs duties).
  • c)Subparagraphs a) and b) apply to the following tariff lines of the list of the EU Party: 1006 20 15, 1006 20 17, 1006 20 96, 1006 20 98, 1006 30 25, 1006 30 27, 1006 30 46, 1006 30 48, 1006 30 65, 1006 30 67, 1006 30 96 and 1006 30 98.

11. Bulk Rum:

  • a)The EU Party shall grant exclusively to Panama a quota of 1,000 hl (pure alcohol equivalent) per year, with an annual increase of 50 hl. The quantity imported within the quota shall be free of customs duties at any time during the calendar year.
  • b)Additionally, the EU Party shall grant to the Republics of the CA Party, except Panama, a regional quota of 7,000 hl (pure alcohol equivalent) per year, with an annual increase of 300 hl. The quantity imported within the quota shall be free of customs duties at any time during the calendar year.
  • c)Customs duties on goods imported in aggregate quantities in excess of the quotas established in subparagraphs a) and b) shall be applied in accordance with the provisions of category F of paragraph 3, subparagraph i), of section A of Annex I (Elimination of customs duties).
  • d)Subparagraphs a), b) and c) apply to the following tariff lines of the list of the EU Party: 2208 40 51 and 2208 40 99.

(Nota de Sinalevi: By means of subsection 17) sub-subsection a, b, c, d) of the annex of International Treaty No. 9775 of 29 October 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", it was agreed to indicate in relation to Appendix 2) above the following: "(a) In Appendices 1 and 2 of Annex 1, the information relating to the volumes of the import tariff-rate quotas and, where applicable, the annual increase volumes, are replaced by the quotas and volumes established in the following tables.

(b) In said tables:

i. the applicable import tariff-rate quota volumes for 2019 shall be those stipulated under the heading "contingente 2019"; and ii. for import tariff-rate quotas that increase over time, the volume for subsequent years shall be calculated according to the "Aumento anual" figure.

(c) If this Agreement enters into force in 2020 or a subsequent year, for import tariff-rate quotas that increase over time, the applicable volume during the year in which the Agreement enters into force shall be calculated by combining the values of the "contingente 2019" and the "aumento anual" as applicable for each year after 2019 up to and including the year of entry into force.

(d) For the avoidance of doubt, if this Agreement enters into force after the commencement of a quota period, the import tariff-rate quotas shall be applied on a pro-rata basis in accordance with Annex 1, section A, paragraph 9.") (*) (Nota de Sinalevi: By means of subsection 17) sub-subsection f), i, ii, iiii) of the annex of International Treaty No. 9775 of 29 October 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", it was agreed to indicate in relation to Appendix 2) above the following: "(f) Appendix 2: Import tariff-rate quotas of the United Kingdom i. Joint quotas:

iii. Joint quotas applicable to all Republics of the CA Party except Panama:

iii. Individual quotas:

") APPENDIX 3 SPECIAL TREATMENT FOR BANANAS The agricultural product originating in Central America, classified under tariff code 0803.00.19 of the Combined Nomenclature (Fresh bananas or plantains, excluding plantains) and established in category "ST" in the list of the EU Party, shall be subject to the following preferential customs duty:

| Year | Preferential customs duty | Trigger import volume, in tonnes | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | | | (EUR/TM) | Costa Rica | Panama | Honduras | Guatemala | Nicaragua | El Salvador | | Until 31 December 2010 | 145 | 1025000 | 375000 | 50000 | 50000 | 10000 | 200 | | 1.1-31.12.2011 | 138 | 1076250 | 393750 | 52500 | 52500 | 10500 | 2100 | | 1.1-31.12.2012 | 131 | 1127500 | 412500 | 55000 | 55000 | 11000 | 2200 | | 1.1-31.12.2013 | 124 | 1178750 | 431250 | 57500 | 57500 | 11500 | 2300 | | 1.1-31.12.2014 | 117 | 1230000 | 450000 | 60000 | 60000 | 12000 | 2400 | | 1.1-31.12.2015 | 110 | 1281250 | 468750 | 62500 | 62500 | 12500 | 2500 | | 1.1-31.12.2016 | 103 | 1332500 | 487500 | 65000 | 65000 | 13000 | 2600 | | 1.1-31.12.2017 | 96 | 1383750 | 506250 | 67500 | 67500 | 13500 | 2700 | | 1.1-31.12.2018 | 89 | 1435000 | 525000 | 70000 | 70000 | 14000 | 2800 | | 1.1-31.12.2019 | 82 | 1486250 | 543750 | 72500 | 72500 | 14500 | 2900 | | 1.1.2020 and onwards | 75 | Not applicable | Not applicable | Not applicable | Not applicable | Not applicable | Not applicable | 2. The preferential customs duties indicated in the table above shall apply from the date of entry into force of this Agreement. The duties shall not be reduced retroactively.

3. In 2019 the Parties shall examine an improvement in the tariff liberalisation of bananas.

4. A stabilisation clause shall be based on the following elements:

  • a)A trigger volume is established for imports from the Republics of the CA Party for each year during the transition period, as indicated in the table above. The trigger volume shall apply individually to the Republics of the CA Party, as established in the table above58.

58 For the purpose of recording imports to be taken into consideration for the trigger volumes established in paragraph 1, the EU Party shall require the presentation of a certificate issued by the competent authority of the exporting Republic of the CA Party.

  • b)Once this import volume is reached during a calendar year, the EU Party may temporarily suspend the preferential customs duty established in the table above for a period not exceeding three months, which shall not extend beyond the end of the calendar year.
  • c)Should it suspend said preferential customs duty, the EU Party shall apply the base rate (according to its list) or the MFN tariff applicable at the time this measure is taken, if this is lower.
  • d)Should it apply the actions mentioned in subparagraphs b) and c), the EU Party shall immediately initiate consultations with the Republics of the CA Party to analyse and evaluate the situation on the basis of the available factual data.
  • e)The measures mentioned in subparagraphs b) or c) shall only be applicable during the transition period.

List of the EU Party List of the Republics of the CA Party List of Panama

CONCERNING THE DEFINITION OF THE CONCEPT OF "ORIGINATING PRODUCTS" AND METHODS OF ADMINISTRATIVE COOPERATION INDEX

GENERAL PROVISIONS

ANNEX I

SECTION A

SECTION B

ANNEX II

TITLE I

1

DEFINITION OF THE CONCEPT OF "ORIGINATING PRODUCTS"

TITLE II

2
3
4
5
6
7
8
9
10

TERRITORIAL REQUIREMENTS

TITLE III

11
12
13

PROOF OF ORIGIN

TITLE IV

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

PROVISIONS FOR ADMINISTRATIVE COOPERATION

TITLE V

29
30
31
32
33

CEUTA AND MELILLA

TITLE VI

34
35

FINAL PROVISIONS

TITLE VII

36
37
38
39

List of Appendices Appendix 1: Introductory notes to Annex II Appendix 2: List of working or processing required to be carried out on non-originating materials in order that the product manufactured can obtain originating status Appendix 2 A: Addendum to the list of working or processing required to be carried out on non-originating materials in order that the product manufactured can obtain originating status Appendix 3: Specimens of movement certificate EUR.1 and application for a movement certificate EUR.1 Appendix 4: Invoice declaration Appendix 5: Time period for the submission of an invoice declaration or refund of duties as established in Article 19, paragraph 6, and Article 21, paragraph 4, of Annex II, Concerning the definition of the concept of "originating products" and methods of administrative cooperation.

Appendix 6: Amounts mentioned in Article 19, paragraph 1, subparagraph b), and Article 24, paragraph 3, of Annex II, Concerning the definition of the concept of "originating products" and methods of administrative cooperation JOINT DECLARATIONS (INCLUDED AT THE END OF THIS AGREEMENT) Joint Declaration concerning the Principality of Andorra Joint Declaration concerning the Republic of San Marino Joint Declaration concerning exceptions Joint Declaration concerning the review of the rules of origin contained in Annex II (Concerning the definition of the concept of "originating products" and methods of administrative cooperation) Joint Declaration concerning the review of the rules of origin applicable to products of Chapters 61 and 62 of the Harmonised System Joint Declaration concerning the temporary use of additional non-originating materials for products of Chapters 61 and 62 of the Harmonised System

GENERAL PROVISIONS

TITLE I

1

Definitions For the purposes of this Annex59:

59 Unless otherwise specified in this Annex, references to articles shall be understood as references to the articles of this Annex.

  • a)"chapters", "headings" and "subheadings" mean the chapters, the headings (four-digit codes) and the subheadings (six-digit codes) used in the nomenclature which makes up the Harmonised System (HS); b) "classified" refers to the classification of a product or material under a particular heading; c) "competent public authority" refers to:

the customs authorities of the Member States of the European Union; 59 Unless otherwise specified in this Annex, references to articles shall be understood as references to the articles of this Annex.

For Costa Rica, the Promotora del Comercio Exterior de Costa Rica (Procomer), or its successor; For El Salvador, the Centro de Tramites de Importaciones y Exportaciones del Banco Central de Reserva (CIEX-BCR) for the issuance of a movement certificate EUR.1, verification of proofs of origin for exports and for granting approved exporter status; and the Dirección General de Aduanas (DGA) of the Ministerio de Hacienda for the verification of proofs of origin for imports, or their successors; For Guatemala, the Dirección de Administración del Comercio Exterior of the Ministerio de Economía for the issuance of a movement certificate EUR.1, for granting approved exporter status and for the verification of proofs of origin, or its successor; For Honduras, the Dirección General de Integración Económica y Política Comercial of the Secretaría de Estado en los Despachos de Industria y Comercio for the issuance of a movement certificate EUR.1, for granting approved exporter status and for the verification of proofs of origin, or its successor; For Nicaragua, the Centro de Trámites de las Exportaciones (Cetrex) of the Ministerio de Fomento, Industria y Comercio (MIFIC) for the issuance of a movement certificate EUR.1, the verification of proofs of origin for exports and for granting approved exporter status; and the Dirección General de Servicios Aduaneros (DGA) for the verification of proofs of origin for imports, or their successors; and For Panama, the Ministerio de Comercio e Industrias for the issuance of a movement certificate EUR.1 and the Autoridad Nacional de Aduanas for the verification of proofs of origin and granting approved exporter status, or their successors; d) "consignment" means products which are either sent simultaneously from one exporter to one consignee or covered by a single transport document covering their shipment from the exporter to the consignee or, in the absence of such a document, by a single invoice; e) "customs value" means the value determined in accordance with the WTO Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 (hereinafter "Agreement on Customs Valuation"); f) "ex-works price" means the price paid to the manufacturer for the product ex-works in the Party in whose undertaking the last working or processing is carried out, provided the price includes the value of all the materials used, minus any internal taxes paid which are, or may be, repaid when the product obtained is exported; g) "goods" means both materials and products; h) "manufacture" means any kind of working or processing including assembly or specific operations; i) "material" means any ingredient, raw material, component or part, etc., used in the manufacture of the product; j) "product" means the product being manufactured, even if it is intended for later use in another manufacturing operation; k) "value of the materials" means the customs value at the time of importation of the non-originating materials used, or, if this is not known and cannot be ascertained, the first ascertainable price paid for the materials in the Party; l) "value of originating materials" means the value of such materials as defined in subparagraph k) applied mutatis mutandis.

DEFINITION OF THE CONCEPT OF "ORIGINATING PRODUCTS"

TITLE II

2

General requirements 1. For the purpose of implementing Title II (Trade in Goods) of Part IV of this Agreement, the following products shall be considered as originating in the European Union:

  • a)products wholly obtained in the European Union within the meaning of Article 4; b) products obtained in the European Union incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing in the European Union within the meaning of Article 5.

2. For the purpose of implementing Title II (Trade in Goods) of Part IV of this Agreement, the following products shall be considered as originating in Central America:

  • a)products wholly obtained in Central America within the meaning of Article 4; b) products obtained in Central America incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing in Central America within the meaning of Article 5.
3

Cumulation of origin 1. Materials originating in the European Union shall be considered as materials originating in Central America when incorporated into a product obtained there. It shall not be necessary that such materials have undergone sufficient working or processing, provided they have undergone working or processing going beyond that referred to in Article 6.

2. Materials originating in Central America shall be considered as materials originating in the European Union when incorporated into a product obtained there. It shall not be necessary that such materials have undergone sufficient working or processing, provided they have undergone working or processing going beyond that referred to in Article 6.

3. Not withstanding the provisions of paragraphs 1 and 2, materials originating in Bolivia, Colombia, Ecuador, Peru or Venezuela shall be considered as materials originating in Central America when further processed or incorporated into a product obtained there60.

60 Should one of the countries mentioned in this paragraph cease to be a beneficiary of preferential tariff treatment in the European Union market, thus preventing Central America from cumulation of materials under this article, the European Union shall take all measures consistent with its WTO obligations necessary to ensure that Central America maintains the same level of flexibility to which it is entitled under Article 3. After receiving a request pursuant to this provision, the European Union shall, without undue delay, inform the Republics of the CA Party concerned of the actions taken to ensure continuation of the cumulation possibilities provided for in this article.

(Nota de Sinalevi: By means of subsection 18) sub-subsection a) of the annex of International Treaty No. 9775 of 29 October 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", it was agreed to indicate that the above footnote is not incorporated into the aforementioned Agreement) 4. In order for the products referred to in paragraph 3 to acquire originating status, it shall not be necessary that the materials have undergone sufficient working or processing, provided that:

  • a)the working or processing of the materials carried out in Central America goes beyond the operations referred to in Article 6; b) the materials are originating in one of the countries listed in paragraph 3, in application of rules of origin identical to those applicable if such materials were exported directly to the European Union; and c) the agreements in force between Central America and the other countries referred to in paragraph 3 allow for adequate administrative cooperation procedures to ensure the full implementation of this paragraph, as well as the certification and verification of the originating status of the products61.

61 The Agreements referred to in this paragraph have been fulfilled and notified to the European Union. The reference of the notification was published on 29.5.2003 in OJ L 134, p. 1.

(Nota de Sinalevi: By means of subsection 18) sub-subsection a) of the annex of International Treaty No. 9775 of 29 October 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", it was agreed to indicate that the above footnote is not incorporated into the aforementioned Agreement) 5. The originating status of materials exported from one of the countries referred to in paragraph 3 to Central America, to be used in working or processing, shall be established by a proof of origin under which these materials can be exported directly to the European Union.

6. The proof of originating status, acquired under the terms of paragraph 4, of the goods exported to the European Union shall be established by a movement certificate EUR.1 issued or an invoice declaration made out in the exporting country, in accordance with the provisions of Title IV (Proof of origin) of this Annex. These documents shall bear the entry "cumulation with (name of country)".

7. At the request of a Republic of the CA Party or the European Union, materials originating in Mexico, South America or the Caribbean countries shall be considered as materials originating in Central America or the European Union respectively, when further processed or incorporated into a product obtained there.

8. The request shall be addressed to the Subcommittee on Customs, Trade Facilitation and Rules of Origin, in accordance with Article 123 of Chapter 3 (Customs and trade facilitation) of Title II of Part IV of this Agreement.

9. In order for the products referred to in paragraph 7 to acquire originating status, it shall not be necessary that the materials have undergone sufficient working or processing, provided that:

  • a)the working or processing of the materials carried out in Central America or in the European Union goes beyond the operations referred to in Article 6; b) the materials are originating in Mexico, South America or a Caribbean country, in application of rules of origin identical to those applicable if such materials were exported directly to the European Union; c) the materials are originating in Mexico, South America or a Caribbean country, in application of rules of origin identical to those applicable if such materials were exported directly to Central America; and d) the Republics of the CA Party, the European Union and the other country or countries concerned have an agreement on adequate administrative cooperation procedures which will ensure full implementation of this paragraph, as well as the certification and verification of the originating status of the products.

10. The Parties, by mutual agreement, shall notify the Subcommittee on Customs, Trade Facilitation and Rules of Origin of the materials subject to the provisions of paragraphs 7 to 12.

11. The cumulation provided for in paragraphs 7, 8, 9, 10 and 12 of this article may be applied provided that:

  • a)preferential trade agreements in accordance with Article XXIV of the GATT 1994 are in force between the non-Party concerned and the Republics of the CA Party and the European Union, respectively. This cumulation shall only apply between the Parties for which these agreements are in force; b) the Agreements referred to in subparagraph a) contain provisions on cumulation equivalent to those provided for in paragraphs 7, 8, 9, 10 and 12 of this article, in order for the cumulation provisions to apply reciprocally between the Republics of the CA Party, the European Union and the non-Party concerned, respectively; and c) notices indicating the fulfilment of the necessary requirements to apply for cumulation in accordance with paragraphs 7, 8, 9, 10 and 12 of this article have been published in the official publications of the Parties and of the non-Party countries concerned, in accordance with their own procedures.

(Thus amended the previous subparagraph by subsection 18) sub-subsection b) of the annex of International Treaty No. 9775 of 29 October 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") 12. The Parties may establish additional conditions for the application of paragraphs 7 to 11.

(*)Article 3a Extended cumulation of origin 1. The extended cumulation of origin provided for in this article shall apply not withstanding the provisions of Article 3.

2. Materials originating in the European Union shall be considered as materials originating in the United Kingdom when incorporated into a product obtained there. It shall not be necessary that such materials have undergone sufficient working or processing, provided they have undergone working or processing going beyond that referred to in Article 6.

3. Materials originating in the European Union shall be considered as materials originating in Central America when they are incorporated into a product obtained there. It shall not be necessary for such materials to have undergone sufficient working or processing (elaboraciones o transformaciones suficientes), provided they have undergone working or processing going beyond that referred to in Article 6.

4. Without prejudice to the provisions of Article 2(1), working or processing carried out in the United Kingdom shall be considered as carried out in the European Union if the materials obtained undergo subsequent working or processing in the United Kingdom that goes beyond the operations referred to in Article 6.

5. The accumulation (acumulación) provided for in this Article shall apply provided that:

(a) the countries involved in the acquisition of originating status and the country of destination have administrative cooperation agreements ensuring the correct application of this Article; (b) the materials and products have acquired originating status by the application of the same rules of origin (normas de origen) as those provided for in this Annex.

(*) (Thus added the preceding Article 3 a) by section 18) sub-section c) of the annex of International Treaty, N° 9775 of 29 October 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on 18 July 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama regarding Section 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on 18 July 2019")

4

Wholly obtained products (Productos enteramente obtenidos) 1. The following shall be considered as wholly obtained in the European Union or in Central America:

  • a)mineral products extracted from their soil or seabed; b) vegetable products harvested or grown and gathered there; c) live animals born and raised there; d) products from live animals raised there; e) i) products of hunting carried out there; ii) products of fishing carried out in their inland waters or within twelve nautical miles measured from the baselines of the European Union or of the Republics of the CA Party; iii) products of aquaculture, including mariculture, where the fish, crustaceans, molluscs and other aquatic invertebrates were born or raised there; f) products of sea fishing and other products taken from the sea outside the twelve nautical miles measured from the baselines of the European Union or of the Republics of the CA Party by their vessels; g) products made aboard their factory ships exclusively from products referred to in subparagraph (f); h) used articles collected there, fit only for the recovery of raw materials, including used tyres fit only for retreading or for use as waste; i) waste and scrap resulting from manufacturing operations conducted there; j) products extracted from the seabed or subsoil outside their territorial waters, provided that they have exclusive rights to exploit that seabed or subsoil; k) goods produced there exclusively from the products specified in subparagraphs (a) to (j).

(*)2. The terms "their vessels" and "their factory ships" used in paragraph 1 (f) and (g), shall apply only to vessels and factory ships which:

(a) are registered in the United Kingdom or in a Republic of the CA Party in accordance with the national legislation of each Party; (b) sail under the flag of the United Kingdom or of a Republic of the CA Party; and (c) meet one of the following conditions: (i) are at least 50 per cent owned by nationals of the United Kingdom, of the Member States of the European Union or of the Republics of the CA Party; or (ii) are owned by companies -which have their head office and main place of business situated in the United Kingdom, in a Member State of the European Union or in a Republic of the CA Party, and -which are at least 50 per cent owned by the United Kingdom, by a Member State of the European Union or by a Republic of the CA Party, public entities or nationals of those States.

(*) (Thus amended the preceding subsection 4.2) by section 18) sub-section d) of the annex of International Treaty, N° 9775 of 29 October 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on 18 July 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama regarding Section 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on 18 July 2019") 3. The conditions of paragraph 2 may be fulfilled in the different countries referred to in Article 3 in accordance with the conditions laid down in this Article.

(Thus amended the preceding subsection by section 18) sub-section d) of the annex of International Treaty, N° 9775 of 29 October 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on 18 July 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama regarding Section 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on 18 July 2019")

5

Sufficiently worked or processed products (Productos suficientemente elaborados o transformados) 1. For the purposes of Article 2, products which are not wholly obtained shall be considered to be sufficiently worked or processed when the conditions set out in the list in Appendix 2 are fulfilled.

The conditions referred to above indicate, for all products covered by the Agreement, the working or processing which must be carried out on non-originating materials used in manufacturing, and apply only in relation to such materials. It follows that if a product which has acquired originating status by fulfilling the conditions set out in the list is used in the manufacture of another product, the conditions applicable to the product into which it is incorporated shall not apply to it, and no account shall be taken of the non-originating materials which may have been used in its manufacture.

2. Notwithstanding paragraph 1, non-originating materials which, according to the conditions set out in the list, are not to be used in the manufacture of a product may nevertheless be used, provided that:

  • a)their total value does not exceed 10 per cent of the ex-works price of the product; b) any of the percentages given in the list for the maximum value of non-originating materials is not exceeded by virtue of the application of this paragraph.

This paragraph shall not apply to products falling within Chapters 50 to 63 of the Harmonized System, for which Appendix 1 shall apply. Additionally, this paragraph shall not apply to products wholly obtained in the Parties. However, without prejudice to Article 7, the tolerance set out in this paragraph shall also apply to materials which are used in the manufacture of a product and for which the rule laid down in the list in Appendix 2 for that product requires that such materials be wholly obtained.

3. Paragraphs 1 and 2 shall apply subject to the provisions of Article 6.

6

Insufficient working or processing operations (Operaciones de elaboración o transformación insuficiente) 1. Notwithstanding paragraph 2, the following operations shall be considered as insufficient working or processing to confer the status of originating products, whether or not the requirements of Article 5 are satisfied:

  • a)preserving operations to ensure that the products remain in good condition during transport and storage; b) breaking-up or assembly of packages; c) washing, cleaning; removal of dust, oxide, oil, paint or other coverings; d) ironing or pressing of textiles; e) simple painting and polishing operations; f) husking, partial or total bleaching, polishing, and glazing of cereals and rice; g) operations to colour or flavour sugar or form sugar lumps; partial or total milling of crystal sugar; h) shelling, stoning or peeling of fruits, nuts and vegetables; i) sharpening, simple grinding or simple cutting; j) sifting, screening, sorting, classifying, grading, matching (including the making-up of sets of articles); k) simple placing in bottles, cans, flasks, bags, cases and boxes, or fixing on cards or boards, and all other simple packaging operations; l) affixing or printing marks, labels, logos and other like distinguishing signs on products or their packaging; m) simple mixing of products, whether or not of different kinds; mixing of sugar with any material; n) simple assembly of parts of articles to constitute a complete article or disassembly of products into parts; o) slaughter of animals; p) a combination of two or more operations specified in subparagraphs (a) to (o).

2. All operations carried out in the European Union or in Central America on a given product shall be considered together when determining whether the working or processing undergone by that product is to be regarded as insufficient within the meaning of paragraph 1.

7

Unit of qualification (Unidad de calificación) 1. The unit of qualification for the application of the provisions of this Annex shall be the particular product which is considered as the basic unit when determining classification using the nomenclature of the Harmonized System.

It follows that:

  • a)when a product composed of a group or assembly of articles is classified under a single heading of the Harmonized System, the whole constitutes the unit of qualification; b) when a consignment consists of a number of identical products classified under the same heading of the Harmonized System, each product must be taken individually when applying the provisions of this Annex.

2. Where, under General Rule 5 of the Harmonized System, packaging is included with the product for classification purposes, it shall be included for the purposes of determining origin.

8

Accessories, spare parts and tools (Accesorios, piezas de repuesto y herramientas) Accessories, spare parts and tools dispatched with a piece of equipment, machine, apparatus or vehicle, which are part of the normal equipment and included in the price thereof or which are not separately invoiced, shall be regarded as one with the piece of equipment, machine, apparatus or vehicle in question.

9

Sets or assortments (Conjuntos o surtidos) Sets or assortments, as defined in General Rule 3 of the Harmonized System, shall be regarded as originating when all component products are originating. Nevertheless, when a set or assortment is composed of originating and non-originating products, the set or assortment as a whole shall be regarded as originating, provided that the value of the non-originating products does not exceed 15 per cent of the ex-works price of the set or assortment.

10

Neutral elements (Elementos neutros) In order to determine whether a product is originating, it shall not be necessary to determine the origin of the following which might be used in its manufacture:

  • a)energy and fuel; b) plant and equipment; c) machines and tools; d) goods which do not enter and which are not intended to enter into the final composition of the product.

TERRITORIAL REQUIREMENTS

TITLE III

11

Principle of territoriality (Principio de territorialidad) 1. Except as provided for in Article 3, the conditions set out in Title II of this Annex relative to the acquisition of originating status shall be fulfilled without interruption in the European Union or in Central America.

(Thus amended the preceding subsection by section 18) sub-section e) of the annex of International Treaty, N° 9775 of 29 October 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on 18 July 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama regarding Section 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on 18 July 2019") 2. Except as provided for in Article 3, if originating goods exported from the European Union or from Central America to another country are returned, they shall be considered as non-originating, unless it can be demonstrated to the satisfaction of the customs authorities that:

(Thus amended the preceding subsection by section 18) sub-section e) of the annex of International Treaty, N° 9775 of 29 October 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on 18 July 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama regarding Section 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on 18 July 2019") a) the returned goods are the same as those exported; and b) they have not undergone any operation beyond that necessary to preserve them in good condition while in that country or while being exported.

3. The acquisition of originating status in accordance with the conditions set out in Title II of this Annex shall not be affected by working or processing carried out outside the Parties on materials exported from the European Union or from Central America and subsequently re-imported there, provided that:

  • a)the said materials are wholly obtained in the European Union or Central America or have undergone working or processing going beyond the operations referred to in Article 6 prior to being exported; and b) it can be demonstrated to the satisfaction of the customs authorities that:
  • i)the re-imported goods have been obtained by working or processing the exported materials; and ii) the total added value acquired outside the Parties by applying the provisions of this Article does not exceed 10 per cent of the ex-works price of the final product for which originating status is claimed.

4. For the purposes of paragraph 3, the conditions for acquiring originating status set out in Title II of this Annex shall not apply to the working or processing carried out outside the Parties. Nevertheless, where, in the list in Appendix 2, a rule setting a maximum value for all the non-originating materials incorporated is applied in determining the originating status of the final product, the total value of the non-originating materials incorporated in the territory of the Party concerned, taken together with the total added value acquired outside the Parties by applying the provisions of this Article, shall not exceed the stated percentage.

5. For the purposes of applying the provisions of paragraphs 3 and 4, "total added value" shall mean all costs arising outside the Parties, including the value of the materials incorporated there.

6. The provisions of paragraphs 3 and 4 shall not apply to products which do not fulfil the conditions set out in the list in Appendix 2 or which can be considered sufficiently worked or processed only if the general tolerance fixed in Article 5, paragraph 2, is applied.

7. The provisions of paragraphs 3 and 4 shall not apply to products of Chapters 50 to 63 of the Harmonized System.

8. Any working or processing of the kind covered by the provisions of this Article and carried out outside the Parties shall be done under the outward processing arrangements, or similar arrangements.

12

Direct transport (Transporte directo) 1. The preferential tariff treatment provided for under this Agreement applies exclusively to products satisfying the requirements of this Annex which are transported directly between the Parties or through the European Union(*). Nevertheless, products may be transported through other territories, if necessary, with trans-shipment or temporary warehousing in such territories, provided that the products remain under the surveillance of the customs authorities in the country of transit or storage and do not undergo operations other than unloading, reloading or any operation designed to preserve them in good condition.

(*) (Thus amended the preceding subsection by section 18) sub-section f. i) of the annex of International Treaty, N° 9775 of 29 October 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on 18 July 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama regarding Section 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on 18 July 2019") Originating products may be transported by pipeline across territories other than those of the Parties.

For the avoidance of doubt, consignments that are transported through the European Union may undergo operations including unloading, reloading, splitting, storage, labelling, marking or any other operations designed to preserve them in good condition, provided they remain under the surveillance of the customs authorities in the Member State of the European Union.

(Thus added the preceding paragraph by section 18) sub-section f. ii) of the annex of International Treaty, N° 9775 of 29 October 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on 18 July 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama regarding Section 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on 18 July 2019") 2. Compliance with the conditions set out in paragraph 1 may be evidenced by providing the customs authorities of the importing Party with:

  • a)a single transport document covering the passage from the exporting Party through the country of transit; or b) a certificate issued by the customs authorities of the country of transit containing the following: i) an exact description of the products, ii) the dates of unloading and reloading of the products and, where applicable, the names of the ships or other means of transport used, and iii) the conditions under which the products remained in the country of transit; or c) failing these, any substantiating documents satisfactory to the customs authority of the importing Party.
13

Exhibitions (Exposiciones) 1. Originating products sent for exhibition in a country other than the Parties and sold after the exhibition for importation into the territory of a Party shall benefit on importation from the provisions of this Agreement, provided it is shown to the satisfaction of the customs authorities that:

  • a)an exporter has consigned these products from the European Union or from a Republic of the CA Party to the country in which the exhibition is held and has exhibited them there; b) the products have been sold or otherwise disposed of by that exporter to a person in the territory of a Party; c) the products have been consigned during the exhibition or immediately thereafter in the state in which they were sent for exhibition; and d) the products have not, since they were consigned for exhibition, been used for purposes other than demonstration at the exhibition.

2. A proof of origin (prueba de origen) must be issued or made out in accordance with the provisions of Title IV of this Annex and submitted to the customs authorities of the importing Party in the normal manner. The name and address of the exhibition shall be indicated thereon. Where necessary, additional documentary evidence of the conditions under which they have been exhibited may be required.

3. Paragraph 1 shall apply to any trade, industrial, agricultural or crafts exhibition, fair or similar public show or display which is not organised for private purposes in shops or business premises with a view to the sale of foreign products, and during which the products remain under customs control.

PROOF OF ORIGIN

TITLE IV

14

General requirements (Requisitos generales) 1. Originating products of the European Union shall, on importation into Central America, and originating products of Central America shall, on importation into the European Union, benefit from this Agreement upon submission of:

  • a)a movement certificate EUR.1, a specimen of which appears in Appendix 3; or b) in the cases specified in Article 19, paragraph 1, a declaration, subsequently referred to as the "invoice declaration" (declaración en factura), given by the exporter on an invoice, a delivery note or any other commercial document which describes the products concerned in sufficient detail to enable them to be identified; the text of the invoice declaration appears in Appendix 4.

(Note from Sinalevi: By resolution N° 012 of 12 July 2017, it was agreed to clarify from the preceding paragraph the phrase "any other commercial document" within the framework of the Free Trade Agreement between the Government of the Republic of Costa Rica and the Government of the Republic of Peru, the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America, on the other (AACUE) and the Free Trade Agreement between the EFTA States and the Central American States, as follows: "1. The "declaration of origin"1 or the "invoice declaration"2 referred to in the free trade agreements with Peru, the European Union and EFTA, may be made out by writing the respective legend on the commercial invoice, the delivery note, or on "any other commercial document".

1 Article 15 paragraph 1.b and 19 paragraph 4 of Annex I of the Free Trade Agreement between the EFTA States and the Central American States and Article 3.17 paragraph 5 of the Free Trade Agreement between the Government of the Republic of Costa Rica and the Government of the Republic of Peru.

2 Articles 14 paragraph 1.b and 19 paragraph 4 of Annex II of the AACUE.

2. That the cited agreements indicate that, when "any other commercial document" is used, it must describe the products concerned in sufficient detail to enable them to be identified by the customs authority.

3. Consequently, documents such as the packing list, the purchase order or the bill of lading that accompany the importation, qualify as "any other commercial document", provided that the products are described in sufficient detail to allow their identification.") 2. Notwithstanding paragraph 1, in the cases specified in Article 24, originating products within the meaning of this Annex shall benefit from the Agreement without it being necessary to submit any of the documents referred to above.

15

Procedure for the issue of movement certificates EUR.1 (Procedimiento de expedición de certificados de circulación de mercancías EUR.1) 1. A movement certificate EUR.1 shall be issued by the competent public authority of the exporting Party on written application from the exporter or, under the exporter's responsibility, from his authorised representative.

2. For this purpose, the exporter or his authorised representative shall complete both the movement certificate EUR.1 and the application form, specimens of which appear in Appendix 3. These forms shall be completed in one of the languages in which this Agreement is drawn up and in accordance with the provisions of the national law of the exporting Party. If they are completed by hand, they shall be completed in ink in printed characters. The description of the products must be given in the box reserved for this purpose without leaving any blank lines. Where the box is not completely filled, a horizontal line must be drawn below the last line of the description, the empty space being crossed through.

3. The exporter applying for the issue of a movement certificate EUR.1 shall be prepared to submit at any time, at the request of the competent public authority of the exporting Party where the movement certificate EUR.1 is issued, all appropriate documents proving the originating status of the products concerned as well as the fulfilment of the other requirements of this Annex.

(Note from Sinalevi: In accordance with Decision No. 2/2020 of the EU-Central America Association Council of 14/12/20 introducing explanatory notes to Articles 15, 16, 19, 20 and 30 of Annex II concerning the definition of the concept of "originating products" and methods of administrative cooperation to the "Agreement establishing an Association between Central America, on the one hand, and the European Union and its Member States, on the other"; approved by executive decree N° 43149 of 10 May 2021, it was agreed to introduce an explanatory note to point 3) above. It shall read as follows: "Article 15, paragraph 3 Documents accompanying movement certificates EUR. 1 The invoice relating to goods exported under preferential tariff treatment from the territory of one of the Parties and accompanying a movement certificate EUR.1 may be issued in a third country.") 4. A movement certificate EUR.1 shall be issued by the competent public authority of a Member State of the European Union or of a Republic of the CA Party if the products concerned can be considered as products originating in the European Union or in Central America and fulfil the other requirements of this Annex.

5. The competent public authorities issuing movement certificates EUR.1 shall take any steps necessary to verify the originating status of the products and the fulfilment of the other requirements of this Annex.

For this purpose, they shall have the right to call for any evidence and to inspect the exporter's accounts62 or to carry out any other check considered appropriate. They shall also ensure that the forms referred to in paragraph 2 are duly completed. In particular, they shall check whether the space reserved for the description of the products has been completed in such a way as to exclude all possibility of fraudulent additions.

62 For greater certainty, whenever the concept of "accounts" is used in this Annex or in its Appendices, it shall be understood as a reference to the accounting records.

6. The date of issue of the movement certificate EUR.1 shall be indicated in Box 11 of the certificate.

7. The competent public authorities shall issue a movement certificate EUR.1 which shall be made available to the exporter as soon as actual exportation has been effected or ensured.

(Sinalevi Note: Pursuant to Decision No. 2/2020 of the EU-Central America Association Council of 14/12/20, which introduces explanatory notes to Articles 15, 16, 19, 20, and 30 of Annex II Concerning the definition of the concept of “originating products” and methods of administrative cooperation to the "Agreement establishing an Association between Central America, on the one hand, and the European Union and its Member States, on the other"; approved by Decreto Ejecutivo N° 43149 of May 10, 2021, it was agreed to introduce an explanatory note to point 7) above. It shall read as follows:" Article 15, paragraph 7 When effective exportation is carried out or ensured For the purposes of the competent authorities issuing a movement certificate EUR.1, exportation shall be considered to be carried out or ensured by the presentation of the export declaration by the exporter and its acceptance by the customs authority.)

(Sinalevi Note: Pursuant to Decision No. 2/2020 of the EU-Central America Association Council of 14/12/20, which introduces explanatory notes to Articles 15, 16, 19, 20, and 30 of Annex II Concerning the definition of the concept of “originating products” and methods of administrative cooperation to the "Agreement establishing an Association between Central America, on the one hand, and the European Union and its Member States, on the other"; approved by Decreto Ejecutivo N° 43149 of May 10, 2021, it was agreed to introduce an explanatory note to numeral 15 above. It shall read as follows: "

15

Movement certificate EUR.1: forms and filling-in instructions Serial number EUR1 The movement certificate EUR.1 must bear a serial number to facilitate its identification. The serial number shall normally be composed of letters and numbers. Forms of the movement certificate EUR.1 Movement certificates EUR.1, which may vary in their wording or the placement of footnotes depending on the issuing competent public authority, may be accepted as proof of origin in relation to the specimen appearing in Appendix 3 (Specimens of movement certificate EUR.1 and application for a movement certificate EUR.1) of Annex II (Concerning the definition of the concept of “originating products” and methods of administrative cooperation) of the Agreement, provided that the variations do not modify the information required in each box.

¹See the “Annex to the explanatory notes: Terms that refer unequivocally to the European Union”.

Box 1 The complete details of the exporter of the goods (name, full and current address, and country from which the exportation originates) must be provided.

Box 2 Certificate used in preferential trade between To this end, the following must be indicated:

Central America; European Union or EU¹; Ceuta; Melilla; Andorra or AD; San Marino or SM.

¹See the “Annex to the explanatory notes: Terms that refer unequivocally to the European Union”.

Box 3 Consignee Filling in this box is optional. If it is filled in, the consignee’s details must be included: name, full and current address, and country of destination of the goods.

Box 4 Country, group of countries or territory from which the products are considered as originating The country, group of countries or territory of origin of the goods must be specified:

Central America; European Union or EU²; Ceuta; Melilla; Andorra or AD; San Marino or SM.

²See the “Annex to the explanatory notes: Terms that refer unequivocally to the European Union”.

Box 5 Country, group of countries or territory of destination The country, group of countries or territory of the importing Party to which the products are destined must be indicated: Central America; European Union or EU³; Ceuta; Melilla; Andorra or AD; San Marino or SM.

Box 6 Transport details Filling in this box is optional. If it is filled in, the means of transport and airway bill or bill of lading numbers, with the names of the respective transport companies, must be indicated.

Box 7 Remarks This box must be filled in in the following cases:

1. In the case of a certificate issued after the exportation of the goods in accordance with Article 16 of Annex II of the Agreement, the following phrase must be indicated in this box, in one of the languages established in the Agreement: “ISSUED RETROSPECTIVELY”. In addition, in the case established in accordance with Article 16, paragraph 1, subparagraph (b), of Annex II, the serial number of the movement certificate EUR.1 that was not accepted at the time of importation for technical reasons shall be indicated in this box: “EUR.1 No. …”.

2. In the case of a duplicate of the certificate issued in accordance with Article 17 of Annex II, the following phrase must be indicated in this box, in one of the languages established in the Agreement: “DUPLICATE” and the date of issue of the original movement certificate EUR.1.

³See the “Annex to the explanatory notes: Terms that refer unequivocally to the European Union”.

3. In the case of cumulation of origin with Bolivia, Colombia, Ecuador, Peru, or Venezuela, the following must be indicated in this box: “cumulation with (name of the country)”, in accordance with Article 3 of Annex II.

4. When a product is covered by a rule of origin subject to quotas, the phrase: “Product originating in accordance with Appendix 2A of Annex II (Concerning the definition of the concept of “originating products” and methods of administrative cooperation)” must be indicated in this box.

5. In other cases considered useful for clarifying the information on the movement certificate EUR.1.

Box 8 Item number; marks and numbers; number and kind of packages; description of goods The description of the goods must be provided, in accordance with the description on the invoice, and other information must be provided, such as: item number or line item number; marks and numbers; number and kind of packages (pallets, boxes, bags, rolls, barrels, sacks, etc.). A general description of the goods may be provided, provided that it is related to the specific description on the invoice and there is an unequivocal link between the import document and the movement certificate EUR.1. In this case, the invoice number must be indicated in this box. Preferably, the tariff classification should be indicated, at least at the heading level (four-digit code) according to the Harmonized System (HS).

In the case of unpacked goods, the number of articles or the phrase “in bulk”, as the case may be, shall be stated.

The description of the goods must be detailed by placing an item or line item number before it, without leaving blank lines or spaces, and no empty spaces shall remain between the different products indicated on the certificate. If the box is not completely filled in, a horizontal line must be drawn below the last line of the description, and a crossed line in the remaining blank space so as to make any subsequent addition impossible. When the box is insufficient to include the necessary particulars to identify the products, especially in the case of large consignments, the exporter may specify the products to which the certificate refers on the attached invoices for the products and, if necessary, on any other commercial document, provided that:

  • a)the invoice numbers are indicated in Box 10 of the movement certificate EUR.1; b) the invoices and, where applicable, the other commercial documents are firmly attached to the certificate before it is presented to the competent public authority; and c) the competent public authority has stamped the invoices and, where applicable, the other commercial documents, attaching them to the certificates.

Box 9 Gross mass (kg) or other measure (l, m³, etc.)

Specify the gross mass (kg) or other measure (liters, m³, etc.) of all the goods detailed in Box 8 or separately for each item (HS heading).

Box 10 Invoices Filling in this box is optional. If filled in, the date and number(s) of the invoice(s) shall be indicated.

Box 11 Endorsement by the competent public or customs authority This box is for the exclusive use of the competent public or customs authority, as applicable in each country, responsible for issuing the certificate.

Box 12 Declaration by the exporter This box is for the exclusive use of the exporter or their authorized representative. The place and date on which the certificate is drawn up must be recorded and it must be signed by the exporter or their authorized representative.

The exporter or their authorized representative may sign the movement certificate EUR.1 physically or, if authorized by the Parties, digitally.

By signing the form, the exporter or their authorized representative declares that the goods comply with the provisions of the EU-Central America Agreement.

Box 13 Request for verification and Box 14 Result of verification These boxes are for the exclusive use of the competent public authority or customs authority in each country, as appropriate, for verification purposes.

15

When effective exportation is carried out or ensured For the purposes of the competent authorities issuing a movement certificate EUR.1, exportation shall be considered to be carried out or ensured by the presentation of the export declaration by the exporter and its acceptance by the customs authority.")

16

Issuance of movement certificates EUR.1 retrospectively 1. Notwithstanding Article 15, paragraph 7, a movement certificate EUR.1 may exceptionally be issued after exportation of the products to which it relates if:

  • a)it was not issued at the time of exportation because of errors, involuntary omissions, or special circumstances; or b) it is demonstrated to the satisfaction of the competent public authorities that a movement certificate EUR.1 was issued but not accepted at the time of importation for technical reasons.

(Sinalevi Note: Pursuant to Decision No. 2/2020 of the EU-Central America Association Council of 14/12/20, which introduces explanatory notes to Articles 15, 16, 19, 20, and 30 of Annex II Concerning the definition of the concept of “originating products” and methods of administrative cooperation to the "Agreement establishing an Association between Central America, on the one hand, and the European Union and its Member States, on the other"; approved by Decreto Ejecutivo N° 43149 of May 10, 2021, it was agreed to introduce an explanatory note to subparagraph b). It shall read as follows: "Article 16, paragraph 1, subparagraph (b) Technical reasons 1. A movement certificate EUR.1 may be rejected for “technical reasons” when it has not been filled in in accordance with the established provisions. These are cases where a certificate issued retrospectively may be presented subsequently, and this category includes, for example, the following situations:

when the movement certificates EUR.1 have been issued on forms other than the one agreed upon (for example, they do not bear a printed guilloche background, show significant differences in size or color compared to the agreed model, do not bear a serial number, or are printed in a non-authorized language); when one of the mandatory boxes of the movement certificate EUR.1 has not been filled in (for example, Box 4); when the movement certificate EUR.1 has been issued by a non-competent authority of one of the Parties; when the stamp used has not been notified; when the date indicated in Box 11 is earlier than the date indicated in Box 12; when the movement certificate EUR.1 lacks a stamp or signature (Box 11); when a photocopy or a copy of the movement certificate EUR.1 is presented instead of the original; when the mention in Boxes 2 or 5 refers to a country that is not a Party to the Agreement; if a horizontal line has not been drawn below the last line of the description and a crossed line in the blank space in Box 8.

Procedure to be followed:

The document must bear the phrase “Document rejected” in one of the official languages of the Agreement, indicating the reason(s) for rejection on the certificate or on another document issued by the customs authorities. The certificate and, where applicable, the other document shall then be returned to the importer so that they can obtain a new document issued retrospectively. However, the customs authorities may eventually retain a photocopy of the rejected certificate for a subsequent verification or if they have reason to suspect fraudulent activity.

2. Without prejudice to the above, minor errors, discrepancies, or omissions in the filling-in of a movement certificate EUR.1 shall not be considered technical reasons justifying its rejection, as they do not prevent the acquisition and assessment of the relevant information of the proof of origin. By way of example, the following cases shall not be considered technical reasons for rejection:

typing errors, provided there is no doubt about the accuracy of the information provided in one or more boxes of the movement certificate EUR.1; the information provided exceeds the available space in the box; one or more boxes are filled in with a stamp, provided that all required information is included (for example, the signature must be handwritten); the unit of measurement used in Box 9 does not correspond to the unit of measurement indicated on the corresponding invoice (for example: kilos on the movement certificate EUR.1 and square meters on the invoice); no information appears about the export document, mentioned in Box 11, if the regulations of the exporting country or territory do not require including such information; the date of issue of the movement certificate EUR.1 does not appear on the prescribed line in Box 11, but is clearly indicated in that box (for example, as part of the official stamp used by the competent authorities to stamp the certificate); the optional boxes 3, 6, 7, and 10 have not been filled in.") 2. For the application of paragraph 1, the exporter must indicate in their application the place and date of exportation of the products to which the movement certificate EUR.1 relates, and state the reasons for their application.

3. The competent public authorities may issue a movement certificate EUR.1 retrospectively only after verifying that the information supplied in the exporter's application corresponds to that contained in the corresponding file.

(*)4. Movement certificates EUR.1 issued retrospectively must bear the phrase “issued retrospectively” in one of the following languages:

ES 'EXPEDIDO A POSTERIOR!' EN 'ISSUED RETROSPECTIVELY'.

(*) (Thus amended subparagraph 4) above by subsection 18) sub-subsection g) of the annex to International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on the 18th day of July, 2019; its Annex, its Joint Declarations, and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama on Subsection 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019") 5. The mention provided for in paragraph 4 shall be inserted in the “Remarks” box of the movement certificate EUR.1.

17

Issuance of duplicates of movement certificates EUR.1 1. In the event of theft, loss, or destruction of a movement certificate EUR.1, the exporter may apply to the competent public authorities that issued it for a duplicate made out on the basis of the export documents in their possession.

(*)2. The duplicate issued in this way must bear the word “duplicate” in one of the following languages:

ES 'DUPLICADO' EN 'DUPLICATE'.

(*) (Thus amended subparagraph 2) above by subsection 18) sub-subsection h) of the annex to International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on the 18th day of July, 2019; its Annex, its Joint Declarations, and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama on Subsection 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019") 3. The mention provided for in paragraph 2 shall be inserted in the “Remarks” box of the duplicate movement certificate EUR.1.

4. The duplicate, which must bear the date of issue of the original movement certificate EUR.1, shall take effect as from that date.

18

Issuance of movement certificates EUR.1 on the basis of a proof of origin issued or made out previously When originating products are placed under the control of a customs office of a Party, the initial proof of origin may be replaced by one or more movement certificates EUR.1 for the purpose of sending all or some of these products elsewhere within the European Union or Central America. The replacement movement certificate(s) EUR.1 shall be issued by the customs office of the EU Party under whose control the products are placed or by the competent public authority of the Republics of the CA Party.

19

Conditions for making out an invoice declaration 1. An invoice declaration referred to in Article 14, paragraph 1, subparagraph (b), may be made out:

  • a)by an approved exporter within the meaning of Article 20; or b) by any exporter for any consignment consisting of one or more packages containing originating products whose total value does not exceed the amount in Euros set out in Appendix 6 (Amounts mentioned in Article 19, paragraph 1, subparagraph (b), and Article 24, paragraph 3, of Annex II, Concerning the definition of the concept of “originating products” and methods of administrative cooperation).

(Sinalevi Note: Pursuant to Decision No. 2/2020 of the EU-Central America Association Council of 14/12/20, which introduces explanatory notes to Articles 15, 16, 19, 20, and 30 of Annex II Concerning the definition of the concept of “originating products” and methods of administrative cooperation to the "Agreement establishing an Association between Central America, on the one hand, and the European Union and its Member States, on the other"; approved by Decreto Ejecutivo N° 43149 of May 10, 2021, it was agreed to introduce an explanatory note to the preceding subparagraph, which shall read as follows: "Article 19, paragraph 1, subparagraph (b) Base value relating to the issue and acceptance of invoice declarations made by exporters The ex-works price may be used as the base value for deciding whether an invoice declaration may replace the movement certificate EUR.1, with reference to the threshold value set in Appendix 6 of Annex II. If the ex-works price is used as the base value, the country of importation must accept invoice declarations made with reference to that price.

In cases where there is no ex-works price because the consignment is free of charge, the customs value established by the authorities of the country of importation shall be considered as the basis for the threshold value.") 2. An invoice declaration may be made out if the products concerned can be considered as products originating in the European Union or Central America and comply with the other requirements of this Annex.

3. The exporter making out an invoice declaration must be able to submit at any time, at the request of the competent public authorities of the exporting Party, all appropriate documents proving the originating status of the products concerned, as well as compliance with the other requirements of this Annex.

4. The exporter shall make out an invoice declaration by typing, stamping, or printing on the invoice, the delivery note, or any other commercial document, the text of the declaration included in Appendix 4, using one of the linguistic versions set out in that Appendix and in accordance with the provisions of the national legislation of the exporting Party. If the declaration is hand-written, it shall be written in ink using block letters.

(Sinalevi Note: By Resolution No. 012 of July 12, 2017, it was agreed to clarify from the preceding paragraph the phrase "any other commercial document" within the framework of the Free Trade Treaty between the Government of the Republic of Costa Rica and the Government of the Republic of Peru, the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America, on the other (AACUE), and the Free Trade Treaty between the EFTA States and the Central American States, as follows: "1. The “origin declaration”¹ or the “invoice declaration”² referred to in the free trade treaties with Peru, the European Union, and EFTA, may be made out by writing the respective legend on the commercial invoice, the delivery note, or on “any other commercial document”.

¹Article 15, paragraph 1.b and Article 19, paragraph 4 of Annex I of the Free Trade Treaty between the EFTA States and the Central American States and Article 3.17, paragraph 5 of the Free Trade Treaty between the Government of the Republic of Costa Rica and the Government of the Republic of Peru.

² Articles 14, paragraph 1.b and Article 19, paragraph 4 of Annex II of the AACUE.

2. That the cited treaties indicate that, when “any other commercial document” is used, it must describe the products in question in sufficient detail for them to be identified by the customs authority.

3. Consequently, documents such as the packing list, the purchase order, or the bill of lading that accompany the importation qualify as “any other commercial document”, provided that the products are described in sufficient detail to allow their identification.") 5. Invoice declarations shall bear the original handwritten signature of the exporter. However, an approved exporter as defined in Article 20 shall not be required to sign such declarations provided that they give the competent public authorities of the exporting Party a written commitment accepting full responsibility for any invoice declaration which identifies them as if it had been signed by hand by them.

6. An invoice declaration may be made out by the exporter when the products to which it relates are exported, or after exportation on condition that it is presented in the importing Party within the period established in Appendix 5.

(Sinalevi Note: Pursuant to Decision No. 2/2020 of the EU-Central America Association Council of 14/12/20, which introduces explanatory notes to Articles 15, 16, 19, 20, and 30 of Annex II Concerning the definition of the concept of “originating products” and methods of administrative cooperation to the "Agreement establishing an Association between Central America, on the one hand, and the European Union and its Member States, on the other"; approved by Decreto Ejecutivo N° 43149 of May 10, 2021, it was agreed to introduce an explanatory note to Article 19). It shall read as follows:" Article 19. Application of the provisions relating to invoice declarations The following guidelines shall apply:

  • a)when an invoice, a delivery note, or any other commercial document⁴ covers both originating and non-originating products, these must be identified as such on those documents; ⁴ That commercial document may be, for example, the packing list accompanying the goods.
  • b)invoice declarations presented on the reverse side of the invoice, the delivery note, or any other commercial document are valid.")
20

Approved exporter 1. The competent public authorities of the exporting Party may authorize any exporter, hereinafter referred to as “approved exporter”, who carries out frequent exports of products under the coverage of this Agreement, to make out invoice declarations regardless of the value of the products concerned. An exporter applying for such authorization must offer, to the satisfaction of the competent public authorities, all necessary guarantees to verify the originating status of the products as well as compliance with the other requirements of this Annex.

2. The competent public authorities may grant the status of approved exporter under conditions they consider appropriate.

3. The competent public authorities shall grant the approved exporter an authorization number which shall appear on the invoice declaration.

4. The competent public authorities shall monitor the use of the authorization by the approved exporter.

5. The competent public authorities may revoke the authorization at any time. They shall do so when the approved exporter no longer offers the guarantees referred to in paragraph 1, no longer meets the conditions referred to in paragraph 2, or otherwise makes incorrect use of the authorization.

(Sinalevi Note: Pursuant to Decision No. 2/2020 of the EU-Central America Association Council of 14/12/20, which introduces explanatory notes to Articles 15, 16, 19, 20, and 30 of Annex II Concerning the definition of the concept of “originating products” and methods of administrative cooperation to the "Agreement establishing an Association between Central America, on the one hand, and the European Union and its Member States, on the other"; approved by Decreto Ejecutivo N° 43149 of May 10, 2021, it was agreed to introduce an explanatory note to Article 20) above, which shall read as follows: "Article 20. Approved exporter The term “exporter” refers to persons or companies, whether producers or traders, insofar as all other conditions set out in Annex II are met.

The status of approved exporter may only be granted upon written application by the exporter. When examining that application, the competent public authorities shall take particular account of:

whether the exporter exports regularly; whether the exporter is in a position to demonstrate, at any time, the originating status of the goods they export. Account must also be taken that the exporter must be familiar with the applicable rules of origin and must have all supporting documents of origin at their disposal; whether, by their previous export activities, the exporter offers sufficient guarantees of the originating status of the goods and is in a position to fulfill all related obligations; and Once the authorization is granted, exporters must:

undertake to issue invoice declarations solely for those goods for which, at the time of issuance, they have all the necessary proof or accounting records available; assume full responsibility for their use, especially in the case of incorrect origin declarations or misuse of the authorization; assume responsibility that, within the company, the person responsible for completing the invoice declarations knows and understands the rules of origin; undertake to keep all supporting documents of origin for a minimum period of three years counting from the date on which the declaration is made; undertake to present the proofs of origin to the competent public authority at any time and to allow inspections by that authority at any time.

The competent public authority must carry out periodic checks on authorized exporters. These checks shall be carried out in a manner that ensures the correct use of the authorization and may be conducted at a determined frequency and, to the extent possible, on the basis of risk analysis criteria.

The competent public authorities of the Parties shall notify the Commission of the European Union of the national numbering system used for the designation of authorized exporters. The latter shall inform the customs authorities of the other countries accordingly.

21

Validity of proof of origin 1. A proof of origin shall be valid for twelve months from the date of issue in the exporting Party, and must be submitted within the period mentioned to the customs authorities of the importing Party.

2. Proofs of origin submitted to the customs authorities of the importing Party after the deadline for submission set out in paragraph 1 may be admitted, for the purpose of applying preferential tariff treatment, when these documents are not submitted by the expiry date due to exceptional circumstances.

3. In other cases of late submission, the customs authorities of the importing Party may admit the proofs of origin when the products have been presented to them before the expiry of that period.

4. In accordance with the national legislation of the importing Party, preferential tariff treatment may be granted, where appropriate, by means of a refund of duties within a period no longer than that established in Appendix 5 from the date of acceptance of the import declaration, when a proof of origin is presented indicating that the imported goods could have qualified, on that date, for preferential tariff treatment.

22

Submission of proof of origin Proofs of origin shall be submitted to the customs authorities of the importing Party in accordance with the procedures established in that Party. Said authorities may require a translation of a proof of origin and may also require that the import declaration be accompanied by a statement from the importer certifying that the products meet the conditions required for the application of this Agreement.

23

Split consignments When, at the request of the importer and under the conditions established by the customs authorities of the importing Party, dismantled or non-assembled products within the meaning of General Rule 2 (a) of the Harmonized System, classified in Sections XVI and XVII or headings 7308 and 9406 of the Harmonized System, are imported in split consignments (importación fraccionada), a single proof of origin for such products shall be submitted to the customs authorities upon importation of the first partial shipment.

24

Exemptions from proof of origin 1. Products sent as small packages from private individuals to private individuals or forming part of travellers’ personal luggage shall be admitted as originating products without it being necessary to present a proof of origin, provided that such products are not imported by way of trade and have been declared as meeting the conditions required for the application of this Annex and there are no doubts as to the veracity of such declaration. In the case of products sent by post, this declaration may be made on the customs declaration CN22/CN23 or on a sheet of paper attached to that document.

2. Occasional imports consisting exclusively of products for the personal use of the recipients or of the travellers or their families shall not be considered imports by way of trade if it is evident, from the nature and quantity of the products, that no commercial purpose is intended.

3. Furthermore, the total value of these products shall not exceed, in the case of small packages or products forming part of travellers’ personal luggage, the amounts in euros established in Appendix 6 (Amounts referred to in Article 19, paragraph 1, letter b), and Article 24, paragraph 3, of Annex II, Concerning the definition of the concept of "originating products" and methods of administrative cooperation).

25

Supporting documents The documentation referred to in Article 15, paragraph 3, and in Article 19, paragraph 3, used as evidence that products covered by an EUR.1 movement certificate or an invoice declaration can be considered as products originating in the European Union or Central America and satisfy the other conditions of this Annex, may consist, inter alia, of:

  • a)direct evidence of the operations carried out by the exporter or supplier to obtain the goods concerned, contained for example in his accounts or internal bookkeeping; b) documents proving the originating status of the materials used, issued or made out in a Party, where these documents are used in accordance with national legislation; c) documents proving the working or processing of the materials in the European Union or in Central America, issued or made out in a Party, where these documents are used in accordance with national legislation; d) EUR.1 movement certificates or invoice declarations proving the originating status of the materials used, issued or made out in a Party in accordance with this Annex.
26

Preservation of proof of origin and supporting documents 1. The exporter applying for the issue of an EUR.1 movement certificate shall keep for at least three years the documents referred to in Article 15, paragraph 3.

2. The exporter making out an invoice declaration shall keep for at least three years a copy of this invoice declaration, as well as the documents referred to in Article 19, paragraph 3.

3. The competent public authority of the exporting Party issuing an EUR.1 movement certificate shall keep for at least three years the application form referred to in Article 15, paragraph 2.

4. The customs authorities of the importing Party shall keep for at least three years the EUR.1 movement certificates and the invoice declarations submitted to them, which may be kept in electronic format.

27

Discrepancies and formal errors 1. The discovery of slight discrepancies between the statements made in the proof of origin and those made in the documents submitted to the customs office for the purpose of carrying out the formalities for importing the products shall not, ipso facto, render the proof of origin null and void if it is duly established that the latter document corresponds to the products presented.

2. Obvious formal errors such as typing errors on a proof of origin shall not be sufficient grounds for a document to be rejected, if these are not errors which may create doubts as to the correctness of the statements made in that document.

28

Amounts expressed in euros 1. For the application of the provisions of Article 19, paragraph 1, letter b), and Article 24, paragraph 3, in cases where products are invoiced in a currency other than the euro, the amounts in the national currencies of the Member States of the European Union or of the Republics of the CA Party equivalent to the amounts expressed in euros shall be fixed annually by each Member State of the European Union or the Republic of the CA Party concerned.

2. A consignment shall benefit from the provisions of Article 19, paragraph 1, letter b), or Article 24, paragraph 3, with reference to the currency in which the invoice was issued, according to the amount fixed by the Member State of the European Union or the Republic of the CA Party concerned.

3. The amounts to be used in any given national currency shall be the equivalent in that national currency of the amounts expressed in euros on the first working day of the month of October. The amounts shall be notified before 15 October, and shall apply from 1 January of the following year. The Parties shall notify each other of the relevant amounts.

(Thus amended the preceding subparagraph by section 18) sub-section i) of the annex to International Treaty No. 9775 of 29 October 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on 18 July 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and of the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Section 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on 18 July 2019").

4. The Member States of the European Union and the Republics of the CA Party may round up or down the amount resulting from the conversion into their national currency of an amount expressed in euros. The rounded amount may not differ from the amount resulting from the conversion by more than 5 per cent. A Member State of the European Union or a Republic of the CA Party may maintain unchanged its national currency equivalent of an amount expressed in euros if, at the time of the annual adjustment provided for in paragraph 3, the conversion of that amount, prior to rounding off, results in an increase of less than 15 per cent in the national currency equivalent. The national currency equivalent may be kept unchanged if the conversion were to result in a decrease in that equivalent value.

5. The amounts expressed in euros shall be reviewed by the Association Committee at the request of a Party. When carrying out this review, the Association Committee shall consider the desirability of preserving the effects of the limits concerned in real terms. For this purpose, it may decide to modify the amounts expressed in euros.

ADMINISTRATIVE COOPERATION PROVISIONS

TITLE V

29

Administrative cooperation 1. The competent public authorities of the Parties shall supply each other, through the European Commission, with specimen impressions of stamps used by their offices for the issue of EUR.1 movement certificates, as well as the addresses of the competent public authorities responsible for verifying these certificates and invoice declarations.

(Sinalevi note: By means of section 18) sub-section j) of the annex to International Treaty No. 9775 of 29 October 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on 18 July 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and of the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Section 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on 18 July 2019", it was agreed to indicate that the phrase ", through the European Commission," in the preceding paragraph is not incorporated into the aforementioned Agreement.)

2. In order to ensure the correct application of this Annex, the Parties shall assist each other, through the competent public authorities or, where applicable, the customs authorities, in verifying the authenticity of the EUR.1 movement certificates or the invoice declarations and the accuracy of the information contained in those documents.

30

Verification of proofs of origin 1. Subsequent verification of proofs of origin shall be carried out randomly or whenever the customs authority or, where applicable, the competent public authority of the importing Party has reasonable doubts as to the authenticity of such documents, the originating status of the products concerned, or the fulfilment of the other requirements of this Annex.

2. For the purposes of implementing the provisions of paragraph 1, the customs authority or, where applicable, the competent public authority of the importing Party shall return the EUR.1 movement certificate and the invoice, if it has been submitted, the invoice declaration, or a copy of these documents, to the competent public authorities of the exporting Party, giving, where appropriate, the reasons for the inquiry. Any documents and information obtained suggesting that the information given on the proof of origin is incorrect shall be forwarded in support of the request for verification.

3. The verification shall be carried out by the competent public authorities of the exporting Party. For this purpose, they shall be empowered to call for any evidence and to inspect the exporter's accounts or to carry out any other check considered appropriate, related to the origin and in accordance with the procedures of their national legislation.

4. If the customs authorities of the importing Party decide to suspend the granting of preferential tariff treatment to the products of the exporter subject to verification, while awaiting the results of the verification, they shall offer the importer the release of the goods subject to any precautionary measures deemed necessary.

5. The competent public authorities or, where applicable, the customs authorities having requested the verification shall be informed of the results of this verification as soon as possible. These results must indicate clearly whether the documents are authentic and whether the products can be considered as originating in the European Union or in Central America and fulfil the other requirements of this Annex.

6. If, in cases of reasonable doubt, no reply is received within ten months of the date of the verification request, or if the reply does not contain sufficient information to determine the authenticity of the document in question or the real origin of the products, the customs authorities or, where applicable, the competent public authority, shall, except in exceptional circumstances, refuse entitlement to the preferences for the products covered by the proof of origin subject to verification.

(Sinalevi note: In accordance with Decision No. 2/2020 of the EU-Central America Association Council of 14/12/20 introducing explanatory notes to Articles 15, 16, 19, 20 and 30 of Annex II Concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation to the "Agreement establishing an Association between Central America, on the one hand, and the European Union and its Member States, on the other"; approved by Decreto Ejecutivo No. 43149 of 10 May 2021, it was agreed to introduce an explanatory note to Article 30) above, which shall read as follows: "Article 30 Refusal of preferential treatment without verification This concerns cases in which the proof of origin is invalid:

the proof of origin (EUR.I movement certificate) has been issued by a country that is not a party to the Agreement; the description of the goods in box 8 of the EUR. I movement certificate refers to goods other than those presented; the proof of origin (EUR. I movement certificate) contains erasures or overwritten words or has not been initialled or endorsed; the period of validity of the proof of origin (EUR. I movement certificate) has expired for reasons other than those provided for in the Agreement (for example, exceptional circumstances), except in cases where the goods were presented before the period expired.

Procedure to be followed:

The proof of origin must be marked ‘INVÁLIDO’ and retained by the customs authorities to which it was presented, in order to prevent further attempts at use. Without prejudice to legal actions taken in accordance with domestic legislation, the customs authorities of the importing country shall, where appropriate, immediately inform the customs authority or the competent public authority of the exporting country of the refusal.")

31

Dispute settlement 1. Where disputes arise in relation to the verification procedures of Article 30 which cannot be settled between the authorities requesting a verification and the authorities responsible for carrying out that verification, or in relation to the interpretation of this Annex, requests for the resolution of such disputes shall be submitted to the Subcommittee on Customs, Trade Facilitation and Rules of Origin for consultations and discussion within the Subcommittee. In any event, the Parties shall retain their rights to resort to the dispute settlement mechanism established in Title X (Dispute Settlement) of Part IV of this Agreement.

2. In all cases, disputes between the importer and the customs authorities of the importing Party shall be settled in accordance with the legislation of that Party.

32

Penalties Penalties shall be imposed on any person who draws up, or causes to be drawn up, a document containing incorrect information for the purpose of obtaining preferential tariff treatment for products.

33

Free zones 1. The European Union and the Republics of the CA Party shall take all necessary measures to ensure that products traded under cover of a proof of origin which, in the course of transport, remain in a free zone or a customs warehouse situated in its territory in accordance with its national legislation, are not substituted by other goods and do not undergo handling other than normal operations designed to prevent their deterioration.

2. By way of exemption to the provisions contained in paragraph 1, when products originating in the European Union or in Central America are imported into a free zone under cover of a proof of origin and undergo treatment or processing, the competent public authorities shall issue a new EUR.1 movement certificate at the exporter's request, if the treatment or processing undergone is in conformity with the provisions of this Annex.

CEUTA AND MELILLA

TITLE VI

34

Application of this Annex The term "European Union" used in this Annex does not cover Ceuta and Melilla. Products originating in Ceuta and Melilla shall not be considered as products originating in the European Union.

(Thus amended Article 34) above by section 18) sub-section k) of the annex to International Treaty No. 9775 of 29 October 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on 18 July 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and of the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Section 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on 18 July 2019").

35

Special conditions 1. Provided they have been transported directly in accordance with the provisions of Article 12, the following shall be considered as:

  • a)products originating in Ceuta and Melilla:
  • i)products wholly obtained in Ceuta and Melilla; ii) products obtained in Ceuta and Melilla in the manufacture of which products other than those referred to in subparagraph i) are used, provided that: such products have undergone sufficient working or processing within the meaning of Article 5; or those products are originating in Central America or the European Union, provided that they have undergone working or processing which goes beyond the operations referred to in Article 6.
  • b)products originating in Central America:
  • i)products wholly obtained in Central America; ii) products obtained in Central America, in the manufacture of which products other than those referred to in letter a) are used, provided that: such products have undergone sufficient working or processing within the meaning of Article 5; or those products are originating in Ceuta and Melilla or the European Union, provided that they have undergone working or processing which goes beyond the operations referred to in Article 6.

2. Ceuta and Melilla shall be considered a single territory.

3. The exporter or his authorised representative shall enter "Centroamérica" and "Ceuta y Melilla" in box 2 of EUR.1 movement certificates or on invoice declarations. In addition, in the case of products originating in Ceuta and Melilla, their originating status shall be indicated in box 4 of EUR.1 movement certificates or on invoice declarations.

4. The Spanish customs authorities shall be responsible for the application of this Annex in Ceuta and Melilla.

(*) (Sinalevi note: By means of section 18) sub-section l) of the annex to International Treaty No. 9775 of 29 October 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on 18 July 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and of the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Section 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on 18 July 2019", it was agreed that Article 35 above is not incorporated into the aforementioned Agreement.)

FINAL PROVISIONS

TITLE VII

36

Amendments to this Annex The Association Council may decide to amend the provisions of the Appendices to this Annex.

37

The Parties shall agree on explanatory notes regarding the interpretation, application and administration of this Annex in the Subcommittee on Customs, Trade Facilitation and Rules of Origin, in order to recommend their approval by the Association Council.

38

Transitional provisions for goods in transit or storage The provisions of this Agreement may be applied to goods which comply with the provisions of this Annex and which, on the date of entry into force of this Agreement, are either in transit or in temporary storage in customs warehouses in the Parties or in free zones, subject to the submission to the customs authorities of the importing Party, within four months from that date, of a proof of origin issued retrospectively, together with the documents showing that the goods have been transported directly in accordance with Article 12.

39

Transitional provision for cumulation purposes The Parties for which this Agreement has entered into force in accordance with Article 353(*) of Part V (Final Provisions), may use materials originating in the Republics of the CA Party for which the Agreement has not yet entered into force. Article 3 of this Annex shall apply mutatis mutandis.

(*) (Sinalevi note: By means of section 16) sub-section b) of the annex to International Treaty No. 9775 of 29 October 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on 18 July 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and of the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Section 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on 18 July 2019", it was agreed to indicate that neither Article 353 nor any reference to Article 353 is incorporated into this Agreement.)

APPENDIX 1 INTRODUCTORY NOTES TO ANNEX II NOTE 1:

The list in Appendix 2 sets out the conditions required for all products to be considered as having undergone sufficient working or processing for the purposes of Article 5 of Annex II.

NOTE 2:

2.1. The first two columns in the list describe the product obtained. The first column gives the heading number, subheading or chapter number used in the Harmonized System, and the second column gives the description of goods as it appears under that heading, subheading or chapter in the system. For each entry in the first two columns, a rule is specified in columns 3 or 4. Where, in some cases, the entry in the first column is preceded by "ex", this signifies that the rule in columns 3 or 4 applies only to that part of that heading, subheading or chapter as described in column 2.

2.2. Where several heading numbers are grouped together in column 1, or a chapter number is given and the description of products in column 2 is therefore given in general terms, the adjacent rules in columns 3 or 4 apply to all products which, under the Harmonized System, are classified in the various headings of the chapter concerned or in the headings grouped together in column 1.

2.3. Where there are different rules in the list applying to different products within the same heading, each indent contains the description of that part of the heading to which the adjacent rules in columns 3 or 4 apply.

2.4. Where, for an entry in the first two columns, a rule is specified in both columns 3 and 4, the exporter may opt to apply either the rule in column 3 or that in column 4. If no origin rule is given in column 4, the rule in column 3 shall be applied.

NOTE 3:

3.1. The provisions of Article 5 of Annex II, concerning products having acquired originating status which are used in the manufacture of other products, shall apply, regardless of whether this status has been acquired inside the factory where these products are used or in another factory in the EU Party or in the Republics of the CA Party.

Example:

An engine of heading 8407, for which the rule states that the value of the non-originating materials which may be used in its manufacture may not exceed 40 per cent of the ex-works price of the product, is made from "other alloy steel roughly shaped by forging" of heading ex 7224.

If this forging has been produced in the EU Party from a non-originating ingot, it has then acquired originating status by virtue of the rule in the list for heading ex 7224. The forging can therefore be counted as an originating product in the calculation of the value of the engine, irrespective of whether it was produced in the same factory or in another factory in the EU Party. The value of the non-originating ingot is therefore not taken into account when adding up the value of the non-originating materials used.

3.2. The rule in the list represents the minimum amount of working or processing required, and carrying out more working or processing also confers originating status; conversely, carrying out less working or processing does not confer originating status. Thus, if a rule provides that, at a certain stage of manufacture, a non-originating material may be used, the use of such material at an earlier stage of manufacture is also allowed, but the use of such material at a later stage is not.

3.3. Without prejudice to Note 3.2, where a rule states "Manufacture from materials of any heading", then materials of any heading(s) may be used (even materials of the same description and heading as the product), subject, however, to any specific limitations which may also be contained in the rule.

However, the expressions "Manufacture from materials of any heading, even from other materials of the heading" or "Manufacture from materials of any heading, even from other materials of the same heading as the product" mean that materials classified in any heading may be used, except materials of the same designation as the product as it appears in column 2 of the list.

3.4. When a rule in the list specifies that a product may be manufactured from more than one material, this means that one or several materials may be used. However, the use of all the materials is not required.

Example:

The rule applicable to woven fabrics of headings 5208 to 5212 states that natural fibres may be used and also, among others, chemical products. This does not mean that both must be used: one or the other material, or both, may be used.

3.5. When a rule in the list establishes that a product must be manufactured from a particular material, this condition obviously does not prevent the use of other materials which, by their very nature, cannot satisfy the rule. (See also Note 6.2, in relation to textile products).

Example:

The rule corresponding to food preparations of heading 1902, which expressly excludes the use of cereals and their derivatives, does not prohibit the use of mineral salts, chemical products or other additives not obtained from cereals.

However, this does not apply to products which, although they cannot be manufactured from the specific materials specified in the list, may be produced from a material of the same nature at an earlier stage of manufacture.

Example:

In the case of an article of apparel of ex Chapter 62 made from nonwovens, if only the use of non-originating yarns is permitted for this class of article, it is not possible to start from nonwoven fabrics, even though these are not normally made from yarns. The starting material would normally be at the stage before yarn, namely, fibre.

3.6. When, in a rule in the list, two percentages are established for the maximum value of non-originating materials that may be used, these percentages cannot be added together. In other words, the maximum value of all non-originating materials used may never exceed the higher of the given percentages. Furthermore, the individual percentages must not be exceeded, in relation to the respective materials to which they apply.

NOTE 4:

4.1. The term "natural fibres" is used in the list to designate fibres other than artificial or synthetic fibres. It is limited to the stages before spinning, and includes waste, and, unless otherwise specified, covers fibres that have been carded, combed or otherwise processed, but not spun.

4.2. The term "natural fibres" includes horsehair of heading 0511, silk of headings 5002 and 5003, as well as wool, fine animal hair and coarse animal hair of headings 5101 to 5105, cotton fibres of headings 5201 to 5203, and other vegetable fibres of headings 5301 to 5305.

4.3. The terms "textile pulp", "chemical materials" and "materials used for papermaking" are used in the list to designate the materials not classified in Chapters 50 to 63 which can be used in the manufacture of artificial, synthetic or paper fibres or yarns.

4.4. The term "synthetic or artificial staple fibres" used in the list includes filament tows, staple fibres or waste of synthetic or artificial staple fibres, of headings 5501 to 5507.

NOTE 5:

5.1. When, for a given product in the list, reference is made to this Note, the conditions set out in column 3 shall not be applied to the basic textile materials used in its manufacture when, considered globally, they represent 10 percent or less of the total weight of all the basic textile materials used (See also Notes 5.3 and 5.4 below).

5.2. However, the tolerance cited in Note 5.1 shall apply only to mixed products which have been obtained from two or more basic textile materials.

The basic textile materials are the following:

– silk, – wool, – coarse animal hair, – fine animal hair, – horsehair, – cotton, – materials for papermaking and paper, – flax, – hemp, – jute and other bast fibres, – sisal and other textile fibres of the agave genus, – coconut, abaca, ramie and other vegetable textile fibres, – synthetic filaments, – artificial filaments, – electrically conductive filaments, – synthetic staple fibres of polypropylene, – synthetic staple fibres of polyester, – synthetic staple fibres of polyamide, – synthetic staple fibres of polyacrylonitrile, – synthetic staple fibres of polyimide, – synthetic staple fibres of polytetrafluoroethylene, – synthetic staple fibres of poly(phenylene sulphide), – synthetic staple fibres of poly(vinyl chloride), – other synthetic staple fibres, – artificial staple fibres of viscose, – other artificial staple fibres, – yarn of polyurethane segmented with flexible segments of polyether, whether or not gimped, – yarn of polyurethane segmented with flexible segments of polyester, whether or not gimped, – products of heading 5605 (metallised yarn) incorporating a strip consisting of a core of aluminium foil or of plastic film, whether or not coated with aluminium powder, of a width not exceeding 5 mm, inserted by means of a transparent or coloured adhesive between two plastic films, – other products of heading 5605.

Example:

A yarn of heading 5205 obtained from cotton fibres of heading 5203 and synthetic staple fibres of heading 5506 is a mixed yarn. Therefore, non-originating synthetic staple fibres that do not satisfy the rules of origin (which require manufacture from chemical materials or textile pulp) may be used, provided their total weight does not exceed 10 percent of the weight of the yarn.

Example:

A woollen fabric, of heading 5112, obtained from woollen yarns of heading 5107 and synthetic staple fibres of heading 5509, is a mixed fabric. Therefore, synthetic yarns that do not satisfy the rules of origin (which require manufacture from chemical materials or textile pulp), or woollen yarns that do not satisfy the rules of origin (which require manufacture from natural fibres, not carded, combed or otherwise prepared for spinning), or a combination of both may be used, provided their total weight does not exceed 10 percent of the weight of the fabric.

Example:

A tufted textile fabric of heading 5802 obtained from cotton yarn of heading 5205 and cotton fabric of heading 5210 will only be considered a mixed product if the cotton fabric is itself a mixed fabric manufactured from yarns classified in two separate headings, or if the cotton yarns used are also mixed.

Example:

If the same tufted textile fabric had been manufactured from cotton yarns of heading 5205 and synthetic fabric of heading 5407, then, obviously, two distinct basic textile materials would have been used and the finished tufted textile fabric is, therefore, a mixed product.

5.3. In the case of products incorporating "yarn of polyurethane segmented with flexible segments of polyester, whether or not gimped", this tolerance shall be 20 percent of such yarns.

5.4. In the case of products incorporating a "strip consisting of a core of aluminium foil or of plastic film, whether or not coated with aluminium powder, of a width not exceeding 5 mm, inserted by means of a transparent or coloured adhesive between two plastic films", this tolerance shall be 30 percent in respect of this strip.

NOTE 6:

6.1. When reference is made to this Note in the list, textile materials (except linings and interlinings) which do not satisfy the rule set out in column 3 of the list for the products manufactured from them may be used, provided they are classified in a heading different from that of the product and their value does not exceed 8 percent of the ex-works price of the product.

6.2. Without prejudice to the provisions of Note 6.3, materials not classified in Chapters 50 to 63 may be used freely in the manufacture of textile products, whether or not such products contain textile materials.

Example:

If a rule in the list provides that, for a particular textile article (such as trousers), yarns must be used, this does not prevent the use of metal articles, such as buttons, since the latter are not classified in Chapters 50 to 63. For the same reason, it does not prevent the use of zip fasteners, even though these normally contain textile products.

6.3. When a rule consisting of a percentage is applied, the value of materials not classified in Chapters 50 to 63 must be taken into account when calculating the value of the non-originating materials incorporated.

NOTE 7:

7.1. For the purposes of headings ex 2707, 2713 to 2715, ex 2901, ex 2902 and ex 3403, the "specific processes" shall be the following:

  • a)vacuum distillation; b) redistillation by a very thorough fractionation (fractionation) process; c) cracking; d) reforming; e) extraction by means of selective solvents; f) the treatment comprising all of the following operations: processing with concentrated sulphuric acid, oleum or sulphuric anhydride; neutralisation with alkaline agents; decolourisation and purification with naturally active earth, activated earth, activated charcoal or bauxite; g) polymerisation; h) alkylation (Alkylation); i) isomerisation.

7.2. For the purposes of headings 2710, 2711 and 2712, the "specific processes" shall be the following:

  • a)vacuum distillation; b) redistillation by a very thorough fractionation (fractionation) process; c) cracking; d) reforming; e) extraction by means of selective solvents; f) the treatment comprising all of the following operations: processing with concentrated sulphuric acid, oleum or sulphuric anhydride; neutralisation with alkaline agents; decolourisation and purification with naturally active earth, activated earth, activated charcoal or bauxite; g) polymerisation; h) alkylation (Alkylation); i) isomerisation; j) in relation to heavy oils of heading ex 2710 only, desulphurisation with hydrogen which achieves a reduction of at least 85 percent of the sulphur content of the products treated (ASTM D 1266- 59 T method); k) in relation to products of heading 2710 only, deparaffining by a process other than filtration; l) in relation to heavy oils of heading ex 2710 only, hydrotreating, other than desulphurisation, in which hydrogen participates actively in a chemical reaction carried out at a pressure exceeding 20 bar and a temperature exceeding 250 °C, with the use of a catalyst; finishing hydrotreatments of lubricating oils of heading ex 2710 (for example: hydrofinishing or decolourisation), the specific purpose of which is to improve colour or stability, shall not be considered to be specific processes; m) in relation to fuel oil of heading ex 2710 only, atmospheric distillation, provided that less than 30 percent of these products distil, by volume, including losses, at 300 °C according to the ASTM D 86 method; n) in relation only to heavy oils other than gas oils and fuel oil of heading ex 2710, treatment by means of a high-frequency electrical discharge; o) in relation only to petroleum products of heading ex 2712 (other than petroleum jelly, ozokerite, lignite wax or peat wax, or paraffin wax containing less than 0.75 percent by weight of oil) de-oiling by fractional crystallisation.

7.3. For the purposes of headings ex 2707, 2713 to 2715, ex 2901, ex 2902 and ex 3403, simple operations such as cleaning, decanting, desalting, water-solid separation, filtering, colouring, marking that obtains a sulphur content as a result of mixing products with different sulphur contents, any combination of these operations or similar operations shall not confer originating status.

NOTE 8:

For the purposes of Article 4 of Annex II, agricultural and horticultural goods grown in the territory of a Party shall be treated as originating in the territory of that Party even if they are grown from seeds, bulbs, tubers, rhizomes, cuttings, grafts, shoots, buds or other live parts of plants imported from a non-Party country.

NOTE 9:

For the purposes of Article 6 of Annex II, the term "simple" refers to activities which require no special skills nor special machinery, apparatus or equipment specially manufactured or installed for carrying out the activity. However, simple mixing does not imply a chemical reaction. A chemical reaction means a process (including a biochemical process) which results in a molecule with a new structure by breaking intramolecular bonds and by forming new intramolecular bonds, or by altering the spatial arrangement of atoms in a molecule.

APPENDIX 2 LIST OF WORKING OR PROCESSING REQUIRED TO BE CARRIED OUT ON NON-ORIGINATING MATERIALS SO THAT THE TRANSFORMED PRODUCT MAY OBTAIN ORIGINATING STATUS The products mentioned in the list may not all be covered by the Agreement.

Therefore, it is necessary to consult the other parts of this Agreement.

(Sinalevi Note: This list was amended by Resolution No. Decision No. 1/2020 of the VE-Central America Association Council of 14 December 2020, approved by Decreto Ejecutivo N° 43148 of 10 May 2021, and can be consulted at the link: List of working or processing required to be carried out on non-originating materials so that the transformed product may obtain originating status) APPENDIX 2 A(*) ADDENDUM TO THE LIST OF WORKING OR PROCESSING REQUIRED TO BE CARRIED OUT ON NON-ORIGINATING MATERIALS SO THAT THE TRANSFORMED PRODUCT MAY OBTAIN ORIGINATING STATUS COMMON PROVISIONS (*) (Sinalevi Note: By virtue of sub-paragraph 18), sub-sub-paragraph m.xiii) of the Annex to Tratado Internacional, N° 9775 of 29 October 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", in relation to the preceding Appendix 2 A it was indicated that for the avoidance of doubt, if the entry into force of this Agreement corresponds to a date after 1 January and up to 31 December inclusive of the same calendar year, the annual quotas of Appendix 2 A of Annex 11 of this Agreement (with the modifications introduced by this Annex) shall be applied on a pro-rata basis during the remainder of that calendar year.)

1. For the products described below, the following rules may also be applied instead of those set out in Appendix 2 (List of working or processing required to be carried out on non-originating materials so that the transformed product may obtain originating status) to determine whether a product is originating in Central America.

2. When a product is covered by a rule of origin subject to quotas, the proof of origin of that product shall contain the following statement: "Product originating in accordance with Appendix 2A of Annex II (Concerning the definition of the concept of 'originating products' and methods of administrative cooperation)".

3. The Republics of the CA Party shall agree on the distribution of the regional quotas established in Notes 1 and 2, as well as the relevant quotas of Note 6 of this Appendix, and, on that basis, each Republic of the CA Party shall issue the corresponding export certificates.

4. The quotas established in Notes 4 and 5, as well as the relevant quota of Note 6, shall be administered by the European Commission in accordance with the distribution by country established in this Appendix and with the internal distribution made by each Republic of the CA Party163.

163 If the entry into force of the Agreement corresponds to a date after 1 January and before 31 December of the same calendar year, the quantity of the quota shall be apportioned on a pro-rata basis for the remainder of that calendar year.

5. Imports under quotas established in this Appendix shall be subject to the presentation of an export certificate issued in accordance with the provisions of paragraphs 3 and 4 by the competent authority of the Republic of the relevant CA Party.

6. The modalities for the application of the provisions of this Appendix shall be defined jointly by the Parties. The European Commission shall adopt the necessary measures to ensure compliance with these provisions.

NOTE 1 1. For products of heading ex 1604 (Tunas, skipjack and bonito (Sarda spp.)) exported from Central America to the European Union, materials of Chapter 03 originating in Chile or Mexico in accordance with the applicable rules of origin may be used, for a period of three years from the entry into force of this Agreement, as if those materials were exported directly to the European Union. Six months before the expiry of that three-year period, the Parties shall hold consultations to examine whether the necessary administrative procedures are ready to request the cumulation provided for in Article 3, paragraph 7, of Annex II (Concerning the definition of the concept of 'originating products' and methods of administrative cooperation) of Part IV of this Agreement.

Furthermore, for these products exported from Central America to the European Union, the value established in Article 5, paragraph 2, subparagraph (a), of Annex II shall not exceed 15 percent of the ex-works price of the product.

2. For products of heading ex 1604 (tuna loins) the following rule shall confer origin on goods exported from Central America to the European Union within the annual quota of 545(*) metric tonnes: Manufacture from materials of Chapter 03 (*) Thus amended by sub-paragraph 18), sub-sub-paragraph m.i) of the Annex to Tratado Internacional, N° 9775 of 29 October 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") NOTE 2 For products of heading 3920 (Other plates, sheets, film, foil and strip, of non-cellular plastics, not reinforced, laminated, supported or similarly combined with other materials), the following rule shall confer origin on goods exported from Central America to the European Union within the annual quota of 681(*) metric tonnes:

(*) Thus amended by sub-paragraph 18), sub-sub-paragraph m.ii) of the Annex to Tratado Internacional, N° 9775 of 29 October 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") Manufacture from materials of any heading.

NOTE 3 For products of headings 4810, ex 4811, 4816, 4817, ex 4818, ex 4819, ex 4820 and ex 4823, the following rules shall confer origin in the event of an increase exceeding 0 percent of the European Union's WTO bound tariffs applicable to the following products:

| HS Heading | Product description | Working or processing carried out on non-originating materials that confers originating status | | | --- | --- | --- | --- | | (1) | (2) | (3) or (4) | | | 4810 | Paper and paperboard, coated on one or both sides with kaolin or other inorganic substances, with or without a binder, and with no other coating, whether or not surface-coloured, surface-decorated or printed, in rolls or rectangular (including square) sheets, of any size | Manufacture from materials of any heading | | | ex 4811 | Paper and paperboard, ruled, lined or squared only | Manufacture from materials of any heading, except from materials of the same heading as the product | | | 4816 | Carbon paper, self-copy paper and other copying or transfer papers (other than those of heading 4809), duplicator stencils and offset plates, of paper, whether or not put up in boxes | Manufacture from materials of any heading, except from materials of the same heading as the product | | | 4817 | Envelopes, letter cards, plain postcards and correspondence cards, of paper or paperboard; boxes, pouches, wallets and writing compendiums, of paper or paperboard, containing an assortment of paper stationery | Manufacture from materials of any heading, except from materials of the same heading as the product | | | ex 4818 | Toilet paper | Manufacture from materials of any heading, except from materials of the same heading as the product | | | ex 4819 | Cartons, boxes, cases, bags and other packing containers, of paper, paperboard, cellulose wadding or webs of cellulose fibres | Manufacture from materials of any heading, except from materials of the same heading as the product | | | ex 4820 | Letter pads | Manufacture from materials of any heading, except from materials of the same heading as the product | | | ex 4823 | Other paper, paperboard, cellulose wadding and webs of cellulose fibres, cut to size | Manufacture from materials of any heading, except from materials of the same heading as the product | | NOTE 4 1. The following rules shall confer origin on products of Chapters 61 and 62 within the following annual quotas per country:

  • a)For products of heading 6115 [Pantyhose, tights, stockings, socks and other hosiery, including graduated compression hosiery (for example, stockings for varicose veins), knitted or crocheted]:

Manufacture from materials of any heading, except from the same heading as the product.

This rule shall confer origin on goods exported from Central America to the European Union within the following annual quotas per country:

CountryUnits (pairs)
Costa Rica544 800
El Salvador340 500
Honduras953 400
Panama204 300

(Thus amended the previous table by sub-paragraph 18), sub-sub-paragraph m.iii) of the Annex to Tratado Internacional, N° 9775 of 29 October 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") b) For products of Chapters 61 and 62 specified in subparagraphs c) and d): Manufacture from materials of any heading, except from materials of the same heading as the product.

This rule shall confer origin on goods exported from Central America to the European Union within the following annual quotas per country:

CountryUnits
Year 1 (entry into force)Year 2Year 3Year 4Year 5From year 6
Costa Rica7 000 0007 630 0008 260 0008 890 0008 520 0001 382 431(*)
El Salvador9 000 00010 157 50011 315 00012 472 50013 630 0002 014 057(*)
Guatemala7 000 0007 630 0008 260 0008 890 0009 520 0001 382 429(*)
Honduras54 750 00059 130 00063 510 00067 890 00072 270 00010 439 730(*)
Nicaragua8 750 0009 537 50010 325 00011 112 50011 900 0001 728 037(*)
Panama3 500 0003 815 0004 130 0004 445 0004 760 000691 217(*)
Total90 000 00097 900 000105 800 000113 700 000121 600 00017 637 901(*)

(*) (Thus amended the previous table corresponding to from year 6 by sub-paragraph 18), sub-sub-paragraph m. iv) of the Annex to Tratado Internacional, N° 9775 of 29 October 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") c) For Costa Rica, Guatemala, Honduras and Panama, the quantities indicated in paragraph 1, subparagraph (b), shall be distributed as indicated in the following tables:

| COSTA RICA | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | SA | Year 1 | Year 2 | Year 3 | Year 4 | Year 5 | From Year 6 | | Total units per year | 7 000 000 | 7 630 000 | 8 260 000 | 8 890 000 | 9 520 000 | 1382 431(*) | | 610343 | 200 000 | 218 000 | 236 000 | 254 000 | 272 000 | 39 498(*) | | 610510 | 600 000 | 654 000 | 708 000 | 762 000 | 816 000 | 118 498(*) | | 610590 | 120 000 | 130 800 | 141 600 | 152 400 | 163 200 | 23 699(*) | | 610610 | 450 000 | 490 500 | 531 000 | 571 500 | 612 000 | 88 870(*) | | 610711 | 235 000 | 256 150 | 277 300 | 298 450 | 319 600 | 46 410(*) | | 610719 | 70 000 | 76 300 | 82 600 | 88 900 | 95 200 | 13 824(*) | | 610821 | 47 000 | 51 230 | 55 460 | 59 690 | 63 920 | 9 282(*) | | 610822 | 25 000 | 27 250 | 29 500 | 31 750 | 34 000 | 4 937(*) | | 610910 | 1 860 000 | 2 027 400 | 2 194 800 | 2 362 200 | 2 529 600 | 367 331(*) | | 611120 | 200 000 | 218 000 | 236 000 | 254 000 | 272 000 | 39 498(*) | | 611241 | 50 000 | 54 500 | 59 000 | 63 500 | 68 000 | 9 875(*) | | 611430 | 30 000 | 32 700 | 35 400 | 38 100 | 40 800 | 5 925(*) | | 611780 | 20 000 | 21 800 | 23 600 | 25 400 | 27 200 | 3 950(*) | | 620113 | 8 000 | 8 720 | 9 440 | 10 160 | 10 880 | 1 580(*) | | 620213 | 15 000 | 16 350 | 17 700 | 19 050 | 20 400 | 2 962(*) | | 620311 | 350 000 | 381 500 | 413 000 | 444 500 | 476 000 | 69 122(*) | | 620312 | 350 000 | 381 500 | 413 000 | 444 500 | 476 000 | 69 122(*) | | 620331 | 175 000 | 190 750 | 206 500 | 222 250 | 238 000 | 34 561(*) | | 620333 | 265 000 | 288 850 | 312 700 | 336 550 | 360 400 | 52 335(*) | | 620341 | 500 000 | 545 000 | 590 000 | 635 000 | 680 000 | 98 745(*) | | 620343 | 520 000 | 566 800 | 613 600 | 660 400 | 707 200 | 102 695(*) | | 620431 | 175 000 | 190 750 | 206 500 | 222 250 | 238 000 | 34 561(*) | | 620433 | 165 000 | 179 850 | 194 700 | 209 550 | 224 400 | 32 586(*) | | 620453 | 30 000 | 32 700 | 35 400 | 38 100 | 40 800 | 5 925(*) | | 620461 | 70 000 | 76 300 | 82 600 | 88 900 | 95 200 | 13 824(*) | | 620463 | 280 000 | 305 200 | 330 400 | 355 600 | 380 800 | 55 297(*) | | 621133 | 45 000 | 49 050 | 53 100 | 57 150 | 61 200 | 8 887(*) | | 621143 | 45 000 | 49 050 | 53 100 | 57 150 | 61 200 | 8 887(*) | | 621210 | 100 000 | 109 000 | 118 000 | 127 000 | 136 000 | 19 749(*) | (*) (Thus amended the previous table corresponding from year 6 onwards for the distribution of Costa Rica by section 18) sub-section m. v) of the annex to International Treaty No. 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") | GUATEMALA | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | SA | Year 1 | Year 2 | Year 3 | Year 4 | Year 5 | From Year 6 | | Total units per year | 7 000 000 | 7 630 000 | 8 260 000 | 8 890 000 | 9 520 000 | 1 382 429(*) | | 610462 | 1 050 000 | 1 144 500 | 1 239 000 | 1 333 500 | 1 428 000 | 207 364(*) | | 610520 | 3 500 000 | 3 815 000 | 4 130 000 | 4 445 000 | 4 760 000 | 691 215(*) | | 620342 | 1 050 000 | 1 144 500 | 1 239 000 | 1 333 500 | 1 428 000 | 207 364(*) | | 620343 | 700 000 | 763 000 | 826 000 | 889 000 | 952 000 | 138 243(*) | | 620462 | 700 000 | 763 000 | 826 000 | 889 000 | 952 000 | 138 243(*) | (*) (Thus amended the previous table corresponding from year 6 onwards for each of the relevant HS code entries in the distribution column of Guatemala by section 18) sub-section m. vi) of the annex to International Treaty No. 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") | HONDURAS | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | SA | Year 1 | Year 2 | Year 3 | Year 4 | Year 5 | From Year 6 | | Total units per year | 54 750 000 | 59 130 000 | 63 510 000 | 67 890 000 | 72 270 000 | 10 439 730(*) | | 620520 | 11 000 000 | 11 880 000 | 12 760 000 | 13 640 000 | 14 520 000 | 2 097 480(*) | | 620530 | 13 750 000 | 14 850 000 | 15 950 000 | 17 050 000 | 18 150 000 | 2 621 850(*) | | 620590 | 1 000 000 | 1 080 000 | 1 160 000 | 1 240 000 | 1 320 000 | 190 680(*) | | 620630 | 10 000 000 | 10 800 000 | 11 600 000 | 12 400 000 | 13 200 000 | 1 906 800(*) | | 620640 | 13 000 000 | 14 040 000 | 15 080 000 | 16 120 000 | 17 160 000 | 2 478 840(*) | | 620690 | 1 000 000 | 1 080 000 | 1 160 000 | 1 240 000 | 1 320 000 | 190 680(*) | | 621210 | 5 000 000 | 5 400 000 | 5 800 000 | 6 200 000 | 6 600 000 | 953 400(*) | (*) (Thus amended the previous table corresponding from year 6 onwards for each of the relevant HS code entries in the distribution column of Honduras by section 18) sub-section m. vii) of the annex to International Treaty No. 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") | PANAMA | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | SA | Year 1 | Year 2 | Year 3 | Year 4 | Year 5 | From Year 6 | | Total units per year | 3 500 000 | 3 815 000 | 4 130 000 | 4 445 000 | 4 760 000 | 691 217(*) | | 610322 | 40 000 | 43 600 | 47 200 | 50 800 | 54 400 | 7 900(*) | | 610422 | 40 000 | 43 600 | 47 200 | 50 800 | 54 400 | 7 900(*) | | 610610 | 140 000 | 152 600 | 165 200 | 177 800 | 190 400 | 27 649(*) | | 610821 | 770 000 | 839 300 | 908 600 | 977 900 | 1 047 200 | 152 067(*) | | 610910 | 1 100 000 | 1 199 000 | 1 298 000 | 1 397 000 | 1 496 000 | 217 239(*) | | 611020 | 800 000 | 872 000 | 944 000 | 1 016 000 | 1 088 000 | 157 992(*) | | 611120 | 50 000 | 54 500 | 59 000 | 63 500 | 68 000 | 9 875(*) | | 620322 | 10 000 | 10 900 | 11 800 | 12 700 | 13 600 | 1 975(*) | | 620342 | 200 000 | 218 000 | 236 000 | 254 000 | 272 000 | 39 498(*) | | 620343 | 100 000 | 109 000 | 118 000 | 127 000 | 136 000 | 19 749(*) | | 620520 | 100 000 | 109 000 | 118 000 | 127 000 | 136 000 | 19 749(*) | | 620630 | 10 000 | 109 000 | 118 000 | 127 000 | 136 000 | 19 749(*) | | 620920 | 50 000 | 54 500 | 59 000 | 63 500 | 68 000 | 9 875(*) | (*) (Thus amended the previous table corresponding from year 6 onwards for each of the relevant HS code entries in the distribution column of Panama by section 18) sub-section m. viii) of the annex to International Treaty No. 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") At the request of a Republic of the CA Party and when an agreement is reached with the EU Party, the annual quantities allocated to each subheading of chapters 61 and 62 indicated may be modified.

  • d)For El Salvador and Nicaragua, the quantities indicated in paragraph 1, letter b), shall be distributed as indicated in the following tables. El Salvador and Nicaragua may distribute those quantities among the subheadings indicated in the following tables within the limits indicated for each individual subheading.

| EL SALVADOR | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | SA | Year 1 | Year 2 | Year 3 | Year 4 | Year 5 | From Year 6 | | Total unit per year (annual global quota, limits per subheading) | 9 000 000 | 10 157 500 | 11 315 000 | 12 472 500 | 13 630 000 | 2 014 057(*) | | 610220 | 495 000 | 534 600 | 574 200 | 613 800 | 653 400 | 94 387(*) | | 610230 | 770 000 | 831 600 | 893 200 | 954 800 | 1 016 400 | 146 824(*) | | 610422 | 220 000 | 237 600 | 255 200 | 272 800 | 290 400 | 41 950(*) | | 610442 | 220 000 | 237 600 | 255 200 | 272 800 | 290 400 | 41 950(*) | | 610443 | 440 000 | 475 200 | 510 400 | 545 600 | 580 800 | 83 899(*) | | 610444 | 220 000 | 237 600 | 255 200 | 272 800 | 290 400 | 41 950(*) | | 610462 | 990 000 | 1 069 200 | 1 148 400 | 1 227 600 | 1 306 800 | 188 773(*) | | 610463 | 330 000 | 356 400 | 382 800 | 409 200 | 435 600 | 62 924(*) | | 620212 | 220 000 | 237 600 | 255 200 | 272 800 | 290 400 | 41 950(*) | | 620213 | 550 000 | 594 000 | 638 000 | 382 000 | 726 000 | 104 874(*) | | 620292 | 220 000 | 237 600 | 255 200 | 272 800 | 290 400 | 41 950(*) | | 620293 | 330 000 | 356 400 | 382 800 | 409 200 | 435 600 | 62 924(*) | | 620342 | 550 000 | 594 000 | 638 000 | 682 000 | 726 000 | 104 874(*) | | 620520 | 825 000 | 891 000 | 957 000 | 1 023 000 | 1 089 000 | 157 311(*) | | 620530 | 1 100 000 | 1 188 000 | 1 276 000 | 1 364 000 | 1 452 000 | 209 748(*) | | 620711 | 550 000 | 594 000 | 638 000 | 682 000 | 726 000 | 104 874(*) | | 620719 | 440 000 | 475 200 | 510 400 | 545 600 | 580 800 | 83 899(*) | | 620721 | 800 000 | 864 000 | 928 000 | 992 000 | 1 056 000 | 152 544(*) | | 620722 | 550 000 | 594 000 | 638 000 | 682 000 | 726 000 | 104 874(*) | | 620791 | 385 000 | 415 800 | 446 600 | 477 400 | 508 200 | 73 412(*) | | 620799 | 220 000 | 237 600 | 255 200 | 272 800 | 290 400 | 41 950(*) | | 620821 | 220 000 | 237 600 | 255 200 | 272 800 | 290 400 | 41 950(*) | | 620822 | 440 000 | 475 200 | 510 400 | 545 600 | 580 800 | 83 899(*) | | 620891 | 660 000 | 712 800 | 765 600 | 818 400 | 871 200 | 125 849(*) | | 620892 | 275 000 | 297 000 | 319 000 | 341 000 | 363 000 | 52 437(*) | | 621210 | 990 000 | 1 069 200 | 1 148 400 | 1 227 600 | 1 306 800 | 188 773(*) | (*) (Thus amended the previous table corresponding from year 6 onwards for each of the relevant HS code entries in the distribution column of El Salvador by section 18) sub-section m. ix) of the annex to International Treaty No. 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") | NICARAGUA | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | SA | Year 1 | Year 2 | Year 3 | Year 4 | Year 5 | From Year 6 | | Total unit per year (annual global quota, limits per subheading) | 8 750 000 | 9 537 500 | 10 325 000 | 11 112 500 | 11 900 000 | 1 728 037(*) | | 610423 | 50 000 | 54 000 | 58 000 | 62 000 | 66 000 | 9 534(*) | | 610442 | 195 000 | 210 600 | 226 200 | 241 800 | 257 400 | 37 183(*) | | 610443 | 75 000 | 81 000 | 87 000 | 93 000 | 99 000 | 14 301(*) | | 610453 | 30 000 | 32 400 | 34 800 | 37 200 | 39 600 | 5 720(*) | | 610463 | 300 000 | 324 000 | 348 000 | 372 000 | 396 000 | 57 204(*) | | 610510 | 770 000 | 831 600 | 893 200 | 954 800 | 1 016 400 | 146 824(*) | | 610610 | 590 000 | 637 200 | 684 400 | 731 600 | 778 800 | 112 501(*) | | 610620 | 400 000 | 432 000 | 464 000 | 496 000 | 528 000 | 76 272(*) | | 610711 | 3 590 000 | 3 877 200 | 4 164 400 | 4 451 600 | 4 738 800 | 684 541(*) | | 610712 | 530 000 | 572 400 | 614 800 | 657 200 | 699 600 | 101 060(*) | | 610822 | 2 780 000 | 3 002 400 | 3 224 800 | 3 447 200 | 3 669 600 | 530 090(*) | | 610910 | 3 890 000 | 4 201 200 | 4 512 400 | 4 823 600 | 5 134 800 | 741 745(*) | | 610990 | 1 000 000 | 1 080 000 | 1 160 000 | 1 240 000 | 1 320 000 | 190 680(*) | | 620323 | 50 000 | 54 000 | 58 000 | 62 000 | 66 000 | 9 534(*) | | 620342 | 1 000 000 | 1 080 000 | 1 160 000 | 1 240 000 | 1 320 000 | 190 680(*) | | 620343 | 470 000 | 507 600 | 545 200 | 582 800 | 620 400 | 89 620(*) | | 620443 | 245 000 | 264 600 | 284 200 | 303 800 | 323 400 | 46 717(*) | | 620444 | 140 000 | 151 200 | 162 400 | 173 600 | 184 800 | 26 695(*) | | 620462 | 1 370 000 | 1 479 600 | 1 589 200 | 1 698 800 | 1 808 400 | 261 232(*) | | 620463 | 350 000 | 378 000 | 406 000 | 434 000 | 462 000 | 66 738(*) | | 620520 | 330 000 | 356 400 | 382 800 | 409 200 | 435 600 | 62 924(*) | | 620711 | 365 000 | 394 200 | 423 400 | 452 600 | 481 800 | 69 598(*) | | 620719 | 55 000 | 59 400 | 63 800 | 68 200 | 72 600 | 10 487(*) | | 620721 | 95 000 | 102 600 | 110 200 | 117 800 | 125 400 | 18 115(*) | | 620722 | 20 000 | 21 600 | 23 200 | 24 800 | 26 400 | 3 814(*) | | 620791 | 160 000 | 172 800 | 185 600 | 198 400 | 211 200 | 30 509(*) | | 620821 | 100 000 | 108 000 | 116 000 | 124 000 | 132 000 | 19 068(*) | | 620822 | 90 000 | 97 200 | 104 400 | 111 600 | 118 800 | 17 161(*) | | 620891 | 10 000 | 10 800 | 11 600 | 12 400 | 13 200 | 1 907(*) | | 620892 | 10 000 | 10 800 | 11 600 | 12 400 | 13 200 | 1 907(*) | | 621210 | 30 000 | 32 400 | 34 800 | 37 200 | 39 600 | 5 720(*) | | 621220 | 500 000 | 540 000 | 580 000 | 620 000 | 660 000 | 95 340(*) | | 621230 | 20 000 | 21 600 | 23 200 | 24 800 | 26 400 | 3 814(*) | | 621290 | 1 000 000 | 1 080 000 | 1 160 000 | 1 240 000 | 1 320 000 | 190 680(*) | (*) (Thus amended the previous table corresponding from year 6 onwards for each of the relevant HS code entries in the distribution column of Nicaragua by section 18) sub-section m. x) of the annex to International Treaty No. 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") 2. After the five-year period provided for in paragraph 1, letter b), the Parties shall evaluate the application of the quota system, in particular with respect to the quantities and their distribution. The Parties shall evaluate whether it is feasible to accept an annual increase for the coming years, as well as its distribution among the products of chapters 61 and 62.

NOTE 5 For products of subheading 7607 20 (Aluminium foil (whether or not printed or backed with paper, paperboard, plastics or similar backing materials) of a thickness (excluding any backing) not exceeding 0.2 mm, backed), the following rule shall confer origin on goods exported from El Salvador to the EU Party within an annual quota of 136(*) metric tonnes:

(*) (Thus amended by section 18) sub-section m. xi) of the annex to International Treaty No. 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") Manufacture from materials of any heading.

NOTE 6 For products of headings 8544 30 (Ignition wiring sets and other wiring sets of a kind used in vehicles); 8544 42 (Other electric conductors, for a voltage not exceeding 1 000 V: Fitted with connectors); 8544 49 (Other electric conductors, for a voltage not exceeding 1 000 V: Other) and 8544 60 (Other electric conductors, for a voltage exceeding 1 000 V) the following rule shall confer origin on goods exported from Central America to the European Union within the annual quota of 2 724(*) metric tonnes:

(*) (Thus amended by section 18) sub-section m. xii. a) of the annex to International Treaty No. 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") Manufacture from materials of any heading.

This rule shall confer origin on goods exported from Central America to the European Union within the following annual quotas:

CountryMetric tonnes
Honduras1 090
Central America1 634

(*) (Thus amended the previous table by section 18) sub-section m. xii. b) of the annex to International Treaty No. 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") APPENDIX 3 SPECIMENS OF MOVEMENT CERTIFICATE EUR.1 AND APPLICATION FOR A MOVEMENT CERTIFICATE EUR.1 Instructions for printing 1. Each form of the certificate shall measure 210 × 297 mm; a tolerance of up to 5 mm less or 8 mm more in length shall be permitted. The paper used shall be white, sized for writing, not containing mechanical pulp and weighing not less than 25 g/m2. It shall have a printed green guilloche pattern background making any falsification by mechanical or chemical means apparent to the eye.

2. The competent public authorities of the Member States of the European Union and of the Republics of the CA Party may reserve the right to print the certificates themselves or may have them printed by approved printers. In the latter case, each certificate must include a reference to such approval. Each certificate must include the name and address of the printer or a mark by which the printer can be identified. It shall also bear a serial number, either printed or not, by which it can be identified.

164 For goods not packaged, state the number of objects or indicate "in bulk".

165 Complete only if the regulations of the exporting country or territory require it.

NOTES 1. Certificates must not contain erasures or words written over one another. Any alterations must be made by deleting the incorrect particulars and adding any necessary corrections. Any such alteration must be initialled by the person who completed the certificate and endorsed by the competent public or customs authorities of the issuing country or territory.

2. No spaces must be left between the items entered on the certificate and each item must be preceded by an item number. A horizontal line must be drawn immediately below the last item. Any unused space must be struck through in such a manner as to make any later additions impossible.

3. Goods must be described in accordance with commercial practice and in sufficient detail to enable them to be identified.

166 If the goods are not packaged, indicate the number of articles or state "in bulk", as appropriate.

I, the undersigned, exporter of the goods described overleaf, DECLARE that these goods meet the requirements for obtaining the attached certificate; SPECIFY the circumstances that have enabled these goods to meet these requirements as follows:

.................................................................................................... .............................................................

.................................................................................................... .............................................................

.................................................................................................... .............................................................

SUBMIT the following supporting documents167:

.................................................................................................... .............................................................

.................................................................................................... .............................................................

.................................................................................................... .............................................................

UNDERTAKE to submit, at the request of the competent public authorities, any supplementary evidence they may require for the purpose of issuing the attached certificate, and undertake to accept any inspection by those authorities of my accounts and of the circumstances of the manufacture of the aforementioned goods; REQUEST the issuance of the attached certificate for these goods.

..............................................................................................

(Place and date) ..............................................................................................

(Signature) 167 For example: import documents, movement certificates, invoices, manufacturer's declarations, etc., referring to the products used in manufacture or to the goods re-exported in the same state.

APPENDIX 4 INVOICE DECLARATION Specific requirements for making out an invoice declaration (*) (Note from Sinalevi: By section 18) sub-section m. xiv) of the annex to International Treaty No. 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", in relation to the previous appendix 4) it was indicated that for all versions of the invoice declaration only those drafted in Spanish and English are incorporated, and the second sentence of footnote 2 is not incorporated.)

The invoice declaration, the text of which is given below, must be made out using one of the linguistic versions set out and in accordance with the provisions of the national law of the exporting country. If the declaration is handwritten, it must be written in ink in printed characters. The invoice declaration shall be made out in accordance with the corresponding footnotes. The footnotes do not have to be reproduced.

Bulgarian version Износителят на продуктите, обхванати от този документ (разрешение № . от митница или от друг компетентен държавен орган (1)) декларира, че освен където ясно е отбелязано друго, тези продукти са с . (2) преференциален произход.

Spanish version El exportador de los productos incluidos en el presente documento (autorización aduanera o de la autoridad pública competente nº ... (1)) declara que, salvo indicación en sentido contrario, estos productos gozan de un origen preferencial ... (2).

Czech version Vývozce výrobků uvedených v tomto dokumentu (číslo povolení celního nebo příslusného vládního orgánu ... (1)) prohlasuje, ze kromě zřetelně označených, mají tyto výrobky preferenční původ v ... (2).

Danish version Eksportøren af varer, der er omfattet af nærværende dokument, (toldmyndighedernes eller den kompetente offentlige myndigheds tilladelse nr. ... (1)) erklærer, at varerne, medmindre andet tydeligt er angivet, har præferenceoprindelse i ... (2).

German version Der Ausführer (Ermächtigter Ausführer; Bewilligung der Zollbehörde oder der zuständigen Regierungsbehörde Nr. . (1)) der Waren, auf die sich dieses Handelspapier bezieht, erklärt, dass diese Waren, soweit nichts anderes angegeben, präferenzbegünstigte Ursprungswaren ... (2) sind.

Estonian version Käesoleva dokumendiga hõlmatud toodete eksportija (tolliameti või pädeva valitsusasutuse luba nr. ... (1)) deklareerib, et need tooted on ... (2) sooduspäritoluga, välja arvatud juhul kui on selgelt näidatud teisiti.

Greek version Ο εξαγωγέας των προϊόντων που καλύπτονται από το παρόν έγγραφο (άδεια τελωνείου ή της καθύλην αρμόδιας αρχής, υπ΄αριθ. ... (1)) δηλώνει ότι, εκτός εάν δηλώνεται σαφώς άλλως, τα προϊόντα αυτά είναι προτιμησιακής καταγωγής ... (2).

English version The exporter of the products covered by this document (customs or competent public authority authorisation No ... (1)) declares that, except where otherwise clearly indicated, these products are of ... preferential origin (2).

French version L'exportateur des produits couverts par le présent document (autorisation douanière ou de l'autorité publique compétente n° . (1)) déclare que, sauf indication claire du contraire, ces produits ont l'origine préférentielle ... (2).

Italian version L'esportatore delle merci contemplate nel presente documento (autorizzazione doganale o dell'autorità pubblica competente n. . (1)) dichiara che, salvo indicazione contraria, le merci sono di origine preferenziale ... (2).

Latvian version Eksportētājs produktiem, kuri ietverti sajā dokumentā (muitas vai kompetentu valsts iestāzu pilnvara Nr. . (1)), deklarē, ka, iznemot tur, kur ir citādi skaidri noteikts, siem produktiem ir prieksrocību izcelsme no . (2).

Lithuanian version Šiame dokumente išvardintų prekių eksportuotojas (muitinės arba kompetetingos valstybinės institucijos liudijimo Nr . (1)) deklaruoja, kad, jeigu kitaip nenurodyta, tai yra . (2) preferencinės kilmės prekės.

Hungarian version A jelen okmányban szereplő áruk exportőre (vámfelhatalmazási szám: . (1) vagy az illetékes kormányzati szerv által kiadott engedély száma: .) kijelentem, hogy eltérő jelzs hiányában az áruk kedvezményes . származásúak (2).

Maltese version L-esportatur tal-prodotti koperti b'dan id-dokument (awtorizzazzjoni kompetenti tal-gvern jew tad-dwana nru. . (1)) jiddikjara li, hlief fejn indikat b'mod car li mhux hekk, dawn ilprodotti huma ta' origini preferenzjali . (2).

Dutch version De exporteur van de goederen waarop dit document van toepassing is (douanevergunning of vergunning van de competente overheidsinstantie nr. .(1)) verklaart dat, behoudens uitdrukkelijke andersluidende vermelding, deze goederen van preferentiële ... oorsprong zijn (2).

Polish version The exporter of the products covered by this document (customs authorization or competent governmental authority authorization No. . (1)) declares that, except where otherwise clearly indicated, these products have . (2) preferential origin.

Portuguese version The undersigned, exporter of the products covered by this document (customs authorization or competent governmental authority authorization No. . (1)) declares that, except where expressly indicated otherwise, these products are of preferential origin ... (2).

Romanian version The exporter of the products covered by this document (customs authorization or competent governmental authority authorization No. ... (1)) declares that, except where expressly indicated otherwise, these products are of preferential origin ... (2).

Slovak version The exporter of the products listed in this document (customs office authorization or competent governmental authorization number . (1)) declares that, except for those clearly indicated, these products have preferential origin in . (2).

Slovenian version The exporter of the goods covered by this document (authorization of the customs or competent state authorities No. . (1)) declares that, unless otherwise clearly stated, these goods have preferential ... (2) origin.

Finnish version The exporter of the products mentioned in this document (customs or competent public authority authorization No. ... (1)) declares that these products are, unless otherwise clearly marked, goods entitled to ... preferential origin (2).

Swedish version The exporter of the goods covered by this document (authorization of the customs authority or competent governmental authority No. __. (1)) certifies that these goods, unless otherwise clearly marked, have preferential ___ origin (2).

.................................................... (3) (Place and date) ..................................................... (4) (Signature of the exporter; additionally, the name of the person signing the declaration must be indicated legibly) (1) When the invoice declaration is made by an approved exporter within the meaning of Article 20 of Annex II, the authorized exporter's authorization number must be entered in this space. When the invoice declaration is not made by an approved exporter, the words in brackets shall be omitted or the space shall be left blank. (2) Indicate the origin of the products. When the invoice declaration relates, wholly or in part, to products originating in Ceuta and Melilla within the meaning of Article 34 of Annex II, the exporter must clearly indicate this in the document on which the declaration is made by means of the symbol "CM". (3) These indications may be omitted if the document itself contains the information. (4) See Article 19(5) of Annex II. In cases where the exporter's signature is not required, the exemption from signature shall also imply the exemption of the signatory's name.

APPENDIX 5 PERIOD FOR THE SUBMISSION OF AN INVOICE DECLARATION OR REIMBURSEMENT OF DUTIES AS ESTABLISHED IN ARTICLE 19(6) AND ARTICLE 21(4) OF ANNEX II, CONCERNING THE DEFINITION OF THE CONCEPT OF "ORIGINATING PRODUCTS" AND METHODS OF ADMINISTRATIVE COOPERATION 1. For the EU Party, two years. 2. For the Republics of the CA Party, one year.

APPENDIX 6 AMOUNTS REFERRED TO IN ARTICLE 19(1)(B) AND ARTICLE 24(3) OF ANNEX II, CONCERNING THE DEFINITION OF THE CONCEPT OF "ORIGINATING PRODUCTS" AND METHODS OF ADMINISTRATIVE COOPERATION CONDITIONS FOR MAKING OUT AN INVOICE DECLARATION In accordance with Article 19(1)(b) of Annex II, the invoice declaration referred to in Article 14(1)(b) of that Annex may be made out by any exporter for any consignment consisting of one or more packages containing originating products whose total value does not exceed 6,000 euros.

EXEMPTIONS FROM THE PROOF OF ORIGIN In accordance with Article 24(3) of Annex II, the total value of the products referred to in that Article shall not exceed 500 euros in the case of small packages or 1,200 euros in the case of products forming part of a traveler's personal luggage.

MUTUAL ADMINISTRATIVE ASSISTANCE IN CUSTOMS MATTERS

ANNEX III

1

For the purposes of this Annex: a) "requesting authority" means a competent customs authority or other administrative authority designated by a Party for this purpose which makes a request for assistance in accordance with this Annex; b) "breach of customs legislation" means any violation or attempted violation of customs legislation; c) "customs legislation" means any binding legal, regulatory or administrative provision applicable in the territory of the Parties, governing the import, export and transit of goods and their placement under any other customs regime, procedure or operation, including prohibition, restriction and control measures; d) "information" means data in any form, documents, records, reports and copies thereof which may be certified or authenticated; e) "personal data" means any information relating to an identified or identifiable natural person; and f) "requested authority" means a competent customs authority or other administrative authority designated by a Party for this purpose which receives a request for assistance in accordance with this Annex.

2

1. The Parties shall provide mutual assistance, within their competence, in the manner and under the conditions provided for in this Annex, to ensure the correct application of customs legislation, in particular by preventing, investigating and combating breaches of customs legislation. 2. The assistance in customs matters provided for in this Annex shall apply to any customs authority or other administrative authority of the Parties that is competent for the application of this Annex. Such assistance shall be without prejudice to the provisions governing mutual assistance in criminal matters and shall not cover information obtained under powers exercised at the request of a judicial authority, unless the communication of such information is authorized by that authority. 3. Assistance in the recovery of duties, taxes or fines is not covered by this Annex.

3

1. At the request of the requesting authority, the requested authority shall provide it with all pertinent information enabling it to ensure that customs legislation is correctly applied, including information regarding observed or planned activities which constitute or may constitute breaches of customs legislation. 2. At the request of the requesting authority, the requested authority shall inform it whether: a) goods exported from the territory of one of the Parties have been imported into the territory of the other Party in accordance with the applicable customs legislation, specifying, where relevant, the customs procedure applied to those goods; b) goods imported into the territory of one of the Parties have been exported from the territory of the other Party in accordance with the applicable customs legislation, specifying, where relevant, the customs procedure applied to those goods. 3. At the request of the requesting authority, the requested authority shall, within the framework of its legal or regulatory provisions, take the necessary measures to ensure special surveillance over: a) natural or legal persons in respect of whom there are grounds for believing that they are or have been involved in the commission of breaches of customs legislation; b) places where stocks of goods have been or may be assembled, in such a way that there are grounds for supposing that these goods are intended to be used in the commission of breaches of customs legislation; c) goods transported or which may be transported, in such a way that there are grounds for believing that they are intended to be used in the commission of breaches of customs legislation; d) means of transport which are being or may be used in such a way that there are grounds for believing that they are intended to be used in the commission of breaches of customs legislation.

4

The Parties shall provide each other with mutual assistance, on their own initiative and in accordance with their legal or regulatory provisions, if they consider this necessary for the correct application of customs legislation, in particular by providing the information they have obtained concerning: a) activities which are or appear to be breaches of customs legislation and which may be of interest to the other Party; b) new means or methods used in the commission of breaches of customs legislation; c) goods known to be the subject of breaches of customs legislation; d) natural or legal persons in respect of whom there are grounds for believing that they are or have been involved in the commission of breaches of customs legislation; e) means of transport in respect of which there are grounds for believing that they have been, are, or could be used in the commission of breaches of customs legislation.

5

1. At the request of the requesting authority, the requested authority shall, in accordance with the legal or regulatory provisions applicable to it, take all necessary measures to deliver any documents or notify any decisions emanating from the requesting authority and falling within the scope of this Annex, to an addressee residing or established in the territory of the requested authority. 2. Requests for the delivery of documents or notification of decisions shall be made in writing in an official language of the requested authority or in a language acceptable to that authority.

6

1. Requests made pursuant to this Annex shall be made in writing. They shall be accompanied by the documents necessary to facilitate compliance with the request. When the urgency of the situation so requires, oral requests may be accepted, but they must be confirmed in writing within five days of the oral request at the latest. If this condition is not met, the requested authority may disregard the request or treat it as if it had not been submitted. 2. Requests submitted in accordance with paragraph 1 shall contain the following information: a) the requesting authority and, if possible, the name of the official responsible; b) the requested authority; c) the assistance requested; d) the purpose and reason for the request; e) legal or regulatory provisions and other legal elements on which the request is based; f) indications as accurate and complete as possible concerning the natural or legal persons who are the subject of the investigations; g) a summary of the relevant facts and of the investigations already carried out; and h) an indication of whether it would not be in a position to provide the assistance requested if it were requested. 3. Requests shall be drawn up in an official language of the requested authority or in a language acceptable to that authority. This requirement shall not apply to documents accompanying the request referred to in paragraph 1. 4. If a request does not meet the formal requirements set out above, its correction or completion may be requested; meanwhile, appropriate precautionary measures may be taken, in accordance with the legal or regulatory provisions of the requested authority.

7

1. To respond to a request for assistance, the requested authority shall proceed, within the limits of its competence and available resources, as if it were acting on its own account or at the request of other authorities of that same Party, by providing the information already in its possession, carrying out or arranging for the necessary investigations to be carried out. This provision shall also apply to any other authority to which the requested authority has sent the request when the latter cannot act on its own account. 2. Requests for assistance shall be processed in accordance with the legal or regulatory provisions of the requested Party and in accordance with this Annex. 3. Duly authorized officials of a Party may, with the consent of the other Party involved and subject to the conditions laid down by the latter, present themselves to obtain, in the offices of the requested authority or of any other relevant authority in accordance with paragraph 1, the information relating to activities which constitute or may constitute a breach of customs legislation that the requesting authority needs for the purposes of this Annex. 4. Duly authorized officials of a Party may, with the consent of the other Party involved and under the conditions laid down by the latter, be present at investigations carried out in the latter's territory. 5. If the requested authority is not the competent authority to comply with the request for assistance, it shall transmit the request to the competent service and shall notify the requesting authority of the measures taken.

8

1. The requested authority shall communicate the results of the investigations to the requesting authority in writing, together with any relevant documents, certified or authenticated copies, and other elements. 2. This information may be provided in electronic form or by electronic means. 3. Original documents shall be transmitted only upon request, in cases where certified or authenticated copies are insufficient. These originals shall be returned as soon as possible.

9

1. Assistance may be refused or made subject to compliance with certain conditions or requirements, in cases where a Party considers that assistance under this Annex: a) would be likely to prejudice the sovereignty of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Panama or of a Member State of the European Union which has been requested to provide assistance in accordance with this Annex; or b) would be likely to prejudice public order, security or other essential interests, in particular in the cases referred to in Article 10(2); or c) would violate an industrial, commercial or professional secret. 2. The requested authority may postpone assistance if it considers that it would interfere with an ongoing investigation, judicial process or proceeding. In such a case, the requested authority shall consult the requesting authority to determine whether assistance can be provided under the terms and conditions that the requested authority may require. 3. If the requesting authority requests assistance which it would itself be unable to provide if so requested, it shall draw attention to that fact in its request. It shall then be for the requested authority to decide how to respond to such a request. 4. In the cases referred to in paragraphs 1 and 2, the decision of the requested authority and the reasons for it must be communicated to the requesting authority without delay.

10

1. All information communicated in application of this Annex shall be of a confidential or restricted nature, in accordance with the rules applicable in each of the Parties. It shall be covered by the obligation of confidentiality or professional secrecy applicable in each of the Parties and shall enjoy the protection afforded to this type of information under the legal and regulatory provisions of each Party. 2. Personal data may only be exchanged, in accordance with the legislation of each Party, when the receiving Party undertakes to protect it in a manner at least equivalent to that applicable to that specific case in the supplying Party. 3. The use, in judicial proceedings or administrative procedures initiated in connection with breaches of customs legislation, of information obtained in accordance with this Annex shall be considered to be carried out for the purposes of this Annex. Therefore, the Parties may, in their records of evidence, reports and testimonies and in proceedings and charges brought before the courts, use as evidence the information obtained and the documents consulted in accordance with the provisions of this Annex. The competent authority which supplied such information or gave access to such documents shall be notified of such use. 4. Information obtained shall be used solely for the purposes of this Annex. Where one of the Parties wishes to use such information for other purposes, it shall obtain the prior written consent of the authority which provided the information. Such use shall then be subject to any restrictions imposed by that authority.

11

An official of the requested authority may be authorized to appear, within the limits of the authorization granted, as an expert or witness in judicial proceedings or administrative procedures regarding the matters covered by this Annex and to produce such objects, documents or certified or authenticated copies thereof as may be needed for the proceedings. The request for appearance must indicate specifically the judicial or administrative authority before which the official must appear and on what matters and by virtue of what title or qualification the official is being questioned.

12

The Parties shall respectively waive all claims for reimbursement of costs incurred in the application of this Annex, except, as appropriate, for expenses paid to experts and witnesses, as well as to interpreters and translators who are not public administration employees.

13

1. The implementation of this Annex shall be entrusted to the customs authorities or other competent authorities of the Parties, who shall adopt all necessary measures and practical arrangements for its application. They may propose to the competent bodies any amendments they consider should be made to this Annex. 2. The Parties shall consult each other and shall subsequently inform each other of the implementing rules which are adopted in accordance with this Annex.

14

1. Taking into account the respective competences of the European Union and its Member States, on the one hand, and of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama, on the other, the provisions of this Annex: a) shall not affect the obligations of the Parties under any other international agreement or convention; b) shall be considered complementary to the Mutual Assistance Agreements which have been concluded or which may be concluded between the Member States of the European Union and Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama, or between those countries; and c) shall not affect the provisions of the European Union concerning the communication, between the competent services of the European Commission and the customs authorities of the Member States of the European Union, of any information obtained under this Annex which may be of interest to the European Union.

(Note by Sinalevi: By means of subsection 19) sub-subsection a) of the annex of International Treaty, N° 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and of the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Subsection 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019", it was agreed to indicate that subparagraph c) above is not incorporated into the aforementioned Agreement) 2. Notwithstanding paragraph 1(b), the provisions of this Annex shall prevail over the provisions of any bilateral agreement on mutual assistance that has been concluded, between the United Kingdom and any of the Republics of the CA Party before the date of signature of this Agreement, to the extent that the provisions of the latter are incompatible with those of this Annex.

(Thus reformed the previous paragraph by subsection 19) sub-subsection b) of the annex of International Treaty, N° 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and of the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Subsection 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019") 3. In order to resolve questions relating to the applicability of this Annex, the Parties shall consult each other within the framework of the Subcommittee on Customs, Trade Facilitation and Rules of Origin established under Article 123 of Chapter 3 of Title II (Trade in Goods) of Part IV of this Agreement.

SPECIAL PROVISIONS ON ADMINISTRATIVE COOPERATION 1. The Parties agree that administrative cooperation is fundamental for the application and control of the preferential treatment granted under Chapter 1 of Title II (Trade in Goods) of Part IV of this Agreement and highlight their commitment to combating breaches of customs legislation. 2. Where a Party establishes, based on objective information, that another Party has not provided administrative cooperation with respect to the preferences granted under Chapter 1 of Title II (Trade in Goods) of Part IV of this Agreement, the affected Party may temporarily suspend the corresponding preferential treatment granted to the product or products affected in accordance with this Annex. 3. For the purposes of this Annex, a lack of administrative cooperation by a Party shall mean: a) repeated failure to comply with the obligations to verify the originating status of the product or products affected, at the request of the other Party; b) repeated refusal or unjustified delay in communicating the results of the subsequent verification of the proof of origin, at the request of the other Party; c) repeated refusal or unjustified delay in obtaining authorization to carry out administrative cooperation missions to verify the authenticity of documents or the accuracy of information relevant to the granting of preferential treatment. The request for authorization to carry out administrative cooperation missions shall be established through the competent public authorities of each Party. 4. The application of a temporary suspension shall be subject to the following conditions: a) the Party which has established, based on objective information, the lack of administrative cooperation must, before applying any temporary suspension, notify its finding to the Association Committee without unjustified delay together with the objective information and enter into consultations in the Association Committee, on the basis of all relevant information and objective findings, with the aim of reaching a solution acceptable to both Parties to avoid the application of the temporary suspension; b) where the Parties have entered into consultations in the Association Committee as indicated above and have been unable to agree on an acceptable solution within three months from the notification, in order to avoid the application of a temporary suspension, the affected Party may temporarily suspend the corresponding preferential treatment of the product or products affected. The temporary suspension shall be notified to the Association Committee without unjustified delay; c) the temporary suspensions provided for in this Annex shall be limited to what is necessary to protect the financial interests of the affected Party. They shall not exceed a period of six months, unless at that time the circumstances justifying the temporary suspension have not changed. Temporary suspensions shall be notified immediately after their adoption to the Association Committee. They shall be subject to periodic consultations in the Association Committee, in particular with a view to their suspension as soon as the conditions that justified their application cease to exist. 5. The Parties shall communicate to importers the main findings of the consultation in the Association Committee and/or the adoption of a temporary suspension under this Annex, in accordance with the internal procedures of the Parties.

MANAGEMENT OF ADMINISTRATIVE ERRORS Where a Party establishes, based on objective information, the existence of an error on the part of the competent public authorities of the other Party regarding the correct management of the system of preferences for export in relation to the application of the provisions of Annex II (Concerning the definition of the concept of "originating products" and methods of administrative cooperation), where this error has consequences on import duties, the Party which must bear those consequences shall request the Association Committee to examine the possibilities of adopting all appropriate measures with a view to resolving the situation satisfactorily for the Parties.

COMPETENT AUTHORITIES A. COMPETENT AUTHORITIES OF THE UNITED KINGDOM (Thus reformed the previous paragraph by subsection 20) of the annex of International Treaty, N° 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and of the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Subsection 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019") The United Kingdom shall notify the Republics of the CA Party of its competent authorities on the date of entry into force of this Agreement.

(Thus reformed the previous paragraph by subsection 20) of the annex of International Treaty, N° 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and of the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Subsection 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019") B. COMPETENT AUTHORITIES OF THE REPUBLICS OF THE CA PARTY B.1. Competent authorities of Costa Rica - Servicio Nacional de Salud Animal (SENASA), of the Ministerio de Agricultura y Ganadería (MAG), is the competent authority regulating animal health protection, veterinary public health and the safety of food of animal origin; - Servicio Fitosanitario del Estado (SFE), of the MAG, is the competent authority regulating scientific and phytosanitary protection of plants and pesticide residues in plants; - Ministerio de Salud is the competent authority that guarantees national public health and the sanitary control of food products intended for human consumption; and - Ministerio de Comercio Exterior (COMEX) is the competent authority responsible for the administration of Chapter 5 (Sanitary and Phytosanitary Measures); or their successors.

B.2. Competent authorities of El Salvador - Ministry of Agriculture and Livestock (Ministerio de Agricultura y Ganadería, MAG), through the General Directorate of Plant and Animal Health (Dirección General de Sanidad Vegetal y Animal), is the competent authority responsible for protecting human health, animal health, veterinary public health, and plant health and preservation; - Ministry of Economy (Ministerio de Economía, MINEC), through the Directorate of Trade Treaty Administration (Dirección de Administración de Tratados Comerciales, DATCO), is the competent authority responsible for administering the application of Chapter 5 (Sanitary and Phytosanitary Measures); and - Ministry of Public Health and Social Assistance (Ministerio de Salud Pública y Asistencia Social, MSPAS), through the Food Control Unit, is the competent authority for ensuring public health in the country, in coordination with the competent authority in the MAG; or their successors.

B.3. Competent authorities of Guatemala - Ministry of Economy (Ministerio de Economía), through the Directorate of Foreign Trade Administration, is the competent authority responsible for administering the application of Chapter 5 (Sanitary and Phytosanitary Measures); - Ministry of Agriculture, Livestock and Food (Ministerio de Agricultura, Ganadería y Alimentación, MAGA), through the Unit of Standards and Regulations (Unidad de Normas y Regulaciones, UNR), is the competent authority that regulates the protection of human health (veterinary public health), animal health, and plant health and preservation, as well as the maintenance and safety of their unprocessed products and by-products; and - Ministry of Public Health and Social Assistance (Ministerio de Salud Pública y Asistencia Social, MSPAS), through the Directorate of Food and Drug Control, is the competent authority for ensuring public health in the country and, in coordination with the UNR, supervising the sanitary control of products for human consumption; or their successors.

B.4. Competent authorities of Honduras - Secretariat of State in the Offices of Industry and Commerce (Secretaría de Estado en los Despachos de Industria y Comercio), through the General Directorate of Economic Integration and Trade Policy, is the competent authority responsible for the administration of the application of Chapter 5 (Sanitary and Phytosanitary Measures); - Secretariat of State in the Offices of Agriculture and Livestock (Secretaría de Estado en los Despachos de Agricultura y Ganadería, SAG), through the General Directorate of the National Agricultural Health Service (Servicio Nacional de Sanidad Agropecuaria, SENASA) and the Food Safety Division, is the competent authority that regulates the protection of human health (veterinary public health), animal health, and plant health and preservation, as well as the conservation and safety of their products and by-products; and - Secretariat of State in the Office of Health, through the General Directorate of Health Regulation, is the competent authority for ensuring public health in the country and, in coordination with SENASA, supervising the sanitary control of food products for human consumption; or their successors.

B.5. Competent authorities of Nicaragua - Ministry of Development, Industry and Commerce (Ministerio de Fomento, Industria y Comercio, MIFIC), through the Directorate of Application and Negotiation of Trade Agreements, is the competent authority responsible for administering the application of Chapter 5 (Sanitary and Phytosanitary Measures); - Ministry of Agriculture and Forestry (Ministerio Agropecuario y Forestal, MAGFOR), through the General Directorate of Agricultural Protection and Health (Dirección General de Protección y Sanidad Agropecuaria, DGPSA), is the competent authority that regulates the protection of human health (veterinary public health), animal health, and plant health and preservation, as well as the maintenance and safety of their products and by-products, based on national and international regulations in order to guarantee consumer food health; and - Ministry of Health (Ministerio de Salud, MINSA), through the Directorate of Food Regulation, is the competent authority for ensuring national public health and, in coordination with MAGFOR / DGPSA, ensuring the sanitary control of food for human consumption; or their successors.

B.6. Competent authorities of Panama - National Directorate of Animal Health (Dirección Nacional de Salud Animal, DINASA), of the Ministry of Agricultural Development (Ministerio de Desarrollo Agropecuario, MIDA), is the authority responsible for ensuring the application of animal health measures. MIDA coordinates its functions with the Ministry of Health (Ministerio de Salud, MINSA) and with the Panamanian Food Safety Authority (Autoridad Panameña de Seguridad de Alimentos, AUPSA); - National Directorate of Plant Health (Dirección Nacional de Sanidad Vegetal, DINASAVE), of the Ministry of Agricultural Development (Ministerio de Desarrollo Agropecuario, MIDA), is the authority responsible for protecting and maintaining phytosanitary conditions and quality, including pest control and prevention, as well as the control of pesticides and fertilizers; - Panamanian Food Safety Authority (Autoridad Panameña de Seguridad de Alimentos, AUPSA) is the authority responsible for ensuring compliance with and application of international and national legislation related to the safety of food and the quality of food intended for human and animal consumption that is to be introduced into the national territory; - Food Protection Department (Departamento de Protección de Alimentos, DEPA), of the Ministry of Health (Ministerio de Salud, MINSA), is the competent authority for supervising and controlling food health, as well as food establishments and food processors, through inspections, analysis and registration of systems based on scientific criteria, in accordance with international sanitary and phytosanitary measures; DEPA coordinates its functions with DINASA, AUPSA and DINASAVE; and - National Directorate of Administration of International Trade Treaties and Trade Defense (Dirección Nacional de Administración de Tratados Comerciales Internacionales y Defensa Comercial, DINATRADEC), of the Ministry of Commerce and Industries (Ministerio de Comercio e Industrias, MICI), is the competent authority responsible for the administration and application of Chapter 5 (Sanitary and Phytosanitary Measures); or their successors.

REQUIREMENTS AND PROVISIONS FOR THE APPROVAL OF ESTABLISHMENTS FOR PRODUCTS OF ANIMAL ORIGIN 1. The competent authority of the importing Party shall draw up the lists of approved establishments and make them public.

2. Requirements and procedures for approval:

  • a)the product of animal origin in question must have been authorized by the competent authority of the importing Party; this authorization shall include the import and certification requirements; b) the competent authority of the exporting Party shall approve the establishments intended for establishments comply with the relevant health requirements of the importing Party; c) the competent authority of the exporting Party must have the power to suspend or withdraw the export approval of an establishment in case of non-compliance; d) the importing Party may carry out verification checks in accordance with the provisions of Article 148 of Chapter 5 (Sanitary and Phytosanitary Measures) of Title II of Part IV of this Agreement, as part of the approval procedure.

These verification checks shall relate to the structure, organization and powers of the competent authority responsible for the approval of the establishments and for the health guarantees regarding compliance with the requirements of the importing Party.

These inspections may include on-site inspection of the establishments included on the list or lists supplied by the exporting Party.

Taking into account the specific structure and the division of competences within the EU Party, in the EU Party such verification may relate to individual Member States of the European Union; and (Sinalevi Note: By clause 21) of the annex to International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on the 18th day of July 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Paragraph 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019", it was agreed to indicate that the preceding paragraph is not incorporated into the aforementioned Agreement) e) the importing Party may modify the existing lists of establishments on the basis of the results of the verification checks mentioned in letter d).

3. The provisions of paragraphs 1 and 2 shall initially be limited to the following categories of establishments:

  • a)all establishments for fresh meat from domestic species; b) all establishments for fresh meat from wild and farmed game; c) all establishments for poultry meat; d) all establishments for meat products from all species; e) all establishments for other products of animal origin intended for human consumption (e.g., casings, meat preparations, minced meat); f) all establishments for milk and dairy products intended for human consumption; and g) processing establishments and factory/freezer vessels for fishery products intended for human consumption, including bivalve molluscs and crustaceans.

GUIDELINES APPLICABLE TO VERIFICATION CHECKS 1. Verification checks may be carried out on the basis of audits and/or on-site inspections.

2. For the purposes of this annex:

  • a)the "auditee" is the Party subject to verification; and b) the "auditor" is the Party carrying out the verification.

3. General principles of verification a) Verification checks must be carried out in cooperation between the auditor and the auditee, in accordance with the provisions of this annex.

  • b)Verification checks must aim at checking the effectiveness of the auditee's controls, rather than rejecting animals, groups of animals, consignments from food sector establishments or individual lots of plants or plant products. Where a verification check reveals a serious risk to human, animal or plant health, the auditee shall immediately take corrective actions. The process may include the study of the relevant standards, the method of implementation, the evaluation of the final outcome, the level of compliance and the consequent corrective measures.
  • c)The frequency of verification checks must be based on performance. A low level of performance will lead to an increase in the frequency of verification checks. Unsatisfactory performance must be corrected by the auditee to the satisfaction of the auditor.
  • d)Verification checks and the decisions based on them shall be carried out in a transparent and consistent manner.

4. Principles relating to the auditor Auditors must prepare a plan, preferably in accordance with recognized international standards, covering the following aspects:

  • a)subject, depth and scope of the verification; b) date and place of the verification, as well as a timetable including the date of issue of the final report; c) language or languages in which the verification will be conducted and the report drafted; d) identity of the auditors, including the team leader if it is a team; a special professional qualification may be required for the verification of specialized systems and programs; e) program of meetings with officials and visits to establishments or facilities, as appropriate; the identity of the establishments or facilities to be visited need not be communicated in advance; f) subject to the provisions on freedom of information, the auditor shall observe the principle of commercial confidentiality; conflicts of interest must be avoided; and g) respect for rules on occupational health and safety related to sanitary and phytosanitary aspects; this plan must be reviewed in advance together with representatives of the auditee.

5. Principles relating to the auditee The following principles apply to the measures taken by the auditee, in order to facilitate verification checks:

  • a)the auditee shall cooperate fully with the auditor and designate the personnel responsible for this task; cooperation may include, for example:
  • i)access to all relevant regulations and standards; ii) access to compliance programs and relevant records and documents; iii) access to audit and inspection reports; iv) access to documentation relating to corrective measures and sanctions; or v) facilitating entry into establishments; b) the auditee shall operate a documented program to demonstrate to the auditor that the standards are met in a consistent and uniform manner.

6. Procedures a) Opening meeting. Representatives of the Parties shall hold an opening meeting. At this meeting, the auditor shall be responsible for reviewing the verification plan and confirming that adequate resources, documentation and any other elements necessary to carry out the verification are available.

  • b)Document review . The document review may consist of an examination of the documents and records referred to in paragraph 5, letter a), of the structures and competences of the auditee, as well as any relevant changes to the inspection and certification systems since the entry into force of this Agreement or since the previous verification, with emphasis on the implementation of elements of the inspection and certification system for animals, products of animal origin, plants and products of plant origin of interest. It may include an assessment of the relevant inspection and certification records and documents.
  • c)On-site inspections :
  • i)To decide whether an on-site inspection is necessary, the risk of the animal, plant or product concerned must be considered, taking into account factors such as the compliance history with the requirements of the industry sector or the exporting country, the volume of production and import or export of the product, and changes in the infrastructure and national inspection and certification systems.
  • ii)The on-site inspection may include visits to production and manufacturing facilities, food handling or storage areas, and control laboratories, to verify compliance with the information contained in the documentation referred to in paragraph 6, letter b); d) Follow-up verification . When a follow-up verification is carried out to check the correction of deficiencies, it may be sufficient to examine only those points that have been considered necessary to correct.

7. Working documents The forms for presenting audit findings and conclusions must be standardized as far as possible in order to make the verification approach more uniform, transparent and effective. Working documents may include checklists of the elements to be evaluated.

Such checklists may include:

  • a)legislation; b) structure and operations of the inspection and certification services; c) establishment data and their working procedures, health statistics, sampling plans and results; d) enforcement measures and procedures; e) information and complaint procedures; and f) training programs.

8. Closing meeting A closing meeting shall be held with representatives of the Parties, including, where appropriate, the officials responsible for the national inspection and certification programs. At this meeting, the auditor shall present the results of the verification. The information shall be presented in a clear and concise manner so that the conclusions of the audit are clearly understood. The auditee shall draw up an action plan to correct any deficiencies observed, preferably with target dates for completion.

9. Report The draft verification report shall be sent to the auditee within twenty working days. The auditee shall have twenty-five working days to comment on the draft report. The comments made by the auditee shall be attached and, where appropriate, incorporated into the final report. However, in the event that a significant risk to human, animal or plant health is detected during the verification, the auditee shall be informed as soon as possible and in any case within ten working days from the completion of the on-site verification checks .

CONTACT POINTS AND WEBSITES A. CONTACT POINTS For the EU Party The United Kingdom shall notify the Republics of the CA Party of its contact points on the date of entry into force of this Agreement.

(Thus amended the preceding paragraph by clause 22) sub-clause a) of the annex to International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on the 18th day of July 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Paragraph 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019") For the Republics of the CA Party:

Costa Rica:

General Directorate of Foreign Trade (Dirección General de Comercio Exterior, DGCE) Ministry of Foreign Trade Address: avenida 1ª y 3ª, calle 40, Paseo Colón, San José, COSTA RICA Postal address: 297-1007 Centro Colón Tel. +506 2299-4700 Fax +506 2255-3281 Email: [email protected] Website: www.comex.go.cr SPS Information and Notification Centre Ministry of Agriculture and Livestock (MAG) State Phytosanitary Service (SFE) National Animal Health Service (SENASA) San José, COSTA RICA Postal address: 10094 -1000 Tel. +506 2549-3454 Fax +506 2549-3599 Email: [email protected] Health Regulation Directorate Ministry of Health Address: avenida 6ª y 8ª, calle 16, San José, COSTA RICA Postal address: 10123-1000 San José Tel. +506 2258-6765 Fax +506 2255-4512 Email: [email protected] Website: www.ministeriodesalud.sa.cr Mission of Costa Rica to the European Union Address: Avenue Louise 489, 1050 Ixelles, BELGIUM Tel. +32 2640-5541 Fax +32 2648-3192 Email: [email protected] Website: www.costaricaembassy.be or their successors or any other contact point designated and notified by the Party to the other Party.

El Salvador General Directorate of Plant and Animal Health Ministry of Agriculture and Livestock (MAG) Address: final 1ª Avenida Norte y Avenida Manuel Gallardo, Santa Tecla, Department of La Libertad, EL SALVADOR Tel. +503 2241-1747 and +503 2297-8435 Fax +503 2229-2613 Website: www.mag.gob.sv Directorate of Trade Treaty Administration Ministry of Economy (MINEC) Address: Alameda Juan Pablo II y Calle Guadalupe, Edif. C-2, Third Level, San Salvador, EL SALVADOR Tel. +503 2247-5788 Fax +503 2247-5789 Website: www.minec.gob.sv Food Control Unit Ministry of Public Health and Social Assistance (MSPAS) Address: Calle Arce nº 827, San Salvador, EL SALVADOR Tel. +503 2202-7000 Fax +503 2221-0991 Website: www.salud.gob.sv or their successors or any other contact point designated and notified by the Party to the other Party.

Guatemala Directorate of Foreign Trade Administration, of the Ministry of Economy Address: 8ª Avenida 10-43, zona 1, Ciudad de Guatemala, GUATEMALA Tel. +502 2412-0200 and +502 2412-0338 Fax +502 2412-0339 Website: www.mineco.gob.gt Vice-Ministry of Agricultural Health and Regulations of the Ministry of Agriculture, Livestock and Food (MAGA) Address: 7ª Avenida 12-90 zona 13, Edificio Monja Blanca, Ciudad de Guatemala, GUATEMALA Tel. +502 2413 - 7385 Tel. +502 2413 - 7387 Fax +502 2413 - 8387 Website: www.maga.gob.gt Department of Regulation and Control of Pharmaceutical Products of the General Directorate of Health Regulation, Surveillance and Control , of the Ministry of Public Health and Social Assistance (MSPAS) Address: 3ª Calle Final 2-10 zona 15, Valles de Vista Hermosa, Ciudad de Guatemala, GUATEMALA Tel. +502 2369-8784 and +502 2369-8786 Fax +502 2369-3320 Website: www.mspas.gob.gt or their successors or any other contact point designated and notified by the Party to the other Party.

Honduras Secretariat of State in the Offices of Agriculture and Livestock General Directorate of the National Agricultural Health Service (SENASA) Address: Avenida La FAO, Boulevard Miraflores, Edificio SENASA, Tegucigalpa, HONDURAS Tel. (504) 2231-0786, (504) 2232-6213, (504) 2239-7989 and (504) 2239-7270 Fax (504) 2231-0786 Website: www.sag.gob.hn; www.senasa-sag.gob.hn General Directorate of Economic Integration and Trade Policy Secretariat of State in the Offices of Industry and Commerce Address: Edificio San José, Boulevard Kuwait, 3rd level, Tegucigalpa, HONDURAS Tel. (504) 2235-5047 Fax (504) 2235-5047 Website: www.sic.gob.hn Secretariat of State in the Office of Health General Directorate of Health Regulation Address: Avenida Jerez, Barrio El Centro, Antiguo Edificio BANMA, third level, Tegucigalpa, HONDURAS Tel (504) 2237-9404 Fax (504) 2237-2726 www.salud.gob.hn or their successors or any other contact point designated and notified by the Party to the other Party.

Nicaragua Ministry of Agriculture and Forestry (MAGFOR) General Directorate of Agricultural Protection and Health Address: Km. 3½, Carretera a Masaya, Managua, NICARAGUA Tel. +505 2278-5042 Fax +505 2270-1089 E-mail: [email protected] Website: www.magfor.gob.ni Ministry of Health Directorate of Food Regulation National Health Complex, "Dra. Concepción Palacios." Address: Costado Oeste Colonia Primero de Mayo, Managua, NICARAGUA Postal Sector: 15AB P.O. Box: 107 Tel. +505 2289-4839 Fax +505 228-94839 Website: [email protected]; [email protected] Ministry of Development, Industry and Commerce Directorate of Application and Negotiation of Trade Agreements Address: Km. 6 Carretera a Masaya, Managua, NICARAGUA P.O. Box: 8 Tel. +505 2267-0161 ext. 1165 Fax +505 2267-0161 ext. 1164 Website: [email protected] or their successors or any other contact point designated and notified by the Party to the other Party.

Panama National Directorate of Administration of International Trade Treaties and Trade Defense Ministry of Commerce and Industries Address: Avenida Ricardo J. Alfaro, Edificio Plaza Edison, 2nd floor, Ciudad de Panamá, PANAMÁ Tel. +507 560-0610 Fax +507 560-0618 Website: http://www.mici.gob.pa Email: [email protected]; [email protected] or their successors or any other contact point designated and notified by the Party to the other Party.

EU/CENTR-AM/Annex IX/en 8 B. FREE-ACCESS WEBSITES For the EU Party www.gov.uk".

(Thus amended the preceding paragraph by clause 22) sub-clause b) of the annex to International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on the 18th day of July 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Paragraph 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019") For the Republics of the CA Party Costa Rica www.senasa.go.cr www.sfe.go.cr www.ministeriodesalud.sa.cr www.comex.go.cr El Salvador http://www.mag.gob.sv/dgsva http://www.minec.gob.sv Guatemala www.mineco.gob.gt http://portal.maga.gob.gt/portal/page/portal/uc_unr http://portal.mspas.gob.gt/ EU/CENTR-AM/Annex IX/en 9 Honduras www.sic.gob.hn www.senasa-sag.gob.hn www.salud.gob.hn Nicaragua www.magfor.gob.ni www.minsa.gob.ni www.mific.gob.ni Panama www.mida.gob.pa www.aupsa.gob.pa www.minsa.gob.pa www.mici.gob.pa

LISTS OF COMMITMENTS ON ESTABLISHMENT

EU PARTY 1. The list of commitments below indicates the economic activities liberalized pursuant to Article 166 of this Agreement and, by means of reservations, the limitations on market access and national treatment applicable to establishments and investors of the Republics of the CA Party in those activities. The lists consist of the following elements:

  • a)A first column indicates the sector or subsector in which the Party undertakes the commitment and the scope of the liberalization to which the reservations apply.
  • b)A second column describes the applicable reservations.

When the column referred to in (b) only includes reservations for specific member states, the member states not mentioned therein undertake commitments in the sector concerned without reservations (N.B. the absence of specific reservations for member states in a given sector is without prejudice to horizontal reservations or EU-wide sectoral reservations that may apply).

(Sinalevi Note: By clause 23) sub-clause b) of the annex to International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on the 18th day of July 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Paragraph 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Ireland and Northern Ireland, and Central America, signed on July 18, 2019", it was agreed to indicate that the subparagraph beginning with the words "When the column" and ending with the words "that may apply)." is not incorporated into this aforementioned Agreement) Sectors or subsectors not mentioned in the following list are not committed.

2. To identify individual sectors and subsectors:

  • a)ISIC rev.3.1 means the International Standard Industrial Classification of all Economic Activities as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 4, ISIC rev.3.1, 2002.
  • b)CPC means the Central Product Classification as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 77, CPC prov., 1991.
  • c)CPC ver. 1.0 means the Central Product Classification as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 77, CPC ver. 1.0, 1998.

3. The list below does not include measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures when they do not constitute a limitation on market access or national treatment within the meaning of Articles 164 and 165 of this Agreement. Such measures (e.g., the need to obtain a license, universal service obligations, the need to obtain recognition of qualifications in regulated sectors, the need to pass specific exams, including language exams, the non-discriminatory requirement that certain activities may not be undertaken in environmental protection zones or areas of particular historical or artistic interest) apply in any case to investors of the other Party, even if not listed.

4. In accordance with Article 159, paragraph 3 of this Agreement, the list below does not include measures relating to subsidies granted by the Parties.

5. In accordance with Article 164 of this Agreement, the list below does not include non-discriminatory requirements relating to the types of legal form of an establishment.

6. The rights and obligations arising from this list of commitments shall have no self-executing effect and, consequently, shall not confer rights directly on individual natural or legal persons.

7. The following abbreviations are used in the list below:

AT Austria BE Belgium BG Bulgaria CY Cyprus CZ Czechia DE Germany DK Denmark EU EU Party ES Spain EE Estonia FI Finland FR France EL Greece HU Hungary IE Ireland IT Italy LV Latvia LT Lithuania LU Luxembourg MT Malta NL Netherlands PL Poland PT Portugal RO Romania SK Slovakia SI Slovenia SE Sweden UK United Kingdom (Note from Sinalevi: By means of section 23) sub-section a) of the annex to International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Paragraph 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019", it was agreed to indicate that throughout Section A, commitments corresponding to specific countries that are not party to this Agreement are not incorporated into the aforementioned Agreement) Lists of commitments on establishment

REPUBLICS OF THE CA PARTY COSTA RICA 1. The list of commitments below indicates the economic activities committed under Article 166 of this Agreement and, through reservations, the market access and national treatment limitations, conditions and qualifications applicable to establishments and investors of the EU Party in those activities. The list consists of the following elements:

  • a)A first column indicating the economic activities in which the Party assumes the commitment and the scope of application to which the reservations apply; b) A second column describing the applicable reservations.

2. For the purposes of this list, the term "none" indicates economic activities that have no limitations, conditions or qualifications regarding national treatment or market access. The term "unbound" indicates that no commitments on national treatment or market access have been made.

For greater certainty, the absence of specific reservations in a particular economic activity shall not affect any horizontal reservations that may apply.

3. Economic activities not listed in the following list are not committed.

4. For the purposes of identifying the different economic activities:

  • a)ISIC rev. 3.1 means the International Standard Industrial Classification of All Economic Activities as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 4, ISIC rev. 3.1, 2002.
  • b)CPC means the Central Product Classification as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 77, CPC prov., 1991.
  • c)CPC ver. 1.0 means the Central Product Classification as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 77, CPC ver. 1.0, 1998.

5. The list below does not include measures relating to qualification requirements and procedures, technical standards and licensing requirements (including any concession, permit, registration and other type of authorization) and procedures when they do not constitute a limitation on national treatment or market access, conditions and qualifications within the meaning of Articles 164 and 165 of this Agreement. Such measures (for example, the need to obtain a license, universal service obligations, the need to obtain recognition of qualifications in regulated sectors, the need to pass specific examinations, including language examinations, the non-discriminatory requirement that certain activities may not be undertaken in environmental protection zones or areas of particular historical or artistic interest) apply in any case to investors of the EU Party, even if not listed.

6. In accordance with Article 159, paragraph 3, of this Agreement, the list below does not include measures relating to subsidies granted by the Parties.

7. In accordance with Article 164 of this Agreement, the list below does not include non-discriminatory requirements relating to the types of legal form of an establishment.

8. The rights and obligations arising from this list of commitments shall not have direct effect and, therefore, do not confer rights directly on individual natural or legal persons.

EL SALVADOR 1. The list of commitments below indicates the economic activities committed under Article 166 of this Agreement and, through reservations, the market access and national treatment limitations, conditions and qualifications applicable to establishments and investors of the EU Party in those activities. The list consists of the following elements:

  • a)A first column indicating the economic activities in which the Party assumes the commitment and the scope of application to which the reservations apply; b) A second column describing the applicable reservations.

2. For the purposes of this list, the term "none" indicates economic activities that have no limitations, conditions or qualifications regarding national treatment or market access. The term "unbound" indicates that no commitments on national treatment or market access have been made.

For greater certainty, the absence of specific reservations in a particular economic activity shall not affect any horizontal reservations that may apply.

3. Economic activities not listed in the following list are not committed.

4. For the purposes of identifying the different economic activities:

  • a)ISIC rev. 3.1 means the International Standard Industrial Classification of All Economic Activities as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 4, ISIC rev. 3.1, 2002.
  • b)CPC means the Central Product Classification as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 77, CPC prov., 1991.
  • c)CPC ver. 1.0 means the Central Product Classification as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 77, CPC ver. 1.0, 1998.

5. The list below does not include measures relating to qualification requirements and procedures, technical standards and licensing requirements (including any concession, permit, registration and other type of authorization) and procedures when they do not constitute a limitation on national treatment or market access, conditions and qualifications within the meaning of Articles 164 and 165 of this Agreement. Such measures (for example, the need to obtain a license, universal service obligations, the need to obtain recognition of qualifications in regulated sectors, the need to pass specific examinations, including language examinations, the non-discriminatory requirement that certain activities may not be undertaken in environmental protection zones or areas of particular historical or artistic interest) apply in any case to investors of the EU Party, even if not listed.

6. In accordance with Article 159, paragraph 3, of this Agreement, the list below does not include measures relating to subsidies granted by the Parties.

7. In accordance with Article 164 of this Agreement, the list below does not include non-discriminatory requirements relating to the types of legal form of an establishment.

8. The rights and obligations arising from this list of commitments shall not have direct effect and, therefore, do not confer rights directly on individual natural or legal persons.

Horizontal Commitments 1. The airspace, the subsoil and the corresponding continental and insular shelf are the property of El Salvador. The State may grant a concession for the exploitation of the subsoil.

2. A foreign person cannot be the owner of rural real estate, including a branch of a foreign person, if the person is a national of a country or is incorporated in accordance with the laws of a country, which does not permit Salvadoran nationals to be owners of rural real estate, except when it concerns land for industrial establishments.

3. A company incorporated in accordance with Salvadoran law, whose majority capital is owned by foreign persons, or whose partners are mostly foreigners, is subject to the preceding paragraph.

4. Only the following persons may engage in small-scale commerce, industry, and the provision of services in El Salvador:

  • a)Salvadoran nationals born in El Salvador; and b) Nationals of Costa Rica, Guatemala, Honduras, and Nicaragua.

A company incorporated in accordance with Salvadoran law, whose majority capital is foreign-owned, or whose partners are mostly foreigners, cannot establish a small enterprise to engage in small-scale commerce, industry, and the provision of services.

For the purposes of this section, a small enterprise is considered to be one with a capitalization not exceeding 200,000 United States dollars.

5. In cooperative production associations, at least seventy-five percent of the members must be Salvadoran persons. The branch of a company not incorporated in accordance with Salvadoran law is not considered a Salvadoran person.

For greater certainty, the objective of a cooperative production association is to provide certain benefits to its members regarding distribution, sales, administration, and technical assistance. Its functions are not only economic, but also social.

6. Every employer is obliged to staff its company with at least ninety percent Salvadorans. In special circumstances, the Ministry of Labor and Social Welfare may authorize the employment of more foreigners, when it is difficult or impossible to replace them with nationals, although employers remain subject to the obligation to train Salvadoran personnel, under the supervision and control of said Ministry, within a period not exceeding five years. The amount of wages earned by Salvadorans cannot represent less than eighty-five percent of the total wages. This percentage may be modified with prior authorization from the aforementioned Ministry[309].

309 For greater certainty, this clause applies to foreign workers under an employment relationship and without prejudice to the commitments undertaken by El Salvador under Chapter 4 (Temporary Entry of Natural Persons for Business Purposes).

7. El Salvador reserves the right to adopt or maintain any measure that grants rights or preferences to socially or economically disadvantaged minorities.

8. El Salvador reserves the right to adopt or maintain any measure relating to the enforcement of legislation and social rehabilitation services and social rehabilitation services as well as the following services, to the extent that they are social services established or maintained for reasons of public interest.

9. Nothing in this Agreement, nor in this list of specific commitments, shall be construed to require the privatization of public enterprises or public utility services provided in the exercise of governmental authority.

10. Market access and national treatment limitations, maintained at the local government level, are bound, even if not listed. Such limitations shall not be construed as nullifying the commitments undertaken by El Salvador in the Chapter on Government Procurement.

11. El Salvador may require a concession, authorization, license, permit, or other requirements as a non-discriminatory condition for conducting an economic activity or providing a service.

12. For the purposes of this list, legal persons incorporated in accordance with Salvadoran law and having their legal domicile in the country are considered Salvadoran. The legislation and regulations established in favor of Salvadorans shall be applicable to Salvadoran legal persons whose partners or capital are mostly foreign.

13. Economic activities considered as public utilities may be subject to public monopolies or exclusive rights granted to natural or legal persons, public or private.

14. Article 164 of this Agreement refers to non-discriminatory measures.

15. Market Access in sectors other than services is unbound. Any more favorable commitment on market access in sectors other than services within the meaning of Article 164 of this Agreement, resulting from an international agreement, shall constitute a commitment derived from this Agreement as of the date of entry into force of that Agreement.

GUATEMALA 1. The list of commitments below indicates the economic activities committed under Article 166 of this Agreement and, through reservations, the market access and national treatment limitations, conditions and qualifications applicable to establishments and investors of the EU Party in those activities. The list consists of the following elements:

  • a)A first column indicating the economic activities in which the Party assumes the commitment and the scope of application to which the reservations apply; b) A second column describing the applicable reservations.

2. For the purposes of this list, the term "none" indicates economic activities that have no limitations, conditions or qualifications regarding national treatment or market access. The term "unbound" indicates that no commitments on national treatment or market access have been made.

For greater certainty, the absence of specific reservations in a particular economic activity shall not affect any horizontal reservations that may apply.

3. Economic activities not listed in the following list are not committed.

4. For the purposes of identifying the different economic activities:

  • a)ISIC rev. 3.1 means the International Standard Industrial Classification of All Economic Activities as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 4, ISIC rev. 3.1, 2002.
  • b)CPC means the Central Product Classification as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 77, CPC prov., 1991.
  • c)CPC ver. 1.0 means the Central Product Classification as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 77, CPC ver. 1.0, 1998.

5. The list below does not include measures relating to qualification requirements and procedures, technical standards and licensing requirements (including any concession, permit, registration and other type of authorization) and procedures when they do not constitute a limitation on national treatment or market access, conditions and qualifications within the meaning of Articles 164 and 165 of this Agreement. Such measures (for example, the need to obtain a license, universal service obligations, the need to obtain recognition of qualifications in regulated sectors, the need to pass specific examinations, including language examinations, the non-discriminatory requirement that certain activities may not be undertaken in environmental protection zones or areas of particular historical or artistic interest) apply in any case to investors of the EU Party, even if not listed.

6. In accordance with Article 159, paragraph 3, of this Agreement, the list below does not include measures relating to subsidies granted by the Parties.

7. In accordance with Article 164 of this Agreement, the list below does not include non-discriminatory requirements relating to the types of legal form of an establishment.

8. The rights and obligations arising from this list of commitments shall not have direct effect and, therefore, do not confer rights directly on individual natural or legal persons.

HONDURAS 1. The list of commitments below indicates the economic activities committed under Article 166 of this Agreement and, through reservations, the market access and national treatment limitations, conditions and qualifications applicable to establishments and investors of the EU Party in those activities. The list consists of the following elements:

  • a)A first column indicating the economic activities in which the Party assumes the commitment and the scope of application to which the reservations apply; b) A second column describing the applicable reservations.

2. For the purposes of this list, the term "none" indicates economic activities that have no limitations, conditions or qualifications regarding national treatment or market access. The term "unbound" indicates that no commitments on national treatment or market access have been made.

For greater certainty, the absence of specific reservations in a particular economic activity shall not affect any horizontal reservations that may apply.

3. Economic activities not listed in the following list are not committed.

4. For the purposes of identifying the different economic activities:

  • a)ISIC rev. 3.1 means the International Standard Industrial Classification of All Economic Activities as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 4, ISIC rev. 3.1, 2002.
  • b)CPC means the Central Product Classification as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 77, CPC prov. 1991.
  • c)CPC ver. 1.0 means the Central Product Classification as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 77, CPC ver. 1.0, 1998.

5. The list below does not include measures relating to qualification requirements and procedures, technical standards and licensing requirements (including any concession, permit, registration and other type of authorization) and procedures when they do not constitute a limitation on national treatment or market access, conditions and qualifications within the meaning of Articles 164 and 165 of this Agreement. Such measures (for example, the need to obtain a license, universal service obligations, the need to obtain recognition of qualifications in regulated sectors, the need to pass specific examinations, including language examinations, the non-discriminatory requirement that certain activities may not be undertaken in environmental protection zones or areas of particular historical or artistic interest) apply in any case to investors of the EU Party, even if not listed.

6. In accordance with Article 159, paragraph 3, of this Agreement, the list below does not include measures relating to subsidies granted by the Parties.

7. In accordance with Article 164 of this Agreement, the list below does not include non-discriminatory requirements relating to the types of legal form of an establishment.

8. The rights and obligations arising from this list of commitments shall not have direct effect and, therefore, do not confer rights directly on individual natural or legal persons.

NICARAGUA 1. The list of commitments below indicates the economic activities committed under Article 166 of this Agreement and, through reservations, the market access and national treatment limitations, conditions and qualifications applicable to establishments and investors of the EU Party in those activities. The list consists of the following elements:

  • a)A first column indicating the economic activities in which the Party assumes the commitment and the scope of application to which the reservations apply; b) A second column describing the applicable reservations.

2. For the purposes of this list, the term "none" indicates economic activities that have no limitations, conditions or qualifications regarding national treatment or market access. The term "unbound" indicates that no commitments on national treatment or market access have been made.

For greater certainty, the absence of specific reservations in a particular economic activity shall not affect any horizontal reservations that may apply.

3. Economic activities not listed in the following list are not committed.

4. For the purposes of identifying the different economic activities:

  • a)ISIC rev. 3.1 means the International Standard Industrial Classification of All Economic Activities as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 4, ISIC rev. 3.1, 2002.
  • b)CPC means the Central Product Classification as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 77, CPC prov., 1991.
  • c)CPC ver. 1.0 means the Central Product Classification as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 77, CPC ver. 1.0, 1998.

5. The list below does not include measures relating to qualification requirements and procedures, technical standards and licensing requirements (including any concession, permit, registration and other type of authorization) and procedures when they do not constitute a limitation on national treatment or market access, conditions and qualifications within the meaning of Articles 164 and 165 of this Agreement. Such measures (for example, the need to obtain a license, universal service obligations, the need to obtain recognition of qualifications in regulated sectors, the need to pass specific examinations, including language examinations, the non-discriminatory requirement that certain activities may not be undertaken in environmental protection zones or areas of particular historical or artistic interest) apply in any case to investors of the EU Party, even if not listed.

6. In accordance with Article 159, paragraph 3, of this Agreement, the list below does not include measures relating to subsidies granted by the Parties.

7. In accordance with Article 164 of this Agreement, the list below does not include non-discriminatory requirements relating to the types of legal form of an establishment.

8. The rights and obligations arising from this list of commitments shall not have direct effect and, therefore, do not confer rights directly on individual natural or legal persons.

9. The commitments in this list do not imply treatment of EU Party enterprises and investors less favorable than that of the terms, limitations and conditions under the GATS framework.

PANAMÁ 1. The list of commitments below indicates the economic activities committed under Article 166 of this Agreement and, through reservations, the market access and national treatment limitations, conditions and qualifications applicable to establishments and investors of the EU Party in those activities. The list consists of the following elements:

  • a)A first column indicating the economic activities in which the Party assumes the commitment and the scope of application to which the reservations apply; b) A second column describing the applicable reservations.

2. For the purposes of this list, the term "none" indicates economic activities that have no limitations, conditions or qualifications regarding national treatment or market access. The term "unbound" indicates that no commitments on national treatment or market access have been made.

For greater certainty, the absence of specific reservations in a particular economic activity shall not affect any horizontal reservations that may apply.

3. Economic activities not listed in the following list are not committed.

4. For the purposes of identifying the different economic activities:

  • a)ISIC rev. 3.1 means the International Standard Industrial Classification of All Economic Activities as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 4, ISIC rev. 3.1, 2002.
  • b)CPC means the Central Product Classification as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 77, CPC prov., 1991.
  • c)CPC ver. 1.0 means the Central Product Classification as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 77, CPC ver. 1.0, 1998.

5. The list below does not include measures relating to qualification requirements and procedures, technical standards and licensing requirements (including any concession, permit, registration and other type of authorization) and procedures when they do not constitute a limitation on national treatment or market access, conditions and qualifications within the meaning of Articles 164 and 165 of this Agreement. Such measures (for example, the need to obtain a license, universal service obligations, the need to obtain recognition of qualifications in regulated sectors, the need to pass specific examinations, including language examinations, the non-discriminatory requirement that certain activities may not be undertaken in environmental protection zones or areas of particular historical or artistic interest) apply in any case to investors of the EU Party, even if not listed.

6. In accordance with Article 159, paragraph 3, of this Agreement, the list below does not include measures relating to subsidies granted by the Parties.

7. In accordance with Article 164 of this Agreement, the list below does not include non-discriminatory requirements relating to the types of legal form of an establishment.

8. The rights and obligations arising from this list of commitments shall not have direct effect and, therefore, do not confer rights directly on individual natural or legal persons.

LISTS OF COMMITMENTS ON CROSS-BORDER SUPPLY OF SERVICES

EU PARTY (*) (Note from Sinalevi: By means of section 24) sub-section a) of the annex to International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama on Paragraph 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019", it was agreed to establish that throughout Section A, commitments corresponding to specific countries that are not party to this Agreement are not incorporated into the aforementioned Agreement) 1. The list of commitments below indicates the service sectors liberalized under Article 172 of this Agreement, and, through reservations, the market access and national treatment limitations applicable to services and service providers of the Republics of the CA Party in those sectors. The list consists of the following elements:

  • a)A first column indicating the sector or subsector in which the Party assumes the commitment and the scope of liberalization to which the reservations apply.
  • b)A second column describing the applicable reservations.

When the column referred to in (b) only includes reservations for specific Member States, the Member States not mentioned therein assume commitments in the sector concerned without reservations (N.B. the absence of specific reservations for Member States in a given sector is without prejudice to horizontal reservations or sector-wide EU reservations that may apply).

(Note by Sinalevi: By means of subsection 24) subparagraph b) of the annex of International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on the 18th of July, 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama regarding Paragraph 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019", it was agreed that in the previous paragraph the words beginning with "When the column" and ending with the words "that may apply)." are not incorporated into this aforementioned Agreement.)

Cross-border supply of services in sectors or subsectors covered by this Agreement not mentioned in the list below is not committed.

2. To identify individual sectors and subsectors:

  • a)CPC means the Central Product Classification as defined by the United Nations Statistical Office, Statistical Reports, Series M, No. 77, CPC prov., 1991.
  • b)CPC ver. 1.0 means the Central Product Classification as defined by the United Nations Statistical Office, Statistical Reports, Series M, No. 77, CPC ver. 1.0, 1998.

3. The list below does not include measures relating to qualification requirements and procedures, technical standards, and licensing requirements and procedures when they do not constitute a limitation on market access or national treatment within the meaning of Articles 170 and 171 of this Agreement.

Such measures (e.g., the need to obtain a license, universal service obligations, the need to obtain recognition of qualifications in regulated sectors, the need to pass specific examinations, including language examinations) apply in any case to service suppliers of the Republics of the CA Party, even if they are not listed.

4. The list below is understood without prejudice to the viability of Mode 1 in certain service sectors and subsectors and without prejudice to the existence of public monopolies and exclusive rights as described in the list of commitments on establishment.

5. In accordance with Article 159, paragraph 3, of this Agreement, the list below does not include measures relating to subsidies granted by the Parties.

6. The rights and obligations arising from this list of commitments shall not have self-executing effect and, consequently, do not directly confer rights on individual natural or legal persons.

Lists of commitments on cross-border supply of services Section A EU Party

REPUBLICS OF THE CA PARTY COSTA RICA 1. The list of commitments below indicates the sectors or subsectors committed under Article 172 of this Agreement and, by means of reservations, the limitations on market access and national treatment, the conditions and qualifications applicable to the services and service suppliers of the EU Party in said sectors or subsectors. The list consists of the following elements:

  • a)A first column indicates the service sector or subsector in which the Party undertakes the commitment and the scope to which the reservations apply.
  • b)A second column describes the applicable reservations.

2. For the purposes of this list, the term "none" indicates the service sector or subsector that has no limitations, conditions, or qualifications with respect to national treatment or market access. The term "unbound" indicates that no commitments on national treatment or market access have been undertaken.

For greater certainty, the absence of specific reservations in a given service sector or subsector shall not affect the horizontal reservations that apply.

3. The cross-border supply of services in sectors or subsectors not mentioned in the list below is not committed.

4. To identify the different sectors and subsectors:

  • a)CPC means the Central Product Classification as set out in the United Nations Statistical Office, Statistical Reports, Series M, No. 77, CPC prov., 1991.
  • b)CPC ver. 1.0 means the Central Product Classification as established in the United Nations Statistical Office, Statistical Reports, Series M, No. 77, CPC ver. 1.0, 1998.

5. The list below does not include measures relating to qualification requirements and procedures, technical standards, and requirements (including any concession, permit, registration, and authorization of another type) and procedures when they do not constitute a limitation on market access or national treatment, conditions and qualifications within the meaning of Articles 170 and 171 of this Agreement. Such measures (e.g., the need to obtain a license, universal service obligations, the need to obtain recognition of qualifications in regulated sectors or to pass specific examinations, including language examinations) apply in any case to the services and service suppliers of the EU Party, even if they are not listed.

6. The list below is understood without prejudice to the viability of Mode 1 in certain service sectors and subsectors and without prejudice to the existence of public monopolies and exclusive rights as described in the list of commitments on establishment.

7. In accordance with Article 159, paragraph 3, of this Agreement, the list below does not include measures relating to subsidies granted by the Parties.

8. The rights and obligations arising from this list of commitments shall not have self-executing effect and, consequently, do not directly confer rights on individual natural or legal persons.

EL SALVADOR 1. The list of commitments below indicates the sectors or subsectors committed under Article 172 of this Agreement and, by means of reservations, the limitations on market access and national treatment, the conditions and qualifications applicable to the services and service suppliers of the EU Party in said sectors or subsectors. The list consists of the following elements:

  • a)A first column indicates the service sector or subsector in which the Party undertakes the commitment and the scope to which the reservations apply.
  • b)A second column describes the applicable reservations.

2. For the purposes of this list, the term "none" indicates the service sector or subsector that has no limitations, conditions, or qualifications with respect to national treatment or market access. The term "unbound" indicates that no commitments on national treatment or market access have been undertaken.

For greater certainty, the absence of specific reservations in a given service sector or subsector shall not affect the horizontal reservations that apply.

3. The cross-border supply of services in sectors or subsectors not mentioned in the list below is not committed.

4. To identify the different sectors and subsectors:

  • a)CPC means the Central Product Classification as set out in the United Nations Statistical Office, Statistical Reports, Series M, No. 77, CPC prov. 1991.
  • b)CPC ver. 1.0 means the Central Product Classification as established in the United Nations Statistical Office, Statistical Reports, Series M, No. 77, CPC ver. 1.0, 1998.

5. The list below does not include measures relating to qualification requirements and procedures, technical standards, and requirements (including any concession, permit, registration, and authorization of another type) and procedures when they do not constitute a limitation on market access or national treatment, conditions and qualifications within the meaning of Articles 170 and 171 of this Agreement. Such measures (e.g., the need to obtain a license, universal service obligations, the need to obtain recognition of qualifications in regulated sectors or to pass specific examinations, including language examinations) apply in any case to the services and service suppliers of the EU Party, even if they are not listed.

6. The list below is understood without prejudice to the viability of Mode 1 in certain service sectors and subsectors and without prejudice to the existence of public monopolies and exclusive rights as described in the list of commitments on establishment.

7. In accordance with Article 159, paragraph 3, of this Agreement, the list below does not include measures relating to subsidies granted by the Parties.

8. The rights and obligations arising from this list of commitments shall not have legal effects (*) and, consequently, do not directly confer rights on individual natural or legal persons.

(*)(By means of International Treaty No. 9154 "Agreement establishing an Association between Central America and the European Union and its Member States, of July 3, 2013, the member countries agreed that where it says the phrase "... shall not have legal effects... " it should say "... shall not have self-executing effect...")

GUATEMALA 1. The list of commitments below indicates the sectors or subsectors committed under Article 172 of this Agreement and, by means of reservations, the limitations on market access and national treatment, the conditions and qualifications applicable to the services and service suppliers of the EU Party in said sectors or subsectors. The list consists of the following elements:

  • a)A first column indicates the service sector or subsector in which the Party undertakes the commitment and the scope to which the reservations apply.
  • b)A second column describes the applicable reservations.

2. For the purposes of this list, the term "none" indicates the service sector or subsector that has no limitations, conditions, or qualifications with respect to national treatment or market access. The term "unbound" indicates that no commitments on national treatment or market access have been undertaken.

For greater certainty, the absence of specific reservations in a given service sector or subsector shall not affect the horizontal reservations that apply.

3. The cross-border supply of services in sectors or subsectors not mentioned in the list below is not committed.

4. To identify the different sectors and subsectors:

  • a)CPC means the Central Product Classification as set out in the United Nations Statistical Office, Statistical Reports, Series M, No. 77, CPC prov. 1991.
  • b)CPC ver. 1.0 means the Central Product Classification as established in the United Nations Statistical Office, Statistical Reports, Series M, No. 77, CPC ver. 1.0, 1998.

5. The list below does not include measures relating to qualification requirements and procedures, technical standards, and requirements (including any concession, permit, registration, and authorization of another type) and procedures when they do not constitute a limitation on market access or national treatment, conditions and qualifications within the meaning of Articles 170 and 171 of this Agreement. Such measures (e.g., the need to obtain a license, universal service obligations, the need to obtain recognition of qualifications in regulated sectors or to pass specific examinations, including language examinations) apply in any case to the services and service suppliers of the EU Party, even if they are not listed.

6. The list below is understood without prejudice to the viability of Mode 1 in certain service sectors and subsectors and without prejudice to the existence of public monopolies and exclusive rights as described in the list of commitments on establishment.

7. In accordance with Article 159, paragraph 3, of this Agreement, the list below does not include measures relating to subsidies granted by the Parties.

8. The rights and obligations arising from this list of commitments shall not have self-executing effect and, consequently, do not directly confer rights on individual natural or legal persons.

HONDURAS 1. The list of commitments below indicates the sectors or subsectors committed under Article 172 of this Agreement and, by means of reservations, the limitations on market access and national treatment, the conditions and qualifications applicable to the services and service suppliers of the EU Party in said sectors or subsectors. The list consists of the following elements:

  • a)A first column indicates the service sector or subsector in which the Party undertakes the commitment and the scope to which the reservations apply.
  • b)A second column describes the applicable reservations.

2. For the purposes of this list, the term "none" indicates the service sector or subsector that has no limitations, conditions, or qualifications with respect to national treatment or market access. The term "unbound" indicates that no commitments on national treatment or market access have been undertaken.

For greater certainty, the absence of specific reservations in a given service sector or subsector shall not affect the horizontal reservations that apply.

3. The cross-border supply of services in sectors or subsectors not mentioned in the list below is not committed.

4. To identify the different sectors and subsectors:

  • a)CPC means the Central Product Classification as set out in the United Nations Statistical Office, Statistical Reports, Series M, No. 77, CPC prov.1991.
  • b)CPC ver. 1.0 means the Central Product Classification as established in the United Nations Statistical Office, Statistical Reports, Series M, No. 77, CPC ver. 1.0, 1998.

5. The list below does not include measures relating to qualification requirements and procedures, technical standards, and requirements (including any concession, permit, registration, and authorization of another type) and procedures when they do not constitute a limitation on market access or national treatment, conditions and qualifications within the meaning of Articles 170 and 171 of this Agreement. Such measures (e.g., the need to obtain a license, universal service obligations, the need to obtain recognition of qualifications in regulated sectors or to pass specific examinations, including language examinations) apply in any case to the services and service suppliers of the EU Party, even if they are not listed.

6. The list below is understood without prejudice to the viability of Mode 1 in certain service sectors and subsectors and without prejudice to the existence of public monopolies and exclusive rights as described in the list of commitments on establishment.

7. In accordance with Article 159, paragraph 3, of this Agreement, the list below does not include measures relating to subsidies granted by the Parties.

8. The rights and obligations arising from this list of commitments shall not have self-executing effect and, consequently, do not directly confer rights on individual natural or legal persons.

NICARAGUA 1. The list of commitments below indicates the sectors or subsectors committed under Article 172 of this Agreement and, by means of reservations, the limitations on market access and national treatment, the conditions and qualifications applicable to the services and service suppliers of the EU Party in said sectors or subsectors. The list consists of the following elements:

  • a)A first column indicates the service sector or subsector in which the Party undertakes the commitment and the scope to which the reservations apply.
  • b)A second column describes the applicable reservations.

2. For the purposes of this list, the term "none" indicates the service sector or subsector that has no limitations, conditions, or qualifications with respect to national treatment or market access. The term "unbound" indicates that no commitments on national treatment or market access have been undertaken.

For greater certainty, the absence of specific reservations in a given service sector or subsector shall not affect the horizontal reservations that apply.

3. The cross-border supply of services in sectors or subsectors not mentioned in the list below is not committed.

4. To identify the different sectors and subsectors:

  • a)CPC means the Central Product Classification as set out in the United Nations Statistical Office, Statistical Reports, Series M, No. 77, CPC prov.1991.
  • b)CPC ver. 1.0 means the Central Product Classification as established in the United Nations Statistical Office, Statistical Reports, Series M, No. 77, CPC ver. 1.0, 1998.

5. The list below does not include measures relating to qualification requirements and procedures, technical standards, and requirements (including any concession, permit, registration, and authorization of another type) and procedures when they do not constitute a limitation on market access or national treatment, conditions and qualifications within the meaning of Articles 170 and 171 of this Agreement. Such measures (e.g., the need to obtain a license, universal service obligations, the need to obtain recognition of qualifications in regulated sectors or to pass specific examinations, including language examinations) apply in any case to the services and service suppliers of the EU Party, even if they are not listed.

6. The list below is understood without prejudice to the viability of Mode 1 in certain service sectors and subsectors and without prejudice to the existence of public monopolies and exclusive rights as described in the list of commitments on establishment.

7. In accordance with Article 159, paragraph 3, of this Agreement, the list below does not include measures relating to subsidies granted by the Parties.

8. The rights and obligations arising from this list of commitments shall not have legal effects (*) and, consequently, do not directly confer rights on individual natural or legal persons.

(*)(By means of International Treaty No. 9154 "Agreement establishing an Association between Central America and the European Union and its Member States, of July 3, 2013, the member countries agreed that where it says the phrase "... shall not have legal effects... " it should say "... shall not have self-executing effect...") 9. The commitments in this list do not imply treatment of the services and service suppliers of the EU Party less favorable than that under the terms, limitations, and conditions within the framework of the GATS.

PANAMÁ 1. The list of commitments below indicates the sectors or subsectors committed under Article 172 of this Agreement and, by means of reservations, the limitations on market access and national treatment, the conditions and qualifications applicable to the services and service suppliers of the EU Party in said sectors or subsectors. The list consists of the following elements:

  • a)A first column indicates the service sector or subsector in which the Party undertakes the commitment and the scope to which the reservations apply.
  • b)A second column describes the applicable reservations.

2. For the purposes of this list, the term "none" indicates the service sector or subsector that has no limitations, conditions, or qualifications with respect to national treatment or market access. The term "unbound" indicates that no commitments on national treatment or market access have been undertaken.

For greater certainty, the absence of specific reservations in a given service sector or subsector shall not affect the horizontal reservations that apply.

3. The cross-border supply of services in sectors or subsectors not mentioned in the list below is not committed.

4. To identify the different sectors and subsectors:

  • a)CPC means the Central Product Classification as set out in the United Nations Statistical Office, Statistical Reports, Series M, No. 77, CPC prov., 1991.
  • b)CPC ver. 1.0 means the Central Product Classification as established in the United Nations Statistical Office, Statistical Reports, Series M, No. 77, CPC ver. 1.0, 1998.

5. The list below does not include measures relating to qualification requirements and procedures, technical standards, and requirements (including any concession, permit, registration, and authorization of another type) and procedures when they do not constitute a limitation on market access or national treatment, conditions and qualifications within the meaning of Articles 170 and 171 of this Agreement. Such measures (e.g., the need to obtain a license, universal service obligations, the need to obtain recognition of qualifications in regulated sectors or to pass specific examinations, including language examinations) apply in any case to the services and service suppliers of the EU Party, even if they are not listed.

6. The list below is understood without prejudice to the viability of Mode 1 in certain service sectors and subsectors and without prejudice to the existence of public monopolies and exclusive rights as described in the list of commitments on establishment.

7. In accordance with Article 159, paragraph 3, of this Agreement, the list below does not include measures relating to subsidies granted by the Parties.

8. The rights and obligations arising from this list of commitments shall not have legal effects (*) and, consequently, do not directly confer rights on individual natural or legal persons.

(*)(By means of International Treaty No. 9154 "Agreement establishing an Association between Central America and the European Union and its Member States, of July 3, 2013, the member countries agreed that where it says the phrase "... shall not have legal effects... " it should say "... shall not have self-executing effect...")

RESERVATIONS ON KEY PERSONNEL AND GRADUATE TRAINEES OF THE EU PARTY 1. The list of reservations below indicates the economic activities liberalized under Article 166 of this Agreement for which limitations on key personnel and graduate trainees apply, in accordance with Article 174 of this Agreement, and specifies said limitations. The lists consist of the following elements:

(a) A first column indicating the sector or subsector in which such limitations apply.

(b) A second column describing the applicable limitations.

When the column referred to in (b) only includes reservations for specific Member States, the Member States not mentioned therein undertake commitments in the sector without reservations (N.B. the absence of specific reservations for Member States in a given sector is without prejudice to the horizontal reservations or the EU-wide sectoral reservations that may apply).

(Note by Sinalevi: By means of subsection 25) subparagraph b) of the annex of International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on the 18th of July, 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama regarding Paragraph 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019", it was agreed that in the previous paragraph the words beginning with "When the column" and ending with the words "that may apply)." are not incorporated into this aforementioned Agreement.)

The European Union and its Member States do not undertake any commitment on key personnel and graduate trainees in economic activities that are not liberalized (remain unbound) under Article 166 of this Agreement.

2. To identify individual sectors and subsectors:

  • a)ISIC rev.3.1 means the International Standard Industrial Classification of All Economic Activities as defined by the United Nations Statistical Office, Statistical Reports, Series M, No. 4, ISIC rev. 3.1, 2002.
  • b)CPC means the Central Product Classification as defined by the United Nations Statistical Office, Statistical Reports, Series M, No. 77, CPC prov., 1991.
  • c)CPC ver. 1.0 means the Central Product Classification as defined by the United Nations Statistical Office, Statistical Reports, Series M, No. 77, CPC ver. 1.0, 1998.

3. Commitments with respect to key personnel and graduate trainees do not apply in cases where the objective or consequence of their temporary presence is to interfere with, or otherwise affect, the outcome of any labor dispute or negotiation or its management.

4. The list below does not include measures relating to qualification requirements and procedures, technical standards, and licensing requirements and procedures when they do not constitute a reservation within the meaning of Article 174 of this Agreement. Such measures (such as the need to obtain a license, the need to obtain recognition of qualifications in regulated sectors, the need to pass specific examinations, including language examinations, the need to have a legal domicile in the territory where the economic activity is performed), although not listed, apply in any case to key personnel and graduate trainees of the other Party.

5. In accordance with Article 159, paragraph 3, of this Agreement, the list below does not include measures relating to subsidies granted by the Parties.

6. All other requirements of the laws and regulations of the EU Party regarding measures on entry, stay, work, and social security shall continue to apply, including regulations relating to periods of stay, minimum wages, as well as collective wage agreements, even if they are not included in the list below.

7. The list below is understood without prejudice to the existence of public monopolies and exclusive rights as described in the list of commitments on establishment.

8. In sectors where economic needs tests are applied, their main criteria will be the assessment of the relevant market situation in the Member State or region where the service is to be provided, including with respect to the number of existing service suppliers and the impact on them.

9. The rights and obligations arising from this list of reservations shall not have self-executing effect and, consequently, do not directly confer rights on individual natural or legal persons.

Reservations on key personnel and graduate trainees of the EU Party (Note from Sinalevi: By means of subsection 25) sub-paragraph a) of the annex to International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on the 18th day of July 2019; its Annex, its Joint Declarations, and the Understanding reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama regarding Section 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019", it was agreed to establish that throughout Section A, the reservations corresponding to specific countries that are not party to this Agreement are not incorporated into this aforementioned Agreement.)

LISTS OF COMMITMENTS OF THE REPUBLICS OF THE CA PARTY ON KEY PERSONNEL AND GRADUATE TRAINEES COSTA RICA 1. The list of commitments set out below indicates the economic activities and the service sectors and subsectors committed under Article 174, paragraph 2, of this Agreement and the reservations and conditions applicable to key personnel and graduate trainees. The list consists of the following elements:

  • a)A first column indicates the economic activities, the service sectors or subsectors in which the Party undertakes the commitment and the scope of application to which the reservations and conditions apply.
  • b)A second column describes the applicable reservations and conditions.

2. For the purposes of this list, the term "none" indicates the economic activities and the service sectors and subsectors in which there are no specific reservations and conditions, without prejudice to the applicable horizontal reservations and conditions. The term "unbound" indicates that no commitments have been undertaken.

3. Costa Rica undertakes no commitment on key personnel and graduate trainees in economic activities, service sectors or subsectors not mentioned in the list set out below.

4. For the purpose of identifying individual economic activities:

  • a)ISIC rev. 3.1 means the International Standard Industrial Classification of all economic activities as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 4, ISIC rev. 3.1, 2002.
  • b)CPC means the Central Product Classification as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 77, CPC prov., 1991; c) CPC ver. 1.0 means the Central Product Classification as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 77, CPC ver. 1.0, 1998.

5. Commitments regarding key personnel and graduate trainees do not apply in cases where the intent or consequence of their temporary presence is to interfere with, or otherwise affect, the outcome of any labour dispute or negotiation, or its management.

6. The list set out below does not include measures relating to qualification requirements and procedures, technical standards, and licensing requirements (including any concession, permit, registration, and other type of authorization) and procedures when they do not constitute a reservation within the meaning of Article 174 of this Agreement. Such measures (such as the need to obtain a license, the need to obtain recognition of qualifications in regulated sectors, the need to pass specific examinations including language examinations, or the need to have a legal domicile in the territory where the economic activity is carried out), even if not listed, apply in any case to key personnel and graduate trainees of the EU Party.

7. In accordance with Article 159, paragraph 3, of this Agreement, the list set out below does not include measures relating to subsidies granted by the Parties.

8. All other requirements of Costa Rica's laws and regulations regarding entry, presence, work, and social security regime shall continue to apply, including regulations concerning the duration of presence, minimum wages, and collective wage agreements, even if not included in the list set out below.

9. The list set out below is understood without prejudice to the existence of public monopolies and exclusive rights as described in the list of commitments on establishment.

10. In those economic activities where an economic needs test is applied, its main criteria will be the assessment of the relevant market situation or of the region where the service is to be provided, including with respect to the number of existing service providers and the impact on them.

11. The rights and obligations arising from this list of commitments shall have no self-executing effect and, consequently, do not confer rights directly to individual natural or legal persons.

List of Commitments Republic of Costa Rica CA: On key personnel and graduate trainees EL SALVADOR 1. The list of commitments set out below indicates the economic activities and the service sectors and subsectors committed under Article 174, paragraph 2, of this Agreement and the reservations and conditions applicable to key personnel. The list consists of the following elements:

  • a)A first column indicates the economic activities, the service sectors or subsectors in which the Party undertakes the commitment and the scope of application to which the reservations and conditions apply.
  • b)A second column describes the applicable reservations and conditions.

2. For the purposes of this list, the term "none" indicates the economic activities and the service sectors and subsectors in which there are no specific reservations and conditions, without prejudice to the applicable horizontal reservations and conditions. The term "unbound" indicates that no commitments have been undertaken.

3. El Salvador undertakes no commitment on key personnel in economic activities, service sectors or subsectors not mentioned in the list set out below.

4. For the purpose of identifying individual economic activities:

  • a)ISIC rev. 3.1 means the International Standard Industrial Classification of all economic activities as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 4, ISIC rev. 3.1, 2002.
  • b)CPC means the Central Product Classification as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 77, CPC prov., 1991; c) CPC ver. 1.0 means the Central Product Classification as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 77, CPC ver. 1.0, 1998.

5. Commitments regarding key personnel do not apply in cases where the intent or consequence of their temporary presence is to interfere with, or otherwise affect, the outcome of any labour dispute or negotiation, or its management.

6. The list set out below does not include measures relating to qualification requirements and procedures, technical standards, and licensing requirements (including any concession, permit, registration, and other type of authorization) and procedures, nor measures relating to employment and working conditions and social security when they do not constitute a reservation within the meaning of Article 174 of this Agreement. Such measures (such as the need to obtain a license, the need to obtain recognition of qualifications in regulated sectors, the need to pass specific examinations including language examinations, or the need to have a legal domicile in the territory where the economic activity is carried out, the need to comply with national regulations and practices on minimum wages and collective wage agreements in the host country), apply in any case to key personnel and graduate trainees of the EU Party, even if they do not appear in the list.

7. In accordance with Article 159, paragraph 3, of this Agreement, the list set out below does not include measures relating to subsidies granted by the Parties.

8. All other requirements of El Salvador's laws and regulations regarding entry, presence, work, and social security regime shall continue to apply, including regulations concerning the duration of presence, minimum wages, and collective wage agreements, even if not included in the list set out below.

9. The list set out below is understood without prejudice to the existence of public monopolies and exclusive rights as described in the list of commitments on establishment.

10. In those economic activities where an economic needs test is applied, its main criteria will be the assessment of the relevant market situation or of the region where the service is to be provided, including with respect to the number of existing service providers and the impact on them.

11. The rights and obligations arising from this list of commitments shall have no legal effects(*) and, consequently, do not confer rights directly to individual natural or legal persons.

(*)(By means of International Treaty No. 9154 "Agreement establishing an Association between Central America and the European Union and its Member States", of July 3, 2013, the member countries agreed that where it says the phrase "... shall have no legal effects... " it shall read "... shall have no self-executing effect...") List of Commitments Republic of El Salvador CA Party on key personnel and graduate trainees GUATEMALA 1. The list of commitments set out below indicates the economic activities and the service sectors and subsectors committed under Article 174, paragraph 2, of this Agreement and the reservations and conditions applicable to key personnel and graduate trainees. The list consists of the following elements:

  • a)A first column indicates the economic activities, the service sectors or subsectors in which the Party undertakes the commitment and the scope of application to which the reservations and conditions apply.
  • b)A second column describes the applicable reservations and conditions.

2. For the purposes of this list, the term "none" indicates the economic activities and the service sectors and subsectors in which there are no specific reservations and conditions, without prejudice to the applicable horizontal reservations and conditions. The term "unbound" indicates that no commitments have been undertaken.

3. Guatemala undertakes no commitment on key personnel and graduate trainees in economic activities, service sectors or subsectors not mentioned in the list set out below.

4. For the purpose of identifying individual economic activities:

  • a)ISIC rev. 3.1 means the International Standard Industrial Classification of all economic activities as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 4, ISIC rev. 3.1, 2002.
  • b)CPC means the Central Product Classification as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 77, CPC prov., 1991; c) CPC ver. 1.0 means the Central Product Classification as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 77, CPC ver. 1.0, 1998.

5. Commitments regarding key personnel and graduate trainees do not apply in cases where the intent or consequence of their temporary presence is to interfere with, or otherwise affect, the outcome of any labour dispute or negotiation, or its management.

6. The list set out below does not include measures relating to qualification requirements and procedures, technical standards, and licensing requirements (including any concession, permit, registration, and other type of authorization) and procedures, nor measures relating to employment and working conditions and social security when they do not constitute a reservation within the meaning of Article 174 of this Agreement. Such measures (such as the need to obtain a license, the need to obtain recognition of qualifications in regulated sectors, the need to pass specific examinations including language examinations, or the need to have a legal domicile in the territory where the economic activity is carried out, the need to comply with national regulations and practices on minimum wages and collective wage agreements in the host country), apply in any case to key personnel and graduate trainees of the EU Party, even if they are not listed.

7. In accordance with Article 159, paragraph 3, of this Agreement, the list set out below does not include measures relating to subsidies granted by the Parties.

8. All other requirements of Guatemala's laws and regulations regarding entry, presence, work, and social security regime shall continue to apply, including regulations concerning the duration of presence, minimum wages, and collective wage agreements, even if not included in the list set out below.

9. The list set out below is understood without prejudice to the existence of public monopolies and exclusive rights as described in the list of commitments on establishment.

10. In those economic activities where an economic needs test is applied, its main criteria will be the assessment of the relevant market situation or of the region where the service is to be provided, including with respect to the number of existing service providers and the impact on them.

11. The rights and obligations arising from this list of commitments shall have no legal effects (*) and, consequently, do not confer rights directly to individual natural or legal persons.

(*)(By means of International Treaty No. 9154 "Agreement establishing an Association between Central America and the European Union and its Member States", of July 3, 2013, the member countries agreed that where it says the phrase "... shall have no legal effects... " it shall read "... shall have no self-executing effect...") List of Commitments Republic of Guatemala CA Party On key personnel and graduate trainees HONDURAS 1. The list of commitments set out below indicates the economic activities and the service sectors and subsectors committed under Article 174, paragraph 2, of this Agreement and the reservations and conditions applicable to key personnel and graduate trainees. The list consists of the following elements:

  • a)A first column indicates the economic activities, the service sectors or subsectors in which the Party undertakes the commitment and the scope of application to which the reservations and conditions apply.
  • b)A second column describes the applicable reservations and conditions.

2. For the purposes of this list, the term "none" indicates the economic activities and the service sectors and subsectors in which there are no specific reservations and conditions, without prejudice to the applicable horizontal reservations and conditions. The term "unbound" indicates that no commitments have been undertaken.

3. Honduras undertakes no commitment on key personnel and graduate trainees in economic activities, service sectors or subsectors not mentioned in the list set out below.

4. For the purpose of identifying individual economic activities:

  • a)ISIC rev. 3.1 means the International Standard Industrial Classification of all economic activities as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 4, ISIC rev. 3.1, 2002.
  • b)CPC means the Central Product Classification as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 77, CPC prov., 1991; c) CPC ver. 1.0 means the Central Product Classification as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 77, CPC ver. 1.0, 1998.

5. Commitments regarding key personnel and graduate trainees do not apply in cases where the intent or consequence of their temporary presence is to interfere with, or otherwise affect, the outcome of any labour dispute or negotiation, or its management.

6. The list set out below does not include measures relating to qualification requirements and procedures, technical standards, and requirements (including any concession, permit, registration, and other type of authorization) and procedures, nor measures relating to employment and working conditions and social security when they do not constitute a reservation within the meaning of Article 174 of this Agreement. Such measures (such as the need to obtain a license, the need to obtain recognition of qualifications in regulated sectors, the need to pass specific examinations including language examinations, or the need to have a legal domicile in the territory where the economic activity is carried out), even if not listed, apply in any case to key personnel and graduate trainees of the EU Party.

7. In accordance with Article 159, paragraph 3, of this Agreement, the list set out below does not include measures relating to subsidies granted by the Parties.

8. All other requirements of Honduras' laws and regulations regarding entry, presence, work, and social security regime shall continue to apply, including regulations concerning the duration of presence, minimum wages, and collective wage agreements, even if not included in the list set out below.

9. The list set out below is understood without prejudice to the existence of public monopolies and exclusive rights as described in the list of commitments on establishment.

10. In those economic activities where an economic needs test is applied, its main criteria will be the assessment of the relevant market situation or of the region where the service is to be provided, including with respect to the number of existing service providers and the impact on them.

11. The rights and obligations arising from this list of commitments shall have no legal effects(*) and, consequently, do not confer rights directly to individual natural or legal persons.

(*)(By means of International Treaty No. 9154 "Agreement establishing an Association between Central America and the European Union and its Member States", of July 3, 2013, the member countries agreed that where it says the phrase "... shall have no legal effects... " it shall read "... shall have no self-executing effect...") List of Commitments Republic of Honduras CA Party On key personnel and graduate trainees NICARAGUA 1. The list of commitments set out below indicates the economic activities and the service sectors and subsectors committed under Article 174, paragraph 2, of this Agreement and the reservations and conditions applicable to key personnel and graduate trainees. The list consists of the following elements:

  • a)A first column indicates the economic activities, the service sectors or subsectors in which the Party undertakes the commitment and the scope of application to which the reservations and conditions apply.
  • b)A second column describes the applicable reservations and conditions.

2. For the purposes of this list, the term "none" indicates the economic activities and the service sectors and subsectors in which there are no specific reservations and conditions, without prejudice to the applicable horizontal reservations and conditions. The term "unbound" indicates that no commitments have been undertaken.

3. Nicaragua undertakes no commitment on key personnel and graduate trainees in economic activities, service sectors or subsectors not mentioned in the list set out below.

4. For the purpose of identifying individual economic activities:

  • a)ISIC rev. 3.1 means the International Standard Industrial Classification of all economic activities as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 4, ISIC rev. 3.1, 2002.
  • b)CPC means the Central Product Classification as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 77, CPC prov., 1991; c) CPC ver. 1.0 means the Central Product Classification as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 77, CPC ver. 1.0, 1998.

5. Commitments regarding key personnel and graduate trainees do not apply in cases where the intent or consequence of their temporary presence is to interfere with, or otherwise affect, the outcome of any labour dispute or negotiation, or its management.

6. The list set out below does not include measures relating to qualification requirements and procedures, technical standards, and licensing requirements (including any concession, permit, registration, and other type of authorization) and procedures when they do not constitute a reservation within the meaning of Article 174 of this Agreement. Such measures (such as the need to obtain a license, the need to obtain recognition of qualifications in regulated sectors, the need to pass specific examinations including language examinations, or the need to have a legal domicile in the territory where the economic activity is carried out), even if not listed, apply in any case to key personnel and graduate trainees of the EU Party.

7. In accordance with Article 159, paragraph 3, of this Agreement, the list set out below does not include measures relating to subsidies granted by the Parties.

8. All other requirements of Nicaragua's laws and regulations regarding entry, presence, work, and social security regime shall continue to apply, including regulations concerning the duration of presence, minimum wages, and collective wage agreements, even if not included in the list set out below.

9. The list set out below is understood without prejudice to the existence of public monopolies and exclusive rights as described in the list of commitments on establishment.

10. In those economic activities where an economic needs test is applied, its main criteria will be the assessment of the relevant market situation or of the region where the service is to be provided, including with respect to the number of existing service providers and the impact on them.

11. The rights and obligations arising from this list of commitments shall have no legal effects (*) and, consequently, do not confer rights directly to individual natural or legal persons.

(*)(By means of International Treaty No. 9154 "Agreement establishing an Association between Central America and the European Union and its Member States", of July 3, 2013, the member countries agreed that where it says the phrase "... shall have no legal effects... " it shall read "... shall have no self-executing effect...") List of Commitments Republic of Nicaragua CA Party On key personnel and graduate trainees PANAMA 1. The list of commitments set out below indicates the economic activities and the service sectors and subsectors committed under Article 174, paragraph 2, of this Agreement and the reservations and conditions applicable to key personnel and graduate trainees. The list consists of the following elements:

  • a)A first column indicates the economic activities, the service sectors or subsectors in which the Party undertakes the commitment and the scope of application to which the reservations and conditions apply.
  • b)A second column describes the applicable reservations and conditions.

2. For the purposes of this list, the term "none" indicates the economic activities and the service sectors and subsectors in which there are no specific reservations and conditions, without prejudice to the applicable horizontal reservations and conditions. The term "unbound" indicates that no commitments have been undertaken.

3. Panama undertakes no commitment on key personnel and graduate trainees in economic activities, service sectors or subsectors not mentioned in the list set out below.

4. For the purpose of identifying individual economic activities:

  • a)ISIC rev. 3.1 means the International Standard Industrial Classification of all economic activities as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 4, ISIC rev. 3.1, 2002.
  • b)CPC means the Central Product Classification as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 77, CPC prov., 1991; c) CPC ver. 1.0 means the Central Product Classification as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 77, CPC ver. 1.0, 1998.

5. Commitments regarding key personnel and graduate trainees do not apply in cases where the intent or consequence of their temporary presence is to interfere with, or otherwise affect, the outcome of any labour dispute or negotiation, or its management.

6. The list set out below does not include measures relating to qualification requirements and procedures, technical standards, and licensing requirements (including any concession, permit, registration, and other type of authorization) and procedures, and measures relating to employment and working conditions and social security when they do not constitute a reservation within the meaning of Articles 174 and 175 of this Agreement. Such measures (for example, the need to obtain a license, the need to obtain recognition of qualifications in regulated sectors, the need to pass specific examinations, including language examinations, the need to have a legal domicile in the territory where the economic activity is carried out, the need to comply with national regulations and practices on minimum wages and collective wage agreements in the host country), even if not listed, apply in any case to key personnel and to graduate trainees on practical internships of the EU Party.

7. In accordance with Article 159, paragraph 3, of this Agreement, the list set out below does not include measures relating to subsidies granted by the Parties.

8. All other requirements of Panama's laws and regulations regarding entry, presence, work, and social security regime shall continue to apply, including regulations concerning the duration of presence, minimum wages, and collective wage agreements, even if not included in the list set out below.

9. The list set out below is understood without prejudice to the existence of public monopolies and exclusive rights as described in the list of commitments on establishment.

10. In those economic activities where an economic needs test is applied, its main criteria will be the assessment of the relevant market situation or of the region where the service is to be provided, including with respect to the number of existing service providers and the impact on them.

11. The rights and obligations arising from this list of commitments shall have no self-executing effect and, consequently, do not confer rights directly to individual natural or legal persons.

List of Commitments Republic of Panama CA Party On key personnel and graduate trainees

LISTS OF COMMITMENTS OF THE REPUBLICS OF THE CA PARTY ON CONTRACTUAL SERVICE SUPPLIERS COSTA RICA 1. The list of commitments set out below indicates the economic activities and the service sectors and subsectors committed under Article 175, paragraph 2, of the Agreement and the reservations and conditions applicable to contractual service suppliers. The list consists of the following elements:

COSTA RICA 1. The schedule of commitments set out below indicates the economic activities and the service sectors and subsectors committed under Article 175, paragraph 2, of this Agreement and the reservations and conditions applicable to business service sellers. The schedule consists of the following elements:

  • a)A first column indicates the economic activities, the service sectors or subsectors in which the Party undertakes the commitment and the scope of application to which the reservations and conditions apply.
  • b)A second column describes the applicable reservations and conditions.

2. For the purposes of this schedule, the term "none" indicates economic activities and service sectors and subsectors in which there are no specific reservations and conditions, without prejudice to the applicable horizontal reservations and conditions. The term "unbound" indicates that no commitments have been undertaken.

3. Costa Rica undertakes no commitment on business service sellers in economic activities, service sectors or subsectors not mentioned in the schedule set out below.

4. To identify the different economic activities, sectors and subsectors:

  • a)ISIC rev. 3.1 (CIIU rev. 3.1) means the International Standard Industrial Classification of all economic activities as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 4, ISIC rev. 3.1, 2002.
  • b)CPC (CCP) means the Central Product Classification as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 77, CPC prov., 1991; c) CPC ver. 1.0 (CCP ver. 1.0) means the Central Product Classification as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 77, CPC ver. 1.0, 1998.

5. The commitments regarding business service sellers do not apply in cases where the objective or the consequence of their temporary presence involves interference with or otherwise affects the outcome of any labour dispute or negotiation, or its management.

6. The schedule set out below does not include measures relating to qualification requirements and procedures, technical standards, and licensing requirements (including any concession, permit, registration, and other type of authorization) and procedures when they do not constitute a reservation within the meaning of Article 175 of the Agreement. Such measures (such as the need to obtain a license, the need to obtain recognition of qualifications in regulated sectors, the need to pass specific examinations, including language examinations, or the need to have a legal domicile in the territory in which the economic activity is performed), although not listed in the schedule, apply in any case to business service sellers of the EU Party.

7. Pursuant to Article 159, paragraph 3, of the Agreement, the schedule set out below does not include measures relating to subsidies granted by the Parties.

8. All other requirements of Costa Rica's laws and regulations regarding entry, presence, work, and the social security regime shall continue to apply, including regulations relating to the duration of presence, minimum wages, and collective wage agreements, even if not included in the schedule set out below.

9. The schedule set out below is understood without prejudice to the existence of public monopolies and exclusive rights as described in the schedules of commitments on establishment and on cross-border supply of services.

10. In the economic activities and service sectors or subsectors where the economic needs test is applied, the main criteria shall be the assessment of the market situation of the relevant market or the region in which the service is to be provided, also with respect to the number of existing service providers and the impact on them.

11. The rights and obligations arising from this schedule of commitments shall not have direct effect and, therefore, do not confer rights directly on individual natural or legal persons.

Schedule of Commitments Republic of Costa Rica CA Party Regarding Business Service Sellers GUATEMALA 1. The schedule of commitments set out below indicates the economic activities and the service sectors and subsectors committed under Article 175, paragraph 2, of this Agreement and the reservations and conditions applicable to business service sellers. The schedule consists of the following elements:

  • a)A first column indicates the economic activities, the service sectors or subsectors in which the Party undertakes the commitment and the scope of application to which the reservations and conditions apply.
  • b)A second column describes the applicable reservations and conditions.

2. For the purposes of this schedule, the term "none" indicates economic activities and service sectors and subsectors in which there are no specific reservations and conditions, without prejudice to the applicable horizontal reservations and conditions. The term "unbound" indicates that no commitments have been undertaken.

3. Guatemala undertakes no commitment on business service sellers in economic activities, service sectors or subsectors not mentioned in the schedule set out below.

4. To identify the different economic activities, sectors and subsectors:

  • a)ISIC rev. 3.1 (CIIU rev. 3.1) means the International Standard Industrial Classification of all economic activities as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 4, ISIC rev. 3.1, 2002.
  • b)CPC (CCP) means the Central Product Classification as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 77, CPC prov., 1991; c) CPC ver. 1.0 (CCP ver. 1.0) means the Central Product Classification as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 77, CPC ver. 1.0, 1998.

5. The commitments regarding business service sellers do not apply in cases where the objective or the consequence of their temporary presence involves interference with or otherwise affects the outcome of any labour dispute or negotiation, or its management.

6. The schedule set out below does not include measures relating to qualification requirements and procedures, technical standards, and licensing requirements (including any concession, permit, registration, and other type of authorization) and procedures when they do not constitute a reservation within the meaning of Article 175 of this Agreement. Such measures (such as the need to obtain a license, the need to obtain recognition of qualifications in regulated sectors, the need to pass specific examinations, including language examinations, or the need to have a legal domicile in the territory in which the economic activity is performed or the need to comply with national regulations and practice on minimum wage and collective wage agreements in the host country), although not listed in the schedule, apply in any case to business service sellers of the EU Party.

7. Pursuant to Article 159, paragraph 3, of this Agreement, the schedule set out below does not include measures relating to subsidies granted by the Parties.

8. All other requirements of Guatemala's laws and regulations regarding entry, presence, work, and the social security regime shall continue to apply, including regulations relating to the duration of presence, minimum wages, and collective wage agreements, even if not included in the schedule set out below.

9. The schedule set out below is understood without prejudice to the existence of public monopolies and exclusive rights as described in the schedules of commitments on establishment and on cross-border supply of services.

10. In the economic activities and service sectors or subsectors where the economic needs test is applied, the main criteria shall be the assessment of the market situation of the relevant market or the region in which the service is to be provided, also with respect to the number of existing service providers and the impact on them.

11. The rights and obligations arising from this schedule of commitments shall not have direct effect and, therefore, do not confer rights directly on individual natural or legal persons.

Schedule of Commitments Republic of Guatemala CA Party Regarding Business Service Sellers HONDURAS 1. The schedule of commitments set out below indicates the economic activities and the service sectors and subsectors committed under Article 175, paragraph 2, of this Agreement and the reservations and conditions applicable to business service sellers. The schedule consists of the following elements:

  • a)A first column indicates the economic activities, the service sectors or subsectors in which the Party undertakes the commitment and the scope of application to which the reservations and conditions apply.
  • b)A second column describes the applicable reservations and conditions.

2. For the purposes of this schedule, the term "none" indicates economic activities and service sectors and subsectors in which there are no specific reservations and conditions, without prejudice to the applicable horizontal reservations and conditions. The term "unbound" indicates that no commitments have been undertaken.

3. Honduras undertakes no commitment on business service sellers in economic activities, service sectors or subsectors not mentioned in the schedule set out below.

4. To identify the different economic activities, sectors and subsectors:

  • a)ISIC rev. 3.1 (CIIU rev. 3.1) means the International Standard Industrial Classification of all economic activities as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 4, ISIC rev. 3.1, 2002.
  • b)CPC (CCP) means the Central Product Classification as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 77, CPC prov., 1991.
  • c)CPC ver. 1.0 (CCP ver. 1.0) means the Central Product Classification as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 77, CPC ver. 1.0, 1998.

5. The commitments regarding business service sellers do not apply in cases where the objective or the consequence of their temporary presence involves interference with or otherwise affects the outcome of any labour dispute or negotiation, or its management.

6. The schedule set out below does not include measures relating to qualification requirements and procedures, technical standards, and licensing requirements (including any concession, permit, registration, and other type of authorization) and procedures when they do not constitute a reservation within the meaning of Article 175 of this Agreement. Such measures (such as the need to obtain a license, the need to obtain recognition of qualifications in regulated sectors, the need to pass specific examinations, including language examinations, or the need to have a legal domicile in the territory in which the economic activity is performed), although not listed in the schedule, apply in any case to business service sellers of the EU Party.

7. Pursuant to Article 159, paragraph 3, of this Agreement, the schedule set out below does not include measures relating to subsidies granted by the Parties.

8. All other requirements of Honduras' laws and regulations regarding entry, presence, work, and the social security regime shall continue to apply, including regulations relating to the duration of presence, minimum wages, and collective wage agreements, even if not included in the schedule set out below.

9. The schedule set out below is understood without prejudice to the existence of public monopolies and exclusive rights as described in the schedules of commitments on establishment and on cross-border supply of services.

10. In the economic activities and service sectors or subsectors where the economic needs test is applied, the main criteria shall be the assessment of the market situation of the relevant market or the region in which the service is to be provided, also with respect to the number of existing service providers and the impact on them.

11. The rights and obligations arising from this schedule of commitments shall not have direct effect and, therefore, do not confer rights directly on individual natural or legal persons.

Schedule of Commitments Republic of Honduras CA Party Regarding Business Service Sellers NICARAGUA 1. The schedule of commitments set out below indicates the economic activities and the service sectors and subsectors committed under Article 175, paragraph 2, of this Agreement and the reservations and conditions applicable to business service sellers. The schedule consists of the following elements:

  • a)A first column indicates the economic activities, the service sectors or subsectors in which the Party undertakes the commitment and the scope of application to which the reservations and conditions apply.
  • b)A second column describes the applicable reservations and conditions.

2. For the purposes of this schedule, the term "none" indicates economic activities and service sectors and subsectors in which there are no specific reservations and conditions, without prejudice to the applicable horizontal reservations and conditions. The term "unbound" indicates that no commitments have been undertaken.

3. Nicaragua undertakes no commitment on business service sellers in economic activities, service sectors or subsectors not mentioned in the schedule set out below.

4. To identify the different economic activities, sectors and subsectors:

  • a)ISIC rev. 3.1 (CIIU rev. 3.1) means the International Standard Industrial Classification of all economic activities as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 4, ISIC rev. 3.1, 2002.
  • b)CPC (CCP) means the Central Product Classification as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 77, CPC prov., 1991.
  • c)CPC ver. 1.0 (CCP ver. 1.0) means the Central Product Classification as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 77, CPC ver. 1.0, 1998.

5. The commitments regarding business service sellers do not apply in cases where the objective or the consequence of their temporary presence involves interference with or otherwise affects the outcome of any labour dispute or negotiation, or its management.

6. The schedule set out below does not include measures relating to qualification requirements and procedures, technical standards, and licensing requirements (including any concession, permit, registration, and other type of authorization) and procedures when they do not constitute a reservation within the meaning of Article 175 of this Agreement. Such measures (such as the need to obtain a license, the need to obtain recognition of qualifications in regulated sectors, the need to pass specific examinations, including language examinations, or the need to have a legal domicile in the territory in which the economic activity is performed), although not listed in the schedule, apply in any case to business service sellers of the EU Party.

7. Pursuant to Article 159, paragraph 3, of this Agreement, the schedule set out below does not include measures relating to subsidies granted by the Parties.

8. All other requirements of Nicaragua's laws and regulations regarding entry, presence, work, and the social security regime shall continue to apply, including regulations relating to the duration of presence, minimum wages, and collective wage agreements, even if not included in the schedule set out below.

9. The schedule set out below is understood without prejudice to the existence of public monopolies and exclusive rights as described in the schedules of commitments on establishment and on cross-border supply of services.

10. In the economic activities and service sectors or subsectors where the economic needs test is applied, the main criteria shall be the assessment of the market situation of the relevant market or the region in which the service is to be provided, also with respect to the number of existing service providers and the impact on them.

11. The rights and obligations arising from this schedule of commitments shall not have direct effect and, therefore, do not confer rights directly on individual natural or legal persons.

Schedule of Commitments Republic of Nicaragua CA Party Regarding Business Service Sellers PANAMA 1. The schedule of commitments set out below indicates the economic activities and the service sectors and subsectors committed under Article 175, paragraph 2, of this Agreement and the reservations and conditions applicable to business service sellers. The schedule consists of the following elements:

  • a)A first column indicates the economic activities, the service sectors or subsectors in which the Party undertakes the commitment and the scope of application to which the reservations and conditions apply.
  • b)A second column describes the applicable reservations and conditions.

2. For the purposes of this schedule, the term "none" indicates economic activities and service sectors and subsectors in which there are no specific reservations and conditions, without prejudice to the applicable horizontal reservations and conditions. The term "unbound" indicates that no commitments have been undertaken.

3. Panama undertakes no commitment on business service sellers in economic activities, service sectors or subsectors not mentioned in the schedule set out below.

4. For the purposes of identifying the distinct individual economic activities:

  • a)ISIC rev. 3.1 (CIIU rev. 3.1) means the International Standard Industrial Classification of all economic activities as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 4, ISIC rev. 3.1, 2002.
  • b)CPC (CCP) means the Central Product Classification as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 77, CPC prov., 1991.
  • c)CPC ver. 1.0 (CCP ver. 1.0) means the Central Product Classification as set out in the United Nations Statistical Office, Statistical Papers, Series M, No. 77, CPC ver. 1.0, 1998.

5. The commitments regarding business service sellers do not apply in cases where the objective or the consequence of their temporary presence involves interference with or otherwise affects the outcome of any labour dispute or negotiation, or its management.

6. The schedule set out below does not include measures relating to qualification requirements and procedures, technical standards, and licensing requirements (including any concession, permit, registration, and other type of authorization) and procedures and measures relating to employment and working conditions and social security when they do not constitute a reservation within the meaning of Articles 174 and 175 of this Agreement. Such measures (for example, the need to obtain a license, the need to obtain recognition of qualifications in regulated sectors, the need to pass specific examinations, including language examinations, the need to have a legal domicile in the territory where the economic activity is performed, the need to comply with national regulations and practice on minimum wage and collective wage agreements in the host country), although not listed in the schedule, apply in any case to business service sellers of the EU Party.

7. Pursuant to Article 159, paragraph 3, of this Agreement, the schedule set out below does not include measures relating to subsidies granted by the Parties.

8. All other requirements of Panama's laws and regulations regarding entry, presence, work, and the social security regime shall continue to apply, including regulations relating to the duration of presence, minimum wages, and collective wage agreements, even if not included in the schedule set out below.

9. The schedule set out below is understood without prejudice to the existence of public monopolies and exclusive rights as described in the schedule of commitments on establishment.

10. In those economic activities where the economic needs test is applied, its main criteria shall be the assessment of the market situation of the relevant market or the region in which the service is to be provided, also with respect to the number of existing service providers and the impact on them.

11. The rights and obligations arising from this schedule of commitments shall not have legal effect (*) and, therefore, do not confer rights directly on individual natural or legal persons.

(*)(Through International Treaty No. 9154 "Agreement establishing an Association between Central America and the European Union and its Member States", of July 3, 2013, the member countries agreed that where the phrase "... shall not have legal effect... " appears, it should read "... shall not have direct effect... ") Schedule of Commitments Republic of Panama CA Party Regarding Business Service Sellers

INFORMATION SERVICES EU PARTY:

| EUROPEAN UNION | European Commission - DG TRADE Unit for Services and Investment Rue de la Loi 170 1000 BRUXELLES Belgium E-mail: [email protected] | | --- | --- | | AUSTRIA | Federal Ministry of Economy, Family and Youth Department for Multilateral Trade Policy - C2/11 Stubenring 1 A-1011 Vienna Austria Telephone: (43) 1 711 00 (ext. 6915/5946) Telefax: (43) 1 718 05 08 E-Mail: [email protected] | | BELGIUM | Service public fédéral Economie, PME, Classes moyennes et Energie Direction générale du Potentiel économique (Federal Public Service Economy, SMEs, Self-employed and Energy Directorate - General Economic Potential) Rue du Progrès, 50 B-1210 Brussels Belgium Telephone: (32) 2 277 93 57 Telefax: (32) 2 277 53 03 E-mail: info- [email protected] | | BULGARIA | Foreign Economic Policy Directorate Ministry of Economy and Energy 12, Alexander Batenberg Str. 1000 Sofia Bulgaria Telephone: (359 2) 940 77 61 / (359 2) 940 77 93 Telefax: (359 2) 981 49 15 E-mail: [email protected] | | CYPRUS | Permanent Secretary Planning Bureau Apellis and Nirvana corner 1409 Nicosia Cyprus Telephone: (357 22) 406 801 / (357 22) 406 852 Telefax: (357 22) 666 810 E-mail: [email protected] [email protected] | | CZECH REPUBLIC | Ministry of Industry and Trade Department of Multilateral and EU Common Trade Policy Politických vězňů 20 Praha 1 Czech Republic Telephone: (420) 2 2485 2973 Telefax: (420) 2 2422 1560 E-mail: [email protected] | | DENMARK | Ministry of Foreign Affairs International Trade Policy and Business Asiatisk Plads 2 DK-1448 Copenhagen K Denmark Telephone: (45) 3392 0000 Telefax: (45) 3254 0533 E-mail: [email protected] | | ESTONIA | Ministry of Economic Affairs and Communications 11 Harju street 15072 Tallinn Estonia Telephone: (372) 639 7654 / (372) 625 6360 Telefax: (372) 631 3660 E-mail: [email protected] | | FINLAND | Ministry for Foreign Affairs Department for External Economic Relations Unit for the EU's Trade Policy and Economic Relations PO Box 428 00023 Government Finland Telephone: (358-9) 1605 5533 Telefax: (358-9) 1605 5576 | | FRANCE | Ministère de l'Economie, des Finances et de l'Emploi Direction générale du Trésor et de la Politique économique (DGTPE) Service des Affaires multilatérales et du développement Sous Direction Politique commerciale et Investissement Bureau Services, Investissements et Propriété intellectuelle 139 rue de Bercy (télédoc 233) 75572 Paris Cédex 12 France Téléphone:(33) (1) 44 87 20 30 Fax: (33) (1) 53 18 96 55 Secrétariat général des affaires européennes 2, Boulevard Diderot 75572 Paris Cédex 12 Téléphone : (33) (1) 44 87 10 13 Fax : (33) (1) 44 87 12 61 | | GERMANY | Germany Trade and Invest (GTAI) Agrippastrasse 87-93 50676 Köln Germany Telephone: (49221) 2057 345 Telefax: (49221) 2057 262 E-mail: [email protected]; [email protected] | | GREECE | Ministry of Economy Competitiveness and Shipping General Directorate for International Economic Policy Directorate for International Trade Policy 1 Kornarou Str. 10563 Athens Hellas Telephone: (30 210) 3286121, 3286126 Telefax: (30 210) 3286179 | | HUNGARY | Ministry for National Development and Economy Trade Policy Department Honvéd utca 13-15. H-1055 Budapest Hungary Tel: 361 336 7715 Fax: 361 336 7559 E-mail: [email protected] | | IRELAND | Department of Enterprise, Trade & Employment International Trade Section (WTO) Earlsfort Centre Hatch St. Dublin 2 Ireland Telephone: (353 1) 6312533 Telefax: (353 1) 6312561 | | ITALY | Ministero degli Affari Esteri Piazzale della Farnesina, 1 00194 Rome Italy General Directorate for the Multilateral Economic and Financial Cooperation WTO Coordination Office Telephone: (39) 06.3691.4353 / 2648 Telefax: (39) 06.3233458 E-mail: [email protected]; [email protected] General Directorate for the European Integration Office II - EU external relations Telephone: (39) 06 3691 2740 Telefax; (39) 06 3691 6703 E-mail: [email protected] Ministry for Economic Development Viale Boston, 25 00144 Rome Italy General Directorate for Trade Policy Division V Telephone: (39) 06 5993 2589 Telefax: (39) 06 5993 2149 E-mail: [email protected] | | LATVIA | Ministry of Economics of the Republic of Latvia Foreign Economic Relations Department Foreign Trade Policy Unit Brivibas Str. 55 RIGA, LV 1519 Latvia Telephone: (371) 67 013 008 Telefax: (371) 67 280 882 E-mail: [email protected] | | LITHUANIA | Division of International Economic Organizations, Ministry of Foreign Affairs J. Tumo Vaizganto 2 2600 Vilnius Lithuania Telephone: (370 52) 362 594 (370 52) 362 598 Telefax: (370 52) 362 586 E-mail: [email protected] | | LUXEMBOURG | Ministère des Affaires Etrangères Direction des Relations Economiques Internationales 6, rue de l'Ancien Athénée L-1144 Luxembourg Luxembourg Telephone: (352) 478 2355 Telefax: (352)22 20 48 | | MALTA | Director International Economic Relations Directorate Economic Policy Division Ministry of Finance St. Calcedonius Square Floriana CMR02 Malta Telephone: (356) 21 249 359 Fax: (356) 21 249 355 Email: [email protected] [email protected] | | NETHERLANDS | Ministry of Economic Affairs Directorate-General for Foreign Economic Relations Trade Policy & Globalisation (ALP: E/446) P.O. Box 20101 2500 EC Den Haag The Netherlands Telephone: (3170) 379 6451 (3170) 379 6467 Telefax: (3170) 379 7221 E-mail: [email protected] | | POLAND | Ministry of Economy Department of Trade Policy Ul. Żurawia 4a 00-507 Warsaw Poland Telephone: (48 22) 693 4826 / (48 22) 693 4856 / (48 22) 693 4808 Telefax: (48 22) 693 4018 E-mail: [email protected] | | PORTUGAL | Ministry of Economy ICEP Portugal Market Intelligence Unit Av. 5 de Outubro, 101 1050-051 Lisbon Portugal Telephone: (351 21) 790 95 00 Telefax: (351 21) 790 95 81 E-mail: informaçã[email protected] Ministry of Foreign Affairs General Directorate for Community Affairs (DGAC) R da Cova da Moura 1 1350 -11 Lisbon Portugal Telephone: (351 21) 393 55 00 Telefax: (351 21) 395 45 40 | | ROMANIA | Ministry for Economy, Trade, and Business Environment* Str. Ion Campineanu nr. 16 District 1 Bucharest Romania Telephone: 40214010558, 40214010562 Fax: 40213159698 E-mail: [email protected] [email protected] | | SLOVAKIA | Ministry of Economy of the Slovak Republic Trade and Consumer Protection Directorate Trade Policy Department Mierová 19 827 15 Bratislava 212 Slovak Republic Telephone: (421-2) 4854 7110 Telefax: (421-2) 4854 3116 | | SLOVENIA | Ministry of the Economy of the Republic of Slovenia Directorate for Foreign Economic Relations Kotnikova 5 1000 Ljubljana Slovenia Telephone: (386 1) 400 35 21 Telefax: (386 1) 400 36 11 E-mail: [email protected] Internet: www.mg-rs.si | | SPAIN | Ministerio de Industria, Turismo y Comercio Secretaría de Estado de Comercio Exterior Subdirección General de Comercio Internacional de Servicios Paseo de la Castellana 162 28046 Madrid España Telephone: (34 91) 349 3781 Telefax: (34 91) 349 5226 E-mail: [email protected] | | SWEDEN | National Board of Trade Department for WTO and Developments in Trade Box 6803 113 86 Stockholm Sweden Telephone: (46 8) 690 4800 Telefax: (46 8) 30 6759 E-mail: [email protected] Internet: http://www.kommers.se Ministry for Foreign Affairs Department: UD-IH 103 39 Stockholm Sweden Telephone: 46 (0) 8 405 10 00 Telefax: 46 (0) 8723 11 76 E-mail: [email protected] Internet: http://www.sweden.gov.se/ | | UNITED KINGDOM | Department for Business, Innovation and Skills (BIS) Trade Policy Unit 1 Victoria Street London SW1H 0ET United Kingdom Telephone: (4420) 7215 5000 Fax: (4420) 7215 2235 E-mail: [email protected] Internet:www.bis.gov.uk/policies/trade-policy-unit/trade-in- services | REPUBLICS OF THE CA PARTY:

| COSTA RICA | Ministerio de Comercio Exterior Dirección General de Comercio Exterior Avenida 1era y 3era , Calle 40, Paseo Colón San José, Costa Rica Telephone: (506)2299-4925/2299-4926 Telefax: (506)2255-3281 E-mail: [email protected] | | --- | --- | | EL SALVADOR | Ministerio de Economía Dirección de Administración de Tratados Comerciales (DATCO) (en coordinación con las instituciones respectivas) Alameda Juan Pablo II y Calle Guadalupe, Edificio C-2, 3ª Planta. Plan Maestro, Centro de Gobierno, San Salvador, El Salvador, C.A. Telephone: (503)2247- 5788 Telefax: (503)2247- 5789 E-Mail: [email protected] | | GUATEMALA | Ministerio de Economía Dirección de Administración del Comercio Exterior 8ª. Avenida 10-43 Zona 1, Ciudad Guatemala, Guatemala Teléfono: (502)2412-0200 Telefax: (502)2412-0327 E-mail: http://dace.mineco.gob.gt/infocomex/infocomex.php | | HONDURAS | Secretaria de Estado en los Despachos de Industria y Comercio, Dirección General de Integración Económica y Política Comercial Edificio San José, Boulevard, José Cecilio del Valle, Tegucigalpa, Honduras Telephone: (504)2235- 5047 Telefax: (504)2235-5047 Internet: www.sic.gob.hn | | NICARAGUA | Ministerio de Fomento, Industria y Comercio (MIFIC) Dirección de Aplicación y Negociación de Acuerdos Comerciales Km 6 Carretera a Masaya, Apartado Postal No 8 Managua, Nicaragua Telephone: (505): 2267- 0161 Internet: www.mific.gob.ni | | PANAMA | Ministerio de Comercio e Industrias Dirección Nacional de Administración de Tratados Comerciales Internacionales y de Defensa Comercial Oficina de Negociaciones Comerciales Internacionales Avenida Ricardo J. Alfaro, Edificio Plaza Edison Piso No. 2 Telephone: (507) 560-0610 Telefax: (507) 560-0618 E-mail: [email protected] [email protected] Internet: www.mici.gob.pa |

(Sinalevi Note: By means of paragraph 26), sub-paragraph a) of the annex of International Treaty No. 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", it is indicated that upon entry into force of this Agreement, the United Kingdom will provide the Republics of the CA Party with details of the means for the publication of notices of the United Kingdom referred to in appendices 2 and 3 of this Annex.)

PUBLIC PROCUREMENT APPENDIX 1(*) COVERAGE

(*) (Sinalevi Note: By means of paragraph 26), sub-paragraph b) of the annex of International Treaty No. 9775 of October 29, 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", it is established that in appendix 1, the entities corresponding to specific countries that are not part of this Agreement or to the European Union are not incorporated into the aforementioned present Agreement.)

CENTRAL GOVERNMENT ENTITIES CONTRACTING IN ACCORDANCE WITH THE PROVISIONS OF TITLE V OF PART IV OF THIS AGREEMENT A. LIST OF COSTA RICA The title applies to central government level entities contracting in accordance with the provisions of this Agreement, when the procurement value is equal to or greater than:

Goods Threshold: 130,000 SDR Services Specified in section D Threshold: 130,000 SDR Construction services Specified in section E Threshold: 5,000,000 SDR List of entities 1. Contraloría General de la República 2. Defensoría de los Habitantes de la República 3. Presidencia de la República 4. Ministerio de la Presidencia 5. Ministerio de Gobernación, Policía y Seguridad Pública (note 1) 6. Ministerio de Relaciones Exteriores y Culto 7. Ministerio de Hacienda (note 2) 8. Ministerio de Agricultura y Ganadería 9. Ministerio de Economía Industria y Comercio 10. Ministerio de Educación Pública (note 3) 11. Ministerio de Trabajo y Seguridad Social 12. Ministerio de Cultura y Juventud 13. Ministerio de Vivienda y Asentamientos Humanos 14. Ministerio de Comercio Exterior 15. Ministerio de Planificación Nacional y Política Económica 16. Ministerio de Ciencia y Tecnología 17. Ministerio de Ambiente, Energía y Telecomunicaciones 18. Ministerio de Obras Públicas y Transportes 19. Ministerio de Salud 20. Instituto Nacional de las Mujeres 21. Instituto Costarricense de Turismo Notes to section A 1. Ministerio de Gobernación, Policía y Seguridad Pública: the title does not apply to the procurement of goods classified within section 2 (food products, beverages and tobacco; textiles, apparel and leather products) of the United Nations Central Product Classification 1.0 (CPC ver. 1.0), for the Fuerza Pública.

2. Ministerio de Hacienda: the title does not apply to the issuance of fiscal stamps (especies fiscales).

3. Ministerio de Educación Pública: the title does not apply to procurement carried out for school meal service programs.

B. LIST OF EL SALVADOR The title applies to central government level entities contracting in accordance with the provisions of this Agreement, when the procurement value is equal to or greater than:

Goods Thresholds: 130,000 SDR; or, for the three-year period following the entry into force of this Agreement, 260,000 SDR.

Services Specified in section D Thresholds: 130,000 SDR; or, for the three-year period following the entry into force of this Agreement, 260,000 SDR.

Construction services Specified in section E Thresholds: 5,000,000 SDR; or, for the three-year period following the entry into force of this Agreement, 5,950,000 SDR.

List of entities 1. Ministerio de Hacienda 2. Ministerio de Relaciones Exteriores 3. Ministerio de Educación (note 1) 4. Ministerio de Trabajo y Previsión Social 5. Ministerio de Economía 6. Ministerio del Medio Ambiente y Recursos Naturales 7. Ministerio de Obras Públicas 8. Ministerio de Agricultura y Ganadería 9. Ministerio de Defensa (note 1) 10. Ministerio de Gobernación 11. Ministerio de Salud Pública y Asistencia Social Notes to section A 1. Ministerio de Educación and Ministerio de Defensa: the title does not apply to the procurement of goods classified within section 2 (food products, beverages and tobacco; textiles, apparel and leather products) of the United Nations Central Product Classification 1.1 (CPC ver. 1.1).

2. Unless otherwise specified, the title covers all entities subordinate to the listed entities, provided they do not have their own legal personality.

C. LIST OF GUATEMALA The title applies to central government level entities contracting in accordance with the provisions of this Agreement when the procurement value is equal to or greater than:

Goods Thresholds: 130,000 SDR; or, for the three-year period following entry into force, 260,000 SDR.

Services Specified in section D Thresholds: 130,000 SDR; or, for the three-year period following entry into force, 260,000 SDR.

Construction services:

Specified in section E Thresholds: 5,000,000 SDR; or, for the three-year period following entry into force, 6,000,000 SDR.

List of entities 1. Ministerio de Agricultura, Ganadería y Alimentación (note 1) 2. Ministerio de la Defensa Nacional (note 2) 3. Ministerio de Economía 4. Ministerio de Educación (note 3) 5. Ministerio de Cultura y Deportes 6. Ministerio de Trabajo y Previsión Social (note 4) 7. Ministerio de Finanzas Públicas 8. Ministerio de Salud Pública y Asistencia Social (note 4) 9. Ministerio de Relaciones Exteriores 10. Ministerio de Gobernación (note 5) 11. Ministerio de Comunicaciones, Infraestructura y Vivienda 12. Ministerio de Energía y Minas 13. Ministerio de Ambiente y Recursos Naturales 14. Secretaría General de la Presidencia 15. Secretaría de Coordinación Ejecutiva de la Presidencia 16. Secretaría de Planificación y Programación de la Presidencia 17. Secretaría de Análisis Estratégico de la Presidencia 18. Secretaría de la Paz de la Presidencia de la República 19. Secretaría de Asuntos Administrativos y de Seguridad de la Presidencia de la República 20. Secretaría de Asuntos Agrarios de la Presidencia 21. Secretaría Presidencial de la Mujer 22. Secretaría de Bienestar Social de la Presidencia de la República 23. Secretaría de Comunicación Social de la Presidencia 24. Secretaría Ejecutiva de la Comisión contra el Consumo, Adicción y Tráfico Ilícito de Drogas 25. Secretaría de Obras Sociales de la Esposa del Presidente de la República 26. Comisión Presidencial Coordinadora de la Política del Ejecutivo en materia de Derechos Humanos 27. Comisión Presidencial para la reforma del Estado, la Descentralización y la Participación Ciudadana 28. Consejo Nacional de Ciencia y Tecnología 29. Coordinadora Nacional para la Reducción de Desastres 30. Junta Nacional del Servicio Civil 31. Oficina Nacional del Servicio Civil 32. Fondo de Desarrollo Indígena Guatemalteco 33. Fondo Nacional de Ciencia y Tecnología 34. Fondo Nacional para la Paz 35. Consejo Nacional de la Juventud Notes to section A 1. Ministerio de Agricultura, Ganadería y Alimentación: the title does not apply to the procurement of agricultural goods made in fulfillment of agricultural support programs, or procurement made in fulfillment of school meal programs.

2. Ministerio de Defensa Nacional: the title does not apply to the procurement of the following goods and services: Armaments, ammunition, equipment, construction materials, aircraft, ships and other vehicles, fuels, lubricants, provisions, and the procurement of services or supplies for or by the Ejército de Guatemala and its institutions.

3. Ministerio de Educación: the title does not apply to procurement made for school meal service programs.

4. Ministerio de Trabajo y Previsión Social and Ministerio de Salud Pública y Asistencia Social: the title does not apply to the procurement of goods classified within section 2 (food products, beverages and tobacco; textiles, apparel and leather products) of the CPC ver. 1.0.

5. Ministerio de Gobernación: the title does not apply to the procurement of goods classified within section 2 (food products, beverages and tobacco; textiles; apparel and leather products) of the CPC ver. 1.0, for the Policía Nacional Civil and the Penitentiary System.

6. Unless otherwise specified, the title covers all entities subordinate to the listed entities, provided they do not have their own legal personality.

D. LIST OF HONDURAS The title applies to central government level entities contracting in accordance with the provisions of this Agreement, when the procurement value is equal to or greater than:

Goods Thresholds: 260,000 SDR for the second and third annual periods following the entry into force of this Agreement, and thereafter 130,000 SDR.

Services Specified in section D Thresholds: 260,000 SDR for the second and third annual periods following the entry into force of this Agreement, and thereafter 130,000 SDR.

Construction services Specified in section E Thresholds: 6,000,000 SDR for the second and third annual periods following the entry into force of this Agreement, and thereafter 5,000,000 SDR.

List of entities 1. Secretaría de Estado en los Despachos del Interior y Población 2. Secretaría de Estado en el Despacho de Educación (note 1) 3. Secretaría de Estado en el Despacho de Salud 4. Secretaría de Estado en el Despacho de Seguridad (note 2) 5. Secretaría de Estado en el Despacho Presidencial (note 1) 6. Secretaría de Estado en el Despacho de Relaciones Exteriores 7. Secretaría de Estado en el Despacho de Defensa Nacional (note 3) 8. Secretaría de Estado en el Despacho de Finanzas 9. Secretaría de Estado en los Despachos de Industria y Comercio 10. Secretaría de Estado en los Despachos de Obras Públicas, Transporte y Vivienda 11. Secretaría de Estado en los Despachos de Trabajo y Seguridad Social 12. Secretaría de Estado en los Despachos de Agricultura y Ganadería 13. Secretaría de Estado en los Despachos de Recursos Naturales y Ambiente 14. Secretaría de Estado en los Despachos de Cultura, Artes y Deportes 15. Secretaría de Estado en el Despacho de Turismo 16. Secretaría Técnica de Planificación y Cooperación Externa.

Notes to section A 1. Secretaría de Estado en el Despacho de Educación and Secretaría de Estado en el Despacho Presidencial: the title does not apply to the procurement of school meal services carried out.

2. Secretaría de Estado en el Despacho de Seguridad: the title does not apply to the acquisition of uniforms, shoes, food, and tobacco for the Policía Nacional.

3. Secretaría de Estado en el Despacho de Defensa Nacional: the title does not apply to the procurement of goods classified within section 2 (food products, beverages and tobacco; textiles; apparel and leather products) of the United Nations Central Product Classification 1.0 (CPC version 1.0), for the Fuerzas Armadas de Honduras. This Chapter does not apply to the procurement of the following goods, or to the procurement of uniforms for the Fuerzas Armadas de Honduras:

1. Ammunition 2. Warplanes 3. Military rifles 4. Pistols and revolvers of all kinds, of caliber 41 or larger 5. Regulation pistols of the army of Honduras 6. Silencers for all kinds of firearms 7. Firearms 8. Accessories and ammunition 9. Cartridges for firearms 10. Apparatus and other accessories essential for cartridge loading 11. Gunpowder, explosives, detonators, and fuses 12. Protective masks against asphyxiating gases 13. Air rifles 4. Unless otherwise specified, the title covers all entities subordinate to the listed entities, provided they do not have their own legal personality.

E. LIST OF NICARAGUA The title applies to central government level entities contracting in accordance with the provisions of this Agreement, when the procurement value is equal to or greater than:

Goods Thresholds: 130,000 SDR; or, for the three-year period following the entry into force of this Agreement, 260,000 SDR.

Services Specified in section D Thresholds: 130,000 SDR; or, for the three-year period following the entry into force of this Agreement, 260,000 SDR.

Construction services Specified in section E Thresholds: 5,000,000 SDR; or, for the three-year period following the entry into force of this Agreement, 6,000,000 SDR.

List of entities 1. Ministerio de Gobernación (note 1) 2. Ministerio de la Familia 3. Ministerio de Relaciones Exteriores 4. Ministerio de Fomento, Industria y Comercio 5. Ministerio del Trabajo 6. Ministerio del Ambiente y de los Recursos Naturales 7. Procuraduría General de la República 8. Ministerio de Defensa (note 2) 9. Ministerio de Hacienda y Crédito Público 10. Ministerio Público 11. Ministerio de Transporte e Infraestructura (note 3) 12. Ministerio de Educación (note 4) 13. Ministerio Agropecuario y Forestal (note 5) Notes to Section A 1. Ministerio de Gobernación: the title does not apply to procurement made by or for the Policía Nacional. The title does not apply to procurement related to the production or issuance of passports (including their security features such as security paper or security plastic).

2. Ministerio de Defensa: the title does not apply to the procurement of the Ministerio de Defensa for a transition period of five years from the entry into force of this Agreement. The title does not apply to procurement made by or for the Ejército de Nicaragua.

3. Ministerio de Transporte e Infraestructura: the title does not apply to procurement made by the Ministerio de Transporte e Infraestructura for a transition period of five years after the entry into force of this Agreement.

4. Ministerio de Educación: the title does not apply to programs that benefit the education sector such as school feeding programs, basic bibliography, tools for basic research and development.

5. Ministerio de Agropecuario y Forestal: the title does not apply to agricultural support programs.

F. LIST OF PANAMA The title applies to central government level entities contracting in accordance with the provisions of this Agreement, when the procurement value is equal to or greater than:

Goods Threshold: 130,000 SDR Services Specified in section D Threshold: 130,000 SDR Construction services Specified in section E Threshold: 5,000,000 SDR List of entities 1. Asamblea Nacional 2. Contraloría General de la República 3. Ministerio de Comercio e Industrias 4. Ministerio de Desarrollo Agropecuario (note 1) 5. Ministerio de Economía y Finanzas 6. Ministerio de Educación (note 2) 7. Ministerio de Gobierno y Justicia (note 3) 8. Ministerio de Desarrollo Social 9. Ministerio de Obras Públicas 10. Ministerio de la Presidencia (note 4) 11. Ministerio de Relaciones Exteriores 12. Ministerio de Salud (note 5) 13. Ministerio de Trabajo y Desarrollo Laboral 14. Ministerio de Vivienda y Ordenamiento Territorial 15. Ministerio Público (note 6) 16. Órgano Judicial Notes to section A 1. Ministerio de Desarrollo Agropecuario: the title does not apply to the procurement of agricultural products related to agricultural development and support and food aid.

2. Ministerio de Educación: the title does not apply to the procurement of goods classified under the Divisions of the United Nations Central Product Classification (CPC) Ver. 1.0 listed below:

21 - Meat, fish, fruit, vegetables, oils and fats 22 - Dairy products 23 - Grain mill products, starches and their products; other food products 24 - Beverages 26 - Yarn and thread; woven textile fabrics, including pile 27 - Textile articles (except apparel) 28 - Knitted or crocheted fabrics; apparel 29 - Leather and leather products; footwear.

3. Ministerio de Gobierno y Justicia: the title does not apply to the procurement of goods and services listed below by or on behalf of the Policía Nacional; the Servicio Nacional Aeronaval, the Dirección Institucional en Asuntos de Seguridad Pública; and the Dirección General del Sistema Penitenciario:

  • a)classified under the Divisions of the CPC Ver. 1.0:

21- Meat, fish, fruit, vegetables, oils and fats 22- Dairy products 23- Grain mill products, starches and their products; other food products 24- Beverages 26- Yarn and thread; woven textile fabrics, including pile 27- Textile articles (except apparel) 28- Knitted or crocheted fabrics; apparel 29- Leather and leather products; footwear 431- Engines, turbines and parts thereof 447- Weapons and ammunition and parts thereof 491- Motor vehicles and parts and accessories thereof 496- Aircraft and spacecraft and parts thereof b) the procurement of meal services (hot meals).

4. Ministerio de la Presidencia: the title does not apply to the procurement of goods and services listed below by the Servicio de Protección Institucional, or on its behalf:

  • a)classified under the Divisions of the CPC Ver. 1.0:

21- Meat, fish, fruit, vegetables, oils and fats 22- Dairy products 23- Grain mill products, starches and their products; other food products 24- Beverages 26- Yarn and thread; woven textile fabrics, including pile 27- Textile articles (except apparel) 28- Knitted or crocheted fabrics; apparel 29- Leather and leather products; footwear 431- Engines, turbines and parts thereof 447- Weapons and ammunition and parts thereof ; 491- Motor vehicles and parts and accessories thereof 496- Aircraft and spacecraft and parts thereof .

  • b)the procurement of meal services (hot meals); and The title does not apply to the procurement of goods and services by the Secretaría del Consejo de Seguridad Pública y Defensa Nacional and the Fondo de Inversión Social, or on their behalf.

5. Ministerio de Salud: the title does not cover the following:

  • a)procurement made in fulfillment of public health protection programs, such as the treatment of HIV/AIDS, cancer, tuberculosis, malaria, meningitis, American trypanosomiasis, leishmaniasis or other epidemics; b) procurement of vaccines for the prevention of tuberculosis, polio, diphtheria, whooping cough, tetanus, measles, mumps, rubella, meningococcal meningitis, pneumococcosis, human rabies, varicella, influenza, hepatitis A, infection by Haemophilus influenzae, hepatitis B, infection by Haemophilus influenzae type B, and yellow fever, which are acquired through agreements with non-profit international organizations such as the WHO and UNICEF; or c) procurement of pharmaceutical products under compulsory licenses in accordance with the Decision of 30 August 2003 of the General Council of the WTO on the implementation of paragraph 6 of the Doha Declaration on the TRIPS Agreement and public health and with the Decision of 6 December 2005 on an amendment to the TRIPS Agreement.

6. Public Ministry: the title does not apply to the procurement of the following services and goods by the Criminalistics and Forensic Sciences Service (Servicio de Criminalística y Ciencias Forenses, SEC), or on its behalf:

  • a)classified under the Divisions of the CPC Ver. 1.0:

21- Meat, fish, fruits, vegetables, oils and fats 22- Dairy products 23- Grain mill products, starches and their products; other food products 24- Beverages 447- Weapons and ammunition and parts thereof 491- Motor vehicles and parts and accessories thereof; and b) the procurement of meal services (hot meals).

G. LIST OF THE EU PARTY Goods Threshold: 130,000 SDR Services Specified in section D Threshold: 130,000 SDR Construction Services Specified in section E Threshold: 5,000,000 SDR Contracting Entities:

  • A)All central government entities B) Entities of the European Union:

The Council of the European Union The European Commission Notes to Section A 1. "Contracting entities of the Member States of the European Union" also covers any subordinate entity of the contracting authority of the United Kingdom(*) of the European Union provided that it does not have its own legal personality.

(*) (Thus its denomination substituted by the paragraph of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex of the International Treaty, No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on the 18th day of July, 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Paragraph 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on July 18, 2019". Previously it indicated "of the Member State") 2. With regard to procurement by entities in the area of defence and security, only non-sensitive and non-war material contained in the list attached to section A is covered.

INDICATIVE LISTS OF CONTRACTING AUTHORITIES WHICH ARE CENTRAL GOVERNMENT AUTHORITIES AS DEFINED BY THE EU PUBLIC PROCUREMENT DIRECTIVE Belgium 1. Services publics fédéraux (Ministries): 1.Federale Overheidsdiensten (Ministries):

SPF Chancellerie du Premier Ministre; FOD Kanselarij van de Eerste Minister; SPF Personnel et Organisation; FOD Kanselarij Personeel en Organisatie; SPF Budget et Contrôle de la Gestion; FOD Budget en Beheerscontrole; SPF Technologie de l'Information et de la Communication (Fedict); FOD Informatie- en Communicatietechnologie (Fedict); SPF Affaires étrangères, Commerce extérieur et Coopération au Développement; FOD Buitenlandse Zaken, Buitenlandse Handel en Ontwikkelingssamenwerking; SPF Intérieur; FOD Binnenlandse Zaken; SPF Finances; FOD Financiën; SPF Mobilité et Transports; FOD Mobiliteit en Vervoer; SPF Emploi, Travail et Concertation sociale; FOD Werkgelegenheid, Arbeid en sociaal overleg SPF Sécurité Sociale et Institutions publiques de Sécurité Sociale; FOD Sociale Zekerheid en Openbare Instellingen van sociale Zekerheid SPF Santé publique, Sécurité de la Chaîne alimentaire et Environnement; FOD Volksgezondheid, Veiligheid van de Voedselketen en Leefmilieu; SPF Justice; FOD Justitie; SPF Economie, PME, Classes moyennes et Energie; FOD Economie, KMO, Middenstand en Energie; Ministère de la Défense; Ministerie van Landsverdediging; Service public de programmation Intégration sociale, Lutte contre la pauvreté et Èconomie sociale; Programmatorische Overheidsdienst Maatschappelijke Integratie, Armoedsbestrijding en sociale Economie; Service public fédéral de Programmation Développement durable; Programmatorische federale Overheidsdienst Duurzame Ontwikkeling; Service public fédéral de Programmation Politique scientifique.

Programmatorische federale Overheidsdienst Wetenschapsbeleid.

2. Régie des Bâtiments; 2. Regie der Gebouwen; Office national de Sécurité sociale; Rijksdienst voor sociale Zekerheid; Institut national d'Assurance sociales pour travailleurs indépendants Rijksinstituut voor de sociale Verzekeringen der Zelfstandigen; Institut national d'Assurance Maladie- Invalidité; Rijksinstituut voor Ziekte- en Invaliditeitsverzekering; Office national des Pensions; Rijksdienst voor Pensioenen; Caisse auxiliaire d'Assurance Maladie- Invalidité; Hulpkas voor Ziekte-en Invaliditeitsverzekering; Fond des Maladies professionnelles; Fonds voor Beroepsziekten; Office national de l'Emploi; Rijksdienst voor Arbeidsvoorziening Bulgaria - Администрация на Народното събрание - Aдминистрация на Президента - Администрация на Министерския съвет - Конституционен съд - Българска народна банка - Министерство на външните работи - Министерство на вътрешните работи - Министерство на държавната администрация и административната реформа - Министерство на извънредните ситуации - Министерство на земеделието и храните - Министерство на здравеопазването - Министерство на икономиката и енергетиката - Министерство на културата - Министерство на образованието и науката - Министерство на околната среда и водите - Министерство на отбраната - Министерство на правосъдието - Министерство на регионалното развитие и благоустройството - Министерство на транспорта - Министерство на труда и социалната политика - Министерство на финансите State agencies, state commissions, executive agencies and other state authorities established by law or by decree of the Council of Ministers having a function related to the exercise of executive power:

- Агенция за ядрено регулиране - Висшата атестационна комисия - Държавна комисия за енергийно и водно регулиране - Държавна комисия по сигурността на информацията - Комисия за защита на конкуренцията - Комисия за защита на личните данни - Комисия за защита от дискриминация - Комисия за регулиране на съобщенията - Комисия за финансов надзор - Патентно ведомство на Република България - Сметна палата на Република България - Агенция за приватизация - Агенция за следприватизационен контрол - Български институт по метрология - Държавна агенция "Архиви" - Държавна агенция "Държавен резерв и военновременни запаси" - Държавна агенция "Национална сигурност" - Държавна агенция за бежанците - Държавна агенция за българите в чужбина - Държавна агенция за закрила на детето - Държавна агенция за информационни технологии и съобщения - Държавна агенция за метрологичен и технически надзор - Държавна агенция за младежта и спорта - Държавна агенция по горите - Държавна агенция по туризма - Държавна комисия по стоковите борси и тържища - Институт по публична администрация и европейска интеграция - Национален статистически институт - Национална агенция за оценяване и акредитация - Националната агенция за професионално образование и обучение - Национална комисия за борба с трафика на хора - Агенция "Митници" - Агенция за държавна и финансова инспекция - Агенция за държавни вземания - Агенция за социално подпомагане - Агенция за хората с увреждания - Агенция по вписванията - Агенция по геодезия, картография и кадастър - Агенция по енергийна ефективност - Агенция по заетостта - Агенция по обществени поръчки - Българска агенция за инвестиции - Главна дирекция "Гражданска въздухоплавателна администрация" - Дирекция "Материално-техническо осигуряване и социално обслужване" на Министерство на вътрешните работи Дирекция "Оперативно издирване" на Министерство на вътрешните работи - Дирекция "Финансово-ресурсно осигуряване" на Министерство на вътрешните работи - Дирекция за национален строителен контрол - Държавна комисия по хазарта - Изпълнителна агенция "Автомобилна администрация" - Изпълнителна агенция "Борба с градушките" - Изпълнителна агенция "Българска служба за акредитация" - Изпълнителна агенция "Военни клубове и информация" - Изпълнителна агенция "Главна инспекция по труда" - Изпълнителна агенция "Държавна собственост на Министерството на отбраната" - Изпълнителна агенция "Железопътна администрация" - Изпълнителна агенция "Изпитвания и контролни измервания на въоръжение, техника и имущества" - Изпълнителна агенция "Морска администрация" - Изпълнителна агенция "Национален филмов център" - Изпълнителна агенция "Пристанищна администрация" - Изпълнителна агенция "Проучване и поддържане на река Дунав" - Изпълнителна агенция "Социални дейности на Министерството на отбраната" - Изпълнителна агенция за икономически анализи и прогнози - Изпълнителна агенция за насърчаване на малките и средни предприятия - Изпълнителна агенция по лекарствата - Изпълнителна агенция по лозата и виното - Изпълнителна агенция по околна среда - Изпълнителна агенция по почвените ресурси - Изпълнителна агенция по рибарство и аквакултури - Изпълнителна агенция по селекция и репродукция в животновъдството - Изпълнителна агенция по сортоизпитване, апробация и семеконтрол - Изпълнителна агенция по трансплантация - Изпълнителна агенция по хидромелиорации - Комисията за защита на потребителите - Контролно-техническата инспекция - Национален център за информация и документация - Национален център по радиобиология и радиационна защита - Национална агенция за приходите - Национална ветеринарномедицинска служба - Национална служба "Полиция" - Национална служба "Пожарна безопасност и защита на населението" - Национална служба за растителна защита - Национална служба за съвети в земеделието - Национална служба по зърното и фуражите - Служба "Военна информация" - Служба "Военна полиция" - Фонд "Републиканска пътна инфраструктура" - Авиоотряд 28 Czech Republic - Ministerstvo dopravy - Ministerstvo financí - Ministerstvo kultury - Ministerstvo obrany - Ministerstvo pro místní rozvoj - Ministerstvo práce a sociálních věcí - Ministerstvo průmyslu a obchodu - Ministerstvo spravedlnosti - Ministerstvo ńkolství, mládeņe a tělovýchovy - Ministerstvo vnitra - Ministerstvo zahraničních věcí - Ministerstvo zdravotnictví - Ministerstvo zemědělství - Ministerstvo ņivotního prostředí - Poslanecká sněmovna PČR - Senát PČR - Kancelář prezidenta - Český statistický úřad - Český úřad zeměměřičský a katastrální - Úřad průmyslového vlastnictví - Úřad pro ochranu osobních údajů - Bezpečnostní informační sluņba - Národní bezpečnostní úřad - Česká akademie věd - Vězeňská sluņba - Český báňský úřad - Úřad pro ochranu hospodářské soutěņe - Správa státních hmotných rezerv - Státní úřad pro jadernou bezpečnost - Česká národní banka - Energetický regulační úřad - Úřad vlády České republiky - Ústavní soud - Nejvyńńí soud - Nejvyńńí správní soud - Nejvyńńí státní zastupitelství - Nejvyńńí kontrolní úřad - Kancelář Veřejného ochránce práv - Grantová agentura České republiky - Státní úřad inspekce práce - Český telekomunikační úřad Denmark - Folketinget Rigsrevisionen - Statsministeriet - Udenrigsministeriet - Beskæftigelsesministeriet 5 styrelser og institutioner (5 agencies and institutions) - Domstolsstyrelsen - Finansministeriet 5 styrelser og institutioner (5 agencies and institutions) - Forsvarsministeriet 5 styrelser og institutioner (5 agencies and institutions) - Ministeriet for Sundhed og Forebyggelse Adskillige styrelser og institutioner, herunder Statens Serum Institut (Several agencies and institutions, including Statens Serum Institut) - Justitsministeriet Rigspolitichefen, anklagemyndigheden samt 1 direktorat og et antal styrelser (Commissioner of Police, the prosecutor, 1 directorate and a number of agencies) - Kirkeministeriet 10 stiftsøvrigheder (10 diocesan authorities) - Kulturministeriet - Ministry of Culture 4 styrelser samt et antal statsinstitutioner (4 departments and a number of institutions) - Miljøministeriet 5 styrelser (5 agencies) - Ministeriet for Flygtninge, Invandrere og Integration 1 styrelse (1 agency) - Ministeriet for Fødevarer, Landbrug og Fiskeri 4 direktoraterog institutioner (4 directorates and institutions) - Ministeriet for Videnskab, Teknologi og Udvikling Adskillige styrelser og institutioner, Forskningscenter Risø og Statens uddannelsesbygninger (Several agencies and institutions, including the Risoe National Laboratory and the Danish National Educational and Research Buildings) - Skatteministeriet 1 styrelse og institutioner (1 agency and several institutions) - Velfærdsministeriet 3 styrelser og institutioner (3 agencies and several institutions) - Transportministeriet 7 styrelser og institutioner, herunder Øresundsbrokonsortiet (7 agencies and institutions, including Øresundsbrokonsortiet) - Undervisningsministeriet 3 styrelser, 4 undervisningsinstitutioner og 5 andre institutioner (3 agencies, 4 educational establishments and 5 other institutions) - Økonomi- og Erhvervsministeriet Adskilligestyrelser og institutioner (Several agencies and institutions) - Klima- og Energiministeriet 3 styrelse og institutioner (3 agencies and institutions) Germany - Auswärtiges Amt - Bundeskanzleramt - Bundesministerium für Arbeit und Soziales - Bundesministerium für Bildung und Forschung - Bundesministerium für Ernährung, Landwirtschaft und Verbraucherschutz - Bundesministerium der Finanzen - Bundesministerium des Innern (civil goods only) - Bundesministerium für Gesundheit - Bundesministerium für Familie, Senioren, Frauen und Jugend - Bundesministerium der Justiz - Bundesministerium für Verkehr, Bau und Stadtentwicklung - Bundesministerium für Wirtschaft und Technologie - Bundesministerium für wirtschaftliche Zusammenarbeit und Entwicklung - Bundesministerium der Verteidigung (no military goods) - Bundesministerium für Umwelt, Naturschutz und Reaktorsicherheit Estonia - Vabariigi Presidendi Kantselei - Eesti Vabariigi Riigikogu - Eesti Vabariigi Riigikohus - Riigikontroll - Õiguskantsler - Riigikantselei - Rahvusarhiiv - Haridus- ja Teadusministeerium - Justiitsministeerium - Kaitseministeerium - Keskkonnaministeerium - Kultuuriministeerium - Majandus- ja Kommunikatsiooniministeerium - Põllumajandusministeerium - Rahandusministeerium - Siseministeerium - Sotsiaalministeerium - Välisministeerium - Keeleinspektsioon - Riigiprokuratuur - Teabeamet - Maa-amet - Keskkonnainspektsioon - Metsakaitse- ja Metsauuenduskeskus - Muinsuskaitseamet - Patendiamet - Tarbijakaitseamet - Riigihangete Amet - Taimetoodangu Inspektsioon - Põllumajanduse Registrite ja Informatsiooni Amet - Veterinaar- ja Toiduamet - Konkurentsiamet - Maksu -ja Tolliamet - Statistikaamet - Kaitsepolitseiamet - Kodakondsus- ja Migratsiooniamet - Piirivalveamet - Politseiamet - Eesti Kohtuekspertiisi Instituut - Keskkriminaalpolitsei - Päästeamet - Andmekaitse Inspektsioon - Ravimiamet - Sotsiaalkindlustusamet - Tööturuamet - Tervishoiuamet - Tervisekaitseinspektsioon - Tööinspektsioon - Lennuamet - Maanteeamet - Veeteede Amet - Julgestuspolitsei - Kaitseressursside Amet - Kaitseväe Logistikakeskus - Tehnilise Järelevalve Amet Ireland - President's Establishment - Houses of the Oireachtas (Parliament) - Department of the Taoiseach (Prime Minister) - Central Statistics Office - Department of Finance - Office of the Comptroller and Auditor General - Office of the Revenue Commissioners - Office of Public Works - State Laboratory - Office of the Attorney General - Office of the Director of Public Prosecutions - Valuation Office - Office of the Commission for Public Service Appointments - Public Appointments Service - Office of the Ombudsman - Chief State Solicitor's Office - Department of Justice, Equality and Law Reform - Courts Service - Prisons Service - Office of the Commissioners of Charitable Donations and Bequests - Department of the Environment, Heritage and Local Government - Department of Education and Science - Department of Communications, Energy and Natural Resources - Department of Agriculture, Fisheries and Food - Department of Transport - Department of Health and Children - Department of Enterprise, Trade and Employment - Department of Arts, Sports and Tourism - Department of Defence - Department of Foreign Affairs - Department of Social and Family Affairs - Department of Community, Rural and Gaeltacht Affairs (Welsh-speaking regions) - Arts Council - National Gallery.

Greece - Υπουργείο Εσωτερικών - Υπουργείο Εξωτερικών - Υπουργείο Οικονομίας και Οικονομικών - Υπουργείο Ανάπτυξης - Υπουργείο Δικαιοσύνης - Υπουργείο Εθνικής Παιδείας και Θρησκευμάτων - Υπουργείο Πολιτισμού - Υπουργείο Υγείας και Κοινωνικής Αλληλεγγύης - Υπουργείο Περιβάλλοντος, Χωροταξίας και Δημοσίων Έργων; - Υπουργείο Απασχόλησης και Κοινωνικής Προστασίας - Υπουργείο Μεταφορών και Επικοινωνιών - Υπουργείο Αγροτικής Ανάπτυξης και Τροφίμων - Υπουργείο Εμπορικής Ναυτιλίας, Αιγαίου και Νησιωτικής Πολιτικής - Υπουργείο Μακεδονίας- Θράκης - Γενική Γραμματεία Επικοινωνίας - Γενική Γραμματεία Ενημέρωσης - Γενική Γραμματεία Νέας Γενιάς - Γενική Γραμματεία Ισότητας - Γενική Γραμματεία Κοινωνικών Ασφαλίσεων - Γενική Γραμματεία Απόδημου Ελληνισμού - Γενική Γραμματεία Βιομηχανίας - Γενική Γραμματεία Έρευνας και Τεχνολογίας - Γενική Γραμματεία Αθλητισμού - Γενική Γραμματεία Δημοσίων Έργων - Γενική Γραμματεία Εθνικής Στατιστικής Υπηρεσίας Ελλάδος - Εθνικό Συμβούλιο Κοινωνικής Φροντίδας - Οργανισμός Εργατικής Κατοικίας - Εθνικό Τυπογραφείο - Γενικό Χημείο του Κράτους - Ταμείο Εθνικής Οδοποιίας - Εθνικό Καποδιστριακό Πανεπιστήμιο Αθηνών - Αριστοτέλειο Πανεπιστήμιο Θεσσαλονίκης - Δημοκρίτειο Πανεπιστήμιο Θράκης - Πανεπιστήμιο Αιγαίου - Πανεπιστήμιο Ιωαννίνων - Πανεπιστήμιο Πατρών - Πανεπιστήμιο Μακεδονίας - Πολυτεχνείο Κρήτης - Σιβιτανίδειος Δημόσια Σχολή Τεχνών και Επαγγελμάτων - Αιγηνήτειο Νοσοκομείο - Αρεταίειο Νοσοκομείο - Εθνικό Κέντρο Δημόσιας Διοίκησης - Οργανισμός Διαχείρισης Δημοσίου Υλικού - Οργανισμός Γεωργικών Ασφαλίσεων - Οργανισμός Σχολικών Κτηρίων - Γενικό Επιτελείο Στρατού - Γενικό Επιτελείο Ναυτικού - Γενικό Επιτελείο Αεροπορίας - Ελληνική Επιτροπή Ατομικής Ενέργειας - Γενική Γραμματεία Εκπαίδευσης Ενηλίκων - Υπουργείο Εθνικής Άμυνας - Γενική Γραμματεία Εμπορίου Spain - Presidencia de Gobierno - Ministerio de Asuntos Exteriores y de Cooperación - Ministerio de Justicia - Ministerio de Defensa - Ministerio de Economía y Hacienda - Ministerio del Interior - Ministerio de Fomento - Ministerio de Educación, Política Social y Deportes - Ministerio de Industria, Turismo y Comercio - Ministerio de Trabajo e Inmigración - Ministerio de la Presidencia - Ministerio de Administraciones Públicas - Ministerio de Cultura - Ministerio de Sanidad y Consumo - Ministerio de Medio Ambiente y Medio Rural y Marino - Ministerio de Vivienda - Ministerio de Ciencia e Innovación - Ministerio de Igualdad France (1) Ministries - Services du Premier ministre - Ministère chargé de la santé, de la jeunesse et des sports - Ministère chargé de l'intérieur, de l'outre-mer et des collectivités territoriales - Ministère chargé de la justice - Ministère chargé de la défense - Ministère chargé des affaires étrangères et européennes - Ministère chargé de l'éducation nationale - Ministère chargé de l'économie, des finances et de l'emploi - Secrétariat d'Etat aux transports - Secrétariat d'Etat aux entreprises et au commerce extérieur - Ministère chargé du travail, des relations sociales et de la solidarité - Ministère chargé de la culture et de la communication - Ministère chargé du budget, des comptes publics et de la fonction publique - Ministère chargé de l'agriculture et de la pêche - Ministère chargé de l'enseignement supérieur et de la recherche - Ministère chargé de l'écologie, du développement et de l'aménagement durables - Secrétariat d'Etat à la fonction publique - Ministère chargé du logement et de la ville - Secrétariat d'Etat à la coopération et à la francophonie - Secrétariat d'Etat à l'outre-mer - Secrétariat d'Etat à la jeunesse, des sports et de la vie associative - Secrétariat d'Etat aux anciens combattants - Ministère chargé de l'immigration, de l'intégration, de l'identité nationale et du co-développement - Secrétariat d'Etat en charge de la prospective et de l'évaluation des politiques publiques - Secrétariat d'Etat aux affaires européennes, - Secrétariat d'Etat aux affaires étrangères et aux droits de l'homme - Secrétariat d'Etat à la consommation et au tourisme - Secrétariat d'Etat à la politique de la ville - Secrétariat d'Etat à la solidarité - Secrétariat d'Etat en charge de l'industrie et de la consommation - Secrétariat d'Etat en charge de l'emploi - Secrétariat d'Etat en charge du commerce, de l'artisanat, des PME, du tourisme et des services - Secrétariat d'Etat en charge de l'écologie - Secrétariat d'Etat en charge du développement de la région-capitale - Secrétariat d'Etat en charge de l'aménagement du territoire (2) Institutions, independent authorities and jurisdictions - Présidence de la République - Assemblée Nationale - Sénat - Conseil constitutionnel - Conseil économique et social - Conseil supérieur de la magistrature - Agence française contre le dopage - Autorité de contrôle des assurances et des mutuelles - Autorité de contrôle des nuisances sonores aéroportuaires - Autorité de régulation des communications électroniques et des postes - Autorité de sûreté nucléaire - Autorité indépendante des marchés financiers - Comité national d'évaluation des établissements publics à caractère scientifique, culturel et professionnel - Commission d'accès aux documents administratifs - Commission consultative du secret de la défense nationale - Commission nationale des comptes de campagne et des financements politiques - Commission nationale de contrôle des interceptions de sécurité - Commission nationale de déontologie de la sécurité - Commission nationale du débat public - Commission nationale de l'informatique et des libertés - Commission des participations et des transferts - Commission de régulation de l'énergie - Commission de la sécurité des consommateurs - Commission des sondages - Commission de la transparence financière de la vie politique - Conseil de la concurrence - Conseil des ventes volontaires de meubles aux enchères publiques - Conseil supérieur de l'audiovisuel - Défenseur des enfants - Haute autorité de lutte contre les discriminations et pour l'égalité - Haute autorité de santé - Médiateur de la République - Cour de justice de la République - Tribunal des Conflits - Conseil d'Etat - Cours administratives d'appel - Tribunaux administratifs - Cour des Comptes - Chambres régionales des Comptes - Cours et tribunaux de l'ordre judiciaire (Cour de Cassation, Cours d'Appel, Tribunaux d'instance et Tribunaux de grande instance) (3) National public entities - Académie de France à Rome - Académie de marine - Académie des sciences d'outre-mer - Académie des technologies - Agence centrale des organismes de sécurité sociale (ACOSS) - Agence de biomédicine - Agence pour l'enseignement du français à l'étranger - Agence française de sécurité sanitaire des aliments - Agence française de sécurité sanitaire de l'environnement et du travail - Agence Nationale pour la cohésion sociale et l'égalité des chances - Agence nationale pour la garantie des droits des mineurs - Agences de l'eau - Agence Nationale de l'Accueil des Etrangers et des migrations - Agence nationale pour l'amélioration des conditions de travail (ANACT) - Agence nationale pour l'amélioration de l'habitat (ANAH) - Agence Nationale pour la Cohésion Sociale et l'Egalité des Chances - Agence nationale pour l'indemnisation des français d'outre-mer (ANIFOM) - Assemblée permanente des chambres d'agriculture (APCA) - Bibliothèque publique d'information - Bibliothèque nationale de France - Bibliothèque nationale et universitaire de Strasbourg - Caisse des Dépôts et Consignations - Caisse nationale des autoroutes (CNA) - Caisse nationale militaire de sécurité sociale (CNMSS) - Caisse de garantie du logement locatif social - Casa de Velasquez - Centre d'enseignement zootechnique - Centre d'études de l'emploi - Centre d'études supérieures de la sécurité sociale - Centres de formation professionnelle et de promotion agricole - Centre hospitalier des Quinze-Vingts - Centre international d'études supérieures en sciences agronomiques (Montpellier Sup Agro) - Centre des liaisons européennes et internationales de sécurité sociale - Centre des Monuments Nationaux - Centre national d'art et de culture Georges Pompidou - Centre national des arts plastiques - Centre national de la cinématographie - Centre National d'Etudes et d'expérimentation du machinisme agricole, du génie rural, des eaux et des forêts (CEMAGREF) - Centre national du livre - Centre national de documentation pédagogique - Centre national des oeuvres universitaires et scolaires (CNOUS) - Centre national professionnel de la propriété forestière - Centre National de la Recherche Scientifique (C.N.R.S) - Centres d'éducation populaire et de sport (CREPS) - Centres régionaux des oeuvres universitaires (CROUS) - Collège de France - Conservatoire de l'espace littoral et des rivages lacustres - Conservatoire National des Arts et Métiers - Conservatoire national supérieur de musique et de danse de Paris - Conservatoire national supérieur de musique et de danse de Lyon - Conservatoire national supérieur d'art dramatique - École centrale de Lille - École centrale de Lyon - École centrale des arts et manufactures - École française d'archéologie d'Athènes - École française d'Extrême-Orient - École française de Rome - École des hautes études en sciences sociales - École du Louvre - École nationale d'administration - École nationale de l'aviation civile (ENAC) - École nationale des Chartes - École nationale d'équitation - École Nationale du Génie de l'Eau et de l'environnement de Strasbourg - Écoles nationales d'ingénieurs - École nationale d'ingénieurs des industries des techniques agricoles et alimentaires de Nantes - Écoles nationales d'ingénieurs des travaux agricoles - École nationale de la magistrature - Écoles nationales de la marine marchande - École nationale de la santé publique (ENSP) - École nationale de ski et d'alpinisme - École nationale supérieure des arts décoratifs - École nationale supérieure des arts et techniques du théâtre - École nationale supérieure des arts et industries textiles Roubaix - Écoles nationales supérieures d'arts et métiers - École nationale supérieure des beaux-arts - École nationale supérieure de céramique industrielle - École nationale supérieure de l'électronique et de ses applications (ENSEA) - École nationale supérieure du paysage de Versailles - École Nationale Supérieure des Sciences de l'information et des bibliothécaires - École nationale supérieure de la sécurité sociale - Écoles nationales vétérinaires - École nationale de voile - École normales supérieures - École polytechnique - École technique professionnelle agricole et forestière de Meymac (Corrèze) - École de sylviculture Crogny (Aube) - École de viticulture et d'oenologie de la Tour- Blanche (Gironde) - École de viticulture - Avize (Marne) - Établissement national d'enseignement agronomique de Dijon - Établissement national des invalides de la marine (ENIM) - Établissement national de bienfaisance Koenigswarter - Établissement public du musée et du domaine national de Versailles - Fondation Carnegie - Fondation Singer-Polignac - Haras nationaux - Hôpital national de Saint-Maurice - Institut des hautes études pour la science et la technologie - Institut français d'archéologie orientale du Caire - Institut géographique national - Institut National de l'origine et de la qualité - Institut national des hautes études de sécurité - Institut de veille sanitaire - Institut National d'enseignement supérieur et de recherche agronomique et agroalimentaire de Rennes - Institut National d'Etudes Démographiques (I.N.E.D) - Institut National d'Horticulture - Institut National de la jeunesse et de l'éducation populaire - Institut national des jeunes aveugles - Paris - Institut national des jeunes sourds - Bordeaux - Institut national des jeunes sourds - Chambéry - Institut national des jeunes sourds - Metz - Institut national des jeunes sourds - Paris - Institut national de physique nucléaire et de physique des particules (I.N.P.N.P.P) - Institut national de la propriété industrielle - Institut National de la Recherche Agronomique (I.N.R.A) - Institut National de la Recherche Pédagogique (I.N.R.P) - Institut National de la Santé et de la Recherche Médicale (I.N.S.E.R.M) - Institut national d'histoire de l'art (I.N.H.A.)

- National Institute for Preventive Archaeological Research - National Institute of Sciences of the Universe - National Institute of Sports and Physical Education - National Higher Institute for Training and Research for the Education of Young Disabled People and Special Needs Education - National Polytechnic Institutes - National Institutes of Applied Sciences - National Institute for Research in Computer Science and Automation (INRIA) - National Institute for Research on Transport and their Safety (INRETS) - Research Institute for Development - Regional Institutes of Administration - Institute of Life and Environmental Sciences and Industries (Agro Paris Tech) - Higher Institute of Mechanics of Paris - University Teacher Training Institutes - Army Museum - Gustave-Moreau Museum - National Navy Museum - J.-J.-Henner National Museum - Louvre Museum - Quai Branly Museum - National Museum of Natural History - Auguste-Rodin Museum - Paris Observatory - French Office for the Protection of Refugees and Stateless Persons - National Office for Veterans and Victims of War (ONAC) - National Office for Hunting and Wildlife - National Office for Water and Aquatic Environments - National Office for Information on Education and Professions (ONISEP) - French University and Cultural Office for Algeria - National Order of the Legion of Honour - Palace of Discovery - National Parks - Universities (4) Other national public entities - Union of Public Purchasing Groups (UGAP) - National Employment Agency (A.N.P.E) - National Family Allowances Fund (CNAF) - National Health Insurance Fund for Salaried Workers (CNAMS) - National Old-Age Insurance Fund for Salaried Workers (CNAVTS) Italy (1) Purchasing bodies - Presidency of the Council of Ministers - Ministry of Foreign Affairs - Ministry of the Interior - Ministry of Justice and Judicial Offices (excluding justices of the peace) - Ministry of Defence - Ministry of Economy and Finance - Ministry of Economic Development - Ministry of Agricultural, Food and Forestry Policies - Ministry of the Environment and Protection of the Territory and the Sea - Ministry of Infrastructure and Transport - Ministry of Labour, Health and Social Policies - Ministry of Education, University and Research - Ministry for Cultural Heritage and Activities, including its peripheral branches (2) Other national public entities - CONSIP (Concessionaria Servizi Informatici Pubblici) Cyprus - Presidency and Presidential Mansion - Council of Ministers - Government Advisory Board - House of Representatives - Judicial Service - Law Office of the Republic - Audit Office of the Republic - Public Service Commission - Educational Service Commission - Council of Public Sector Tenders - Treasury of the Republic - Internal Audit Service - Council for the Registration of Developers - Council for the Registration of Real Estate Agents - Independent Authority for the Prevention of Corruption - Independent Authority for the Investigation of Allegations and Complaints against the Police - Ministry of Defence - Ministry of Agriculture, Natural Resources and Environment - Department of Agriculture - State Veterinary Services - Department of Forests - Department of Water Development - Department of Geological Survey - Meteorological Service - Department of Fisheries and Marine Research - Institute of Agricultural Research - Ministry of Justice and Public Order - Police - Cyprus Fire Service - Prison Department - Ministry of Commerce, Industry and Tourism - Department of Registrar of Companies and Official Receiver - Ministry of Labour and Social Insurance - Department of Labour - Department of Social Insurance - Social Welfare Services - Productivity Centre of Cyprus - Higher Hotel Institute of Cyprus - Cyprus Higher Technical Institute - Department of Information Technology Services - Department of Industrial Relations - Ministry of the Interior - District Administrations - Department of Town Planning and Housing - Department of the Registrar of Companies and Official Receiver - Department of Lands and Surveys - Civil Defence Force - Ministry of Finance - Customs and Excise Department - Department of Internal Audit - Statistical Service - State Treasury - Department of Public Administration and Personnel - Government Printing Office - Department of Information Technology Services - Ministry of Education and Culture - Ministry of Health - Pharmaceutical Services - State Chemistry Laboratory - Medical Services and Public Health Services - Nursing Services - Mental Health Services - Dental Services - Ministry of Communications and Works - Ministry of Economy - Competition and State Aid Service - Ministry of the Interior - Ministry of Foreign Affairs - All Ministries - All Deputy Ministries - All General Secretariats - All Special Secretariats Latvia (1) Ministries, secretariats of ministers for special assignments and their subordinate institutions - Ministry of Defence and its subordinate institutions - Ministry of Foreign Affairs and its subordinate institutions - Ministry of Children and Family Affairs and its subordinate institutions - Ministry of Economics and its subordinate institutions - Ministry of Finance and its subordinate institutions - Ministry of the Interior and its subordinate institutions - Ministry of Education and Science and its subordinate institutions - Ministry of Culture and its subordinate institutions - Ministry of Welfare and its subordinate institutions - Ministry of Regional Development and Local Government Affairs and its subordinate institutions - Ministry of Transport and its subordinate institutions - Ministry of Justice and its subordinate institutions - Ministry of Health and its subordinate institutions - Ministry of the Environment and its subordinate institutions - Ministry of Agriculture and its subordinate institutions - Secretariats of Ministers for Special Assignments and their subordinate institutions - Constitution Protection Bureau (2) Other state institutions - Supreme Court - Central Election Commission - Financial and Capital Market Commission - Bank of Latvia - Prosecutor's Office and its supervised institutions - Chancellery of the Saeima and its subordinate institutions - Constitutional Court - State Chancellery and its subordinate institutions - State Audit Office - Chancellery of the State President - Ombudsman's Office - National Radio and Television Council - Other state institutions not subordinate to ministries (Other state institutions not subordinate to the ministries) Lithuania - Office of the President - Office of the Seimas - Institutions accountable to the Seimas [Parliament]:

- Lithuanian Science Council - Office of the Seimas Ombudsmen - State Control - Special Investigation Service - State Security Department - Competition Council - Genocide and Resistance Research Centre of Lithuania - Securities Commission - Communications Regulatory Authority - National Health Council - Council for the Protection of Ethnic Culture - Office of the Equal Opportunities Ombudsman - State Commission for Cultural Heritage - Office of the Ombudsman for Children's Rights Protection - State Price and Energy Control Commission - State Commission of the Lithuanian Language - Central Electoral Commission - Chief Commission of Official Ethics - Office of the Inspector of Journalist Ethics - Office of the Government - Institutions accountable to the Vyriausybė (Government):

- Weaponry Fund - Information Society Development Committee - Department of Physical Education and Sports - Lithuanian Archives Department - Tax Disputes Commission - Department of Statistics - Department of National Minorities and Emigration - State Tobacco and Alcohol Control Service - Public Procurement Service - Drug Control Department - State Nuclear Power Safety Inspectorate - State Data Protection Inspectorate - State Food and Veterinary Service - Chief Administrative Disputes Commission - Insurance Supervisory Commission - Lithuanian State Science and Studies Fund - Information Centre for the Return of Lithuanians to the Homeland - Constitutional Court - Bank of Lithuania - Ministry of Environment - Institutions under the Aplinkos ministerija (Ministry of Environment):

- General Forest Enterprise - Lithuanian Geological Survey - Lithuanian Hydrometeorological Service - Lithuanian Standards Board - National Accreditation Bureau - State Metrology Service - State Protected Areas Service - State Territorial Planning and Construction Inspectorate - Ministry of Finance - Institutions under the Finansų ministerija (Ministry of Finance):

- Customs Department - State Document Technological Protection Service - State Tax Inspectorate - Ministry of Finance Training Centre - State Gaming Control Commission - Ministry of National Defence - Institutions under the Krańto apsaugos ministerija (Ministry of National Defence):

- Second Operational Services Department - Centralised Finance and Property Service - Military Conscription Administration Service - National Defence Archive - Crisis Management Centre - Mobilisation Department - Communication and Information Systems Service - Infrastructure Development Department - State Civil Resistance Training Centre - Lithuanian Armed Forces - Military units and services of the National Defence system - Ministry of Culture - Institutions under the Kultūros ministerija (Ministry of Culture):

- Cultural Heritage Department - State Language Inspectorate - Ministry of Social Security and Labour - Institutions under the Socialinės apsaugos ir darbo ministerija (Ministry of Social Security and Labour):

- Guarantee Fund Administration - State Child Rights Protection and Adoption Service - Lithuanian Labour Exchange - Lithuanian Labour Market Training Service - Tripartite Council Secretariat - Social Services Supervision Department - Labour Inspectorate - State Social Insurance Fund Board - Disability and Working Capacity Assessment Service - Disputes Commission - Technical Assistance Centre for the Disabled - Department of Affairs for the Disabled - Ministry of Transport and Communications - Institutions under the Susisiekimo ministerija (Ministry of Transport and Communications):

- Lithuanian Road Administration - State Railway Inspectorate - State Road Transport Inspectorate - Border Checkpoint Directorate - Ministry of Health - Institutions under the Sveikatos apsaugos ministerija (Ministry of Health):

- State Health Care Accreditation Service - State Patient Fund - State Medical Audit Inspectorate - State Medicines Control Service - State Forensic Psychiatry and Narcology Service - State Public Health Supervision Service - Pharmacy Department - Extreme Health Situations Centre - Lithuanian Bioethics Committee - Radiation Protection Centre - Ministry of Education and Science - Institutions under the Ńvietimo ir mokslo ministerija (Ministry of Education and Science):

- National Examination Centre - Study Quality Assessment Centre - Ministry of Justice - Institutions under the Teisingumo ministerija (Ministry of Justice):

- Prison Department - National Consumer Rights Protection Council - European Law Department - Ministry of Economy - Institutions under the Ūkio ministerija (Ministry of Economy):

- Enterprise Bankruptcy Management Department - State Energy Inspectorate - State Non-Food Products Inspectorate - State Tourism Department - Ministry of Foreign Affairs - Diplomatic representations and consular posts abroad and representations to international organisations - Ministry of the Interior - Institutions under the Vidaus reikalų ministerija (Ministry of the Interior):

- Personal Document Issuing Centre - Financial Crime Investigation Service - Residents' Register Service - Police Department - Fire Protection and Rescue Department - Property Management and Economy Department - Leadership Protection Department - State Border Guard Service - Civil Service Department - Informatics and Communications Department - Migration Department - Health Care Service - General Assistance Centre - Ministry of Agriculture - Institutions under the Ņemės ūkio ministerija (Ministry of Agriculture):

- National Paying Agency - National Land Service - State Plant Protection Service - State Livestock Breeding Supervision Service - State Seed and Grain Service - Fisheries Department - Courts (Courts):

- Supreme Court of Lithuania - Court of Appeal of Lithuania - Supreme Administrative Court of Lithuania - regional courts - regional administrative courts - district courts - National Courts Administration - Prosecutor General's Office - Other Entities of the Public Administration (institucijos (institutions), įstaigos (establishments), tarnybos (agencies)) - Environmental Protection Agency - State Environmental Protection Inspectorate - Environmental Projects Management Agency - Forest Genetic Resources, Seeds and Seedlings Service - Forest Sanitary Protection Service - State Forest Management Service - National Public Health Research Centre - Lithuanian AIDS Centre - National Organ Transplantation Bureau - State Pathology Centre - State Mental Health Centre - Lithuanian Health Information Centre - Nursing Staff Development and Specialisation Centre - State Environmental Health Centre - Republican Nutrition Centre - Centre for Communicable Disease Prevention and Control - Trakai Public Health Supervision and Specialist Development Centre - Public Health Education Centre - Customs Criminal Service - Customs Information Systems Centre - Customs Laboratory - Customs Training Centre - State Patent Bureau - Lithuanian Forensic Science Centre - Central Mortgage Office - Lithuanian Metrology Inspectorate - Civil Aviation Administration - Lithuanian Maritime Safety Administration - Transport Investment Directorate - State Inland Waterway Navigation Inspectorate - Refugee Reception Centre Luxembourg - Ministry of State - Ministry of Foreign Affairs and Immigration - Ministry of Agriculture, Viticulture and Rural Development - Ministry of Small and Medium-Sized Businesses, Tourism and Housing - Ministry of Culture, Higher Education and Research - Ministry of the Economy and Foreign Trade - Ministry of National Education and Vocational Training - Ministry of Equal Opportunities - Ministry of the Environment - Ministry of the Family and Integration - Ministry of Finance - Ministry of the Civil Service and Administrative Reform - Ministry of the Interior and Spatial Planning - Ministry of - Ministry of Health - Ministry of Social Security - Ministry of Transport - Ministry of Labour and Employment - Ministry of Public Works Hungary - Ministry of Health - Ministry of Agriculture and Rural Development - Ministry of Economy and Transport - Ministry of Defence - Ministry of Justice and Law Enforcement - Ministry of Environment and Water - Ministry of Foreign Affairs - Prime Minister's Office - Ministry of Education and Culture - Ministry of Local Government and Regional Development - Ministry of Finance - Ministry of Social Affairs and Labour - Central Services Directorate General Malta - Uffiċċju tal-Prim Ministru (Office of the Prime Minister) [Office of the Prime Minister] - Ministeru għall-Familja u Solidarjeta' Soċjali (Ministry for the Family and Social Solidarity) [Ministry for the Family and Social Solidarity] - Ministeru ta' l-Edukazzjoni Zghazagh u Impjieg (Ministry for Education Youth and Employment) [Ministry for Education, Youth and Employment] - Ministeru tal-Finanzi (Ministry of Finance) [Ministry of Finance] - Ministeru tar-Riżorsi u l-Infrastruttura (Ministry for Resources and Infrastructure) [Ministry for Resources and Infrastructure] - Ministeru tat-Turiżmu u Kultura (Ministry for Tourism and Culture) [Ministry of Tourism and Culture] - Ministeru tal-Ġustizzja u l-Intern (Ministry for Justice and Home Affairs) [Ministry of Justice and the Interior] - Ministeru għall-Affarijiet Rurali u l-Ambjent (Ministry for Rural Affairs and the Environment) [Ministry for Rural Affairs and the Environment] - Ministeru għal Għawdex (Ministry for Gozo) [Ministry for Gozo] - Ministeru tas-Saħħa, l-Anzjani u Kura fil-Kommunita' (Ministry of Health, the Elderly and Community Care) [Ministry of Health, the Elderly and Community Care] - Ministeru ta' l-Affarijiet Barranin (Ministry of Foreign Affairs) [Ministry of Foreign Affairs] - Ministeru għall-Investimenti, Industrija u Teknologija ta' Informazzjoni (Ministry for Investment, Industry and Information Technology) [Ministry for Investment, Industry and Information Technology] - Ministeru għall-Kompetittivà u Komunikazzjoni (Ministry for Competitiveness and Communications) [Ministry for Competitiveness and Communications] - Ministeru għall-Iżvilupp Urban u Toroq (Ministry for Urban Development and Roads) [Ministry for Urban Development and Roads] Netherlands - Ministry of General Affairs - Administrative Department - Bureau of the Scientific Council for Government Policy - Government Information Service - Ministry of the Interior and Kingdom Relations - Administrative Department - Central Archive Selection Service (CAS) - General Intelligence and Security Service (AIVD) - Agency for Personal Records and Travel Documents (BPR) - Agency for National Police Services - Ministry of Foreign Affairs - Directorate-General for Regional Policy and Consular Affairs (DGRC) - Directorate-General for Political Affairs (DGPZ) - Directorate-General for International Cooperation (DGIS) - Directorate-General for European Cooperation (DGES) - Centre for the Promotion of Imports from Developing Countries (CBI) - Central services falling under S/PlvS (Support services within the General Secretariat and the Deputy General Secretariat) - Foreign Missions (each individually) - Ministry of Defence - (Ministry of Defence) - Administrative Department - Commando Diensten Centra (CDC) - Defence Telematics Organisation (DTO) - Central Directorate of the Defence Real Estate Service - The individual regional directorates of the Defence Real Estate Service - Defence Materiel Organisation (DMO) - National Supply Company of the Defence Materiel Organisation - Logistics Centre of the Defence Materiel Organisation - Naval Establishment of the Defence Materiel Organisation - Defence Pipeline Organisation (DPO) - Ministry of Economic Affairs - Administrative Department - Central Planning Bureau (CPB) - SenterNovem - State Supervision of Mines (SodM) - Netherlands Competition Authority (NMa) - Economic Information Service (EVD) - Telecom Agency - Professional and Innovative Procurement Expertise Centre, Network for Public Sector Contracting Authorities (PIANOo) - Directorate for Public Sector Procurement - Netherlands Patent Office - Consumer Authority - Ministry of Finance - Administrative Department - Tax and Customs Administration Automation Centre - Tax and Customs Administration - the individual Directorates of the Tax and Customs Administration (the various Tax and Customs Administration Divisions throughout the Netherlands) - Fiscal Intelligence and Investigation Service (incl. Economic Control Service (ECD)) - Tax and Customs Administration Training - State Property Service - Ministry of Justice - Administrative Department - Correctional Institutions Service - Child Care and Protection Board - Central Fine Collection Bureau - Public Prosecution Service - Immigration and Naturalisation Service - Netherlands Forensic Institute - Return and Departure Service - Ministry of Agriculture, Nature and Food Quality - Administrative Department - Regulation Service (DR) - Plant Protection Service (PD) - General Inspection Service (AID) - Rural Areas Service (DLG) - Food and Consumer Product Safety Authority (VWA) - Ministry of Education, Culture and Science - Administrative Department - Inspectorate of Education - Inspectorate for Cultural Heritage - Central Funding Institutions - National Archives - Advisory Council for Science and Technology Policy - Education Council - Council for Culture - Ministry of Social Affairs and Employment - Administrative Department - Work and Income Inspectorate - SZW Agency - Ministry of Transport, Public Works and Water Management - Administrative Department - Directorate-General for Transport and Aviation - Directorate-General for Passenger Transport - Directorate-General for Water - Central Services (Central Services) - Shared Services Organisation for Transport and Water Management - Royal Netherlands Meteorological Institute KNMI - Rijkswaterstaat, Board - The individual regional Services of Rijkswaterstaat (Each individual regional service of the Directorate-General for Public Works and Water Management) - The individual specialist services of Rijkswaterstaat (Each individual specialist service of the Directorate-General for Public Works and Water Management) - Advisory Service for Geo-Information and ICT - Advisory Service for Traffic and Transport (AVV) - Construction Service - Corporate Service - Data ICT Service - Traffic and Shipping Service - Road and Hydraulic Engineering Service (DWW) - National Institute for Coastal and Marine Management (RIKZ) - National Institute for Integrated Freshwater Management and Wastewater Treatment (RIZA) - Water Service - Inspectorate for Transport and Water Management, Head Directorate - Port State Control - Directorate for Supervision Development Communication and Research (TCO) - Supervisor Management Unit Air - Supervisor Management Unit Water - Supervisor Management Unit Land - Ministry of Housing, Spatial Planning and the Environment - Administrative Department - Directorate-General for Housing, Neighbourhoods and Integration - Directorate-General for Spatial Policy - Directorate-General for the Environment - Government Buildings Service - VROM Inspectorate - Ministry of Health, Welfare and Sport - Administrative Department - Health Protection, Food and Veterinary Affairs Inspectorate - Health Care Inspectorate - Youth Care and Youth Protection Inspectorate - National Institute for Public Health and the Environment (RIVM) - Social and Cultural Planning Office - Agency for the Medicines Evaluation Board - Second Chamber of the States General - First Chamber of the States General - Council of State - Court of Audit - National Ombudsman - Chancellery of the Dutch Orders - Cabinet of the Queen - Council for the Judiciary and the Courts Austria - Federal Chancellery - Federal Ministry for European and International Affairs - Federal Ministry of Finance - Federal Ministry of Health, Family and Youth - Federal Ministry of the Interior - Federal Ministry of Justice - Federal Ministry of Defence - Federal Ministry of Agriculture and Forestry, Environment and Water Management - Federal Ministry of Social Affairs and Consumer Protection - Federal Ministry of Education, Arts and Culture - Federal Ministry of Transport, Innovation and Technology - Federal Ministry of Economic Affairs and Labour - Federal Ministry of Science and Research - Austrian Research and Testing Centre Arsenal GmbH - Federal Procurement GmbH - Federal Computing Centre GmbH Poland - Chancellery of the President of the Republic of Poland - Chancellery of the Sejm of the Republic of Poland - Chancellery of the Senate of the Republic of Poland - Chancellery of the Prime Minister - Supreme Court - Supreme Administrative Court - Voivodeship administrative courts - Common courts - district, regional and appellate - Constitutional Tribunal - Supreme Audit Office - Office of the Ombudsman for Civil Rights - Office of the Ombudsman for Children's Rights - Government Protection Bureau - National Security Bureau - Central Anti-Corruption Bureau - Ministry of Labour and Social Policy - Ministry of Finance - Ministry of Economy - Ministry of Regional Development - Ministry of Culture and National Heritage - Ministry of National Education - Ministry of National Defence - Ministry of Agriculture and Rural Development - Ministry of the State Treasury - Ministry of Justice - Ministry of Infrastructure - Ministry of Science and Higher Education - Ministry of the Environment - Ministry of the Interior and Administration - Ministry of Foreign Affairs - Ministry of Health - Ministry of Sport and Tourism - Office of the Committee for European Integration - Patent Office of the Republic of Poland - Energy Regulatory Office - Office for Veterans and Repressed Persons - Railway Transport Office - Office of Technical Inspection - Office for Registration of Medicinal Products, Medical Devices and Biocidal Products - Office for Repatriation and Foreigners - Public Procurement Office - Office of Competition and Consumer Protection - Civil Aviation Office - Office of Electronic Communications - State Mining Authority - Central Office of Measures - Central Office of Geodesy and Cartography - Central Office of Building Supervision - Central Statistical Office - National Broadcasting Council - Inspector General for Personal Data Protection - State Electoral Commission - National Labour Inspectorate - Government Legislation Centre - National Health Fund - Polish Academy of Sciences - Polish Centre for Accreditation - Polish Centre for Testing and Certification - Polish Tourism Organisation - Polish Committee for Standardisation - Social Insurance Institution - Financial Supervision Commission - Central Directorate of State Archives - Agricultural Social Insurance Fund - General Directorate for National Roads and Motorways - State Plant Protection and Seed Inspection Service - National Headquarters of the State Fire Service - National Headquarters of the Police - National Headquarters of the Border Guard - Inspection of Commercial Quality of Agrifood Products - Chief Inspectorate for Environmental Protection - Chief Inspectorate for Road Transport - Chief Pharmaceutical Inspectorate - Chief Sanitary Inspectorate - Chief Veterinary Inspectorate - Internal Security Agency - Foreign Intelligence Agency - Military Property Agency - Military Housing Agency - Agency for Restructuring and Modernisation of Agriculture - Agricultural Market Agency - Agricultural Property Agency - State Atomic Energy Agency - Polish Air Navigation Services Agency - State Agency for the Prevention of Alcohol-Related Problems - Material Reserves Agency - National Bank of Poland - National Fund for Environmental Protection and Water Management - State Fund for the Rehabilitation of the Disabled - Institute of National Remembrance - Commission for the Prosecution of Crimes Against the Polish Nation - Council for the Protection of Struggle and Martyrdom Sites - Customs Service of the Republic of Poland - State Forest Enterprise "Lasy Państwowe" - Polish Agency for Enterprise Development - Voivodeship offices - Independent Public Health Care Centres, if their founding body is a minister, a central government administration authority, or a voivode Portugal - Presidency of the Council of Ministers - Ministry of Finance and Public Administration - Ministry of National Defence - Ministry of Foreign Affairs - Ministry of Internal Administration - Ministry of Justice - Ministry of Economy and Innovation - Ministry of Agriculture, Rural Development and Fisheries - Ministry of Education - Ministry of Science, Technology and Higher Education - Ministry of Culture - Ministry of Health - Ministry of Labour and Social Solidarity - Ministry of Public Works, Transport and Communications - Ministry of the Environment, Spatial Planning and Regional Development - Presidency of the Republic - Constitutional Court - Court of Auditors - Ombudsman's Office Romania - Presidential Administration - Senate of Romania - Chamber of Deputies - High Court of Cassation and Justice - Constitutional Court - Legislative Council - Court of Auditors - Superior Council of the Magistracy - Prosecutor's Office attached to the High Court of Cassation and Justice - General Secretariat of the Government - Chancellery of the Prime Minister - Ministry of Foreign Affairs - Ministry of Economy and Finance - Ministry of Justice - Ministry of Defence - Ministry of the Interior and Administrative Reform - Ministry of Labour, Family and Equal Opportunities - Ministry for Small and Medium-Sized Enterprises, Trade, Tourism and Liberal Professions - Ministry of Agriculture and Rural Development - Ministry of Transport - Ministry of Development, Public Works and Housing - Ministry of Education, Research and Youth - Ministry of Public Health - Ministry of Culture and Religious Affairs - Ministry of Communications and Information Technology - Ministry of Environment and Sustainable Development - Romanian Intelligence Service - Foreign Intelligence Service - Protection and Guard Service - Special Telecommunications Service - National Audiovisual Council - Competition Council (CC) - National Anti-Corruption Directorate - General Inspectorate of Police - National Authority for the Regulation and Monitoring of Public Procurement - National Council for the Resolution of Disputes - National Authority for Regulating Community Public Utility Services (ANRSC) - National Sanitary Veterinary and Food Safety Authority - National Authority for Consumer Protection - Romanian Naval Authority - Romanian Railway Authority - Romanian Road Authority - National Authority for the Protection of Children's Rights - National Authority for Persons with Disabilities - National Authority for Tourism - National Authority for Property Restitution - National Authority for Youth - National Authority for Scientific Research - National Authority for Regulation in Communications and Information Technology - National Authority for Information Society Services - Permanent Electoral Authority - Agency for Government Strategies - National Medicines Agency - National Agency for Sport - National Agency for Employment - National Energy Regulatory Agency - Romanian Agency for Energy Conservation - National Agency for Mineral Resources - Romanian Agency for Foreign Investment - National Agency for Small and Medium-Sized Enterprises and Cooperation - National Agency of Civil Servants - National Tax Administration Agency - Compensation Agency for Special Technology Acquisitions - National Anti-Doping Agency - Nuclear Agency - National Agency for Family Protection - National Agency for Equal Opportunities between Men and Women - National Environmental Protection Agency - National Anti-Drug Agency Slovenia - President of the Republic of Slovenia - National Assembly of the Republic of Slovenia - National Council of the Republic of Slovenia - Human Rights Ombudsman - Constitutional Court of the Republic of Slovenia - Court of Audit of the Republic of Slovenia - National Review Commission for Reviewing Public Procurement Award Procedures - Slovenian Academy of Sciences and Arts - Government Services - Ministry of Finance - Ministry of the Interior - Ministry of Foreign Affairs - Ministry of Defence - Ministry of Justice - Ministry of the Economy - Ministry of Agriculture, Forestry and Food - Ministry of Transport - Ministry of the Environment and Spatial Planning - Ministry of Labour, Family and Social Affairs - Ministry of Health - Ministry of Public Administration - Ministry of Education and Sport - Ministry of Higher Education, Science and Technology - Ministry of Culture - Supreme Court of the Republic of Slovenia - higher courts - district courts - local courts - Supreme State Prosecutor's Office of the Republic of Slovenia - district state prosecutor's offices - State Attorney's Office - Administrative Court of the Republic of Slovenia - Higher Labour and Social Court - labour courts - Tax Administration of the Republic of Slovenia - Customs Administration of the Republic of Slovenia - Office of the Republic of Slovenia for Money Laundering Prevention - Office of the Republic of Slovenia for the Supervision of Games of Chance - Administration of the Republic of Slovenia for Public Payments - Office of the Republic of Slovenia for Budget Supervision - Police - Inspectorate of the Republic of Slovenia for the Interior - General Staff of the Slovenian Armed Forces - Administration of the Republic of Slovenia for Civil Protection and Disaster Relief - Inspectorate of the Republic of Slovenia for Defence - Inspectorate of the Republic of Slovenia for Protection against Natural and Other Disasters - Administration of the Republic of Slovenia for the Enforcement of Criminal Sanctions - Office of the Republic of Slovenia for the Protection of Competition - Office of the Republic of Slovenia for Consumer Protection - Market Inspectorate of the Republic of Slovenia - Office of the Republic of Slovenia for Intellectual Property - Inspectorate of the Republic of Slovenia for Electronic Communications, Electronic Signatures and Postal Services - Inspectorate for Energy and Mining - Agency of the Republic of Slovenia for Agricultural Markets and Rural Development - Inspectorate of the Republic of Slovenia for Agriculture, Forestry and Food - Phytosanitary Administration of the Republic of Slovenia - Veterinary Administration of the Republic of Slovenia - Administration of the Republic of Slovenia for Maritime Affairs - Directorate of the Republic of Slovenia for Roads - Transport Inspectorate of the Republic of Slovenia - Directorate for Managing Investments in Public Railway Infrastructure - Environment Agency of the Republic of Slovenia - Surveying and Mapping Authority of the Republic of Slovenia - Administration of the Republic of Slovenia for Nuclear Safety - Inspectorate of the Republic of Slovenia for the Environment and Spatial Planning - Inspectorate of the Republic of Slovenia for Labour - Health Inspectorate - Office of the Republic of Slovenia for Chemicals - Administration of the Republic of Slovenia for Radiation Protection - Office of the Republic of Slovenia for Metrology - Higher Education Office - Office of the Republic of Slovenia for Youth - Inspectorate of the Republic of Slovenia for Education and Sport - Archives of the Republic of Slovenia - Inspectorate of the Republic of Slovenia for Culture and Media - Office of the President of the Government of the Republic of Slovenia - General Secretariat of the Government of the Republic of Slovenia - Government Legislative Service - Government European Affairs Service - Government Service for Local Self-Government and Regional Policy - Government Communication Office - Office for Equal Opportunities - Office for Religious Communities - Office for Nationalities - Office for Macroeconomic Analysis and Development - Statistical Office of the Republic of Slovenia - Slovenian Intelligence and Security Agency - Protocol of the Republic of Slovenia - Office for the Protection of Classified Information - Office for Slovenes Abroad - Government Service of the Republic of Slovenia for Development - Information Commissioner - State Election Commission Slovakia Ministries and other central government authorities indicated as such in Act No. 575/2001 Coll. on the structure of the activities of the Government and the central state administration authorities, as amended:

- Office of the President of the Slovak Republic - National Council of the Slovak Republic - Ministry of Economy of the Slovak Republic - Ministry of Finance of the Slovak Republic - Ministry of Transport, Posts and Telecommunications of the Slovak Republic - Ministry of Agriculture of the Slovak Republic - Ministry of Construction and Regional Development of the Slovak Republic - Ministry of the Interior of the Slovak Republic - Ministry of Defence of the Slovak Republic - Ministry of Justice of the Slovak Republic - Ministry of Foreign Affairs of the Slovak Republic - Ministry of Labour, Social Affairs and Family of the Slovak Republic - Ministry of the Environment of the Slovak Republic - Ministry of Education of the Slovak Republic - Ministry of Culture of the Slovak Republic - Ministry of Health of the Slovak Republic - Government Office of the Slovak Republic - Antimonopoly Office of the Slovak Republic - Statistical Office of the Slovak Republic - Office of Geodesy, Cartography and Cadastre of the Slovak Republic - Nuclear Regulatory Authority of the Slovak Republic - Office for Standardization, Metrology and Testing of the Slovak Republic - Public Procurement Office - Industrial Property Office of the Slovak Republic - Administration of State Material Reserves of the Slovak Republic - National Security Authority - Constitutional Court of the Slovak Republic - Supreme Court of the Slovak Republic - General Prosecutor's Office of the Slovak Republic - Supreme Audit Office of the Slovak Republic - Telecommunications Office of the Slovak Republic - Financial Market Authority - Office for Personal Data Protection of the Slovak Republic - Office of the Public Defender of Rights Finland - Office of the Chancellor of Justice – Justitiekanslersämbetet - Ministry of Transport and Communications – Kommunikationsministeriet - Vehicle Administration Centre AKE – Fordonsförvaltningscentralen AKE - Civil Aviation Administration – Luftfartsförvaltningen - Finnish Meteorological Institute – Meteorologiska institutet - Finnish Maritime Administration – Sjöfartsverket - Institute of Marine Research – Havsforskningsinstitutet - Finnish Rail Administration RHK – Banförvaltningscentralen RHK - Finnish Railway Agency – Järnvägsverket - Finnish Road Administration – Vägförvaltningen - Finnish Communications Regulatory Authority – Kommunikationsverket - Ministry of Agriculture and Forestry – Jord- Och Skogsbruksministeriet - Finnish Food Safety Authority – Livsmedelssäkerhetsverket - National Land Survey of Finland – Lantmäteriverket - Finnish Rural Agency – Landsbygdsverket - Ministry of Justice – Justitieministeriet - Office of the Data Protection Ombudsman – Dataombudsmannens byrå - Courts – domstolar - Supreme Court – Högsta domstolen - Supreme Administrative Court – Högsta förvaltningsdomstolen - Courts of Appeal – hovrätter - District Courts – tingsrätter - Administrative Courts – förvaltningsdomstolar - Market Court – Marknadsdomstolen - Labour Court – Arbetsdomstolen - Insurance Court – Försäkringsdomstolen - Consumer Disputes Board – Konsumenttvistenämnden - Prison Administration – Fångvårdsväsendet - HEUNI – European Institute for Crime Prevention and Control, affiliated with the United Nations – HEUNI – Europeiska institutet för kriminalpolitik, verksamt i anslutning till Förenta Nationerna - Office of the Bankruptcy Ombudsman – Konkursombudsmannens byrå - Consumer Disputes Board – Konsumenttvistenämnden - Justice Administration Service Centre – Justitieförvaltningens servicecentral - Justice Administration Data Technology Centre – Justitieförvaltningens datateknikcentral - National Research Institute of Legal Policy (Optula) – Rättspolitiska forskningsinstitutet - Legal Register Centre – Rättsregistercentralen - Safety Investigation Authority – Centralen för undersökning av olyckor - Criminal Sanctions Agency – Brottspåföljdsverket - Training Centre of the Criminal Sanctions Area – Brottspåföljdsområdets utbildningscentral - National Council for Crime Prevention – Rådet för brottsförebyggande - Sámi Parliament – Sametinget - Office of the Prosecutor General – Riksåklagarämbetet - Prison Administration – Fångvårdsväsendet - Ministry of Education – Undervisningsministeriet - Finnish National Board of Education – Utbildningsstyrelsen - Finnish Board of Film Classification – Statens filmgranskningsbyrå - Ministry of Defence – Försvarsministeriet - Finnish Defence Forces – Försvarsmakten - Ministry of the Interior – Inrikesministeriet - Population Register Centre – Befolkningsregistercentralen - National Bureau of Investigation – Centralkriminalpolisen - Traffic Police – Rörliga polisen - Frontier Guard – Gränsbevakningsväsendet - Provincial State Offices – Länstyrelserna - Finnish Security Intelligence Service – Skyddspolisen - Police University College – Polisyrkeshögskolan - Police Technical Centre – Polisens teknikcentral - Police Data Centre – Polisens datacentral - Helsinki District Police Department – Polisinrättningen i Helsingfors - Emergency Services College – Räddningsverket - Emergency Response Centre Administration – Nödcentralsverket - Finnish Immigration Service – Migrationsverket - Interior Administration Service Centre – Inrikesförvaltningens servicecentral - Ministry of Social Affairs and Health – Social- Och Hälsovårdsministeriet - Unemployment Insurance Appeal Board – Besvärsnämnden för utkomstskyddsärenden - Social Security Appeal Board – Besvärsnämnden för socialtrygghet - National Agency for Medicines – Läkemedelsverket - National Authority for Medicolegal Affairs – Rättsskyddscentralen för hälsovården - Radiation and Nuclear Safety Authority – Strålsäkerhetscentralen - National Public Health Institute – Folkhälsoinstitutet - Development Centre for Pharmaceutical Treatment ROHTO – Utvecklingscentralen för läkemedelsbehandling - National Product Control Agency for Welfare and Health – Social- och hälsovårdens produkttillsynscentral - National Research and Development Centre for Welfare and Health Stakes – Forsknings- och utvecklingscentralen för social- och hälsovården Stakes - Insurance Supervisory Authority – Försäkringsinspektionen - Ministry of Employment and the Economy – Arbets- Och Näringsministeriet - Finnish Consumer Agency – Konsumentverket - Finnish Competition Authority – Konkurrensverket - National Board of Patents and Registration – Patent- och registerstyrelsen - Office of the National Conciliator – Riksförlikningsmännens byrå - State Reception Centres for Asylum Seekers – Statliga förläggningar för asylsökande - Energy Market Authority – Energimarknadsverket - Geological Survey of Finland – Geologiska forskningscentralen - National Emergency Supply Agency – Försörjningsberedskapscentralen - National Consumer Research Centre – Konsumentforskningscentralen - Finnish Tourist Board (MEK) – Centralen för turistfrämjande - Centre for Metrology and Accreditation (MIKES) – Mätteknikcentralen - Tekes – Finnish Funding Agency for Technology and Innovation – Tekes – utvecklingscentralen för teknologi och innovationer - Safety Technology Authority (TUKES) – Säkerhetsteknikcentralen - Technical Research Centre of Finland (VTT) – Statens tekniska forskningscentral - National Discrimination Tribunal – Nationella diskrimineringsnämnden - Labour Council – Arbetsrådet - Office of the Ombudsman for Minorities – Minoritetsombudsmannens byrå - Ministry for Foreign Affairs – Utrikesministeriet - Prime Minister's Office – Statsrådets Kansli - Ministry of Finance – Finansministeriet - State Treasury – Statskontoret - Tax Administration – Skatteförvaltningen - Finnish Customs – Tullverket - Statistics Finland – Statistikcentralen - Government Institute for Economic Research – Statens ekonomiska forskningscentral - Ministry of the Environment – Miljöministeriet - Finnish Environment Institute – Finlands miljöcentral - Housing Finance and Development Centre of Finland – Finansierings- och utvecklingscentralen för boendet - National Audit Office – Statens Revisionsverk Sweden A - Affärsverket svenska kraftnät - Akademien för de fria konsterna - Alkohol- och läkemedelssortiments-nämnden - Allmänna pensionsfonden - Allmänna reklamationsnämnden - Ambassader - Ansvarsnämnd, statens - Arbetsdomstolen - Arbetsförmedlingen - Arbetsgivarverk, statens - Arbetslivsinstitutet - Arbetsmiljöverket - Arkitekturmuseet - Arrendenämnder - Arvsfondsdelegationen B - Banverket - Barnombudsmannen - Beredning för utvärdering av medicinsk metodik, statens - Bergsstaten - Biografbyrå, statens - Biografiskt lexikon, svenskt - Birgittaskolan - Blekinge tekniska högskola - Bokföringsnämnden - Bolagsverket - Bostadsnämnd, statens - Bostadskreditnämnd, statens - Boverket - Brottsförebyggande rådet - Brottsoffermyndigheten C - Centrala studiestödsnämnden D - Danshögskolan - Datainspektionen - Departementen - Domstolsverket - Dramatiska institutet E - Ekeskolan - Ekobrottsmyndigheten - Ekonomistyrningsverket - Ekonomiska rådet - Elsäkerhetsverket - Energimarknadsinspektionen - Energimyndighet, statens - EU/FoU-rådet - Exportkreditnämnden - Exportråd, Sveriges F - Fastighetsmäklarnämnden - Fastighetsverk, statens - Fideikommissnämnden - Finansinspektionen - Finanspolitiska rådet - Finsk-svenska gränsälvskommissionen - Fiskeriverket - Flygmedicincentrum - Folkhälsoinstitut, statens - Fonden för fukt- och mögelskador - Forskningsrådet för miljö, areella näringar och samhällsbyggande, Formas - Folke Bernadotte Akademin - Forskarskattenämnden - Forskningsrådet för arbetsliv och socialvetenskap - Fortifikationsverket - Forum för levande historia - Försvarets materielverk - Försvarets radioanstalt - Försvarets underrättelsenämnd - Försvarshistoriska museer, statens - Försvarshögskolan - Försvarsmakten - Försäkringskassan G - Gentekniknämnden - Geologiska undersökning - Geotekniska institut, statens - Giftinformationscentralen - Glesbygdsverket - Grafiska institutet och institutet för högre kommunikation- och reklamutbildning - Granskningsnämnden för radio och TV - Granskningsnämnden för försvarsuppfinningar - Gymnastik- och Idrottshögskolan - Göteborgs universitet H - Handelsflottans kultur- och fritidsråd - Handelsflottans pensionsanstalt - Handelssekreterare - Handelskamrar, auktoriserade - Handikappombudsmannen - Handikappråd, statens - Harpsundsnämnden - Haverikommission, statens - Historiska museer, statens - Hjälpmedelsinstitutet - Hovrätterna - Hyresnämnder - Häktena - Hälso- och sjukvårdens ansvarsnämnd - Högskolan Dalarna - Högskolan i Borås - Högskolan i Gävle - Högskolan i Halmstad - Högskolan i Kalmar - Högskolan i Karlskrona/Ronneby - Högskolan i Kristianstad - Högskolan i Skövde - Högskolan i Trollhättan/Uddevalla - Högskolan på Gotland - Högskolans avskiljandenämnd - Högskoleverket - Högsta domstolen I - ILO kommittén - Inspektionen för arbetslöshetsförsäkringen - Inspektionen för strategiska produkter - Institut för kommunikationsanalys, statens - Institut för psykosocial medicin, statens - Institut för särskilt utbildningsstöd, statens - Institutet för arbetsmarknadspolitisk utvärdering - Institutet för rymdfysik - Institutet för tillväxtpolitiska studier - Institutionsstyrelse, statens - Insättningsgarantinämnden - Integrationsverket - Internationella programkontoret för utbildningsområdet J - Jordbruksverk, statens - Justitiekanslern - Jämställdhetsombudsmannen - Jämställdhetsnämnden - Järnvägar, statens - Järnvägsstyrelsen K - Kammarkollegiet - Kammarrätterna - Karlstads universitet - Karolinska Institutet - Kemikalieinspektionen - Kommerskollegium - Konjunkturinstitutet - Konkurrensverket - Konstfack - Konsthögskolan - Konstnärsnämnden - Konstråd, statens - Konsulat - Konsumentverket - Krigsvetenskapsakademin - Krigsförsäkringsnämnden - Kriminaltekniska laboratorium, statens - Kriminalvården - Krisberedskapsmyndigheten - Kristinaskolan - Kronofogdemyndigheten - Kulturråd, statens - Kungl. Biblioteket - Kungl. Konsthögskolan - Kungl. Musikhögskolan i Stockholm - Kungl. Tekniska högskolan - Kungl. Vitterhets-, historie- och antikvitetsakademien - Kungl Vetenskapsakademin - Kustbevakningen - Kvalitets- och kompetensråd, statens - Kärnavfallsfondens styrelse L - Lagrådet - Lantbruksuniversitet, Sveriges - Lantmäteriverket - Linköpings universitet - Livrustkammaren, Skoklosters slott och Hallwylska museet - Livsmedelsverk, statens - Livsmedelsekonomiska institutet - Ljud- och bildarkiv, statens - Lokala säkerhetsnämnderna vid kärnkraftverk - Lotteriinspektionen - Luftfartsverket - Luftfartsstyrelsen - Luleå tekniska universitet - Lunds universitet - Läkemedelsverket - Läkemedelsförmånsnämnden - Länsrätterna - Länsstyrelserna - Lärarhögskolan i Stockholm M - Malmö högskola - Manillaskolan - Maritima muséer, statens - Marknadsdomstolen - Medlingsinstitutet - Meteorologiska och hydrologiska institut, Sveriges - Migrationsverket - Militärhögskolor - Mittuniversitetet - Moderna museet - Museer för världskultur, statens - Musikaliska Akademien - Musiksamlingar, statens - Myndigheten för handikappolitisk samordning - Myndigheten för internationella adoptionsfrågor - Myndigheten för skolutveckling - Myndigheten för kvalificerad yrkesutbildning - Myndigheten för nätverk och samarbete inom högre utbildning - Myndigheten för Sveriges nätuniversitet - Myndigheten för utländska investeringar i Sverige - Mälardalens högskola N - Nationalmuseum - Nationellt centrum för flexibelt lärande - Naturhistoriska riksmuseet - Naturvårdsverket - Nordiska Afrikainstitutet - Notarienämnden - Nämnd för arbetstagares uppfinningar, statens - Nämnden för statligt stöd till trossamfund - Nämnden för styrelserepresentationsfrågor - Nämnden mot diskriminering - Nämnden för elektronisk förvaltning - Nämnden för RH anpassad utbildning - Nämnden för hemslöjdsfrågor O - Oljekrisnämnden - Ombudsmannen mot diskriminering på grund av sexuell läggning - Ombudsmannen mot etnisk diskriminering - Operahögskolan i Stockholm P - Patent- och registreringsverket - Patentbesvärsrätten - Pensionsverk, statens - Personregisternämnd statens, SPAR-nämnden - Pliktverk, Totalförsvarets - Polarforskningssekretariatet - Post- och telestyrelsen - Premiepensionsmyndigheten - Presstödsnämnden R - Radio- och TV-verket - Rederinämnden - Regeringskansliet - Regeringsrätten - Resegarantinämnden - Registernämnden - Revisorsnämnden - Riksantikvarieämbetet - Riksarkivet - Riksbanken - Riksdagsförvaltningen - Riksdagens ombudsmän - Riksdagens revisorer - Riksgäldskontoret - Rikshemvärnsrådet - Rikspolisstyrelsen - Riksrevisionen - Rikstrafiken - Riksutställningar, Stiftelsen - Riksvärderingsnämnden - Rymdstyrelsen - Rådet för Europeiska socialfonden i Sverige - Räddningsverk, statens - Rättshjälpsmyndigheten - Rättshjälpsnämnden - Rättsmedicinalverket S - Samarbetsnämnden för statsbidrag till trossamfund - Sameskolstyrelsen och sameskolor - Sametinget - SIS, Standardiseringen i Sverige - Sjöfartsverket - Skatterättsnämnden - Skatteverket - Skaderegleringsnämnd, statens - Skiljenämnden i vissa trygghetsfrågor - Skogsstyrelsen - Skogsvårdsstyrelserna - Skogs och lantbruksakademien - Skolverk, statens - Skolväsendets överklagandenämnd - Smittskyddsinstitutet - Socialstyrelsen - Specialpedagogiska institutet - Specialskolemyndigheten - Språk- och folkminnesinstitutet - Sprängämnesinspektionen - Statistiska centralbyrån - Statskontoret - Stockholms universitet - Stockholms internationella miljöinstitut - Strålsäkerhetsmyndigheten - Styrelsen för ackreditering och teknisk kontroll - Styrelsen för internationellt utvecklingssamarbete, SIDA - Styrelsen för Samefonden - Styrelsen för psykologiskt försvar - Stängselnämnden - Svenska institutet - Svenska institutet för europapolitiska studier - Svenska ESF rådet - Svenska Unescorådet - Svenska FAO kommittén - Svenska Språknämnden - Svenska Skeppshypotekskassan - Svenska institutet i Alexandria - Sveriges författarfond - Säkerhetspolisen - Säkerhets- och integritetsskyddsnämnden - Södertörns högskola T - Taltidningsnämnden - Talboks- och punktskriftsbiblioteket - Teaterhögskolan i Stockholm - Tingsrätterna - Tjänstepensions och grupplivnämnd, statens - Tjänsteförslagsnämnden för domstolsväsendet - Totalförsvarets forskningsinstitut - Totalförsvarets pliktverk - Tullverket - Turistdelegationen U - Umeå universitet - Ungdomsstyrelsen - Uppsala universitet - Utlandslönenämnd, statens - Utlänningsnämnden - Utrikesförvaltningens antagningsnämnd - Utrikesnämnden - Utsädeskontroll, statens V - Valideringsdelegationen - Valmyndigheten - Vatten- och avloppsnämnd, statens - Vattenöverdomstolen - Verket för förvaltningsutveckling - Verket för högskoleservice - Verket för innovationssystem (VINNOVA) - Verket för näringslivsutveckling (NUTEK) - Vetenskapsrådet - Veterinärmedicinska anstalt, statens - Veterinära ansvarsnämnden - Väg- och transportforskningsinstitut, statens - Vägverket - Vänerskolan - Växjö universitet - Växtsortnämnd, statens Å - Åklagarmyndigheten - Åsbackaskolan Ö - Örebro universitet - Örlogsmannasällskapet - Östervångsskolan - Överbefälhavaren - Överklagandenämnden för högskolan - Överklagandenämnden för nämndemanna-uppdrag - Överklagandenämnden för studiestöd - Överklagandenämnden för totalförsvaret United Kingdom - Cabinet Office - Office of the Parliamentary Counsel - Central Office of Information - Charity Commission - Crown Estate Commissioners (Vote expenditure only) - Crown Prosecution Service - Department for Business, Enterprise and Regulatory Reform - Competition Commission - Gas and Electricity Consumers' Council - Office of Manpower Economics - Department for Children, Schools and Families - Department of Communities and Local Government - Rent Assessment Panels - Department for Culture, Media and Sport - British Library - British Museum - Commission for Architecture and the Built Environment - The Gambling Commission - Historic Buildings and Monuments Commission for England (English Heritage) - Imperial War Museum - Museums, Libraries and Archives Council - National Gallery - National Maritime Museum - National Portrait Gallery - Natural History Museum - Science Museum - Tate Gallery - Victoria and Albert Museum - Wallace Collection - Department for Environment, Food and Rural Affairs - Agricultural Dwelling House Advisory Committees - Agricultural Land Tribunals - Agricultural Wages Board and Committees - Cattle Breeding Centre - Countryside Agency - Plant Variety Rights Office - Royal Botanic Gardens, Kew - Royal Commission on Environmental Pollution - Department of Health - Dental Practice Board - National Health Service Strategic Health Authorities - NHS Trusts - Prescription Pricing Authority - Department for Innovation, Universities and Skills - Higher Education Funding Council for England - National Weights and Measures Laboratory - Patent Office - Department for International Development - Department of the Procurator General and Treasury Solicitor - Legal Secretariat to the Law Officers - Department for Transport - Maritime and Coastguard Agency - Department for Work and Pensions - Disability Living Allowance Advisory Board - Independent Tribunal Service - Medical Boards and Examining Medical Officers (War Pensions) - Occupational Pensions Regulatory Authority - Regional Medical Service - Social Security Advisory Committee - Export Credits Guarantee Department - Foreign and Commonwealth Office - Wilton Park Conference Centre - Government Actuary's Department - Government Communications Headquarters - Home Office - HM Inspectorate of Constabulary - House of Commons - House of Lords - Ministry of Defence - Defence Equipment & Support - Meteorological Office - Ministry of Justice - Boundary Commission for England - Combined Tax Tribunal - Council on Tribunals - Court of Appeal - Criminal - Employment Appeals Tribunal - Employment Tribunals - HMCS Regions, Crown, County and Combined Courts (England and Wales) - Immigration Appellate Authorities - Immigration Adjudicators - Immigration Appeals Tribunal - Lands Tribunal - Law Commission - Legal Aid Fund (England and Wales) - Office of the Social Security Commissioners - Parole Board and Local Review Committees - Pensions Appeal Tribunals - Public Trust Office - Supreme Court Group (England and Wales) - Transport Tribunal - The National Archives - National Audit Office - National Savings and Investments - National School of Government - Northern Ireland Assembly Commission - Northern Ireland Court Service - Coroners Courts - County Courts - Court of Appeal and High Court of Justice in Northern Ireland - Crown Court - Enforcement of Judgements Office - Legal Aid Fund - Magistrates' Courts - Pensions Appeals Tribunals - Northern Ireland, Department for Employment and Learning - Northern Ireland, Department for Regional Development - Northern Ireland, Department for Social Development - Northern Ireland, Department of Agriculture and Rural Development - Northern Ireland, Department of Culture, Arts and Leisure - Northern Ireland, Department of Education - Northern Ireland, Department of Enterprise, Trade and Investment - Northern Ireland, Department of the Environment - Northern Ireland, Department of Finance and Personnel - Northern Ireland, Department of Health, Social Services and Public Safety - Northern Ireland, Office of the First Minister and Deputy First Minister - Northern Ireland Office - Crown Solicitor's Office - Department of the Director of Public Prosecutions for Northern Ireland - Forensic Science Laboratory of Northern Ireland - Office of the Chief Electoral Officer for Northern Ireland - Police Service of Northern Ireland - Probation Board for Northern Ireland - State Pathologist Service - Office of Fair Trading - Office for National Statistics - National Health Service Central Register - Office of the Parliamentary Commissioner for Administration and Health Service Commissioners - Paymaster General's Office - Postal Business of the Post Office - Privy Council Office - Public Record Office - HM Revenue and Customs - The Revenue and Customs Prosecutions Office - Royal Hospital, Chelsea - Royal Mint - Rural Payments Agency - Scotland, Auditor-General - Scotland, Crown Office and Procurator Fiscal Service - Scotland, General Register Office - Scotland, Queen's and Lord Treasurer's Remembrancer - Scotland, Registers of Scotland - The Scotland Office - The Scottish Ministers - Architecture and Design Scotland - Crofters Commission - Deer Commission for Scotland - Lands Tribunal for Scotland - National Galleries of Scotland - National Library of Scotland - National Museums of Scotland - Royal Botanic Garden, Edinburgh - Royal Commission on the Ancient and Historical Monuments of Scotland - Scottish Further and Higher Education Funding Council - Scottish Law Commission - Community Health Partnerships - Special Health Boards - Health Boards - The Office of the Accountant of Court - High Court of Justiciary - Court of Session - HM Inspectorate of Constabulary - Parole Board for Scotland - Pensions Appeal Tribunals - Scottish Land Court - Sheriff Courts - Scottish Police Services Authority - Office of the Social Security Commissioners - The Private Rented Housing Panel and Private Rented Housing Committees - Keeper of the Records of Scotland - The Scottish Parliamentary Body Corporate - HM Treasury - Office of Government Commerce - United Kingdom Debt Management Office - The Wales Office (Office of the Secretary of State for Wales) - The Welsh Ministers - Higher Education Funding Council for Wales - Local Government Boundary Commission for Wales - The Royal Commission on the Ancient and Historical Monuments of Wales - Valuation Tribunals (Wales) - Welsh National Health Service Trusts and Local Health Boards - Welsh Rent Assessment Panels LIST OF SUPPLIES AND EQUIPMENT PROCURED BY THE MINISTRIES OF DEFENCE AND AGENCIES FOR DEFENCE OR SECURITY ACTIVITIES IN BELGIUM, BULGARIA, THE CZECH REPUBLIC, DENMARK, GERMANY, ESTONIA, GREECE, SPAIN, FRANCE, IRELAND, ITALY, CYPRUS, LATVIA, LITHUANIA, LUXEMBOURG, HUNGARY, MALTA, THE NETHERLANDS, AUSTRIA, POLAND, PORTUGAL, ROMANIA, SLOVENIA, SLOVAKIA, FINLAND, SWEDEN AND THE UNITED KINGDOM COVERED BY THIS TITLE

except for:

ex 27.10: special motor fuels Chapter 28: Inorganic chemical products; inorganic or organic products of precious metals, of radioactive elements, of metals of the rare earths or precious metals except for:

ex 28.09: explosives ex 28.13: explosives ex 28.14: tear gas ex 28.28: explosives ex 28.32: explosives ex 28.39: explosives ex 28.50: toxic products ex 28.51: toxic products ex 28.54: explosives

except for:

ex 29.03: explosives ex 29.04: explosives ex 29.07: explosives ex 29.08: explosives ex 29.11: explosives ex 29.12: explosives ex 29.13: toxic products ex 29.14: toxic products ex 29.15: toxic products 29.21: toxic products ex 29.22: toxic products ex 29.23: toxic products ex 29.26: explosives ex 29.27: toxic products ex 29.29: explosives

Chapter 32: Tanning or dyeing extracts, tannins and their derivatives, pigments and other coloring matter, paints and varnishes, mastics, inks

Chapter 34: Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, cleaning products, candles and similar articles, modeling pastes and waxes for dentistry;

except for:

ex 38.19: toxic products

except for:

ex 39.03: explosives

except for:

ex 40.11: bulletproof tires

Chapter 42: Manufactures of leather; saddlery or harness articles, travel goods, handbags and similar containers, manufactures of gut (other than silkworm gut)

Chapter 49: Printed books, newspapers, photographs and other products of the publishing industry, manuscripts, printed matter and plans

Chapter 71: Natural or cultured pearls, precious or semi-precious stones, precious metals, rolled precious metals and manufactures of these materials; imitation jewelry; coins

Chapter 82: Tools and implements, cutlery articles and table cutlery, of base metals, parts of these articles, of base metals except for:

ex 82.05: tools ex 82.07: tools, parts

except for:

ex 84.06: motors ex 84.08: other motors ex 84.45: machinery ex 84.53: automatic data processing machines ex 84.55: parts of motors under heading No. 84.53 ex 84.59: nuclear reactors

except for:

ex 85.13: telecommunications equipment ex 85.15: transmission apparatus Chapter 86: Railway and tramway locomotives, rolling stock and parts thereof, railway and tramway track fixtures and fittings, signaling equipment of all kinds (non-electric), except for:

ex 86.02: armored electric locomotives ex 86.03: other armored locomotives ex 86.05: armored wagons ex 86.06: repair wagons ex 86.07: wagons

except for:

ex 87.08: tanks and other armored vehicles ex 87.01: tractors ex 87.02: similar vehicles ex 87.03: repair trucks ex 87.09: motorcycles ex 87.14: trailers

except for:

ex 89.01 A: warships Chapter 90: Optical, photographic, cinematographic, measuring, checking, precision, medical and surgical instruments and apparatus, and parts thereof except for:

ex 90.05: binoculars ex 90.13: miscellaneous instruments, lasers ex 90.14: rangefinders ex 90.28: electrical and electronic measuring instruments ex 90.11: microscopes ex 90.17: medical instruments ex 90.18: mechanotherapy apparatus ex 90.19: orthopedic articles ex 90.20: X-ray apparatus

Chapter 92: Musical instruments, sound recorders or reproducers, television image and sound recorders, parts and accessories of these articles Chapter 94: Furniture; medical-surgical furniture; bedding and similar articles; lighting apparatus not expressed or included elsewhere except for:

ex 94.01 A: aircraft seats

SUB-CENTRAL GOVERNMENT ENTITIES WHICH CONTRACT IN ACCORDANCE WITH THE PROVISIONS OF TITLE V OF PART IV OF THIS AGREEMENT A. LIST OF COSTA RICA The title applies to sub-central government entities that contract in accordance with the provisions of this Agreement, when the contract value is equal to or greater than:

Goods Threshold: 355,000 SDR Services Specified in section D Threshold: 355,000 SDR Construction services Specified in section E Threshold: 5,000,000 SDR List of entities 1. Municipalidad de Abangares 2. Municipalidad de Acosta 3. Municipalidad de Aguirre 4. Municipalidad de Alajuela 5. Municipalidad de Alajuelita 6. Municipalidad de Alfaro Ruiz 7. Municipalidad de Alvarado 8. Municipalidad de Aserrí 9. Municipalidad de Atenas 10. Municipalidad de Bagaces 11. Municipalidad de Barba 12. Municipalidad de Belén 13. Municipalidad de Buenos Aires 14. Municipalidad de Cañas 15. Municipalidad de Carrillo 16. Municipalidad de Cartago 17. Municipalidad de Corredores 18. Municipalidad de Coto Brus 19. Municipalidad de Curridabat 20. Municipalidad de Desamparados 21. Municipalidad de Dota 22. Municipalidad de El Guarco 23. Municipalidad de Escazú 24. Municipalidad de Esparza 25. Municipalidad de Flores 26. Municipalidad de Garabito 27. Municipalidad de Goicoechea 28. Municipalidad de Golfito 29. Municipalidad de Grecia 30. Municipalidad de Guácimo 31. Municipalidad de Guatuso 32. Municipalidad de Heredia 33. Municipalidad de Hojancha 34. Municipalidad de Jiménez 35. Municipalidad de La Cruz 36. Municipalidad de La Unión 37. Municipalidad de León Cortés 38. Municipalidad de Liberia 39. Municipalidad de Limón 40. Municipalidad de Los Chiles 41. Municipalidad de Matina 42. Municipalidad de Montes de Oca 43. Municipalidad de Montes de Oro 44. Municipalidad de Mora 45. Municipalidad de Moravia 46. Municipalidad de Nandayure 47. Municipalidad de Naranjo 48. Municipalidad de Nicoya 49. Municipalidad de Oreamuno 50. Municipalidad de Orotina 51. Municipalidad de Osa 52. Municipalidad de Palmares 53. Municipalidad de Paraíso 54. Municipalidad de Parrita 55. Municipalidad de Pérez Zeledón 56. Municipalidad de Poás 57. Municipalidad de Pococí 58. Municipalidad de Puntarenas 59. Municipalidad de Puriscal 60. Municipalidad de San Carlos 61. Municipalidad de San Isidro 62. Municipalidad de San José 63. Municipalidad de San Mateo 64. Municipalidad de San Pablo 65. Municipalidad de San Rafael 66. Municipalidad de San Ramón 67. Municipalidad de Santa Ana 68. Municipalidad de Santa Bárbara 69. Municipalidad de Santa Cruz 70. Municipalidad de Santo Domingo 71. Municipalidad de Sarapiquí 72. Municipalidad de Siquirres 73. Municipalidad de Talamanca 74. Municipalidad de Tarrazú 75. Municipalidad de Tibás 76. Municipalidad de Tilarán 77. Municipalidad de Turrialba 78. Municipalidad de Turrúbares 79. Municipalidad de Upala 80. Municipalidad de Valverde Vega 81. Municipalidad de Vásquez de Coronado B. LIST OF EL SALVADOR The title applies to sub-central government entities that contract in accordance with the provisions of this Agreement, when the contract value is equal to or greater than:

Goods Thresholds: 355,000 SDR; or, for the three-year period following the entry into force of this Agreement, 482,800 SDR.

Services Specified in section D Thresholds: 355,000 SDR; or, for the three-year period following the entry into force of this Agreement, 482,800 SDR.

Construction services Specified in section E Thresholds: 5,000,000 SDR; or, for the three-year period following the entry into force of this Agreement, 5,950,000 SDR.

List of entities 1. Municipalidad de Santiago Texacuangos 2. Municipalidad de Sesori 3. Municipalidad de Nueva Guadalupe 4. Municipalidad de Ciudad Arce 5. Municipalidad de Santa Elena 6. Municipalidad de San Agustín 7. Municipalidad de Estanzuelas 8. Municipalidad de Mercedes Umaña 9. Municipalidad de Alegría 10. Municipalidad de Nueva Granada 11. Municipalidad de San Julián 12. Municipalidad de San Alejo 13. Municipalidad de Conchagua 14. Municipalidad de Bolívar 15. Municipalidad de San Rafael Obrajuelo 16. Municipalidad de Tejutla 17. Municipalidad de La Reina 18. Municipalidad de Mejicanos 19. Municipalidad de Ilopango 20. Municipalidad de Santa Ana 21. Municipalidad de Santa Tecla 22. Municipalidad de Sonsonate 23. Municipalidad de Acajutla 24. Municipalidad de La Unión 25. Municipalidad de San Salvador C. LIST OF GUATEMALA 1. The title applies to sub-central government entities that contract in accordance with the provisions of this Agreement, when the contract value is equal to or greater than:

Goods Thresholds: 355,000 SDR; or, for the three-year period following the entry into force, 490,000 SDR.

Services Specified in section D Thresholds: 355,000 SDR; or, for the three-year period following the entry into force, 490,000 SDR.

Construction services Specified in section E Thresholds: 5,000,000 SDR; or for the three-year period following the entry into force, 6,000,000 SDR.

2. The title only applies to the entities indicated in this list.

List of entities Municipalities Department of Guatemala 1. Fraijanes 2. San Juan Sacatepéquez 3. San Pedro Sacatepéquez 4. San Raymundo 5. San Pedro Ayampuc 6. Chinautla 7. Santa Catarina Pinula 8. Guatemala 9. Mixco 10. Villa Nueva The title does not apply to procurement of construction services by entities of the Department of Guatemala.

Municipalities Department of Quetzaltenango 11. Quetzaltenango 12. Coatepeque Municipalities Department of Escuintla 13. Chiquimulilla 14. Santa Lucía Cotzumalguapa 15. Escuintla 16. Puerto de San José Municipalities Department of Zacapa 17. Zacapa 18. Río Hondo 19. Teculután Municipalities Department of Chiquimula 20. Chiquimula Municipalities Department of El Quiché 21. Santa Cruz del Quiché Municipalities Department of El Petén 22. Flores 23. San Benito Municipalities Department of El Progreso 24. Guastatoya Municipalities Department of Izabal 25. Puerto Barrios Municipalities Department of Huehuetenango 26. Huehuetenango Municipalities Department of Jalapa 27. Jalapa Municipalities Department of Jutiapa 28. Jutiapa Municipalities Department of Alta Verapaz 29. Cobán Municipalities Department of Baja Verapaz 30. Salamá D. LIST OF HONDURAS The title applies to sub-central government entities that contract in accordance with the provisions of this Agreement, when the contract value is equal to or greater than:

Goods Thresholds: 490,000 SDR for the second and third year following the date of entry into force of this Agreement, and thereafter 355,000 SDR.

Services Specified in section D Thresholds: 490,000 SDR for the second and third year following the date of entry into force of this Agreement, and thereafter 355,000 SDR.

Construction services Specified in section E Thresholds: 6,000,000 SDR for the second and third annual periods following the entry into force of this Agreement, and thereafter 5,000,000 SDR.

The title only applies to the entities indicated in this list.

List of entities 1. Municipalidad de La Ceiba, Atlántida 2. Municipalidad de El Porvenir, Atlántida 3. Municipalidad de Esparta, Atlántida 4. Municipalidad de Jutiapa, Atlántida 5. Municipalidad de La Masica, Atlántida 6. Municipalidad de San Francisco, Atlántida 7. Municipalidad de Tela, Atlántida 8. Municipalidad de Arizona, Atlántida 9. Municipalidad de Balfate, Colón 10. Municipalidad de Iriona, Colón 11. Municipalidad de Limón, Colón 12. Municipalidad de Sabá, Colón 13. Municipalidad de Santa Fe, Colón 14. Municipalidad de Santa Rosa de Aguán, Colón 15. Municipalidad de Sonaguera, Colón 16. Municipalidad de Tocoa, Colón 17. Municipalidad de Bonito Oriental, Colón 18. Municipalidad de Comayagua, Comayagua 19. Municipalidad de Ajuterique, Comayagua 20. Municipalidad de El Rosario, Comayagua 21. Municipalidad de Esquías, Comayagua 22. Municipalidad de Humuya, Comayagua 23. Municipalidad de La Libertad, Comayagua 24. Municipalidad de Lamaní, Comayagua 25. Municipalidad de Lejamaní, Comayagua 26. Municipalidad de La Trinidad, Comayagua 27. Municipalidad de Meámbar, Comayagua 28. Municipalidad de Minas de Oro, Comayagua 29. Municipalidad de Ojo de Agua, Comayagua 30. Municipalidad de San Jerónimo, Comayagua 31. Municipalidad de San José de Comayagua, Comayagua 32. Municipalidad de San José del Potrero, Comayagua 33. Municipalidad de San Luis, Comayagua 34. Municipalidad de San Sebastián, Comayagua 35. Municipalidad de Siguatepeque, Comayagua 36. Municipalidad de Villa de San Antonio, Comayagua 37. Municipalidad de Las Lajas, Comayagua 38. Municipalidad de Taulabé, Comayagua 39. Municipalidad de Santa Rosa de Copán, Copán 40. Municipalidad de Cabañas, Copán 41. Municipalidad de Concepción, Copán 42. Municipalidad de Corquín, Copán 43. Municipalidad de Cucuyagua, Copán 44. Municipalidad de Dolores, Copán 45. Municipalidad de Dulce Nombre, Copán 46. Municipalidad de El Paraíso, Copán 47. Municipalidad de Florida, Copán 48. Municipalidad de La Jigua, Copán 49. Municipalidad de La Unión, Copán 50. Municipalidad de Nueva Arcadia ( La Entrada), Copán 51. Municipalidad de San Agustín, Copán 52. Municipalidad de San Antonio de Copán, Copán 53. Municipalidad de San Jerónimo, Copán 54. Municipalidad de San José, Copán 55. Municipalidad de San Juan de Opoa, Copán 56. Municipalidad de San Nicolás, Copán 57. Municipalidad de San Pedro, Copán 58. Municipalidad de Santa Rita, Copán 59. Municipalidad de Trinidad, Copán 60. Municipalidad de Veracruz, Copán 61. Municipalidad de Choloma, Cortés 62. Municipalidad de Omoa, Cortés 63. Municipalidad de Pimienta, Cortés 64. Municipalidad de Potrerillos, Cortés 65. Municipalidad de Puerto Cortés, Cortés 66. Municipalidad de San Antonio de Cortés, Cortés 67. Municipalidad de San Francisco de Yojoa, Cortés 68. Municipalidad de San Manuel, Cortés 69. Municipalidad de Santa Cruz de Yojoa, Cortés 70. Municipalidad de Villanueva, Cortés 71. Municipalidad de La Lima, Cortés 72. Municipalidad de Choluteca, Choluteca 73. Municipalidad de Apacilagua, Choluteca 74. Municipalidad de Concepción de María, Choluteca 75. Municipalidad de Duyure, Choluteca 76. Municipalidad de El Corpus, Choluteca 77. Municipalidad de El Triunfo, Choluteca 78. Municipalidad de Marcovia, Choluteca 79. Municipalidad de Morolica, Choluteca 80. Municipalidad de Namasigue, Choluteca 81. Municipalidad de Orocuina, Choluteca 82. Municipalidad de Pespire, Choluteca 83. Municipalidad de San Antonio de Flores, Choluteca 84. Municipalidad de San Isidro, Choluteca 85. Municipalidad de San José, Choluteca 86. Municipalidad de San Marcos de Colón, Choluteca 87. Municipalidad de Santa Ana de Yusguare, Choluteca 88. Municipalidad de Alauca, El Paraíso 89. Municipalidad de Danlí, El Paraíso 90. Municipalidad de El Paraíso, El Paraíso 91. Municipalidad de Guinope, El Paraíso 92. Municipalidad de Jacaleapa, El Paraíso 93. Municipalidad de Liure, El Paraíso 94. Municipalidad de Morocelí, El Paraíso 95. Municipalidad de Oropolí, El Paraíso 96. Municipalidad de Potrerillos, El Paraíso 97. Municipalidad de San Antonio de Flores, El Paraíso 98. Municipalidad de San Lucas, El Paraíso 99. Municipalidad de San Matías, El Paraíso 100. Municipalidad de Soledad, El Paraíso 101. Municipalidad de Teupasenti, El Paraíso 102. Municipalidad de Texíguat, El Paraíso 103. Municipalidad de Vado Ancho, El Paraíso 104. Municipalidad de Yauyupe, El Paraíso 105. Municipalidad de Trojes, El Paraíso 106. Municipalidad de Alubarén, Francisco Morazán 107. Municipalidad de Cedros, Francisco Morazán 108. Municipalidad de Curarén, Francisco Morazán 109. Municipalidad de El Porvenir, Francisco Morazán 110. Municipalidad de Guaimaca, Francisco Morazán 111. Municipalidad de La Libertad, Francisco Morazán 112. Municipalidad de La Venta, Francisco Morazán 113. Municipalidad de Lepaterique, Francisco Morazán 114. Municipalidad de Maraita, Francisco Morazán 115. Municipalidad de Marale, Francisco Morazán 116. Municipalidad de Nueva Armenia, Francisco Morazán 117. Municipalidad de Ojojona, Francisco Morazán 118. Municipalidad de Orica, Francisco Morazán 119. Municipalidad de Reitoca, Francisco Morazán 120. Municipalidad de Sabanagrande, Francisco Morazán 121. Municipalidad de San Antonio de Oriente, Francisco Morazán 122. Municipalidad de San Buenaventura, Francisco Morazán 123. Municipalidad de San Ignacio, Francisco Morazán 124. Municipalidad de San Juan de Flores, Francisco Morazán 125. Municipalidad de San Miguelito, Francisco Morazán 126. Municipalidad de Santa Ana, Francisco Morazán 127. Municipalidad de Santa Lucía, Francisco Morazán 128. Municipalidad de Talanga, Francisco Morazán 129. Municipalidad de Tatumbla, Francisco Morazán 130. Municipalidad de Valle de Angeles, Francisco Morazán 131. Municipalidad de Villa de San Francisco, Francisco Morazán 132. Municipalidad de Vallecillo, Francisco Morazán 133. Municipalidad de Puerto Lempira, Gracias a Dios 134. Municipalidad de Brus Laguna, Gracias a Dios 135. Municipalidad de Ahuas, Gracias a Dios 136. Municipalidad de Juan Francisco Bulnes, Gracias a Dios 137. Municipalidad de Villeda Morales, Gracias a Dios 138. Municipalidad de Wampusirpi, Gracias a Dios 139. Municipalidad de La Esperanza, Intibucá 140. Municipalidad de Camasca, Intibucá 141. Municipalidad de Colomoncagua, Intibucá 142. Municipalidad de Concepción, Intibucá E. LIST OF NICARAGUA The title applies to sub-central government entities that contract in accordance with the provisions of this Agreement, when the contract value is equal to or greater than:

Goods Thresholds: 355,000 SDR; or, for the three-year period following the entry into force of this Agreement, 490,000 SDR.

Services Specified in section D Thresholds: 355,000 SDR; or, for the three-year period following the entry into force of this Agreement, 490,000 SDR.

Construction services Specified in section E Thresholds: 5,000,000 SDR; or, for the three-year period following the entry into force of this Agreement, 6,000,000 SDR.

List of entities The municipalities covered by this section shall be those that expressly request to be included.

F. LIST OF PANAMA The title applies to sub-central government entities that contract in accordance with the provisions of this Agreement, when the contract value is equal to or greater than:

Goods Threshold: 355,000 SDR Services Specified in section D Threshold: 355,000 SDR Construction services Specified in section E Threshold: 5,000,000 SDR Province District  Bocas del Toro  Bocas del Toro  Chiriquí Grande  Changuinola  Coclé  Aguadulce  Antón  La Pintada  Natá  Olá  Penonomé  Colón  Colón  Chagres  Donoso  Portobelo  Santa Isabel  Chiriquí  Alanje  Barú  Boquerón  Boquete  Bugaba  David  Dolega  Gualaca  Remedios  Renacimiento  San Lorenzo  Tolé  San Félix  Darién  Chepigana  Pinogana  Herrera  Chitré  Las Minas  Los Pozos  Ocú  Parita  Pesé  Santa María  Los Santos  Guararé  Las Tablas  Los Santos  Macaracas  Pedasí  Pocrí  Tonosí  Panamá  Arraiján  Balboa  Capira  Chame  Chepo  Chimán  La Chorrera  Panamá  San Carlos  San Miguelito  Taboga Veraguas  Atalaya  Calobre  Cañazas  La Mesa  Las Palmas  Montijo  Río De Jesús  San Francisco  Santa Fe  Santiago  Soná  Mariato  Comarca Emberá  Cémaco  Sambú  Comarca Ngobe  Nurum  Bugle  Kankintú  Besiko  Mirono  Kusapin  Muna  Nole Duima G. LIST OF THE EU PARTY Contracting entities A All regional or local contracting authorities Goods Threshold: 355,000 SDR Services Specified in section D Threshold: 355,000 SDR Construction services Specified in section E Threshold: 5,000,000 SDR B All contracting authorities which are bodies governed by public law defined in the EU public procurement Directives A body governed by public law means an entity:

- established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character, and - having legal personality, and - financed, for the most part, by the State, or regional or local authorities, or other bodies governed by public law; or subject to management supervision by those bodies; or having an administrative, managerial or supervisory board, more than half of whose members are appointed by the State, regional or local authorities, or by other bodies governed by public law.

An indicative list of contracting authorities which are bodies governed by public law is attached.

Goods Threshold: 200,000 SDR Services Specified in section D Threshold: 200,000 SDR Construction services Specified in section E Threshold: 5,000,000 SDR INDICATIVE LISTS OF CONTRACTING AUTHORITIES WHICH ARE BODIES GOVERNED BY PUBLIC LAW AS DEFINED IN THE EU PUBLIC PROCUREMENT DIRECTIVE Belgium Entities A - Agence fédérale pour l'Accueil des demandeurs d'Asile - Federaal Agentschap voor Opvang van Asielzoekers - Agence fédérale pour la Sécurité de la Chaîne alimentaire - Federaal Agentschap voor de Veiligheid van de Voedselketen - Agence fédérale de Contrôle nucléaire - Federaal Agentschap voor nucleaire Controle - Agence wallonne à l'Exportation - Agence wallonne des Télécommunications - Agence wallonne pour l'Intégration des Personnes handicapées - Aquafin - Arbeitsamt der Deutschsprachigen Gemeinschaft - Archives générales du Royaume et Archives de l'Etat dans les Provinces - Algemeen Rijksarchief en Rijksarchief in de Provinciën - ASTRID B - Banque nationale de Belgique - Nationale Bank van België - Belgisches Rundfunk- und Fernsehzentrum der Deutschsprachigen Gemeinschaft - Berlaymont 2000 - Bibliothèque royale Albert Ier - Koninklijke Bilbliotheek Albert I - Bruxelles-Propreté - Agence régionale pour la Propreté - Net-Brussel - Gewestelijke Agentschap voor Netheid - Bureau d'Intervention et de Restitution belge - Belgisch Interventie en Restitutiebureau - Bureau fédéral du Plan - Federaal Planbureau C - Caisse auxiliaire de Paiement des Allocations de Chômage - Hulpkas voor Werkloosheidsuitkeringen - Caisse de Secours et de Prévoyance en Faveur des Marins - Hulp en Voorzorgskas voor Zeevarenden - Caisse de Soins de Santé de la Société Nationale des Chemins de Fer Belges - Kas der geneeskundige Verzorging van de Nationale Maatschappij der Belgische Spoorwegen - Caisse nationale des Calamités - Nationale Kas voor Rampenschade - Caisse spéciale de Compensation pour Allocations familiales en Faveur dês Travailleurs occupés dans les Entreprises de Batellerie - Bijzondere Verrekenkas voor Gezinsvergoedingen ten Bate van de Arbeiders der Ondernemingen voor Binnenscheepvaart - Caisse spéciale de Compensation pour Allocations familiales en Faveur des Travailleurs occupés dans les Entreprises de Chargement, Déchargement et Manutention de Marchandises dans les Ports, Débarcadères, Entrepôts et Stations (appelée habituellement "Caisse spéciale de Compensation pour Allocations familiales des Régions maritimes") - Bijzondere Verrekenkas voor Gezinsvergoedingen ten Bate van de Arbeiders gebezigd door Ladings- - en Lossingsondernemingen en door de Stuwadoors in de Havens, Losplaatsen, Stapelplaatsen en Stations (gewoonlijk genoemd "Bijzondere Compensatiekas voor Kindertoeslagen van de Zeevaartgewesten") - Centre d'Etude de l'Energie nucléaire - Studiecentrum voor Kernenergie - Centre de recherches agronomiques de Gembloux - Centre hospitalier de Mons - Centre hospitalier de Tournai - Centre hospitalier universitaire de Liège - Centre informatique pour la Région de Bruxelles-Capitale - Centrum voor Informatica voor het Brusselse Gewest - Centre pour l'Egalité des Chances et la Lutte contre le Racisme - Centrum voor Gelijkheid van Kansen en voor Racismebestrijding - Centre régional d'Aide aux Communes - Centrum voor Bevolkings- en Gezinsstudiën - Centrum voor landbouwkundig Onderzoek te Gent - Comité de Contrôle de l'Electricité et du Gaz - Controlecomité voor Elekticiteit en Gas - Comité national de l'Energie - Nationaal Comité voor de Energie - Commissariat général aux Relations internationales - Commissariaat-Generaal voor de Bevordering van de lichamelijke Ontwikkeling, de Sport en de Openluchtrecreatie - Commissariat général pour les Relations internationales de la Communauté française de Belgique - Conseil central de l'Economie - Centrale Raad voor het Bedrijfsleven - Conseil économique et social de la Région wallonne - Conseil national du Travail - Nationale Arbeidsraad - Conseil supérieur de la Justice - Hoge Raad voor de Justitie - Conseil supérieur des Indépendants et des petites et moyennes Entreprises -Hoge Raad voor Zelfstandigen en de kleine en middelgrote Ondernemingen - Conseil supérieur des Classes moyennes - Coopération technique belge - Belgische technische Coöperatie D - Dienststelle der Deutschprachigen Gemeinschaft für Personen mit einer Behinderung - Dienst voor de Scheepvaart - Dienst voor Infrastructuurwerken van het gesubsidieerd Onderwijs - Domus Flandria E - Entreprise publique des Technologies nouvelles de l'Information et de la Communication de la Communauté française - Export Vlaanderen F - Financieringsfonds voor Schuldafbouw en Eenmalige Investeringsuitgaven - Financieringsinstrument voor de Vlaamse Visserij- en Aquicultuursector - Fonds bijzondere Jeugdbijstand - Fonds communautaire de Garantie des Bâtiments scolaires - Fonds culturele Infrastructuur - Fonds de Participation - Fonds de Vieillissement - Zilverfonds - Fonds d'Aide médicale urgente - Fonds voor dringende geneeskundige Hulp - Fonds de Construction d'Institutions hospitalières et médico-sociales de la Communauté française - Fonds de Pension pour les Pensions de Retraite du Personnel statutaire de Belgacom - Pensioenfonds voor de Rustpensioenen van het statutair Personeel van Belgacom - Fonds des Accidents du Travail - Fonds voor Arbeidsongevallen - Fonds d'Indemnisation des Travailleurs licenciés en cas de Fermeture d'Entreprises - Fonds tot Vergoeding van de in geval van Sluiting van Ondernemingen ontslagen Werknemers - Fonds du Logement des Familles nombreuses de la Région de Bruxelles-Capitale - Woningfonds van de grote Gezinnen van het Brusselse hoofdstedelijk Gewest - Fonds du Logement des Familles nombreuses de Wallonie - Fonds Film in Vlaanderen - Fonds national de Garantie des Bâtiments scolaires - Nationaal Waarborgfonds voor Schoolgebouwen - Fonds national de Garantie pour la Réparation des Dégâts houillers - Nationaal Waarborgfonds inzake Kolenmijnenschade - Fonds piscicole de Wallonie - Fund for Loans to Foreign States - Fonds voor Financiering van de Leningen aan Vreemde Staten - Fund for the Remuneration of Ship's Boys - Fonds voor Scheepsjongens - Brussels Regional Refinancing Fund for Municipal Treasuries - Brussels gewestelijk Herfinancieringsfonds van de gemeentelijke Thesaurieën - Fund for Flanking Economic Policy - Walloon Fund for Advances for the Repair of Damage Caused by Groundwater Abstraction and Intakes G - Guarantee Fund of the German-speaking Community for School Buildings - Gravel Fund H - Redeployment Fund - Community Education - Relief Fund for the Financial Recovery of the Municipalities I - Belgian Institute for Standardization - Belgisch Instituut voor Normalisatie - Belgian Institute for Postal Services and Telecommunications - Belgisch Instituut voor Postdiensten en Telecommunicatie - Francophone Brussels Institute for Vocational Training - Brussels Institute for Environmental Management - Brussels Instituut voor Milieubeheer - Institute for Space Aeronomy - Instituut voor Ruimteaëronomie - Institute for Continuing Training for the Middle Classes and Small and Medium-sized Enterprises - National Accounts Institute - Instituut voor de nationale Rekeningen - Institute for Veterinary Inspection - Instituut voor veterinaire Keuring - Walloon Heritage Institute - Institute for Initial and Continuing Training in the Middle Classes and in Small and Medium-sized Enterprises - National Geographic Institute - Nationaal geografisch Instituut - Institution for the Development of Underground Gasification - Instelling voor de Ontwikkeling van ondergrondse Vergassing - Royal Institution of Messines - Koninklijke Gesticht van Mesen - University Institutions under public law coming under the French Community - Universitaire instellingen van publiek recht afhangende van de Franse Gemeenschap - National Institute for Extractive Industries - Nationaal Instituut voor de Extractiebedrijven - National Research Institute for Working Conditions - Nationaal Onderzoeksinstituut voor Arbeidsomstandigheden - National Institute for War Invalids, Former Combatants and War Victims - Nationaal Instituut voor Oorlogsinvaliden, Oudstrijders en Oorlogsslachtoffers - National Institute for Radioelements - Nationaal Instituut voor Radio-Elementen - National Institute for Criminalistics and Criminology - Nationaal Instituut voor Criminalistiek en Criminologie - Institute for the Improvement of Working Conditions - Instituut voor Verbetering van de Arbeidsvoorwaarden - Royal Belgian Institute of Natural Sciences - Koninklijk Belgisch Instituut voor Natuurwetenschappen - Royal Institute for Cultural Heritage - Koninklijk Instituut voor het Kunstpatrimonium - Royal Meteorological Institute of Belgium - Koninklijk meteorologisch Instituut van België - Scientific Institute of Public Service in the Walloon Region - Scientific Institute of Public Health - Louis Pasteur - Wetenschappelijk Instituut Volksgezondheid - Louis Pasteur - Institute for the Encouragement of Innovation through Science and Technology in Flanders - Institute for Forestry and Game Management - Institute for the Archaeological Heritage - Investment Service for the Flemish Autonomous University Colleges - Investment Fund for Land and Housing Policy for Flemish Brabant J - National Botanic Garden of Belgium - Nationale Plantentuin van België K - Child and Family - Royal Museum of Fine Arts in Antwerp L - National Lottery - Nationale Loterij M - National Memorial of Fort Breendonk - Nationaal Gedenkteken van het Fort van Breendonk - Royal Museum for Central Africa - Koninklijk Museum voor Midden-Afrika - Royal Museums of Art and History - Koninklijke Musea voor Kunst en Geschiedenis - Royal Museums of Fine Arts of Belgium - Koninklijke Musea voor schone Kunsten van België O - Royal Observatory of Belgium - Koninklijke Sterrenwacht van België - Central Office for Social and Cultural Action of the Ministry of Defence - Centrale Dienst voor sociale en culturele Actie van het Ministerie van Defensie - Community and Regional Office for Vocational Training and Employment - Insurance Supervisory Office - Controledienst voor de Verzekeringen - Supervisory Office for Mutual Benefit Societies and National Unions of Mutual Benefit Societies - Controledienst voor de Ziekenfondsen en de Landsbonden van Ziekenfondsen - Office of Birth and Childhood - Tourism Promotion Office - Overseas Social Security Office - Dienst voor de overzeese sociale Zekerheid - Office for Foreign Investors in Wallonia - National Family Allowances Office for Salaried Workers - Rijksdienst voor Kinderbijslag voor Werknemers - National Social Security Office for Provincial and Local Administrations - Rijksdienst voor sociale Zekerheid van de provinciale en plaatselijke Overheidsdiensten - National Annual Holiday Office - Rijksdienst voor jaarlijkse Vakantie - National Delcredere Office - Nationale Delcrederedienst - Brussels Regional Employment Office - Brusselse gewestelijke Dienst voor Arbeidsbemiddeling - Regional Office for the Promotion of Agriculture and Horticulture - Regional Office for the Financing of Municipal Investments - Walloon Office for Vocational Training and Employment - Public Psychiatric Hospital - Geel - Public Psychiatric Hospital - Rekem - Public Waste Company for the Flemish Region - National Orchestra of Belgium - Nationaal Orkest van België - National Institution for Radioactive Waste and Fissile Materials - Nationale Instelling voor radioactief Afval en Splijtstoffen P - Palace of Fine Arts - Paleis voor schone Kunsten - Participation Company of Flanders - Merchant Seamen's Pool - Pool van de Zeelieden der Koopvaardij R - Radio and Television of Belgium, French Community - Reproduction Fund for the Flemish Museums S - Fire and Urgent Medical Assistance Service of the Brussels-Capital Region - Brusselse hoofdstedelijk Dienst voor Brandweer en dringende medische Hulp - Belgian Investment Company for Developing Countries - Belgische Investeringsmaatschappij voor Ontwikkelingslanden - Company for the Sanitation and Renovation of Industrial Sites in Western Walloon Brabant - Regional Guarantee Company - Social and Economic Council for Flanders - Brussels Regional Housing Company and approved companies - Brusselse Gewestelijke Huisvestingsmaatschappij en erkende maatschappijen - Public Environmental Quality Support Company - Public Administration Company for Brussels School Buildings - Public Administration Company for Walloon Brabant School Buildings - Public Administration Company for Hainaut School Buildings - Public Administration Company for Namur School Buildings - Public Administration Company for Liège School Buildings - Public Administration Company for Luxembourg School Buildings - Public Water Management Company - Walloon Housing Company and approved companies - Sofibail - Sofibru - Sofico T - National Theatre - Royal Opera House La Monnaie - Koninklijke Muntschouwburg - Tourism Flanders - Liefkenshoek Tunnel U - University Institutions under public law coming under the Flemish Community - Ghent University Hospital V - Flemish Media Commissariat - Flemish Service for Employment and Vocational Training - Flemish Interest Equalisation Fund - Flemish Council of University Colleges - Flemish Housing Company and approved companies - Flemish Institution for Technological Research - Flemish Interuniversity Council - Flemish Land Company - Flemish Environmental Holding - Flemish Environment Agency - Flemish Council for Education - Flemish Opera - Flemish Radio and Television Broadcasting - Flemish Regulatory Authority for the Electricity and Gas Market - Flemish Foundation for Traffic Knowledge - Flemish Debt Reduction Fund - Flemish Fund for Letters - Flemish Fund for the Social Integration of Persons with a Handicap - Flemish Information Centre on Agriculture and Horticulture - Flemish Infrastructure Fund for Person-related Affairs - Flemish Institute for the Promotion of Scientific and Technological Research in Industry - Flemish Institute for Health Promotion - Flemish Institute for Independent Entrepreneurship - Flemish Agricultural Investment Fund - Flemish Promotion Centre for Agro- and Fishery Marketing - Flemish Care Fund - Flemish Housing Fund for Large Families Bulgaria Entities - Икономически и социален съвет - Национален осигурителен институт - Национална здравноосигурителна каса - Български червен кръст - Българска академия на науките - Национален център за аграрни науки - Български институт за стандартизация - Българско национално радио - Българска национална телевизия Categories State companies in accordance with Article 62, paragraph 3, of the Търговския закон (обн., ДВ, бр.48/18.6.1991), Commercial Code (published in the State Gazette No. 48 of 18.6.1991):

- Национална компания "Железопътна инфраструктура" - ДП "Пристанищна инфраструктура" - ДП "Ръководство на въздушното движение" - ДП "Строителство и възстановяване" - ДП "Транспортно строителство и възстановяване" - ДП "Съобщително строителство и възстановяване" - ДП "Радиоактивни отпадъци" - ДП "Предприятие за управление на дейностите по опазване на околната среда" - ДП "Български спортен тотализатор" - ДП "Държавна парично-предметна лотария" - ДП "Кабиюк", Шумен - ДП "Фонд затворно дело" - Държавни дивечовъдни станции State Universities, established in accordance with Article 13 of the Закона за висшето образование (обн., ДВ, бр.112/27.12.1995) Higher Education Act (published in the State Gazette No. 112 of 27.12.1995):

- Аграрен университет - Пловдив - Академия за музикално, танцово и изобразително изкуство - Пловдив - Академия на Министерството на вътрешните работи - Великотърновски университет "Св. св. Кирил и Методий" - Висше военноморско училище "Н. Й. Вапцаров" - Варна - Висше строително училище "Любен Каравелов" - София - Висше транспортно училище "Тодор Каблешков" - София - Военна академия "Г. С. Раковски" - София - Национална музикална академия "Проф. Панчо Владигеров" - София - Икономически университет - Варна - Колеж по телекомуникации и пощи - София - Лесотехнически университет - София - Медицински университет "Проф. д-р Параскев Иванов Стоянов" - Варна - Медицински университет - Плевен - Медицински университет - Пловдив - Медицински университет - София - Минно-геоложки университет "Св. Иван Рилски" - София - Национален военен университет "Васил Левски" - Велико Търново - Национална академия за театрално и филмово изкуство "Кръстьо Сарафов" - София - Национална спортна академия "Васил Левски" - София - Национална художествена академия - София - Пловдивски университет "Паисий Хилендарски" - Русенски университет "Ангел Кънчев" - Софийски университет "Св. Климент Охридски" - Специализирано висше училище по библиотекознание и информационни технологии - София - Стопанска академия "Д. А. Ценов" - Свищов - Технически университет - Варна - Технически университет - Габрово - Технически университет - София - Tракийски университет - Стара Загора - Университет "Проф. д-р Асен Златаров" - Бургас - Университет за национално и световно стопанство - София - Университет по архитектура, строителство и геодезия - София - Университет по хранителни технологии - Пловдив - Химико-технологичен и металургичен университет - София - Шуменски университет "Епископ Константин Преславски" - Югозападен университет "Неофит Рилски" - Благоевград Municipal and state schools in accordance with the Закона за народната просвета (обн., ДВ, бр. 86/18.10.1991) Public Education Act (published in the State Gazette No. 86 of 18.10.1991) Cultural institutes established in accordance with the Закона за закрила и развитие на културата (обн., ДВ, бр.50/1.6.1999) Protection and Promotion of Culture Act (published in the State Gazette No. 50 of 1.6.1999):

- Народна библиотека "Св. св. Кирил и Методий" - Българска национална фонотека - Българска национална филмотека - Национален фонд "Култура" - Национален институт за паметниците на културата - Театри (Theatres) - Опери, филхармонии и ансамбли (Operas, philharmonic orchestras and ensembles) - Музеи и галерии (Museums and galleries) - Училища по изкуствата и културата (Schools of art and culture) - Български културни институти в чужбина (Bulgarian cultural institutes abroad) State and/or municipal medical institutions referred to in Article 3, paragraph 1, of the Закона за лечебните заведения (обн., ДВ, бр.62/9.7.1999), Medical Institutions Act (published in the State Gazette No. 62 of 9.7.1999).

State or municipal medical institutions referred to in Article 5, paragraph 1, of the Закона за лечебните заведения (обн., ДВ, бр.62/9.7.1999), Medical Institutions Act (published in the State Gazette No. 62 of 9.7.1999):

- Домове за медико-социални грижи за деца - Лечебни заведения за стационарна психиатрична помощ - Центрове за спешна медицинска помощ - Центрове за трансфузионна хематология - Болница "Лозенец" - Военномедицинска академия - Медицински институт на Министерство на вътрешните работи - Лечебни заведения към Министерството на правосъдието - Лечебни заведения към Министерството на транспорта Non-commercial legal persons established for the purpose of meeting general interest needs, in accordance with the Закона за юридическите лица с нестопанска цел (обн., ДВ, бр.81/6.10.2000), Non-Profit Legal Persons Act (published in the State Gazette No. 81 of 6.10.2000), and which satisfy the conditions of Article 1, paragraph 1, of the Public Procurement Act (published in the State Gazette No. 28 /6.4.2004).

Czech Republic - Pozemkový fond and other state funds - Česká národní banka - Česká televize - Český rozhlas - Rada pro rozhlasové a televizní vysílaní - Vńeobecná zdravotní pojińťovna České republiky - Zdravotní pojińťovna ministerstva vnitra ČR - Universities and other legal entities established by special law which for their operation and in accordance with budget regulations use money from the state budget, state funds, contributions from international institutions, district budgetary authority, or budgets of self-governing territorial divisions.

Denmark Entities - Danmarks Radio - Det landsdækkende TV2 - Danmarks Nationalbank - Sund og Bælt Holding A/S - A/S Storebælt - A/S Øresund - Øresundskonsortiet - Metroselskabet I/S - Arealudviklingsselskabet I/S - Statens og Kommunernes Indkøbsservice - Arbejdsmarkedets Tillægspension - Arbejdsmarkedets Feriefond - Lønmodtagernes Dyrtidsfond - Naviair Categories - De Almene Boligorganisationer (social housing organizations) - Andre forvaltningssubjekter (other public administrative entities) - Universiteterne, jf. lovbekendtgørelse nr. 1368 af 7. december 2007 af lov om universiteter (Universities, see Consolidation Act No. 1368 of 7 December 2007 on universities) Germany Categories Legal persons governed by public law Authorities, establishments and foundations governed by public law and created by federal, state or local authorities particularly in the following fields:

(1) Authorities - Wissenschaftliche Hochschulen und verfasste Studentenschaften - (universities and constituted student bodies), - berufsständige Vereinigungen (Rechtsanwalts-, notar-, Steuerberater-, Wirtschaftsprüfer-, Architekten-, Ärzte- und Apothekerkammern) (professional associations representing lawyers, notaries, tax consultants, accountants, architects, physicians and pharmacists), - Wirtschaftsvereinigungen (Landwirtschafts-, Handwerks-, Industrie- und Handelskammern, Handwerksinnungen, Handwerkerschaften) - (business and trade associations: agriculture and craft associations, chambers of industry and commerce, craft guilds, craft trade associations), - Sozialversicherungen (Krankenkassen, Unfall- und Rentenversicherungsträger)- (social security institutions: health insurance funds, accident and pension insurance carriers), - kassenärztliche Vereinigungen - (panel doctors' associations), - Genossenschaften und Verbände - (cooperatives and other associations).

(2) Establishments and foundations Non-industrial and non-commercial establishments subject to state control and operating for the general interest, particularly in the following fields:

- Rechtsfähige Bundesanstalten - (Federal institutions with legal capacity) - Versorgungsanstalten und Studentenwerke - (pension organizations and student unions) - Kultur-, Wohlfahrts- und Hilfsstiftungen - (cultural, welfare and support foundations) Legal persons governed by private law Non-industrial and non-commercial establishments subject to state control and operating in the general interest, such as kommunale Versorgungsunternehmen (municipal public utilities):

- Gesundheitswesen (Krankenhäuser, Kurmittelbetriebe, medizinische Forschungseinrichtungen, Untersuchungs- und Tierkörperbeseitigungsanstalten)- [health: hospitals, health resort establishments, medical research institutions, testing and animal carcass disposal establishments], - Kultur (öffentliche Bühnen, Orchester, Museen, Bibliotheken, Archive, zoologische und botanische Gärten) - [culture: public theatres, orchestras, museums, libraries, archives, botanical and zoological gardens], - Soziales (Kindergärten, Kindertagesheime, Erholungseinrichtungen, Kinder-und Jugendheime, Freizeiteinrichtungen, Gemeinschafts- und Bürgerhäuser, Frauenhäuser, Altersheime, Obdachlosenunterkünfte) - [social welfare: nursery schools, day nurseries, rest homes, children's homes, hostels for young people, leisure centres, community and civic centres, refuges for battered women, old people's homes, accommodation for the homeless], - Sport (Schwimmbäder, Sportanlagen und -einrichtungen) - [sport: swimming pools, sports facilities], - Sicherheit (Feuerwehren, Rettungsdienste) - [safety: fire brigades, other emergency services], - Bildung (Umschulungs-, Aus-, Fort- und Weiterbildungseinrichtungen, Volkshochschulen) [education: training, further training, continuing training and retraining establishments, adult evening classes], - Wissenschaft, Forschung und Entwicklung (Großforschungseinrichtungen, wissenschaftliche Gesellschaften und Vereine, Wissenschaftsförderung) - [science, research and development: large-scale research institutes, scientific societies and associations, science promotion bodies], - Entsorgung (Straßenreinigung, Abfall- und Abwasserbeseitigung) - [waste and refuse disposal services: street cleaning, waste and sewage disposal], - Bauwesen und Wohnungswirtschaft (Stadtplanung, Stadtentwicklung, Wohnungsunternehmen soweit im Allgemeininteresse tätig, Wohnraumvermittlung)- [construction, civil engineering and housing: town planning, urban development, housing enterprises (operating in the general interest), housing agency services], - Wirtschaft (Wirtschaftsförderungsgesellschaften) - (economy: organizations promoting economic development), - Friedhofs- und Bestattungswesen - (cemeteries and funeral services), - Zusammenarbeit mit den Entwicklungsländern (Finanzierung, technische Zusammenarbeit, Entwicklungshilfe, Ausbildung) - [cooperation with developing countries: financing, technical cooperation, development aid, training].

Estonia - Eesti Kunstiakadeemia - Eesti Muusika- ja Teatriakadeemia - Eesti Maaülikool - Eesti Teaduste Akadeemia - Eesti Rahvusringhaaling - Tagatisfond - Kaitseliit - Keemilise ja Bioloogilise Füüsika Instituut - Eesti Haigekassa - Eesti Kultuurkapital - Notarite Koda - Rahvusooper Estonia - Eesti Rahvusraamatukogu - Tallinna Ülikool - Tallinna Tehnikaülikool - Tartu Ülikool - Eesti Advokatuur - Audiitorkogu - Eesti Töötukassa - Eesti Arengufond Categories Other legal persons governed by public law or legal persons governed by private law in accordance with Article 10, paragraph 2, of the Public Procurement Act (RT I 21.7.2007, 15, 76).

Ireland Entities - Enterprise Ireland [Marketing, technology and enterprise development] - Forfás [Policy and advisory board for enterprise, trade, science, technology and innovation] - Industrial Development Authority - FÁS [Industrial and employment advisory service] - Health and Safety Authority - Bord Fáilte Éireann - [Tourism Development] - CERT [Training in the hotel, catering and tourism industry] - Irish Sports Council - National Roads Authority - Údarás na Gaeltachta - [Authority for Gaelic-speaking regions] - Teagasc [Agricultural research, training and development] - An Bord Bia - [Promotion of the food industry] - Irish Horseracing Authority - Bord na gCon - [Greyhound racing support and development] - Marine Institute - Bord Iascaigh Mhara - [Fisheries Development] - Equality Authority - Legal Aid Board - Forbas [Forbairt] Categories - Health Service Executive - Hospitals and similar institutions of a public character - Vocational Education Committees - Educational colleges and institutes of a public character - Central and Regional Fisheries Boards - Local Tourism Organizations - National Regulatory and Appeal Bodies [in areas such as telecommunications, energy, planning, among others] - Agencies established to carry out particular functions or meet needs in various public sectors [e.g. Healthcare Materials Management Board, Health Sector Employers Agency, Local Government Computer Services Board, Environmental Protection Agency, National Safety Council, Institute of Public Administration, Economic and Social Research Institute, National Standards Authority] - Other public bodies that fall within the definition of a body governed by public law.

Greece Categories - Public enterprises and public entities - Legal persons governed by private law that are state-owned and regularly receive 50% of their annual budget as state subsidies, subject to the application of specific rules, or in which the State holds at least 51% of the share capital.

- Legal persons governed by private law which are owned by legal persons governed by public law, by local authorities of any level including the central Greek association of local authorities (Κ.Δ.Γ.Κ.Δ.), by local associations of municipalities (local administrative areas), or by undertakings or public entities, or by legal persons indicated in b) or which regularly receive at least 50% of their annual budget in the form of subsidies from such legal persons, subject to the applicable rules or their articles of association, or the aforementioned legal persons which hold at least 51% of the share capital in such legal persons governed by public law.

Spain Categories - Bodies and entities governed by public law which are subject to Law 30/2007, of 30 October, on Public Sector Contracts, - [Spanish public procurement legislation] -, in accordance with its Article 3, other than those which are part of the General State Administration, the Administration of the Autonomous Communities and the Local Authorities.

- Managing Entities and the Common Services of the Social Security System.

France Entities - Compagnies et établissements consulaires, chambres de commerce et d'industrie (CCI), chambres des métiers et chambres d'agriculture.

Categories (1) National public bodies:

- Académie des Beaux-arts - Académie française - Académie des inscriptions et belles-lettres - Académie des sciences - Académie des sciences morales et politiques - Banque de France - Centre de coopération internationale en recherche agronomique pour le développement - Écoles d'architecture - Institut national de la consommation - Reunion des musées nationaux - Thermes nationaux - Aix-les-Bains - Groupements d'intérêt public; examples:

- Agence EduFrance - ODIT France (observation, développement et ingénierie touristique) - Agence nationale de lutte contre l'illettrisme (2) Regional, departmental and local administrative public bodies:

- Collèges - Lycées - Etablissements publics locaux d'enseignement et de formation professionnelle agricole - Etablissements publics hospitaliers - Offices publics de l'habitat (3) Groupings of territorial authorities:

- Etablissements publics de coopération intercommunale - Institutions interdépartementales et interrégionales - Syndicat des transports d'Île-de-France Italy Entities - Società Stretto di Messina S.p.A.

- Mostra d'oltremare S.p.A.

- Ente nazionale per l'aviazione civile - ENAC - Società nazionale per l'assistenza al volo S.p.A. - ENAV - ANAS S.p.A - Società Stretto di Messina S.p.A.

- Mostra d'oltremare S.p.A.

- Ente nazionale per l'aviazione civile - ENAC - Società nazionale per l'assistenza al volo S.p.A. - ENAV - ANAS S.p.A Categories - Consorzi per le opere idrauliche (consortia for hydraulic works) - Università statali, gli istituti universitari statali, i consorzi per i lavori interessanti le università (State universities, state university institutes, consortia for works of university interest) - Istituzioni pubbliche di assistenza e di beneficenza (public assistance and charity entities) - Istituti superiori scientifici e culturali, osservatori astronomici, astrofisici, geofisici o vulcanologici (higher scientific and cultural institutes, astronomical, astrophysical, geophysical or vulcanological observatories) - Enti di ricerca e sperimentazione (research and experimentation organizations) - Enti che gestiscono forme obbligatorie di previdenza e di assistenza (agencies that manage compulsory social security and assistance schemes) - Consorzi di bonifica (land reclamation consortia) - Enti di sviluppo e di irrigazione (development and irrigation agencies) - Consorzi per le aree industriali (associations for industrial areas) - Enti preposti a servizi di pubblico interesse (organizations providing services of public interest) - Enti pubblici preposti ad attività di spettacolo, sportive, turistiche e del tempo libero (public bodies engaged in entertainment, sports, tourism and leisure activities) - Enti culturali e di promozione artistica (organizations promoting cultural and artistic activities) Cyprus - Αξρή ΡƀƁηνƄειƂόξƀƃεο Κύπξνπ - ΔπηƄξνπή ΚƂƅƀιƀηƀγνξάο Κύπξνπ - ΔπίƄξνπνο ΡπζκίƃƂωο ΗιƂθƄξνληθώλ Δπηθνηλωληώλ θƀη ΣƀρπƁξνκƂίωλ - ΡπζκηƃƄηθή Αξρή ΔλέξγƂηƀο Κύπξνπ - Δƅνξηƀθό ΢πκβνύιην - ΢πκβνύιην Δγγξƀƅήο θƀη Διέγρνπ ΔξγνιεπƄώλ - ΑλνηθƄό ΠƀλƂπηƃƄήκην Κύπξνπ - ΠƀλƂπηƃƄήκην Κύπξνπ - ΣƂρλνινγηθό ΠƀλƂπηƃƄήκην Κύπξνπ - Έλωƃε Γήκωλ - Έλωƃε ΚνηλνƄήƄωλ - ΑλƀπƄπμηƀθή ΔƄƀηξƂίƀ Λάξλƀθƀο - ΣƀκƂίν Κνηλωληθήο ΢πλνρήο - ΣƀκƂίν Κνηλωληθώλ ΑƃƅƀιίƃƂωλ - ΣƀκƂίν ΠιƂνλάδνλƄνο Πξνƃωπηθνύ - ΚƂλƄξηθό ΣƀκƂίν ΑƁƂηώλ - ΑλƄηλƀξθωƄηθό ΢πκβνύιην Κύπξνπ - Ογθνινγηθό ΚέλƄξν Ƅεο ΣξάπƂδƀο Κύπξνπ - Οξγƀληƃκόο Αƃƅάιηƃεο ΤγƂίƀο - ΙλƃƄηƄνύƄν ZƂλƂƄηθήο θƀη ΝƂπξνινγίƀο - ΚƂλƄξηθή ΣξάπƂδƀ Ƅεο Κύπξνπ - ΥξεκƀƄηƃƄήξην Αμηώλ Κύπξνπ - Οξγƀληƃκόο ΥξεκƀƄνƁνƄήƃƂωο ΢Ƅέγεο - ΚƂλƄξηθόο ſνξέƀο ΙƃόƄηκεο ΚƀƄƀλνκήο Βƀξώλ - ΊƁξπκƀ ΚξƀƄηθώλ ΤπνƄξνƅηώλ Κύπξνπ - Κππξηƀθόο Οξγƀληƃκόο ΑγξνƄηθώλ Πιεξωκώλ - Οξγƀληƃκόο ZƂωξγηθήο Αƃƅάιηƃεο - ΔηƁηθό ΣƀκƂίν ΑλƀλƂώƃηκωλ Πεγώλ ΔλέξγƂηƀο θƀη Δμνηθνλόκεƃεο ΔλέξγƂηƀο - ΢πκβνύιην Διƀηνθνκηθώλ ΠξνϊόλƄωλ - Οξγƀληƃκόο Κππξηƀθήο ZƀιƀθƄνθνκηθήο Βηνκερƀλίƀο - ΢πκβνύιην ΑκπƂιννηληθώλ ΠξνϊόλƄωλ - ΢πκβνύιην Δκπνξίƀο Κππξηƀθώλ ΠƀƄƀƄώλ - Δπξωπƀϊθό ΙλƃƄηƄνύƄν Κύπξνπ - ΡƀƁηνƅωληθό ΊƁξπκƀ Κύπξνπ - Οξγƀληƃκόο ΝƂνιƀίƀο Κύπξνπ - Κππξηƀθόλ ΠξƀθƄνξƂίνλ ΔηƁήƃƂωλ - zƂƀƄξηθόο Οξγƀληƃκόο Κύπξνπ - Κππξηƀθόο Οξγƀληƃκόο ΑζιεƄηƃκνύ - Αξρή ΑλάπƄπμεο Αλζξώπηλνπ Γπλƀκηθνύ Κύπξνπ - Αξρή ΚξƀƄηθώλ ΔθζέƃƂωλ Κύπξνπ - ΔιƂγθƄηθή ΤπεξƂƃίƀ ΢πλƂξγƀƄηθώλ ΔƄƀηξƂηώλ - Κππξηƀθόο Οξγƀληƃκόο Σνπξηƃκνύ - Κππξηƀθόο Οξγƀληƃκόο ΑλƀπƄύμƂωο Zεο - ΢πκβνύιηƀ ΑπνρƂƄƂύƃƂωλ (This category refers to the ΢πκβνύιηƀ ΑπνρƂƄƂύƃƂωλ which has been established and operates in accordance with the provisions of the ΑπνρƂƄƂπƄηθώλ ΢πƃƄεκάƄωλ Νόκνπ Ν.1(Ι) of 1971) - ΢πκβνύιηƀ ΢ƅƀγƂίωλ (This category refers to the ΚƂλƄξηθά θƀη ΚνηλνƄηθά ΢πκβνύιηƀ ΢ƅƀγƂίωλ managed by local authorities, which have been established and operate in accordance with the provisions of the ΢ƅƀγƂίωλ Νόκνπ N.26(Ι) of 2003) - ΢ρνιηθέο ΔƅνξƂίƂο (This category refers to the ΢ρνιηθέο ΔƅνξƂίƂο which have been established and operate in accordance with the provisions of the ΢ρνιηθώλ ΔƅνξƂηώλ Νόκνπ N.108 of 2003) - ΣƀκƂίν zήξƀο - Κππξηƀθόο Οξγƀληƃκόο ΓηƀρƂίξηƃεο ΑπνζƂκάƄωλ ΠƂƄξƂιƀηνƂηƁώλ - ΊƁξπκƀ ΣƂρλνινγίƀο Κύπξνπ - ΊƁξπκƀ Πξνώζεƃεο ΈξƂπλƀο - ΊƁξπκƀ ΔλέξγƂηƀο Κύπξνπ - ΔηƁηθό ΣƀκƂίν Πƀξƀρώξεƃεο ΔπηƁόκƀƄνο Γηƀθίλεƃεο Αλƀπήξωλ - ΣƀκƂίν ΔπεκƂξίƀο Δζλνƅξνπξνύ - ΊƁξπκƀ ΠνιηƄηƃκνύ Κύπξνπ Latvia - Public law entities that make purchases in accordance with "Publisko iepirkumu likuma prasībām" Lithuania - Research and education establishments (higher education institutions, scientific research establishments, research parks as well as establishments and institutions whose activity is related to the evaluation and organization of research and education) - Educational establishments (higher education, professional education, general education, preschool centers, informal education institutes, special education institutes and other establishments) - Cultural establishments (theaters, museums, libraries and other establishments) - National establishments of the Lithuanian health system (individual health protection establishments, public health protection establishments, pharmaceutical activity establishments and other health protection systems, among others) - Social care institutions - Physical culture and sports institutions (sports clubs, sports schools, sports centers, sports facilities and other establishments) - Establishments of the national defense system - Environmental protection establishments - Establishments ensuring public safety and order - Civil protection and rescue system establishments - Tourism service providers (tourist information centers and other establishments providing tourism services) - Other public and private persons in accordance with the conditions established in Article 4, paragraph 2, of the Public Procurement Law (Ley de Contratación Pública) ("Valstybės ņinios", Official Gazette No. 84-2000, 1996; No. 4-102, 2006).

Luxembourg - Établissements publics de l'État placés sous la surveillance d'un membre du gouvernement:

- Fonds d'Urbanisation et d'Aménagement du Plateau de Kirchberg - Fonds de Rénovation de Quatre Ilôts de la Vieille Ville de Luxembourg - Fonds Belval - Établissements publics placés sous la surveillance des communes.

- Syndicats de communes créés en vertu de la loi du 23 février 2001 concernant les syndicats de communes.

Hungary Entities - Egyes költségvetési szervek (certain budgetary bodies) - Az elkülönített állami pénzalapok kezelője (managing bodies of the various state funds) - A közalapítványok (public foundations) - A Magyar Nemzeti Bank - A Magyar Nemzeti Vagyonkezelő Zrt.

- A Magyar Fejlesztési Bank Részvénytársaság - A Magyar Távirati Iroda Részvénytársaság - A közszolgálati műsorszolgáltatók (public broadcasting entities) - Azok a közműsor-szolgáltatók, amelyek működését többségi részben állami, illetve önkormányzati költségvetésből finanszírozzák (public broadcasting entities, financed primarily from public budgets) - Az Országos Rádió és Televízió Testület Categories - Organizations established for the purpose of meeting needs in the public interest, lacking an industrial or commercial character, and controlled by public entities or financed, primarily, by public entities (from public budgets) - Organizations established by a law that determines their public tasks and operation, and controlled by public entities or financed, for the most part, by public entities (from public budgets) - Organizations established by public entities for the purpose of carrying out their basic activities, and controlled by public entities.

Malta - Uffiċċju tal-Prim Ministru (Office of the Prime Minister) - Kunsill Malti Għall-Iżvilupp Ekonomiku u Soċjali (Malta Council for Economic and Social Development).

- Awtorità tax-Xandir (Broadcasting Authority).

- Industrial Projects and Services Ltd.

- Kunsill ta' Malta għax-Xjenza u Teknoloġija (Malta Council for Science and Technology) - Ministeru tal-Finanzi (Ministry of Finance) - Awtorità għas-Servizzi Finanzjarji ta' Malta (Malta Financial Services Authority).

- Borża ta' Malta (Malta Stock Exchange).

- Awtorità dwar Lotteriji u l-Loghob (Lotteries and Gaming Authority).

- Awtorità tal-Istatistika ta' Malta (Malta Statistics Authority).

- Sezzjoni ta' Konformità mat-Taxxa (Tax Compliance Unit).

- Ministeru tal-Ġustizzja u l-Intern (Ministry of Justice and Home Affairs) - Ċentru Malti tal-Arbitraġġ (Malta Arbitration Centre).

- Kunsilli Lokali (Local Councils).

- Ministeru tal-Edukazzjoni, Żgħażagħ u Impjiegi (Ministry of Education, Youth and Employment) - Junior College.

- Kulleġġ Malti għall-Arti, Xjenza u Teknoloġija (Malta College of Arts, Science and Technology).

- Università` ta' Malta (University of Malta).

- Fondazzjoni għall-Istudji Internazzjonali (Foundation for International Studies).

- Fondazzjoni għall-Iskejjel ta' Għada (Foundation for Tomorrow's Schools).

- Fondazzjoni għal Servizzi Edukattivi (Foundation for Educational Services).

- Korporazzjoni tal-Impjieg u t-Taħriġ (Employment and Training Corporation).

- Awtorità` tas-Saħħa u s-Sigurtà (Health and Safety Authority).

- Istitut għalStudji Turistiċi (Institute for Tourism Studies).

- Kunsill Malti għall-Isport (Malta Council for Sport).

- Bord tal-Koperattivi (Cooperatives Board).

- Pixxina Nazzjonali tal-Qroqq (National Pool tal-Qroqq).

- Ministeru tat-Turiżmu u Kultura (Ministry for Tourism and Culture) - Awtorità Maltija-għat-Turiżmu (Malta Tourism Authority).

- Heritage Malta.

- Kunsill Malti għall-Kultura u l-Arti (National Council for Culture and the Arts).

- Ċentru għall-Kreativita fil-Kavallier ta' San Ġakbu (St. James Cavalier Centre for Creativity).

- Orkestra Nazzjonali (National Orchestra).

- Teatru Manoel (Manoel Theatre).

- Ċentru tal- Konferenzi tal-Mediterran (Mediterranean Conference Centre).

- Ċentru Malti għar-Restawr (Malta Centre for Restoration).

- Sovrintendenza tal-Patrimonju Kulturali (Superintendence of Cultural Heritage).

- Fondazzjoni Patrimonju Malti.

- Ministeru tal-Kompetittività u l-Komunikazzjoni (Ministry for Competitiveness and Communications) - Awtorità` ta' Malta dwar il-Komuikazzjoni (Malta Communications Authority).

- Awtorità` ta' Malta dwar l-Istandards (Malta Standards Authority).

- Ministeru tar-Riżorsi u Infrastruttura (Ministry for Resources and Infrastructure) - Awtorità` ta' Malta dwar ir-Riżorsi (Malta Resources Authority).

- Kunsill Konsultattiv dwar l-Industija tal-Bini (Consultative Council for the Building Industry).

- Ministeru għal Għawdex (Ministry for Gozo) - Ministeru tas-Saħħa, l-Anzjani u Kura fil-Komunità (Ministry of Health, the Elderly and Community Care) - Fondazzjoni għas-Servizzi Mediċi (Foundation for Medical Services).

- Sptar Zammit Clapp (Zammit Clapp Hospital).

- Sptar Mater Dei (Mater Dei Hospital).

- Sptar Monte Carmeli (Mount Carmel Hospital).

- Awtorità dwar il-Mediċini (Medicines Authority).

- Kumitat tal-Welfare (Welfare Committee).

- Ministeru għall-Investiment, Industrija u Teknologija ta' Informazzjoni (Ministry for Investment, Industry and Information Technology) - Laboratorju Nazzjonali ta' Malta (Malta National Laboratory).

- MGI/Mimcol.

- Gozo Channel Co. Ltd.

- Kummissjoni dwar il-Protezzjoni tad-Data (Data Protection Commission).

- MITTS - Sezzjoni tal-Privatizzazzjoni (Privatisation Unit).

- Sezzjoni għan-Negozjati Kollettivi (Privatisation Unit).

- Malta Enterprise.

- Malta Industrial Parks.

- Ministeru għall-Affarijiet Rurali u l-Ambjent (Ministry for Rural Affairs and the Environment) - Awtorità ta' Malta għall-Ambjent u l-Ippjanar (Malta Environment and Planning Authority).

- Wasteserv Malta Ltd.

- Ministeru għall-Iżvilupp Urban u Toroq (Ministry for Urban Development and Roads) - Ministeru għall-Familja u Solidarjetà Socjali (Ministry for the Family and Social Solidarity) - Awtorità tad-Djar (Privatisation Unit).

- Fondazzjoni għas-Servizzi Soċjali (Malta Environment and Planning Authority).

- Sedqa.

- Appoġġ.

- Kummissjoni Nazzjonali Għal Persuni b'Diżabilità (National Commission for Persons with Disability).

- Sapport.

- Ministeru għall-Affarijiet Barranin (Ministry of Foreign Affairs) - Istitut Internazzjonali tal-Anzjani (International Institute on Ageing).

Netherlands Entities - Ministerie van Binnenlandse Zaken en Koninkrijksrelaties - Nederlands Instituut voor Brandweer en rampenbestrijding (NIBRA) - Nederlands Bureau Brandweer Examens (NBBE) - Landelijk Selectie- en Opleidingsinstituut Politie (LSOP) - 25 afzonderlijke politieregio's - (25 individual police regions) - Stichting ICTU - Voorziening tot samenwerking Politie Nederland - Ministerie van Economische Zaken - Stichting Syntens - Van Swinden Laboratorium B.V.

- Nederlands Meetinstituut B.V.

- Nederland Instituut voor Vliegtuigontwikkeling en Ruimtevaart (NIVR) - Nederlands Bureau voor Toerisme en Congressen - Samenwerkingsverband Noord Nederland (SNN) - Ontwikkelingsmaatschappij Oost Nederland N.V.(Oost N.V.)

- LIOF (Limburg Investment Development Company LIOF) - Noordelijke Ontwikkelingsmaatschappij (NOM) - Brabantse Ontwikkelingsmaatschappij (BOM) - Onafhankelijke Post en Telecommunicatie Autoriteit (Opta) - Centraal Bureau voor de Statistiek (CBS) - Energieonderzoek Centrum Nederland (ECN) - Stichting PUM (Programma Uitzending Managers) - Stichting Kenniscentrum Maatschappelijk Verantwoord Ondernemen (MVO) - Kamer van Koophandel Nederland - Ministerie van Financiën - De Nederlandse Bank N.V.

- Autoriteit Financiële Markten - Pensioen- & Verzekeringskamer - Ministerie van Justitie - Stichting Reclassering Nederland (SRN) - Stichting VEDIVO - Voogdij- en gezinsvoogdij instellingen - (Guardianship and Family Guardianship Institutions) - Stichting Halt Nederland (SHN) - Particuliere Internaten - (Private Boarding Schools) - Particuliere Jeugdinrichtingen - (Penal Institutions for Juvenile Offenders) - Schadefonds Geweldsmisdrijven - Centraal Orgaan opvang asielzoekers (COA) - Landelijk Bureau Inning Onderhoudsbijdragen (LBIO) - Landelijke organisaties slachtofferhulp - College Bescherming Persoongegevens - Raden voor de Rechtsbijstand - Stichting Rechtsbijstand Asiel - Stichtingen Rechtsbijstand - Landelijk Bureau Racisme bestrijding (LBR) - Clara Wichman Instituut - Ministerie van Landbouw, Natuur en Voedselkwaliteit - Bureau Beheer Landbouwgronden - Faunafonds - Staatsbosbeheer - Stichting Voorlichtingsbureau voor de Voeding - Universiteit Wageningen - Stichting DLO - (Hoofd) productschappen - (professional groupings) - Ministerie van Onderwijs, Cultuur en Wetenschap The competent authorities of:

- public schools or privately run publicly funded schools subject to the Wet op het primair onderwijs (Primary Education Act); - public or privately run publicly funded schools for special primary education, subject to the Wet op het primair onderwijs (Primary Education Act); - public or privately run publicly funded schools and institutions for special and secondary education, subject to the Wet op de expertisecentra (Resource Centres Act); - public or privately run publicly funded schools and institutions for secondary education, subject to the Wet op het voortgezet onderwijs (Secondary Education Act); - public or privately run publicly funded institutions for education, subject to the Wet Educatie en Beroepsonderwijs (Education and Vocational Training Act); - publicly funded universities and higher education institutions, the Open University and university hospitals, subject to the Wet op het hoger onderwijs en wetenschappelijk onderzoek (Higher Education and Scientific Research Act); - school guidance services subject to the Wet op het primair onderwijs (Primary Education Act) and the Wet op de exertisecentra (Resource Centres Act); - national teacher training centres subject to the Wet subsidiëring landelijke onderwijsondersteunende activiteiten (Subsidies for National Educational Support Activities Act); - Broadcasting organisations subject to the Mediawet (Media Act), provided they are funded more than 50% by the Ministry of Education, Culture and Science; - Services subject to the Wet Verzelfstandiging Rijksmuseale Diensten (Privatisation of National Museum Services Act); - Other organisations and institutions in the field of education, culture and science that are funded more than 50% by the Ministry of Education, Culture and Science.

- All organisations that are funded more than 50% by the Ministry of Education, Culture and Science, such as, for example:

- Bedrijfsfonds voor de Pers (BvdP) - Commissariaat voor de Media (CvdM) - Informatie Beheer Groep (IB-Groep) - Koninklijke Bibliotheek (KB) - Koninklijke Nederlandse Academie van Wetenschappen (KNAW) - Vereniging voor Landelijke organen voor beroepsonderwijs (COLO) - Nederlands Vlaams Accreditatieorgaan Hoger Onderwijs (NVAO) - Fonds voor beeldende kunsten, vormgeving en bouwkunst - Fonds voor Amateurkunsten en Podiumkunsten - Fonds voor de scheppende toonkunst - Mondriaanstichting - Nederlands fonds voor de film - Stimuleringsfonds voor de architectuur - Fonds voor Podiumprogrammering- en marketing - Fonds voor de letteren - Nederlands Literair Productie- en Vertalingsfonds - Nederlandse Omroepstichting (NOS) - Nederlandse Organisatie voor Toegepast Natuurwetenschappelijk Onderwijs (TNO) - Nederlandse Organisatie voor Wetenschappelijk Onderzoek (NWO) - Stimuleringsfonds Nederlandse culturele omroepproducties (STIFO) - Vervangingsfonds en bedrijfsgezondheidszorg voor het onderwijs (VF) - Nederlandse organisatie voor internationale samenwerking in het hoger onderwijs (Nuffic) - Europees Platform voor het Nederlandse Onderwijs - Nederlands Instituut voor Beeld en Geluid (NIBG) - Stichting ICT op school - Stichting Anno - Stichting Educatieve Omroepcombinatie (EduCom) - Stichting Kwaliteitscentrum Examinering (KCE) - Stichting Kennisnet - Stichting Muziek Centrum van de Omroep - Stichting Nationaal GBIF Kennisknooppunt (NL-BIF) - Stichting Centraal Bureau voor Genealogie - Stichting Ether Reclame (STER) - Stichting Nederlands Instituut Architectuur en Stedenbouw - Stichting Radio Nederland Wereldomroep - Stichting Samenwerkingsorgaan Beroepskwaliteit Leraren (SBL) - Stichting tot Exploitatie van het Rijksbureau voor Kunsthistorische documentatie (RKD) - Stichting Sectorbestuur Onderwijsarbeidsmarkt - Stichting Nationaal Restauratiefonds - Stichting Forum voor Samenwerking van het Nederlands Archiefwezen en Documentaire Informatie - Rijksacademie voor Beeldende Kunst en Vormgeving - Stichting Nederlands Onderwijs in het Buitenland - Stichting Nederlands Instituut voor Fotografie - Nederlandse Taalunie - Stichting Participatiefonds voor het onderwijs - Stichting Uitvoering Kinderopvangregelingen/Kintent - Stichting voor Vluchteling-Studenten UAF - Stichting Nederlands Interdisciplinair Demografisch Instituut - College van Beroep voor het Hoger Onderwijs - Vereniging van openbare bibliotheken NBLC - Nederlandse Programmastichting - Stichting Stimuleringsfonds Nederlandse Culturele Omroepproducties - Stichting Lezen - Centrum voor innovatie van opleidingen - Instituut voor Leerplanontwikkeling - Landelijk Dienstverlenend Centrum voor studie- en beroepskeuzevoorlichting - Max Goote Kenniscentrum voor Beroepsonderwijs en Volwasseneneducatie - Stichting Vervangingsfonds en Bedrijfsgezondheidszorg voor het Onderwijs - BVE-Raad - Colo, Vereniging kenniscentra beroepsonderwijs bedrijfsleven - Stichting kwaliteitscentrum examinering beroepsonderwijs - Vereniging Jongerenorganisatie Beroepsonderwijs - Combo, Stichting Combinatie Onderwijsorganisatie - Stichting Financiering Struktureel Vakbondsverlof Onderwijs - Stichting Samenwerkende Centrales in het COPWO - Stichting SoFoKles - Europees Platform - Stichting mobiliteitsfonds HBO - Nederlands Audiovisueel Archiefcentrum - Stichting minderheden Televisie Nederland - Stichting omroep allochtonen - Stichting Multiculturele Activiteiten Utrecht - School der Poëzie - Nederlands Perscentrum - Nederlands Letterkundig Museum en documentatiecentrum - Bibliotheek voor varenden - Christelijke bibliotheek voor blinden en slechtzienden - Federatie van Nederlandse Blindenbibliotheken - Nederlandse luister- en braillebibliotheek - Federatie Slechtzienden- en Blindenbelang - Bibliotheek Le Sage Ten Broek - Doe Maar Dicht Maar - ElHizjra - Fonds Bijzondere Journalistieke Projecten - Fund for Central and East European Bookprojects - Jongeren Onderwijs Media - Ministerie van Sociale Zaken en Werkgelegenheid - Sociale Verzekeringsbank - Sociaal Economische Raad (SER) - Raad voor Werk en Inkomen (RWI) - Centrale organisatie voor werk en inkomen - Uitvoeringsinstituut werknemersverzekeringen - Ministerie van Verkeer en Waterstaat - RDW, Dienst Wegverkeer - Luchtverkeersleiding Nederland (LVNL) - Nederlandse Loodsencorporatie (NLC) - Regionale Loodsencorporatie (RLC) - Ministerie van Volkshuisvesting, Ruimtelijke Ordening en Milieubeheer - Kadaster - Centraal Fonds voor de Volkshuisvesting - Stichting Bureau Architectenregister - Ministerie van Volksgezondheid, Welzijn en Sport - Commissie Algemene Oorlogsongevallenregeling Indonesië (COAR) - College ter beoordeling van de Geneesmiddelen (CBG) - Commissies voor gebiedsaanwijzing - College sanering Ziekenhuisvoorzieningen - Zorgonderzoek Nederland (ZON) - Inspection bodies under the Wet medische hulpmiddelen - N.V. KEMA/Stichting TNO Certification - College Bouw Ziekenhuisvoorzieningen (CBZ) - College voor Zorgverzekeringen (CVZ) - Nationaal Comité 4 en 5 mei - Pensioen- en Uitkeringsraad (PUR) - College Tarieven Gezondheidszorg (CTG) - Stichting Uitvoering Omslagregeling Wet op de Toegang Ziektekostenverzekering (SUO) - Stichting tot bevordering van de Volksgezondheid en Milieuhygiëne (SVM) - Stichting Facilitair Bureau Gemachtigden Bouw VWS - Stichting Sanquin Bloedvoorziening - College van Toezicht op de Zorgverzekeringen organen ex artikel 14, lid 2c, Wet BIG - Ziekenfondsen - Nederlandse Transplantatiestichting (NTS) - Regionale Indicatieorganen (RIO's) Austria - All bodies subject to the budgetary control of the Rechnungshof (Court of Audit), except those of an industrial or commercial nature.

Poland (1) Public universities and academic institutions - Uniwersytet w Białymstoku - Uniwersytet w Gdańsku - Uniwersytet Śląski - Uniwersytet Jagielloński w Krakowie - Uniwersytet Kardynała Stefana Wyszyńskiego - Katolicki Uniwersytet Lubelski - Uniwersytet Marii Curie-Skłodowskiej - Uniwersytet Łódzki - Uniwersytet Opolski - Uniwersytet im. Adama Mickiewicza - Uniwersytet Mikołaja Kopernika - Uniwersytet Szczeciński - Uniwersytet Warmińsko-Mazurski w Olsztynie - Uniwersytet Warszawski - Uniwersytet Rzeszowski - Uniwersytet Wrocławski - Uniwersytet Zielonogórski - Uniwersytet Kazimierza Wielkiego w Bydgoszczy - Akademia Techniczno-Humanistyczna w Bielsku-Białej - Akademia Górniczo-Hutnicza im. St. Staszica w Krakowie - Politechnika Białostocka - Politechnika Częstochowska - Politechnika Gdańska - Politechnika Koszalińska - Politechnika Krakowska - Politechnika Lubelska - Politechnika Łódzka - Politechnika Opolska - Politechnika Poznańska - Politechnika Radomska im. Kazimierza Pułaskiego - Politechnika Rzeszowska im. Ignacego Łukasiewicza - Politechnika Szczecińska - Politechnika Śląska - Politechnika Świętokrzyska - Politechnika Warszawska - Politechnika Wrocławska - Akademia Morska w Gdyni - Wyższa Szkoła Morska w Szczecinie - Akademia Ekonomiczna im. Karola Adamieckiego w Katowicach - Akademia Ekonomiczna w Krakowie - Akademia Ekonomiczna w Poznaniu - Szkoła Główna Handlowa - Akademia Ekonomiczna im. Oskara Langego we Wrocławiu - Akademia Pedagogiczna im. KEN w Krakowie - Akademia Pedagogiki Specjalnej im. Marii Grzegorzewskiej - Akademia Podlaska w Siedlcach - Akademia Świętokrzyska im. Jana Kochanowskiego w Kielcach - Pomorska Akademia Pedagogiczna w Słupsku - Akademia Pedagogiczna im. Jana Długosza w Częstochowie - Wyższa Szkoła Filozoficzno-Pedagogiczna "Ignatianum" w Krakowie - Wyższa Szkoła Pedagogiczna w Rzeszowie - Akademia Techniczno-Rolnicza im. J. J. Śniadeckich w Bydgoszczy - Akademia Rolnicza im. Hugona Kołłątaja w Krakowie - Akademia Rolnicza w Lublinie - Akademia Rolnicza im. Augusta Cieszkowskiego w Poznaniu - Akademia Rolnicza w Szczecinie - Szkoła Główna Gospodarstwa Wiejskiego w Warszawie - Akademia Rolnicza we Wrocławiu - Akademia Medyczna w Białymstoku - Akademia Medyczna imt Ludwika Rydygiera w Bydgoszczy - Akademia Medyczna w Gdańsku - Śląska Akademia Medyczna w Katowicach - Collegium Medicum Uniwersytetu Jagiellońskiego w Krakowie - Akademia Medyczna w Lublinie - Uniwersytet Medyczny w Łodzi - Akademia Medyczna im. Karola Marcinkowskiego w Poznaniu - Pomorska Akademia Medyczna w Szczecinie - Akademia Medyczna w Warszawie - Akademia Medyczna im. Piastów Śląskich we Wrocławiu - Centrum Medyczne Kształcenia Podyplomowego - Chrześcijańska Akademia Teologiczna w Warszawie - Papieski Fakultet Teologiczny we Wrocławiu - Papieski Wydział Teologiczny w Warszawie - Instytut Teologiczny im. Błogosławionego Wincentego Kadłubka w Sandomierzu - Instytut Teologiczny im. Świętego Jana Kantego w Bielsku-Białej - Akademia Marynarki Wojennej im. Bohaterów Westerplatte w Gdyni - Akademia Obrony Narodowej - Wojskowa Akademia Techniczna im. Jarosława Dąbrowskiego w Warszawie - Wojskowa Akademia Medyczna im. Gen. Dyw. Bolesława Szareckiego w Łodzi - Wyższa Szkoła Oficerska Wojsk Lądowych im. Tadeusza Kościuszki we Wrocławiu - Wyższa Szkoła Oficerska Wojsk Obrony Przeciwlotniczej im. Romualda Traugutta - Wyższa Szkoła Oficerska im. gen. Józefa Bema w Toruniu - Wyższa Szkoła Oficerska Sił Powietrznych w Dęblinie - Wyższa Szkoła Oficerska im. Stefana Czarnieckiego w Poznaniu - Wyższa Szkoła Policji w Szczytnie - Szkoła Główna Służby Pożarniczej w Warszawie - Akademia Muzyczna im. Feliksa Nowowiejskiego w Bydgoszczy - Akademia Muzyczna im. Stanisława Moniuszki w Gdańsku - Akademia Muzyczna im. Karola Szymanowskiego w Katowicach - Akademia Muzyczna w Krakowie - Akademia Muzyczna im. Grażyny i Kiejstuta Bacewiczów w Łodzi - Akademia Muzyczna im. Ignacego Jana Paderewskiego w Poznaniu - Akademia Muzyczna im. Fryderyka Chopina w Warszawie - Akademia Muzyczna im. Karola Lipińskiego we Wrocławiu - Akademia Wychowania Fizycznego i Sportu im. Jędrzeja Śniadeckiego w Gdańsku - Akademia Wychowania Fizycznego w Katowicach - Akademia Wychowania Fizycznego im. Bronisława Czecha w Krakowie - Akademia Wychowania Fizycznego im. Eugeniusza Piaseckiego w Poznaniu - Akademia Wychowania Fizycznego Józefa Piłsudskiego w Warszawie - Akademia Wychowania Fizycznego we Wrocławiu - Akademia Sztuk Pięknych w Gdańsku - Akademia Sztuk Pięknych Katowicach - Akademia Sztuk Pięknych im. Jana Matejki w Krakowie - Akademia Sztuk Pięknych im. Władysława Strzemińskiego w Łodzi - Akademia Sztuk Pięknych w Poznaniu - Akademia Sztuk Pięknych w Warszawie - Akademia Sztuk Pięknych we Wrocławiu - Państwowa Wyższa Szkoła Teatralna im. Ludwika Solskiego w Krakowie - Państwowa Wyższa Szkoła Filmowa, Telewizyjna i Teatralna im. Leona Schillera w Łodzi - Akademia Teatralna im. Aleksandra Zelwerowicza w Warszawie - Państwowa Wyższa Szkoła Zawodowa im. Jana Pawła II w Białej Podlaskiej - Państwowa Wyższa Szkoła Zawodowa w Chełmie - Państwowa Wyższa Szkoła Zawodowa w Ciechanowie - Państwowa Wyższa Szkoła Zawodowa w Elblągu - Państwowa Wyższa Szkoła Zawodowa w Głogowie - Państwowa Wyższa Szkoła Zawodowa w Gorzowie Wielkopolskim - Państwowa Wyższa Szkoła Zawodowa im. Ks, Bronisława Markiewicza w Jarosławiu - Kolegium Karkonoskie w Jeleniej Górze - Państwowa Wyższa Szkoła Zawodowa im. Prezydenta Stanisława Wojciechowskiego w Kaliszu - Państwowa Wyższa Szkoła Zawodowa w Koninie - Państwowa Wyższa Szkoła Zawodowa w Krośnie - Państwowa Wyższa Szkoła Zawodowa im, Witelona w Legnicy - Państwowa Wyższa Szkoła Zawodowa im. Jana Amosa Komeńskiego w Lesznie - Państwowa Wyższa Szkoła Zawodowa w Nowym Sączu - Państwowa Wyższa Szkoła Zawodowa w Nowym Targu - Państwowa Wyższa Szkoła Zawodowa w Nysie - Państwowa Wyższa Szkoła Zawodowa im. Stanisława Staszica w Pile - Państwowa Wyższa Szkoła Zawodowa w Płocku - Państwowa Wyższa Szkoła Wschodnioeuropejska w Przemyślu - Państwowa Wyższa Szkoła Zawodowa w Raciborzu - Państwowa Wyższa Szkoła Zawodowa im. Jana Gródka w Sanoku - Państwowa Wyższa Szkoła Zawodowa w Sulechowie - Państwowa Wyższa Szkoła Zawodowa im. Prof. Stanisława Tarnowskiego w Tarnobrzegu - Państwowa Wyższa Szkoła Zawodowa w Tarnowie - Państwowa Wyższa Szkoła Zawodowa im. Angelusa Silesiusa w Wałbrzychu - Państwowa Wyższa Szkoła Zawodowa we Włocławku - Państwowa Medyczna Wyższa Szkoła Zawodowa w Opolu - Państwowa Wyższa Szkoła Informatyki i Przedsiębiorczości w Łomży - Państwowa Wyższa Szkoła Zawodowa w Gnieźnie - Państwowa Wyższa Szkoła Zawodowa w Suwałkach - Państwowa Wyższa Szkoła Zawodowa w Wałczu - Państwowa Wyższa Szkoła Zawodowa w Oświęcimiu - Państwowa Wyższa Szkoła Zawodowa w Zamościu (2) Cultural institutions of regional and local autonomous governments (3) National parks - Babiogórski Park Narodowy - Białowieski Park Narodowy - Biebrzański Park Narodowy - Bieszczadzki Park Narodowy - Drawieński Park Narodowy - Gorczański Park Narodowy - Kampinoski Park Narodowy - Karkonoski Park Narodowy - Magurski Park Narodowy - Narwiański Park Narodowy - Ojcowski Park Narodowy - Park Narodowy "Bory Tucholskie" - Park Narodowy Gór Stołowych - Park Narodowy "Ujście Warty" - Pieniński Park Narodowy - Poleski Park Narodowy - Roztoczański Park Narodowy - Słowiński Park Narodowy - Świętokrzyski Park Narodowy - Tatrzański Park Narodowy - Wielkopolski Park Narodowy - Wigierski Park Narodowy - Woliński Park Narodowy (4) Public primary and secondary schools (5) Public radio and television broadcasters - Telewizja Polska S.A. (Polish TV) - Polskie Radio S.A. (Polish Radio) (6) Public museums, theatres, libraries and other public cultural institutions:

- Muzeum Narodowe w Krakowie - Muzeum Narodowe w Poznaniu - Muzeum Narodowe w Warszawie - Zamek Królewski w Warszawie - Zamek Królewski na Wawelu - Państwowe Zbiory Sztuki - Muzeum Żup Krakowskich - Państwowe Muzeum Auschwitz-Birkenau - Państwowe Muzeum na Majdanku - Muzeum Stutthof w Sztutowie - Muzeum Zamkowe w Malborku - Centralne Muzeum Morskie - Muzeum "Łazienki Królewskie" - Muzeum Pałac w Wilanowie - Muzeum Łowiectwa i Jeździectwa w Warszawie - Muzeum Wojska Polskiego - Teatr Narodowy - Narodowy Stary Teatr Kraków - Teatr Wielki - Opera Narodowa - Filharmonia Narodowa - Galeria Zachęta - Centrum Sztuki Współczesnej - Centrum Rzeźby Polskiej w Orońsku - Międzynarodowe Centrum Kultury w Krakowie - Instytut im, Adama Mickiewicza - Dom Pracy Twórczej w Wigrach - Dom Pracy Twórczej w Radziejowicach - Instytut Dziedzictwa Narodowego - Biblioteka Narodowa - Instytut Książki - Polski Instytut Sztuki Filmowej - Instytut Teatralny - Filmoteka Narodowa - Narodowe Centrum Kultury - Muzeum Sztuki Nowoczesnej w Warszawie - Muzeum Historii Polski w Warszawie - Centrum Edukacji Artystycznej (7) Public research institutions, research and development institutions, and other research institutions (8) Autonomous Public Health Care Management Units whose financing entity is a regional or local autonomous entity or an association of the same (9) Others - Państwowa Agencja Informacji i Inwestycji Zagranicznych Portugal - Institutos públicos sem carácter comercial ou industrial - (public institutes without a commercial or industrial character) - Serviços públicos personalizados - (public services with legal personality) - Fundações públicas- (public foundations) - Estabelecimentos públicos de ensino, investigação científica e saúde - (public institutions for education, scientific research and health), - INGA (Instituto Nacional de Intervenção e Garantia Agrícola/National Institute for Agricultural Intervention and Guarantee) - Instituto do Consumidor- (Consumer Institute) - Instituto de Meteorologia -(Meteorology Institute) - Instituto da Conservação da Natureza -(Institute for Nature Conservation) Instituto da Agua-(Water Institute) - ICEP / Instituto de Comércio Externo de Portugal-(Portuguese Foreign Trade Institute) - Instituto do Sangue -(Blood Institute) Romania - Academia Română - Biblioteca Naţională a României - Arhivele Naţionale - Institutul Diplomatic Român - Institutul Cultural Român - Institutul European din România - Institutul de Investigare a Crimelor Comunismului - Institutul de Memorie Culturală - Agenţia Naţională pentru Programe Comunitare în Domeniul Educaţiei şi Formării Profesionale - Centrul European UNESCO pentru Invăţământul Superior - Comisia Naţională a României pentru UNESCO - Societatea Română de Radiodifuziune - Societatea Română de Televiziune - Societatea Naţională pentru Radiocomunicaţii - Centrul Naţional al Cinematografiei - Studioul de Creaţie Cinematografică - Arhiva Naţională de Filme - Muzeul Naţional de Artă Contemporană - Palatul Naţional al Copiilor - Centrul Naţional pentru Burse de Studii în Străinătate - Agenţia pentru Sprijinirea Studenţilor - The Romanian Olympic and Sports Committee - The Agency for European Cooperation in the Field of Youth (EUROTIN) - The National Agency for Supporting Youth Initiatives (ANSIT) - The National Research Institute for Sports - The National Council for Combating Discrimination - The State Secretariat for the Problems of the December 1989 Revolutionaries - The State Secretariat for Religious Affairs - The National Housing Agency - The National House of Pensions and Other Social Insurance Rights - The National House of Health Insurance - The Labour Inspectorate - The Central State Office for Special Problems - The General Inspectorate for Emergency Situations - The National Agricultural Consultancy Agency - The National Agency for Improvement and Reproduction in Zootechnics - The Central Laboratory for Phytosanitary Quarantine - The Central Laboratory for Seed and Planting Material Quality - The Institute for the Control of Biological Products and Veterinary Medicines - The Institute of Veterinary Public Health and Hygiene - The Institute of Animal Diagnosis and Health - The State Institute for Variety Testing and Registration - The Plant Genetic Resources Bank - The National Agency for the Development and Implementation of Mining Area Reconstruction Programs - The National Agency for Dangerous Chemical Substances and Preparations - The National Agency for the Control of Strategic Exports and the Prohibition of Chemical Weapons - The Administration of the "Danube Delta" Biosphere Reserve Tulcea - The National Forest Administration (ROMSILVA) - The National Administration of State Reserves - The National Administration "Romanian Waters" - The National Meteorological Administration - The National Commission for Material Recycling - The National Commission for the Control of Nuclear Activities - The Managerial Agency for Scientific Research, Innovation and Technology Transfer - The Office for the Administration and Operation of the "RoEduNet" Data Communications Infrastructure - The State Inspectorate for the Control of Boilers, Pressure Vessels and Lifting Installations - The Romanian Centre for the Training and Improvement of Naval Transport Personnel - The Civil Navigation Inspectorate (INC) - The Autonomous Regia "Romanian Auto Register" - The Romanian Space Agency - The Superior School of Civil Aviation - The Autonomous Regia "Romanian Civil Aeronautical Authority" - The Romanian Aeroclub - The Training Centre for Industry Personnel Buşteni - The Romanian Centre for Foreign Trade - The Training and Management Centre Bucharest - The Research Agency for Military Technology and Techniques - The Romanian Agency for Naval Intervention and Rescue - ARSIN - The Romanian Standards Association (ASRO) - The Romanian Accreditation Association (RENAR) - The National Commission for Prognosis (CNP) - The National Institute of Statistics (INS) - The National Securities Commission (CNVM) - The Insurance Supervisory Commission (CSA) - The Supervisory Commission of the Private Pension System - The Economic and Social Council (CES) - The State Domains Agency - The National Office of the Trade Register - The Authority for the Valorisation of State Assets (AVAS) - The National Council for the Study of the Securitate Archives - The People's Advocate (Ombudsman) - The National Institute of Administration (INA) - The National Inspectorate for Person Records - The State Office for Inventions and Trademarks (OSIM) - The Romanian Copyright Office (ORDA) - The National Office of Historical Monuments - The National Office for the Prevention and Combating of Money Laundering (ONPCSB) - The Romanian Bureau of Legal Metrology - The State Inspectorate in Construction - The National Investment Company - The National Company of Motorways and National Roads - The National Agency for Cadastre and Real Estate Advertising - The National Administration of Land Reclamation - The Financial Guard - The National Environmental Guard - The National Institute of Forensic Expertise - The National Institute of Magistracy - The National School of Clerks - The General Administration of Penitentiaries - The Office of the National Register of State Secret Information - The National Customs Authority - The National Bank of Romania - The Autonomous Regia "State Mint" - The Autonomous Regia "National Bank Printing House" - The Autonomous Regia "Official Gazette" - The National Office for the Cult of Heroes - The Romanian Office for Adoptions - The Romanian Office for Immigration - The National Company "Loteria Română" - The National Company "ROMTEHNICA" - The National Company "ROMARM" - The National Agency for Roma - The National News Agency "ROMPRESS" - The Autonomous Regia "Administration of the State Protocol Heritage" - Research Institutes and Centres (Institutos y Centros de Investigación) - State Educational Institutions (Institutos de Educación Estatal) - State Universities (Universidades Estatales) - Museums (Museos) - State Libraries (Bibliotecas estatales) - State Theatres, Operas, Operettas, Philharmonic, Cultural Centres and Houses (Teatros Estatales, Operas, Operetas, Orquesta Filarmónica, Casas y Centros Culturales) - Magazines (Revistas) - Publishing Houses (Casas Editoras) - School, Culture, and Religious Affairs Inspectorates (Inspecciones de Escuelas, Cultura y Cultos) - Sports Complexes, Federations and Clubs (Federaciones y Clubes Deportivos) - Hospitals, Sanatoria, Polyclinics, Dispensaries, Medical Centres, Medico-Legal Institutes, Ambulance Stations (Hospitales, Sanatorios, Clínicas, Unidades Médicas, Institutos Médico-Legales, Estacionamientos de Ambulancias) - Social Assistance Units (Unidades de Asistencia Social) - Courts (Cortes) - Courts of First Instance (Juzgados) - Courts of Appeal (Cortes de Apelación) - Penitentiaries (Penitenciarías) - Prosecutor's Offices attached to the Courts (Oficinas de Fiscales) - Military Units (Unidades Militares) - Military Courts (Cortes Militares) - Police Inspectorates (Inspecciones Judiciales) - Rest Houses (Casas de Descanso) Slovenia - Javni zavodi s področja vzgoje, izobraņevanja ter ńporta (public entities in the area of childcare, education and sport) - Javni zavodi s področja zdravstva (public health care institutes) - Javni zavodi s področja socialnega varstva (public social security institutes) - Javni zavodi s področja kulture (public cultural institutes) - Javni zavodi s področja raziskovalne dejavnosti (public science and research institutes) - Javni zavodi s področja kmetijstva in gozdarstva (public agriculture and forestry institutes) - Javni zavodi s področja okolja in prostora (public environment and spatial planning institutes) - Javni zavodi s področja gospodarskih dejavnosti (public economic activities institutes) - Javni zavodi s področja malega gospodarstva in turizma (public small business and tourism institutes) - Javni zavodi s področja javnega reda in varnosti (public public order and security institutes) - Agencies (agencias) - Social security funds (fondos de la seguridad social) - Javni skladi na ravni drņave in na ravni občin (central Government and municipal public funds) - Druņba za avtoceste v RS (Slovenian Motorway Company) - Entities created by the State or local bodies and covered by the budget of Slovenia and other local authorities - Other legal persons that meet the definition of "State persons" set out in ZJN-2, Article 3, paragraph 2.

Slovakia - Any legal person constituted or established by any regulation or administrative measure for the purpose of meeting needs in the general interest, not having an industrial or commercial character, and which simultaneously meets at least one of the following conditions: - is totally or partially financed by a contracting authority, for example a government authority, municipality, Autonomous Region or other legal person, which meets the same conditions set out in Article 1, paragraph 9, subparagraphs a), b) or c) of Directive 2004/18/EC of the UK Parliament(*) and of the Council, (*) (Thus substituted its name by the Joint Declarations section "Joint Declaration on Mutatis Mutandis" of the annex to International Treaty No. 9775 of 29 October 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on 18 July 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Paragraph 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on 18 July 2019". Previously it stated "European Parliament") - is managed or controlled by a contracting authority, for example a government authority, municipality, Autonomous Region or other legal person, which meets the same conditions set out in Article 1, paragraph 9, subparagraphs a), b) or c) of Directive 2004/18/EC of the UK Parliament(*) and of the Council, (*) (Thus substituted its name by the Joint Declarations section "Joint Declaration on Mutatis Mutandis" of the annex to International Treaty No. 9775 of 29 October 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on 18 July 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Paragraph 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on 18 July 2019". Previously it stated "European Parliament") - is a contracting authority, for example a government authority, municipality, Autonomous Region or other legal person, which meets the same conditions set out in Article 1, paragraph 9, subparagraphs a), b) or c) of Directive 2004/18/EC of the UK Parliament(*) and of the Council, which appoints or elects more than half plus one of the members of the general or supervisory board.

(*) (Thus substituted its name by the Joint Declarations section "Joint Declaration on Mutatis Mutandis" of the annex to International Treaty No. 9775 of 29 October 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on 18 July 2019; its Annex, its Joint Declarations and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on Paragraph 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on 18 July 2019". Previously it stated "European Parliament") Such persons are public law entities that carry out the activity, for example: - Pursuant to Act No. 16/2004 Coll. on Slovak Television, - Pursuant to Act No. 619/2003 Coll. on Slovak Radio, - Pursuant to Act No. 581/2004 Coll. on health insurance companies within the terms of Act No. 719/2004 Coll. that provide health insurance in accordance with Act No. 580/2004 Coll., - Pursuant to Act No. 121/2005 Coll., which promulgates the consolidated wording of Act No. 461/2003 Coll. on social security, as amended.

Finland Public or publicly controlled organisations or undertakings, except those of a commercial nature.

Sweden All non-commercial entities whose public contracts are subject to the supervision of the Swedish Competition Authority.

United Kingdom Entities - Design Council - Health and Safety Executive - National Research Development Corporation - Public Health Laboratory Service Board - Advisory, Conciliation and Arbitration Service - Commission for the New Towns - National Blood Authority - National Rivers Authority - Scottish Enterprise - Ordnance Survey - Financial Services Authority Categories - Managed schools - Universities and colleges financed mainly by other contracting entities - National museums and galleries - Research Councils - Fire Authorities - National Health Service Strategic Health Authorities - Police Authorities - New Town Development Corporations - Urban Development Corporations

OTHER COVERED ENTITIES THAT PROCURE IN ACCORDANCE WITH THE PROVISIONS OF TITLE V OF PART IV OF THIS AGREEMENT A. LIST OF COSTA RICA The title applies to other covered entities that procure in accordance with the provisions of this Agreement, when the value of the procurement is equal to or greater than:

Goods Thresholds: 1. For entities in List A: 200,000 SDR 2. For entities in List B: 400,000 SDR Services Specified in Section D Thresholds: 1. For entities in List A: 200,000 SDR 2. For entities in List B: 400,000 SDR Construction Services Specified in Section E Threshold for Lists A and B: 5,000,000 SDR List of Entities List A: 1. Administrative Board of the National Printing Office 2. Programa Integral de Mercadeo Agropecuario - PIMA 3. Banco Hipotecario de la Vivienda - BANHVI 4. Public Transport Council 5. Instituto Costarricense del Deporte y la Recreación 6. Instituto Nacional de Fomento Cooperativo - INFOCOOP 7. Banco Central de Costa Rica (note 1) 8. Instituto Costarricense de Ferrocarriles - INCOFER 9. Instituto Costarricense de Puertos del Pacífico - INCOP 10. Autoridad Reguladora de los Servicios Públicos - ARESEP 11. Servicio Nacional de Aguas Subterráneas, Riego y Avenamiento List B 1. Caja Costarricense del Seguro Social - CCSS 2. Dirección General de Aviación Civil 3. Instituto Costarricense de Electricidad - ICE (note 2) 4. Refinadora Costarricense de Petróleo (RECOPE) Notes to Section C 1. Banco Central de Costa Rica. The title does not apply to procurement for the issuance of banknotes and coins.

2. Instituto Costarricense de Electricidad - ICE: The time limits indicated in Appendix 6 shall not apply to ICE. ICE shall grant suppliers sufficient time to prepare and submit suitable tenders. Notwithstanding the provisions of Article 225, paragraph 3, ICE shall grant no less than three business days for suppliers to prepare and submit written challenges.

B. LIST OF EL SALVADOR The title applies to other covered entities that procure in accordance with the provisions of this Agreement, when the value of the procurement is equal to or greater than:

Goods Thresholds: 1. For entities in List A: 200,000 SDR 2. For entities in List B: 400,000 SDR Services Specified in Section D Thresholds: 1. For entities in List A: 200,000 SDR 2. For entities in List B: 400,000 SDR Construction Services Specified in Section E Thresholds: For entities indicated in Lists A and B: 5,000,000 SDR; or, for the three-year period following the entry into force of this Agreement, 5,950,000 SDR.

List A 1. Complejo Pesquero 2. Consejo de Vigilancia de la Contaduría Pública 3. National Council for Science and Technology 4. Consejo Salvadoreño del Café 5. Higher Public Health Council 6. Corporación Salvadoreña de Inversiones 7. Corporación Salvadoreña de Turismo 8. Federación Salvadoreña de Fútbol 9. International Fairs and Conventions Centre 10. Social Investment Fund for Local Development 11. "Narcisa Castillo" Home for the Elderly, Santa Ana 12. "Benjamin Bloom" National Hospital 13. "Dr. Luis Edmundo Vásquez" National Hospital, Chalatenango 14. "Francisco Menéndez" National Hospital, Ahuachapán 15. "Juan José Fernández" National Hospital, Zacamil 16. "San Juan de Dios" National Hospital, San Miguel 17. "San Juan de Dios" National Hospital, Santa Ana 18. "San Juan de Dios" National Hospital, Sonsonate 19. "San Pedro" National Hospital, Usulután 20. "San Rafael" National Hospital, Santa Tecla 21. "Santa Gertrudis" National Hospital, San Vicente 22. "Santa Teresa" National Hospital, Zacatecoluca 23. Ciudad Barrios National Hospital 24. Cojutepeque National Hospital 25. Ilobasco National Hospital 26. Jiquilisco National Hospital 27. La Unión National Hospital 28. Metapán National Hospital 29. Nueva Concepción National Hospital 30. Nueva Guadalupe National Hospital 31. San Francisco Gotera National Hospital 32. Santa Rosa de Lima National Hospital 33. Santiago de María National Hospital 34. Sensuntepeque National Hospital 35. Suchitoto National Hospital 36. "Dr. Raúl Argüello Escolán" National Maternity Hospital 37. "Dr. José Antonio Saldaña" National Pneumological Hospital 38. "Dr. José Molina Martínez" National Psychiatric Hospital 39. San Bartolo National Hospital 40. National Sports Institute of El Salvador 41. Public Employees' National Pension Institute 42. Salvadoran Institute for the Development of Women 43. Salvadoran Institute for Municipal Development 44. Salvadoran Institute for Cooperative Promotion 45. Salvadoran Institute for Vocational Training 46. Salvadoran Institute for the Protection of Minors 47. Salvadoran Institute for the Rehabilitation of the Disabled 48. Salvadoran Institute for Agrarian Transformation 49. Salvadoran Tourism Institute 50. National Civil Police 51. National Register of Natural Persons 52. Pensions Superintendence 53. Securities Superintendence 54. Executive Technical Unit 55. Comisión Ejecutiva Portuaria Autónoma 56. Comisión Ejecutiva Hidroeléctrica del Río Lempa List B 1. National Registration Centre 2. Rosales National Hospital 3. Superintendencia General de Energía y Telecomunicaciones (SIGET) Note to Section C The title does not apply to the procurement of goods classified within section 2 (food products, beverages and tobacco; textiles, apparel and leather products) of CPC ver. 1.1, for the entities in List A, points 12 to 39 and 50, nor in List B, point 2.

C. LIST OF GUATEMALA 1. The title applies to other covered entities that procure in accordance with the provisions of this Agreement, when the value of the procurement is equal to or greater than:

Goods Thresholds: 1. For entities in List A: 200,000 SDR; or, for the three-year period following entry into force, 274,000 SDR. 2. For entities in List B: 400,000 SDR; or, for the three-year period following entry into force, 550,000 SDR.

Services Specified in Section D Thresholds: 1. For entities in List A: 200,000 SDR; or, for the three-year period following entry into force, 274,000 SDR. 2. For entities in List B: 400,000 SDR; or, for the three-year period following entry into force, 550,000 SDR.

Construction Services Specified in Section E Thresholds: For entities in Lists A and B: 5,000,000 SDR; or for the three-year period following entry into force, 6,000,000 SDR.

2. Unless otherwise specified, this title covers only the entities indicated in this list.

List of Entities List A: 1. Academy of Mayan Languages of Guatemala 2. Autonomous Sports Confederation of Guatemala 3. Institutional Commission for the Development and Strengthening of Land Ownership 4. Guatemalan Olympic Committee 5. Permanent Exhibitions Committee 6. National Council for the Protection of La Antigua Guatemala 7. National Central School of Agriculture 8. Institute of Agricultural Science and Technology 9. Institute of Municipal Development 10. Guatemalan Tourism Institute 11. National Institute of Public Administration 12. National Forestry Institute 13. National Institute of Agricultural Marketing 14. National Institute of Cooperatives 15. National Institute of Statistics 16. Technical Training and Productivity Institute 17. Tax Administration Superintendence 18. Fondo de Tierras List B: 1. Empresa Guatemalteca de Telecomunicaciones D. LIST OF HONDURAS The title applies to other covered entities that procure in accordance with the provisions of this Agreement, when the value of the procurement is equal to or greater than:

Goods Thresholds: 1. For entities in List A: 274,000 SDR for the second and third annual periods following the entry into force of this Agreement, and thereafter 200,000 SDR. 2. For entities in List B: 550,000 SDR for the second and third annual periods following the entry into force of this Agreement, and thereafter 400,000 SDR.

Services Specified in Section D Thresholds: 1. For entities in List A: 274,000 SDR for the second and third annual periods following the entry into force of this Agreement, and thereafter 200,000 SDR. 2. For entities in List B: 550,000 SDR for the second and third annual periods following the entry into force of this Agreement, and thereafter 400,000 SDR.

Construction Services Specified in Section E Thresholds: 1. For entities in List A: 6,000,000 SDR for the second and third annual periods following the entry into force of this Agreement, and thereafter 5,000,000 SDR. 2. For entities in List B: 6,000,000 SDR for the second and third annual periods following the entry into force of this Agreement, and thereafter 5,000,000 SDR.

Unless otherwise indicated, the title covers only the entities indicated in this list.

List A: 1. Instituto Nacional de Conservación y Desarrollo Forestal, Áreas Protegidas y Vida Silvestre (ICF). 2. Instituto Hondureño de Mercadeo Agrícola (IHMA) 3. Instituto Hondureño para la prevención del Alcoholismo, Drogadicción y Farmacodependencia (IHADFA). 4. Instituto Hondureño de Turismo (IHT) 5. Instituto Nacional de Jubilaciones y Pensiones de los Funcionarios y Empleados del Poder Ejecutivo (INJUPEMP) 6. Comisión Nacional Pro-Instalaciones Deportivas y Mejoramiento del Deporte (CONAPID). 7. Comité Permanente de Contingencias (COPECO) 8. Instituto Nacional Agrario (INA) 9. Banco Central de Honduras (BCH) (note 1) List B: 1. Empresa Nacional Portuaria (ENP) Note to Section C Banco Central de Honduras (BCH): the title does not apply to the issuance or circulation of currency.

E. LIST OF NICARAGUA The title applies to other entities that procure in accordance with the provisions of this Agreement, when the value of the procurement is equal to or greater than:

Goods Thresholds: 1. For entities in List A: 200,000 SDR; or for the three-year period following the entry into force of this Agreement, 274,000 SDR. 2. For entities in List B: 400,000 SDR; or for the three-year period following the entry into force of this Agreement, 550,000 SDR.

Services Specified in Section D Thresholds: 1. For entities in List A: 200,000 SDR; or for the three-year period following the entry into force of this Agreement, 274,000 SDR. 2. For entities in List B: 400,000 SDR; or for the three-year period following the entry into force of this Agreement, 550,000 SDR.

Construction Services Specified in Section E Thresholds for Lists A and B: 5,000,000 SDR; or for the three-year period following the entry into force of this Agreement, 6,000,000 SDR.

List A: 1. National Forestry Institute 2. Nicaraguan Institute of Culture 3. Nicaraguan Institute of Territorial Studies 4. Nicaraguan Institute of Sports 5. Nicaraguan Institute of Youth 6. Nicaraguan Institute of Women 7. Nicaraguan Institute of Tourism 8. National Technological Institute 9. Office of the Ombudsman for the Defence of Human Rights 10. Rubén Darío National Theatre 11. Universities and Higher Technical Education Centres (with respect to purchases financed with State funds) 12. Banco Central de Nicaragua (note 1) 13. National Development Information Institute 14. Dirección General de Ingresos (note 2) 15. Dirección General de Servicios Aduaneros 16. Nicaraguan Institute for Small and Medium Enterprises 17. Nicaraguan Institute for Cooperative Promotion, 18. Nicaraguan Institute of Agricultural Technology List B: 1. Correos de Nicaragua 2. Urban and Rural Housing Institute 3. Radio Nicaragua 4. Nicaraguan Energy Institute 5. Nicaraguan Institute of Aqueducts and Sewers Notes to Section C 1. Banco Central de Nicaragua: the title does not apply to procurement for the issuance of bank notes (bills) and coins. 2. Dirección General de Ingresos: the title does not apply to the production and issuance of passports (including their security features such as security paper and plastic), stamps, and fiscal stamps.

F. LIST OF PANAMA The title applies to other covered entities that procure in accordance with the provisions of this Agreement, when the value of the procurement is equal to or greater than:

Goods Thresholds: 1. For entities in List A: 200,000 SDR. 2. For entities in Lists B and C: 400,000 SDR.

Services Specified in Section D Thresholds: 1. For entities in List A: 200,000 SDR. 2. For entities in Lists B and C: 400,000 SDR.

Construction Services Specified in Section E Thresholds: 1. For Lists A and B: 5,000,000 SDR. 2. For List C: 8,000,000 SDR for the twelve years following the entry into force of this Agreement, and thereafter 7,000,000 SDR.

List of Entities List A 1. Civil Aviation Authority 2. Authority for Consumer Protection and Competition Defence 3. Panama Tourism Authority 4. Land Transit and Transportation Authority (note 1) 5. Micro, Small and Medium Enterprise Authority 6. Aquatic Resources Authority of Panama 7. National Customs Authority 8. Panamanian Food Safety Authority 9. Panama Maritime Authority 10. National Authority of Public Services 11. General Directorate of Public Procurement 12. National Environmental Authority 13. Agricultural Development Bank 14. Bingos Nacionales 15. National Securities Commission 16. Ombudsman's Office 17. Agricultural Research Institute 18. Agricultural Marketing Institute 19. Agricultural Insurance Institute 20. National Institute of Culture 21. National Institute of Human Development 22. Panamanian Autonomous Cooperative Institute 23. Panamanian Institute for Special Habilitation 24. Institute for the Training and Development of Human Resources 25. Pandeportes 26. Public Registry of Panama 27. Pension Savings and Capitalisation System (SIACAP) 28. Superintendence of Banks 29. Autonomous University of Chiriquí 30. Specialised University of the Americas 31. Technological University of Panama 32. Colón Free Zone List B 1. Institute of National Aqueducts and Sewers 2. Electric Transmission Company List C 1. Panama Canal Authority Note to Section C List A 1. Land Transit and Transportation Authority: the title does not apply to the procurement of licence plates or identification stickers for motor vehicles and bicycles.

List C 1. Unless otherwise indicated in this List, the title covers all agencies subordinate to this entity. 2. The title does not apply to procurement measures of the Panama Canal Authority established to promote micro, small and medium enterprises (as indicated in Section F of this appendix), in accordance with the following: a) the Panama Canal Authority may offer Panamanian micro, small and medium enterprises a preferential price not exceeding 10%; b) in accordance with Article 212, Panama shall notify the EU Party of any price preference programme established under subparagraph a); and c) any reference price shall be clearly described in the notice of intended procurement or in the notice inviting suppliers to participate in the procurement, as well as in the relevant procurement documents. 3. Notwithstanding any other provision of this title, for each of the twelve fiscal years following the entry into force of this Agreement, the Panama Canal Authority may, at its discretion, set aside from the obligations of this title procurements to acquire goods, services and construction services for Panamanian nationals, or suppliers owned and controlled by Panamanian nationals, provided that in each of these fiscal years: a) the total value of the procurement of the Panama Canal Authority exceeds USD 200,000,000 million; b) the total value of the procurement amount set aside does not exceed 10% of the total value of the procurements of the Panama Canal Authority for goods, services and construction services awarded in the fiscal year that: i) are otherwise covered by this title; and ii) exceed the base of USD 200 million for that fiscal year; and c) in each section of the CCP version 1.0, the reserved amount of the procurement does not exceed 20 % of the total value of the procurement reserved for that year.

4. When a procurement is reserved in accordance with paragraph 2, the Panama Canal Authority shall clearly indicate this in the notice of planned procurement or in the notice inviting suppliers to participate in the procurement, as well as in the relevant procurement documents.

5. If, in any fiscal year, the total value of the contracts reserved by the Panama Canal Authority exceeds the level permitted in paragraph 3, Panama and the EU Party, together with the Panama Canal Authority, shall consult to agree upon an adjustment in the form of a reduction of the reserve permitted in the following fiscal year.

6. If the Panama Canal Authority proposes to extend the reservation period beyond the twelve fiscal years set out in paragraph 2, it shall inform the EU Party in the ninth full fiscal year following the entry into force of this Agreement. Panama, the EU Party and the Panama Canal Authority shall consult regarding the proposal. If Panama and the EU Party agree to extend the period, the Panama Canal Authority may continue to apply reserves in accordance with paragraph 3 for the additional period agreed by Panama and the EU Party.

7. Panama shall prepare an annual report detailing sufficiently which reserves have been applied in accordance with paragraph 3.

8. The minimum period of forty days established in Appendix 6, paragraph 2, shall not apply to the Panama Canal Authority. The Panama Canal Authority shall grant suppliers sufficient time to prepare and submit adequate tenders, taking into account the nature and complexity of the procurement. The Panama Canal Authority shall in no case grant less than five working days from the date of publication on the Internet of the notice of planned procurement to the deadline for submission of tenders.

9. Article 225, paragraph 5, shall not apply to the Panama Canal Authority.

10. Notwithstanding Article 225, paragraph 3, the Panama Canal Authority shall grant no less than five working days to suppliers to prepare and submit written appeals; it is understood that the period begins on the first working day following the publication of the contract award notice on the Internet.

G. EU PARTY Goods:

Threshold: 400 000 SDR Services:

Specified in section D Threshold: 400 000 SDR Construction Services:

Specified in section E Threshold: 5 000 000 SDR Contracting Entities:

All those whose procurement is covered by the EU Directive on public services that are contracting authorities (e.g., those contemplated in sections A and B) or public enterprises1, and whose activity is one of those indicated below or a combination of them:

1 According to the Directive on public services (2004/17/EC), enterprises are public where the contracting authorities may exercise, directly or indirectly, a dominant influence by virtue of their ownership of them, their financial participation therein, or the rules governing them.

A dominant influence on the part of the contracting authorities shall be presumed when these authorities, directly or indirectly, in relation to an enterprise:

- hold the majority of the enterprise's subscribed capital; or - control the majority of the votes attached to shares issued by the enterprise; or - can appoint more than half of the members of the enterprise's administrative, managerial or supervisory body.

  • a)The provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of drinking water or the supply of drinking water to such networks; b) The provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of electricity or the supply of electricity to such networks; c) The provision of airports or other transport terminals to air carriers; d) The provision of maritime or inland ports or other transport terminals to maritime or inland waterway carriers; e) The provision or operation of networks1 providing a public service of urban transport (including urban railway, automated systems, tramway, trolleybus, bus or cable).

1 With respect to transport services, a network shall be considered to exist where the service is provided under the operating conditions laid down by a competent authority of a Member State of the European Union, such as conditions on the routes to be followed, the capacity to be made available or the frequency of the service.

  • f)The provision or operation of networks2 providing a public service of rail transport.

2 With respect to transport services, a network shall be considered to exist where the service is provided under the operating conditions laid down by a competent authority of a Member State of the European Union, such as conditions on the routes to be followed, the capacity to be made available or the frequency of the service.

An indicative list of the contracting authorities and public enterprises that meet the criterion indicated is attached.

Notes 1. Contracts awarded for the pursuit of one of the activities mentioned, when the activity is exposed to competitive forces in the relevant market, are not covered by this Title.

2. The Title does not apply to contracts awarded by the contracting entities covered by this section:

- for the purchase of water and for the supply of energy or of fuels for the production of energy; - for purposes other than the pursuit of their activities as listed in this section or for the carrying out of these activities in a country outside the EEA; - for the purpose of resale or hire to third parties, provided that the contracting entity enjoys no special or exclusive right to sell or let the subject of such contracts, and that other entities are free to sell or let it under the same conditions as the contracting authority.

3. The supply of drinking water or electricity to public service networks by a contracting entity other than a contracting authority shall not be considered an activity within the scope of (a) or (b) of this section where:

- the production of drinking water or electricity by the entity concerned takes place because its consumption is necessary for carrying out an activity other than those listed in (a) to (f) of this section; and - the supply to the public network depends only on the entity's own consumption and does not exceed 30 % of the entity's total production of drinking water or energy, taking into account the average of the current year and the two previous years.

4. I. Provided that the conditions of paragraph II are met, the Title shall not apply to contracts awarded:

  • i)by a contracting entity to an affiliated undertaking1, or 1 "Affiliated undertaking" means any undertaking the annual accounts of which are consolidated with those of the contracting entity in accordance with the requirements of Council Directive 83/349/EEC on consolidated accounts, or, in the case of undertakings not subject to that Directive, any undertaking over which the contracting entity, directly or indirectly, is entitled to exercise a dominant influence, or which may exercise a dominant influence over the contracting entity, or which, together with the latter, is subject to the dominant influence of another undertaking by virtue of ownership, financial participation or the rules governing it.
  • ii)by a joint venture, formed exclusively by a number of contracting entities to carry out activities within the scope of (a) to (f) of this section, to an undertaking affiliated with one of those contracting entities.

II.Paragraph I shall apply to services or supply contracts provided that at least 80 % of the average turnover of the affiliated undertaking with respect to services or supplies for the preceding three years derives from the provision of such services or supplies to undertakings with which it is affiliated1.

1 When, because of the date on which an affiliated undertaking was created or commenced activities, the turnover for the preceding three years is not available, it shall be sufficient for that undertaking to show that the turnover referred to in this paragraph is credible, in particular by means of business projections.

5. The Title shall not apply to contracts awarded:

  • i)by a joint venture, formed exclusively by a number of contracting entities to carry out activities within the scope of (a) to (f) of this section, to one of those contracting entities, or ii) by a contracting entity to a joint venture of which it forms part, where the joint venture has been set up to carry out the activity concerned over a period of at least three years and the instrument setting up the joint venture stipulates that the contracting entities composing it will be part of it for at least the same period.

INDICATIVE LIST OF CONTRACTING AUTHORITIES AND PUBLIC ENTERPRISES MEETING THE CRITERIA SET OUT IN SECTION C

I. PRODUCTION, TRANSPORT OR DISTRIBUTION OF ELECTRICITY

Belgium - Local authorities and associations of local authorities, for this part of their activities.

- Société de Production d'Electricité/ Elektriciteitsproductie Maatschappij.

- Electrabel/ Electrabel - Elia Bulgaria Bodies authorised for the production, transport, distribution and public supply of electricity in accordance with Article 39, paragraph 1, of the Закона за енергетиката (обн., ДВ, бр.107/09.12.2003), Law on Energy (published in the Official Gazette No. 107 of 9.12.2003):

- АЕЦ Козлодуй - ЕАД - Болкан Енерджи АД - Брикел - ЕАД - Българско акционерно дружество Гранитоид АД - Девен АД - ЕВН България Електроразпределение АД - ЕВН България Електроснабдяване АД - ЕЙ И ЕС - 3С Марица Изток 1 - Енергийна компания Марица Изток III - АД - Енерго-про България - АД - ЕОН България Мрежи АД - ЕОН България Продажби АД - ЕРП Златни пясъци АД - ЕСО ЕАД - ЕСП "Златни пясъци" АД - Златни пясъци-сервиз АД - Калиакра Уинд Пауър АД - НЕК ЕАД - Петрол АД - Петрол Сторидж АД - Пиринска Бистрица-Енергия АД - Руно-Казанлък АД - Сентрал хидроелектрик дьо Булгари ЕООД - Слънчев бряг АД - ТЕЦ - Бобов Дол ЕАД - ТЕЦ - Варна ЕАД - ТЕЦ "Марица 3" - АД - ТЕЦ Марица Изток 2 - ЕАД - Топлофикация Габрово - ЕАД - Топлофикация Казанлък - ЕАД - Топлофикация Перник - ЕАД - Топлофикация Плевен - ЕАД - ЕВН България Топлофикация - Пловдив - ЕАД - Топлофикация Русе - ЕАД - Топлофикация Сливен - ЕАД - Топлофикация София - ЕАД - Топлофикация Шумен - ЕАД - Хидроенергострой ЕООД - ЧЕЗ България Разпределение АД - ЧЕЗ Електро България АД Czech Republic All contracting entities in the sectors supplying electricity services defined in section 4, paragraph 1, letter c) of Act No. 137/2006 Coll. on public contracts, as amended.

Examples of contracting authorities:

- ČEPS, a.s.

- ČEZ, a.s.

- Dalkia Česká republika, a.s.

- PREdistribuce, a.s.

- Plzeňská energetika a.s.

- Sokolovská uhelná, právní nástupce, a.s.

Denmark - Entities producing electricity on the basis of a licence in accordance with Article 10 of the Lov om elforsyning, see Consolidation Act No. 1115 of 8 November 2006.

- Entities transporting electricity on the basis of a licence in accordance with Article 19 of the Lov om elforsyning, see Consolidation Act No. 1115 of 8 November 2006.

- Transport of electricity carried out by Energinet Danmark or subsidiary companies owned by Energinet Danmark in accordance with the Lov om Energinet Danmark Article 2, stk. 2 og 3, see Act No. 1384 of 20 December 2004.

Germany Local authorities, public law bodies or associations of public law bodies or state undertakings, which supply energy to other undertakings, operate an energy supply network or have the capacity to dispose of a local energy supply network by virtue of their ownership in accordance with Article 3, paragraph 18, of the Gesetz über die Elektrizitäts- und Gasversorgung (Energiewirtschaftsgesetz) of 24 April 1998, last amended on 9 December 2006.

Estonia Entities subject to Article 10, paragraph 3, of the Public Procurement Act (RT I 21.02.2007, 15, 76) and to Article 14 of the Competition Act (RT I 2001, 56 332):

- AS Eesti Energia, - OÜ Jaotusvõrk (Jaotusvõrk LLC); - AS Narva Elektrijaamad; - OÜ Põhivõrk.

Ireland - The Electricity Supply Board - ESB Independent Energy [ESBIE - electricity supply] - Synergen Ltd. [electricity generation] - Viridian Energy Supply Ltd. [electricity supply] - Huntstown Power Ltd. [electricity generation] - Bord Gáis Éireann [electricity supply] - Suppliers and generators of electricity authorised under the Electricity Regulation Act 1999 - EirGrid plc Greece 'Γεκόƃηƀ ΔπηρƂίξεƃε ΗιƂθƄξηƃκνύ Α.Δ.', created by Law No. 1468/1950 πƂξί ηƁξύƃƂωο Ƅεο ΓΔΗ and operated in accordance with Law No. 2773/1999 and Presidential Decree No. 333/1999.

Spain - Red Eléctrica de España, S.A.

- Endesa, S.A.

- Iberdrola, S.A.

- Unión Fenosa, S.A.

- Hidroeléctrica del Cantábrico, S.A.

- Electra del Viesgo, S.A.

- Other entities engaged in production, transport and distribution of electricity, in accordance with "Ley 54/1997, de 27 de noviembre, del Sector eléctrico" and its implementing provisions.

France - Électricité de France, established and operating in accordance with Loi n°46-628 sur la nationalisation de l'électricité et du gaz of 8 April 1946, as amended.

- RTE, which manages the electricity transmission network.

- Distribution entities for electricity, mentioned in Article 23 of Loi n°46-628 sur la nationalisation de l'électricité et du gaz of 8 April 1946, as amended. (Mixed economy distribution companies, managers or similar services composed of regional or local authorities). For example: Gaz de Bordeaux, Gaz de Strasbourg.

- Compagnie nationale du Rhône - Électricité de Strasbourg Italy - Companies of the Enel Group authorised to produce, transmit and distribute electricity within the scope of Legislative Decree No. 79 of 16 March 1999, as amended and supplemented - TERNA- Rete elettrica nazionale SpA - Other undertakings holding concessions granted by Legislative Decree No. 79 of 16 March 1999 Cyprus - Η Αξρή ΗιƂθƄξηƃκνύ Κύπξνπ, created by the πƂξί ΑλƀπƄύμƂωο ΗιƂθƄξηƃκνύ Νόκν, ΚƂƅ. 171.

- ΓηƀρƂηξηƃƄήο ΢πƃƄήκƀƄνο ΜƂƄƀƅνξάο, created in accordance with Article 57 of the ΠƂξί Ρύζκηƃεο Ƅεο Αγνξάο ΗιƂθƄξηƃκνύ Νόκνπ 122(Ι) Ƅνπ 2003 Other persons, entities or undertakings carrying out activities contemplated in Article 3 of Directive 2004/17/EC and operating under a licence granted in accordance with Article 34 of the πƂξί Ρύζκηƃεο Ƅεο ƀγνξάο ΗιƂθƄξηƃκνύ Νόκνπ Ƅνπ 2003 {Ν. 122(Ι)/2003}.

Latvia VAS Latvenergo and other undertakings which produce, transmit and distribute electricity, and which carry out procurement in accordance with the law Par iepirkumu sabiedrisko pakalpojumu sniedzēju vajadzībām Lithuania - Ignalina Nuclear Power Plant State Enterprise - Akcinė bendrovė "Lietuvos energija" - Akcinė bendrovė "Lietuvos elektrinė" - Akcinė bendrovė Rytų skirstomieji tinklai - Akcinė bendrovė "VST" - Other entities in accordance with the requirements of Article 70, paragraphs 1 and 2, of the Law on Public Procurement of the Republic of Lithuania (Official Gazette No. 84-2000, 1996; No. 4-102, 2006) and carrying out the activity of production, transport or distribution of electricity in accordance with the Law on Electricity of the Republic of Lithuania (Official Gazette No. 66-1984, 2000; No. 107-3964, 2004) and the Law on Nuclear Energy of the Republic of Lithuania (Official Gazette No. 119-2771, 1996).

Luxembourg - Compagnie grand-ducale d'électricité de Luxembourg (CEGEDEL), which produces or distributes electricity in accordance with the Convention concernant l'établissement et l'exploitation des réseaux de distribution d'énergie électrique dans le Grand-Duché du Luxembourg of 11 November 1927, approved by Law of 4 January 1928.

- Local authorities responsible for the transport or distribution of electricity.

- Société électrique de l'Our (SEO).

- Syndicat de communes SIDOR Hungary Entities which produce, transport or distribute electricity in accordance with Articles 162 and 163 of 2003. évi CXXIX. törvény a közbeszerzésekről and 2007. évi LXXXVI. törvény a villamos energiáról.

Malta Korporazzjoni Enemalta (Enemalta Corporation) Netherlands Entities which distribute electricity on the basis of a licence (vergunning) granted by the provincial authorities in accordance with the Provinciewet. For example:

- Essent - Nuon Austria Entities responsible for the transmission or distribution network in accordance with the Elektrizitätswirtschafts- und Organisationsgesetz, BGBl. I No. 143/1998, as amended, or the Elektrizitätswirtschafts(wesen)gesetze of the nine federal states.

Poland Energy companies within the scope of the Ustawa z dnia 10 kwietnia 1997 r. Prado energetyczne, including:

- BOT Elektrownia "Opole" S.A., Brzezie - BOT Elektrownia Bełchatów S.A.

- BOT Elektrownia Turów S.A., Bogatynia - Elbląskie Zakłady Energetyczne S.A. w Elblągu - Elektrociepłownia Chorzów "ELCHO" Sp. z o.o.

- Elektrociepłownia Lublin - Wrotków Sp. z o.o.

- Elektrociepłownia Nowa Sarzyna Sp. z o.o.

- Elektrociepłownia Rzeszów S.A.

- Elektrociepłownie Warszawskie S.A.

- Elektrownia "Kozienice" S.A.

- Elektrownia "Stalowa Wola" S.A.

- Elektrownia Wiatrowa, Sp. z o.o., Kamieńsk - Elektrownie Szczytowo-Pompowe S.A., Warszawa - ENEA S.A., Poznań - Energetyka Sp. z o.o. Lublin - EnergiaPro Koncern Energetyczny S.A., Wrocław - ENION S.A., Kraków - Górnośląski Zakład Elektroenergetyczny S.A., Gliwice - Koncern Energetyczny Energa S.A., Gdańsk - Lubelskie Zakłady Energetyczne S.A.

- Łódzki Zakład Energetyczny S.A.

- PKP Energetyka Sp. z o.o., Warszawa - Polskie Sieci Elektroenergetyczne S.A., Warszawa - Południowy Koncern Energetyczny S.A., Katowice - Przedsiębiorstwo Energetyczne w Siedlcach Sp. z o.o.

- PSE-Operator S.A., Warszawa - Rzeszowski Zakład Energetyczny S.A.

- Zakład Elektroenergetyczny "Elsen" Sp. z o.o., Częstochowa - Zakład Energetyczny Białystok S.A.

- Zakład Energetyczny Łódź-Teren S,A.

- Zakład Energetyczny Toruń S.A.

- Zakład Energetyczny Warszawa-Teren - Zakłady Energetyczne Okręgu Radomsko-Kieleckiego S.A.

- Zespół Elektrociepłowni Bydgoszcz S.A.

- Zespół Elektrowni Dolna Odra S.A., Nowe Czarnowo - Zespół Elektrowni Ostrołęka S.A.

- Zespół Elektrowni Pątnów-Adamów-Konin S.A.

- Polskie Sieci Elektroenergetyczne S.A, - Przedsiębiorstwo Energetyczne MEGAWAT Sp. zν.ν.

- Zespół Elektrowni Wodnych Niedzica S.A.

- Energetyka Południe S.A.

Portugal (1) Production of electricity Entities which produce electricity in accordance with:

- Decreto-Lei nº29/2006, de 15 de Fevereiro which establishes the general bases for the organisation and functioning of the national electricity system (SEN), and the general bases applicable to the exercise of the activities of production, transport, distribution and commercialisation of electricity and to the organisation of the electricity markets; - Decreto-Lei nº 172/2006, de 23 de Agosto, which develops the general principles relating to the organisation and functioning of the SEN, regulating the aforementioned diploma.

- Entities which produce electricity under a special regime by virtue of Decreto-Lei nº 189/88 de 27 de Maio, as amended by Decretos-Lei nº 168/99, de 18 de Maio, nº 313/95, de 24 de Novembro, nº 538/99, de 13 de Dezembro, nº 312/2001 and nº 313/2001, both of 10 de Dezembro, Decreto- Lei nº 339-C/2001, de 29 de Dezembro, Decreto-Lei nº 68/2002, de 25 de Março, Decreto-Lei nº 33-A/2005, de 16 de Fevereiro, Decreto-Lei nº 225/2007, de 31 de Maio and Decreto-Lei nº 363/2007, de 2 de Novembro.

(2) Transport of electricity:

Entities which transport electricity in accordance with:

- Decreto-Lei nº29/2006, de 15 de Fevereiro and Decreto-lei nº 172/2006, de 23 de Agosto.

(3) Distribution of electricity:

- Entities which distribute electricity in accordance with Decreto-Lei nº29/2006, de 15 de Fevereiro, and Decreto-lei nº 172/2006, de 23 de Agosto.

- Entities which distribute electricity in accordance with Decreto Decreto-Lei nº 184/95, de 27 de Julho, reformulated in Decreto-Lei nº 56/97, de 14 de Março and Decreto-Lei nº 344-B/82, de 1 de Setembro, as amended by Decreto-Lei nº 297/86, de 19 de Setembro, Decreto-Lei nº 341/90, de 30 de Outubro and Decreto-Lei nº 17/92, de 5 de Fevereiro.

Romania - Societatea comercială de producere a energiei electrice "Hidroelectrica"-AS Bucureşti - Societatea Naţională "Nuclearelectrica" SA - Societatea comercială de producere a energiei electrice şi termice "Termoelectrica" SA - S. C. Electrocentrale Deva S.A.

- S.C. Electrocentrale Bucureşti S.A.

- SC Electrocentrale Galaţi SA - S.C. Electrocentrale Termoelectrica SA - SC Complexul Energetic Craiova SA - SC Complexul Energetic Rovinari SA - SC Complexul Energetic Turceni SA - Compania Naţională de transport a energiei electrice "Transelectrica" SA Bucureşti - Societatea comercială Electrica SA, Bucureşti - S.C. Filiala de Distribuţie a Energiei Electrice - "Electrica Distribuţie Muntenia Nord" S.A - S.C. Filiala de Furnizare a Energiei Electrice - "Electrica Furnizare Muntenia Nord" S.A - S.C. Filiala de distributie si furnizare a energiei electrice Electrica Muntenia Sud - S.C. Filiala de Distribuţie a Energiei Electrice - "Electrica Distribuţie Transilvania Sud" S.A - S.C. filiala de furnizare a energiei electrice - "Electrica Furnizare Transilvania Sud" S.A - S.C. Filiala de distributie a energiei electrice - "Electrica Distribuţie Transilvania Nord" S.A - S.C. Filiala de furnizare a energiei electrice - "Electrica Furnizare Transilvania Nord" S.A - Enel Energie - Enel Distribuţie Banat - Enel Distribuţie Dobrogea - E.ON Moldova SA - CEZ Distribuţie Slovenia Entities which produce, transport or distribute electricity in accordance with the Energetski zakon (Uradni list RS, 79/99).

Mat. Ńt. Naziv Pońtna Ńt. Kraj 1613383 Borzen D.O.O. 1000 Ljubljana 5175348 Elektro Gorenjska D.D. 4000 Kranj 5223067 Elektro Celje D.D. 3000 Celje 5227992 Elektro Ljubljana D.D. 1000 Ljubljana 5229839 Elektro Primorska D.D. 5000 Nova Gorica 5231698 Elektro Maribor D.D. 2000 Maribor 5427223 Elektro - Slovenija D.O.O. 1000 Ljubljana 5226406 Javno Podjetje Energetika Ljubljana, D.O.O.

1000 Ljubljana 1946510 Infra D.O.O. 8290 Sevnica 2294389 Sodo Sistemski Operater Distribucijskega Omreņja Z Električno Energijo, D.O.O.

2000 Maribor 5045932 Egs-Ri D.O.O. 2000 Maribor Slovakia Entities which, on the basis of a permit, provide production, transport through the transmission network system, distribution and supply to the public of electricity through a distribution network in accordance with Act No. 656/2004 Coll.

For example:

- Slovenské elektrárne, a.s.

- Slovenská elektrizačná prenosová sústava, a.s.

- Západoslovenská energetika, a.s.

- Stredoslovenská energetika, a.s.

- Východoslovenská energetika, a.s.

Finland Municipal entities and public undertakings which produce electricity and entities responsible for maintenance of the electricity system under authorisation in accordance with section 4 or 16 of sähkömarkkinalaki/elmarknadslagen (386/1995) and in accordance with Laki vesi- ja energiahuollon, liikenteen ja postipalvelujen alalla toimivien yksiköiden hankinnoista (349/2007)/lag om upphandling inom sektorerna vatten, energi, transporter och posttjänster (349/2007).

Sweden Entities which transport or distribute electricity on the basis of a concession in accordance with Lagen (1997:857) United Kingdom - A person licensed under section 6 of the Electricity Act 1989.

- A person licensed under Article 10, paragraph 1, of the Electricity (Northern Ireland) Order 1992.

- National Grid Electricity Transmission plc - System Operation NorthernIrland Ltd - Scottish & Southern Energy plc - SPTransmission plc

II. PRODUCTION, TRANSPORT OR DISTRIBUTION OF DRINKING WATER

Belgium - Local authorities and associations of local authorities, for this part of their activities - Société Wallonne des Eaux - Vlaams Maatschappij voor Watervoorziening Bulgaria - "Тузлушка гора" - ЕООД, Антоново - "В И К - Батак" - ЕООД, Батак - "В и К - Белово" - ЕООД, Белово - "Водоснабдяване и канализация Берковица" - ЕООД, Берковица - "Водоснабдяване и канализация" - ЕООД, Благоевград - "В и К - Бебреш" - ЕООД, Ботевград - "Инфрастрой" - ЕООД, Брацигово - "Водоснабдяване" - ЕООД, Брезник - "Водоснабдяване и канализация" - ЕАД, Бургас - "Лукойл Нефтохим Бургас" АД, Бургас - "Бързийска вода" - ЕООД, Бързия - "Водоснабдяване и канализация" - ООД, Варна - "ВиК" ООД, к.к. Златни пясъци - "Водоснабдяване и канализация Йовковци" - ООД, Велико Търново - "Водоснабдяване, канализация и териториален водоинженеринг" - ЕООД, Велинград - "ВИК" - ЕООД, Видин - "Водоснабдяване и канализация" - ООД, Враца - "В И К" - ООД, Габрово - "В И К" - ООД, Димитровград - "Водоснабдяване и канализация" - ЕООД, Добрич - "Водоснабдяване и канализация - Дупница" - ЕООД, Дупница - ЧПСОВ, в.с. Елени - "Водоснабдяване и канализация" - ООД, Исперих - "Аспарухов вал" ЕООД, Кнежа - "В И К - Кресна" - ЕООД, Кресна - "Меден кладенец" - ЕООД, Кубрат - "ВИК" - ООД, Кърджали - "Водоснабдяване и канализация" - ООД, Кюстендил - "Водоснабдяване и канализация" - ООД, Ловеч - "В и К - Стримон" - ЕООД, Микрево - "Водоснабдяване и канализация" - ООД, Монтана - "Водоснабдяване и канализация - П" - ЕООД, Панагюрище - "Водоснабдяване и канализация" - ООД, Перник - "В И К" - ЕООД, Петрич - "Водоснабдяване, канализация и строителство" - ЕООД, Пещера - "Водоснабдяване и канализация" - ЕООД, Плевен - "Водоснабдяване и канализация" - ЕООД, Пловдив - "Водоснабдяване-Дунав" - ЕООД, Разград - "ВКТВ" - ЕООД, Ракитово - ЕТ "Ердуван Чакър", Раковски - "Водоснабдяване и канализация" - ООД, Русе - "Екопроект-С" ООД, Русе - "УВЕКС" - ЕООД, Сандански - "ВиК-Паничище" ЕООД, Сапарева баня - "Водоснабдяване и канализация" - ЕАД, Свищов - "Бяла" - ЕООД, Севлиево - "Водоснабдяване и канализация" - ООД, Силистра - "В и К" - ООД, Сливен - "Водоснабдяване и канализация" - ЕООД, Смолян - "Софийска вода" - АД, София - "Водоснабдяване и канализация" - ЕООД, София - "Стамболово" - ЕООД, Стамболово - "Водоснабдяване и канализация" - ЕООД, Стара Загора - "Водоснабдяване и канализация-С" - ЕООД, Стрелча - "Водоснабдяване и канализация - Тетевен" - ЕООД, Тетевен - "В и К - Стенето" - ЕООД, Троян - "Водоснабдяване и канализация" - ООД, Търговище - "Водоснабдяване и канализация" - ЕООД, Хасково - "Водоснабдяване и канализация" - ООД, Шумен - "Водоснабдяване и канализация" - ЕООД, Ямбол Czech Republic All contracting entities in the sectors providing services in the water management industry defined in section 4, paragraph 1, letters d) and e) of Act No. 137/2006 Sb. on public contracts.

Examples of contracting authorities:

- Veolia Voda Česká Republika, a.s.

- Praņské vodovody a kanalizace, a.s.

- Severočeská vodárenská společnost a.s.

- Severomoravské vodovody a kanalizace Ostrava a.s.

- Ostravské vodárny a kanalizace a.s.Severočeská vodárenská společnost a.s.

Denmark - Entities which supply water as defined in Article 3(3) of Lov om vandforsyning m.v., see Consolidation Act No. 71 of 17 January 2007.

Germany - Entities which produce or distribute water in accordance with the Eigenbetriebsverordnungen or Eigenbetriebsgesetze of the federal states (public utility companies).

- Entities which produce or distribute water in accordance with the Gesetze ubre die kommunale Gemeinschaftsarbeit oder Zusammenarbeit of the federal states.

- Entities which produce water in accordance with the Gesetz über Wasser- und Bodenverbände of 12 February 1991, amended on 15 May 2002.

- Publicly owned companies which produce or distribute water in accordance with the Kommunalgesetze, in particular the Gemeindeverordnungen of the federal states.

- Undertakings established in accordance with the Aktiengesetz of 6 September 1965, amended on 5 January 2007, or the GmbH-Gesetz of 20 April 1892, amended on 10 November 2006, or having the legal status of a Kommanditgesellschaft (limited partnership), which produce or distribute water on the basis of a special contract with regional or local authorities.

Estonia Entities subject to Article 10, paragraph 3, of the Public Procurement Act (RT I 21.02.2007, 15, 76) and to Article 14 of the Competition Act (RT I 2001, 56 332):

- AS Haapsalu Veevärk - AS Kuressaare Veevärk - AS Narva Vesi - AS Paide Vesi - AS Pärnu Vesi - AS Tartu Veevärk - AS Valga Vesi - AS Võru Vesi Ireland Entities that produce or distribute water in accordance with the Local Government [Sanitary Services] Act 1878 to 1964 Greece - 'ΔƄƀηξƂίƀ ΤƁξƂύƃƂωο θƀη ΑπνρƂƄƂύƃƂωο ΠξωƄƂπνύƃεο Α.Δ.' ('Δ.Τ.Γ.Α.Π.' or 'Δ.Τ.Γ.Α.Π. Α.Δ.'). The legal status of the company is governed by the provisions of Consolidated Law No. 2190/1920, Law No. 2414/1996 and additionally by the provisions of Law No. 1068/80 and Law No. 2744/1999.

- 'ΔƄƀηξƂίƀ ΎƁξƂπƃεο θƀη ΑπνρέƄƂπƃεο zƂƃƃƀινλίθεο Α.Δ.' ('Δ.Τ.Α.z. Α.Δ.') governed by the provisions of Law No. 2937/2001 (Hellenic Official Gazette 169 Α΄) and Law No. 2651/1998 (Hellenic Official Gazette 248 Α΄).

- 'ΓεκνƄηθή ΔπηρƂίξεƃε ΎƁξƂπƃεο θƀη ΑπνρέƄƂπƃεο ΜƂίδνλνο ΠƂξηνρήο Βόινπ' ('ΓΔΤΑΜΒ'), which operates in accordance with Law No. 890/1979.

- 'ΓεκνƄηθέο ΔπηρƂηξήƃƂηο ΎƁξƂπƃεο - ΑπνρέƄƂπƃεο', (Municipal Water Supply and Sewerage Companies) that produce and distribute water in accordance with Law No. 1069/80 of 23 August 1980.

- '΢ύλƁƂƃκνη ΎƁξƂπƃεο', (municipal and community water supply associations) that operate in accordance with Presidential Decree No. 410/1995, in accordance with ΚώƁηθoο Γήκωλ θƀη ΚνηλνƄήƄωλ.

- 'Γήκνη θƀη ΚνηλόƄεƄƂο', (municipalities and communities) that operate in accordance with Presidential Decree No. 410/1995, in accordance with ΚώƁηθoο Γήκωλ θƀη ΚνηλνƄήƄωλ.

Spain - Mancomunidad de Canales de Taibilla.

- Aigües de Barcelona S.A., and subsidiary companies - Canal de Isabel II - Agencia Andaluza del Agua - Agencia Balear de Agua y de la Calidad Ambiental - Other public entities that form part of or depend on the Autonomous Communities and local corporations, and are active in the field of drinking water distribution.

- Other private entities that enjoy special privileges or exclusive rights granted by local corporations in the field of drinking water distribution.

France Regional or local authorities and local public bodies that produce or distribute drinking water:

- Régies des eaux (water boards) (examples: Régie des eaux de Grenoble, régie des eaux de Megève, régie municipale des eaux et de l'assainissement de Mont-de-Marsan, régie des eaux de Venelles) - Water transport, supply, and production entities (examples: Syndicat des eaux d'Ile de France, syndicat départemental d'alimentation en eau potable de la Vendée, syndicat des eaux et de l'assainissement du Bas-Rhin, syndicat intercommunal des eaux de la région grenobloise, syndicat de l'eau du Var-est, syndicat des eaux et de l'assainissement du Bas-Rhin).

Italy - Bodies responsible for managing various stages of the water distribution process, subject to the consolidated legislative text on the direct assumption of control of public services by local and provincial authorities, approved by Royal Decree No. 2578 of 15 October 1925, D.P.R. No. 902 of 4 October 1986 and Legislative Decree No. 267 of 18 August 2000 establishing the consolidated text of laws on the structure of local authorities, with particular reference to Articles 112 and 116 - Acquedotto Pugliese S.p.A. (D.lgs. 11.5.1999 n. 141) - Ente acquedotti siciliani established by Legge Regionale No. 2/2 of 4 September 1979 and Legge Regionale No. 81 of 9 August 1980, in liquidation under Legge Regionale No. 9 of 31 May 2004 (art. 1) - Ente sardo acquedotti e fognature established by Law No. 9 of 5 July 1963. Poi ESAF S.p.A. nel 2003 - confluita in ABBANOA S.p.A: ente soppresso il 29.7.2005 e posto in liquidazione con L.R. 21.4.2005 n°7 (art. 5, comma 1)- Legge finanziaria 2005 Cyprus - Σƀ ΢πκβνύιηƀ ΤƁƀƄνπξνκήζƂηƀο, which distribute water in municipal and other areas in accordance with πƂξί ΤƁƀƄνπξνκήζƂηƀο ΓεκνƄηθώλ θƀη Άιιωλ ΠƂξηνρώλ Νόκνπ, ΚƂƅ.

Latvia - Public and private law subjects that produce, transmit, and distribute drinking water to a fixed system, and that carry out procurement in accordance with the law "Par iepirkumu sabiedrisko pakalpojumu sniedzēju vajadzībām" Lithuania - Entities that meet the requirements of Article 70 (1, 2) of the Law on Public Procurement of the Republic of Lithuania (Official Gazette No. 84-2000, 1996; No. 4-102, 2006) and carry out drinking water production, and transport or distribution activities in accordance with the Law on Drinking Water and Wastewater Treatment of the Republic of Lithuania (Official Gazette No. 82-3260, 2006).

Luxembourg - Departments of local authorities responsible for water distribution - Associations of local authorities that produce or distribute water, established in accordance with the Loi concernant la création des syndicats de communes of 23 February 2001, as amended and supplemented by the Law of 23 December 1958 and by the Law of 29 July 1981, and in accordance with the loi ayant pour objet le renforcement de l'alimentation en eau potable du Grand-Duché du Luxemburgo à partir du réservoir d'Esch-sur-Sûre of 31 July 1962 - Syndicat de communes pour la construction, l'exploitation et l'entretien de la conduite d'eau du Sud-Est - SESE - Syndicat des Eaux du Barrage d'Esch-sur-Sûre - SEBES - Syndicat intercommunal pour la distribution d'eau dans la région de l'Est - SIDERE - Syndicat des Eaux du Sud - SES - Syndicat des communes pour la construction, l'exploitation et l'entretien d'une distribution d'eau à Savelborn-Freckeisen - Syndicat pour la distribution d'eau dans les communes de Bous, Dalheim, Remich, Stadtbredimus et Waldbredimus - SR - Syndicat de distribution d'eau des Ardennes - DEA - Syndicat de communes pour la construction, l'exploitation et l'entretien d'une distribution d'eau dans les communes de Beaufort, Berdorf et Waldbillig - Syndicat des eaux du Centre - SEC Hungary - Entities that produce, transport or distribute water in accordance with Articles 162-163 of 2003. évi CXXIX. törvény a közbeszerzésekről and 1995. évi LVII. törvény a vízgazdálkodásról.

Malta - Korporazzjoni għas-Servizzi ta' l-Ilma (Water Services Corporation) - Korporazzjoni għas-Servizzi ta' Desalinazzjoni (Water Desalination Services Corporation) Netherlands Entities that produce or distribute water in accordance with the Waterleidingwet Austria Local authorities and associations of local authorities, which transport or distribute drinking water in accordance with the Wasserversorgungsgesetze of the nine federal states Poland Water and sewerage companies defined in the Ustawa z dnia 7 czerwca 2001 r., o zbiorowym zaopatrzeniu w wodę i zbiorowym odprowadzaniu ścieków, which carry out an economic activity in water supply or wastewater assessment for the general population, including:

- AQUANET S.A., Poznań - Górnośląskie Przedsiębiorstwo Wodociągów S.A. w Katowicach - Miejskie Przedsiębiorstwo Wodociągów i Kanalizacji S.A. w Krakowie - Miejskie Przedsiębiorstwo Wodociągów i Kanalizacji Sp. z o. o. Wrocław - Miejskie Przedsiębiorstwo Wodociągów i Kanalizacji w Lublinie Sp. z o.o.

- Miejskie Przedsiębiorstwo Wodociągów i Kanalizacji w m. st. Warszawie S.A.

- Rejonowe Przedsiębiorstwo Wodociągów i Kanalizacji w Tychach S.A.

- Rejonowe Przedsiębiorstwo Wodociągów i Kanalizacji Sp. z o.o. w Zawierciu - Rejonowe Przedsiębiorstwo Wodociągów i Kanalizacji w Katowicach S.A.

- Wodociągi Ustka Sp. z o.o.

- Zakład Wodociągów i Kanalizacji Sp. z o.o. Łódź - Zakład Wodociągów i Kanalizacji Sp. z o.o. Szczecin Portugal - Intermunicipal systems - Companies with State or other public entity participation, with a majority holding, and private companies, in accordance with Decreto-Lei nº 379/93 do 5 de Novembro 1993, as amended by Decreto-Lei nº 176/99 do 25 de Outubro 1999, Decreto-Lei nº 439-A/99 do 29 de Outubro 1999 and Decreto-Lei nº 103/2003 do 23 de Maio 2003. Direct administration by the State is permitted.

- Municipal Systems - Local authorities, associations of local authorities, local authority services, companies in which all or the majority of capital is publicly owned or private companies in accordance with Lei 53-F/2006, do 29 de Dezembro 2006, and Decreto-Lei nº 379/93 do 5 de Novembro 1993 as amended by Decreto-Lei nº 176/99 de 25 de Outubro 1999, Decreto-Lei nº 439-A/99 do 29 de Outubro 1999 e Decreto-Lei nº 103/2003 do 23 de Maio 2003 Romania Departamente ale autorităţilor locale şi companii care produc, transportă şi distribuie apă (departments of local authorities and water production, transport and distribution companies); examples:

- S.C. APA -C.T.T.A. S.A. Alba Iulia, Alba - S.C. APA -C.T.T.A. S.A. Filiala Alba Iulia SA., Alba Iulia, Alba - S.C. APA -C.T.T.A. S.A Filiala Blaj, Blaj, Alba - Compania de Apă Arad - S.C. Aquaterm AG 98 S.A. Curtea de Argeş, Argeş - S.C. APA Canal 2000 S.A. Piteşti, Argeş - S.C. APA Canal S.A. Oneşti, Bacău - Compania de Apă-Canal, Oradea, Bihor - R.A.J.A. Aquabis Bistriţa, Bistriţa-Năsăud - S.C. APA Grup SA Botoşani, Botoşani - Compania de Apă, Braşov, Braşov - R.A. APA, Brăila, Brăila - S.C. Ecoaquasa Sucursala Călăraşi, Călăraşi, Călăraşi - S.C. Compania de Apă Someş S.A., Cluj, Cluj-Napoca - S.C. Aquasom S.A. Dej, Dej, Cluj - Regia Autonomă Judeţeană de Apă, Constanţa, Constanţa - R.A.G.C. Târgovişte, Târgovişte Dâmboviţa - R.A. APA Craiova, Craiova, Dolj - S.C. Apa-Canal S.A., Băileşti, Dolj - S.C. Apa-Prod S.A. Deva, Deva, Hunedoara - R.A.J.A.C. Iaşi, Iaşi - Direcţia Apă-Canal, Paşcani, Iaşi - Societatea Naţională a Apelor Minerale (SNAM) Slovenia Entities that produce, transport or distribute drinking water, in accordance with a concession granted in accordance with the Zakon o varstvu okolja (Uradni list RS, 32/93, 1/96) and decisions issued by the municipalities.

Mat. StNazivPońtna Ńt.Kraj
5015731Javno Komunalno Podjetje Komunala Trbovlje D.O.O.1420Trbovlje
5067936Komunala D.O.O. Javno Podjetje Murska Sobota9000Murska Sobota
5067804Javno Komunalno Podjetje Komunala Kočevje D.O.O.1330Kočevje
5075556Lońka Komunala, Oskrba Z Vodo In Plinom, D.D. Ńkofja Loka4220Ńkofja Loka
5222109Komunalno Podjetje Velenje D.O.O. Izvajanje Komunalnih Dejavnosti D.O.O.3320Velenje
5072107Javno Komunalno Podjetje Slovenj Gradec D.O.O.2380Slovenj Gradec
1122959Komunala Javno Komunalno Podjetje D.O.O. Gornji Grad3342Gornji Grad
1332115Reņijski Obrat Občine Jezersko4206Jezersko
1332155Reņijski Obrat Občine Komenda1218Komenda
1357883Reņijski Obrat Občine Lovrenc Na Pohorju2344Lovrenc Na Pohorju
1563068Komuna, Javno Komunalno Podjetje D.O.O. Beltinci9231Beltinci
1637177Pindņa Javno Komunalno Podjetje D.O.O. Petrovci9203Petrovci
1683683Javno Podjetje Edń - Ekolońka Druņba, D.O.O. Ńentjernej8310Ńentjernej
5015367Javno Podjetje Kovod Postojna, Vodovod, Kanalizacija, D.O.O., Postojna6230Postojna
5015707Komunalno Podjetje Vrhnika Proizvodnja In Distribucija Vode, D.D.1360Vrhnika
5016100Komunalno Podjetje Ilirska Bistrica6250Ilirska Bistrica
5046688Javno Podjetje Vodovod - Kanalizacija, D.O.O. Ljubljana1000Ljubljana
5062403Javno Podjetje Komunala Črnomelj D.O.O.8340Črnomelj
5063485Komunala Radovljica, Javno Podjetje Za Komunalno Dejavnost, D.O.O.4240Radovljica
5067731Komunala Kranj, Javno Podjetje, D.O.O.4000Kranj
5067758Javno Podjetje Komunala Cerknica D.O.O.1380Cerknica
5068002Javno Komunalno Podjetje Radlje D.O.O. Ob Dravi2360Radlje Ob Dravi
5068126Jkp, Javno Komunalno Podjetje D.O.O. Slovenske Konjice3210Slovenske Konjice
5068134Javno Komunalno Podjetje Ņalec D.O.O.3310Ņalec
5073049Komunalno Podjetje Ormoņ D.O.O.2270Ormoņ
5073103Kop Javno Komunalno Podjetje Zagorje Ob Savi, D.O.O.1410Zagorje Ob Savi
5073120Komunala Novo Mesto D.O.O., Javno Podjetje8000Novo Mesto
5102103Javno Komunalno Podjetje Log D.O.O.2390Ravne Na Korońkem
5111501Okp Javno Podjetje Za Komunalne Storitve Rogańka Slatina D.O.O.3250Rogańka Slatina
5112141Javno Podjetje Komunalno Stanovanjsko Podjetje Litija, D.O.O.1270Litija
5144558Komunalno Podjetje Kamnik D.D.1241Kamnik
5144574Javno Komunalno Podjetje Grosuplje D.O.O.1290Grosuplje
5144728Ksp Hrastnik Komunalno - Stanovanjsko Podjetje D.D.1430Hrastnik
5145023Komunalno Podjetje Trņič D.O.O.4290Trņič
5157064Komunala Metlika Javno Podjetje D.O.O.8330Metlika
5210461Komunalno Stanovanjska Druņba D.O.O. Ajdovńčina5270Ajdovńčina
5213258Javno Komunalno Podjetje Dravograd2370Dravograd
5221897Javno Podjetje Komunala D.O.O. Mozirje3330Mozirje
5227739Javno Komunalno Podjetje Prodnik D.O.O.1230Domņale
5243858Komunala Trebnje D.O.O.8210Trebnje
5254965Komunala, Komunalno Podjetje D.O.O.,Lendava9220Lendava - Lendva
5321387Komunalno Podjetje Ptuj D.D.2250Ptuj
5466016Javno Komunalno Podjetje Ńentjur D.O.O.3230Ńentjur
5475988Javno Podjetje Komunala Radeče D.O.O.1433Radeče
5529522Radenska-Ekoss, Podjetje Za Stanovanjsko, Komunalno In Ekolońko Dejavnost, Radenci D.O.O.9252Radenci
5777372Vit-Pro D.O.O. Vitanje; Komunala Vitanje, Javno Podjetje D.O.O.3205Vitanje
5827558Komunalno Podjetje Logatec D.O.O.1370Logatec
5874220Reņijski Obrat Občine Osilnica1337Osilnica
5874700Reņijski Obrat Občine Turnińče9224Turnińče
5874726Reņijski Obrat Občine Črenńovci9232Črenńovci
5874734Reņijski Obrat Občine Kobilje9223Dobrovnik
5881820Reņijski Obrat Občina Kanal Ob Soči5213Kanal
5883067Reņijski Obrat Občina Tińina9251Tińina
5883148Reņijski Obrat Občina Ņelezniki4228Ņelezniki
5883342Reņijski Obrat Občine Zreče3214Zreče
5883415Reņijski Obrat Občina Bohinj4264Bohinjska Bistrica
5883679Reņijski Obrat Občina Črna Na Korońkem2393Črna Na Korońkem
5914540Vodovod - Kanalizacija Javno Podjetje D.O.O. Celje3000Celje
5926823Jeko - In, Javno Komunalno Podjetje, D.O.O., Jesenice4270Jesenice
5945151Javno Komunalno Podjetje Brezovica D.O.O.1352Preserje
5156572Kostak, Komunalno In Stavbno Podjetje D.D. Krńko8270Krńko
1162431Vodokomunalni Sistemi Izgradnja In Vzdrņevanje Vodokomunalnih Sistemov D.O.O. Velike LańčeVelike Lańče
1314297Vodovodna Zadruga Golnik, Z.O.O.4204Golnik
1332198Reņijski Obrat Občine Dobrovnik9223Dobrovnik - Dobronak
1357409Reņijski Obrat Občine Dobje3224Dobje Pri Planini
1491083Pungrad, Javno Komunalno Podjetje D.O.O. Bodonci9265Bodonci
1550144Vodovodi In Kanalizacija Nova Gorica D.D.5000Nova Gorica
1672860Vodovod Murska Sobota Javno Podjetje D.O.O.9000Murska Sobota
5067545Komunalno Stanovanjsko Podjetje Breņice D.D.8250Breņice
5067782Javno Podjetje - Azienda Publica Riņanski Vodovod Koper D.O.O. - S.R.L.6000Koper - Capodistria
5067880Mariborski Vodovod Javno Podjetje D.D.2000Maribor
5068088Javno Podjetje Komunala D.O.O. Sevnica8290Sevnica
5072999Krańki Vodovod Seņana Javno Podjetje D.O.O.6210Seņana
5073251Hydrovod D.O.O. Kočevje1330Kočevje
5387647Komunalno-Stanovanjsko Podjetje Ljutomer D.O.O.9240Ljutomer
5817978Vodovodna Zadruga Preddvor, Z.B.O.4205Preddvor
5874505Reņijski Obrat Občina LańkoLańko
5880076Reņijski Obrat Občine Cerkno5282Cerkno
5883253Reņijski Obrat Občine Rače Fram2327Rače
5884624Vodovodna Zadruga Lom, Z.O.O.4290Trņič
5918375Komunala, Javno Podjetje, Kranjska Gora, D.O.O.4280Kranjska Gora
5939208Vodovodna Zadruga Senično, Z.O.O.4294Kriņe
1926764Ekoviz D.O.O.9000Murska Sobota
5077532Komunala Tolmin, Javno Podjetje D.O.O.5220Tolmin
5880289Občina Gornja Radgona9250Gornja Radgona
1274783Wte Wassertechnik Gmbh, Podruņnica Kranjska Gora4280Kranjska Gora
1785966Wte Bled D.O.O.4260Bled
1806599Wte Essen3270Lańko
5073260Komunalno Stanovanjsko Podjetje D.D. Seņana6210Seņana
5227747Javno Podjetje Centralna Čistilna Naprava Domņale - Kamnik D.O.O.1230Domņale
1215027Aquasystems Gospodarjenje Z Vodami D.O.O.2000Maribor
1534424Javno Komunalno Podjetje D.O.O. Meņica2392Meņica
1639285Čistilna Naprava Lendava D.O.O.9220Lendava - Lendva
5066310Nigrad Javno Komunalno Podjetje D.D.2000Maribor
5072255Javno Podjetje-Azienda Pubblica Komunala Koper, D.O.O. - S.R.L.6000Koper - Capodistria
5156858Javno Podjetje Komunala Izola, D.O.O. Azienda Pubblica Komunala Isola, S.R.L.6310Izola - Isola
5338271Gop Gradbena, Organizacijska In Prodajna Dejavnost,D.O.O.8233Mirna
5708257Stadij, D.O.O., Hruńevje6225Hruńevje
5144647Komunala, Javno Komunalno Podjetje Idrija, D.O.O.5280Idrija
5105633Javno Podjetje Okolje Piran6330Piran - Pirano
5874327Reņijski Obrat Občina Kranjska Gora4280Kranjska Gora
1197380Čista Narava, Javno Komunalno Podjetje D.O.O. Moravske Toplice9226Moravske Toplice

Slovakia - Entities that operate public water systems in connection with the production or transport or distribution of drinking water to the public on the basis of a trading license and certificate of professional competence for operation of public water systems granted in accordance with Law No. 442/2002 Coll. As amended by Laws No. 525/2003 Coll., No. 364/2004 Coll., No. 587/2004 Coll. and No. 230/2005 Coll., - Entities that operate water treatment plants in accordance with the conditions indicated in Law No. 364/2004 Coll. as amended by Laws No. 587/2004 Coll. and No. 230/2005 Coll., on the basis of a permit granted in accordance with Law No. 135/1994 Coll. as amended by Laws No. 52/1982 Coll., No. 595/1990 Coll., No. 128/1991 Coll., No. 238/1993 Coll., No. 416/2001 Coll., No. 533/2001 Coll. and simultaneously provided for transport or distribution of drinking water to the public in accordance with Law No. 442/2002 Coll. as amended by Laws No. 525/2003 Coll., No. 364/2004 Coll., No. 587/2004 Coll. and No. 230/2005 Coll.

For example:

- Bratislavská vodárenská spoločnosť, a.s.

- Západoslovenská vodárenská spoločnosť, a.s.

- Povaņská vodárenská spoločnosť, a.s.

- Severoslovenské vodárne a kanalizácie, a.s.

- Stredoslovenská vodárenská spoločnosť, a.s.

- Podtatranská vodárenská spoločnosť, a.s.

- Východoslovenská vodárenská spoločnosť, a.s.

Finland - Water supply authorities under Section 3 of Vesihuoltolaki/lagen om vattentjänster (119/2001).

Sweden Local authorities and municipal companies that produce, transport or distribute drinking water in accordance with Lagen (2006:412) om allmänna vattentjänster.

United Kingdom - A company designated as responsible for water or wastewater management in accordance with the Water Industry Act 1991 - A water and sewerage authority established by Section 62 of Local Government etc. (Scotland) Act 1994.

- The Department for Regional Development (Northern Ireland)

III. URBAN RAILWAY, TRAMWAY, TROLLEYBUS OR BUS SERVICES

Belgium - Société des Transports intercommunaux de Bruxelles/Maatschappij voor intercommunaal Vervoer van Brussel - Société régionale wallonne du Transport et ses sociétés d'exploitation (TEC Liège-Verviers, TEC Namur-Luxembourg, TEC Brabant wallon, TEC Charleroi, TEC Hainaut)/ Société régionale wallonne du Transport and its operating companies (TEC Liège-Verviers, TEC Namur-Luxembourg, TEC Brabant wallon, TEC Charleroi, TEC Hainaut) - Vlaamse Vervoermaatschappij (De Lijn) - Private companies that enjoy special or exclusive rights Bulgaria - "Метрополитен" ЕАД, София - "Столичен електротранспорт" ЕАД, София - "Столичен автотранспорт" ЕАД, София - "Бургасбус" ЕООД, Бургас - "Градски транспорт" ЕАД, Варна - "Тролейбусен транспорт" ЕООД, Враца - "Общински пътнически транспорт" ЕООД, Габрово - "Автобусен транспорт" ЕООД, Добрич - "Тролейбусен транспорт" ЕООД, Добрич - "Тролейбусен транспорт" ЕООД, Пазарджик - "Тролейбусен транспорт" ЕООД, Перник - "Автобусни превози" ЕАД, Плевен - "Тролейбусен транспорт" ЕООД, Плевен - "Градски транспорт Пловдив" ЕАД, Пловдив - "Градски транспорт" ЕООД, Русе - "Пътнически превози" ЕАД, Сливен - "Автобусни превози" ЕООД, Стара Загора - "Тролейбусен транспорт" ЕООД, Хасково Czech Republic All contracting entities in the sectors that provide services in the field of urban railway, tramway, trolleybus or bus services defined in Section 4, paragraph 1, letter f) of Law No. 137/2006 Coll. on public contracts, as amended.

Examples of contracting authorities:

- Dopravní podnik hl.m. Prahy, akciová společnost - Dopravní podnik města Brna, a. s.

- Dopravní podnik Ostrava a.s.

- Plzeňské městské dopravní podniky, a.s.

- Dopravní podnik města Olomouce, a.s.

Denmark - DSB - DSB S-tog A/S - Entities that provide bus services to the public (ordinary regular services) on the basis of an authorization in accordance with Lov om buskørsel, see Consolidation Act No. 107 of 19 February 2003.

- Metroselskabet I/S Germany Companies that provide, on the basis of an authorization, short-distance transport services to the public in accordance with the Personenbeförderungsgesetz of 21 March 1961, as amended on 31 October 2006.

Estonia - Entities that operate in accordance with Article 10(3) of the Public Procurement Act (RT I 21.02.2007, 15, 76) and Article 14 of the Competition Act (RT I 2001, 56 332) - AS Tallinna Autobussikoondis - AS Tallinna Trammi- ja Trollibussikoondis - Narva Bussiveod AS Ireland - Iarnród Éireann [Irish Rail] - Railway Procurement Agency - Luas [Dublin Light Rail] - Bus Éireann [Irish Bus] - Bus Átha Cliath [Dublin Bus] - Entities that provide transport services to the public in accordance with the Road Transport Act 1932 as amended.

Greece - 'ΗιƂθƄξνθίλεƄƀ ΛƂωƅνξƂίƀ ΠƂξηνρήο Αζελώλ - ΠƂηξƀηώο Α.Δ.' ('Η.Λ.Π.Α.Π. Α.Δ.') (Athens-Piraeus Trolleybuses S.A), established and operating in accordance with Legislative Decree No. 768/1970 (Α΄273), Law No. 588/1977 (Α΄148) and Law No. 2669/1998 (Α΄283).

- 'ΗιƂθƄξηθνί ΢ηƁεξόƁξνκνη Αζελώλ - ΠƂηξƀηώο' ('Η.΢.Α.Π. Α.Δ.') (Athens-Piraeus Electric Railway S.A), established and operating in accordance with Laws 352/1976 (Α΄ 147) and 2669/1998 (Α΄283) - 'Οξγƀληƃκόο ΑƃƄηθώλ ΢πγθνηλωληώλ Αζελώλ Α.Δ.' ('Ο.Α.΢Α. Α.Δ.') (Athens Urban Transport Organisation S.A), established and operating in accordance with Law No. 2175/1993 (Α΄211) and 2669/1998 (Α΄283) - 'ΔƄƀηξƂίƀ zƂξκηθώλ ΛƂωƅνξƂίωλ Α.Δ.' ('Δ.z.Δ.Λ. Α.Δ.'), (Thermal Bus Company S.A., established and operating in accordance with Law No. 2175/1993 (Α΄211) and 2669/1998 (Α΄283) - 'ΑƄƄηθό ΜƂƄξό Α.Δ.' (Attiko Metro S.A), established and operating in accordance with Law No. 1955/1991 - "Οξγƀληƃκόο ΑƃƄηθώλ ΢πγθνηλωληώλ zƂƃƃƀινλίθεο" ("Ο.Α.΢.z."), established and operating in accordance with Decree No. 3721/1957, Legislative Decree No. 716/1970 and Laws No. 866/79 and 2898/2001 (Α'71).

- "Κνηλό ΣƀκƂίν Δίƃπξƀμεο ΛƂωƅνξƂίωλ" ("Κ.Σ.Δ.Λ."), operating in accordance with Law No. 2963/2001 (Α'268).

- "ΓεκνƄηθέο ΔπηρƂηξήƃƂηο ΛƂωƅνξƂίωλ ΡόƁνπ θƀη Κω", also known as "ΡΟΓΑ" and "ΓΔΑ΢ ΚΧ" respectively, operating in accordance with Law No. 2963/2001 (Α'268).

Spain - Entities that provide urban public transport services in accordance with "Ley 7/1985 Reguladora de las Bases de Régimen Local of 2 April 1985; Real Decreto legislativo 781/1986, de 18 de abril, por el que se aprueba el texto refundido de las disposiciones legales vigentes en materia de régimen local" and corresponding regional legislation, if applicable.

- Entities that provide bus services to the public in accordance with transitional provision number three of "Ley 16/1987, de 30 de julio, de Ordenación de los Transportes Terrestres".

Examples:

- Empresa Municipal de Transportes de Madrid - Empresa Municipal de Transportes de Málaga - Empresa Municipal de Transportes Urbanos de Palma de Mallorca - Empresa Municipal de Transportes Públicos de Tarragona - Empresa Municipal de Transportes de Valencia - Transporte Urbano de Sevilla, S.A.M. (TUSSAM) - Transporte Urbano de Zaragoza, S.A. (TUZSA) - Entitat Metropolitana de Transport - AMB - Eusko Trenbideak, s.a.

- Ferrocarril Metropolitá de Barcelona, sa - Ferrocariles de la Generalitat Valenciana - Consorcio de Transportes de Mallorca - Metro de Madrid - Metro de Málaga, S.A.

- Red Nacional de los Ferrocarriles Españoles (Renfe) France - Entities that provide transport services to the public in accordance with Article 7-II of Loi d'orientation des transports intérieurs No. 82-1153 of 30 December 1982.

- Régie des transports de Marseille - RDT 13 Régie départementale des transports des Bouches du Rhône - Régie départementale des transports du Jura - DTHV Régie départementale des transports de la Haute-Vienne - Régie autonome des transports parisiens, Société nationale des chemins de fer français and other entities that provide transport services on the basis of an authorization granted by the Syndicat des transports d'Île-de-France, in accordance with Ordonnance n°59-151 of 7 January 1959 as amended and the implementing Decrees relating to the organization of passenger transport in the Île-de-France region.

- Réseau ferré de France, state-owned company established by Law No. 97- 135 of 13 February 1997.

- Regional or local authorities or groups of regional or local authorities that form an organized transport authority (example: Communauté urbaine de Lyon).

Italy Entities, companies and undertakings that provide transport service by railway, automated system, tramway, trolleybus or bus or that manage the infrastructure at national, regional, or local level. They include, for example:

- Entities, companies and undertakings that provide public transport services on the basis of an authorization in accordance with the Decree of the Minister dei Trasporti No. 316 of 1 December 2006 "Regolamento recante riordino dei servizi automobilistici interregionali di competenza statale" - Entities, companies and undertakings that provide transport services to the public in accordance with Article 1(4) or (15) of Regio Decreto No. 2578 of 15 October 1925 - Approvazione del testo unico della legge sull'assunzione diretta dei pubblici servizi da parte dei comuni e delle province.

- Entities, companies and undertakings that provide transport services to the public in accordance with Decreto Legislativo No. 422 of 19 November 1997 - Conferimento alle regioni ed agli enti locali di funzioni e compiti in materia di trasporto pubblico locale, under the terms of Article 4(4) of Legge No. 59 of 15 March 1997 - as amended by Decreto Legislativo No. 400 of 20 September 1999, and by Article 45 of Legge No. 166 of 1 August 2002.

- Entities, companies and undertakings that provide transport services to the public in accordance with Article 113 of the consolidated text of laws on the structure of local authorities, approved by Legge No. 267 of 18 August 2000 as amended by Article 35 of Legge No. 448 of 28 December 2001.

- Entities, companies and undertakings that operate on the basis of a concession in accordance with Articles 242 or 256 of Regio Decreto No. 1447 of 9 May 1912 approving the consolidated text of laws on le ferrovie concesse all'industria privata, le tramvie a trazione meccanica e gli automobili.

- Entities, companies, undertakings and local authorities that operate on the basis of a concession in accordance with Article 4 of Legge No. 410 of 4 June 1949 - Concorso dello Stato per la riattivazione dei pubblici servizi di trasporto in concessione.

- Entities, companies and undertakings that operate on the basis of a concession in accordance with Article 14 of Legge No. 1221 of 2 August 1952 - Provvedimenti per l'esercizio ed il potenziamento di ferrovie e di altre linee di trasporto in regime di concessione Cyprus Latvia Public and private law subjects that provide services to passengers transported by buses, trolleybuses and/or trams at least in the following cities: Riga, Jurmala Liepaja, Daugavpils, Jelgava, Rezekne and Ventspils Lithuania - Akcinė bendrovė "Autrolis" - Uņdaroji akcinė bendrovė "Vilniaus autobusai" - Uņdaroji akcinė bendrovė "Kauno autobusai" - Uņdaroji akcinė bendrovė "Vilniaus troleibusai" - Other entities in accordance with the requirements of Article 70, paragraphs 1 and 2, of the Law on Public Procurement of the Republic of Lithuania (Official Gazette No. 84-2000, 1996; No. 4-102, 2006) and operating in the field of railway, tramway, trolleybus and bus transport services in accordance with the Land Transport Code of the Republic of Lithuania (Official Gazette No. 119-2772, 1996).

Luxembourg - Chemins de fer luxembourgeois (CFL).

- Municipal bus services of the City of Luxembourg.

- Intercommunal transport of the Canton of Esch-sur-Alzette (TICE).

- Bus service companies operating in accordance with the Grand-Ducal Regulation concerning the conditions for granting establishment and operating authorizations for remunerated regular road passenger transport services of 3 February 1978.

Hungary - Entities providing scheduled long-distance public bus transport services in accordance with Articles 162-163 of Act CXXIX of 2003 on Public Procurement and Act I of 1988 on Road Transport.

- Entities providing internal public rail passenger transport in accordance with Articles 162-163 of Act CXXIX of 2003 on Public Procurement and Act CLXXXIII of 2005 on Railway Transport.

Malta - L-Awtorita` dwar it-Trasport ta' Malta (Malta Transport Authority) Netherlands Entities providing public transport services in accordance with Chapter II (Openbaar Vervoer) of the Wet Personenvervoer. For example:

- RET (Rotterdam) - HTM (Den Haag) - GVB (Amsterdam) Austria - Entities authorized to offer public transport services in accordance with the Eisenbahngesetz, BGBl. No. 60/1957, as amended, or the Kraftfahrliniengesetz, BGBl. I No. 203/1999, as amended.

Poland (1) Entities providing urban rail services, operating on the basis of a concession granted in accordance with the Ustawa z dnia 28 marca 2003 r. o transporcie kolejowym, (2) Entities providing bus transport services for the general public, operating on the basis of an authorization in accordance with the Ustawa z dnia 6 września 2001 r. o transporcie drogowym, and entities providing urban public transport services, including:

- Komunalne Przedsiębiorstwo Komunikacyjne Sp. z o.o., Białystok - Komunalny Zakład Komunikacyjny Sp. z o.o., Białystok - Miejski Zakład Komunikacji Sp. z o.o., Grudziądz - Miejski Zakład Komunikacji Sp. z o.o., w Zamościu - Miejskie Przedsiębiorstwo Komunikacyjne - Łódź Sp. z o.o.

- Miejskie Przedsiębiorstwo Komunikacyjne Sp. z o. o., Lublin - Miejskie Przedsiębiorstwo Komunikacyjne S.A., Kraków - Miejskie Przedsiębiorstwo Komunikacyjne S.A., Wrocław - Miejskie Przedsiębiorstwo Komunikacyjne Sp. z o.o., Częstochowa - Miejskie Przedsiębiorstwo Komunikacyjne Sp. z ν.ν., Gniezno - Miejskie Przedsiębiorstwo Komunikacyjne Sp. z ν,ν., Olsztyn - Miejskie Przedsiębiorstwo Komunikacyjne Sp. z o.o., Radomsko - Miejskie Przedsiębiorstwo Komunikacyjne Sp. z ν.ν., Wałbrzych - Miejskie Przedsiębiorstwo Komunikacyjne w Poznaniu Sp. z o.o.

- Miejskie Przedsiębiorstwo Komunikacyjne Sp. z o.o., w Świdnicy - Miejskie Zakłady Komunikacyjne Sp. z o.o, Bydgoszcz - Miejskie Zakłady Autobusowe Sp. z o.o., Warszawa - Opolskie Przedsiębiorstwo Komunikacji Samochodowej S.A. w Opolu - Polbus - PKS Sp. z o.o., Wrocław - Polskie Koleje Linowe Sp. z o.o Zakopane - Przedsiębiorstwo Komunikacji Miejskiej Sp. z o.o., Gliwice - Przedsiębiorstwo Komunikacji Miejskiej Sp. z o.o. w Sosnowcu - Przedsiębiorstwo Komunikacji Samochodowej Leszno Sp. z o.o.

- Przedsiębiorstwo Komunikacji Samochodowej S.A., Kłodzko - Przedsiębiorstwo Komunikacji Samochodowej S.A., Katowice - Przedsiębiorstwo Komunikacji Samochodowej w Brodnicy S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Dzierżoniowie S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Kluczborku Sp. z o.o.

- Przedsiębiorstwo Komunikacji Samochodowej w Krośnie S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Raciborzu Sp. z o.o.

- Przedsiębiorstwo Komunikacji Samochodowej w Rzeszowie S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Strzelcach Opolskich S.A.

- Przedsiębiorstwo Komunikacji Samochodowej Wieluń Sp. z o.o.

- Przedsiębiorstwo Komunikacji Samochodowej w Kamiennej Górze Sp. z.ν.ν.

- Przedsiębiorstwo Komunikacji Samochodowej w Białymstoku S.A - Przedsiębiorstwo Komunikacji Samochodowej w Bielsku-Białej S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Bolesławcu Sp. z o.o.

- Przedsiębiorstwo Komunikacji Samochodowej w Cieszynie Sp. z ν.ν.

- Przedsiębiorstwo Przewozu Towarów Powszechnej Komunikacji Samochodowej S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Bolesławcu Sp. z ν.ν - Przedsiębiorstwo Komunikacji Samochodowej w Mińsku Mazowieckim S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Siedlcach S.A.

- Przedsiębiorstwo Komunikacji Samochodowej "SOKOŁÓW" w Sokołowie Podlaskim S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Garwolinie S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Lubaniu Sp. z o.o.

- Przedsiębiorstwo Komunikacji Samochodowej w Łukowie S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Wadowicach S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Staszowie Sp. z o.o.

- Przedsiębiorstwo Komunikacji Samochodowej w Krakowie S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Dębicy S.A., - Przedsiębiorstwo Komunikacji Samochodowej w Zawierciu S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Żyrardowie S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Pszczynie Sp. z o.o.

- Przedsiębiorstwo Komunikacji Samochodowej w Płocku S.A.

- Przedsiębiorstwo Spedycyjno-Transportowe "Transgór" Sp. z o.o.

- Przedsiębiorstwo Komunikacji Samochodowej w Stalowej Woli S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Jarosławiu S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Ciechanowie S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Mławie S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Nysie Sp. z, o.o.

- Przedsiębiorstwo Komunikacji Samochodowej w Ostrowcu Świętokrzyskim S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Kielcach S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Końskich S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Jędrzejowie Spółka Akcyjna - Przedsiębiorstwo Komunikacji Samochodowej w Oławie Spółka Akcyjna - Przedsiębiorstwo Komunikacji Samochodowej w Wałbrzychu Sp. z o.o - Przedsiębiorstwo Komunikacji Samochodowej w Busku Zdroju S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Ostrołęce S.A.

- Tramwaje Śląskie S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Olkuszu S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Przasnyszu S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Nowym Sączu S.A.

- Przedsiębiorstwo Komunikacji Samochodowej Radomsko Sp. z o.o - Przedsiębiorstwo Komunikacji Samochodowej w Myszkowie Sp. z ν.ν.

- Przedsiębiorstwo Komunikacji Samochodowej w Lublińcu Sp. z o.o - Przedsiębiorstwo Komunikacji Samochodowej w Głubczycach Sp. z o.o - PKS w Suwałkach S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Koninie S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Turku S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Zgorzelcu Sp. z o.o - PKS Nowa Sól Sp. z o.o - Przedsiębiorstwo Komunikacji Samochodowej Zielona Góra Sp. z o.o - Przedsiębiorstwo Komunikacji Samochodowej Sp. z o.o. w Przemyślu - Przedsiębiorstwo Państwowej Komunikacji Samochodowej, Koło - Przedsiębiorstwo Państwowej Komunikacji Samochodowej, Biłgoraj - Przedsiębiorstwo Komunikacji Samochodowej Częstochowa S.A.

- Przedsiębiorstwo Państwowej Komunikacji Samochodowej, Gdańsk - Przedsiębiorstwo Państwowej Komunikacji Samochodowej, Kalisz - Przedsiębiorstwo Państwowej Komunikacji Samochodowej, Konin - Przedsiębiorstwo Państwowej Komunikacji Samochodowej, Nowy Dwór Mazowiecki - Przedsiębiorstwo Państwowej Komunikacji Samochodowej, Starogard Gdański - Przedsiębiorstwo Państwowej Komunikacji Samochodowej, Toruń - Przedsiębiorstwo Państwowej Komunikacji Samochodowej, Warszawa - Przedsiębiorstwo Komunikacji Samochodowej w Białymstoku S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Cieszynie Sp, z o.o.

- Przedsiębiorstwo Państwowej Komunikacji Samochodowej w Gnieźnie - Przedsiębiorstwo Państwowej Komunikacji Samochodowej w Krasnymstawie - Przedsiębiorstwo Państwowej Komunikacji Samochodowej w Olsztynie - Przedsiębiorstwo Państwowej Komunikacji Samochodowej w Ostrowie Wlkp.

- Przedsiębiorstwo Państwowej Komunikacji Samochodowej w Poznaniu - Przedsiębiorstwo Państwowej Komunikacji Samochodowej w Zgorzelcu Sp. z o.o.

- Szczecińsko-Polickie Przedsiębiorstwo Komunikacyjne Sp. z o.o.

- Tramwaje Śląskie S.A., Katowice - Tramwaje Warszawskie Sp. z o.o.

- Zakład Komunikacji Miejskiej w Gdańsku Sp. z o.o.

Portugal - Metropolitano de Lisboa, E.P., in accordance with Decreto-Lei nº 439/78 of 30 December 1978 - Local authorities, local authority services, and local authority companies in accordance with Lei nº 58/98 of 18 August 1998, which provide transport services in accordance with Lei nº 159/99 of 14 September 1999 - Public authorities and public companies providing rail services in accordance with Lei nº 10/90 of 17 March 1990 - Entities providing public transport service in accordance with Article 98 of the Regulamento de Transportes em Automóveis (Decreto nº 37272 of 31 December 1948) - Entities providing public transport services in accordance with Lei nº 688/73 of 21 December 1973 - Entities providing public transport services in accordance with Decreto-Lei nº 38144 of 31 December 1950 - Metro do Porto, S.A., in accordance with Decreto-Lei nº 394-A/98 of 15 December 1998, as amended by Decreto-Lei nº 261/2001 of 26 September 2001 - Normetro, S.A., in accordance with Decreto-Lei nº 394-A/98 of 15 December 1998, as amended by Decreto-Lei nº 261/2001 of 26 September 2001 - Metropolitano Ligeiro de Mirandela, S.A., in accordance with Decreto-Lei nº 24/95 of 8 February 1995 - Metro do Mondego, S.A., in accordance with Decreto-Lei nº 10/2002 of 24 January 2002 - Metro Transportes do Sul, S.A., in accordance with Decreto-Lei nº 337/99 of 24 August 1999 - Local authorities and local authority companies providing transport services in accordance with Lei nº 159/99 of 14 September 1999 Romania - S.C. de transport cu metroul Bucureşti - "Metrorex" SA - Regii autonome locale de transport urban de călători Slovenia Companies providing urban public bus transport service under the Zakon o prevozih v cestnem prometu (Uradni list RS, 72/94, 54/96, 48/98 and 65/99).

Mat. St.NazivPońtna St.Kraj
1540564AVTOBUSNI PREVOZI RIŅANA D.O.O. Dekani6271DEKANI
5065011 1. AVTOBUSNI PROMET Murska Sobota D.D.9000MURSKA SOBOTA
5097053Alpetour Potovalna Agencija4000Kranj
50970612. ALPETOUR, Ńpedicija In Transport, D.D. Ńkofja Loka4220ŃKOFJA LOKA
5107717INTEGRAL BREBUS Breņice D.O.O.8250BREŅICE
5143233IZLETNIK CELJE D.D. Prometno In Turistično Podjetje Celje3000CELJE
5143373AVRIGO DRUŅBA ZA AVTOBUSNI PROMET IN TURIZEM D.D. NOVA GORICA5000NOVA GORICA
5222966JAVNO PODJETJE LJUBLJANSKI POTNIŃKI PROMET D.O.O.1000LJUBLJANA
5263433CERTUS AVTOBUSNI PROMET MARIBOR D.D.2000MARIBOR
5352657I & I - Avtobusni Prevozi D.D. Koper6000KOPER - CAPODISTRIA
5357845Meteor Cerklje4207Cerklje
5410711 3.KORATUR Avtobusni Promet In Turizem D.D. Prevalje2391PREVALJE
5465486INTEGRAL, Avto. Promet Trņič, D.D.4290TRŅIČ
5544378KAM-BUS Druņba Za Prevoz Potnikov, Turizem In Vzdrņevanje Vozil, D.D. Kamnik1241KAMNIK
5880190MPOV Storitve In Trgovina D.O.O. Vinica8344VINICA Mat. Ńt. Naziv Pońtna Ńt. Kraj
1540564AVTOBUSNI PREVOZI RIŅANA D.O.O. Dekani6271DEKANI
5065011 1.AVTOBUSNI PROMET Murska Sobota D.D.9000MURSKA SOBOTA
5097053Alpetour Potovalna Agencija4000Kranj
5097061 2.ALPETOUR, Ńpedicija In Transport, D.D. Ńkofja Loka4220ŃKOFJA LOKA
5107717INTEGRAL BREBUS Breņice D.O.O.8250BREŅICE
5143233IZLETNIK CELJE D.D. Prometno In Turistično Podjetje Celje3000CELJE
5143373AVRIGO DRUŅBA ZA AVTOBUSNI PROMET IN TURIZEM D.D. NOVA GORICA5000NOVA GORICA
5222966JAVNO PODJETJE LJUBLJANSKI POTNIŃKI PROMET D.O.O.1000LJUBLJANA
5263433CERTUS AVTOBUSNI PROMET MARIBOR D.D.2000MARIBOR
5352657I & I - Avtobusni Prevozi D.D. Koper6000KOPER - CAPODISTRIA
5357845Meteor Cerklje4207Cerklje
5410711 3.KORATUR Avtobusni Promet In Turizem D.D. Prevalje2391PREVALJE
5465486INTEGRAL, Avto. Promet Trņič, D.D4290TRŅIČ
5544378KAM-BUS Druņba Za Prevoz Potnikov, Turizem In Vzdrņevanje Vozil, D.D. Kamnik1241KAMNIK
5880190MPOV Storitve In Trgovina D.O.O. Vinica8344VINICA

Slovakia - Carriers operating, on the basis of a license, public passenger transport by tram, trolleybus, special, or cable transport in accordance with Article 23 of Act No. 164/1996 Coll. as amended by Acts No. 58/1997 Coll., No. 260/2001 Coll., No. 416/2001 Coll., and No. 114/2004 Coll.

- Carriers operating regular local bus transport for the public in the territory of Slovakia, or in part of the territory of a foreign state as well, or in a specific part of the territory of Slovakia on the basis of a permit to operate bus transport based on the transport permit for the specific route, which is granted in accordance with Act No. 168/1996 Coll. as amended by Acts No. 386/1996 Coll., No. 58/1997 Coll., No. 340/2000 Coll., No. 416/2001 Coll., No. 506/2002 Coll., No. 534/2003 Coll., and No. 114/2004 Coll.

For example:

- Dopravný podnik Bratislava, a.s.

- Dopravný podnik mesta Końice, a.s.

- Dopravný podnik mesta Preńov, a.s.

- Dopravný podnik mesta Ņilina, a.s.

Finlandia Entities providing regular bus transport services under a special or exclusive permit in accordance with the Laki luvanvaraisesta henkilöliikenteestä tiellä / lagen om tillståndspliktig persontrafik på väg (343/1991) and municipal transport authorities and public companies providing bus, train, or underground train transport services, or maintaining a network for the purpose of providing such transport services.

Sweden - Entities operating rail or tram services in accordance with Lagen (1997:734) om ansvar för viss kollektiv persontrafik and lagen (1990:1157) säkerhet vid tunnelbana och spårväg.

- Public or private entities providing trolleybus or bus service in accordance with Lagen (1997:734) om ansvar för viss kollektiv persontrafik and yrkestrafiklagen (1998:490).

United Kingdom - London Regional Transport - London Underground Limited - Transport for London - A subsidiary of Transport for London within the scope of section 424(1) of the Greater London Authority Act 1999 - Strathclyde Passenger Transport Executive - Greater Manchester Passenger Transport Executive - Tyne and Wear Passenger Transport Executive - Brighton Borough Council - South Yorkshire Passenger Transport Executive - South Yorkshire Supertram Limited - Blackpool Transport Services Limited - Conwy County Borough Council - A person providing a local service in London as defined in section 179(1) of the Greater London Authority Act 1999 (a bus service) in accordance with an agreement entered into by Transport for London under section 156(2) of that Act or in accordance with a subsidiary transport agreement as defined by section 169 of that Act - Northern Ireland Transport Holding Company - A person holding a road service license under section 4(1) of the Transport Act (Northern Ireland) 1967 that authorizes them to provide a regular service within the scope of the license.

IV. MARITIME OR RIVER PORTS OR OTHER TERMINALS

Belgium - Gemeentelijk Havenbedrijf van Antwerpen - Havenbedrijf van Gent - Maatschappij der Brugse Zeevaartinrichtigen - Port autonome de Charleroi - Port autonome de Namur - Port autonome de Liège - Port autonome du Centre et de l'Ouest - Société régionale du Port de Bruxelles / Gewestelijke Vennootschap van de Haven van Brussel - Waterwegen en Zeekanaal - De Scheepvaart Bulgaria ДП "Пристанищна инфраструктура" Entities that, by virtue of special or exclusive rights, operate public transport ports of national importance or parts thereof, listed in Annex 1 of Article 103a of the Закона за морските пространства, вътрешните водни пътища и пристанищата на Република България (обн., ДВ, бр.12/11.02.2000):

- "Пристанище Варна" ЕАД - "Порт Балчик" АД - "БМ Порт" АД - "Пристанище Бургас" ЕАД - "Пристанищен комплекс - Русе" ЕАД - "Пристанищен комплекс - Лом" ЕАД - "Пристанище Видин" ЕООД - "Драгажен флот - Истър" АД - "Дунавски индустриален парк" АД Entities that, by virtue of special or exclusive rights, operate public transport ports of national importance or parts thereof, listed in Annex 2 of Article 103a of the Закона за морските пространства, вътрешните водни пътища и пристанищата на Република България (обн., ДВ, бр.12/11.02.2000):

- "Фиш Порт" АД - Кораборемонтен завод "Порт - Бургас" АД - "Либърти металс груп" АД - "Трансстрой - Бургас" АД - "Одесос ПБМ" АД - "Поддържане чистотата на морските води" АД - "Поларис 8" ООД - "Лесил" АД - "Ромпетрол - България" АД - "Булмаркет - ДМ" ООД - "Свободна зона - Русе" ЕАД - "Дунавски драгажен флот" - АД - "Нарен" ООД - "ТЕЦ Свилоза" АД - НЕК ЕАД - клон "АЕЦ - Белене" - "Нафтекс Петрол" ЕООД - "Фериботен комплекс" АД - "Дунавски драгажен флот Дуним" АД - "ОМВ България" ЕООД - СО МАТ АД - клон Видин - "Свободна зона - Видин" ЕАД - "Дунавски драгажен флот Видин" - "Дунав турс" АД - "Меком" ООД - "Дубъл Ве Ко" ЕООД Czech Republic All contracting authorities in the sectors that exploit a defined geographical area for the purpose of providing and operating maritime or river ports or other air, maritime, or river transport terminals (regulated by Section 4, paragraph 1, letter i) of Act No. 137/2006 Coll. on Public Contracts, as amended).

Examples of contracting authorities:

- České přístavy, a.s.

Denmark - Ports defined in Article 1 of Lov om havne, cf. Act No. 326 of 28 May 1999 Germany - Maritime ports wholly or partly owned by territorial authorities (Länder, Kreise Gemeinden).

- River ports subject to the Hafenordnung in accordance with the Wassergesetze of the federal states.

Estonia - Entities subject to Article 10, paragraph 3, of the Public Procurement Act (RT I 21.02.2007, 15, 76) and Article 14 of the Competition Act (RT I 2001, 56 332):

- AS Saarte Liinid; - AS Tallinna Sadam Ireland - Ports operating in accordance with the Harbours Acts 1946 to 2000 - Port of Rosslare Harbour operating in accordance with the Fishguard and Rosslare Railways and Harbours Acts 1899 Greece - 'Οξγƀληƃκόο Ληκέλνο Βόινπ Αλώλπκε ΔƄƀηξƂίƀ' ('Ο.Λ.Β. Α.Δ.'), in accordance with Law No. 2932/01 - 'Οξγƀληƃκόο Ληκέλνο ΔιƂπƃίλƀο Αλώλπκε ΔƄƀηξƂίƀ' ('Ο.Λ.Δ. Α.Δ.'), in accordance with Law No. 2932/01 - 'Οξγƀληƃκόο Ληκέλνο ΗγνπκƂλίƄƃƀο Αλώλπκε ΔƄƀηξƂίƀ' ('Ο.Λ.ΗZ. Α.Δ.'), in accordance with Law No. 2932/01 - 'Οξγƀληƃκόο Ληκέλνο ΗξƀθιƂίνπ Αλώλπκε ΔƄƀηξƂίƀ' ('Ο.Λ.Η. Α.Δ.'), in accordance with Law No. 2932/01 - 'Οξγƀληƃκόο Ληκέλνο Κƀβάιƀο Αλώλπκε ΔƄƀηξƂίƀ' ('Ο.Λ.Κ. Α.Δ.'), in accordance with Law No. 2932/01 - 'Οξγƀληƃκόο Ληκέλνο Κέξθπξƀο Αλώλπκε ΔƄƀηξƂίƀ' ('Ο.Λ.ΚΔ. Α.Δ.'), in accordance with Law No. 2932/01 - 'Οξγƀληƃκόο Ληκέλνο ΠƀƄξώλ Αλώλπκε ΔƄƀηξƂίƀ' ('Ο.Λ.ΠΑ. Α.Δ.'), in accordance with Law No. 2932/01 - 'Οξγƀληƃκόο Ληκέλνο Λƀπξίνπ Αλώλπκε ΔƄƀηξƂίƀ' ('Ο.Λ.Λ. Α.Δ.'), in accordance with Law No. 2932/01 - 'Οξγƀληƃκόο Ληκέλνο Ρƀƅήλƀο Αλώλπκε ΔƄƀηξƂίƀ' ('Ο.Λ.Ρ. Α.Δ'), in accordance with Law No. 2932/01 - (Port authorities) - Other ports, ΓεκνƄηθά θƀη Ννκƀξρηƀθά ΣƀκƂίƀ (Municipal and Prefectural Ports) governed by Presidential Decree No. 649/1977, Law 2987/02, Presidential Decree 362/97, and Law 2738/99 Spain - Ente público Puertos del Estado - Autoridad Portuaria de Alicante - Autoridad Portuaria de Almería - Motril - Autoridad Portuaria de Avilés - Autoridad Portuaria de la Bahía de Algeciras - Autoridad Portuaria de la Bahía de Cádiz - Autoridad Portuaria de Baleares - Autoridad Portuaria de Barcelona - Autoridad Portuaria de Bilbao - Autoridad Portuaria de Cartagena - Autoridad Portuaria de Castellón - Autoridad Portuaria de Ceuta - Autoridad Portuaria de Ferrol - San Cibrao - Autoridad Portuaria de Gijón - Autoridad Portuaria de Huelva - Autoridad Portuaria de Las Palmas - Autoridad Portuaria de Málaga - Autoridad Portuaria de Marín y Ría de Pontevedra - Autoridad Portuaria de Melilla - Autoridad Portuaria de Pasajes - Autoridad Portuaria de Santa Cruz de Tenerife - Autoridad Portuaria de Santander - Autoridad Portuaria de Sevilla - Autoridad Portuaria de Tarragona - Autoridad Portuaria de Valencia - Autoridad Portuaria de Vigo - Autoridad Portuaria de Villagarcía de Arousa - Other port authorities of the "Comunidades Autónomas" of Andalucía, Asturias, Baleares, Canarias, Cantabria, Cataluña, Galicia, Murcia, País Vasco, and Valencia France - Port autonome de Paris established in accordance with Loi n°68-917 relative au port autonome de Paris of 24 October 1968 - Port autonome de Strasbourg established in accordance with the convention entre l'Etat et la ville de Strasbourg relative à la construction du port rhénan de Strasbourg et à l'exécution de travaux d'extension de ce port of 20 May 1923, approved by Law of 26 April 1924 - Autonomous ports operating in accordance with Articles L. 111-1 et seq. of the code des ports maritimes, endowed with legal personality:

- Port autonome de Bordeaux - Port autonome de Dunkerque - Port autonome de La Rochelle - Port autonome du Havre - Port autonome de Marseille - Port autonome de Nantes-Saint-Nazaire - Port autonome de Pointe-à-Pitre - Port autonome de Rouen - Ports without legal personality, owned by the State (décret n°2006-330 of 20 March 2006 fixant la liste des ports des départements d'outre-mer exclus du transfert prévu à l'article 30 de la loi du 13 août 2004 relative aux libertés et responsabilités locales), the administration of which has been granted to local chambers of commerce and industry:

- Port de Fort de France (Martinique) - Port de Dégrad des Cannes (Guyane) - Port-Réunion (île de la Réunion) - Ports de Saint-Pierre et Miquelon - Ports without legal personality the ownership of which has been transferred to regional or local authorities and the administration of which has been granted to local chambers of commerce and industry (Article 30 of Loi n°2004-809 of 13 August 2004 relative aux libertés et responsabilités locales, as amended by Loi n°2006-1771 of 30 December 2006):

- Port de Calais - Port de Boulogne-sur-Mer - Port de Nice - Port de Bastia - Port de Sète - Port de Lorient - Port de Cannes - Port de Villefranche-sur-Mer - Voies navigables de France, public body subject to Article 124 of Loi n°90-1168 of 29 December 1990, as amended Italy - State ports (Porti statali) and other ports operated by the Capitaneria di Porto in accordance with the Codice della navigazione, Regio Decreto No. 327 of 30 March 1942 - Autonomous ports (enti portuali) established by special laws in accordance with Article 19 of the Codice della navigazione, Regio Decreto No. 327 of 30 March 1942 Cyprus Η Αξρή Ληκέλωλ Κύπξνπ established by the πƂξί Αξρήο Ληκέλωλ Κύπξνπ Νόκν Ƅνπ 1973.

Latvia Authorities that manage ports in accordance with the law "Likumu par ostām":

- Rīgas brīvostas pārvalde - Ventspils brīvostas pārvalde - Liepājas speciālas ekonomiskās zona pārvalde - Salacgrīvas ostas pārvalde - Skultes ostas pārvalde - Lielupes ostas pārvalde - Engures ostas pārvalde - Mērsraga ostas pārvalde - Pāvilostas ostas pārvalde - Rojas ostas pārvalde Other contracting institutions in accordance with the law "Par iepirkumu sabiedrisko pakalpojumu sniedzēju vajadzībām" and that operate ports in accordance with the law "Likumu par ostām".

Lithuania - State enterprise Klaipėda State Sea Port Administration, subject to the Law on the Klaipėda State Sea Port Administration of the Republic of Lithuania (Official Gazette No. 53-1245, 1996); - State enterprise Vidaus vandens kelių direkcija, subject to the Code on Inland Waterway Transport of the Republic of Lithuania (Official Gazette No. 105-2393, 1996); - Other entities in accordance with the requirements of Article 70, paragraphs 1 and 2, of the Law on Public Procurement of the Republic of Lithuania (Official Gazette No. 84-2000, 1996; No. 4-102, 2006) and that operate, in the field of maritime or river ports or other terminals, in accordance with the Code on Inland Waterway Transport of the Republic of Lithuania).

Luxembourg - Port de Mertert, established and operating in accordance with the Loi relative à l'aménagement et à l'exploitation d'un port fluvial sur la Moselle of 22 July 1963, as amended.

Hungary - Ports operating in accordance with Articles 162-163 of 2003. évi CXXIX. törvény a közbeszerzésekről and 2000. évi XLII. törvény a vízi közlekedésről.

Malta - L-Awtorita' Marittima ta' Malta (Malta Maritime Authority) Netherlands Contracting entities in the fields of maritime ports, river ports, other terminals, or other terminal equipment. For example:

- Havenbedrijf Rotterdam Austria - River ports wholly or partly owned by federal states or municipalities.

Poland Entities established on the basis of the Ustawa z dnia 20 grudnia 1996 r. o portach i przystaniach morskich, including:

- Zarząd Morskiego Portu Gdańsk S.A, - Zarząd Morskiego Portu Gdynia S.A.

- Zarząd Portów Morskich Szczecin i Świnoujście S.A.

- Zarząd Portu Morskiego Darłowo Sp. z o.o.

- Zarząd Portu Morskiego Elbląg Sp. z o.o.

- Zarząd Portu Morskiego Kołobrzeg Sp. z o.o.

- Przedsiębiorstwo Państwowe Polska Żegluga Morska Portugal - APDL - Administração dos Portos do Douro e Leixões, S.A., in accordance with Decreto-Lei nº 335/98 of 3 November 1998.

- APL - Administração do Porto de Lisboa, S.A., in accordance with Decreto-Lei nº 336/98 of 3 November 1998.

- APS - Administração do Porto de Sines, S.A., in accordance with Decreto-Lei nº 337/98 of 3 November 1998.

- APSS - Administração dos Portos de Setúbal e Sesimbra, S.A., in accordance with Decreto-Lei nº 338/98 of 3 November 1998.

- APA - Administração do Porto de Aveiro, S.A., in accordance with Decreto-Lei nº 339/98 of 3 November 1998.

- Instituto Portuário dos Transportes Marítimos, I.P. (IPTM, I.P.), in accordance with Decreto-Lei nº 146/2007, of 27 April 2007.

Romania - Compania Naţională "Administraţia Porturilor Maritime" SA Constanţa - Compania Naţională "Administraţia Canalelor Navigabile SA" - Compania Naţională de Radiocomunicaţii Navale "RADIONAV" SA - Regia Autonomă "Administraţia Fluvială a Dunării de Jos" - Compania Naţională "Administraţia Porturilor Dunării Maritime" - Compania Naţională "Administraţia Porturilor Dunării Fluviale" SA - Porturile: Sulina, Brăila, Zimnicea şi Turnul-Măgurele Slovenia Maritime ports wholly or partly owned by the State that provide a public economic service in accordance with the Pomorski Zakonik (Uradni list RS, 56/99). Mat. Ńt. Naziv Pońtna Ńt. Kraj

Mat. St.NazivPońtna Ńt.Kraj
5144353LUKA KOPER D.D.6000KOPER - CAPODISTRIA
5655170Sirio d.o.o.6000KOPER

Slovakia Entities operating non-public river ports for goods transport by authorization granted by a state authority, or entities established by a state authority to operate public ports on rivers, in accordance with Act No. 338/2000 Coll. as amended by Acts No. 57/2001 Coll. and No. 580/2003 Coll.

Finland - Ports operating in accordance with the Laki kunnallisista satamajärjestyksistä ja liikennemaksuista / lagen om kommunala hamnanordningar och trafikavgifter (955/1976) and ports established by license under Section 3 of laki yksityisistä yleisistä satamista / lagen om privata allmänna hamnar (1156/1994).

- Saimaan kanavan hoitokunta / Förvaltningsnämnden för Saima kanal.

Sweden Ports and terminals in accordance with Lagen (1983:293) om inrättande, utvidgning och avlysning av allmän farled och allmän hamn and förordningen (1983:744) om trafiken på Göta kanal United Kingdom - A local authority that exploits a geographical area for the purpose of providing maritime or river ports or other terminals to carriers by sea or inland waterways - A port authority within the meaning of section 57 of the Harbours Act 1964 - British Waterways Board - A port authority defined by section 38(1) of the Harbours Act (Northern Ireland) 1970

V. AIRPORT INSTALLATIONS

Belgium - Brussels International Airport Company - Belgocontrol - Luchthaven Antwerpen - Internationale Luchthaven Oostende-Brugge - Société Wallonne des Aéroports - Brussels South Charleroi Airport - Liège Airport Bulgaria Главна дирекция "Гражданска въздухоплавателна администрация" ДП "Ръководство на въздушното движение" Operators of civil airports for public use as determined by the Council of Ministers in accordance with Article 43, paragraph 3, of the Закона на гражданското въздухоплаване (обн., ДВ, бр.94/01.12.1972):

- "Летище София" ЕАД - "Фрапорт Туин Стар Еърпорт Мениджмънт" АД - "Летище Пловдив" ЕАД - "Letishte Ruse" EOOD - "Letishte Gorna Oryakhovitsa" EAD Czech Republic All contracting authorities in the sectors exploiting specific geographical areas for the purpose of supply and operation of airports (regulated by section 4, paragraph 1, letter i), of Act No. 137/2006 Coll. on Public Contracts, as amended).

Examples of contracting authorities:

- Česká správa letišť, s.p.

- Letiště Karlovy Vary s.r.o.

- Letiště Ostrava, a.s.

- Správa Letiště Praha, s. p.

Denmark - Airports operating on the basis of an authorization in accordance with Article 55, paragraph 1, of the Lov om luftfart, see Consolidation Act No. 731 of 21 June 2007.

Germany - Airports according to the definition of Article 38, paragraph 2, subparagraph 1, of the Luftverkehrs-Zulassungs-Ordnung of 19 June 1964, as amended on 5 January 2007.

Estonia - Entities subject to Article 10, paragraph 3, of the Public Procurement Act (RT I 21.02.2007, 15, 76) and Article 14 of the Competition Act (RT I 2001, 56 332) - AS Tallinna Lennujaam - Tallinn Airport GH AS Ireland - Airports of Dublin, Cork and Shannon operated by Aer Rianta -Irish Airports.

- Airports operating on the basis of an authorization granted in accordance with a public use license granted in accordance with the Irish Aviation Authority Act 1993 as amended by the Air Navigation and Transport (Amendment) Act, 1998, and in which regular air services are performed by aircraft for the public transport of passengers, mail or cargo.

Greece - 'Υπηρεσία Πολιτικής Αεροπορίας' ('ΥΠΑ'), operating in accordance with Legislative Decree No. 714/70, as amended by Law No. 1340/83; the organization of the company is established by Presidential Decree No. 56/89, as subsequently amended.

- The company 'Διεθνής Αερολιμένας Αθηνών' at Spata, operating in accordance with Legislative Decree No. 2338/95 Κύρωση Σύμβασης Ανάπτυξης του Νέου Διεθνούς Αεροδρομίου της Αθήνας στα Σπάτα, 'ίδρυση της εταιρείας 'Διεθνής Αερολιμένας Αθηνών Α.Ε.' έγκριση περιβαλλοντικών όρων και άλλες διατάξεις').

- 'Υπηρεσίες Διαχείρισης' in accordance with Presidential Decree No. 158/02 'Ίδρυση, καταστατικό, σκοπός, οργάνωση, διοίκηση, λειτουργία και στελέ- χωση πολιτικών αερολιμένων από φυσικά πρόσωπα, νομικά πρόσωπα ιδιωτικού δικαίου και Οργανισμούς Τοπικής Αυτοδιοίκησης' (Official Gazette of Greece Α 137) Spain - Public entity Aeropuertos Españoles y Navegación Aérea (AENA) France - Airports managed by state-owned companies in accordance with Articles L.251-1, L.260-1 and L.270-1 of the Code de l'aviation civile.

- Airports managed on the basis of a concession granted by the State in accordance with Article R.223-2 of the Code de l'aviation civile.

- Airports managed in accordance with an arrêté préfectoral portant autorisation d'occupation temporaire.

- Airports established by a public authority that are subject to a convention as set out in Article L.221-1 of the Code de l'aviation civile.

- Airports whose ownership has been transferred to regional or local authorities or to a group thereof in accordance with Loi n°2004-809 of 13 August 2004 relative aux libertés et responsabilités locales, particularly its Article 28:

- Aérodrome d'Ajaccio Campo-dell'Oro - Aérodrome d'Avignon - Aérodrome de Bastia-Poretta - Aérodrome de Beauvais-Tillé - Aérodrome de Bergerac-Roumanière - Aérodrome de Biarritz-Anglet-Bayonne - Aérodrome de Brest Bretagne - Aérodrome de Calvi-Sainte-Catherine - Aérodrome de Carcassonne en Pays Cathare - Aérodrome de Dinard-Pleurthuit-Saint-Malo - Aérodrome de Figari-Sud Corse - Aérodrome de Lille-Lesquin - Aérodrome de Metz-Nancy-Lorraine - Aérodrome de Pau-Pyrénées - Aérodrome de Perpignan-Rivesaltes - Aérodrome de Poitiers-Biard - Aérodrome de Rennes-Saint-Jacques - State-owned civil airports whose management has been granted to the Chambre de commerce et d'industrie (Article 7 of Loi n°2005-357 of 21 April 2005 relative aux aéroports and Décret n°2007-444 of 23 February 2007 relatif aux aérodromes appartenant à l'Etat).

- Aérodrome de Marseille-Provence - Aérodrome d'Aix-les-Milles et Marignane-Berre - Aérodrome de Nice Côte-d'Azur et Cannes-Mandelieu - Aérodrome de Strasbourg-Entzheim - Aérodrome de Fort-de France-le Lamentin - Aérodrome de Pointe-à-Pitre-le Raizet - Aérodrome de Saint-Denis-Gillot - Other state-owned civil airports excluded from the transfer to regional and local authorities in accordance with Decree No. 2005-1070 of 24 August 2005, as amended:

- Aérodrome de Saint-Pierre Pointe Blanche - Aérodrome de Nantes Atlantique et Saint-Nazaire-Montoir - Aéroports de Paris (Loi n°2005-357 of 20 April 2005 and Décret n°2005-828 of 20 July 2005) Italy - As of 1 January 1996, Legislative Decree No. 497 of 25 November 1995, relativo alla trasformazione dell'Azienda autonoma di assistenza al volo per il traffico aereo generale in ente pubblico economico, denominato ENAV, Ente nazionale di assistenza al volo, reconfirmed on several occasions and subsequently transformed into law, Legge No. 665 of 21 December 1996 has finally assumed the transformation of the entity into a corporate company (S.p.A) as of 1 January 2001.

- Managing entities governed by special laws.

- Entities operating airport installations on the basis of a concession granted in accordance with Article 694 of the Codice della navigazione, Regio Decreto No. 327 of 30 March 1942.

- Airport entities, including the managing companies SEA (Milan) and ADR (Fiumicino).

Cyprus Latvia - Valsts akciju sabiedrība "Latvijas gaisa satiksme" - Valsts akciju sabiedrība "Starptautiskā lidosta "Rīga"" - SIA "Aviasabiedrība "Liepāja"" Lithuania - State Enterprise Vilnius International Airport - State Enterprise Kaunas Airport - State Enterprise Palanga International Airport - State Enterprise "Oro navigacija" - Municipal Enterprise "Šiaulių oro uostas" - Other entities complying with the requirements of Article 70 (1, 2) of the Law on Public Procurement of the Republic of Lithuania (Official Gazette No. 84-2000, 1996; No. 4-102, 2006) and operating in the field of airport installations in accordance with the Law on Aviation of the Republic of Lithuania (Official Gazette No. 94-2918, 2000).

Luxembourg - Aéroport du Findel.

Hungary - Airports managed in accordance with Articles 162-163 of 2003. évi CXXIX. törvény a közbeszerzésekről and 1995. évi XCVII. törvény a légiközlekedésről.

- Budapest Ferihegy Nemzetközi Repülőtér managed by Budapest Airport Rt. On the basis of 1995. évi XCVII. törvény a légiközlekedésről and 83/2006. (XII. 13.) GKM rendelet a légiforgalmi irányító szolgálatot ellátó és a légiforgalmi szakszemélyzet képzését végző szervezetről.

Malta - L-Ajruport Internazzjonali ta' Malta (Malta International Airport) Netherlands Airports operating in accordance with Articles 18 et seq. of Luchtvaartwet. For example:

- Luchthaven Schiphol Austria - Entities authorized to provide airport services in accordance with the Luftfahrtgesetz, BGBl. 253/1957, as amended.

Poland - Public undertaking "Porty Lotnicze", operating on the basis of the Ustawa z dnia 23 października 1987 r. o przedsiębiorstwie państwowym "Porty Lotnicze" - Port Lotniczy Bydgoszcz S.A.

- Port Lotniczy Gdańsk Sp. z o.o.

- Górnośląskie Towarzystwo Lotnicze S.A. Międzynarodowy Port Lotniczy Katowice - Międzynarodowy Port Lotniczy im. Jana Pawła II Kraków - Balice Sp. z o.o.

- Lotnisko Łódź Lublinek Sp. z o.o.

- Port Lotniczy Poznań - Ławica Sp. z o.o.

- Port Lotniczy Szczecin - Goleniów Sp. z o.o.

- Port Lotniczy Wrocław S.A.

- Port Lotniczy im. Fryderyka Chopina w Warszawie - Port Lotniczy Rzeszów - Jasionka - Porty Lotnicze "Mazury- Szczytno" Sp. z o.o. w Szczytnie - Port Lotniczy Zielona Góra - Babimost Portugal - ANA - Aeroportos de Portugal, S.A., established in accordance with Decreto-Lei No 404/98 do 18 de Dezembro 1998 - NAV - Empresa Pública de Navegação Aérea de Portugal, E. P., established in accordance with Decreto-Lei No 404/98 do 18 de Dezembro 1998 - ANAM - Aeroportos e Navegação Aérea da Madeira, S. A., established in accordance with Decreto-Lei No. 453/91 do 11 de Dezembro 1991.

Romania - Compania Naţională "Aeroporturi Bucureşti" SA - Societatea Naţională "Aeroportul Internaţional Mihail Kogălniceanu-Constanţa" - Societatea Naţională "Aeroportul Internaţional Timişoara-Traian Vuia"-SA - Regia Autonomă "Administraţia Română a Serviciilor de Trafic Aerian ROMAT SA - Aeroporturile aflate în subordinea Consiliilor Locale - SC Aeroportul Arad SA - Regia Autonomă Aeroportul Bacău - Regia Autonomă Aeroportul Baia Mare - Regia Autonomă Aeroportul Cluj Napoca - Regia Autonomă Aeroportul Internaţional Craiova - Regia Autonomă Aeroportul Iaşi - Regia Autonomă Aeroportul Oradea - Regia Autonomă Aeroportul Satu-Mare - Regia Autonomă Aeroportul Sibiu - Regia Autonomă Aeroportul Suceava - Regia Autonomă Aeroportul Târgu Mureş - Regia Autonomă Aeroportul Tulcea - Regia Autonomă Aeroportul Caransebeş Slovenia Public civil airports operating in accordance with the Zakon o letalstvu (Uradnilist RS, 18/01)

Mat. St.NazivPoštna Št.Kraj
15894234. Letalski Center Cerklje Ob Krki8263Cerklje Ob Krki
1913301Kontrola Zračnega Prometa D.O.O.1000Ljubljana
5142768Aerodrom Ljubljana D.D.4210Brnik-Aerodrom
5500494Aerodrom Portorož, D.O.O6333Sečovlje - Sicciole

Slovakia Entities operating airports on the basis of consent granted by the state authority and entities offering air telecommunications services in accordance with Act No. 143/1998 Coll. as amended by Acts No. 57/2001 Coll., No. 37/2002 Coll., No. 136/2004 Coll. and No. 544/2004 Coll.

For example:

- Letisko M. R. Štefánika, a.s., Bratislava - Letisko Poprad - Tatry, a.s.

- Letisko Košice, a.s.

Finland Airports managed by "Ilmailulaitos Finavia/Luftfartsverket Finavia", or by a municipal undertaking or a public undertaking in accordance with the Ilmailulaki/luftfartslagen (1242/2005) and the Laki Ilmailulaitoksesta/lag om Luftfartsverket (1245/2005).

Sweden - Publicly owned airports managed in accordance with the luftfartslagen (1957:297) - Privately owned airports and managed with an operating license under this act, when the license corresponds to the criterion of Article 2, paragraph 3, of the Directive.

United Kingdom - A local authority exploiting a geographical area for the purpose of providing airport services or other terminal services to air carriers.

- An airport operator within the scope of the Airports Act 1986 managing an airport subject to economic regulation under Part IV of said Act.

- Highland and Islands Airports Limited - An airport operator within the scope of the Airports (Northern Ireland) Order 1994 - BAA Ltd.

VI. RAILWAY SERVICES

Belgium - SNCB Holding/NMBS Holding - Société nationale des Chemins de fer belges//Nationale Maatschappij der Belgische Spoorwegen - Infrabel Bulgaria - Национална компания 'Железопътна инфраструктура' - 'Български държавни железници' ЕАД - 'БДЖ - Пътнически превози' ЕООД - 'БДЖ - Тягов подвижен състав (Локомотиви)' ЕООД - 'БДЖ - Товарни превози' ЕООД - 'Българска Железопътна Компания' АД - 'Булмаркет - ДМ' ООД Czech Republic All contracting entities in the sectors providing services in the field of railway services defined in section 4, paragraph 1, letter f), of Act No. 137/2006 Coll. on public contracts, as amended.

Examples of contracting authorities:

- ČD Cargo, a.s.

- České dráhy, a.s - Správa železniční dopravní cesty, státní organizace Denmark - DSB - DSB S-tog A/S - Metroselskabet I/S Germany - Deutsche Bahn AG - Other companies providing railway services to the public in accordance with Article 2, paragraph 1, of the Allgemeines Eisenbahngesetz of 27 December 1993, as amended on 26 February 2008.

Estonia - Entities operating in accordance with Article 10, paragraph 3, of the Public Procurement Act (RT I 21.2.2007, 15, 76) and Article 14 of the Competition Act (RT I 2001, 56 332).

- AS Eesti Raudtee - AS Elektriraudtee Ireland - Iarnród Éireann [Irish Rail] - Railway Procurement Agency Greece - 'Οργανισμός Σιδηροδρόμων Ελλάδος Α.Ε.' ('Ο.Σ.Ε. Α.Ε.'), in accordance with Law No. 2671/98 - 'ΕΡΓΟΣΕ Α.Ε.' in accordance with Law No. 2366/95 Spain - Public entity Administración de Infraestructuras Ferroviarias (ADIF) - Red Nacional de los Ferrocarriles Españoles (RENFE) - Ferrocarriles de Vía Estrecha (FEVE) - Ferrocarrils de la Generalitat de Catalunya (FGC) - Eusko Trenbideak (Bilbao) - Ferrocarrils de la Generalitat Valenciana. (FGV) - Serveis Ferroviaris de Mallorca (Ferrocarriles de Mallorca) - Ferrocarril de Soller - Funicular de Bulnes France - Société nationale des chemins de fer français and other railway networks open to the public, referred to by Loi d'orientation des transports intérieurs No. 82-1153 of 30 December 1982, Title II, Chapter 1.

- Réseau ferré de France, state-owned company created by Law No. 97-135 of 13 February 1997.

Italy - Ferrovie dello Stato S. p. A. including the Società partecipate - Entities, companies and undertakings providing railway services on the basis of a concession in accordance with Article 10 of Royal Decree No. 1447 of 9 May 1912, approving the consolidated text of the laws on le ferrovie concesse all'industria privata, le tramvie a trazione meccanica e gli automobili - Entities, companies and undertakings providing railway services on the basis of a concession in accordance with Article 14 of Law No. 410 of 4 June 1949 - Concorso dello Stato per la riattivazione dei pubblici servizi di trasporto in concessione.

- Entities, companies and undertakings providing railway services or local authorities providing railway services on the basis of a concession in accordance with Article 14 of Law No. 1221 of 2 August 1952 - Provvedimenti per l'esercizio ed il potenziamento di ferrovie e di altre linee di trasporto in regime di concessione.

- Entities, companies and undertakings providing public transport service, in accordance with Articles 8 and 9 of Legislative Decree No. 422 of 19 November 1997 - Conferimento alle regioni ed agli enti locali di funzioni e compiti in materia di trasporto pubblico locale, a norma dell'articolo 4, comma 4, Della L. 15 marzo 1997, n. 9 - as amended by Legislative Decree No. 400 of 20 September 1999, and by Article 45 of Legge No. 166 of 1 August 2002.

Cyprus Latvia - Valsts akciju sabiedrība 'Latvijas dzelzceļš' - Valsts akciju sabiedrība 'Vaiņodes dzelzceļš' Lithuania - Akcinė bendrovė 'Lietuvos geležinkeliai' - Other entities complying with the requirements of Article 70, paragraphs 1 and 2, of the Law on Public Procurement of the Republic of Lithuania (Official Gazette No. 84-2000, 1996; No. 4-102, 2006) and operating railway services in accordance with the Railway Transport Code of the Republic of Lithuania (Official Gazette No. 72-2489, 2004).

Luxembourg - Chemins de fer luxembourgeois (CFL) Hungary - Entities providing railway transport service to the public in accordance with Articles 162-163 of 2003. évi CXXIX. törvény a közbeszerzésekről and 2005. évi CLXXXIII. törvény a vasúti közlekedésről and on the basis of an authorization in accordance with 45/2006. (VII. 11.) GKM rendelet a vasúti társaságok működésének engedélyezéséről.

For example:

- Magyar Államvasutak (MÁV) Malta Netherlands - Contracting entities in the field of railway services. For example:

- Nederlandse Spoorwegen - ProRail Austria - Österreichische Bundesbahn - Schieneninfrastrukturfinanzierungs-Gesellschaft mbH and - Entities authorized to provide airport services in accordance with the Luftfahrtgesetz, BGBl. 60/1957, as amended.

Poland - Entities providing railway transport services, operating on the basis of the Ustawa o komercjalizacji, restrukturyzacji i prywatyzacji przedsiębiorstwa państwowego 'Polskie Koleje Państwowe' z dnia 8 września 2000 r.; including among others:

- PKP Intercity Sp. z o.o.

- PKP Przewozy Regionalne Sp. z o.o.

- PKP Polskie Linie Kolejowe S.A.

- 'Koleje Mazowieckie - KM' Sp. z o.o.

- PKP Szybka Kolej Miejska w Trójmieście Sp. z o.o.

- PKP Warszawska Kolej Dojazdowa Sp. z o.o.

Portugal - CP - Caminhos de Ferro de Portugal, E.P., in accordance with Decreto-Lei No 109/77 do 23 de Março 1977 - REFER, E.P., in accordance with Decreto-Lei No 104/97 do 29 de Abril 1997 - RAVE, S.A., in accordance with Decreto-Lei No 323-H/2000 do 19 de Dezembro 2000 - Fertagus, S.A., in accordance with Decreto-Lei 78/2005, do 13 de Abril - Public authorities and public undertakings providing railway services in accordance with Lei No. 10/90 do 17 de Março 1990.

- Private companies providing railway services in accordance with Lei No. 10/90 do 17 de Março 1990, when they have special or exclusive rights.

Romania - Compania Naţională Căi Ferate - CFR - Societatea Naţională de Transport Feroviar de Marfă 'CFR - Marfă', - Societatea Naţională de Transport Feroviar de Călători 'CFR - Călători' Slovenia

Mat. St.NazivPoštna Št.KRAJ
5142733Slovenske železnice, d. o. o.1000LJUBLJANA

Slovakia - Entities operating railways and cableways and facilities related thereto in accordance with Act No. 258/1993 Coll. as amended by Acts No. 152/1997 Coll. and No. 259/2001 Coll.

- Entities that are carriers offering railway transport service to the public under Act No. 164/1996 Coll. as amended by Acts No. 58/1997 Coll., No. 260/2001 Coll., No. 416/2001 Coll. and No. 114/2004 Coll. and on the basis of Government Decree No. 662 of 7 July 2004.

For example:

- Železnice Slovenskej republiky, a.s.

- Železničná spoločnosť Slovensko, a.s.

Finland - VR Osakeyhtiö//VR Aktiebolag Sweden - Public entities for railway services in accordance with järnvägslagen (2004:519) and järnvägsförordningen (2004:526).

- Regional and local public entities operating regional or local railway communications in accordance with the Lagen (1997:734) om ansvar för viss kollektiv persontrafik.

- Private entities operating railway services in accordance with an authorization granted under förordningen (1996:734) om statens spåranläggningar, when such authorizations are consistent with Article 2(3) of Directive 2004/17/EC.

United Kingdom - Network Rail plc - Eurotunnel plc - Northern Ireland Transport Holding Company - Northern Ireland Railways Company Limited - Railway service providers operating on the basis of special or exclusive rights granted by the Department of Transport or any other competent authority.

SERVICES COVERED BY TITLE V OF PART IV OF THIS AGREEMENT A. LIST OF COSTA RICA The Title applies to all services procured by the entities listed in Sections A, B and C, subject to the notes to the respective sections and Section F, except for the services excluded in this section. All services covered by this section are subject to the lists of commitments on establishment, cross-border supply of services, key personnel and graduate trainees (titulados en prácticas) and business services sellers.

The Title does not apply to the procurement of the following services, according to the classification of the United Nations Central Product Classification 1.0 (CPC version 1.0):

1. Research and Development Division 81, Research and Development Services 2. Administration of Government-owned facilities (administrative facilities and service buildings, airfields, communications, and missile installations, educational buildings, hospital buildings, industrial buildings, residential buildings, warehouses, research and development buildings, other buildings, highways, roads, streets, bridges and railways, electric power generation buildings, public utilities and other non-building facilities) 3. Lottery Management and Distribution Class 9692, Gambling and betting services 4. Public Services Division 69, Electricity Distribution Services; gas and water distribution services through mains Division 91, Public administration and other services to the community as a whole; Compulsory social security services Division 92, Education Services (public education) Division 93, Health and Social Services.

B. LIST OF EL SALVADOR The Title applies to all services procured by entities listed in Sections A, B and C, subject to the notes to the respective sections and Section F, except for the services excluded in this section. All services covered by this section are subject to the lists of commitments on establishment, cross-border supply of services, key personnel and graduate trainees (titulados en prácticas) and business services sellers.

C. LIST OF GUATEMALA The Title applies to all services procured by the entities listed in Sections A, B and C, subject to the notes to the respective sections and Section F, except for the services excluded in this section. All services covered by this section are subject to the lists of commitments on establishment, cross-border supply of services, key personnel and graduate trainees (titulados en prácticas) and business services sellers.

The Title does not apply to the procurement of the following services, according to the classification of the United Nations Central Product Classification 1.0 (CPC version 1.0):

1. Public Services Division 69, Electricity Distribution Services; Gas and Water through mains.

Division 91, Public administration and other services to the community as a whole; Compulsory social security services Division 92, Education Services (public education).

Division 93, Health and Social Services.

Division 94, Sewage and Refuse Disposal, Sanitation and other Environmental Services.

2. Individual Professional Services (the Title does not apply to the procurement of persons, for defined periods, who provide a professional service, provided such procurements are not used to evade the obligations of this Title).

D. LIST OF HONDURAS The Title applies to all services procured by entities listed in Sections A, B and C, subject to the notes to the respective sections and Section F, except for the services excluded in this section. All services covered by this section are subject to the lists of commitments on establishment, cross-border supply of services, key personnel and graduate trainees (titulados en prácticas) and business services sellers.

The Title does not apply to the following services, indicated in the United Nations Central Product Classification 1.0 (CPC ver. 1.0):

1. CPC 64, Land Transport Services 2. CPC 66, Air Transport Services 3. CPC 69, Electricity, Gas and Water Distribution Services through mains.

E. LIST OF NICARAGUA The Title applies to all services procured by the entities listed in Sections A, B and C, subject to the notes to the respective sections and Section F, except for the services excluded in this section. All services covered by this section are subject to the lists of commitments on establishment, cross-border supply of services, key personnel and graduate trainees (titulados en prácticas) and business services sellers.

The Title does not apply to the procurement of the following services:

Operation of Government-owned facilities (administrative facilities and service buildings, airfields, communications, and missile installations, educational buildings, hospital buildings, industrial buildings, residential buildings, buildings for warehouses, research and development installations, other buildings, conservation and development installations, highways, roads, streets, bridges and railways, electric power generation installations, public utilities and other non-building installations).

The Title does not apply to the procurement of the following services, classified according to the United Nations Central Product Classification 1.0 (CPC ver. 1.0):

Public Services Division 81, Research and development services Division 83, Other professional, scientific and technical services Division 69, Electricity distribution services, gas and water distribution services through pipes Division 91, Public administration and other services to the community as a whole; compulsory social security services Division 92, Education Services (public education) Division 93, Health and social services Division 94, Sewage and refuse disposal services, sanitation and similar services.

F. LIST OF PANAMA The Title applies to all services procured by the entities listed in Sections A, B and C, subject to the notes to the respective sections and Section F, except for the services excluded in this section. All services covered by this Section are subject to the lists of commitments on establishment, cross-border supply of services, key personnel and graduate trainees (titulados en prácticas) and business services sellers.

The Title does not apply to the procurement of the following services, as detailed in the United Nations Central Product Classification (CPC ver. 1.0):

CPC Code version 1.0. Description 64 Land transport services.

66 Air transport services.

6751 Bus station services.

6781 Travel agency and tour operator services.

68111 Postal services: letters 68112 Postal services: parcels 68113 Post office counter services 68119 Other postal services 6911 Electrical distribution and transmission services 692 Water distribution services through pipes 81 Research and development services.

91 Public Administration services and other services to the community as a whole; Compulsory social security services 92 Education Services 93 Health and Security Services 9692 Gambling and betting services 84 Telecommunications services; information retrieval and supply services G. LIST OF THE EU PARTY From the Universal List of Services, contained in document MTN.GNS/W/120, the following services are included *:

Subject CPC Reference No.

Maintenance and Repair Services Land transport services, including armoured vehicles, and courier services, except transport of mail Air transport service of passengers and freight, except transport of mail Transport of mail by land, except by rail, and by air Telecommunications services Financial services a) Insurance services 812, 814 b) Banking and investment services*** Computer and related services Accounting, auditing and bookkeeping services Market research and public opinion polling services Management consulting and related services Architectural services, engineering services and integrated engineering services; urban planning and landscape architectural services; related scientific and technical consulting services; technical testing and analysis services Advertising services Building-cleaning and property management services Publishing and printing services, on a fee or contract basis Sewage and refuse disposal, sanitation and similar services 6112, 6122, 633, 886 712 (except 71235), 7512, 87304 73 (except 7321) 71235, 7321 752 ** (except 7524, 7525 and 7526) except 81 84 862 864 865, 866**** 867 871 874, 82201 to 82206 88442 94 Notes 1. *Except services that entities must procure from another entity pursuant to an exclusive right established by a published law, regulation or administrative provision.

2. **Except voice telephony, telex, radiotelephony, paging and satellite communication services 3. *** - Except 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 government loans and bonds, notes and other securities.

- In Sweden, payments to and from government agencies will be processed through the Swedish Postal Giro System (Postgiro).

4. **** Except arbitration and conciliation services.

CONSTRUCTION SERVICES A. LIST OF COSTA RICA Title V of Part IV of this Agreement applies to all construction services procured by the entities listed in Sections A, B, and C, subject to the notes of the respective sections and Section F. All construction services covered by this section are subject to the lists of commitments on establishment, cross-border supply of services, key personnel and graduate trainees (apprentices), and sellers of commercial services.

B. LIST OF EL SALVADOR Title V of Part IV of this Agreement applies to all construction services procured by the entities listed in Sections A, B, and C, subject to the notes of the respective sections and Section F. All construction services covered by this section are subject to the lists of commitments on establishment, cross-border supply of services, key personnel and graduate trainees (apprentices), and sellers of commercial services.

C. LIST OF GUATEMALA Title V of Part IV of this Agreement applies to all construction services procured by the entities listed in Sections A, B, and C, subject to the notes of the respective sections and Section F. All construction services covered by this section are subject to the lists of commitments on establishment, cross-border supply of services, key personnel and graduate trainees (apprentices), and sellers of commercial services.

D. LIST OF HONDURAS Title V of Part IV of this Agreement applies to all construction services procured by the entities listed in Sections A, B, and C, subject to the notes of the respective sections and Section F. All construction services covered by this section are subject to the lists of commitments on establishment, cross-border supply of services, key personnel and graduate trainees (apprentices), and sellers of commercial services.

E. LIST OF NICARAGUA Title V of Part IV of this Agreement applies to all construction services procured by the entities listed in Sections A, B, and C, subject to the notes of the respective sections and Section F. All construction services covered by this section are subject to the lists of commitments on establishment, cross-border supply of services, key personnel and graduate trainees (apprentices), and sellers of commercial services.

F. LIST OF PANAMA Title V of Part IV of this Agreement applies to all construction services procured by the entities listed in Sections A, B, and C, subject to the notes of the respective sections and Section F. All construction services covered by this section are subject to the lists of commitments on establishment, cross-border supply of services, key personnel and graduate trainees (apprentices), and sellers of commercial services.

G. LIST OF THE EU PARTY A construction services contract is a contract whose object is the execution of public works or the construction of buildings, by whatever means, according to Division 51 of the Central Product Classification.

List of CPC Division 51:

All services listed in Division 51.

| Group | Class | Subclass | Title | ISIC Correspondence | | --- | --- | --- | --- | --- | | 511 | | | Pre-building work on construction sites | | | | 5111 | 51110 | Site investigation work | 4510 | | | 5112 | 51120 | Demolition work | 4510 | | | 5113 | 51130 | Site clearance and preparation work | 4510 | | | 5114 | 51140 | Excavation and earthmoving work | 4510 | | | 5115 | 51150 | Site preparation work for mining | 4510 | | | 5116 | 51160 | Scaffolding work | 4520 | | 512 | | | Construction works for buildings | | | | 5121 | 51210 | For one and two dwellings | 4520 | | | 5122 | 51220 | For multiple dwellings | 4520 | | | 5123 | 51230 | For warehouses and industrial buildings | 4520 | | | 5124 | 51240 | For commercial buildings | 4520 | | | 5125 | 51250 | For public entertainment buildings | 4520 | | | 5126 | 51260 | For hotels, restaurants and similar buildings | 4520 | | | 5127 | 51270 | For educational buildings | 4520 | | | 5128 | 51280 | For health buildings | 4520 | | | 5129 | 51290 | For other buildings | 4520 | | 513 | | | Civil engineering construction works | | | | 5131 | 51310 | For highways (except elevated highways), streets, roads, railways and airfield runways | 4520 | | | 5132 | 51320 | For bridges, elevated highways, tunnels and subways | 4520 | | | 5133 | 51330 | For waterways, harbours, dams and other water works | 4520 | | | 5134 | 51340 | For long-distance pipelines, communication and electric power lines (cabling) | 4520 | | | 5135 | 51350 | For local pipelines and cabling, ancillary works | 4520 | | | 5136 | 51360 | For constructions for mining and manufacturing | 4520 | | | 5137 | | For sport and recreation constructions | | | | | 51371 | For stadia and sports grounds | 4520 | | | | 51372 | For other sport and recreation installations (such as swimming pools, tennis courts or golf courses) | 4520 | | | 5139 | 51390 | For engineering works not elsewhere classified | 4520 | | 514 | 5140 | 51400 | Assembly and erection of prefabricated constructions | 4520 | | 515 | | | Special trade construction work | | | | 5151 | 51510 | Foundation work, including pile driving | 4520 | | | 5152 | 51520 | Water well drilling | 4520 | | | 5153 | 51530 | Roofing and waterproofing | 4520 | | | 5154 | 51540 | Concrete work | 4520 | | | 5155 | 51550 | Steel bending and erection (including welding) | 4520 | | | 5156 | 51560 | Masonry work | 4520 | | | 5159 | 51590 | Other special trade construction work | 4520 | | 516 | | | Installation work | | | | 5161 | 51610 | Heating, ventilation and air conditioning work | 4530 | | | 5162 | 51620 | Water plumbing and drain laying work | 4530 | | | 5163 | 51630 | Gas fitting construction work | 4530 | | | 5164 | | Electrical work | | | | | 51641 | Electrical wiring fitting work | 4530 | | | | 51642 | Fire alarm construction work | 4530 | | | | 51643 | Burglar alarm construction work | 4530 | | | | 51644 | Residential antenna construction work | 4530 | | | | 51649 | Other electrical construction work | 4530 | | | 5165 | 51650 | Insulation work (electrical wiring, water, heating, sound) | 4530 | | | 5166 | 51660 | Fencing and railing construction work | 4530 | | | 5169 | | Other installation work | | | | | 51691 | Elevator and escalator construction work | 4530 | | | | 51699 | Other installation work not elsewhere classified | 4530 | | 517 | | | Building completion and finishing work | | | | 5171 | 51710 | Glazing and window glass installation work | 4540 | | | 5172 | 51720 | Plastering work | 4540 | | | 5173 | 51730 | Painting work | 4540 | | | 5174 | 51740 | Floor and wall tiling work | 4540 | | | 5175 | 51750 | Other floor laying, wall covering and wall papering work | 4540 | | | 5176 | 51760 | Wood and metal work and joinery | 4540 | | | 5177 | 51770 | Interior decoration work | 4540 | | | 5178 | 51780 | Ornamentation work | 4540 | | | 5179 | 51790 | Other building completion and finishing work | 4540 | | 518 | 5180 | 51800 | Renting services related to equipment for construction or demolition of buildings or civil engineering works, with operator | 4550 |

GENERAL NOTES A. LIST OF COSTA RICA Unless otherwise specified, the following general notes apply without exception to Title V of Part IV of this Agreement, and include all sections of this Appendix.

1. Use of supplier lists:

The entities listed in Sections A, B and C of this Appendix may use a supplier list, in accordance with the provisions of Article 215.

2. Restricted tendering:

The contracting entities listed in Sections A, B and C may award contracts by restricted tendering in the following circumstances, in addition to those listed in Article 220:

  • a)if strictly necessary due to unforeseeable and unavoidable events for the contracting entity, such as natural disasters, and involving a high degree of public interest such as health and safety, duly proven; b) if these contracts relate to sensitive matters concerning national security; c) if these contracts are concluded to obtain urgent legal advice in specific legal proceedings; d) if these contracts relate to conciliation and arbitration services, and e) if these contracts relate to the construction and establishment of government offices located abroad, as well as the hiring of foreign natural persons or legal representation abroad.

3. Specific exclusions:

  • a)Title V of Part IV of this Agreement does not apply to the procurement by a Costa Rican entity of a good or service obtained or acquired from another Costa Rican entity.
  • b)For a period not exceeding five years from the entry into force of this Agreement, the provisions of Article 213, Article 218, Appendix 4 and Appendix 6, shall not apply to procurements awarded under framework agreements (convenios marco)1.

1 Within the meaning of Article 115 of Decreto Ejecutivo 33411-H of 27 September 2006, Reglamento a la Ley de Contratación Administrativa.

  • c)The provisions of Appendix 6 shall not apply to the entities listed in Section B of this Appendix.
  • d)When the entities covered in this Appendix require that other persons or entities that have obtained their rights through a procurement procedure contract on their behalf, the principles set out in Article 211 shall apply instead of the specific provisions of Article 210, paragraph 4. This provision does not apply to a procurement carried out by a central purchasing body on behalf of a covered entity. This provision shall not be understood as a means to modify or rectify the mutually agreed coverage in this Agreement between Costa Rica and the EU Party, governed by the provisions of Article 226.
  • e)Title V of Part IV of this Agreement shall not apply to government programs in favour of MIPYME.

4. Threshold adjustment:

When the threshold value of a covered procurement applied among the Republics of the CA Party is higher than the corresponding threshold level of Title V of Part IV of this Agreement, the Republics of the CA Party shall adjust the corresponding threshold value in this Title to grant the goods, services and suppliers of the EU Party the same treatment as they grant to their own goods, services and suppliers. The Republics of the CA Party shall make available to the EU Party through the single regional access point, or shall notify the EU Party through the Association Committee, any adjustment made in accordance with this paragraph.

The Republics of the CA Party shall convert the thresholds of this Title to their respective national currency every two years. Each adjustment shall enter into force on 1 January, starting from January 2012. Except in the cases of El Salvador and Panama, the conversion shall be based on the official exchange rate of their central bank, using the average of the daily values of their currency in terms of the United States dollar, within the two-year period ending on 30 September of the year preceding the year in which the adjustment made by the Republics of the CA Party will take effect.

B. LIST OF EL SALVADOR Unless otherwise specified, the following general notes apply without exception to Title V of Part IV of this Agreement, and include all sections of this Appendix.

1. Specific exclusion: Title V of Part IV of this Agreement does not apply to the procurement by a Salvadoran entity of a good or service obtained or acquired from another Salvadoran entity.

2. Title V of Part IV of this Agreement applies to all goods procured by the entities listed in Sections A, B and C of this Appendix, subject to the notes of the respective sections and to Section F.

3. The contracting entities listed in Sections A, B and C may use supplier lists.

4. Threshold adjustment:

When the threshold value of a covered procurement applied among the Republics of the CA Party is higher than the corresponding threshold level of Title V of Part IV of this Agreement, the Republics of the CA Party shall adjust the corresponding threshold value in this Title to grant the goods, services and suppliers of the EU Party the same treatment as they grant to their own goods, services and suppliers. The Republics of the CA Party shall make available to the EU Party through the single regional access point, or shall notify the EU Party through the Association Committee, any adjustment made in accordance with this paragraph.

The Republics of the CA Party shall convert the thresholds of this Title to their respective national currency every two years. Each adjustment shall enter into force on 1 January, starting from January 2012. Except in the cases of El Salvador and Panama, the conversion shall be based on the official exchange rate of their central bank, using the average of the daily values of their currency in terms of the United States dollar, within the two-year period ending on 30 September of the year preceding the year in which the adjustment made by the Republics of the CA Party will take effect.

C. LIST OF GUATEMALA Unless otherwise specified, the following general notes apply without exception to Title V of Part IV of this Agreement, and include all sections of this Appendix.

1. Title V of Part IV of this Agreement shall not apply to the procurement by a Guatemalan entity of a good or service obtained or acquired from another Guatemalan entity.

2. Title V of Part IV of this Agreement does not apply to the acquisition of material banks intended for the construction of public works.

3. Title V of Part IV of this Agreement does not apply to the exceptions established in Article 44 of the Ley de Contrataciones del Estado, Decreto nº 57-92 of the Congress of the Republic of Guatemala and its amendments.

4. When the entities covered by Sections A, B and C require that other persons or entities that have obtained that right through a procurement procedure contract on their behalf, the principles of Title V of Part IV of this Agreement, included in Article 211, shall apply instead of the specific provisions of Article 210, paragraph 4.

5. The contracting entities listed in Sections A, B and C may award contracts by restricted tendering in the following circumstances, in addition to the circumstances listed in Article 220, if these contracts are concluded to urgently obtain legal advice in certain legal proceedings or if they relate to conciliation and arbitration services.

6. The contracting entities listed in Sections A, B and C may use supplier lists.

1. Threshold adjustment:

When the threshold value of a covered procurement applied among the Republics of the CA Party is higher than the corresponding threshold level of Title V of Part IV of this Agreement, the Republics of the CA Party shall adjust the corresponding threshold value in this Title to grant the goods, services and suppliers of the EU Party the same treatment as they grant to their own goods, services and suppliers. The Republics of the CA Party shall make available to the EU Party through the single regional access point, or shall notify the EU Party through the Association Committee, any adjustment made in accordance with this paragraph.

The Republics of the CA Party shall convert the thresholds of this Title to their respective national currency every two years. Each adjustment shall enter into force on 1 January, starting from January 2012. Except in the cases of El Salvador and Panama, the conversion shall be based on the official exchange rate of their central bank, using the average of the daily values of their currency in terms of the United States dollar, within the two-year period ending on 30 September of the year preceding the year in which the adjustment made by the Republics of the CA Party will take effect.

D. LIST OF HONDURAS Unless otherwise specified, the following general notes apply without exception to Title V of Part IV of this Agreement, and include all sections of this Appendix.

1. Title V of Part IV of this Agreement shall take effect between the European Union and Honduras one year after the entry into force of this Agreement. In the following two years (that is, during the second and third years following the entry into force of this Agreement) the transitional threshold value established in the corresponding sections of this Appendix shall apply.

2. Title V of Part IV of this Agreement shall not apply to the procurement by a Honduran entity of a good or service obtained or acquired from another Honduran entity.

3. Threshold adjustment:

When the threshold value of a covered procurement applied among the Republics of the CA Party is higher than the corresponding threshold level of Title V of Part IV of this Agreement, the Republics of the CA Party shall adjust the corresponding threshold value in this Title to grant the goods, services and suppliers of the EU Party the same treatment as they grant to their own goods, services and suppliers. The Republics of the CA Party shall make available to the EU Party through the single regional access point, or shall notify the EU Party through the Association Committee, any adjustment made in accordance with this paragraph.

The Republics of the CA Party shall convert the thresholds of this Title to their respective national currency every two years. Each adjustment shall enter into force on 1 January, starting from January 2012. Except in the cases of El Salvador and Panama, the conversion shall be based on the official exchange rate of their central bank, using the average of the daily values of their currency in terms of the United States dollar, within the two-year period ending on 30 September of the year preceding the year in which the adjustment made by the Republics of the CA Party will take effect.

E. LIST OF NICARAGUA Unless otherwise specified, the following general notes apply without exception to Title V of Part IV of this Agreement, and include all sections of this Appendix.

1. Use of the supplier list:

The entities listed in Sections A, B and C of this Appendix may use supplier lists.

2. Restricted procurement :

The contracting entities listed in Sections A, B and C may award contracts by restricted procurement in the following circumstances, in addition to those listed in Article 220.

procurements between municipalities, between municipalities and the municipal sector, and between municipalities and the public sector.

3. Other exceptions:

  • a)Title V of Part IV of this Agreement shall not apply to the procurement by a Nicaraguan entity of a good or service obtained or acquired from another Nicaraguan entity.
  • b)Title V of Part IV of this Agreement shall not apply to agreements with other States or with subjects of public international law.
  • c)Title V of Part IV of this Agreement shall not apply to government programs in favour of MIPYME.
  • d)Title V of Part IV of this Agreement does not apply to procurements carried out by companies with public participation in which the private sector holds more than 50% of the share capital.
  • e)Title V of Part IV of this Agreement shall not apply to procurements carried out within the framework of programs or initiatives to improve the quality of life of the population, especially those living in poverty and extreme poverty, such as the "Hambre Cero" program and the "Usura Cero" program.
  • f)Title V of Part IV of this Agreement applies only to acquisitions financed with funds from the general budget of the Republic.
  • g)Title V of Part IV of this Agreement does not apply to procurement carried out for purposes of public interest and national security.
  • h)Title V of Part IV of this Agreement does not apply to procurements carried out by or for the Nicaraguan Army and/or the National Police.

4. Transition:

For a period of three years from the entry into force of this Agreement, Nicaragua shall apply the time periods established in its national legislation, in accordance with the following:

  • a)Public tendering procedures: at least thirty days for the submission of bids; and at least seven working days for selective tendering procedures.
  • b)Nicaragua shall grant at least three working days for suppliers to prepare and submit a challenge in writing.

5. Threshold adjustment:

When the threshold value of a covered procurement applied among the Republics of the CA Party is higher than the corresponding threshold level of Title V of Part IV of this Agreement, the Republics of the CA Party shall adjust the corresponding threshold value in this Title to grant the goods, services and suppliers of the EU Party the same treatment as they grant to their own goods, services and suppliers. The Republics of the CA Party shall make available to the EU Party through the single regional access point, or shall notify the EU Party through the Association Committee, any adjustment made in accordance with this paragraph.

The Republics of the CA Party shall convert the thresholds of this Title to their respective national currency every two years. Each adjustment shall enter into force on 1 January, starting from January 2012. Except in the cases of El Salvador and Panama, the conversion shall be based on the official exchange rate of their central bank, using the average of the daily values of their currency in terms of the United States dollar, within the two-year period ending on 30 September of the year preceding the year in which the adjustment made by the Republics of the CA Party will take effect.

F. LIST OF PANAMA Unless otherwise specified, the following general notes apply without exception to Title V of Part IV of this Agreement, and include all sections of this Appendix.

1. Specific exclusions:

  • a)procurement carried out under the system of concessions granted by the State, other than public works concession contracts; b) procurement for the issuance of banknotes, coins, tax or postage stamps; c) procurement of agricultural products related to rural development and support and food aid programs; d) procurement carried out by a Panamanian entity from another Panamanian entity; and e) procurement of transportation services that form part of, or are related to, an acquisition contract.

2. Threshold adjustment:

When the threshold value of a covered procurement applied among the Republics of the CA Party is higher than the corresponding threshold level of Title V of Part IV of this Agreement, the Republics of the CA Party shall adjust the corresponding threshold value in this Title to grant the goods, services and suppliers of the EU Party the same treatment as they grant to their own goods, services and suppliers. The Republics of the CA Party shall make available to the EU Party through the single regional access point, or shall notify the EU Party through the Association Committee, any adjustment made in accordance with this paragraph.

The Republics of the CA Party shall convert the thresholds of this Title to their respective national currency every two years. Each adjustment shall enter into force on 1 January, starting from January 2012. Except in the cases of El Salvador and Panama, the conversion shall be based on the official exchange rate of their central bank, using the average of the daily values of their currency in terms of the United States dollar, within the two-year period ending on 30 September of the year preceding the year in which the adjustment made by the Republics of the CA Party will take effect.

G. LIST OF THE EU PARTY A. General notes:

1. Title V of Part IV of this Agreement does not apply to:

- The procurement of agricultural products carried out for the promotion of agricultural support programs and human feeding programs (e.g., food aid, including urgent relief), and - Procurements for the acquisition, development, production or co-production of program material by broadcasters and contracts for broadcasting time.

2. Contracts awarded by contracting entities covered under Sections A and B in relation to activities in the drinking water, energy, transport and the postal sector are not covered by Title V of Part IV of this Agreement, unless they are covered in Section C.

3. Finland reserves its position regarding the application of Title V of Part IV of this Agreement to the Åland Islands (Ahvenanmaa).

4. The domestic legislation on public procurement of the Member States of the European Union expresses the value of the thresholds in EUR or another national currency of the Member States of the European Union. The calculation of the values of these thresholds is based on the average of the daily values of the SDRs against the EUR exchange rate in the twenty-four months ending on the last day of August preceding the review effective on 1 January. The value of the revised thresholds, where applicable, is rounded to the nearest thousand EUR. Changes to this methodology shall be notified to the Republics of the CA Party through the Association Committee.

B. Exceptions:

1. As long as the EU Party has not accepted that the corresponding parties grant companies of the EU Party comparable and effective access to their markets, the EU Party will not extend the benefits of Title V of Part IV of this Agreement:

  • a)regarding the award of construction service contracts by entities listed in Section B, to suppliers and service providers of Guatemala and Honduras; b) regarding the award of contracts by:
  • i)entities listed in Section C, letter (a) (water), to suppliers and service providers of El Salvador, Guatemala and Honduras; ii) entities listed in Section C, letter (b) (electricity), to suppliers and service providers of Guatemala and Honduras; iii) entities listed in Section C, letter (c) (airports), to suppliers and service providers of Guatemala, Honduras, Nicaragua and Panama; iv) entities listed in Section C, letter (d) (ports), to suppliers and service providers of Guatemala and Nicaragua; v) entities listed in Section C, letter (e) (urban transport), to suppliers and service providers of El Salvador, Honduras and Nicaragua; vi) entities listed in Section C, letter (f) (railways), to suppliers and service providers of Guatemala, Honduras, Nicaragua and Panama; c) regarding contracts related to computer and related services, as defined in CPC prov. 84, to suppliers and service providers of Guatemala, Honduras and Nicaragua; d) regarding the award of contracts by regional and local government entities (Section B, Part A), to suppliers and service providers of Nicaragua.

2. Title V of Part IV of this Agreement shall take effect between the European Union and Honduras one year after the entry into force of this Agreement. Each of the above exceptions may be withdrawn at any time as a result of bilateral negotiations under Article 226, paragraph 1.

C. Extended coverage:

The exceptions to CPC Division 752 (Telecommunication services) of Section D do not apply to Costa Rica.

APPENDIX 2 MEANS FOR PUBLICATION OF PROCUREMENT INFORMATION Costa Rica Laws, regulations and procedures, Diario Oficial La Gaceta Jurisprudence, Boletín Judicial El Salvador The information may be published either in the electronic system Comprasal (www.mh.gob.sv/moddiv/HTML/), on the website of the Legislative Assembly of El Salvador, of the Supreme Court of Justice, or in the Diario Oficial.

Guatemala Diario de Centroamérica, Órgano Oficial de la República de Guatemala.

Honduras Diario Oficial La Gaceta.

Sistema Electrónico Honducompras Nicaragua Sistema de Contrataciones Administrativas del Estado:

www.nicaraguacompra.gob.ni Panamá Leyes y reglamentos: www.gacetaoficial.gob.pa Jurisprudencia: www.organojudicial.gob.pa

Bélgica- Diario Oficial de la Unión Europea - Le Bulletin des Adjudications - Otras publicaciones en prensa especializada
Bulgaria- Diario Oficial de la Unión Europea - Държавен вестник (Boletín Oficial del Estado) http://dv.parliament.bg - Public Procurement Register (www.aop.bg)
República Checa- Diario Oficial de la Unión Europea
Dinamarca- Diario Oficial de la Unión Europea
Alemania- Diario Oficial de la Unión Europea
Estonia- Diario Oficial de la Unión Europea
Grecia- Diario Oficial de la Unión Europea - Publicación en la prensa diaria, financiera, regional y especializada
España- Diario Oficial de la Unión Europea
Francia- Diario Oficial de la Unión Europea - Bulletin officiel des annonces des marchés publics
Irlanda- Diario Oficial de la Unión Europea - Diarios: Irish Independent, Irish Times, Irish Press, Cork Examiner
Italia- Diario Oficial de la Unión Europea
Chipre- Diario Oficial de la Unión Europea - Boletín Oficial de la República - Prensa diaria local
Letonia- Diario Oficial de la Unión Europea - Latvijas vēstnesis (diario oficial) CUADRO 254-255, TOMO 11
Lituania- Diario Oficial de la Unión Europea - Información suplementaria "Informaciniai praneńimai" a la Boletín Oficial "Valstybės ņinios") de la República de Lituania
Luxemburgo- Diario Oficial de la Unión Europea - Prensa Diaria
Hungría- Diario Oficial de la Unión Europea - Közbeszerzési Értesítő - a Közbeszerzések Tanácsa Hivatalos Lapja (Boletín de Contratación Pública - Órgano Oficial del Consejo de Contratación Pública)
Malta- Diario Oficial de la Unión Europea - Government Gazette
Países Bajos- Diario Oficial de la Unión Europea
Austria- Diario Oficial de la Unión Europea - Amtsblatt zur Wiener Zeitung
Polonia- Diario Oficial de la Unión Europea - Biuletyn Zamówień Publicznych (Boletín de Contratación Pública)
Portugal- Diario Oficial de la Unión Europe
Rumanía- Diario Oficial de la Unión Europea - Monitorul Oficial al României (Órgano Oficial de Rumania) - Sistema Electrónico de Contratación Pública (http://www.e-licitatie.ro)
Eslovenia- Diario Oficial de la Unión Europea - Boletín Oficial de la República
Eslovaquia- Diario Oficial de la Unión Europea - Vestník verejného obstarávania (Diario de Contratación Pública)
Finlandia- Diario Oficial de la Unión Europea - Julkiset hankinnat Suomessa ja ETA-alueella, Virallisen lehden liite (Contratación Pública en Finlandia y el área EEA, Suplemento a la Boletín Oficial de Finlandia)
Suecia- Diario Oficial de la Unión Europea
Reino Unido- Diario Oficial de la Unión Europea

APÉNDICE 3 MEDIOS PARA LA PUBLICACIÓN DE AVISOS Costa Rica Diario Oficial La Gaceta (www.gaceta.go.cr) Avisos del Instituto Costarricense de Electricidad (www.grupoice.com) El Salvador CompraSal (www.mh.gob.sv/moddiv/HTML) o Diario Oficial Guatemala Diario de Centroamérica, Órgano Oficial de la República de Guatemala.

Sistema de Información de Contrataciones y Adquisiciones del Estado de Guatemala GUATECOMPRAS (www.guatecompras.gt) Honduras Diario Oficial La Gaceta y, al menos en un diario de circulación nacional Sistema Electrónico Honducompras Nicaragua La Gaceta, Diario Oficial, o Nicaraguacompra (www.nicaraguacompra.gob.ni) Panamá Portal Panamacompra: www.panamacompra.gob.pa Unión Europea Diario Oficial de la Unión Europea http://simap.europa.eu APÉNDICE 4 AVISO DE CONTRATACIÓN FUTURA 1. Cada aviso de contratación futura incluirá:

  • a)el nombre y la dirección de la entidad contratante y demás información necesaria para entrar en contacto con la entidad contratante y obtener todos los documentos relevantes relacionados con la contratación, y, en su caso, su costo y los términos de pago; b) una descripción de la contratación, en la que figure la naturaleza y cantidad de las mercancías o servicios a contratar o, si la cantidad se desconoce, la cantidad estimada; c) el método de contratación que será usado y si involucra negociación o subasta electrónica; d) la dirección y el plazo para la remisión de ofertas; y e) el idioma o idiomas en que pueden o deben ser presentadas las ofertas o solicitudes de participación, si son distintas del idioma oficial de la Parte de la entidad contratante; 2. La siguiente información será incluida en el aviso de contratación futura si se publica por medios electrónicos. Si dicho aviso se publica en medios impresos, se tomarán las medidas adecuadas para garantizar que cualquier proveedor interesado pueda obtener la información sin demora:
  • a)para contratos recurrentes, si es posible, una estimación de cuándo se harán públicos los siguientes avisos de contratación futura; b) la descripción de todas las opciones; c) el plazo para la entrega de mercancías o servicios, o la duración del contrato; d) en su caso, la dirección y el plazo para la presentación de solicitudes de participación en la contratación; e) una lista y una breve descripción de las condiciones de participación de los proveedores; y f) cuando, de conformidad con el artículo 215, una entidad contratante pretenda seleccionar un número limitado de proveedores calificados para invitarlos a licitar, el criterio que será utilizado para seleccionarlos y, en su caso, cualquier limitación del número de proveedores que podrán ofertar.

APÉNDICE 5 AVISO DE INVITACIÓN A LOS PROVEEDORES INTERESADOS PARA QUE SOLICITEN SU INCLUSIÓN EN UNA LISTA DE PROVEEDORES Si la legislación de una parte establece la publicación de un aviso de invitación a los proveedores interesados para que soliciten su inclusión en una lista de proveedores, en el aviso figurarán el nombre y la dirección de la entidad competente o contratante y demás información necesaria para entrar en contacto con ella y obtener toda la información relevante y documentos relativos a la inclusión en dicha lista. Las entidades pondrán a disposición una descripción de las mercancías o servicios, o categorías correspondientes, para las cuales se utilizará la lista; las condiciones de participación que deben cumplir los proveedores y los métodos a los que recurrirá la entidad contratante para verificar dicho cumplimiento; el período de validez de la lista y los medios para su renovación o vencimiento, o cuando el período de validez no se indique, una indicación del medio por el que se notificará la terminación de uso de la lista. Para un mejor entendimiento, ninguna disposición del título V de la parte IV del presente Acuerdo se entenderá como una obligación de mantener listas de proveedores.

APÉNDICE 6 PLAZOS Plazos para remitir la solicitud de participación en casos de licitación selectiva 1. Si una entidad contratante que utiliza licitación selectiva establece una fecha límite de presentación de solicitudes de participación, lo hará de modo razonable que dé suficiente tiempo a los proveedores interesados para cumplir con los requisitos formales de participación en la misma. Este plazo nunca será inferior a diez días.

Plazo de presentación de ofertas 2. La entidad contratante otorgará a los proveedores suficiente tiempo para preparar y presentar ofertas adecuadas, tomando en consideración la naturaleza y complejidad de la contratación. Excepto cuando así lo dispongan los apartados 4 y 5, la fecha límite de presentación de ofertas no será inferior a cuarenta días desde la fecha en que:

  • a)en caso de licitación abierta, se publique el aviso de contratación futura; o b) en caso de licitación selectiva, la entidad notifique a los proveedores que van a ser invitados a presentar ofertas, ya se trate de una lista multiuso o no.

Plazo cuando se utiliza una lista de proveedores 3. Las entidades contratantes pueden establecer listas públicas de proveedores calificados para participar en licitaciones. Cuando una entidad contratante requiera a los proveedores calificarse para una lista de proveedores como condición para participar en una contratación, y un proveedor que no ha sido aún calificado solicite su inclusión, la entidad contratante iniciará sin demora el procedimiento de calificación y permitirá al proveedor presentar ofertas si se ha determinado que califica para ello, siempre y cuando exista suficiente tiempo para que cumpla las condiciones de participación en el plazo establecido para licitar.

Plazos reducidos en circunstancias específicas 4. Una entidad contratante podrá establecer plazos para licitar inferiores a cuarenta días, pero en ningún caso inferiores a diez días, en las siguientes circunstancias:

  • a)cuando la entidad contratante publique un aviso separado con una descripción de la contratación; los plazos aproximados de remisión de ofertas, o, en su caso, las condiciones de participación en una contratación, y la dirección donde puede obtenerse la documentación necesaria, al menos cuarenta días y no más de doce meses antes de la fecha límite de presentación de ofertas; b) cuando una entidad contrate mercancías y servicios comerciales que son vendidos u ofrecidos para la venta a, y generalmente adquiridos y utilizados por, compradores no gubernamentales para propósitos no gubernamentales; c) cuando la entidad contratante, para contrataciones recurrentes, indique en el aviso inicial de contratación futura que en los avisos subsiguientes se indicarán los plazos para presentar ofertas de conformidad con el presente apartado; o d) cuando una emergencia imprevista y debidamente justificada por la entidad contratante haga inaplicable el plazo establecido en el apartado 1.

Plazos reducidos en caso de contratación electrónica 5. Una Parte podrá establecer en su legislación nacional que una entidad contratante reduzca el plazo para ofertar establecido en el apartado 2 en cinco días por cada una de las siguientes circunstancias:

  • a)el aviso de contratación futura es publicado por medios electrónicos; b) toda la documentación de licitación se pone a disposición por medios electrónicos desde la fecha de publicación del aviso de contratación futura; y c) la entidad contratante acepta recibir las ofertas por medios electrónicos.

El recurso al presente apartado, junto con el apartado 4, en ningún caso podrá resultar en que los plazos de contratación establecidos en el apartado 2 queden reducidos a menos de diez días desde la fecha de publicación del aviso de contratación futura.

APÉNDICE 7 AVISOS DE ADJUDICACIÓN El aviso indicado en el artículo 223, apartado 2, deberá contener al menos la siguiente información:

  • a)una descripción de las mercancías o servicios contratados; b) el nombre de la entidad contratante; c) el nombre del proveedor seleccionado; d) el valor de la oferta seleccionada o el valor más alto y más bajo de las ofertas tomadas en consideración para la adjudicación del contrato; e) la fecha de la adjudicación; y f) el tipo de procedimiento de contratación utilizado.

APÉNDICE 8 DOCUMENTOS DE CONTRATACIÓN Como se menciona en el artículo 217, apartado 1, salvo que ya se haya indicado en el aviso de contratación futura, los documentos de contratación contendrán una descripción completa de lo siguiente:

  • a)la contratación, incluida la naturaleza y la cantidad de las mercancías o servicios por contratar o, si la cantidad se desconoce, la cantidad estimada y cualquier requisito que haya que cumplir, como especificaciones técnicas, certificación de evaluación de la conformidad, planos, diseños o materiales de instrucción; b) cualquier condición para la participación de los proveedores, incluida una lista de información y los documentos que los proveedores han de presentar al respecto; c) todos los criterios de evaluación que se tendrán en cuenta para adjudicar el contrato y su importancia relativa, excepto cuando el único criterio sea el precio; d) si la entidad contratante realiza la contratación por medios electrónicos, los requisitos de autenticación y encriptación y demás equipos relacionados con la recepción de información por vía electrónica; e) si la entidad contratante realiza una subasta electrónica, las reglas de la misma, incluida la identificación de los elementos de la licitación relativos a los criterios de evaluación sobre los que se llevará a cabo la subasta; f) si hay apertura pública de ofertas, la fecha, hora y lugar de la misma y, en su caso, las personas autorizadas a presenciarla; g) cualquier otro término o condición, como los términos de pago y los posibles límites del modo de presentación de ofertas, por ejemplo en papel o por vía electrónica; y h) las posibles fechas de entrega de mercancías o prestación de servicios.

LISTA DE NOMBRES PARA LOS QUE SE SOLICITA PROTECCIÓN COMO INDICACIONES GEOGRÁFICAS EN EL TERRITORIO DE LAS PARTES PARTE A Nombres de la Parte UE Los nombres que figuran en el presente anexo son indicaciones geográficas del territorio de la Parte UE, que serán tramitados de conformidad con los procedimientos de protección aplicables de cada una de las Repúblicas de la Parte CA.

Lista de nombres para los que se solicita proteccion como Indicaciones geograficas en el territorio de las partes Parte A PARTE B Nombres de las Repúblicas de la Parte CA Los nombres que figuran en el presente anexo son indicaciones geográficas del territorio de las Repúblicas de la Parte CA, que serán tramitados de conformidad con los procedimientos de protección aplicables en la Parte UE.

PaísNombreProductos
Costa RicaBanano de Costa RicaBananos
El SalvadorCafé Apaneca-IlamapetecCafé
El SalvadorBálsamo de El SalvadorBálsamo
GuatemalaCafé AntiguaCafé
GuatemalaRon de GuatemalaBebidas espirituosas
HondurasCafé MarcalaCafé
HondurasCafés del Occidente Hondureño (H W C)Café
NicaraguaCafé de NicaraguaCafé
NicaraguaQueso ChontaleñoQuesos
PanamáSecoBebidas espirituosas

(Nota de Sinalevi: Mediante el aparte 27) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se sustituye el presente anexo al no ser clara dicha sustitución se transcribe la misma: "El Anexo XVII se sustituye por:

PARTE A Nombres de las Repúblicas de la Parte CA ")

INDICACIONES GEOGRÁFICAS PROTEGIDAS PARTE A Indicaciones geográficas de la Parte UE protegidas en las Repúblicas de la Parte CA de conformidad con el título VI (Propiedad intelectual) de la parte IV del presente Acuerdo Los nombres del anexo XVII que hayan sido protegidos como indicaciones geográficas después de que las autoridades competentes de las Partes los hayan examinado con éxito se insertarán aquí de conformidad con las disposiciones institucionales, en particular el título XIII (Tareas específicas en cuestiones comerciales de los órganos establecidos en virtud del presente Acuerdo), a través de las decisiones del Consejo de Asociación.

ESTADO MIEMBRONOMBREPRODUCTO DESCRIPCIÓN O CLASE
ALEMANIABayerisches BierCervezas
ALEMANIAMunchener BierCervezas
ALEMANIANurnberger Bratwurste /Nurnberger RostbratwursteProductos cárnicos (cocidos, en salazón, ahumados. etc)
IRLANDAIrish Cream La indicación geográfica lrish Cream cubre el licor producido en el territorio de Irlanda y de Irlanda del Norte. Esto no se considera modificación de cualesquier derechos existentes en relación con dicha indicación geográfica respecto a la protección otorgada en cada una de las Repúblicas de la Parte CA. (Así adicionado el párrafo anterior por el aparte 28) sub aparte a) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019")Bebidas espirituosas
IRLANDAIrish whiskey/ Uisce Beatha Eireannach / Irish whisky La indicación geográfica lrish whiskey/ Uisce Beatha Eireannach/lrish whisky cubre el whisky/whiskey producido en el territorio de Irlanda y de Irlanda del Norte. Esto no se considera modificación de cualesquier derechos existentes en relación con dicha indicación geográfica respecto a la protección otorgada en cada una de las Repúblicas de la Parte CA. (Así adicionado el párrafo anterior por el aparte 28) sub aparte b) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019")Bebidas espirituosas
GRECIA(Ouzo)(1) (1)Producto de Grecia o ChipreBebidas espirituosas
GRECIA(Samos)Vinos
ESPAÑABierzoVinos
ESPAÑABrandy de JerezBebidas espirituosas
ESPAÑACampo de BorjaVinos
ESPAÑACariñenaVinos
ESPAÑACastillaVinos
ESPAÑACataluñaVinos
ESPAÑACavaVinos
ESPAÑAEmpordáVinos
ESPAÑAIdiazábalQuesos
ESPAÑAJamón de TeruelProductos Cárnicos (cocido en salazón, ahumados, etc) -Jamones
ESPAÑAJerez-Xérés -SherryVinos
ESPAÑAJijonaProductos de panadería, pastelería, repostería, y galletará-Turrón
ESPAÑAJumillaVinos
ESPAÑALa ManchaVinos
ESPAÑALos PedrochesProductos Cárnicos (cocido en salazón, ahumados, etc) -Jamones
ESPAÑAMálagaVinos
ESPAÑAManzanilla- Sanlúcar de BarramedaVinos
ESPAÑANavarraVinos
ESPAÑA
ESPAÑAPenedésVinos
ESPAÑAPrioratVinos
ESPAÑAQueso Manchego(1) 1Registados en Guatemala, Honduras, Nicaragua y Panamá; procedimiento de oposición aún pendientes en Costa Rica y El Salavdor.Quesos
ESPAÑARías BaixasVinos
ESPAÑARibera del DueroVinos
ESPAÑARiojaVinos
ESPAÑARuedaVinos
ESPAÑASomontanoVinos
ESPAÑAToroVinos
ESPAÑATurrón de AlicanteProductos de panadería, pastelería, repostería, y galletará-Turrón
ESPAÑAUtiel-RequenaVinos
ESPAÑAValdepeñasVinos
ESPAÑAValenciaVinos
FRANCIAAlsaceVinos
FRANCIAAnjouVinos
FRANCIAArmagnacBebidas espirituosas
FRANCIABeaujolaisVinos
FRANCIABordeauxVinos
FRANCIABourgogneVinos
FRANCIABrie de Meaux2 2Registrados en Costa Rica, El Salvador, Honduras, Nicaragua y Panamá; procedimiento de oposición aún pendientes en GuatemalaQuesos
FRANCIACadillacVinos
FRANCIACalvadosBebidas espirituosas
FRANCIACamembert de Normandie1 1Registrados en Costa Rica, El Salvador, Honduras, Nicaragua y Panamá; procedimientos de oposición aún ´pendientes en Guatemala.Quesos
FRANCIACanard á foie gras du Sud-Ouest/Canard á foie gras du Sud-Ouest (Chalosse, Gascogne, Gers, Landes, Périgord, Quercy)Productos Cárnicos (cocido en salazón, ahumados, etc) -Jamones
FRANCIAChablisVinos
FRANCIAChampagneVinos
FRANCIACháteauneuf-du-PapeVinos
FRANCIACognacBebidas espirituosas
FRANCIAComtéQuesos
FRANCIACótes de ProvenceVinos
FRANCIACótes du RhóneVinos
FRANCIACótes du RoussillonVinos
FRANCIAEmmental de Savoie2 2Registrados en Costa Rica, El Salvador, Honduras, Nicaragua y Panamá; procedimientos de oposición aún ´pendientes en Guatemala.Quesos
FRANCIAGravesVinos
FRANCIAHuile essentielle de lavanda de Haute -ProvenceAceite de lavanda
FRANCIAJambon de BayonneProductos Cárnicos (cocido en salazón, ahumados, etc) -Jamones
FRANCIALanguedoc (Coteaux du Languedoc)Vinos
FRANCIAMargauxVinos
FRANCIAMédocVinos
FRANCIAPommardVinos
FRANCIAPruneaux d Agen/Pruneaux d Agen mi-cuitsFrutas, vegetales y cereales frescos o procesados-Ciruelas secas cocinadas
FRANCIAReblochonQuesos
FRANCIARhum de la MartiniqueBebidas espirituosas
FRANCIARomanée Saint-VivantVinos
FRANCIARoquefortQuesos
FRANCIASaint-EmilionVinos
FRANCIASaint-JulienVinos
FRANCIASauternesVinos
FRANCIAVal de LoireVinos
ITALIAAstiVinos
ITALIABarbarescoVinos
ITALIABarbera d AlbaVinos
ITALIABarbera d AstiVinos
ITALIABaroloVinos
ITALIABrachetto a AcquiVinos
ITALIAConegliano-Valdobbiadene-ProseccoVinos
ITALIADolcetto d AlbaVinos
ITALIAFontina1 1Registrados en El Salvador, Guatemala, Honduras, Nicaragua y Panamá; procedimientos de oposición aún pendientes en Costa RicaQuesos
ITALIAFranciacortaVinos
ITALIAGorgonzola2 2Registrados en Guatemala, Honduras, Nicaragua y Panamá; procedimientos de oposición aún pendientes en Costa Rica y El SalvadorQuesos
ITALIAGrana PadanoQuesos
ITALIAGrappaBebidas espirituosas
ITALIAMortadella BolognaProductos Cárnicos (cocido en salazón, ahumados, etc) -Jamones
ITALIAParmigiano Reggiano3 3Registrados en Honduras, Nicaragua y Panamá; procedimientos de oposición aún pendientes en Costa Rica, El Salvador y GuatemalaQuesos
ITALIAProsciutto di Parma 4 4Registrados en Costa Rica, Guatemala, en Honduras, Nicaragua y Panamá; procedimientos de oposición aún pendientes en El SalvadorProductos Cárnicos (cocido en salazón, ahumados, etc) -Jamones
ITALIAProsciutto di S. Daniele/Prosciutto di San DanieleProductos Cárnicos (cocido en salazón, ahumados, etc) -Jamones
ITALAIAProsciutto ToscanoProductos Cárnicos (cocido en salazón, ahumados, etc) -Jamones
ITALIAProvolone Valpadana5 5Registrados en El Salvador, Honduras, Nicaragua y Panamá; procedimientos de oposición aún pendientes en Costa Rica y Guatemala.Quesos
ITALAIASoaveVinos
ITALIATaleggioQuesos
ITALIAToscanoAcietes y grasas (mantequillas, margarina, aceite, etc.)-Aciete de oliva
ITALIAToscano/ToscanaVinos
ITALIAVino Nobile di MontepulcianoVinos
CHIPREZiBavía/TCiBavia/ZiBáva (Zivania)Bebidas espirituosas
CHIPREKovuavSapía (Commandaria)Vinos
CHIPREOuco (Ouzo)1 1Producto de Grecia o ChipreBebidas espirituosas
HUNGRÍAPálinkaBebidas espirituosas
HUNGRÍASzegedi téliszalámi/SzegediProductos Cárnicos (cocido en salazón, ahumados, etc) -Jamones
HUNGRÍATokajVinos
HUNGRÍATöKölypálinkaBebidas espirituosas
AUSTRIAInläderrumBebidas espirituosas
AUSTRIAJägertee/Jagertee/JagateeBebidas espirituosas
POLONIAPolska Wódka/Polish VodkaBebidas espirituosas
POLONIAWódka ziolowa z Niziny Pólmocnopodlaskiej aromatyzowana ekstraktem z trawy zubrowej/ herbal vodka from the North Podlasie Lowland aromatised with an extract of bison grassBebidas espirituosas
PORTUGALDouroVinos
PORTUGALPorto/Port/OportoVinos
ESLOVAQUIAVinohradnícka oblast TokajVinos
SUECIASvensk Vodka/Swedish VodkaBebidas espirituosas
REINO UNIDOScoth WhiskyBebidas espirituosas

(Así incluido el cuadro anterior por la Decisión N° 5/2014 Consejo de Asociación UE-Centroamérica y su Anexo: Inclusión de indicaciones geográficas en el Anexo XVIII, Parte A y Parte B, "Acuerdo que establece asociación entre Centroamérica y la Unión Europea y sus Estados miembros", aprobada mediante decreto ejecutivo N° 39241 del 20 de agosto de 2015) (Nota de Sinalevi: Mediante el aparte 28) sub aparte c) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se establece que otras indicaciones geográficas, enumeradas en la Parte A del Anexo XVIII, relativas a países específicos que no forman parte del presente Acuerdo no se incorporan al presente Acuerdo anteriormente referido) PARTE B Indicaciones geográficas de las Repúblicas de la Parte CA protegidas en la Parte UE de conformidad con el título VI (Propiedad intelectual) de la parte IV del presente Acuerdo Los nombres del anexo XVII que hayan sido protegidos como indicaciones geográficas después de que las autoridades competentes de las Partes los hayan examinado con éxito se insertarán aquí de conformidad con las disposiciones institucionales, en particular el título XIII (Tareas específicas en cuestiones comerciales de los órganos establecidos en virtud del presente Acuerdo), a través de las decisiones del Consejo de Asociación.

PAÍSDENOMINACIÓNPRODUCTOS
COSTA RICACafé de Costa RicaCafé
COSTA RICABanano de Costa RicaBanamos
EL SALVADORCafé Apaneca-llamapetecCafé
EL SALVADORBálsamo de El SalvadorBálsamo
GUATEMALACafé AntiguaCafé
GUATEMALARon de GuatemalaBebidas espirituosas
HONDURASCafés del occidente hondureño (H W C)Café
HONDURASCafé de MarcalaCafé
PANAMÁSeco de PanamáBebidas espirituosas

(Así incluido el cuadro anterior por la Decisión N° 5/2014 Consejo de Asociación UE-Centroamérica y su Anexo: Inclusión de indicaciones geográficas en el Anexo XVIII, Parte A y Parte B, "Acuerdo que establece asociación entre Centroamérica y la Unión Europea y sus Estados miembros", aprobada mediante decreto ejecutivo N° 39241 del 20 de agosto de 2015)

LISTA DE PRODUCTOS A LOS QUE HACE REFERENCIA EL ARTÍCULO 306, APARTADO 4 LISTA 1  Suero lácteo  Productos lácteos tratados térmicamente  Helados a base de productos lácteos  Leche en polvo  Leche concentrada evaporada  Gelatina  Huevos de codorniz en conserva  Corcho  Material genético (esperma, embriones y óvulos) LISTA 2  Quesos  Mantequilla y productos lácteos para untar  Mezclas lácteas (bases para helados)  Alimentos para mascotas  Alimentos para peces  Manzanas  Productos de huevo en polvo o tratados térmicamente  Productos de carne de cerdo tratados térmicamente, ahumados o curados

LISTA DE REGLAMENTOS TECNICOS CENTROAMERICANOS (RTCA) EN PROCESO DE ARMONIZACIÓN1015 1015 El título de los reglamentos incluidos en el presente anexo debe usarse solo como referencia, ya que dichos títulos pueden modificarse durante el proceso de negociación y aprobación.

1. Alimentos y bebidas a) RTCA de Aditivos alimentarios para consumo humano.

  • b)RTCA de Buenas prácticas de higiene para alimentos no procesados.
  • c)RTCA de Etiquetado general para alimentos preenvasados.
  • d)RTCA de Etiquetado de bebidas alcohólicas fermentadas.
  • e)RTCA de Etiquetado de bebidas alcohólicas destiladas.
  • f)RTCA de Etiquetado nutricional.

2. Medicamentos y productos afines a) RTCA de Buenas prácticas de manufactura para medicamentos de uso humano, y su guía de verificación.

  • b)RTCA de Requisitos para el otorgamiento de registro sanitario de medicamentos de uso humano.
  • c)RTCA de Productos Naturales:

Verificación de la Calidad.

Requisitos para el registro e inscripción de productos naturales.

Buenas prácticas de manufactura para los laboratorios fabricantes de productos naturales.

Etiquetado.

  • d)RTCA de Etiquetado de plaguicidas de uso doméstico y de uso industrial.
  • e)Central American Technical Regulation (Reglamento Técnico Centroamericano, RTCA) for the Registration of domestic-use and industrial-use pesticides.
  • f)RTCA for Stability Studies of medicinal products for human use.

3. Standardization measures a) RTCA for Textile Labeling.

  • b)RTCA for Footwear Labeling.

4. Agricultural inputs a) RTCA for the Registration of technical grade active ingredients, formulated synthetic pesticides.

  • b)RTCA for the prohibition and restriction of pesticides.
  • c)RTCA for Requirements for the registration of fertilizers and soil amendments for agricultural use.
  • d)RTCA for Veterinary medicinal products and related products. Establishments that manufacture, market, repackage, or store them. Requirements for sanitary registration and control.
  • e)RTCA for Products used in animal feed and establishments that manufacture, market, repackage, or store them. Requirements for sanitary registration and control.
  • f)RTCA for Requirements for the production and marketing of certified seeds of basic grains and soybeans.

SUBCOMMITTEES SUBCOMMITTEE ON MARKET ACCESS FOR GOODS The Subcommittee shall be composed of:

  • a)in the case of Costa Rica, the Ministry of Foreign Trade; b) in the case of El Salvador, the Ministry of Economy; c) in the case of Guatemala, the Ministry of Economy; d) in the case of Honduras, the Secretariat of State for Industry and Commerce; e) in the case of Nicaragua, the Ministry of Development, Industry and Trade (MIFIC), in collaboration with the competent institutions on the issues addressed; f) in the case of Panama, the Ministry of Commerce and Industries; and g) in the case of the European Union, the European Commission; or their successors.

SUBCOMMITTEE ON CUSTOMS, TRADE FACILITATION AND RULES OF ORIGIN The Subcommittee shall be composed of:

  • a)in the case of Costa Rica, the Ministry of Foreign Trade and the National Customs Service; b) in the case of El Salvador, the Ministry of Economy and the Directorate General of Customs; c) in the case of Guatemala, the Ministry of Economy and the Superintendency of Tax Administration, through the Customs Administration; d) in the case of Honduras, the Secretariat of State for Industry and Commerce, and the Executive Directorate of Revenue; e) in the case of Nicaragua, the Ministry of Development, Industry and Trade (MIFIC), and the Directorate General of Customs Services; f) in the case of Panama, the Ministry of Commerce and Industries and the National Customs Authority; and g) in the case of the European Union, the European Commission; or their successors.

SUBCOMMITTEE ON TECHNICAL BARRIERS TO TRADE The Subcommittee shall be composed of:

  • a)in the case of Costa Rica, the Ministry of Foreign Trade, in collaboration with the competent institutions on the issues addressed; b) in the case of El Salvador, the Ministry of Economy, in collaboration with the competent institutions on the issues addressed; c) in the case of Guatemala, the Ministry of Economy, in collaboration with the competent institutions on the issues addressed; d) in the case of Honduras, the Secretariat of State for Industry and Commerce, in collaboration with the competent institutions on the issues addressed; e) in the case of Nicaragua, the Ministry of Development, Industry and Trade (MIFIC), in collaboration with the competent institutions on the issues addressed; f) in the case of Panama, the Ministry of Commerce and Industries, in collaboration with the competent institutions on the issues addressed; and g) in the case of the European Union, the European Commission; or their successors.

SUBCOMMITTEE ON SANITARY AND PHYTOSANITARY MATTERS The Subcommittee shall be composed of a) in the case of Costa Rica, the Ministry of Foreign Trade, in collaboration with the competent authorities established in Article 144; b) in the case of El Salvador, the Ministry of Economy, through the Directorate of Trade Treaty Administration, the Ministry of Agriculture and Livestock (MAG), and the Ministry of Public Health and Social Assistance (MSPAS); c) in the case of Guatemala, the Ministry of Economy, in collaboration with the competent institutions on the issues addressed; d) in the case of Honduras, the Secretariat of State for Industry and Commerce, through the Directorate General of Economic Integration and Trade Policy, the Secretariat of State for Agriculture and Livestock (SAG), through the Directorate General of the National Agricultural Health Service (SENASA), and the Secretariat of State for Health, through the Directorate General of Health Regulation; e) in the case of Nicaragua, the Ministry of Development, Industry and Trade (MIFIC), the Ministry of Agriculture and Forestry (MAGFOR), and the Ministry of Health (MINSA); f) in the case of Panama, the Ministry of Commerce and Industries (MICI), in collaboration with the competent institutions on the issues addressed; and g) in the case of the European Union, the European Commission; or their successors.

SUBCOMMITTEE ON INTELLECTUAL PROPERTY The Subcommittee shall be composed of:

  • a)in the case of Costa Rica, the Ministry of Foreign Trade, the Ministry of Science and Technology, and the Industrial Property Registry; b) in the case of El Salvador, the Ministry of Economy, in collaboration with the competent institutions on the issues addressed; c) in the case of Guatemala, the Ministry of Economy and the Intellectual Property Registry; d) in the case of Honduras, the Secretariat of State for Industry and Commerce, and the Directorate General of Intellectual Property; e) in the case of Nicaragua, the Ministry of Development, Industry and Trade (MIFIC), in collaboration with the competent institutions on the issues addressed; f) in the case of Panama, the Ministry of Commerce and Industries, in collaboration with the competent institutions on the issues addressed; and g) in the case of the European Union, the European Commission; or their successors.

DECLARATIONS JOINT DECLARATION BY COSTA RICA AND THE EUROPEAN UNION ON CHAPTER 1 OF TITLE II (TRADE IN GOODS) OF THIS AGREEMENT(*) Costa Rica shall review that the internal taxes levied on the beverages listed below are applied in conformity with the provisions of Chapter 1 of Title II (Trade in Goods), so that:

  • a)For carbonated beverages classified under tariff heading 2202 and alcoholic beverages classified under tariff heading 2203, such review shall be completed no later than one year after entry into force.
  • b)For alcoholic beverages classified under tariff headings 2204 to 2208, such review shall be completed no later than four years after entry into force.

(*) (Sinalevi Note: By means of sub-paragraph e) of paragraph 29) of the annex to International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and of the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama regarding Paragraph 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019", it was agreed to indicate that in the Joint Declaration by Costa Rica and the European Union on Chapter 1 of Title II (Trade in Goods) of this Agreement, the following is not incorporated into this Agreement:

i. in subparagraph (a) the words "carbonated beverages classified under tariff heading 2202 and"; and ii. subparagraph (b).") JOINT DECLARATION CONCERNING ARTICLE 88 OF CHAPTER 1 OF TITLE II (TRADE IN GOODS) Costa Rica and Guatemala may continue to apply the measures listed below after the date on which Part IV of the EU-Central America Agreement has been applied. The Parties shall examine the need to maintain these measures, no later than ten years after the date on which Part IV of the EU-Central America Agreement has been applied.

(Thus amended the previous paragraph by sub-paragraph f) of paragraph 29) of the annex to International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and of the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama regarding Paragraph 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019") Guatemala a) Ley del Café, Decree No. 19-69 of the Congress of the Republic of Guatemala, Decree No. 114-63 of the Head of State, and Decree Law No. 111-85 of the Head of State. Costa Rica a) Ley 5515, of April 19, 1974, amended by Ley 5538, of June 18, 1974, and Ley 4895, of November 16, 1971, amended by Ley 7147, of April 30, 1990, and by Ley 7277, of December 17, 1991; b) Ley 2762, of June 21, 1961, amended by Ley 7551, of September 22, 1995; and c) Ley 6247, of May 2, 1978, and Ley 7837, of October 5, 1998.

JOINT DECLARATION CONCERNING THE PRINCIPALITY OF ANDORRA 1. Products originating in the Principality of Andorra falling within Chapters 25 to 97 of the Harmonized System that meet the conditions of Article 3a(5)(b) of Annex II shall be accepted by the Parties as originating in the European Union within the meaning of this Agreement." (Thus amended the previous paragraph by sub-paragraph a) of paragraph 29) of the annex to International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and of the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama regarding Paragraph 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019") 2. Annex II (Concerning the definition of the concept of "originating products" and methods of administrative cooperation) shall apply, mutatis mutandis, to define the originating status of the aforementioned products.

JOINT DECLARATION CONCERNING THE REPUBLIC OF SAN MARINO 1. Products originating in the Republic of San Marino that meet the conditions of Article 3a(5)(b) of Annex II shall be accepted by the Parties as products originating in the European Union, within the meaning of this Agreement.

(Thus amended the previous paragraph by sub-paragraph b) of paragraph 29) of the annex to International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and of the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama regarding Paragraph 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019") 2. Annex II (Concerning the definition of the concept of "originating products" and methods of administrative cooperation) shall apply, mutatis mutandis, to define the originating status of the aforementioned products.

JOINT DECLARATION CONCERNING DEROGATIONS 1. The Parties recognize the important role of stable growth and progress of the economies of the Republics of the CA Party in fostering the smooth development of trade relations between the Parties.

2. For that purpose, the Subcommittee on Customs, Trade Facilitation and Rules of Origin, established in accordance with Article 123 of Chapter 3 (Customs and Trade Facilitation) of Title II of Part IV of this Agreement (hereinafter, "the Subcommittee") shall discuss and consider derogations requested to this Annex, should the evolution of existing industries or the creation of new industries in the Republics of the CA Party justify the adoption of such derogations. The derogations may subsequently be adopted by the Association Committee.

3. The Republics of the CA Party shall notify the EU Party of their request for a derogation, either before or when the request is submitted to the Subcommittee, together with the reasons for the request, in accordance with point 5.

4. In the Association Council, the EU Party shall respond positively to the requests of the Republics of the CA Party, provided they are admissible and duly justified in accordance with this Declaration and cannot cause serious injury to an established industry of the European Union.

5. In order to facilitate the examination of derogation requests by the Subcommittee, one or more Republics of the CA Party shall provide, in support of their request, the most complete information possible, covering in particular the following:

  • a)description of the finished product, b) nature and quantity of materials originating in third countries, c) manufacturing processes, d) value added achieved, e) number of employees in the company concerned, f) volume of anticipated exports to the European Union, g) other possible sources of supply for raw materials, h) other comments.

6. The examination of derogation requests shall take into account, in particular:

  • a)cases where the application of the existing rules of origin would significantly affect the ability of an existing industry in one or more requesting Republics of the CA Party to continue its exports to the European Union, with particular reference to cases where this could lead to the cessation of its activities; b) specific cases where it can be clearly demonstrated that the rules of origin could discourage significant investment in an industry and where a derogation favouring the implementation of the investment program would allow those rules to be met in stages.

7. In all cases, an examination shall be carried out to verify whether the rules on cumulation of origin do not resolve the problem.

8. The Subcommittee shall take the necessary measures to ensure that a decision on a derogation request is taken as soon as possible. The derogation may be granted for a period of twelve months. The Subcommittee may review the need to extend the period of validity of the derogation by a further twelve months at the request of the Republics of the CA Party, if the economic conditions that constituted the basis for establishing the derogation continue, taking into account other conditions set out in points 1 to 7. The extension of the derogation shall be decided by the Association Council.

JOINT DECLARATION CONCERNING THE REVIEW OF THE RULES OF ORIGIN CONTAINED IN ANNEX II (Concerning the definition of the concept of "originating products" and methods of administrative cooperation) 1. The Parties agree to review the provisions contained in Annex II (Concerning the definition of the concept of "originating products" and methods of administrative cooperation) and to discuss the necessary amendments upon request of any Party. In such discussions, the Parties shall take into account technological development, production processes and all other factors that could justify modifications to the rules. Any changes to Annex II shall be made by mutual agreement.

2. Appendices 2 and 2 A of Annex II shall be adapted in accordance with the periodic amendments to the Harmonized System.

JOINT DECLARATION CONCERNING THE REVIEW OF THE RULES OF ORIGIN APPLICABLE TO PRODUCTS OF CHAPTERS 61 AND 62 OF THE HARMONIZED SYSTEM If the rules of origin applied by the European Union to products of Chapters 61 and 62 of the Harmonized System, under the Generalized System of Preferences for countries that are not least developed countries (LDCs), are more flexible than those contained in this Agreement, following consultations in the Association Committee at the request of one or more Republics of the CA Party, the Association Council shall amend Appendix 2 of Annex II (Concerning the definition of the concept of "originating products" and methods of administrative cooperation) in order to apply the same level of flexibilisation.

JOINT DECLARATION CONCERNING THE TEMPORARY USE OF ADDITIONAL NON-ORIGINATING MATERIALS FOR PRODUCTS OF CHAPTERS 61 AND 62 OF THE HARMONIZED SYSTEM Upon the initiative of one or more Republics of the CA Party, and after holding consultations in the Association Committee, the Association Council may decide to temporarily allow the use of additional non-originating materials, which shall be identified at the eight-digit level, for products of Chapters 61 and 62 of the Harmonized System, provided that there is no production of these materials within the Parties. In these circumstances, these materials shall be considered as originating for the purposes of the rules of origin in Appendix 2 of Annex II (Concerning the definition of the concept of "originating products" and methods of administrative cooperation) applicable to products of Chapters 61 and 62 of the Harmonized System. Following consultations in the Association Committee, the use of the said materials shall not be allowed when a Party demonstrates that production of these materials exists within the Parties.

DECLARATION BY THE EU PARTY ON DATA PROTECTION FOR CERTAIN REGULATED PRODUCTS In the negotiations of Title VI (Intellectual Property) of Part IV of this Agreement, the Parties have agreed that undisclosed safety and efficacy data submitted as a condition for obtaining marketing approval for new pharmaceutical products and agricultural chemical products shall not be protected through a specific provision, but through the principles of national treatment and most-favoured-nation treatment enshrined in Article 230 of Title VI (Intellectual Property) of Part IV of this Agreement. Additionally, it was agreed that the bilateral dispute settlement mechanism enshrined in the Association Agreement shall apply to any dispute arising in this regard.

Having examined the relevant legislation of each of the Republics of the CA Party, the EU Party considers that this legislation, by providing protection periods of at least five years for pharmaceutical products and ten years for agricultural chemical products, offers a satisfactory level of protection corresponding to the relevant international obligations undertaken by the Republics of the CA Party, including Article 39 of the WTO TRIPS Agreement, Article 15.10 of the Dominican Republic-Central America-United States Free Trade Agreement, and Article 15.10 of the United States-Panama Trade Promotion Agreement.

JOINT DECLARATION NAMES FOR WHICH REGISTRATION HAS BEEN SOUGHT AS GEOGRAPHICAL INDICATIONS IN A REPUBLIC OF THE CA PARTY(*) (*) (Sinalevi Note: By means of sub-paragraph c) of paragraph 29) of the annex to International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and of the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama regarding Paragraph 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019", it was agreed to indicate that the Joint Declaration "Names for which registration has been sought as geographical indications in a Republic of the CA Party" previously indicated, is not incorporated into this Agreement. previously referred to) The Parties recognize that, for the names listed in this document, applications for registration as geographical indications have been submitted in the Party of origin. For the purposes of protection in the territory of the EU Party, the Party of origin shall notify the EU Party of the completion of the applicable national protection procedures. Once these names have been correctly registered as geographical indications in the Party of origin, these names shall be subject to the procedures and shall be protected as set out in Article 245 of Title VI (Intellectual Property) of Part IV of this Agreement, provided that the formal requirements for their application in the EU Party have been fulfilled no later than one year before entry into force.

List of names for which applications have been submitted:

CountryNameProduct
1Costa RicaDota-Tarruzú PuroCoffee
2Costa RicaLos SantosCoffee
3Costa RicaOrosiCoffee
4Costa RicaTres RíosCoffee
5Costa RicaTurrialbaCoffee
6Costa RicaTarrazúCoffee
7Costa RicaWest Valley (Valle occidental)Coffee
8Costa RicaBruncaCoffee
9Costa RicaCentral Valley (Valle central)Coffee
10Costa RicaCafé de Costa RicaCoffee
11Costa RicaGuanacasteCoffee
12Costa RicaQueso TurrialbaCheeses
13El SalvadorCafé Tecapa - Chinameca
14El SalvadorCafé del la Cordillera del BálsamoCoffee
15El SalvadorBálsamo de la Cordillera del BálsamoBalsam
16El SalvadorCafé de AlotepequeCoffee
17El SalvadorCafé del Volcán de San SalvadorCoffee
18El SalvadorCafé de CacahuatiqueCoffee
19El SalvadorCafé del PlatanalCoffee
20El SalvadorQueso Duro BlandoCheeses
21El SalvadorQueso Seco AñejoCheeses
22El SalvadorQueso MoroliqueCheeses
23El SalvadorQueso CapitaCheeses
24El SalvadorQuesillo de El SalvadorCheeses
25El SalvadorQueso PueblaCheeses
26El SalvadorQueso Capa RojaCheeses
27El SalvadorQueso de TerrónCheeses
28HondurasCafé CopánCoffee
29HondurasCafé Azul MeambarCoffee
30HondurasCafé MontecilloCoffee
31HondurasCafé Agalta TropicalCoffee
32HondurasCafé OpalacaCoffee
33HondurasCafé ParaísoCoffee
34HondurasCafé GuisayoteCoffee
35HondurasCafé ErapucaCoffee
36HondurasCafé CongolónCoffee
37HondurasCafé CangualCoffee
38HondurasCafé CamaparaCoffee
39NicaraguaQuesillo de NagaroteCheeses
40NicaraguaQuesillo de ChontalesCheeses
41NicaraguaCacao de WaslalaCocoa
42NicaraguaCacao de Río CocoCocoa
43NicaraguaCacao de Nueva GuineaCocoa
44NicaraguaCafé de KilambéCoffee
45NicaraguaCafé de DipiltoCoffee
46NicaraguaCafé MozonteCoffee
47NicaraguaCafé WiwilíCoffee
48NicaraguaMiel del SauceHoney
49NicaraguaMiel de MateareHoney
50NicaraguaMiel de BelénHoney
51PanamáCafé de altura de PanamáCoffee
52PanamáCafé de bajura de PanamáCoffee
53PanamáCoco de tres filos de ColónCoconut
54PanamáPiña de ChorreraPineapple

JOINT DECLARATION ON CUSTOMS UNIONS OF THE EU PARTY(*) (*) (Sinalevi Note: By means of sub-paragraph d) of paragraph 29) of the annex to International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on July 18, 2019; its Annex, its Joint Declarations and the Understanding reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and of the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama regarding Paragraph 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019", it was agreed to indicate that the Joint Declaration on customs unions of the EU Party previously indicated is not incorporated into this Agreement.. previously referred to) The EU Party points out that the States with which it has established a customs union on the date of signature of this Agreement and whose products do not benefit from tariff concessions under this Agreement have the obligation, in relation to countries that are not members of the European Union, to adapt to the Common Customs Tariff and, progressively, to the customs preferences regime of the European Union, taking the necessary measures and negotiating agreements on the basis of mutual advantages with the countries concerned.

Therefore, the European Union has invited the Republics of the CA Party to enter into negotiations with those States as soon as possible.

The Republics of the CA Party state that they will do their utmost to negotiate with those States an agreement establishing a free trade area.

UNILATERAL DECLARATION BY EL SALVADOR CONCERNING ARTICLE 290 "TRADE IN FISHERY PRODUCTS" OF TITLE VIII (TRADE AND SUSTAINABLE DEVELOPMENT) OF PART IV OF THIS AGREEMENT El Salvador subscribes to Article 290 of Title VIII (Trade and Sustainable Development) of Part IV of this Agreement, without prejudice to the legal situation of El Salvador with respect to the United Nations Convention on the Law of the Sea and its annexes.

PROTOCOL ON CULTURAL COOPERATION1015 1015 No provision of this Protocol shall be subject to Title X (Dispute Settlement) of Part IV of this Agreement.

AS SIGNATORIES of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, adopted in Paris on October 20, 2005 (hereinafter, "the UNESCO Convention"), which entered into force on March 18, 2007, the Parties intend to effectively implement the UNESCO Convention and cooperate within the framework of its implementation based on the principles of the Convention and through the development of actions consistent with its provisions, in particular its Articles 14, 15 and 16; RECOGNIZING the importance of cultural industries and the multifaceted nature of cultural goods and services as activities of cultural, economic and social value; RECALLING that the objectives of this Protocol are complemented and reinforced by political instruments, present and future, managed in other frameworks, with a view to:

  • a)strengthening the capacities and independence of the cultural industries of the Parties; b) promoting local and regional cultural content; c) recognizing, protecting and fostering cultural diversity as a condition for successful dialogue between cultures; d) recognizing, protecting and promoting cultural heritage, as well as fostering its recognition by local populations and recognizing its value as a means of expressing cultural identities.

HIGHLIGHTING the importance of facilitating cultural cooperation between the Parties and taking into account for these purposes, on a case-by-case basis, the degree of development of their cultural industries, the level of cultural exchanges and their structural imbalances, as well as the existence of regimes for the promotion of local and regional cultural content, inter alia; HAVING REGARD to Title VIII (Cultural and Audiovisual Cooperation) of Part III of this Agreement and desiring to further develop cooperation; NOTING that, regarding the implementation of this Protocol, the establishment of a Cooperation Subcommittee in Article 8, paragraph 7, of Title II (Institutional Framework) of Part I of this Agreement shall include officials with competence in cultural matters and practices.

ANNEX IV

ANNEX V

ANNEX VI

ANNEX VII

ANNEX VIII

ANNEX IX

ANNEX X

SECTION A

SECTION B

Section B Republics of the CA Party Costa Rica CA Party

Section B El Salvador CA Party

Section B Guatemala CA Party

Section B Honduras CA Party

Section B Nicaragua CA Party

Section B Panamá CA Party

ANNEX XI

SECTION A(*)

SECTION B

Section B Republic of the CA Party Costa Rica

Section B Republic of the CA Party El Salvador

Section B Republic of the CA Party Guatemala

Section B Republic of the CA Party Honduras

Section B Republic of the CA Party Nicaragua

Section B Republic of the CA Party Panamá

ANNEX XII

ANNEX XIII

ANNEX XIV

ANNEX XV

ANNEX XVI

SECTION A

Chapter 25: Salt, sulphur, earths and stone, gypsum, lime and cement

Chapter 26: Mineral, slag and ash

Chapter 27: Mineral fuels, mineral oils and products of their distillation; bituminous substances and mineral waxes

Chapter 29: Organic chemicals

Chapter 30: Pharmaceutical products

Chapter 31: Fertilizers

Chapter 33: Essential oils and resinoids, perfumery, cosmetic or toilet preparations

Chapter 35: Albuminoidal substances, glues; enzymes

Chapter 37: Photographic or cinematographic products

Chapter 38: Miscellaneous products of the chemical industries

Chapter 39: Artificial resins and plastic materials, cellulose esters and ethers, related articles

Chapter 40: Rubber, synthetic rubber, plastic materials, and manufactures of these materials

Chapter 41: Hides and skins (except furskins) and leather

Chapter 43: Furskins or manufactured furs; artificial or factitious fur

Chapter 44: Wood, wood charcoal and manufactures of wood

Chapter 45: Cork and articles of cork

Chapter 46: Manufactures of esparto or of basketware

Chapter 47: Material for paper making

Chapter 48: Paper or paperboard; manufactures of paper pulp, of paper or of paperboard

Chapter 65: Headgear articles and parts thereof

Chapter 66: Umbrellas, sun umbrellas, walking-sticks, whips, riding-crops and parts thereof

Chapter 67: Prepared feathers and down and articles of feathers or down; artificial flowers; manufactures of human hair

Chapter 68: Manufactures of stone, plaster, cement, asbestos, mica or similar materials

Chapter 69: Ceramic products

Chapter 70: Glass and manufactures of glass

Chapter 73: Manufactures of cast iron, iron or steel

Chapter 74: Copper and manufactures of copper

Chapter 75: Nickel and manufactures of nickel

Chapter 76: Aluminum and manufactures of aluminum

Chapter 77: Magnesium and beryllium and manufactures thereof

Chapter 78: Lead and manufactures of lead

Chapter 79: Zinc and manufactures of zinc

Chapter 80: Tin and manufactures of tin

Chapter 81: Other base metals employed in metallurgy and manufactures thereof

Chapter 83: Miscellaneous manufactures of base metals

Chapter 84: Boilers, machinery and mechanical appliances and parts thereof

Chapter 85: Electrical machines, apparatus and material and parts thereof

Chapter 87: Vehicles, other than railway or tramway rolling stock, and parts thereof

Chapter 89: Ships, boats and other floating structures

Chapter 91: Horology

Chapter 95: Articles and manufactures of carving or molding material

Chapter 96: Brooms, brushes, puffs and sieves

Chapter 98: Miscellaneous goods and products

SECTION B

SECTION C

SECTION D

SECTION E

SECTION F

Section A

Section B

Title V of Part IV of this Agreement does not apply to:

ANEXO XVII

ANEXO XVIII

ANEXO XIX

ANEXO XX

ANNEX XXI

Whereas:

1

Scope of application, objectives and definitions 1. Without prejudice to the other provisions of this Agreement, this Protocol establishes the framework for cooperation between the Parties in order to facilitate the exchange of cultural activities, goods and services, including, inter alia, the audiovisual sector.

2. Without prejudice to its capacity to develop and apply its own cultural policies and the future development of the same, and with the aim of protecting and promoting cultural diversity, the Parties shall endeavor to collaborate with a view to improving the conditions governing their exchanges of cultural activities, goods and services and correcting any imbalances that may exist, as well as guaranteeing broader and more balanced cultural exchanges.

3. The UNESCO Convention constitutes the reference for all definitions and concepts used in this Protocol. Additionally, for the purposes of this Protocol, and in particular its Article 3, "artists and other cultural professionals", as contemplated in Article 16 of the UNESCO Convention, shall be understood as natural persons who carry out cultural activities, produce cultural goods, or participate in the direct provision of cultural services.

HORIZONTAL PROVISIONS

SECTION A

2

Dialogue and cultural exchanges 1. The Parties shall direct their efforts to boost their capacities to determine and develop their cultural policies, develop their cultural industries, and improve the Parties' opportunities regarding the exchange of cultural goods and services, including through preferential treatment, where appropriate in accordance with the respective domestic legislation of the Parties.

2. The Parties shall cooperate with a view to developing a common understanding and greater exchange of information on cultural and audiovisual matters through the EU-Central America dialogue, as well as regarding best practices in the protection of intellectual property rights relevant to this Protocol. Such dialogue shall take place within the framework of the mechanisms established in the Agreement, as well as in other relevant fora where appropriate.

3

Artists and other cultural professionals 1. The Parties shall endeavor to facilitate, in accordance with their respective domestic legislation, the temporary entry and stay in their territories of artists and other cultural professionals of the other Party, who are:

  • a)artists, actors, technicians and other cultural professionals of the other Party participating in the shooting of cinematographic films or television programs; or b) artists and other cultural professionals, such as visual or plastic artists, actors and instructors, composers, authors, entertainment service providers and other similar professionals of the other Party, participating in cultural activities such as, for example, music recordings, or active participation in cultural events, such as literary fairs and similar events, provided that:
  • a)they do not participate in the sale or supply of their services nor receive any remuneration from a source located in the Party where they are temporarily staying; and b) they do not participate in the supply of a service under a contract concluded between a legal person that does not have a commercial presence in the Party where the artist or other cultural professional is temporarily staying and a consumer of that Party.

2. The Parties shall endeavor to facilitate, in accordance with their respective domestic legislation, the training of artists and other cultural professionals, as well as closer contact among them; for example among a) theater producers, singing groups, band and orchestra members; b) authors, composers, sculptors, performing arts professionals and other individual artists; c) artists and other cultural professionals participating in the direct provision of circus shows, amusement parks and other similar recreational services; d) artists and other cultural professionals participating in the direct provision of ballroom dancing and discotheque services and dance instructors.

4

Technical assistance 1. The EU Party shall endeavor to provide technical assistance to the Republics of the CA Party with the aim of contributing to the development of their cultural industries, the development and implementation of cultural policies, and the promotion of the production and exchange of cultural goods and services.

2. The Parties agree to cooperate, including through the facilitation of support, via different measures, including training, exchange of information, specialized knowledge and experience, advice on policy and legislation development, as well as on the use and transfer of technologies and technical knowledge. Technical assistance may also facilitate cooperation among private enterprises, non-governmental organizations, and public-private partnerships.

SECTORAL PROVISIONS

SECTION B

5

Audiovisual cooperation, including cinematography 1. The Parties shall encourage the negotiation of new co-production agreements, as well as the implementation of existing co-production agreements between one or several Member States of the European Union and one or several Republics of the CA Party.

2. The Parties, in accordance with their respective domestic legislation, shall facilitate the access of co-productions between one or several producers of the EU Party and one or several producers of the Republics of the CA Party to their respective markets, through appropriate measures, including the facilitation of support through the organization of festivals, seminars and similar initiatives.

3. Each Party shall favor, where appropriate, the promotion of its territory as a location for shooting cinematographic films and television programs.

4. The Parties, in accordance with their respective domestic legislation, shall examine and permit the import or temporary admission, as appropriate, of the materials and technical equipment necessary for cultural professionals from the territory of one Party to shoot cinematographic films and television programs in the territory of the other Party.

6

Performing arts 1. The Parties agree to cooperate, in accordance with their respective domestic legislation, including facilitating greater contact among performing arts practitioners in areas such as professional exchanges and training, which may include, among other things, participation in auditions (pruebas de selección), the development of contact networks and their promotion.

2. The Parties shall encourage joint productions in the field of performing arts between producers from one or several Member States of the European Union and from one or several Republics of the CA Party.

3. The Parties shall encourage the development of international standards on theater technology and the use of stage element signage. They shall facilitate cooperation to achieve this objective.

7

Publications The Parties agree to cooperate, in accordance with their respective domestic legislation, including facilitating the exchanges and dissemination of the publications of the other Party in areas such as:

  • a)the organization of fairs, seminars, literary events and similar events related to publications, including mobile structures for public readings; b) the facilitation of co-publishing and translations; c) the facilitation of professional exchanges and training for librarians, writers, translators, booksellers and publishers.
8

Protection of historic sites and monuments The Parties agree to cooperate, including through the facilitation of support to encourage exchanges of specialized knowledge and best practices concerning the protection of historic sites and monuments, bearing in mind the UNESCO world heritage mission. This includes the facilitation of exchanges of experts, collaboration on professional training, raising awareness among the local public, and advice on the protection of historic monuments and protected spaces, as well as on legislation and the implementation of measures related to heritage, particularly its integration into local life. Such cooperation shall be in accordance with the respective domestic legislation of the Parties.

FINAL PROVISIONS

SECTION C

9

Final provisions 1. The provisions of this Protocol shall apply between the EU Party and each of the Republics of the CA Party from the first day of the month following the date on which that Republic of the CA Party has deposited its instrument of ratification of the UNESCO Convention.

2. If all the Republics of the CA Party have deposited their instruments of ratification of the UNESCO Convention before the exchange of notifications referred to in Article 353(*), paragraphs 2 and 3, of Part V (General and Final Provisions) of this Agreement, the provisions of this Protocol shall apply from the entry into force of this Agreement.

(*) (Sinalevi Note: Through subsection 16) sub-subsection b) of the annex of International Treaty No. 9775 of 29 October 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on the 18th day of July 2019; its Annex, its Joint Declarations, and the Understanding reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama on Subsection 8 of the Annex of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland, and Central America, signed on 18 July 2019", it was agreed to indicate that neither Article 353 nor any reference to Article 353 is incorporated into this Agreement) SECRETARÍA GENERAL DEL SISTEMA DE LA INTEGRACIÓN CENTROAMERICANA (SG-SICA) CERTIFICACIÓN CDR/C/12/033 The undersigned Secretary General of the Sistema de la Integración Centroamericana (SICA), CERTIFIES: that the attached text is a faithful copy of the original "ACUERDO POR EL QUE SE ESTABLECE UNA ASOCIACIÓN ENTRE CENTROAMÉRICA, POR UN LADO, Y LA UNIÓN EUROPEA Y SUS ESTADOS MIEMBROS, POR OTRO", signed by Their Excellencies the Ministers of Foreign Affairs and Their Excellencies the Ministers of Economic Integration of the Republics of Guatemala, El Salvador, Honduras, Nicaragua, Costa Rica, and Panama; which was initialed on the twenty-ninth day of June two thousand twelve in the City of Tegucigalpa, Republic of Honduras. The certification of the Agreement consists of four hundred thirty-five usable sheets used on their front and back, and ten usable sheets, containing the signatures, used on their front. Its annexes consist of four thousand five hundred thirteen usable sheets used on their front and back. The Agreement and its Annexes are a faithful and exact copy of their original, which are deposited in this General Secretariat of SICA.

And for presentation to the Ministry of Foreign Affairs and Worship of the Republic of Costa Rica, this Certification is issued at the headquarters of the Secretaría General del Sistema de la Integración Centroamericana (SICA), in the city of San Salvador, Republic of El Salvador, on the ninth day of August two thousand twelve. Juan Daniel Alemán Gurdián Secretary General __________________________________________________________________________ Boulevard Orden de Malta #470 Urb. Santa Elena, Antiguo Cuscatlán, El Salvador, Centroamérica.

PBX : (503) 2248-8800 www.sica.int/sgsica [email protected] ASESORÍA JURÍDICA MINISTERIO DE COMERCIO EXTERIOR ______________________________________________________________________________________ ROBERTO GAMBOA CHAVERRI, DIRECTOR OF THE ASESORÍA JURÍDICA OF THE MINISTERIO DE COMERCIO EXTERIOR, CERTIFIES: That the preceding photocopies, numbered from one to four thousand nine hundred sixty-one, which bear the seal of the Dirección de Asesoría Legal of the Ministerio de Comercio Exterior, are faithful to the certification issued by Mr. Juan Daniel Alemán Gurdián, Secretary General of the Sistema de la Integración Centroamericana, in the City of San Salvador, Republic of El Salvador, on the ninth day of the month of August of the year two thousand twelve, of the authentic text signed in Spanish of the Agreement establishing an Association between Central America, on the one hand, and the European Union and its Member States, on the other, signed in Tegucigalpa, Honduras, on the twenty-ninth of June two thousand twelve, which is held in the institutional archives of the Ministerio de Comercio Exterior. IT IS CONFORM.

------------------------------------------------------------------------------------------------ This certification is issued in the city of San José, at ten o'clock on the ninth day of August of the year two thousand twelve.-------------------------

San José, 17 December 2012 DM-00743-12 Deputy Jeannette Ruiz Delgado Presidenta Comisión Permanente Especial de Relaciones Internacionales y Comercio Exterior Asamblea Legislativa Dear Madam Deputy:

In relation to expediente No. 18.563, "Ley de Aprobación del Acuerdo por el que se establece una Asociación entre Centroamérica, por un lado, y la Unión Europea y sus Estados Miembros, por otro; y la aprobación por parte de la República de Costa Rica de la Enmienda al Artículo XXI de la Convención sobre el Comercio Internacional de Especies Amenazadas de Fauna y Flora Silvestres, adoptada en reunión extraordinaria de la conferencia de las partes, en Gaborone, Botswana, el 30 de abril de 1983", I attach the diplomatic notes to which I referred before this Commission, on the 6th of December 2012.

Such notes allude to specific formal errors that were detected in the texts of the Agreement related to the other Central American countries (excepting the case of Costa Rica). In the case of Panama, these errors refer to the correct description of tariff heading 23.06, the numbering of a tariff subheading, and the correct reference to its tariff nomenclature. Furthermore, Panama and the other Central American countries deemed it pertinent to correct a formal error detected in the translation in their respective section of Annexes XI, XIII and XIV.

I must indicate that these formal corrections do not modify the rights and obligations assumed by our country and by the European Union within the framework of the negotiation and the Agreement whose approval is known by the Commission under your charge.

The exchanged notes are attached, where said errors and the respective courtesy translation of the text of the note sent by the General Secretariat of the European Union are recorded, for the purpose of incorporating them into the expediente.

Anabel González Ministra Tel: (506) 2299-4904 / Fax: (506) 2233-9176 / E-mail: [email protected] Apdo.: 297-1007 Centro Colón, San José, Costa Rica SECRETARÍA GENERAL DEL SISTEMA DE LA INTEGRACiÓN CENTROAMERICANA (SG - SICA) CERTIFICACiÓN CDRlC/121045 The Secretary General of the Sistema de la Integración Centroamericana (SICA). CERTIFIES: that the note with reference SICA-2-12-2012 dated 05 December 2012, was received from the Minister of Foreign Affairs of the Republic of Nicaragua in his capacity as Presidencia Pro Témpore, in which he requests the remittance of the certification of said notes to all the countries of Central America, which contain the list of errors found in the "Acuerdo por el que se establece una Asociación entre Centroamérica, por un lado, y la Unión Europea y sus Estados Miembros, por el otro".

Therefore, certified photocopies of the following notes are attached to this:

  • 1)Original note from the Ministerio de Fomento, Industria y Comercio of Nicaragua DMOSD-0408-10-12-JBC dated 30 October 2012. (two folios); 2) Original note from the Ministerio de Economía of the Republic of El Salvador, Ref: DIR/CARTA/12/527/JV dated 1 November 2012. (three folios); 3) Original note from the Secretaría de Industria y Comercio of the Republic of Honduras. DGIEP-517-2012 dated 1 November 2012. (two folios); 4) Original note from the Ministro de Comercio e Industrias of the Republic of Panama. D.M.-N-1907-12 dated 07 November 2012. (three folios); 5) Original note from the Ministro de Relaciones Exteriores of the Republic of Guatemala, 11-32079-2006 EB/gb 15400112212 dated 7 November 2012. (three folios); 6) Original note from the Acting Minister of Comercio Exterior of the Republic of Costa Rica DM-00647-12 dated 8 October 2012. (two folios) 7) Original Verbal Note in the English language from the General Secretariat of the Council of the European Union SGS12/011426, with the list of errors; dated 19 October 2012. (three folios).

The attached notes are faithful and exact copies of their originals submitted to this General Secretariat of SICA. This Certification is issued at the headquarters of the Secretaría General del Sistema de la Integración Centroamericana (SICA), in the city of San Salvador, Republic of El Salvador, on the seventeenth day of December two thousand twelve.

Esteemed Ministers:

I have the pleasure of addressing you in my capacity as Presidencia Pro Tempore of the Subsistema de Integracion Económica Centroamericana (PPT), in relation to the "Acuerdo por el que se establece una Asociación entre Centroamérica, por un lado, y la Unión Europea y sus Estados Miembros, por otro" (hereinafter, the Agreement), and specifically regarding the actions taken by some countries in the region to seek the prompt clarification of formal errors, found in the Spanish version of the text in its commercial part, specifically in Annexes I, XI, XIII and XIV of the Agreement, which are cited below:

I.The Government of the Republic of Panama understands that in the tariff elimination schedule of Panama, established in Annex 1 (List of Panama), page EU/CENTR-AM/Anexo I/es 1939, the correct description of tariff heading 23.06 should read as follows in its Spanish version: "Tortas y demás residuos sólidos de la extracción de grasas o aceites vegetales, incluso molidos o en "pellets", excepto los de las partidas 23.04 o 23.05.

II- The Government of the Republic of Panama understands that in the tariff elimination schedule of Panama, established in Annex 1 (List of Panama), page EU/CENTR-AM/Anexo I/es 2354, the correct numbering of the tariff subheading corresponding to "Fregaderos (piletas de lavar) y tinas de baños" is "6910.90.20".

III.The Government of the Republic of Panama understands that in the tariff elimination schedule of Panama, established in Annex I (List of Panama), pages EU/CENTR-AM//Anexo I/es 2167 to EU/CENTR-AA1/Anexol/es 2238 and pages EU/CENTR-AM/Anexo1/es/2427 to EU/CENTR-AM/Anexo I/es 2684, the heading of the first column of the table should read as follows in its Spanish version: "Código Panamá 2007".

IV- The Governments of the Republics of El Salvador, Nicaragua and Panama understand that in Annex Xl, pages EU/CENTR-AM/Anexo Xl/es 89, EU/CENTR-AM/Anexo Xl/es 201 and EU/CENTR-AM/Anexo Xl/es 244 respectively, paragraph 8 on each of these pages should read as follows in its Spanish version:

8 Los derechos y obligaciones que emanan de la presente lista de compromisos no tendrán efectos por si mismos y, por consiguiente, no confieren derechos directamente a las personas naturales o jurídicas individuales.

v- The Governments of the Republics of El Salvador, Guatemala, Honduras and Nicaragua understand that in Annex XlIl, pages EU/CENTR-AM/Anexo XIIIl/es 20, EU/CENTR-AM/AnexoXIl/es 62. EU/CENTR-AM/Anexo Xlll/es 89, EU/CENTR-AM/Anexo Xlll/es 114 respectively, paragraph 11 on each of these pages should read as follows in its Spanish version:

11. Los derechos y obligaciones que emanan de la presente lista de compromisos no tendrán efectos por sí mismos y, por consiguiente, no confieren derechos directamente a las personas naturales o jurídicas individuales VI.- The Government of the Republic of Panama understands that in Annex XIV page EU/CENTR-AM/Anexo XIV/es 85, paragraph 11 should read as follows in its Spanish version:

11. Los derechos y obligaciones que emanan de la presente lista de compromisos no tendrán efectos por sí mismos y, por consiguiente, no confieren derechos directamente a las personas naturales o jurídicas individuales.

In consultation and at the request of the Central American countries, this PPT arranged with the European Union the rectification of the cited formal errors, with the latter expressly accepting the corrections.

We would appreciate all Central American countries formally expressing their consent, so that all the Parties to the Agreement may proceed to make the requested clarifications, which shall be made solely in relation to the matters listed and do not affect the agreements reached between the Parties to the Agreement.

We take this opportunity to confirm the consent of the Government of the Republic of Nicaragua to the cited clarifications.

With the assurances of my highest consideration and esteem, I cordially greet you, The Ministry of Economy of El Salvador greets you in reference to note DMOSD-0408-10-12-IBC dated 30 October 2012 and signed by the Ministro de Fomento, Industria y Comercio of Nicaragua, Orlando Solórzano Delgadillo, in his capacity as Presidencia pro Témpore of the Subsistema de Integración Económica Centroamericana, related to the "Acuerdo por el que se establece una asociación entre Centroamérica por un lado y la Unión europea y sus Estados miembros, por otro" (hereinafter, the Agreement) and the clarification of formal errors found in the Spanish version of the text in its commercial part specifically in Annexes I, XI, XIII and XIV of the Agreement, and as indicated.

I have the pleasure of addressing you in my capacity as Presidencia Pro Témpore of the Subsistema de Integración Económica Centroamericana, in relation to the "Acuerdo por el que se establece una asociación entre Centroamérica, por un lado, y la Unión Europea y sus Estados Miembros, por otro" (hereinafter the Agreement). In this regard, several countries in the region have taken actions to seek the prompt clarification of formal errors found in the Spanish version of the text in its commercial part, specifically in Annexes I, XI, XIII and XIV of the Agreement, which are cited below:

I.The Government of the Republic of Panama understands that the tariff elimination schedule of Panama, established in Annex I (list of Panama), page EU/CENTR-AM/Anexo I/es 1939, the correct description of tariff heading 23.06 should read as follows in its Spanish version: "Tortas y demás residuos sólidos de la extracción de grasas o aceites vegetales, incluso molidos o en "pellets", excepto los de las partidas 23.04 ó 23.05".

II.The Government of the Republic of Panama understands that in the tariff elimination schedule of Panama, established in Annex I (List of Panama), page EU/CENTR-AM/Anexo 1/es 2354, the correct numbering of the tariff subheading corresponding to "Fregaderos (piletas de lavor) y tintas de baños" is "6910.90.20".

III.The Government of the Republic of Panama understands that in the tariff elimination schedule of Panama, established in Annex I (List of Panama), pages EU/CENTR-AM//lnexo I/es 2167 to EU/CENTR-AA1/Anexol/es 2238 and pages EU/CENTR-AM/Anexo1/es/2427 to EU/CENTR-AM/Anexo I/es 2684, the heading of the first column of the table should read as follows in its Spanish version: "Código Panamá 2007".

IV.The Governments of the Republics of El Salvador, Nicaragua and Panama understand that in Annex XI, pages EU/CENTR-AM/Anexo XI/es 89, EU/CENTR-AM/Anexo XI/es 201 and EU/CENTR-AM/Anexo XI/es 244 respectively, paragraph 8 on each of these pages should read as follows in its Spanish version:

8. Los derechos y obligaciones que emanan de la presente lista de compromisos no tendrán efectos por sí mismos y, por consiguiente, no confieren derechos directamente a las personas naturales o jurídicas individuales.

V.The Governments of the Republics of El Salvador, Guatemala, Honduras and Nicaragua understand that in Annex XIII, pages EU/CENTR-AM/Anexo XIII/es 20, EU/CENTR-AM/Anexo XIII/es 62, EU/CENTR-AM/Anexo XIII/es 89, EU/CENTR-AM/Anexo XIII/es 114 respectively, paragraph 11 on each of these pages should read as follows in its Spanish version:

11. Los derechos y obligaciones que emanan de la presente lista de compromisos no tendrán efectos por sí mismos y, por consiguiente, no confieren derechos directamente a las personas naturales o jurídicas individuales.

VI.The Government of the Republic of Panama understands that in Annex XIV, page EU/CENTR-AM/Anexo XIV/es 85, paragraph 11 should read as follows in its Spanish version:

11. Los derechos y obligaciones que emanan de la presente lista de compromisos no tendrán efectos por sí mismos y, por consiguiente, no confieren derechos directamente a las personas naturales o jurídicas individuales.

In consultation and at the request of the Central American countries, this PPT arranged with the European Union the rectification of the cited formal errors, with the latter expressly accepting the corrections.

We would appreciate all Central American countries formally expressing their consent, so that all the Parties to the Agreement may proceed to make the requested clarifications, which shall be made solely in relation to the matters listed and do not affect the agreements reached between the Parties to the Agreement.

We take this opportunity to confirm the consent of the Government of the Republic of Nicaragua to the cited clarifications." In relation to these matters, the Government of the Republic of El Salvador formally expresses its consent for proceeding with the clarifications of the cited formal errors.

With the assurances of my highest consideration and esteem.

The Secretary of State in the Despachos de Industria y Comercio of Honduras greets you in reference to note DMOSD-0408-10-12-J BC dated 30 October 2012 and signed by Orlando Solórzano Delgadillo in his capacity as Presidencia Pro Témpore of the Subsistema de Integración Económica Centroamericana, referring to the "Acuerdo por el que se establece una asociación entre Centroamérica, por un lado, y la Unión Europea y sus Estados Miembros, por otro" (hereinafter, the Agreement) and the clarification of formal errors found in the Spanish version of the text in its commercial part, specifically in Annexes I, XI, XIII and XIV of the Agreement, and as indicated:

"I have the pleasure of addressing you in my capacity as Presidencia Pro Tempore of the Subsistema de lntegracion Económica Centroamericana (PPT), in relation to the "Acuerdo por el que se establece una Asociación entre Centroamérica, por un lado, y la Unión Europea y sus Estados Miembros, por otro" (hereinafter the Agreement). In this regard, several countries in the region have taken actions to seek the prompt clarification of formal errors found in the Spanish version of the text in its commercial part, specifically in Annexes l, XI, XIII, XIV of the Agreement, which are cited below:

l. The Government of the Republic of Panama understands that in the tariff elimination schedule of Panama established in Annex I (List of Panama), page EU/CENTR-AM/Anexo I/es 1939, the correct description of tariff heading 23.06 should read as follows in its Spanish version: "Tortas y demás residuos sólidos de la extracción de grasas o aceites vegetales, incluso molidos o en "pellets", excepto los de las partidas 23.04 ó 23.05".

II.The Government of the Republic of Panama understands that in the tariff elimination schedule of Panama established in Annex I (List of Panama), page EU/CENTR-AM/Anexo I/es 2354, the correct numbering of the tariff subheading corresponding to "Fregaderos (piletas de lavar) y tinas de baños" is 6910.90.20.

III.The Government of the Republic of Panama understands that in Panama's tariff elimination schedule (programa de desgravación), set out in Annex I (List of Panama), pages EU/CENTR-AM//lnexo I/es 2167 to EU/CENTR-AA1/Anexol/es 2238 and pages EU/CENTR-AM/Anexo1/es/2427 to EU/CENTR-AM/Anexo I/es 2684, the heading of the first column of the table should read as follows in its Spanish version: "Código Panamá 2007."

IV- The Governments of the Republics of El Salvador, Nicaragua, and Panama understand that in Annex XI, pages EU/CENTR-AM/Anexo XI/es 89, EU/CENTR-AM/Anexo XI/es 201, and page EU/CENTR-AM/Anexo XI/es 244 respectively, paragraph 8 on each of these pages should read as follows in its Spanish version.

8. The rights and obligations arising from this list of commitments shall not be self-executing (no tendrán efectos por sí mismos), and consequently, shall not confer rights directly to individual natural or legal persons.

V - The Governments of the Republics of El Salvador, Guatemala, Honduras, and Nicaragua understand that in Annex XIII, pages EU/CENTR-AM/Anexo Xllll/es 20, EU/CENTR-AM/Anexo Xllll/es 62, EU/CENTR-AM/Anexo Xllll/es 89, EU/CENTR-AM/Anexo Xllll/es 114 respectively, paragraph 11 on each of these pages should read as follows in its Spanish version.

11. The rights and obligations arising from this list of commitments shall not be self-executing (no tendrán efectos por sí mismos), and consequently, shall not confer rights directly to individual natural or legal persons.

VI.- The Government of the Republic of Panama understands that in Annex XIV, page EU/CENTR-AM/Anexo XIV/es 85, paragraph 11 should read as follows in its Spanish version.

11. The rights and obligations arising from this list of commitments shall not be self-executing (no tendrán efectos por sí mismos), and consequently, shall not confer rights directly to individual natural or legal persons.

In consultation with and at the request of the Central American countries, this PPT managed the rectification of the cited formal errors (errores de forma) before the European Union, with the latter expressly stating its acceptance of the corrections.

We would appreciate all the Central American countries formally expressing their consent so that all the Parties to the Agreement can proceed to make the requested clarifications, which will be made solely in relation to the listed matters and do not affect the agreements reached between the Parties to the Agreement.

We take this opportunity to confirm the consent of the Government of the Republic of Nicaragua to the cited clarifications." In relation to these matters, the Government of the Republic of Honduras formally expresses its consent to proceed with the clarifications of the listed formal errors (errores de forma).

With the assurances of my highest consideration and esteem, Esteemed Madam Minister and Sirs Ministers:

The Ministry of Commerce and Industries of Panama greets you in reference to Note DMOSD-0408-12-JBC dated October 30, 2012, and signed by Mr. Orlando Solórzano Delgadillo, Minister of Development, Industry, and Commerce of Nicaragua, in his capacity as President Pro Tempore of the Subsystem of Central American Economic Integration, on the one hand, and the European Union and its Member States, on the other (hereinafter, the Agreement), and the clarification of formal errors (errores de forma) found in the Spanish version of the text in its trade part, specifically in Annexes I, XI, XIII, and XIV of the Agreement, and which states:

I have the pleasure of addressing you in my capacity as President pro Tempore of the Subsystem of Central American Economic Integration (PPT), in relation to the Agreement establishing an Association between Central America, on the one hand, and the European Union and its Member States, on the other (hereinafter, the Agreement), and specifically in the efforts made by some countries of the region to seek the prompt clarification of formal errors (errores de forma), found in the Spanish version of the text in its trade part, specifically in Annexes I, XI, XIII, and XIV of the Agreement, which are cited below:

I.The Government of the Republic of Panama understands that in Panama's tariff elimination schedule (programa de desgravación), set out in Annex I (List of Panama), page EU/CENTR-AM/Anexo I/es 1939, the correct description of tariff heading (partida arancelaria) 23.06 should read as follows in its Spanish version: "Tortas y demás residuos solidos de la extraccion de grasas o aceites vegetales, incluso molidos o en 'pellets', excepto los de las partidas 23.04 ó 23.05."

II.The Government of the Republic of Panama understands that in Panama's tariff elimination schedule (programa de desgravación), set out in Annex I (List of Panama), page EU/CENTR-AM/Anexo I/es 2354, the correct numbering of the tariff subheading (inciso arancelario) corresponding to "Fregaderos (piletas de lavar) y tinas de baños" is 6910.90.20.

III.The Government of the Republic of Panama understands that in Panama's tariff elimination schedule (programa de desgravación), set out in Annex I (List of Panama), pages EU/CENTR-AM//lnexo I/es 2167 to EU/CENTR-AA1/Anexol/es 2238 and pages EU/CENTR-AM/Anexo1/es/2427 to EU/CENTR-AM/Anexo I/es 2684, the heading of the first column of the table should read as follows in its Spanish version: "Código Panamá 2007."

IV- The Governments of the Republics of El Salvador, Nicaragua, and Panama understand that in Annex XI, pages EU/CENTR-AM/Anexo XI/es 89, EU/CENTR-AM/Anexo XI/es 201, and page EU/CENTR-AM/Anexo XI/es 244 respectively, paragraph 8 on each of these pages should read as follows in its Spanish version.

8. The rights and obligations arising from this list of commitments shall not be self-executing (no tendrán efectos por sí mismos), and consequently, shall not confer rights directly to individual natural or legal persons.

V - The Governments of the Republics of El Salvador, Guatemala, Honduras, and Nicaragua understand that in Annex XIII, pages EU/CENTR-AM/Anexo Xllll/es 20, EU/CENTR-AM/Anexo Xllll/es 62, EU/CENTR-AM/Anexo Xllll/es 89, EU/CENTR-AM/Anexo Xllll/es 114 respectively, paragraph 11 on each of these pages should read as follows in its Spanish version.

11. The rights and obligations arising from this list of commitments shall not be self-executing (no tendrán efectos por sí mismos), and consequently, shall not confer rights directly to individual natural or legal persons.

VI.- The Government of the Republic of Panama understands that in Annex XIV, page EU/CENTR-AM/Anexo XIV/es 85, paragraph 11 should read as follows in its Spanish version.

11. The rights and obligations arising from this list of commitments shall not be self-executing (no tendrán efectos por sí mismos), and consequently, shall not confer rights directly to individual natural or legal persons.

In consultation with and at the request of the Central American countries, this PPT managed the rectification of the cited formal errors (errores de forma) before the European Union, with the latter expressly stating its acceptance of the corrections.

We would appreciate all the Central American countries formally expressing their consent so that all the Parties to the Agreement can proceed to make the requested clarifications, which will be made solely in relation to the listed matters and do not affect the agreements reached between the Parties to the Agreement.

We take this opportunity to confirm the consent of the Government of the Republic of Nicaragua to the cited clarifications." In relation to these matters, the Government of the Republic of Panama formally expresses its consent to proceed with the clarifications of the listed formal errors (errores de forma).

With the assurances of my highest consideration and esteem, Esteemed Madam Minister and Sirs Ministers:

The Ministry of Commerce and Industries of Guatemala greets you in reference to Note DMOSD-0408-12-JBC dated October 30, 2012, and signed by Mr. Orlando Solórzano Delgadillo, Minister of Development, Industry, and Commerce of Nicaragua, in his capacity as President Pro Tempore of the Subsystem of Central American Economic Integration, on the one hand, and the European Union and its Member States, on the other (hereinafter, the Agreement), and the clarification of formal errors (errores de forma) found in the Spanish version of the text in its trade part, specifically in Annexes I, XI, XIII, and XIV of the Agreement, and which states:

I have the pleasure of addressing you in my capacity as President pro Tempore of the Subsystem of Central American Economic Integration (PPT), in relation to the Agreement establishing an Association between Central America, on the one hand, and the European Union and its Member States, on the other (hereinafter, the Agreement), and specifically in the efforts made by some countries of the region to seek the prompt clarification of formal errors (errores de forma), found in the Spanish version of the text in its trade part, specifically in Annexes I, XI, XIII, and XIV of the Agreement, which are cited below:

I.The Government of the Republic of Panama understands that in Panama's tariff elimination schedule (programa de desgravación), set out in Annex I (List of Panama), page EU/CENTR-AM/Anexo I/es 1939, the correct description of tariff heading (partida arancelaria) 23.06 should read as follows in its Spanish version: "Tortas y demás residuos solidos de la extraccion de grasas o aceites vegetales, incluso molidos o en 'pellets', excepto los de las partidas 23.04 ó 23.05."

II.The Government of the Republic of Panama understands that in Panama's tariff elimination schedule (programa de desgravación), set out in Annex I (List of Panama), page EU/CENTR-AM/Anexo I/es 2354, the correct numbering of the tariff subheading (inciso arancelario) corresponding to "Fregaderos (piletas de lavar) y tinas de baños" is 6910.90.20.

III.The Government of the Republic of Panama understands that in Panama's tariff elimination schedule (programa de desgravación), set out in Annex I (List of Panama), pages EU/CENTR-AM//lnexo I/es 2167 to EU/CENTR-AA1/Anexol/es 2238 and pages EU/CENTR-AM/Anexo1/es/2427 to EU/CENTR-AM/Anexo I/es 2684, the heading of the first column of the table should read as follows in its Spanish version: "Código Panamá 2007."

IV- The Governments of the Republics of El Salvador, Nicaragua, and Panama understand that in Annex XI, pages EU/CENTR-AM/Anexo XI/es 89, EU/CENTR-AM/Anexo XI/es 201, and page EU/CENTR-AM/Anexo XI/es 244 respectively, paragraph 8 on each of these pages should read as follows in its Spanish version.

8. The rights and obligations arising from this list of commitments shall not be self-executing (no tendrán efectos por sí mismos), and consequently, shall not confer rights directly to individual natural or legal persons.

V - The Governments of the Republics of El Salvador, Guatemala, Honduras, and Nicaragua understand that in Annex XIII, pages EU/CENTR-AM/Anexo Xllll/es 20, EU/CENTR-AM/Anexo Xllll/es 62, EU/CENTR-AM/Anexo Xllll/es 89, EU/CENTR-AM/Anexo Xllll/es 114 respectively, paragraph 11 on each of these pages should read as follows in its Spanish version.

11. The rights and obligations arising from this list of commitments shall not be self-executing (no tendrán efectos por sí mismos), and consequently, shall not confer rights directly to individual natural or legal persons.

VI.- The Government of the Republic of Panama understands that in Annex XIV, page EU/CENTR-AM/Anexo XIV/es 85, paragraph 11 should read as follows in its Spanish version.

11. The rights and obligations arising from this list of commitments shall not be self-executing (no tendrán efectos por sí mismos), and consequently, shall not confer rights directly to individual natural or legal persons.

In consultation with and at the request of the Central American countries, this PPT managed the rectification of the cited formal errors (errores de forma) before the European Union, with the latter expressly stating its acceptance of the corrections.

We would appreciate all the Central American countries formally expressing their consent so that all the Parties to the Agreement can proceed to make the requested clarifications, which will be made solely in relation to the listed matters and do not affect the agreements reached between the Parties to the Agreement.

We take this opportunity to confirm the consent of the Government of the Republic of Nicaragua to the cited clarifications." In relation to these matters, the Government of the Republic of Guatemala formally expresses its consent to proceed with the clarifications of the listed formal errors (errores de forma).

The Government of the Republic of Guatemala understands that the transcribed Note, this present Note, and the acceptance of the pertinent corrections by the European Union form an integral part of the Agreement, and will enter into force for Guatemala in the same manner and jointly with it.

With the assurances of my highest consideration and esteem, The Ministry of Foreign Trade of Costa Rica greets you in reference to Note DMOSD-0408-12-JBC dated October 30, 2012, and signed by Mr. Orlando Solórzano Delgadillo, Minister of Development, Industry, and Commerce of Nicaragua, in his capacity as President Pro Tempore of the Subsystem of Central American Economic Integration, on the one hand, and the European Union and its Member States, on the other (hereinafter, the Agreement), and the clarification of formal errors (errores de forma) found in the Spanish version of the text in its trade part, specifically in Annexes I, XI, XIII, and XIV of the Agreement, and which states:

I have the pleasure of addressing you in my capacity as President pro Tempore of the Subsystem of Central American Economic Integration (PPT), in relation to the Agreement establishing an Association between Central America, on the one hand, and the European Union and its Member States, on the other (hereinafter, the Agreement), and specifically in the efforts made by some countries of the region to seek the prompt clarification of formal errors (errores de forma), found in the Spanish version of the text in its trade part, specifically in Annexes I, XI, XIII, and XIV of the Agreement, which are cited below:

I.The Government of the Republic of Panama understands that in Panama's tariff elimination schedule (programa de desgravación), set out in Annex I (List of Panama), page EU/CENTR-AM/Anexo I/es 1939, the correct description of tariff heading (partida arancelaria) 23.06 should read as follows in its Spanish version: "Tortas y demás residuos solidos de la extraccion de grasas o aceites vegetales, incluso molidos o en 'pellets', excepto los de las partidas 23.04 ó 23.05."

II.The Government of the Republic of Panama understands that in Panama's tariff elimination schedule (programa de desgravación), set out in Annex I (List of Panama), page EU/CENTR-AM/Anexo I/es 2354, the correct numbering of the tariff subheading (inciso arancelario) corresponding to "Fregaderos (piletas de lavar) y tinas de baños" is 6910.90.20.

III.The Government of the Republic of Panama understands that in Panama's tariff elimination schedule (programa de desgravación), set out in Annex I (List of Panama), pages EU/CENTR-AM//lnexo I/es 2167 to EU/CENTR-AA1/Anexol/es 2238 and pages EU/CENTR-AM/Anexo1/es/2427 to EU/CENTR-AM/Anexo I/es 2684, the heading of the first column of the table should read as follows in its Spanish version: "Código Panamá 2007."

IV- The Governments of the Republics of El Salvador, Nicaragua, and Panama understand that in Annex XI, pages EU/CENTR-AM/Anexo XI/es 89, EU/CENTR-AM/Anexo XI/es 201, and page EU/CENTR-AM/Anexo XI/es 244 respectively, paragraph 8 on each of these pages should read as follows in its Spanish version.

8. The rights and obligations arising from this list of commitments shall not be self-executing (no tendrán efectos por sí mismos), and consequently, shall not confer rights directly to individual natural or legal persons.

V - The Governments of the Republics of El Salvador, Guatemala, Honduras, and Nicaragua understand that in Annex XIII, pages EU/CENTR-AM/Anexo Xllll/es 20, EU/CENTR-AM/Anexo Xllll/es 62, EU/CENTR-AM/Anexo Xllll/es 89, EU/CENTR-AM/Anexo Xllll/es 114 respectively, paragraph 11 on each of these pages should read as follows in its Spanish version.

11. The rights and obligations arising from this list of commitments shall not be self-executing (no tendrán efectos por sí mismos), and consequently, shall not confer rights directly to individual natural or legal persons.

VI.- The Government of the Republic of Panama understands that in Annex XIV, page EU/CENTR-AM/Anexo XIV/es 85, paragraph 11 should read as follows in its Spanish version.

11. The rights and obligations arising from this list of commitments shall not be self-executing (no tendrán efectos por sí mismos), and consequently, shall not confer rights directly to individual natural or legal persons.

In consultation with and at the request of the Central American countries, this PPT managed the rectification of the cited formal errors (errores de forma) before the European Union, with the latter expressly stating its acceptance of the corrections.

We would appreciate all the Central American countries formally expressing their consent so that all the Parties to the Agreement can proceed to make the requested clarifications, which will be made solely in relation to the listed matters and do not affect the agreements reached between the Parties to the Agreement.

We take this opportunity to confirm the consent of the Government of the Republic of Nicaragua to the cited clarifications." In relation to these matters, the Government of the Republic of Costa Rica formally expresses its consent to proceed with the clarifications of the listed formal errors (errores de forma).

With the assurances of my highest consideration and esteem, LIST OF ERRORS List of Panama

Page No. EU/CENTR/AM/AnexoI/es 2354 It reads:

906910.90.20 Fregaderos (piletas de lavar) y tinas de baños 15 E 10% Should Read:

Should read:

6910.90.20 Fregaderos (piletas de lavar) y tinas de baños 15 E 10% Should Read:

Page No. EU/CENTR-AM/Anexo I/es 1939 It reads:

23.06 TORTAS Y DEMÁS RESIDUOS SÓLIDOS DE LA EXTRACCIÓN DE GRASAS O ACEITES VEGETALES, INCLUSO MOLIDOS O EN "PELLETS", EXCEPTO LOS DE LAS PARTIDAS 23.04 ó 23.051 Should read:

23.06 TORTAS Y DEMÁS RESIDUOS SÓLIDOS DE LA EXTRACCIÓN DE GRASAS O ACEITES VEGETALES, INCLUSO MOLIDOS O EN "PELLETS", EXCEPTO LOS DE LAS PARTIDAS 23.04 ó 23.05 Pages No. EU/CENTR-AM/AnexoI/es 2167 to EU/CENTR-AM/Anexo I/es 2238 EU/CENTR-AM/Anexo I/2427 to EU/CENTRO/AnnexI/es 2684 It reads:

Código SAC 2007 Descripción Should read:

Código Panamá 2007 Descripción List of CA

LIST OF COMMITMENTS ON CROSS-BORDER SUPPLY OF SERVICES It reads: "... no tendrán efectos jurídicos..." Should read: "... no tendrán efectos por sí mismos."

CountryLocation of errorPage No.
El SalvadorParagraph 8EU/CENTR-AM/Anexo XI/es 89
NicaraguaParagraph 8EU/CENTR-AM/Anexo XI/ es 201
PanamaParagraph 8EU/CENTR-AM/Anexo XI/ es 244

LIST OF COMMITMENTS OF THE REPUBLICS OF THE CA PARTY ON KEY PERSONNEL AND GRADUATE TRAINEES It reads: ". no tendrán efectos jurídicos." Should read: ". no tendrán efectos por sí mismo."

CountryLocation of errorPage No.
El SalvadorParagraph 11EU/CENTR-AM/Anexo XIII/es 89
GuatemalaParagraph 11EU/CENTR-AM/Anexo XIII/ es 62
HondurasParagraph 11EU/CENTR-AM/Anexo XIII/ es 89
NicaraguaParagraph 11EU/CENTR-AM/Anexo XIII/es 114

LIST OF COMMITMENTS OF THE REPUBLICS OF THE CA PARTY ON CONTRACTUAL SERVICE SUPPLIERS It reads: "... no tendrán efectos jurídicos..." Should read: ". no tendrán efectos por sí mismos." Panama Paragraph 11 EU/CENTR-AM/Anexo XIV/es 85 ROBERTO GAMBOA CHAVERRI, DIRECTOR OF THE LEGAL ADVISORY OFFICE OF THE MINISTRY OF FOREIGN TRADE, CERTIFIES: That the foregoing photocopies, numbered from one to twenty, which bear the stamp of the Directorate of Legal Advisory of the Ministry of Foreign Trade, are faithful copies of the certification COR/C/doce/cero cuarenta y cinco, issued by the General Secretariat of the Central American Integration System (SICA), in the City of San Salvador, Republic of El Salvador, on the seventeenth day of the month of December of the year two thousand twelve, by which it certifies the texts of the notes issued by the countries of Central America and the General Secretariat of the Council of the European Union, which are detailed as follows: -------.---------------------------------------------------.,-------- --------------------------------- Note from the Ministry of Development, Industry, and Commerce of Nicaragua, number OMOSD-cero cuatrocientos ocho-diez-doce-JBC, dated October thirty, two thousand twelve.--- ---------------- Note from the Ministry of Economy of the Republic of El Salvador, number Ref: DIR/CARTA/doce/quinientos veintisiete/N, dated November first, two thousand twelve. ----- Note from the Secretariat of Industry and Commerce of the Republic of Honduras, number OGIEPC- quinientos diecisiete-dos mil doce, dated November first, two thousand twelve.------------------ --Note from the Ministry of Commerce and Industries of the Republic of Panama, number O.M.-N-mil novecientos siete-doce, dated November seventh, two thousand twelve.----­------------------------------- Note from the Ministry of Foreign Affairs of the Republic of Guatemala, dated November seventh, two thousand twelve. -----------------------------------------------------------------­ Note from the Ministry of Foreign Trade of the Republic of Costa Rica, number DM­ cero cero seiscientos cuarenta y siete-doce, dated October eighth, two thousand twelve.--------------------------- Verbal Note in the English language from the General Secretariat of the Council of the European Union, number SGS doce/cero once mil cuatrocientos veintiséis, dated October nineteenth, two thousand twelve, which encloses the list of errors in the Spanish language. IS CONFORMING. ---------------- This certification is issued for the purpose of its referral to the Legislative Assembly, in the city of San José, at fourteen hours on the seventeenth day of the month of December of the year two thousand twelve.-- COURTESY TRANSLATION COUNCIL OF THE EUROPEAN UNION GENERAL SECRETARIAT SGS12/01426 VERBAL NOTE The General Secretariat of the Council of the European Union presents its compliments to the Central American parties to the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America, on the other, signed in Tegucigalpa on June 29, 2012, and has the honor to refer to the identification of, and requests for correction of, certain errors in the Spanish language version of this Agreement, as detailed in a letter addressed to the Head of the Agreements Office of the Council of the European Union from Nicaragua (in its capacity as President pro Tempore of SICA), dated October 8, 2012, Ref. No. MIFIC-DGCE-JBC-0409-10-12-CMM, as well as the errors listed in the annex attached hereto.

After a review of the foregoing, the General Secretariat of the Council, in its capacity as co-depositary of the above-mentioned Agreement, has the honor to confirm that the requests for correction of these errors are valid and are hereby accepted. In this regard, the General Secretariat of the Council will proceed with the correction of these errors in due course.

The General Secretariat of the Council of the European Union avails itself of this opportunity to renew to the Central American parties to the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America, on the other, the expression of its highest consideration.

London(*), October 19, 2012 (*) (Its designation thus substituted by the section of the Joint Declarations "Joint Declaration on Mutatis Mutandis" of the annex to International Treaty No. 9775 of October 29, 2019, "Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed in Managua, Nicaragua, on the 18th day of July 2019; its Annex, its Joint Declarations, and the Understanding Reached between the Delegations of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama on Section 8 of the Annex to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed on July 18, 2019". Previously indicated as "Brussels") Enclosed: Annex Copy: SICA General Secretariat

ANNEX

Sincerely,

Annex I

Annex XI

Annex XIII

Annex XIV

Artículos

en la totalidad del texto - Texto Completo Norma 9154 Acuerdo que establece asociación entre Centroamérica y la Unión Europea y sus Estados miembros Texto Completo acta: 131ACD N° 9154 (Nota de Sinalevi: Mediante decreto ejecutivo Nº 37785 del 04 de julio del 2013, la República de Costa Rica ratificó el presente Acuerdo) (Nota de Sinalevi: De conformidad con la resolución RES-DGA-314-2013 del 8 de octubre del 2013, de la Dirección General de Aduanas, el presente instrumento entró en vigencia el 1° de octubre del 2013) LA ASAMBLEA LEGISLATIVA DE LA REPÚBLICA DE COSTA RICA

APROBACIÓN DEL ACUERDO POR EL QUE SE ESTABLECE UNA ASOCIACIÓN ENTRE CENTROAMÉRICA, POR UN LADO, Y LA UNIÓN EUROPEA Y SUS ESTADOS MIEMBROS, POR OTRO, Y APROBACIÓN POR PARTE DE LA REPÚBLICA DE COSTA RICA DE LA ENMIENDA AL ARTÍCULO XXI DE LA CONVENCIÓN SOBRE EL COMERCIO INTERNACIONAL DE ESPECIES AMENAZADAS DE FAUNA Y FLORA SILVESTRES, ADOPTADA EN REUNIÓN EXTRAORDINARIA DE LA CONFERENCIA DE LAS PARTES, EN GABORONE, BOTSWANA, EL 30 DE ABRIL DE 1983

Decretos que afectan

  • Decreto Ejecutivo 39586 Reglamento a los Impuestos de salidas del Territorio Nacional por vía Terrestre creados por Ley N° 9154 Reglamentación · Expreso · 11/01/2016
  • Decreto Ejecutivo 37821 Reglamento para la emisión de los Certificados de Exportación de Banano y de Productos Textiles f de Confección a la Unión Europeay al Reino Unido Reglamentación Parcial · Expreso · 05/09/2013

DECRETA:

1

El texto es el siguiente:

ACUERDO POR EL QUE SE ESTABLECE UNA ASOCIACIÓN ENTRE CENTROAMÉRICA, POR UN LADO, Y LA UNIÓN EUROPEA Y SUS ESTADOS MIEMBROS, POR OTRO LA REPÚBLICA DE COSTA RICA, LA REPÚBLICA DE EL SALVADOR, LA REPÚBLICA DE GUATEMALA, LA REPÚBLICA DE HONDURAS, LA REPÚBLICA DE NICARAGUA, LA REPÚBLICA DE PANAMÁ, en lo sucesivo "Centroamérica", por un lado, y EL REINO DE BÉLGICA, LA REPÚBLICA DE BULGARIA, LA REPÚBLICA CHECA, EL REINO DE DINAMARCA, LA REPÚBLICA FEDERAL DE ALEMANIA, LA REPÚBLICA DE ESTONIA, IRLANDA, LA REPÚBLICA HELÉNICA, EL REINO DE ESPAÑA, LA REPÚBLICA FRANCESA, LA REPÚBLICA ITALIANA, LA REPÚBLICA DE CHIPRE, LA REPÚBLICA DE LETONIA, LA REPÚBLICA DE LITUANIA, EL GRAN DUCADO DE LUXEMBURGO, HUNGRÍA, MALTA, EL REINO DE LOS PAÍSES BAJOS, LA REPÚBLICA DE AUSTRIA, LA REPÚBLICA DE POLONIA, LA REPÚBLICA PORTUGUESA, RUMANÍA, LA REPÚBLICA DE ESLOVENIA, LA REPÚBLICA ESLOVACA, LA REPÚBLICA DE FINLANDIA, EL REINO DE SUECIA, EL REINO UNIDO DE GRAN BRETAÑA E IRLANDA DEL NORTE, Partes contratantes del Tratado de la Unión Europea y del Tratado de Funcionamiento de la Unión Europea, en lo sucesivo "los Estados miembros de la Unión Europea", y LA UNIÓN EUROPEA, por el otro, CONSIDERANDO los lazos históricos, culturales, políticos, económicos y sociales que tradicionalmente han existido entre las Partes y el deseo de fortalecer sus relaciones fundamentadas en principios y valores comunes, basándose en los mecanismos existentes que rigen las relaciones entre las Partes, así como el deseo de consolidar, profundizar y diversificar los vínculos birregionales en ámbitos de interés común en un espíritu de respeto mutuo, igualdad, no discriminación, solidaridad y beneficio mutuo; CONSIDERANDO el desarrollo positivo de el Reino Unido y las Repúblicas de la Parte CA(*) durante los dos últimos decenios, que ha posibilitado el fomento de objetivos e intereses comunes para emprender una nueva fase de relaciones, más profundas, modernas y permanentes, con el fin de establecer una asociación birregional(**) que responda a los desafíos internos actuales, así como a las nuevas realidades internacionales; (*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "ambas regiones") (**) (Nota de Sinalevi: De conformidad con el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó indicar que la palabra "birregional" se tiene como no incorporado al presnete acuerdo antes mencionado.)

ENFATIZANDO la importancia que las Partes atribuyen a la consolidación del proceso de diálogo político y de cooperación económica instaurado hasta la fecha entre las Partes en el marco del Diálogo de San José, iniciado en 1984 y renovado en numerosas ocasiones desde entonces; RECORDANDO las conclusiones de la Cumbre de Viena de 2006, incluidos los compromisos asumidos por Centroamérica en cuanto a la profundización de la integración económica regional; RECONOCIENDO el progreso alcanzado en el proceso de integración económica centroamericana, como la ratificación del Convenio Marco para el Establecimiento de la Unión Aduanera Centroamericana y el Tratado sobre Inversión y Comercio de Servicios, así como la aplicación de un mecanismo jurisdiccional que garantice el cumplimiento de la legislación económica regional a lo largo de la región centroamericana; REAFIRMANDO su respeto a los principios democráticos y a los derechos humanos fundamentales establecidos en la Declaración Universal de Derechos Humanos; RECORDANDO su compromiso con los principios del Estado de Derecho y la buena gobernanza; BASÁNDOSE en el principio de la responsabilidad compartida y convencidos de la importancia de impedir el consumo de drogas ilícitas y de reducir sus efectos perjudiciales, incluyendo la lucha contra el cultivo, la producción, la transformación y el tráfico de drogas y sus precursores, así como contra el lavado de activos; OBSERVANDO que las disposiciones del presente Acuerdo que se encuentran dentro del ámbito de aplicación de la parte III, título V, del Tratado de Funcionamiento de la Unión Europea son vinculantes para el Reino Unido e Irlanda como Partes contratantes independientes, y no como parte de la Unión Europea, a no ser que la Unión Europea, junto con el Reino Unido, con Irlanda o con ambos notifiquen conjuntamente a las Repúblicas de la Parte CA que el Reino Unido o Irlanda están vinculados como parte de la Unión Europea, con arreglo a lo dispuesto en el Protocolo nº 21 sobre la posición del Reino Unido y de Irlanda respecto del espacio de Libertad, Seguridad y Justicia, anexo al Tratado de la Unión Europea y al Tratado de Funcionamiento de la Unión Europea. En caso de que el Reino Unido o Irlanda, o ambos, dejen de estar vinculados como parte de la Unión Europea con arreglo a lo dispuesto en el artículo 4 bis del Protocolo nº 21, la Unión Europea, junto con el Reino Unido, con Irlanda, o con ambos, informará inmediatamente a las Repúblicas de la Parte CA de cualquier cambio en su posición, en cuyo caso seguirán vinculados por las disposiciones del presente Acuerdo por derecho propio. Lo mismo se aplica a Dinamarca, de conformidad con el Protocolo anexo a dichos Tratados sobre la posición de Dinamarca; SUBRAYANDO su compromiso de trabajar conjuntamente en pro de la erradicación de la pobreza, la creación de empleo, el desarrollo equitativo y sostenible, incluyendo aspectos como la vulnerabilidad frente a los desastres naturales, la conservación y protección del medio ambiente y la biodiversidad, así como la integración progresiva de las Repúblicas de la Parte CA en la economía mundial; REAFIRMANDO la importancia que las Partes atribuyen a los principios y las normas por los que se rige el comercio internacional, en particular las que figuran en el Acuerdo de Marrakech por el que se establece la Organización Mundial del Comercio, de 15 de abril de 1994 (en lo sucesivo "el Acuerdo sobre la OMC"), y los acuerdos multilaterales adjuntos al Acuerdo sobre la OMC, así como la necesidad de aplicarlos de manera transparente y no discriminatoria; CONSIDERANDO la diferencia en el desarrollo económico y social que existe entre las Repúblicas de la Parte CA y la Reino Unido(*), y el objetivo común de fortalecer el proceso de desarrollo económico y social en Centroamérica; (*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "Parte UE") DESEANDO fortalecer sus relaciones económicas, en particular el comercio y la inversión, fortaleciendo y mejorando el nivel actual de acceso de las Repúblicas de la Parte CA al mercado de la Unión Europea, contribuyendo así al crecimiento económico en Centroamérica y a la reducción de las asimetrías entre el Reino Unido y las Repúblicas de la Parte CA(*); (*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "ambas regiones") CONVENCIDOS de que el presente Acuerdo creará un clima propicio para el crecimiento de relaciones económicas sostenibles entre estas, en particular en los sectores del comercio y la inversión, que son esenciales para lograr el desarrollo económico y social y la modernización e innovación tecnológica; SUBRAYANDO la necesidad de construir sobre la base de los principios, objetivos y mecanismos que rigen las relaciones entre el Reino Unido y las Repúblicas de la Parte CA(*), en particular el Acuerdo de Diálogo Político y Cooperación entre la Comunidad Europea y sus Estados miembros, y las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá, firmado en 2003 (en lo sucesivo denominado "el Acuerdo de Diálogo Político y Cooperación de 2003"), así como el Acuerdo Marco de Cooperación de 1993 firmado entre esas mismas partes; (Nota de Sinalevi: Mediante el aparte 1) sub aparte a) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó indicar que en el apartado que comienza con las palabras "SUBRAYANDO la necesidad de construir" no se incorpora al presente Acuerdo anteriormente referido) (*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "ambas regiones") CONSCIENTES de la necesidad de fomentar el desarrollo sostenible en el Reino Unido y las Repúblicas de la Parte CA(*) mediante una asociación de desarrollo en la que participen todas las partes interesadas, incluidos la sociedad civil y el sector privado, con arreglo a los principios enunciados en el Consenso de Monterrey y en la Declaración de Johannesburgo, así como en su plan de aplicación; (*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "ambas regiones") REAFIRMANDO que los Estados, en el ejercicio de su poder soberano de medioambientales y de desarrollo, deben promover el desarrollo sostenible; CONSCIENTES de la necesidad de establecer un diálogo integral sobre la migración para fortalecer la cooperación birregional en esta materia en el marco de las partes del presente Acuerdo relativas al Diálogo Político y la Cooperación, y asegurar una efectiva promoción y protección de los derechos humanos de todos los migrantes; RECONOCIENDO que ninguna disposición del presente Acuerdo se invocará ni se interpretará o entenderá de ningún modo como la definición de la posición de las Partes en las negociaciones comerciales bilaterales o multilaterales en curso o futuras; ENFATIZANDO la voluntad de cooperar en foros internacionales sobre cuestiones de interés mutuo; TENIENDO PRESENTES la asociación estratégica desarrollada entre la Unión Europea y América Latina y el Caribe en el marco de la Cumbre de Río de 1999, reafirmada en la Cumbre de Madrid de 2002, la Cumbre de Guadalajara de 2004, la Cumbre de Viena de 2006, la Cumbre de Lima de 2008 y la Cumbre de Madrid de 2010; (Nota de Sinalevi: Mediante el aparte 1) sub aparte b) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó indicar que en el apartado que comienza con las palabras "TENIENDO PRESENTES la asociación estratégica desarrollada" no se incorpora al presente Acuerdo.anteriormente referido) TOMANDO EN CUENTA la Declaración de Madrid de mayo de 2010; HAN DECIDIDO CELEBRAR EL PRESENTE ACUERDO:

PARTE I

NATURALEZA Y ÁMBITO DE APLICACIÓN DEL PRESENTE ACUERDO

DISPOSICIONES GENERALES E INSTITUCIONALES

TÍTULO I

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Principios 1. El respeto a los principios democráticos y a los derechos humanos fundamentales, establecidos en la Declaración Universal de Derechos Humanos, y al Estado de Derecho sustenta las políticas internas e internacionales de ambas Partes y constituye un elemento esencial del presente Acuerdo.

2. Las Partes confirman su compromiso con la promoción del desarrollo sostenible, que es un principio rector para la aplicación del presente Acuerdo, teniendo especialmente en cuenta los Objetivos de Desarrollo del Milenio. Las Partes velarán por que se logre un equilibrio adecuado entre los componentes económicos, sociales y medioambientales del desarrollo sostenible.

3. Las Partes reafirman su adhesión a la buena gobernanza y al Estado de Derecho, lo que supone, en particular, el imperio de la ley, la separación de los Poderes, la independencia del Poder Judicial, procedimientos claros de toma de decisiones por parte de las autoridades públicas, instituciones transparentes y responsables, la administración eficiente y transparente de los asuntos públicos a nivel local, regional y nacional, y la aplicación de medidas destinadas a prevenir y combatir la corrupción.

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Objetivos Las Partes acuerdan que los objetivos del presente Acuerdo son:

  • a)fortalecer y consolidar las relaciones entre las Partes a través de una asociación basada en tres partes interdependientes y fundamentales: el diálogo político, la cooperación y el comercio, sobre la base del respeto mutuo, la reciprocidad y el interés común. Para aplicar el presente Acuerdo se aprovecharán plenamente los acuerdos y mecanismos institucionales acordados por las Partes; b) desarrollar una asociación política privilegiada basada en valores, principios y objetivos comunes, en particular el respeto y la promoción de la democracia y los derechos humanos, el desarrollo sostenible, la buena gobernanza y el Estado de Derecho, con el compromiso de promover y proteger estos valores y principios a nivel mundial, de forma que contribuya a fortalecer el multilateralismo; c) mejorar la cooperación birregional en todos los ámbitos de interés común a fin de lograr un desarrollo social y económico más sostenible y equitativo en el Reino Unido y las Repúblicas de la Parte CA(*); (*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "ambas regiones") d) ampliar y diversificar la relación comercial birregional de las Partes de conformidad con el Acuerdo sobre la OMC y los objetivos específicos y las disposiciones que figuran en la parte IV del presente Acuerdo, lo cual debería contribuir a un mayor crecimiento económico, a la mejora gradual de la calidad de vida en el Reino Unido y las Repúblicas de la Parte CA(*) y a una mejor integración de las mismas en la economía mundial; (*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "ambas regiones") e) fortalecer y profundizar el proceso progresivo de la integración regional en Centroamércia(*) en ámbitos de interés común, como una forma de facilitar la aplicación del presente Acuerdo; (*) (Así insertada la frase anterior por el aparte 2) del anexo del Tratado Internacional N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019.") f) fortalecer las relaciones de buena vecindad y el principio de resolución pacífica de conflictos; g) mantener al menos, y preferentemente mejorar, el nivel de buena gobernanza, así como los niveles alcanzados en materia social, laboral y medio ambiental mediante la aplicación efectiva de los convenios internacionales de los cuales las Partes sean parte en el momento de la entrada en vigor del presente Acuerdo; y h) fomentar el incremento del comercio y la inversión entre las Partes, tomando en consideración el trato especial y diferenciado para reducir las asimetrías estructurales existentes entre el Reino Unido y las Repúblicas de la Parte CA(*).

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "ambas regiones")

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Ámbito de aplicación Las Partes se tratarán como iguales. Ninguna disposición del presente Acuerdo se interpretará de tal forma que menoscabe la soberanía de alguna República de la Parte CA.

MARCO INSTITUCIONAL

TÍTULO II

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Consejo de Asociación 1. Se establece un Consejo de Asociación que supervisará el cumplimiento de los objetivos del presente Acuerdo y la aplicación del mismo. El Consejo de Asociación se reunirá a nivel ministerial con intervalos regulares que no superen un período de cuatro(*) años, y de forma extraordinaria cuando lo requieran las circunstancias y si las Partes así lo acuerdan. El Consejo de Asociación se reunirá a nivel de Jefes de Estado o de Gobierno, cuando proceda y así lo hayan acordado las Partes. Además, para fortalecer el diálogo político y hacerlo más eficiente, se promoverán reuniones de trabajo ad hoc específicas.

(*) (Así reformada la frase anterior por el aparte 3) sub aparte a) del anexo del Tratado Internacional N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019.") 2. El Consejo de Asociación examinará cualquier cuestión importante que surja en el marco del presente Acuerdo, así como cualquier otra cuestión bilateral, multilateral o internacional de interés común.

3. El Consejo de Asociación también examinará las propuestas y recomendaciones de las Partes destinadas a mejorar las relaciones establecidas en el marco del presente Acuerdo.

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Composición y reglamento interno 1. El Consejo de Asociación estará compuesto por representantes de la Reino Unido(*) y de cada una de las Repúblicas de la Parte CA a nivel ministerial, de conformidad con las disposiciones internas respectivas de las Partes y tomando en consideración las cuestiones específicas (Diálogo Político, Cooperación y/o Comercio) que deban abordarse en cada sesión concreta.

2. El Consejo de Asociación establecerá su propio reglamento interno.

3. Los miembros del Consejo de Asociación podrán disponer lo necesario para ser representados, de conformidad con las condiciones establecidas en su reglamento interno.

4. La presidencia del Consejo de Asociación se ejercerá alternadamente por un representante de la Reino Unido(*), por un lado, y por un representante de una República de la Parte CA, por el otro, conforme a lo dispuesto en su reglamento interno.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "Parte UE")

6

Poder de decisión 1. Para alcanzar los objetivos del presente Acuerdo, el Consejo de Asociación tendrá la facultad de adoptar decisiones en los casos previstos en el presente Acuerdo.

2. Las decisiones adoptadas serán vinculantes para las Partes, que tomarán todas las medidas necesarias para ejecutarlas de conformidad con las normas internas y los procedimientos jurídicos de cada Parte.

3. El Consejo de Asociación podrá también formular las recomendaciones que considere oportunas.

4. El Consejo de Asociación adoptará sus decisiones y recomendaciones de común acuerdo entre las Partes. En el caso de las Repúblicas de la Parte CA, la adopción de las decisiones y las recomendaciones requerirá su consenso.

5. El procedimiento establecido en el apartado 4 se aplicará a todos los demás órganos creados mediante el presente Acuerdo.

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Comité de Asociación 1. El Consejo de Asociación estará asistido en el cumplimiento de sus deberes por un Comité de Asociación que estará compuesto por representantes de la Reino Unido(*) y de cada una de las Repúblicas de la Parte CA, a nivel de altos funcionarios, y tomando en consideración las cuestiones específicas (Diálogo Político, Cooperación y/o Comercio) que deban abordarse en cada sesión concreta.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "Parte UE") 2. El Comité de Asociación será responsable de la aplicación general del presente Acuerdo.

3. El Consejo de Asociación establecerá el reglamento interno del Comité de Asociación.

4. El Comité de Asociación estará facultado para adoptar decisiones en los casos previstos en el presente Acuerdo o cuando el Consejo de Asociación haya delegado en él tal facultad. En tal caso, el Comité de Asociación adoptará sus decisiones de conformidad con las condiciones establecidas en los artículos 4 al 6.

5. El Comité de Asociación se reunirá generalmente una vez al año para realizar una revisión global de la aplicación del presente Acuerdo, en una fecha y con un orden del día acordado previamente por las Partes, un año en Londres(*) y el siguiente en Centroamérica. Podrán convocarse reuniones extraordinarias, de común acuerdo y a petición de cualquiera de las Partes. El Comité de Asociación será presidido alternadamente por un representante de cada una de las Partes.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "Bruselas")

8

Subcomités 1. El Comité de Asociación estará asistido en el cumplimiento de sus funciones por los Subcomités establecidos en el presente Acuerdo.

2. El Comité de Asociación podrá decidir crear cualquier Subcomité adicional. Podrá decidir modificar las tareas asignadas o disolver cualquier Subcomité.

3. Los Subcomités se reunirán una vez al año o a petición de cualquiera de las Partes o del Comité de Asociación, a un nivel apropiado. Cuando las reuniones sean presenciales, se celebrarán alternadamente en Londres(*) o en Centroamérica. Las reuniones también se llevarán a cabo por cualquier medio tecnológico disponible para las Partes.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "Bruselas") 4. Los Subcomités serán presididos alternadamente por un representante de la Reino Unido(*), por un lado, y por un representante de una República de la Parte CA, por el otro, durante un período de un año.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "Parte UE") 5. La creación o existencia de un Subcomité no impedirá a las Partes plantear un asunto directamente al Comité de Asociación.

6. El Consejo de Asociación adoptará los reglamentos internos que determinarán la composición y las funciones de dichos Subcomités, así como su modo de funcionamiento, siempre que ello no esté previsto en el presente Acuerdo.

7. Se establece un Subcomité de Cooperación. Asistirá al Comité de Asociación en el desempeño de sus funciones relativas a la parte III del presente Acuerdo. Tendrá también las siguientes tareas:

  • a)atender cualquier asunto de cooperación que le haya encomendado el Comité de Asociación; b) dar seguimiento a la aplicación general de la parte III del presente Acuerdo; c) debatir sobre cualquier cuestión relacionada con la cooperación que pueda incidir en el funcionamiento de la parte III del presente Acuerdo.
9

Comité de Asociación Parlamentario 1. Las Partes podrán establecer un Comité de Asociación Parlamentario. Estará constituido por miembros del Parlamento del Reino Unido(*), por un lado, y por miembros del Parlamento Centroamericano (PARLACEN), y en el caso de las Repúblicas de la Parte CA que no sean miembros del Parlacen, por representantes designados por sus respectivos Congresos Nacionales, por el otro, quienes se reunirán e intercambiarán puntos de vista. Determinará la frecuencia de sus reuniones y será presidido alternadamente por uno de los dos lados.

(Así reformado el párrafo anterior por el aparte 3) sub aparte b) del anexo del Tratado Internacional N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019.") (*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parlamento Europeo") 2. El Comité de Asociación Parlamentario establecerá su reglamento interno.

3. El Comité de Asociación Parlamentario podrá solicitar al Consejo de Asociación la información pertinente sobre la aplicación del presente Acuerdo. El Consejo de Asociación proporcionará al Comité la información solicitada.

4. Se informará al Comité de Asociación Parlamentario sobre las decisiones y recomendaciones del Consejo de Asociación.

5. El Comité de Asociación Parlamentario podrá formular recomendaciones al Consejo de Asociación.

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Comité Consultivo Conjunto 1. Se establece un Comité Consultivo Conjunto como órgano consultivo del Consejo de Asociación. Su labor consistirá en presentar a dicho Consejo las opiniones de las organizaciones de la sociedad civil relacionadas con la aplicación del presente Acuerdo sin perjuicio de otros procesos con arreglo al artículo 11. Además, el Comité Consultivo Conjunto contribuirá a la promoción del diálogo y la cooperación entre las organizaciones de la sociedad civil de la Unión Europea y las de Centroamérica.

2. El Comité Consultivo Conjunto estará compuesto por un número igual de representantes del Comité Económico y Social Europeo, por un lado, y por representantes del Comité Consultivo del Sistema de la Integración Centroamericana (CC-SICA) y del Comité Consultivo de Integración Económica (CCIE), por el otro.

3. El Comité Consultivo Conjunto adoptará su reglamento interno.

(Nota de Sinalevi: Mediante el aparte 3) sub aparte c) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó indicar que este numeral no se incorpora al Acuerdo anteriormente referido)

11

Sociedad civil 1. Las Partes promoverán reuniones de representantes de las sociedades civiles de la Unión Europea y de Centroamérica, incluidos la comunidad académica, los interlocutores sociales y económicos y las organizaciones no gubernamentales.

2. Las Partes solicitarán reuniones periódicas con dichos representantes para informarles sobre la aplicación del presente Acuerdo y recibir sus propuestas al respecto.

PARTE II DIÁLOGO POLÍTICO

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Objetivos Las Partes acuerdan que los objetivos del diálogo político entre las Repúblicas de la Parte CA y la Reino Unido(*) son:

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "Parte UE") a) establecer una asociación política privilegiada basada principalmente en el respeto y la promoción de la democracia, la paz, los derechos humanos, el Estado de Derecho, la buena gobernanza y el desarrollo sostenible; b) defender valores, principios y objetivos comunes mediante su promoción a nivel internacional, en particular en las Naciones Unidas; c) fortalecer la Organización de las Naciones Unidas como el centro del sistema multilateral para permitirle enfrentar los desafíos globales efectivamente; d) intensificar el diálogo político para permitir un amplio intercambio de opiniones, posiciones e información que dé lugar a iniciativas conjuntas a nivel internacional; e) cooperar en los ámbitos de la política exterior y de seguridad, con el objetivo de coordinar sus posiciones y tomar iniciativas conjuntas de interés mutuo en los foros internacionales pertinentes.

13

Ámbitos 1. Las Partes acuerdan que el diálogo político abarcará todos los aspectos de interés mutuo tanto a nivel regional como internacional.

2. El diálogo político entre las Partes preparará el camino para nuevas iniciativas destinadas a conseguir objetivos comunes y establecer una base común en ámbitos como: la integración regional; el Estado de Derecho; la buena gobernanza; la democracia; los derechos humanos; la promoción y protección de los derechos y las libertades fundamentales de los pueblos y las personas indígenas, tal y como se reconocen en la Declaración de las Naciones Unidas sobre los Derechos de los Pueblos Indígenas; la igualdad de oportunidades y la igualdad de género; la estructura y orientación de la cooperación internacional; la migración; la reducción de la pobreza y la cohesión social; las normas laborales fundamentales; la protección del medio ambiente y la gestión sostenible de los recursos naturales; la seguridad y la estabilidad regionales, incluida la lucha contra la inseguridad ciudadana; la corrupción; las drogas; el crimen organizado transnacional; el tráfico de armas pequeñas y ligeras, así como de sus municiones; la lucha contra el terrorismo; la prevención y la solución pacífica de conflictos.

3. El diálogo en virtud de la parte II abarcará también los tratados internacionales sobre los derechos humanos, la buena gobernanza, las normas laborales fundamentales y el medio ambiente, con arreglo a los compromisos internacionales de las Partes, y planteará, en particular, la cuestión de su aplicación efectiva.

4. Las Partes podrán acordar en cualquier momento añadir cualquier otro tema como ámbito de diálogo político.

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Desarme 1. Las Partes acuerdan cooperar y contribuir a fortalecer el sistema multilateral en el ámbito del desarme de armas convencionales, mediante el pleno cumplimiento y la aplicación nacional de sus obligaciones vigentes en virtud de los tratados y acuerdos internacionales, y otros instrumentos internacionales relevantes en el ámbito del desarme de armas convencionales.

2. En particular, las Partes promoverán la plena aplicación y la universalización de la Convención sobre la Prohibición del Empleo, Almacenamiento, Producción y Transferencia de Minas Antipersonal y sobre su Destrucción, así como la Convención sobre Ciertas Armas Convencionales (CCAC) y sus protocolos.

3. Las Partes reconocen además que la producción, transferencia, y circulación ilícitas de armas pequeñas y ligeras, incluyendo sus municiones, así como su acumulación excesiva y propagación incontrolada, siguen planteando una grave amenaza para la paz y la seguridad internacional. Por tanto, acuerdan cooperar en la lucha contra el comercio ilícito y la acumulación excesiva de armas pequeñas y ligeras, incluyendo sus municiones, y acuerdan también trabajar conjuntamente para regular el comercio lícito de armas convencionales.

4. Por tanto, las Partes acuerdan respetar y aplicar plenamente sus obligaciones para abordar el comercio ilícito de armas pequeñas y ligeras, incluyendo sus municiones, en el marco de los acuerdos internacionales vigentes y de las resoluciones aplicables del Consejo de Seguridad de las Naciones Unidas, así como sus compromisos en el marco de otros instrumentos internacionales aplicables en este ámbito, como el Programa de Acción de las Naciones Unidas sobre Armas Pequeñas y Ligeras.

15

Armas de destrucción masiva 1. Las Partes consideran que la proliferación de armas de destrucción masiva nucleares, químicas y biológicas y sus vectores, para agentes tanto estatales como no estatales, representa una de las amenazas más graves para la estabilidad y la seguridad internacional.

2. Por tanto, las Partes acuerdan cooperar y contribuir en la lucha contra la proliferación de armas de destrucción masiva y sus vectores, mediante el pleno cumplimiento y la aplicación nacional de sus obligaciones vigentes en virtud de tratados y acuerdos internacionales de desarme y no proliferación, y otras obligaciones internacionales pertinentes.

3. Las Partes acuerdan que esta disposición constituye un elemento esencial del presente Acuerdo.

4. Las Partes acuerdan asimismo cooperar y contribuir al objetivo de no proliferación:

  • a)tomando los pasos necesarios para firmar, ratificar o adherirse, según proceda, y aplicar y cumplir plenamente todos los demás instrumentos internacionales pertinentes; b) estableciendo un sistema efectivo de controles nacionales de exportación que verifique la exportación y el tránsito de mercancías relacionadas con las armas de destrucción masiva, incluido el control de las tecnologías de doble aplicación en su uso final para armas de destrucción masiva, y que comprenda sanciones efectivas contra las infracciones en los controles de exportación.

5. Las Partes acuerdan establecer un diálogo político periódico que acompañe y consolide su cooperación en este ámbito.

16

Lucha contra el terrorismo 1. Las Partes reafirman la importancia de la lucha contra el terrorismo y, de conformidad con los derechos humanos, el Derecho humanitario y el Derecho de los refugiados reconocidos internacionalmente, los convenios y demás instrumentos internacionales pertinentes, las resoluciones de las Naciones Unidas sobre la materia y su legislación y normativa respectivas, así como con la Estrategia Global de las Naciones Unidas contra el Terrorismo que figura en la Resolución A/RES/60/288 de la Asamblea General de las Naciones Unidas, del 8 de septiembre de 2006, acuerdan cooperar en la prevención y la eliminación de los actos de terrorismo.

2. Esta colaboración se llevará a cabo principalmente:

  • a)en el marco de la plena aplicación de los convenios e instrumentos internacionales, incluidas todas las resoluciones de la Asamblea General de las Naciones Unidas y resoluciones del Consejo de Seguridad de las Naciones Unidas pertinentes; b) mediante el intercambio de información sobre grupos terroristas y sus redes de apoyo, de conformidad con el Derecho internacional y nacional; c) mediante la cooperación sobre los medios y métodos utilizados para combatir al terrorismo, incluidos los ámbitos técnicos y la formación y el intercambio de experiencias en materia de prevención del terrorismo y en el ámbito de la protección de los derechos humanos en la lucha contra el terrorismo; d) mediante el intercambio de puntos de vista sobre los marcos jurídicos y las mejores prácticas, así como asistencia técnica y administrativa; e) mediante el intercambio de información de conformidad con su legislación respectiva; f) mediante asistencia técnica y formación sobre métodos de investigación, tecnología de la información, y formulación de protocolos sobre prevención, alertas y respuesta efectiva a las amenazas o los actos terroristas; y g) mediante el intercambio de puntos de vista sobre modelos de prevención relacionados con otras actividades ilícitas ligadas al terrorismo, como el lavado de activos, el tráfico de armas de fuego, la falsificación de documentos de identidad y la trata de seres humanos, entre otras cosas.
17

Crímenes graves de trascendencia internacional 1. Las Partes reafirman que los crímenes más graves que preocupan a la comunidad internacional en su conjunto no deben quedar impunes y que debe garantizarse su proceso judicial mediante medidas, ya sean de nivel nacional o internacional, según proceda, incluyendo a la Corte Penal Internacional.

2. Las Partes consideran que el establecimiento y el funcionamiento efectivo de la Corte Penal Internacional constituye un avance importante para la paz y la justicia internacionales y que la Corte representa un instrumento efectivo para investigar y enjuiciar a los autores de los crímenes más graves que preocupan a la comunidad internacional en su conjunto cuando los tribunales nacionales no están dispuestos a hacerlo o no tengan la capacidad para hacerlo, dado el carácter complementario de la Corte Penal Internacional con las jurisdicciones penales nacionales.

3. Las Partes acuerdan cooperar para promover la adhesión universal al Estatuto de Roma mediante:

  • a)continuar realizando acciones para aplicar el Estatuto de Roma y ratificar y aplicar los instrumentos relacionados (como el Acuerdo sobre los Privilegios e Inmunidades de la Corte Penal Internacional); b) compartir jurídicos necesarios que permitan la ratificación y la aplicación del Estatuto de Roma; y c) adoptar medidas para salvaguardar la integridad del Estatuto de Roma.

4. Es decisión soberana de cada Estado decidir cuál es el momento más apropiado para adherirse al Estatuto de Roma.

18

Financiamiento para el desarrollo 1. Las Partes acuerdan apoyar los esfuerzos internacionales para promover políticas y normativas destinadas a financiar el desarrollo y a fortalecer la cooperación para alcanzar los objetivos de desarrollo acordados a nivel internacional, incluidos los Objetivos de Desarrollo del Milenio, así como los compromisos del Consenso de Monterrey y otros foros relacionados.

2. Para ello, y con el objetivo de promover unas sociedades más inclusivas, las Partes reconocen la necesidad de desarrollar mecanismos financieros nuevos e innovadores.

19

Migración 1. Las Partes reafirman la importancia que conceden a la gestión conjunta de los flujos migratorios entre sus territorios. Reconociendo que la pobreza es una de las causas fundamentales de la migración y con el objetivo de fortalecer la cooperación entre estas, entablarán un diálogo integral sobre todas las cuestiones referentes a la migración, como la migración irregular, los flujos de refugiados, el tráfico y la trata de seres humanos, e incluirán cuestiones conexas como la fuga de cerebros, en las estrategias nacionales para el desarrollo económico y social de las zonas de las que proceden los migrantes, teniendo en cuenta también los vínculos históricos y culturales existentes entre el Reino Unido y las Repúblicas de la Parte CA(*).

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "ambas regiones") 2. Las Partes acuerdan garantizar el goce efectivo, la protección y la promoción de los derechos humanos de todos los migrantes y los principios de equidad y transparencia en la igualdad de trato de los migrantes, y subrayan la importancia de luchar contra el racismo, la discriminación, la xenofobia y otras formas de intolerancia.

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Medio ambiente 1. Las Partes promoverán un diálogo en los ámbitos del medio ambiente y el desarrollo sostenible mediante el intercambio de información y estimulando iniciativas sobre cuestiones medioambientales a nivel local y mundial, reconociendo el principio de las responsabilidades comunes pero diferenciadas, como se establece en la Declaración de Río sobre el Medio Ambiente y el Desarrollo de 1992.

2. Este diálogo estará destinado, entre otras cosas, a combatir la amenaza del cambio climático, la conservación de la biodiversidad, la protección y la gestión sostenible de los bosques para, entre otras cosas, reducir las emisiones derivadas de la deforestación y la degradación de los bosques, la protección de los recursos hídricos y marinos, las cuencas y los humedales, la investigación y el desarrollo de combustibles alternativos y tecnologías de energías renovables, y la reforma de la gobernanza medioambiental con miras a aumentar su eficiencia.

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Seguridad ciudadana Las Partes dialogarán sobre la seguridad ciudadana, la cual es fundamental para promover el desarrollo humano, la democracia, la buena gobernanza y el respeto de los derechos humanos y las libertades fundamentales. Reconocen que la seguridad ciudadana trasciende las fronteras nacionales y regionales y, por consiguiente, requiere el impulso de un diálogo y una cooperación más amplios en esta materia.

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Buena gobernanza en materia fiscal Con miras a fortalecer y a desarrollar actividades económicas, y teniendo en cuenta la necesidad de desarrollar un marco normativo adecuado, las Partes reconocen y se comprometen a cumplir los principios comunes acordados internacionalmente relativos a la buena gobernanza en materia fiscal.

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Fondo Común de Crédito Económico y Financiero 1. Las Partes están de acuerdo en la importancia de redoblar esfuerzos para reducir la pobreza y apoyar el desarrollo de Centroamérica, en particular de sus zonas y poblaciones más pobres.

2. Por tanto, las Partes acuerdan negociar la creación de un mecanismo común económico y financiero, que incluya, entre otras cosas, la intervención del Banco Europeo de Inversiones (BEI), el Mecanismo de Inversión para América Latina (LAIF) y la asistencia técnica a través del programa de cooperación regional para Centroamérica. Dicho mecanismo contribuirá a la reducción de la pobreza, promoverá el desarrollo y el bienestar integral de Centroamérica e impulsará el crecimiento socioeconómico y la promoción de una relación equilibrada entre el Reino Unido y las Repúblicas de la Parte CA(*).

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "ambas regiones") 3. Para ello, se ha establecido un grupo de trabajo birregional. El mandato de este grupo será examinar la creación de dicho mecanismo, así como sus modalidades de funcionamiento.

(Nota de Sinalevi: Mediante el aparte 4) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó indicar que este numeral no se incorpora al Acuerdo anteriormente referido) PARTE III COOPERACIÓN

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Objetivos 1. El objetivo general de la cooperación es apoyar la aplicación del presente Acuerdo con el fin de alcanzar una asociación efectiva entre el Reino Unido y las Repúblicas de la Parte CA(*) mediante la aportación de recursos, mecanismos, herramientas y procedimientos.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "ambas regiones") 2. Se dará prioridad a los objetivos siguientes, que se exponen con más detalle en los títulos I al IX de la presente parte:

  • a)fortalecer la paz y la seguridad; b) contribuir a fortalecer las instituciones democráticas, la buena gobernanza y la plena aplicación del Estado de Derecho, la igualdad y equidad de género, todas las formas de no discriminación, la diversidad cultural, el pluralismo, la promoción y el respeto de los derechos humanos, las libertades fundamentales, la transparencia y la participación ciudadana; c) contribuir a la cohesión social mediante la disminución de la pobreza, la desigualdad, la exclusión social y todas las formas de discriminación para mejorar la calidad de vida de los pueblos de Centroamérica y la Unión Europea; d) promover el crecimiento económico para favorecer el desarrollo sostenible, reducir los desequilibrios entre las Partes y dentro de estas, y desarrollar sinergias entre el Reino Unido y las Repúblicas de la Parte CA(*); (*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "ambas regiones") e) profundizar en el proceso de integración regional en Centroamérica mediante el fortalecimiento de la capacidad de aplicar y aprovechar los beneficios del presente Acuerdo, contribuyendo así al desarrollo económico, social y político de la región centroamericana en su conjunto; f) fortalecer las capacidades de producción y gestión y mejorar la competitividad, creando oportunidades para el comercio y la inversión para todos los agentes económicos y sociales en el Reino Unido y las Repúblicas de la Parte CA(*).

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "ambas regiones") 3. Las Partes emprenderán políticas y medidas destinadas a cumplir los objetivos mencionados anteriormente. Estas medidas podrán incluir mecanismos financieros innovadores con el objetivo de contribuir al cumplimiento de los Objetivos de Desarrollo del Milenio y otros objetivos de desarrollo acordados internacionalmente, de conformidad con los compromisos del Consenso de Monterrey y de foros subsiguientes.

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Principios La cooperación entre las Partes se regirá por los principios siguientes:

  • a)la cooperación apoyará y complementará los esfuerzos de el Reinio y las Repúblicas de la Parte CA(*) para implementar las prioridades fijadas en sus propias políticas y estrategias de desarrollo, sin perjuicio de las actividades que se lleven a cabo con su sociedad civil; (*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "los países y regiones asociados") b) la cooperación será el resultado de un diálogo entre el Reino Unido y las Repúblicas de la Parte CA(*); (*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "los países y regiones asociados") c) las Partes promoverán la participación de la sociedad civil y de las autoridades locales en sus políticas de desarrollo y en su cooperación; d) se establecerán actividades de cooperación tanto a nivel nacional como a nivel regional, que se complementarán para apoyar los objetivos generales y específicos establecidos en el presente Acuerdo; e) la cooperación tendrá en cuenta cuestiones transversales, como la democracia y los derechos humanos, la buena gobernanza, los pueblos indígenas, la igualdad de género, el medio ambiente, incluidos los desastres naturales, y la integración regional; f) las Partes aumentarán la eficacia de su cooperación actuando dentro de los marcos mutuamente acordados; promoverán la armonización, el alineamiento y la coordinación entre los donantes, así como el cumplimiento de las obligaciones mutuas relacionadas con la realización de las actividades de cooperación; g) la cooperación incluye asistencia técnica y financiera como medio para contribuir al cumplimiento de los objetivos del presente Acuerdo; h) las Partes están de acuerdo en la importancia de tener en cuenta sus diferentes niveles de desarrollo en el diseño de las actividades de cooperación; i) las Partes están de acuerdo en la importancia de seguir apoyando políticas y estrategias para la reducción de la pobreza de los países de renta media, prestando especial atención a los países de renta media-baja; j) la cooperación en el marco del presente Acuerdo no afectará la participación de las Repúblicas de la Parte CA, como países en desarrollo, en las actividades de la Reino Unido(*) en el ámbito de la investigación para el desarrollo u otros programas de cooperación para el desarrollo de la Unión Europea dirigidos a terceros países, sujeta a las normas y los procedimientos de estos programas.

(Nota de Sinalevi: Mediante el aparte 5) sub aparte a) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó indicar que el inciso j) anterior no se incorpora al Acuerdo anteriormente referido) (*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "Parte UE")

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Modalidades y metodología 1. Para ejecutar las actividades de cooperación, las Partes acuerdan que:

  • a)los instrumentos pueden cubrir una amplia gama de actividades bilaterales, horizontales o regionales, como programas y proyectos, incluidos los de infraestructura, apoyo presupuestario, diálogo de política sectorial, intercambio y transferencia de equipos, estudios, evaluaciones de impacto, estadísticas y bases de datos, intercambios de experiencias y de expertos, formación, campañas de comunicación y sensibilización, seminarios y publicaciones; b) entre los agentes ejecutores puede haber autoridades locales, nacionales y regionales, así como organizaciones de la sociedad civil y organizaciones internacionales; c) proporcionarán los recursos administrativos y financieros adecuados y necesarios para garantizar la ejecución de las actividades de cooperación que hayan acordado con arreglo a sus propias leyes, reglamentos y procedimientos; d) todas las entidades involucradas en la cooperación estarán sujetas a una gestión de los recursos transparente y a la rendición de cuentas; e) promoverán modalidades e instrumentos de cooperación y financiación innovadores, con el fin de mejorar la eficacia de la cooperación y aprovechar al máximo el presente Acuerdo; f) la cooperación entre las Partes identificará y desarrollará programas de cooperación innovadores para las Repúblicas de la Parte CA; g) fomentarán y facilitarán el financiamiento privado y la inversión extranjera directa, en particular a través de la financiación del Banco Europeo de Inversiones en Centroamérica, en consonancia con sus propios procedimientos y criterios financieros; (Nota de Sinalevi: Mediante el aparte 5) sub aparte b. i) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó indicar que en el inciso g) anterior las palabras "en particular a través de la financiación del Banco Europeo de Inversiones en Centroamérica, en consonancia con sus propios procedimientos y criterios financieros"; no se incorpora al Acuerdo anteriormente referido) h) se promoverá la participación de cada Parte como socio en programas marco, programas específicos y otras actividades de la otra Parte, con arreglo a sus propias reglas y procedimientos; (Nota de Sinalevi: Mediante el aparte 5) sub aparte b. ii) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó indicar que en el inciso h) anterior; no se incorpora al Acuerdo anteriormente referido) i) se promoverá la participación de las Repúblicas de la Parte CA en los programas de cooperación temáticos y horizontales de la Reino Unido(*) para América Latina, incluso por medio de posibles ventanas específicas; (Nota de Sinalevi: Mediante el aparte 5) sub aparte b. ii) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó indicar que en el inciso i) anterior; no se incorpora al Acuerdo anteriormente referido) (*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "Parte UE") j) las Partes, de conformidad con sus propias normas y procedimientos, promoverán la cooperación triangular en ámbitos de interés común entre el Reino Unido y las Repúblicas de la Parte CA(*) y con terceros países; (*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "las dos regiones") k) las Partes deben estudiar conjuntamente todas las posibilidades prácticas de cooperación de interés mutuo.

2. Las Partes acuerdan fomentar la cooperación entre instituciones financieras, de acuerdo con sus necesidades y en el marco de sus programas y su legislación respectivos.

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Cláusula evolutiva 1. El hecho de que no se haya incluido en el presente Acuerdo un ámbito o una actividad de cooperación no se interpretará como un impedimento para que las Partes decidan, de conformidad con sus legislaciones respectivas, cooperar en dicho ámbito o dicha actividad.

2. No se excluirá de antemano ninguna posibilidad de cooperación. Las Partes podrán recurrir al Comité de Asociación para estudiar las posibilidades prácticas de cooperación de interés mutuo.

3. Respecto a la aplicación del presente Acuerdo, las Partes podrán hacer propuestas para ampliar la cooperación en todos los ámbitos, teniendo en cuenta la experiencia adquirida durante la aplicación del Acuerdo.

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Cooperación estadística 1. Las Partes acuerdan cooperar para elaborar mejores métodos y programas estadísticos con arreglo a las normas aceptadas internacionalmente, incluyendo la recopilación, el tratamiento, el control de calidad y la difusión de estadísticas, con el objetivo de generar indicadores comparables entre las Partes, que les permita utilizar las estadísticas de la otra Parte sobre comercio de mercancías y servicios, inversión extranjera directa y, de forma más general, sobre cualquier ámbito cubierto por el presente Acuerdo para el que puedan elaborarse estadísticas. Las Partes reconocen la utilidad de la cooperación bilateral para apoyar estos objetivos.

2. La cooperación en este ámbito también tendrá por objetivo:

  • a)la elaboración de un sistema estadístico regional en apoyo de las prioridades de integración regional acordadas entre las Partes; b) la cooperación en el ámbito de las estadísticas en materia de ciencia, tecnología e innovación.

3. Esta cooperación podría incluir, entre otras cosas: intercambios técnicos entre los institutos de estadística de las Repúblicas de la Parte CA y de los Estados miembros de la Unión Europea y Eurostat, incluidos los intercambios de científicos; el desarrollo de métodos mejorados y, cuando proceda, coherentes para la recopilación, la desagregación, el análisis y la interpretación de los datos; y la organización de seminarios, grupos de trabajo o programas de formación estadística.

(Nota de Sinalevi: Mediante el aparte 5) sub aparte c) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó indicar que en el inciso 3) anterior las palabras "y Eurostat", no se incorpora al Acuerdo anteriormente referido)

DEMOCRACIA, DERECHOS HUMANOS Y BUENA GOBERNANZA

TÍTULO I

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Democracia y derechos humanos 1. Las Partes cooperarán para alcanzar el pleno cumplimiento de todos los derechos humanos y libertades fundamentales que son universales, indivisibles e interdependientes y están interrelacionados, así como para la construcción y el fortalecimiento de la democracia.

2. Esta cooperación puede incluir, entre otras cosas:

  • a)la aplicación efectiva de los instrumentos internacionales de derechos humanos, así como de las recomendaciones emanadas de los Órganos de los Tratados y de los procedimientos especiales; b) la integración de la promoción y la protección de los derechos humanos en las políticas nacionales y los planes de desarrollo; c) el refuerzo de las capacidades para aplicar los principios y prácticas democráticos; d) la elaboración y la aplicación de planes de acción sobre democracia y derechos humanos; e) la sensibilización y la educación sobre derechos humanos, democracia y cultura de paz; f) el fortalecimiento de las instituciones democráticas y las relacionadas con el ámbito de los derechos humanos, así como de los marcos jurídicos e institucionales para la promoción y la protección de los derechos humanos; g) el desarrollo de iniciativas conjuntas de interés mutuo en el marco de los foros multilaterales pertinentes.
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Buena gobernanza Las Partes acuerdan que la cooperación en este ámbito apoyará activamente a los gobiernos mediante acciones destinadas, en particular, a:

  • a)respetar el Estado de Derecho; b) garantizar la separación de los Poderes; c) garantizar la independencia y la eficiencia del sistema judicial; d) promover instituciones transparentes, que rindan cuentas, eficaces, estables y democráticas; e) promover políticas que garanticen la rendición de cuentas y la gestión transparente; f) luchar contra la corrupción; g) fortalecer la gobernanza buena y transparente a nivel nacional, regional y local; h) establecer y mantener, a todos los niveles, procedimientos claros para la toma de decisiones por parte de las autoridades públicas; i) apoyar la participación de la sociedad civil.
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Modernización del Estado y de la administración pública, incluida la descentralización 1. Las Partes acuerdan que la cooperación en este ámbito tendrá por objetivo mejorar sus marcos jurídicos e institucionales, basándose principalmente en las mejores prácticas. Esto comprende la reforma y la modernización de la gestión pública, incluyendo el desarrollo de las capacidades, para apoyar y fortalecer los procesos de descentralización y respaldar los cambios organizativos resultantes de la integración, prestando especial atención a la eficiencia organizativa y a la prestación de servicios para los ciudadanos, así como la transparente y buena gestión de los recursos públicos, y la rendición de cuentas.

2. Esta cooperación podrá incluir programas y proyectos nacionales y regionales destinados a desarrollar capacidades para el diseño, ejecución y evaluación de políticas públicas. Asimismo, se fortalecerá el sistema judicial y se promoverá la participación de la sociedad civil.

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Prevención y solución de conflictos 1. Las Partes acuerdan que la cooperación en este ámbito promoverá y apoyará una política integral de paz que incluya la prevención y la solución de conflictos. Esta política se basará en el principio de compromiso y participación de la sociedad y se centrará principalmente en el desarrollo de las capacidades regionales, subregionales y nacionales. Garantizará la igualdad de oportunidades políticas, económicas, sociales y culturales para todos los segmentos de la sociedad, fortalecerá la legitimidad democrática, promoverá la cohesión social y un mecanismo efectivo para la conciliación pacífica de los intereses de distintos grupos, y fomentará una sociedad civil organizada y activa, en particular recurriendo a las instituciones regionales existentes.

2. La cooperación fortalecerá las capacidades para la solución de conflictos y podrá incluir, entre otras cosas, medidas de apoyo a procesos de mediación, negociación y reconciliación, estrategias que promuevan la paz, esfuerzos para mejorar los niveles de confianza y seguridad a nivel regional, esfuerzos realizados en favor de la infancia, las mujeres y la población adulta mayor, así como acciones de lucha contra las minas antipersonal.

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Fortalecimiento de las instituciones y Estado de Derecho Las Partes concederán especial importancia a la consolidación del Estado de Derecho y al fortalecimiento de las instituciones a todos los niveles, en particular al cumplimiento de la ley y la administración de la justicia. La cooperación estará destinada principalmente a fortalecer la independencia del Poder Judicial y a aumentar su eficiencia.

JUSTICIA, LIBERTAD Y SEGURIDAD

TÍTULO II

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Protección de datos personales 1. Las Partes acuerdan cooperar para mejorar el nivel de protección de los datos personales hacia los más altos estándares internacionales, tales como las Directrices para la Regulación de los Archivos de Datos Personales Informatizados, modificadas por la Asamblea General de las Naciones Unidas el 14 de diciembre de 1990, y trabajar en aras de la libre circulación de datos personales entre las Partes, teniendo en cuenta sus legislaciones internas.

2. La cooperación en materia de protección de datos personales podrá incluir, entre otras cosas, asistencia técnica en forma de intercambio de información y conocimientos especializados teniendo en cuenta las leyes y los reglamentos de las Partes.

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Drogas ilícitas 1. Las Partes cooperarán para garantizar un enfoque global, integral, y equilibrado a través de una acción y coordinación efectivas entre las autoridades competentes, entre otras las de salud, educación, seguridad pública y/o interior, aduanas, los ámbitos sociales y de justicia, con el fin de reducir en la mayor medida posible la oferta y la demanda de drogas ilícitas, así como su impacto sobre las personas drogodependientes y la sociedad en general. Se busca, además, lograr el control y una prevención más efectiva contra el desvío de los precursores químicos utilizados en la fabricación ilícita de estupefacientes y sustancias psicotrópicas, incluido el desvío de estupefacientes y sustancias psicotrópicas de uso médico y científico, para fines ilícitos.

2. La cooperación se basará en el principio de responsabilidad compartida, en los convenios internacionales pertinentes así como en la Declaración Política, en la Declaración sobre los Principios Rectores de la Reducción de la Demanda de Drogas y otros documentos principales adoptados por la Vigésima sesión especial de la Asamblea General de las Naciones Unidas sobre drogas en junio de 1998.

3. La cooperación estará destinada a coordinar e incrementar los esfuerzos conjuntos para abordar el problema de las drogas ilícitas. Sin perjuicio de otros mecanismos de cooperación, las Partes acuerdan que, a nivel interregional, el Mecanismo de Coordinación y Cooperación en materia de Drogas entre la Unión Europea y América Latina y el Caribe se utilizará con este fin, y acuerdan cooperar para aumentar su eficacia.

(Nota de Sinalevi: Mediante el aparte 6) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó indicar que la segunda oración no se incorpora al presente Acuerdo anteriormente referido) 4. Las Partes también acuerdan cooperar contra los delitos relacionados con el tráfico de drogas mediante una mayor coordinación con organismos e instancias internacionales pertinentes.

5. Las Partes cooperarán para asegurar un enfoque integral y equilibrado a través de una efectiva acción y coordinación entre las autoridades competentes, teniendo en cuenta los ámbitos social, de justicia y de seguridad pública y/o interior, con el propósito de:

  • a)intercambiar puntos de vista sobre regímenes legislativos y mejores prácticas; b) luchar contra la oferta, el tráfico y la demanda de estupefacientes y sustancias psicotrópicas; c) fortalecer la cooperación judicial y policial para combatir el tráfico ilícito; d) fortalecer la cooperación marítima para luchar eficientemente contra el tráfico; e) establecer centros de información y monitoreo; f) definir y aplicar medidas destinadas a reducir el tráfico ilícito de drogas, de recetas médicas (estupefacientes y sustancias psicotrópicas) y de precursores químicos; g) establecer programas y proyectos de investigación conjunta, así como asistencia judicial recíproca; h) estimular un desarrollo alternativo, en particular la promoción de cultivos legales para pequeños productores; i) facilitar la formación y la educación de recursos humanos para prevenir el consumo y el tráfico de drogas, y fortalecer los sistemas administrativos de control; j) apoyar los programas de prevención y educación dedicados a los jóvenes tanto dentro como fuera de los centros de enseñanza; k) fortalecer la prevención, el tratamiento, la rehabilitación y la reinserción de las personas drogodependientes mediante diversas modalidades, y reducir los efectos adversos derivados del abuso de drogas.
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Lavado de activos, incluida la financiación del terrorismo 1. Las Partes acuerdan cooperar para impedir que se utilicen sus sistemas financieros y sus empresas para el lavado de ingresos generados por todo delito grave, en particular por delitos relacionados con drogas ilícitas y sustancias psicotrópicas, y los asociados con actos terroristas.

2. De conformidad con las normas establecidas por el Grupo de Acción Financiera Internacional (GAFI), esta cooperación incluirá, cuando proceda, asistencia administrativa y técnica encaminada a la elaboración y la aplicación de normativa y el funcionamiento eficaz de las normas y los mecanismos adecuados. En particular, la cooperación permitirá el intercambio de información pertinente y la adopción de las normas apropiadas para luchar contra el lavado de activos y la financiación del terrorismo, de conformidad con las adoptadas por los organismos internacionales activos en este ámbito y con las mejores prácticas utilizadas en el contexto internacional.

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Crimen organizado y seguridad ciudadana 1. Las Partes acuerdan cooperar en la prevención y la lucha contra el crimen organizado y los delitos financieros. A tal fin promoverán e intercambiarán buenas prácticas y aplicarán normas e instrumentos acordados a nivel internacional, como la Convención de las Naciones Unidas contra la Delincuencia Organizada Transnacional y sus Protocolos Complementarios, y la Convención de las Naciones Unidas contra la Corrupción. Fomentarán, en particular, los programas de protección de testigos.

2. Las Partes también acuerdan cooperar para mejorar la seguridad ciudadana, en particular mediante el apoyo a las políticas y estrategias de seguridad. Esta cooperación debería contribuir a la prevención de los delitos y podría incluir actividades como proyectos de cooperación regional entre las autoridades policiales y judiciales, programas de formación e intercambio de mejores prácticas para la elaboración de perfiles criminales. También incluirá, entre otras cosas, intercambios de opiniones sobre los marcos legislativos, así como asistencia administrativa y técnica destinada a fortalecer las capacidades institucionales y operativas de las autoridades encargadas de hacer cumplir la ley.

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Lucha contra la corrupción 1. Las Partes reconocen la importancia de prevenir y combatir la corrupción en los sectores privado y público y reafirman su preocupación por la grave amenaza que supone la corrupción para la estabilidad y la seguridad de las instituciones democráticas. A tal fin, las Partes cooperarán para aplicar y promover las normas e instrumentos internacionales pertinentes, como la Convención de las Naciones Unidas contra la Corrupción.

2. En particular, las Partes cooperarán para:

  • a)mejorar la efectividad organizacional y garantizar una gestión transparente de los recursos públicos y la rendición de cuentas; b) fortalecer las instituciones pertinentes, incluidas las autoridades encargadas de hacer cumplir la ley y el Poder Judicial; c) prevenir la corrupción y los sobornos en las transacciones internacionales; d) dar seguimiento y evaluar las políticas de lucha contra la corrupción a nivel local, regional, nacional e internacional; e) alentar acciones que promuevan los valores de una cultura de transparencia, de legalidad y un cambio de actitud de las personas hacia las prácticas corruptas; f) seguir desarrollando la cooperación para facilitar medidas destinadas a recuperar activos, promover buenas prácticas y el desarrollo de las capacidades.
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Tráfico ilícito de armas pequeñas y ligeras 1. Las Partes cooperarán para prevenir y combatir el tráfico ilícito de armas pequeñas y ligeras, incluyendo sus municiones. Procurarán coordinar acciones para fortalecer la cooperación jurídica e institucional, así como la recolección y destrucción de armas pequeñas y ligeras ilícitas, incluidas sus municiones, que se encuentren en manos de civiles.

2. Las Partes cooperarán para promover iniciativas conjuntas en la lucha contra el tráfico de armas pequeñas y ligeras, incluidas sus municiones. En particular, las Partes cooperarán en las iniciativas conjuntas que estén encaminadas a aplicar los programas nacionales, regionales e internacionales, así como convenciones en este ámbito, tanto en un marco multilateral como en un marco interregional.

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Lucha contra el terrorismo con pleno respeto de los derechos humanos 1. La cooperación en el ámbito de la lucha contra el terrorismo aplicará el marco y las normas acordadas en el artículo 16 de la parte II.

2. Las Partes también cooperarán para garantizar que cualquier persona que participe en la financiación, planificación, preparación o perpetración de actos terroristas, o apoye dichos actos, será llevada ante la justicia. Las Partes acuerdan que la lucha contra el terrorismo se llevará a cabo de plena conformidad con todas las Resoluciones de las Naciones Unidas pertinentes, respetando la soberanía de los Estados, así como el debido proceso, los derechos humanos y las libertades fundamentales.

3. Las Partes acuerdan cooperar en la prevención y la represión de los actos de terrorismo por medio de la cooperación policial y judicial.

DESARROLLO SOCIAL Y COHESIÓN SOCIAL

TÍTULO III

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Cohesión social, incluyendo la lucha contra la pobreza, las desigualdades y la exclusión 1. Las Partes, reconociendo que el desarrollo social debe ir de la mano con el desarrollo económico, acuerdan que la cooperación tendrá por objetivo mejorar la cohesión social a través de la reducción de la pobreza, la inequidad, la desigualdad y la exclusión social, en particular para cumplir los Objetivos de Desarrollo del Milenio y el objetivo acordado internacionalmente de promover una globalización justa y un trabajo decente para todos. El cumplimiento de estos objetivos movilizará recursos financieros importantes, tanto de cooperación como nacionales.

2. A tal fin, las Partes cooperarán para promover y apoyar la ejecución de:

  • a)políticas económicas con visión social orientadas hacia una sociedad más inclusiva, con una mejor distribución de los ingresos, a fin de reducir la desigualdad y la inequidad; b) políticas de comercio e inversión, teniendo en cuenta el vínculo entre comercio y desarrollo sostenible, para fomentar el comercio justo, el desarrollo de microempresas y pequeñas y medianas empresas, tanto rurales como urbanas, y sus organizaciones representantes, así como la responsabilidad social de las empresas; c) políticas fiscales equitativas y sólidas, que permitan una mejor redistribución de la riqueza, garanticen unos niveles adecuados de inversión social y reduzcan la economía informal; d) inversión pública social eficiente y vinculada a unos objetivos sociales claramente identificados, y orientada a resultados; e) políticas sociales efectivas y un acceso equitativo a los servicios sociales para todos en una gran variedad de ámbitos, como la educación, la salud, la nutrición, el saneamiento, la vivienda, la justicia y la seguridad social; f) políticas de empleo orientadas a un trabajo decente para todos y a la creación de oportunidades económicas, con especial atención a los grupos más pobres y vulnerables y el reino Unido y las Repúblicas de la Parte CA(*) más desfavorecidas, así como medidas específicas que promueven la tolerancia a la diversidad cultural en el trabajo; (*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada las regiones") g) regímenes de protección social, entre otros, en los ámbitos de las pensiones, la salud, los accidentes y el desempleo, basados en el principio de solidaridad y accesibilidad para todos; h) estrategias y políticas para combatir la xenofobia y la discriminación, en particular por razón de género, raza, convicciones, creencias o etnicidad; i) políticas específicas y programas dedicados a los jóvenes.

3. Las Partes acuerdan estimular el intercambio de información sobre los aspectos de cohesión social de los planes o estrategias nacionales, así como lecciones aprendidas en relación con su formulación y su aplicación.

4. Las Partes también procurarán evaluar conjuntamente la contribución de la aplicación del presente Acuerdo a la cohesión social.

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Empleo y protección social 1. Las Partes acuerdan cooperar para promover el empleo y la protección social a través de acciones y programas, destinados en particular a:

  • a)garantizar un trabajo decente para todos; b) crear unos mercados de trabajo más inclusivos y eficientes; c) ampliar la cobertura de la protección social; d) intercambiar las mejores prácticas en los ámbitos de la movilidad de los trabajadores y de la transferencia de los derechos de pensión; e) promover el diálogo social; f) garantizar el respeto de los principios y derechos fundamentales en el trabajo identificados por los Convenios de la Organización Internacional del Trabajo, las denominadas normas fundamentales del trabajo, en particular por lo que se refiere a la libertad de asociación, el derecho a la negociación colectiva y la no discriminación, la abolición del trabajo forzado y del trabajo infantil y la igualdad de trato entre hombres y mujeres; g) abordar cuestiones relacionadas con la economía informal; h) prestar especial atención a los grupos desfavorecidos y a la lucha contra la discriminación; i) desarrollar la calidad de los recursos humanos, mejorando la educación y la formación, incluida la formación vocacional efectiva; j) mejorar las condiciones de salud y seguridad en el trabajo, principalmente reforzando las inspecciones de trabajo; k) estimular la creación de empleo y el espíritu empresarial, reforzando el marco institucional necesario para la creación de pequeñas y medianas empresas y facilitando el acceso al crédito y al microfinanciamiento.

2. Podrán realizarse actividades a nivel nacional, regional e interregional, incluso a través del establecimiento de redes, el aprendizaje mutuo, la identificación y la difusión de buenas prácticas, el intercambio de información sobre la base de herramientas estadísticas comparables e indicadores y contactos entre organizaciones de interlocutores sociales.

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Educación y formación 1. Las Partes acuerdan que la cooperación estará destinada a:

  • a)promover un acceso equitativo a la educación para todos, incluidos los jóvenes, las mujeres, los adultos mayores, los pueblos indígenas y los grupos minoritarios, prestando especial atención a los segmentos más vulnerables y marginados de la sociedad; b) mejorar la calidad de la educación, considerando la educación primaria básica como una prioridad; c) mejorar el índice de conclusión de la educación primaria y reducir el abandono prematuro en la educación secundaria obligatoria; d) mejorar el aprendizaje no formal; e) mejorar la infraestructura y el equipamiento de los centros educativos existentes; f) promover la educación de los pueblos indígenas, incluida la educación intercultural bilingüe; g) promover la educación superior así como la formación vocacional y el aprendizaje continuo.

2. Las Partes también acuerdan fomentar:

  • a)la cooperación entre centros de enseñanza superior de las Partes, así como el intercambio de estudiantes, investigadores y académicos a través de los programas existentes; b) las sinergias entre los centros de educación superior y el sector público y privado en ámbitos acordados, con el fin de facilitar la inserción en el mercado laboral.

3. Las Partes acuerdan prestar especial atención para seguir desarrollando el Espacio del Conocimiento ALC-UE (América Latina y Caribe-Unión Europea) e iniciativas como el Espacio Común de Enseñanza Superior ALC-UE, en particular para fomentar la puesta en común, el intercambio de (Nota de Sinalevi: Mediante el aparte 7) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó indicar que el inciso 3) anterior no se incorpora al presente Acuerdo anteriormente referido)

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Salud pública 1. Las Partes acuerdan cooperar para desarrollar sistemas sanitarios eficientes, mano de obra competente y suficiente en el campo de la salud, mecanismos de financiación y regímenes de protección social justos.

2. Se prestará especial atención a las reformas sectoriales y a que se garantice un acceso equitativo a los servicios sanitarios de alta calidad, la seguridad alimentaria y nutricional, en particular para los grupos vulnerables, como las personas con discapacidad, los adultos mayores, las mujeres, los niños y los pueblos indígenas.

3. Además, tendrán el objetivo de cooperar para promover la atención sanitaria primaria y la prevención, a través de enfoques integrados y acciones que involucren otras políticas sectoriales, en particular: para luchar contra el VIH/SIDA, la malaria, la tuberculosis, el dengue, la enfermedad del mal de Chagas y otras enfermedades prioritarias transmisibles y no transmisibles, así como enfermedades crónicas; reducir la mortalidad infantil; mejorar la salud materna y abordar otros ámbitos prioritarios, como la salud sexual y reproductiva, la atención y la prevención de enfermedades de transmisión sexual y embarazos no deseados, siempre que estos objetivos no contravengan los marcos jurídicos nacionales. Además, las Partes cooperarán en ámbitos como la educación, el tratamiento de aguas y las cuestiones sanitarias.

4. La cooperación podrá fomentar también el desarrollo, la aplicación y la promoción del Derecho internacional en materia de salud, incluidos el Reglamento Sanitario Internacional y el Convenio Marco para el Control del Tabaco de la Organización Mundial de la Salud.

5. Las Partes procurarán crear asociaciones más allá del sistema de salud pública a través de asociaciones estratégicas con la sociedad civil y con otros actores, dando prioridad a la prevención de las enfermedades y a la promoción de la salud.

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Pueblos indígenas y otros grupos étnicos 1. Las Partes, respetando y promoviendo sus obligaciones nacionales, regionales e internacionales, acuerdan que las actividades de cooperación fortalecerán la protección y la promoción de los derechos y las libertades fundamentales de los pueblos indígenas, tal como se reconoce en la Declaración de las Naciones Unidas sobre los Derechos de los Pueblos Indígenas. Además, las actividades de cooperación fortalecerán y promoverán los derechos humanos y las libertades fundamentales de las personas pertenecientes a minorías y grupos étnicos.

2. Se debería prestar especial atención a la reducción de la pobreza y la lucha contra la desigualdad, la exclusión y la discriminación. Los documentos e instrumentos internacionales pertinentes que abordan los derechos de los pueblos indígenas, como la Resolución 59/174 de las Naciones Unidas relativa al Segundo Decenio Internacional de los Pueblos Indígenas del Mundo, y, tal como se ratificó, el Convenio 169 de la Organización Internacional del Trabajo sobre Pueblos Indígenas y Tribales en Países Independientes, deberían guiar el desarrollo de las actividades de cooperación, con arreglo a las obligaciones nacionales e internacionales de las Partes.

3. Las Partes acuerdan, asimismo, que las actividades de cooperación tendrán en cuenta sistemáticamente la identidad social, económica y cultural de estos pueblos y velarán, según proceda, por su participación efectiva en actividades de cooperación, en particular en los ámbitos más pertinentes para ellos, tales como la gestión y uso sostenibles del suelo y los recursos naturales, el medio ambiente, la educación, la salud, el patrimonio y la identidad cultural.

4. La cooperación contribuirá a promover el desarrollo de los pueblos indígenas. Asimismo, contribuirá a promover el desarrollo de las personas pertenecientes a las minorías y organizaciones de grupos étnicos. Dicha cooperación fortalecerá también sus capacidades de negociación, administración y gestión.

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Grupos vulnerables 1. Las Partes acuerdan que la cooperación en favor de los grupos vulnerables dará prioridad a medidas -incluidos los proyectos y las políticas innovadores- que involucren a grupos vulnerables, a fin de promover el desarrollo humano, reducir la pobreza y luchar contra la exclusión social.

2. La cooperación incluirá la protección de los derechos humanos y la igualdad de oportunidades para los grupos vulnerables, la creación de oportunidades económicas para los más pobres, así como políticas sociales específicas orientadas al desarrollo de las capacidades humanas a través de la educación y la formación, el acceso a los servicios sociales básicos, las redes de protección social y la justicia, prestando especial atención, entre otros, a las personas con discapacidad y sus familias, los niños, las mujeres y los adultos mayores.

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Perspectiva de género 1. Las Partes acuerdan que la cooperación ayudará a fortalecer las políticas, los programas y los mecanismos destinados a garantizar, mejorar y ampliar la participación y la igualdad de oportunidades para hombres y mujeres en todos los sectores de la vida política, económica, social y cultural, en particular con vistas a la aplicación efectiva del Convenio para la eliminación de todas las Formas de Discriminación contra la Mujer. Cuando proceda, se preverán medidas de acción afirmativa en favor de las mujeres.

2. La cooperación promoverá la integración de la perspectiva de género en todos los ámbitos de cooperación pertinentes, incluidos las políticas públicas, las estrategias y acciones de desarrollo y los indicadores para medir su impacto.

3. La cooperación también ayudará a facilitar la igualdad de acceso de hombres y mujeres a todos los servicios y recursos que les permitan el pleno ejercicio de sus derechos fundamentales, por ejemplo respecto a la educación, la salud, la formación vocacional, las oportunidades de empleo, la toma de decisiones políticas, las estructuras de gobernanza y las empresas privadas.

4. Se prestará especial atención a los programas que abordan la violencia contra las mujeres, en particular mediante la prevención.

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Juventud 1. La cooperación entre las Partes apoyará todas las políticas sectoriales pertinentes dirigidas a los jóvenes a fin de evitar que se reproduzcan la pobreza y la marginalidad. Incluirá el apoyo a las políticas de familia y de educación, y brindará oportunidades de empleo para los jóvenes, especialmente en las zonas desfavorecidas, y fomentará programas sociales y de justicia para la prevención de la delincuencia juvenil y la reinserción en la vida económica y social.

2. Las Partes acuerdan promover la participación activa de los jóvenes en la sociedad, incluso en la elaboración de las políticas que puedan influir en sus vidas.

MIGRACIÓN

TÍTULO IV

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Migración 1. La cooperación se basará en la evaluación de necesidades específicas, mediante la consulta mutua entre las Partes y se aplicará de conformidad con la legislación de la Unión Europea y nacional en vigor. Se centrará, en particular, en:

  • a)las causas que originan la migración; b) el desarrollo y la aplicación de la legislación interna y las prácticas nacionales en materia de protección internacional, con miras a cumplir las disposiciones de la Convención de Ginebra de 1951 relativa al Estatuto de los Refugiados y su protocolo de 1967 y otros instrumentos internacionales pertinentes, y de garantizar el respeto del principio de "no devolución"; c) las normas de admisión y los derechos y el estatus de las personas admitidas, el trato justo y la integración en la sociedad de las personas que residan legalmente, la educación y la formación de los migrantes legales y las medidas contra el racismo y la xenofobia y todas las disposiciones aplicables relativas a los derechos humanos de los migrantes; d) el establecimiento de una política efectiva para facilitar la transferencia de remesas; e) la migración temporal y la circular, incluida la prevención de la fuga de cerebros; f) el establecimiento de una política integral y efectiva sobre la inmigración, la trata y el tráfico de personas, incluida la cuestión de cómo combatir las redes y las organizaciones criminales de tratantes y traficantes, y cómo proteger y ayudar a las víctimas de dicha trata de personas; así como cualquier otra forma de migración que no sea acorde con el marco jurídico del país de destino; g) el retorno, en condiciones humanas, seguras y dignas, de las personas que no posean un permiso de residencia legal, con pleno respeto de sus derechos humanos, y la readmisión de tales personas de conformidad con el apartado 2; h) el intercambio de buenas prácticas sobre integración migratoria entre la Unión Europea y las Repúblicas de la Parte CA; i) las medidas de apoyo encaminadas a la reinserción sostenible de los repatriados.

2. En el marco de la cooperación para impedir y controlar la inmigración que contravenga el marco jurídico del país de destino, las Partes también acuerdan readmitir a sus nacionales cuya estancia en los territorios de la otra Parte contravenga sus respectivos marcos jurídicos. A tal fin:

  • a)cada República de la Parte CA readmitirá, previa petición y sin ningún otro trámite, a todos sus nacionales cuya estancia en el territorio de un Estado miembro de la Unión Europea contravenga el marco jurídico del Reino Unido(*); facilitará a sus nacionales documentos de identidad adecuados y pondrá a su disposición los servicios administrativos necesarios a tales efectos; y (*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "del Estado miembro") b) cada Estado miembro de la Unión Europea readmitirá, previa petición y sin ningún otro trámite, a todos sus nacionales cuya estancia en el territorio de una República de la Parte CA contravenga el marco jurídico de la República de la Parte CA: facilitará a sus nacionales documentos de identidad adecuados y pondrá a su disposición los servicios administrativos necesarios a tales efectos.

3. En caso de que la persona que deba ser readmitida no esté en posesión de ningún documento u otras pruebas de su nacionalidad, las representaciones diplomáticas y/o consulares competentes del Estado miembro de la Unión Europea o de la República de la Parte CA, a petición de la República de la Parte CA concernida en cuestión o del Estado miembro de la Unión Europea interesado, tomarán las medidas necesarias para entrevistar a la persona a fin de determinar su nacionalidad.

(Así reformado el párrafo anterior por el aparte 8) del del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") 4. Las Partes acuerdan celebrar, previa petición y a la mayor brevedad posible, un acuerdo en materia de readmisión por el que se regulen las obligaciones específicas de los Estados miembros de la Unión Europea y de las Repúblicas de la Parte CA. Dicho acuerdo también abordará la readmisión de los nacionales de otros países y de los apátridas.

MEDIO AMBIENTE, DESASTRES NATURALES Y CAMBIO CLIMÁTICO

TÍTULO V

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Cooperación sobre medio ambiente 1. Las Partes acuerdan cooperar para proteger y mejorar la calidad del medio ambiente a nivel local, regional y mundial a fin de lograr el desarrollo sostenible, como se establece en la Declaración de Río sobre el Medio Ambiente y el Desarrollo de 1992.

2. Teniendo en cuenta el principio de responsabilidad común pero diferenciada, así como las prioridades y las estrategias nacionales de desarrollo, las Partes prestarán la debida atención a la relación entre la pobreza y el medio ambiente y al impacto de la actividad económica en el medio ambiente, teniendo en cuenta también el posible impacto del presente Acuerdo.

3. La cooperación abordará, en particular:

  • a)la protección y la gestión sostenible de los recursos naturales y los ecosistemas, incluidos los bosques y los productos de la pesca; b) la lucha contra la contaminación del agua dulce y el agua de mar, el aire y el suelo, por medio de, entre otros, una gestión adecuada de los residuos, las aguas residuales, las sustancias químicas y otras sustancias y materiales peligrosos; c) cuestiones globales, como el cambio climático, la destrucción de la capa de ozono, la desertificación, la deforestación, la conservación de la biodiversidad y la bioseguridad; d) en este contexto, la cooperación intentará facilitar iniciativas conjuntas en los ámbitos de mitigación y adaptación a los efectos adversos del cambio climático, incluyendo el fortalecimiento de los mecanismos del mercado de carbono.

4. La cooperación podrá incluir medidas como:

  • a)promover el diálogo sobre políticas y el intercambio de las mejores prácticas medioambientales, b) transferir y utilizar tecnologías limpias y conocimientos técnicos (know how) sostenibles, incluyendo la creación de incentivos y mecanismos para la innovación y la protección del medio ambiente; c) integrar las consideraciones medioambientales en otras políticas, como el ordenamiento territorial; d) promover modelos de producción y consumo sostenibles, con un uso sostenible de los ecosistemas, los servicios y las mercancías; e) promover la sensibilización y la educación en materia de medio ambiente, así como una mayor participación de la sociedad civil, en particular de las comunidades locales, en la protección medioambiental y los esfuerzos por un desarrollo sostenible; f) alentar y promover la cooperación regional en el ámbito de la protección del medio ambiente; g) ayudar a aplicar y hacer cumplir los acuerdos medioambientales multilaterales de los que las Partes son parte; h) fortalecer la gestión medioambiental, así como los sistemas de seguimiento y control.
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Gestión de desastres naturales 1. Las Partes acuerdan que la cooperación en este ámbito tendrá por objetivo reducir la vulnerabilidad de la región centroamericana ante los desastres naturales, mediante el apoyo a los esfuerzos nacionales; el marco regional para reducir la vulnerabilidad y responder a dichos desastres; la investigación regional; la difusión de las mejores prácticas y de las lecciones aprendidas de la reducción del riesgo de desastres; la preparación, la planificación, el seguimiento, la prevención, la mitigación, la respuesta y la rehabilitación. La cooperación también apoyará los esfuerzos por armonizar el marco jurídico de conformidad con las normas internacionales, y la mejora de la coordinación institucional y del apoyo gubernamental.

2. Las Partes fomentarán estrategias que reduzcan la vulnerabilidad social y medioambiental y refuercen las capacidades de las comunidades e instituciones locales para la reducción del riesgo de desastres.

3. Las Partes prestarán una atención especial a mejorar la reducción del riesgo de desastres en todas sus políticas, incluidas la gestión territorial, la rehabilitación y la reconstrucción.

DESARROLLO ECONÓMICO Y COMERCIAL

TÍTULO VI

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Cooperación y asistencia técnica en materia de política de competencia La asistencia técnica se centrará, entre otras cosas, en el desarrollo de las capacidades institucionales y la formación de los recursos humanos de las autoridades de competencia, tomando en consideración la dimensión regional, para apoyarlos en el fortalecimiento y el cumplimiento efectivo de las leyes de competencia en las áreas de control de prácticas monopolísticas y sobre concentraciones, incluyendo la promoción de la competencia.

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Cooperación aduanera y asistencia mutua 1. Las Partes promoverán y facilitarán la cooperación entre sus respectivos servicios de aduanas para garantizar que se cumplan los objetivos establecidos en el capítulo 3 (Aduanas y facilitación del comercio) del título II de la parte IV del presente Acuerdo, en particular para garantizar la simplificación de los procedimientos aduaneros y la facilitación del comercio legítimo sin menoscabo de sus facultades de control.

2. La cooperación dará lugar, entre otras cosas, a:

  • a)intercambios de información sobre legislación y procedimientos aduaneros, en particular en los ámbitos siguientes:
  • i)simplificación y modernización de los procedimientos aduaneros; ii) facilitación de los movimientos en tránsito; iii) cumplimiento de los derechos de propiedad intelectual por parte de las autoridades aduaneras; iv) relaciones con la comunidad empresarial; v) libre circulación de mercancías e integración regional; b) el desarrollo de iniciativas conjuntas en ámbitos mutuamente acordados; c) la promoción de la coordinación entre todas las agencias fronterizas pertinentes, tanto internamente como a través de las fronteras.

3. Las Partes se prestarán asistencia administrativa mutua en materia aduanera con arreglo a lo dispuesto en el anexo III de la parte IV del presente Acuerdo.

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Cooperación y asistencia técnica en materia de aduanas y facilitación del comercio Las Partes reconocen la importancia de la asistencia técnica en materia de aduanas y facilitación del comercio para aplicar las medidas establecidas en el capítulo 3 (Aduanas y facilitación del comercio) del título II de la parte IV del presente Acuerdo. Las Partes acuerdan cooperar, entre otros, en los siguientes ámbitos:

  • a)mejorar la cooperación institucional para fortalecer el proceso de integración regional; b) proporcionar conocimientos especializados y creación de capacidades sobre cuestiones aduaneras a las autoridades competentes (certificación y verificación del origen, entre otras cosas) y sobre cuestiones técnicas para hacer cumplir procedimientos aduaneros regionales; c) la aplicación de mecanismos y técnicas aduaneras modernas, que incluyan la evaluación del riesgo, resoluciones anticipadas vinculantes, simplificación de procedimientos para la entrada y despacho de las mercancías, controles aduaneros y métodos de auditoría de empresas; d) introducción de procedimientos y prácticas que reflejen, en la medida de lo posible, los instrumentos internacionales y normas aplicables en el ámbito aduanero y comercial, incluidas las reglas de la OMC y los instrumentos y las normas de la Organización Mundial de Aduanas (en lo sucesivo, la "OMA"), entre otros, el Convenio Internacional para la Simplificación y Armonización de los Regímenes Aduaneros modificado (Convenio de Kyoto Revisado) y las normas para Asegurar y Facilitar el Comercio Global en el Marco de la OMA; y e) sistemas de información y automatización de aduanas y otros procedimientos comerciales.
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Cooperación y asistencia técnica en materia de propiedad intelectual y transferencia de tecnología 1. Las Partes reconocen la importancia de la cooperación y la asistencia técnica en materia de propiedad intelectual y acuerdan cooperar, entre otras cosas, en lo siguiente:

  • a)mejorar la cooperación institucional (por ejemplo entre las Oficinas de Propiedad Intelectual de las Repúblicas de la Parte CA), facilitando así el intercambio de información sobre los marcos jurídicos relativos a los derechos de propiedad intelectual y otras normas pertinentes de protección y observancia; b) fomentar y facilitar el desarrollo de contactos y la cooperación en el ámbito de la propiedad intelectual, incluyendo la promoción y la difusión de información entre círculos empresariales y dentro de los mismos, la sociedad civil, los consumidores y los centros de enseñanza; c) proporcionar el desarrollo de capacidades y la formación (por ejemplo de los jueces, fiscales y funcionarios del servicio de aduanas y la policía) sobre la observancia de los derechos de propiedad intelectual; d) cooperar en el desarrollo y la mejora de sistemas electrónicos de las Oficinas de Propiedad Intelectual de las Repúblicas de la Parte CA; e) cooperar en el intercambio de información y proporcionar conocimientos especializados y asistencia técnica sobre la integración regional en el ámbito de los derechos de propiedad intelectual.

2. Las Partes reconocen la importancia de la cooperación en materia aduanera y, por tanto, se comprometen a promover y facilitar una cooperación con el objetivo de aplicar medidas en las fronteras en relación con los derechos de propiedad intelectual, aumentando específicamente el intercambio de información y la coordinación entre las administraciones aduaneras pertinentes. La cooperación procurará fortalecer y modernizar el funcionamiento de las aduanas de las Repúblicas de la Parte CA.

3. Las Partes también reconocen la importancia de la cooperación de asistencia técnica en materia de transferencia de tecnología para fortalecer la propiedad intelectual y acuerdan cooperar, entre otras, en las actividades siguientes:

  • a)las Partes promoverán la transferencia de tecnología, que se logrará a través de programas de intercambio académicos, profesionales y/o empresariales dirigidos a la transmisión de conocimientos de la Reino Unido(*) a las Repúblicas de la Parte CA; (*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "Parte UE") b) las Partes reconocen la importancia de crear mecanismos que refuercen y promuevan la inversión extranjera directa (IED) en las Repúblicas de la Parte CA, especialmente en sectores innovadores y de alta tecnología. La Reino Unido(*) se esforzará al máximo para ofrecer a las instituciones y empresas de sus territorios incentivos destinados a promover y favorecer la transferencia de tecnología a instituciones y empresas de las Repúblicas de la Parte CA, de manera que permita a estos países establecer una plataforma tecnológica viable; (*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "Parte UE") c) del mismo modo, la Reino Unido(*) facilitará y promoverá programas destinados a la creación de actividades de investigación y desarrollo en Centroamérica para atender las necesidades de la región, tales como, acceso a los medicamentos, infraestructura y desarrollo tecnológico necesario para el desarrollo de su población, entre otros.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "Parte UE")

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Cooperación en materia de establecimiento, comercio de servicios y comercio electrónico 1. Las Partes reconocen la importancia de la cooperación y la asistencia técnica para facilitar la aplicación de los compromisos y maximizar las oportunidades creadas con arreglo al título III (Establecimiento, comercio de servicios y comercio electrónico) de la parte IV, y cumplir los objetivos del presente Acuerdo.

2. La cooperación incluye asistencia técnica, formación y desarrollo de las capacidades entre otras cosas, para:

  • a)mejorar la capacidad de los proveedores de servicios de las Repúblicas de la Parte CA para cumplir y recopilar información sobre la reglamentación y las normas de la Reino Unido(*) a nivel de la Unión Europea, y a nivel nacional y subnacional; (Nota de Sinalevi: Mediante el aparte 9) sub aparte a) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó indicar que las palabras "a nivel de la Unión Europea, y a nivel nacional y subnacional" del inciso a) anterior no se incorporan al presente Acuerdo anteriormente referido) (*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "Parte UE") b) mejorar la capacidad de exportación de los proveedores de servicios de las Repúblicas de la Parte CA, prestando especial atención a las necesidades de las pequeñas y medianas empresas; c) facilitar la interacción y el diálogo entre los proveedores de servicios de la Reino Unido(*) y de las Repúblicas de la Parte CA; (*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "Parte UE") d) atender las necesidades de calificaciones y normas en aquellos sectores en los que se han asumido compromisos con arreglo al presente Acuerdo; e) promover el intercambio de información y experiencias y facilitar asistencia técnica relacionada con el desarrollo y la aplicación de normas a nivel nacional o regional, cuando sea aplicable; f) establecer mecanismos para promover la inversión entre la Reino Unido(*) y las Repúblicas de la Parte CA, y fortalecer las capacidades de las agencias de promoción de inversiones en las Repúblicas de la Parte CA.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "Parte UE")

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Cooperación y asistencia técnica en materia de obstáculos técnicos al comercio Las Partes reconocen la importancia de la cooperación y asistencia técnica en el ámbito de los obstáculos técnicos al comercio y acuerdan cooperar, entre otras, en los ámbitos siguientes:

  • a)proporcionar conocimientos especializados, creación de capacidades, incluyendo el desarrollo y el fortalecimiento de la infraestructura pertinente, formación y asistencia técnica en los ámbitos de reglamentación técnica, normalización, evaluación de la conformidad, acreditación y metrología; lo cual puede incluir actividades destinadas a facilitar la comprensión y el cumplimiento de los requisitos de la Unión Europea, en particular por parte de las pequeñas y medianas empresas; b) apoyar la armonización de la legislación y los procedimientos en materia de obstáculos técnicos al comercio dentro de Centroamérica y facilitar la circulación de mercancías dentro de la región; c) promover la participación activa de representantes de las Repúblicas de la Parte CA en el trabajo de las organizaciones internacionales pertinentes a fin de aumentar el uso de las normas internacionales; d) intercambiar información, experiencias y buenas prácticas para facilitar la aplicación del capítulo 4 (Obstáculos técnicos al comercio) del título II de la parte IV del presente Acuerdo; lo que puede incluir programas de facilitación del comercio en los ámbitos de interés común cubiertos por el capítulo 4.
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Cooperación y asistencia técnica en materia de contratación pública Las Partes reconocen la importancia de la cooperación y la asistencia técnica en materia de contratación pública y acuerdan cooperar de la siguiente manera:

  • a)previo acuerdo de las Partes interesadas, mejorando la cooperación institucional y facilitando el intercambio de información sobre los marcos jurídicos relativos a la contratación pública, con el posible inicio de un mecanismo de diálogo; b) previa petición de una Parte, facilitando la creación de capacidades y formación, incluida la formación para el sector privado sobre medios innovadores para una contratación pública competitiva; c) apoyando actividades de divulgación en las Repúblicas de la Parte CA relacionadas con las disposiciones del título V (Contratación pública) de la parte IV del presente Acuerdo, para el sector público, el sector privado y la sociedad civil, en relación con los Sistemas de Contratación de la Unión Europea y las oportunidades que los proveedores centroamericanos podrían tener en la Unión Europea; d) apoyando el desarrollo, el establecimiento y el funcionamiento de un punto único de acceso a la información relativa a la contratación pública para toda la región centroamericana. Este punto único de acceso funcionará tal como se indica en el artículo 212, apartado 1, letra d), el artículo 213, el artículo 215, apartado 4, y el artículo 223, apartado 2, del título V (Contratación pública) de la parte IV del presente Acuerdo; e) mejorando las capacidades tecnológicas de las entidades públicas, ya sea a nivel central o regional, u otras entidades contratantes.
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Cooperación y asistencia técnica en materia de pesca y acuicultura 1. Las Partes reconocen la importancia de la cooperación económica, técnica y científica para el desarrollo sostenible del sector de la pesca y la acuicultura. Los objetivos de dicha cooperación deben ser, en particular:

  • a)promover la b) promover las mejores prácticas en la gestión de la pesca; c) mejorar la recopilación de datos a fin de considerar la mejor información científica disponible para la evaluación y la gestión de los recursos; d) fortalecer el sistema de seguimiento, control y vigilancia (SCV); e) luchar contra las actividades de pesca ilegal, no declarada y no reglamentada (INDNR).

2. Esta cooperación podrá consistir, entre otras cosas, en:

  • a)proporcionar conocimientos técnicos especializados, apoyo y creación de capacidades para una gestión sostenible de los recursos pesqueros, incluido el desarrollo de una pesca alternativa; b) intercambiar información, experiencia y creación de capacidades para el desarrollo social y económico sostenible del sector de la pesca y la acuicultura; se prestará especial atención al desarrollo responsable de la pesca y la acuicultura artesanales y a pequeña escala, así como a la diversificación de sus productos y actividades, incluso en ámbitos como la industria de transformación; c) apoyar la cooperación institucional y facilitar el intercambio de información sobre los marcos jurídicos en materia de pesca y acuicultura, incluidos todos los instrumentos internacionales pertinentes; d) fortalecer la cooperación en el marco de organizaciones internacionales y con organizaciones de gestión de la pesca, nacionales y regionales, que proporcionen asistencia técnica, como talleres y estudios, a fin de garantizar una mejor comprensión del valor añadido de los instrumentos jurídicos internacionales para lograr una gestión adecuada de los recursos marinos.
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Cooperación y asistencia técnica en materia de bienes artesanales Las Partes reconocen la importancia de los programas de cooperación que promueven acciones con el fin de ayudar a los bienes artesanales fabricados en las Repúblicas de la Parte CA a beneficiarse del presente Acuerdo. Más específicamente, la cooperación podría centrarse en los siguientes ámbitos:

  • a)el desarrollo de capacidades para facilitar oportunidades de acceso a los mercados para los bienes artesanales centroamericanos; b) la creación de capacidades de las entidades centroamericanas responsables de la promoción de las exportaciones, en particular apoyando a las microempresas y las pequeñas y medianas empresas (en lo sucesivo, "MIPYMEs") de sectores urbanos y rurales que sean necesarias para fabricar y exportar bienes artesanales, incluso en relación con los procedimientos aduaneros y los requisitos técnicos establecidos en el mercado de la Unión Europea; c) la promoción de la preservación de estos productos culturales; d) el apoyo al desarrollo de la infraestructura necesaria para ayudar a las MIPYMEs dedicadas a la fabricación de bienes artesanales; e) la creación de capacidades para mejorar el desempeño empresarial de los productores de bienes artesanales, a través de programas de formación.
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Cooperación y asistencia técnica en materia de productos orgánicos Las Partes reconocen la importancia de los programas de cooperación para potenciar los beneficios que los productos orgánicos producidos en las Repúblicas de la Parte CA podrían obtener del presente Acuerdo. Más específicamente, la cooperación podrá centrarse, entre otros, en los siguientes ámbitos:

  • a)el desarrollo de capacidades para facilitar oportunidades de acceso a los mercados para los productos orgánicos centroamericanos; b) la creación de capacidades de las entidades centroamericanas responsables de la promoción de las exportaciones, en particular ayudando a las MIPYMEs de sectores urbanos y rurales que sean necesarias para producir y exportar productos orgánicos, incluso en relación con los procedimientos aduaneros, los reglamentos técnicos y las normas de calidad necesarios en el mercado de la Unión Europea; c) el apoyo al desarrollo de la infraestructura necesaria para apoyar a las MIPYMEs dedicadas a la producción de productos orgánicos; d) la creación de capacidades para mejorar el desempeño empresarial de los productores de productos orgánicos, a través de programas de formación; e) la cooperación sobre el desarrollo de las redes de distribución en el mercado de la Unión Europea.
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Cooperación y asistencia técnica en materia de inocuidad de los alimentos, medidas sanitarias y fitosanitarias y cuestiones relativas al bienestar de los animales 1. La cooperación en este ámbito se orientará al objetivo de fortalecer las capacidades de las Partes sobre cuestiones sanitarias y fitosanitarias y de bienestar de los animales, a fin de mejorar el acceso al mercado de la otra Parte, salvaguardando al mismo tiempo el nivel de protección de las personas, los animales y los vegetales, así como el bienestar de los animales.

2. Entre otras cosas, podrá consistir en:

  • a)ayudar a la armonización de la legislación y los procedimientos sobre medidas sanitarias y fitosanitarias dentro de Centroamérica y facilitar la circulación de mercancías dentro de la región; b) proporcionar conocimientos especializados sobre la capacidad legislativa y técnica para elaborar y hacer cumplir la legislación, así como para desarrollar sistemas de control sanitarios y fitosanitarios (incluidos los programas de erradicación, los sistemas de inocuidad de los alimentos y la notificación de alertas), y de bienestar de los animales; c) apoyar el desarrollo y el fortalecimiento de las capacidades institucionales y administrativas en Centroamérica, tanto a nivel regional como nacional, a fin de mejorar su situación sanitaria y fitosanitaria; d) desarrollar las capacidades en cada una de las Repúblicas de la Parte CA para cumplir los requisitos sanitarios y fitosanitarios con el fin de mejorar el acceso al mercado de la otra Parte, al mismo tiempo que se salvaguarda el nivel de protección; e) proporcionar asesoramiento y asistencia técnica sobre el sistema reglamentario sanitario y fitosanitario de la Unión Europea y sobre la aplicación de las normas que exige el mercado de la Unión Europea.

3. El Subcomité de Asuntos Sanitarios y Fitosanitarios establecido en el capítulo 5 (Medidas sanitarias y fitosanitarias) del título II (Comercio de mercancías) de la parte IV del presente Acuerdo, propondrá las necesidades de cooperación para establecer un programa de trabajo.

4. El Comité de Asociación dará seguimiento al progreso de la cooperación establecida con arreglo al presente artículo y presentará los resultados de este ejercicio al Subcomité de Asuntos Sanitarios y Fitosanitarios.

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Cooperación y asistencia técnica en materia de comercio y desarrollo sostenible 1. Las Partes reconocen la importancia de la cooperación y la asistencia técnica en los ámbitos comercial y laboral, y comercial y medio ambiente para alcanzar los objetivos del título VIII (Comercio y desarrollo sostenible) de la parte IV del presente Acuerdo.

2. Para complementar las actividades establecidas en el título III (Desarrollo social y cohesión social) y el título V (Medio ambiente, desastres naturales y cambio climático) de la parte III del presente Acuerdo, las Partes acuerdan cooperar, incluso mediante el apoyo de acciones de asistencia técnica, formación y creación de capacidades, entre otras en las siguientes áreas:

  • a)apoyando el desarrollo de incentivos para fomentar la protección del medio ambiente y condiciones de trabajo decente, especialmente mediante la promoción del comercio legal y sostenible, por ejemplo a través de esquemas de comercio justo y ético, incluyendo aquellos que involucran la responsabilidad social de las empresas y la rendición de cuentas, así como los relacionados con iniciativas de etiquetado y comercialización; b) promoviendo mecanismos de cooperación relacionados con el comercio según lo acordado por las Partes para ayudar a aplicar el régimen internacional actual y futuro de cambio climático; c) promoviendo el comercio de los productos derivados de una gestión sostenible de los recursos naturales, incluso mediante medidas efectivas con respecto a la vida silvestre, pesca y la certificación de madera producida legal y sosteniblemente. Se prestará particular atención a los mecanismos y a las iniciativas de comercialización voluntarias y flexibles, dirigidas a promover sistemas productivos ambientalmente sostenibles; d) fortaleciendo los marcos institucionales, el desarrollo e implementación de políticas y programas relacionados con la implementación y aplicación de acuerdos medioambientales multilaterales y la legislación medio ambiental, acordada por las Partes, y el desarrollo de medidas para combatir el comercio ilegal con relevancia medio ambiental, incluso a través de actividades de aplicación y cooperación aduanera; e) fortaleciendo los marcos institucionales, desarrollo e implementación de políticas y programas relacionados con los Principios y Derechos Fundamentales en el Trabajo (libertad de asociación y negociación colectiva, trabajo forzoso, trabajo infantil y no discriminación laboral), así como la implementación y aplicación de los convenios de la Organización Internacional del Trabajo (en lo sucesivo, la "OIT") y la legislación laboral, acordada por las Partes; f) facilitando el intercambio de puntos de vista sobre el desarrollo de metodologías e indicadores para la revisión de la sostenibilidad y apoyando iniciativas para revisar, monitorear y evaluar conjuntamente la contribución de la parte IV del presente Acuerdo al desarrollo sostenible; g) fortaleciendo la capacidad institucional sobre cuestiones de comercio y desarrollo sostenible y apoyando la organización y facilitación de los marcos de diálogo con la sociedad civil acordados en estos asuntos.
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Cooperación en materia industrial 1. Las Partes acuerdan que la cooperación industrial promoverá la modernización y la reestructuración de la industria centroamericana y de sectores específicos, así como la cooperación industrial entre los agentes económicos, con el fin de fortalecer el sector privado en condiciones que promuevan la protección del medio ambiente.

2. Las iniciativas de cooperación industrial reflejarán las prioridades fijadas por las Partes. Tendrán en cuenta los aspectos regionales del desarrollo industrial, impulsando asociaciones transnacionales cuando proceda. Mediante las iniciativas se pretenderá, en particular, crear un marco adecuado para mejorar los conocimientos técnicos en materia de gestión y promover la transparencia respecto a los mercados y las condiciones en las que las empresas realizan sus actividades.

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Energía (incluidas las energías renovables) 1. Las Partes acuerdan que su objetivo conjunto será estimular la cooperación en el ámbito de la energía, en particular las fuentes de energía limpia y renovable, la eficiencia energética, la tecnología de ahorro energético, la electrificación rural y la integración regional de los mercados de energía, entre otros ámbitos identificados por las Partes, y de conformidad con la legislación interna.

2. La cooperación podrá incluir, entre otras cosas:

  • a)la formulación y la planificación de la política energética, incluyendo las infraestructuras interconectadas de importancia regional, la mejora y la diversificación de la oferta de energía y la mejora de los mercados energéticos, incluyendo la facilitación del tránsito, la transmisión y la distribución en las Repúblicas de la Parte CA; b) la gestión y la formación para el sector energético y la transferencia de tecnología y conocimientos técnicos, incluidos los trabajos en curso sobre normas relativas a las energías que generan emisiones y la eficiencia energética; c) la promoción del ahorro energético, la eficiencia energética, las energías renovables y el estudio del impacto medioambiental de la producción y el consumo de energía, en particular sus efectos sobre la biodiversidad, la reforestación y los cambios en el uso del suelo; d) la promoción de la aplicación de mecanismos de desarrollo limpio, en apoyo de las iniciativas sobre el cambio climático y su variabilidad.
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Cooperación en materia de minería Las Partes acuerdan cooperar en el ámbito de la minería teniendo en cuenta sus legislaciones y procedimientos internos respectivos, así como aspectos de desarrollo sostenible, incluyendo la protección y la conservación del medio ambiente, a través de iniciativas como promover el intercambio de información, expertos,

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Turismo justo y sostenible 1. Las Partes reconocen la importancia del sector del turismo para reducir la pobreza mediante el desarrollo social y económico de las comunidades locales y el gran potencial económico de el Reino Unido y las Repúblicas de la Parte CA(*) para el desarrollo de negocios en este ámbito.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "ambas regiones") 2. Con este fin, acuerdan promover un turismo justo y sostenible, en particular para apoyar:

  • a)el desarrollo de políticas destinadas a optimizar los beneficios socioeconómicos del turismo; b) la creación y la consolidación de productos turísticos, a través de la prestación de servicios no financieros, formación, asistencia técnica y la prestación de servicios; c) la integración de consideraciones medioambientales, culturales y sociales en el desarrollo del sector del turismo, incluyendo tanto la protección como la promoción del patrimonio cultural y los recursos naturales; d) la participación de las comunidades locales en el proceso de desarrollo del turismo, en particular del turismo rural y comunitario, y el turismo ecológico; e) las estrategias de mercadeo y promoción, el desarrollo de la capacidad institucional y los recursos humanos, y la promoción de normas internacionales; f) la promoción de la cooperación y la asociación entre el sector público y el sector privado; g) la elaboración de planes de gestión para el desarrollo del turismo nacional y regional; h) la promoción de las tecnologías de la información en el ámbito del turismo.
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Cooperación en materia de transporte 1. Las Partes acuerdan que la cooperación en este ámbito se centrará en la reestructuración y modernización del transporte y los sistemas de infraestructuras relacionados, incluidos los puestos fronterizos; en facilitar y mejorar la circulación de personas y mercancías; y en proporcionar un mejor acceso a los mercados del transporte urbano, aéreo, marítimo, de vías navegables, ferroviario y vial, perfeccionando la gestión del transporte desde el punto de vista operativo y administrativo, y promoviendo unas normas de funcionamiento exigentes.

2. La cooperación podrá consistir, entre otras cosas, en:

  • a)intercambios de información sobre las políticas de las Partes, en especial, en materia de transporte urbano y la interconexión e interoperabilidad de las redes de transporte multimodal y otras cuestiones de interés mutuo; b) la gestión de las vías navegables, las carreteras, los ferrocarriles, los puertos y aeropuertos, incluyendo la colaboración adecuada entre las autoridades pertinentes; c) proyectos en el campo de los sistemas de navegación por satélite y transporte público urbano; (Así reformado el inciso anterior por el aparte 9 sub aparte b) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") d) la mejora de las normas de seguridad y prevención de la contaminación, incluida la cooperación en los foros internacionales apropiados para mejorar la observancia de las normas internacionales; e) actividades que promuevan el desarrollo del transporte aeronáutico y marítimo.
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Buena gobernanza en materia fiscal De conformidad con sus competencias respectivas, las Partes mejorarán la cooperación internacional en materia fiscal para facilitar la recaudación de los ingresos fiscales legítimos y para desarrollar medidas para la aplicación efectiva de los principios acordados internacionalmente de buena gobernanza en materia fiscal, como se ha mencionado en el artículo 22, parte II, del presente Acuerdo.

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Microempresas y pequeñas y medianas empresas Las Partes acuerdan promover la competitividad y la inserción en los mercados internacionales de las MIPYMEs rurales y urbanas y de sus organizaciones representantes, reconociendo su contribución a la cohesión social mediante la reducción de la pobreza y la creación de empleo, la prestación de servicios no financieros, formación y asistencia técnica, realizando, entre otras, las siguientes acciones de cooperación:

  • a)asistencia técnica y otros servicios de desarrollo empresarial (SDE); b) fortalecimiento de los marcos institucionales locales y regionales, para crear y operar MIPYMEs; c) apoyo a las MIPYMEs para que puedan participar en los mercados de bienes y servicios a nivel local e internacional, mediante la participación en ferias, misiones comerciales y otros mecanismos de promoción; d) promoción de procesos de encadenamientos productivos; e) promoción del intercambio de experiencias y mejores prácticas; f) fomento de inversiones conjuntas, alianzas y redes empresariales; g) identificación y reducción de obstáculos a los que se enfrentan las MIPYMEs para acceder a fuentes de financiación, y creación de nuevos mecanismos de financiación; h) promoción de la transferencia tanto de tecnología como de conocimientos; i) apoyo a la innovación, así como a la investigación y el desarrollo; j) apoyo a la utilización de sistemas de gestión de la calidad.
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Cooperación en materia de microcréditos y microfinanciación Las Partes están de acuerdo en que, a fin de reducir la desigualdad de ingresos, la microfinanciación, incluidos los programas de microcrédito, genera empleo por cuenta propia y ha demostrado ser un instrumento eficaz para ayudar a superar la pobreza y reducir la vulnerabilidad ante las crisis económicas, y trae consigo una mayor participación en la economía. La cooperación abordará las cuestiones siguientes:

  • a)el intercambio de experiencias y conocimientos especializados en los ámbitos de la banca ética, la banca asociativa y autogestionada centrada en la comunidad y el refuerzo de programas sostenibles de microfinanciación, que incluyan programas de certificación, monitoreo y validación; b) el acceso al microcrédito, facilitando el acceso a los servicios financieros prestados por bancos e instituciones financieras mediante incentivos y programas de gestión del riesgo; c) el intercambio de experiencias sobre políticas y legislación alternativa que promueva la creación de una banca popular y ética.

INTEGRACIÓN REGIONAL

TÍTULO VII

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Cooperación en el ámbito de la integración regional 1. Las Partes acuerdan que la cooperación en este ámbito fortalecerá el proceso de integración regional en Centroamérica en todos sus aspectos, en particular el desarrollo y la aplicación de su mercado común, con el objetivo de lograr progresivamente una Unión Económica.

2. La cooperación apoyará actividades relacionadas con el proceso de integración de Centroamérica, en particular el desarrollo y el fortalecimiento de instituciones comunes a fin de hacerlas más eficientes, auditables y transparentes, así como de sus relaciones interinstitucionales.

3. La cooperación fortalecerá la participación de la sociedad civil en el proceso de integración dentro de las condiciones establecidas por las Partes e incluirá el apoyo a mecanismos de consulta y campañas de sensibilización.

4. La cooperación promoverá la elaboración de políticas comunes y la armonización de los marcos jurídicos en la medida en que estén contemplados en los instrumentos de integración centroamericana, incluidas las políticas económicas como las de comercio, aduanas, agricultura, energía, transporte, comunicaciones, competencia, así como la coordinación de políticas macroeconómicas en ámbitos como la política monetaria, la política fiscal y las finanzas públicas.

La cooperación podrá promover además la coordinación de políticas sectoriales en ámbitos como la protección de los consumidores, el medio ambiente, la cohesión social, la seguridad, la prevención de los riesgos y desastres naturales y la respuesta a los mismos. Se prestará especial atención a la perspectiva de género.

5. La cooperación podrá promover la inversión en infraestructura y redes comunes, en particular en las fronteras de las Repúblicas de la Parte CA.

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Cooperación regional Las Partes acuerdan utilizar todos los instrumentos de cooperación existentes para promover actividades destinadas a desarrollar una cooperación activa entre la Reino Unido(*) y las Repúblicas de la Parte CA, sin menoscabo de la cooperación entre estas, entre las Repúblicas de la Parte CA y otros países y/o regiones de América Latina y el Caribe en todos los ámbitos de cooperación objeto del presente Acuerdo. Se procurará que las actividades de cooperación regional y bilateral sean complementarias.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "Parte UE")

CULTURA Y COOPERACIÓN AUDIOVISUAL

TÍTULO VIII

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Cultura y cooperación audiovisual 1. Las Partes se comprometen a promover la cooperación cultural para fortalecer la comprensión mutua y fomentar intercambios culturales equilibrados, así como la circulación de actividades, bienes y servicios culturales, y de artistas y profesionales de la cultura, incluyendo otras organizaciones de la sociedad civil procedentes de la Reino Unido(*) y de las Repúblicas de la Parte CA, de conformidad con su legislación respectiva.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "Parte UE") 2. Las Partes fomentarán el diálogo intercultural entre las personas, las instituciones culturales y las organizaciones que representan a la sociedad civil de la Reino Unido(*) y de las Repúblicas de la Parte CA.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "Parte UE") 3. Las Partes fomentarán la coordinación en el contexto de la UNESCO a fin de promover la diversidad cultural, entre otras a través de consultas sobre la ratificación y la aplicación de la Convención sobre la Protección y la Promoción de la Diversidad de las Expresiones Culturales por la Reino Unido(*) y las Repúblicas de la Parte CA. La cooperación también incluirá la promoción de la diversidad cultural, incluida la de los pueblos indígenas y las prácticas culturales de otros grupos específicos, así como la educación en lenguas autóctonas.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "Parte UE") 4. Las Partes acuerdan promover la cooperación en los sectores audiovisual y de los medios de comunicación, incluyendo la radio y la prensa, a través de iniciativas conjuntas de formación así como de actividades de desarrollo audiovisual, producción y distribución, incluso en el ámbito educativo y cultural.

5. La cooperación tendrá lugar de conformidad con las disposiciones nacionales relevantes y los acuerdos internacionales aplicables sobre derechos de autor.

6. La cooperación en este ámbito también incluirá, entre otras cosas, la protección y la promoción del patrimonio natural y cultural (tangible e intangible), incluyendo la prevención y la lucha contra el tráfico ilícito del patrimonio cultural, con arreglo a los instrumentos internacionales pertinentes.

7. Se anexa al presente Acuerdo un Protocolo sobre Cooperación Cultural de relevancia para el presente título.

SOCIEDAD DEL CONOCIMIENTO

TÍTULO IX

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Sociedad de la información 1. Las Partes están de acuerdo en que las tecnologías de la información y de la comunicación son sectores clave en una sociedad moderna y son vitales para el desarrollo económico y social y para una transición armoniosa hacia la sociedad de la información. La cooperación en este ámbito ayudará a establecer un marco regulatorio y tecnológico sólido, fomentará el desarrollo de estas tecnologías y elaborará políticas que ayudarán a reducir la brecha digital y desarrollar capacidades humanas, proporcionará un acceso equitativo e inclusivo a las tecnologías de la información y aprovechará al máximo el uso de estas tecnologías para suministrar servicios. En este sentido, la cooperación también apoyará la aplicación de estas políticas y ayudará a mejorar la interoperabilidad de los servicios de comunicaciones electrónicas.

2. La cooperación en este ámbito también estará encaminada a promover:

  • a)el diálogo y el intercambio de experiencias sobre cuestiones regulatorias y políticas relacionadas con la sociedad de la información, incluido el uso de tecnologías de la información y de la comunicación como el gobierno digital, el aprendizaje electrónico y la salud en línea, así como políticas destinadas a reducir la brecha digital; b) el intercambio de experiencias y mejores prácticas relativas al desarrollo y la implementación de aplicaciones de gobierno digital; c) el diálogo y el intercambio de experiencias sobre el desarrollo del comercio electrónico, así como la firma digital y el teletrabajo; d) el intercambio de información sobre normas, evaluación de la conformidad y la homologación; e) proyectos conjuntos de investigación y desarrollo en tecnologías de la información y de la comunicación; f) el desarrollo del uso de la Red Académica Avanzada, es decir, la búsqueda de soluciones a largo plazo que garanticen que REDClara sea autosostenible.
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Cooperación científica y tecnológica 1. La cooperación en este ámbito tendrá por objeto desarrollar capacidades científicas, tecnológicas y de innovación que abarquen todas las actividades que se inscriben en los programas marco de investigación. A tal fin, las Partes fomentarán el diálogo sobre políticas a nivel regional, el intercambio de información y la participación de sus organismos de investigación y desarrollo tecnológico en las actividades de cooperación científicas y tecnológicas siguientes, con arreglo a sus normas internas:

(Nota de Sinalevi: Mediante el aparte 10) sub aparte i) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó indicar que las palabras "abarquen todas las actividades que se inscriben en los programas marco de investigación"; del párrafo anterior no se incorpora al presente Acuerdo anteriormente referido) a) iniciativas conjuntas para sensibilizar sobre los programas de creación de capacidades en ciencia y tecnología, así como sobre los programas europeos de investigación y desarrollo tecnológico y demostración; (Nota de Sinalevi: Mediante el aparte 10) sub aparte ii) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó indicar que las palabras "así como sobre los programas europeos de investigación y desarrollo tecnológico y demostración"; del inciso a) anterior anterior no se incorpora al presente Acuerdo anteriormente referido) b) iniciativas para promover la participación en los programas marco y en los demás programas pertinentes de la Unión Europea; (Nota de Sinalevi: Mediante el aparte 10) sub aparte iii) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó indicar que el inciso anterior no se incorpora al presente Acuerdo anteriormente referido) c) acciones de investigación conjunta en ámbitos de interés común; d) reuniones científicas conjuntas para fomentar el intercambio de información e identificar ámbitos de investigación conjunta; e) el fomento de estudios avanzados de ciencia y tecnología que contribuyan al desarrollo sostenible de las Partes a largo plazo; f) el desarrollo de vínculos entre el sector público y el sector privado; se hará especial hincapié en que se transpongan los resultados científicos y tecnológicos en los sistemas productivos y las políticas sociales nacionales, y se tendrán en cuenta los aspectos medioambientales y la necesidad de utilizar tecnologías más limpias; g) la evaluación de la cooperación científica y la difusión de los resultados; h) la promoción, la difusión y la transferencia de tecnología; i) la ayuda para establecer Sistemas Nacionales de Innovación (SNI), para desarrollar tecnología e innovación, con el fin de dar respuestas adecuadas a la demanda impulsada por pequeñas y medianas empresas y para promover, entre otras cosas, la producción local; y, además, la ayuda para desarrollar centros de excelencia y conglomerados de alta tecnología; j) la promoción de la formación, la investigación, el desarrollo y las aplicaciones de ciencia y tecnología nuclear para aplicaciones médicas que permitan transferir tecnología a las Repúblicas de la Parte CA en ámbitos como la salud, en particular la radiología y la medicina nuclear para el radiodiagnóstico y el tratamiento por radioterapia, y los ámbitos que las Partes establezcan de mutuo acuerdo, de conformidad con los convenios y normas internacionales vigentes, y de conformidad con la jurisdicción de la Agencia Internacional de la Energía Atómica.

2. Se concederá especial importancia al desarrollo del potencial humano como base duradera de la excelencia científica y tecnológica, y a la creación de vínculos sostenibles entre las comunidades científicas y tecnológicas de las Partes, tanto a nivel nacional como a nivel regional. A tal fin, se promoverán los intercambios de investigadores y de las mejores prácticas en proyectos de investigación.

3. Los centros de investigación, los centros de enseñanza superior y otros agentes interesados, incluidas las MIPYMEs, establecidos en las Partes, participarán en esta cooperación según proceda.

4. Las Partes acuerdan utilizar todos los mecanismos para aumentar la cantidad y la calidad de recursos humanos altamente calificados, entre otras cosas, a través de la capacitación e investigaciones conjuntas, becas e intercambios.

5. Las Partes promoverán la participación de sus entidades respectivas en los programas científicos y tecnológicos de las otras Partes, con el fin de alcanzar una excelencia científica mutuamente beneficiosa y con arreglo a sus disposiciones respectivas por las que se rige la participación de las entidades jurídicas de terceros países.

PARTE IV COMERCIO

TÍTULO I

DISPOSICIONES INICIALES

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Establecimiento de una zona de libre comercio y relación con el Acuerdo sobre la OMC 1. Las Partes en el presente Acuerdo, con arreglo al artículo XXIV del Acuerdo General sobre Aranceles Aduaneros y Comercio de 1994 (en lo sucesivo, el "GATT de 1994") y al artículo V del Acuerdo General sobre el Comercio de Servicios (en lo sucesivo, "el AGCS"), establecen una zona de libre comercio.

2. Las Partes reafirman sus derechos y obligaciones existentes1 respecto a la otra Parte de conformidad con el Acuerdo sobre la OMC.

1 El término "existentes" implica que el apartado se aplica exclusivamente a cualquier disposición existente del Acuerdo sobre la OMC y no a cualquier modificación o disposición acordada después de la finalización del presente Acuerdo.

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Objetivos Los objetivos de la parte IV del presente Acuerdo son:

  • a)la expansión y la diversificación del comercio de mercancías entre las Partes, mediante la reducción o la eliminación de barreras arancelarias y no arancelarias al comercio; b) la facilitación del comercio de mercancías, en particular a través de las disposiciones acordadas relativas a las aduanas y la facilitación del comercio, las normas, los reglamentos técnicos y los procedimientos de evaluación de la conformidad, así como las medidas sanitarias y fitosanitarias; c) la liberalización del comercio de servicios, de conformidad con el artículo V del AGCS; d) la promoción de la integración económica regional en el ámbito de los procedimientos aduaneros, los reglamentos técnicos y las medidas sanitarias y fitosanitarias para facilitar la circulación de mercancías entre las Partes y dentro de ellas; e) el desarrollo de un clima que dé lugar a incrementar el flujo de inversiones, la mejora de las condiciones de establecimiento entre las Partes sobre la base del principio de no discriminación y la facilitación del comercio y la inversión entre las Partes a través de pagos corrientes y movimientos de capital relacionados con la inversión directa; f) la apertura efectiva, recíproca y gradual de los mercados de contratación pública de las Partes; g) la protección adecuada y efectiva de los derechos de propiedad intelectual, con arreglo a las obligaciones internacionales vigentes entre las Partes, para garantizar el equilibrio entre los derechos de los titulares de los mismos y el interés público, teniendo en cuenta las diferencias entre las Partes y la promoción de la transferencia de tecnología entre el Reino Unido y las Repúblicas de la Parte CA(*); (*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "las regiones") h) la promoción de la competencia libre y sin distorsiones en las relaciones económicas y comerciales entre las Partes; i) el establecimiento de un mecanismo eficaz, justo y predecible de solución de controversias; y j) la promoción del comercio internacional y la inversión entre las Partes de manera que contribuya al objetivo de un desarrollo sostenible mediante un trabajo conjunto colaborativo.
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Definiciones de aplicación general Salvo disposición en contrario, a efectos de la parte IV del presente Acuerdo, los términos que figuran a continuación tendrán el siguiente significado:

- "Centroamérica", las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá; - "arancel aduanero", incluye cualquier impuesto o carga de cualquier tipo aplicado sobre o en relación con la importación de una mercancía, incluida cualquier forma de sobretasa o gravamen adicional impuestos sobre dicha importación o en relación con la misma. Un "arancel aduanero" no incluye:

  • a)carga equivalente a un impuesto interno establecido de conformidad con el artículo 85 del capítulo 1 (Trato nacional y acceso al mercado de mercancías) del título II; b) derecho establecido de conformidad con la legislación nacional de una Parte y consistente con el capítulo 2 (Defensa comercial) del título II; c) derechos u otras cargas establecidos de conformidad con la legislación nacional de una Parte y consistente con el artículo 87 del capítulo 1 del título II; - "días", días calendario, incluidos los fines de semana y los días feriados, salvo que se disponga otra cosa en el presente Acuerdo; - "Sistema armonizado" o "SA", el Sistema Armonizado de Designación y Codificación de Mercancías, incluidas sus reglas generales de interpretación y sus notas de sección y de capítulo, como fue adoptado y aplicado por las Partes en sus leyes arancelarias respectivas; - "persona jurídica", toda entidad jurídica debidamente constituida u organizada de otro modo de conformidad con la legislación aplicable, tenga o no fines de lucro y ya sea de propiedad privada o pública, incluida cualquier sociedad de capital, sociedad de gestión (trust), sociedad personal (partnership), empresa conjunta (joint venture), empresa individual o asociación; - "medida", cualquier acto u omisión, incluyendo las leyes, los reglamentos, los procedimientos, los requisitos o las prácticas; - "nacional", toda persona natural que tenga la nacionalidad de uno de los Estados miembros de la Unión Europea o de una República de la Parte CA con arreglo a su legislación respectiva; - "persona", toda persona natural o persona jurídica; - "trato arancelario preferencial", el tipo del arancel aduanero aplicable de conformidad con el presente Acuerdo a una mercancía originaria.

COMERCIO DE MERCANCÍAS

TRATO NACIONAL Y ACCESO DE LAS MERCANCÍAS AL MERCADO

TÍTULO II

CAPÍTULO 1

SECCIÓN A

DISPOSICIONES GENERALES

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Objetivo Las Partes liberalizarán progresivamente el comercio de mercancías conforme a lo dispuesto en el presente Acuerdo y de conformidad con el artículo XXIV del GATT de 1994.

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Ámbito de aplicación Salvo disposición en contrario, las disposiciones del presente capítulo se aplicarán al comercio de mercancías entre las Partes.

ELIMINACIÓN DE ARANCELES ADUANEROS

SECCIÓN B

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Clasificación de mercancías La clasificación de las mercancías objeto del comercio entre las Partes será la establecida en la nomenclatura arancelaria respectiva de cada Parte de conformidad con el Sistema Armonizado.

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Eliminación de aranceles aduaneros 1. Cada Parte eliminará los aranceles aduaneros sobre las mercancías originarias de la otra Parte con arreglo a las listas establecidas en el anexo I (Eliminación de aranceles aduaneros). A efectos del presente capítulo, "originario" significa que cumple las normas de origen establecidas en el anexo II (Relativo a la definición del concepto de "productos originarios" y métodos de cooperación administrativa)2.

2 A efectos del presente Acuerdo, salvo que se indique lo contrario, los términos "mercancía" y "producto" se considerarán equivalentes.

2. Para cada mercancía, la tasa base de los aranceles aduaneros a la que deben aplicarse las reducciones sucesivas con arreglo al apartado 1 será la especificada en las listas.

3. Si, en cualquier momento, una Parte reduce la tasa de su arancel aduanero de nación más favorecida aplicada después de la fecha en que se ha aplicado la parte IV del Acuerdo UE- Centroamércia, dicha tasa arancelaria se aplicará siempre y cuando sea inferior a la tasa de arancel aduanero calculada de conformidad con la lista de dicha Parte.

(Así reformado el párrafo anterior por el aparte 11 sub aparte i) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") 4. Cinco años después de la entrada en vigor del presente Acuerdo, previa solicitud de cualquiera de las Partes, estas se consultarán sobre la posibilidad de acelerar y ampliar el alcance de la eliminación de los aranceles aduaneros sobre las importaciones entre las Partes. Un acuerdo que adopten las Partes para acelerar o ampliar el ritmo de eliminación o para eliminar un arancel aduanero aplicado sobre una mercancía prevalecerá sobre cualquier tasa arancelaria o categoría de desgravación que se haya determinado de conformidad con sus listas para dicha mercancía.

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Statu quo Ninguna de las Partes aumentará un arancel aduanero vigente ni adoptará un nuevo arancel aduanero sobre una mercancía originaria de la otra Parte3. Esto no impedirá a cualquiera de las Partes:

3 En el caso de las mercancías que no se benefician de un trato arancelario preferencial, se entiende por "arancel aduanero" la "tasa base" indicada en la lista de cada Parte.

  • a)aumentar un arancel aduanero hasta el nivel establecido en su lista después de una reducción unilateral; b) mantener o aumentar un arancel aduanero autorizado por el Órgano de Solución de Diferencias de la OMC; o c) aumentar las tasas base de las mercancías excluidas a fin de lograr un arancel externo común.

MEDIDAS NO ARANCELARIAS

SECCIÓN C

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Trato nacional Cada Parte concederá trato nacional a las mercancías de la otra Parte de conformidad con el artículo III del GATT de 1994, incluidas sus notas interpretativas. Con este fin, el artículo III del GATT de 1994 y sus notas interpretativas se incorporan y forman parte integral del presente Acuerdo4.

4 Las Partes reconocen que el artículo 158 del capítulo 6 (Excepciones relativas a las mercancías) del título II también se aplica al presente artículo.

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Restricciones a la importación y la exportación Ninguna de las Partes adoptará o mantendrá prohibición o restricción alguna sobre la importación de una mercancía de la otra Parte o sobre la exportación o venta para la que se disponga lo contrario en el presente Acuerdo o de conformidad con el artículo XI del GATT de 1994 y sus notas interpretativas. Con este fin, el artículo XI del GATT de 1994 y sus notas interpretativas se incorporan y forman parte integral del presente Acuerdo5.

5 Las Partes reconocen que el artículo 158 del capítulo 6 (Excepciones relativas a las mercancías) del título II también se aplica al presente artículo.

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Derechos y otras cargas sobre las importaciones y las exportaciones Cada Parte garantizará, con arreglo al artículo VIII.1 del GATT de 1994 y sus notas interpretativas, que todos los derechos y cargas de cualquier tipo (con excepción de los aranceles aduaneros, las cargas equivalentes a un impuesto interno u otras cargas internas aplicadas de conformidad con el artículo 85 del presente capítulo, y los derechos antidumping y compensatorios, aplicados con arreglo a la legislación nacional de una Parte y de conformidad con el capítulo 2 (Defensa comercial) del presente título), sobre la importación o la exportación se limitan al coste aproximado de los servicios prestados y no representan una protección indirecta a las mercancías nacionales ni un impuesto sobre las importaciones o las exportaciones con propósitos fiscales.

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Aranceles o impuestos sobre las exportaciones Salvo disposición en contrario en el presente Acuerdo, ninguna de las Partes mantendrá ni adoptará un arancel o impuesto sobre la exportación de mercancías a la otra Parte o relacionado con dicha exportación.

AGRICULTURA

SECCIÓN D

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Subvenciones a las exportaciones agrícolas 1. A efectos del presente artículo, "subvenciones a la del Acuerdo de la OMC sobre la Agricultura (en lo sucesivo, el "Acuerdo sobre la Agricultura"), incluida cualquier modificación a dicho artículo.

2. Las Partes comparten el objetivo de trabajar conjuntamente en la OMC para garantizar la eliminación paralela de todas las formas de subvención a la exportación y el establecimiento de disciplinas sobre todas las medidas de exportación que tengan un efecto equivalente. A tal fin, las medidas de exportación con efecto equivalente comprenden los créditos a la exportación, las garantías de créditos a la dedicadas a la exportación y la ayuda alimentaria.

3. Ninguna Parte mantendrá, introducirá o reintroducirá subvenciones a la exportación sobre mercancías agrícolas que estén destinadas al territorio de la otra Parte y que:

  • a)sean plena e inmediatamente liberalizadas con arreglo al anexo I (Eliminación de aranceles aduaneros); o b) sean plena pero no inmediatamente liberalizadas y se beneficien de un contingente libre de aranceles en el momento de la entrada en vigor del presente Acuerdo con arreglo al anexo I (Eliminación de aranceles aduaneros); o c) estén sujetas a un trato arancelario preferencial conforme a lo dispuesto en el presente Acuerdo para los productos incluidos en las partidas 0402 y 0406 y se beneficien de un contingente libre de aranceles.

4. En los casos descritos en el apartado 3, letras a) a c), si una Parte mantiene, introduce o reintroduce subvenciones a la exportación, la Parte afectada/importadora podrá aplicar un arancel adicional que aumente los aranceles aduaneros sobre las importaciones de tales mercancías hasta el que resulte inferior entre el nivel del arancel aplicado de Nación Más Favorecida (NMF) y la tasa base establecida en el anexo I (Eliminación de aranceles aduaneros) durante el periodo establecido para mantener la subvención a la exportación.

5. Respecto a los productos plenamente liberalizados al cabo de un periodo transitorio de conformidad con el anexo I (Eliminación de aranceles aduaneros) que no se benefician de un contingente libre de aranceles en el momento de la entrada en vigor, ninguna Parte mantendrá, introducirá o reintroducirá subvenciones a la exportación al final de dicho periodo transitorio.

PESCA, ACUICULTURA, BIENES ARTESANALES Y PRODUCTOS ORGÁNICOS

SECCIÓN E

90

Cooperación técnica En los artículos 59, 60 y 61 del título VI (Desarrollo económico y comercial) de la parte III del presente Acuerdo, se establecen medidas de cooperación para la asistencia técnica para mejorar el comercio entre las Partes de productos de la pesca, la acuicultura, artesanales y orgánicos.

SECCIÓN F

DISPOSICIONES INSTITUCIONALES

91

Subcomité de Acceso de Mercancías al Mercado 1. Las Partes establecen un Subcomité de Acceso de Mercancías al Mercado de conformidad con el artículo 348 y según se establece en el anexo XXI (Subcomités).

2. Las funciones del Subcomité incluyen:

  • a)dar seguimiento a la aplicación y la administración correctas del presente capítulo; b) servir de foro para consultas relativas a la interpretación y la aplicación del presente capítulo; c) examinar las propuestas presentadas por las Partes respecto a la aceleración de la desgravación arancelaria y la inclusión de mercancías en las listas; d) formular las recomendaciones pertinentes al Comité de Asociación respecto a cuestiones de su competencia; y e) cualquier otra cuestión instruida por el Comité de Asociación.

DEFENSA COMERCIAL

MEDIDAS ANTIDUMPING Y COMPENSATORIAS

CAPÍTULO 2

SECCIÓN A

92

1. Las Partes mantienen sus derechos y obligaciones en virtud del Acuerdo de la OMC relativo a la Aplicación del artículo VI del Acuerdo General sobre Aranceles Aduaneros y Comercio de 1994 (en lo sucesivo, el "Acuerdo Antidumping"), del Acuerdo de la OMC sobre Subvenciones y Medidas Compensatorias (en lo sucesivo, el "Acuerdo SMC") y del Acuerdo de la OMC sobre Normas de Origen (en lo sucesivo, el "Acuerdo sobre Normas de Origen").

2. Cuando puedan establecerse medidas antidumping o compensatorias a nivel regional y nacional, las Partes se asegurarán de que las autoridades regionales y nacionales no apliquen tales medidas antidumping o compensatorias simultáneamente al mismo producto.

Disposiciones generales

93

Transparencia y seguridad jurídica 1. Las Partes acuerdan que las medidas de defensa comercial se utilizarán cumpliendo plenamente los requisitos de la OMC y se basarán en un sistema justo y transparente.

2. Reconociendo los beneficios de la seguridad jurídica y la previsibilidad para los agentes económicos, las Partes se asegurarán de que, cuando proceda, sus respectivas legislaciones nacionales en materia de medidas antidumping y compensatorias estén y permanezcan armonizadas y plenamente compatibles con la legislación de la OMC.

3. No obstante lo dispuesto en el artículo 6.9 del Acuerdo Antidumping y el artículo 12.8 del Acuerdo SMC, es deseable que las Partes garanticen, inmediatamente después del establecimiento de cualquier medida provisional, una comunicación plena y significativa de todos los hechos y consideraciones esenciales que formen la base de la decisión de aplicar medidas, sin perjuicio del artículo 6.5 del Acuerdo Antidumping y del artículo 12.4 del Acuerdo SMC. Las comunicaciones se harán por escrito y se facilitarán a las partes interesadas con tiempo suficiente para defender sus intereses.

4. Previa petición de las partes interesadas, las Partes les concederán la posibilidad de ser escuchadas para expresar sus opiniones durante las investigaciones sobre medidas antidumping o compensatorias. Esto no retrasará innecesariamente la realización de las investigaciones.

94

Consideración del interés público Una Parte podrá optar por no aplicar medidas antidumping o compensatorias si, sobre la base de la información disponible durante la investigación, cabe concluir claramente que la aplicación de tales medidas va en detrimento del interés público.

95

Regla del derecho inferior En caso de que una Parte decida establecer un derecho antidumping o compensatorio, la cuantía de dicho derecho no superará el margen de dumping o las subvenciones sujetas a derechos compensatorios, pero conviene que el derecho sea inferior a dicho margen si dicho derecho inferior es adecuado para eliminar el daño a la rama de producción nacional.

96

Relación causal Para establecer medidas antidumping o compensatorias y con arreglo a lo dispuesto en el artículo 3.5 del Acuerdo Antidumping y el artículo 15.5 del Acuerdo SMC, las autoridades investigadoras separarán y distinguirán, como parte de la demostración de una relación causal entre las importaciones objeto de dumping y el daño a la rama de producción nacional, los efectos perjudiciales de todos los factores conocidos de los efectos perjudiciales de las importaciones objeto de dumping o de subvención.

97

Evaluación acumulativa Cuando las importaciones procedentes de más de un país sean simultáneamente objeto de investigaciones sobre derechos antidumping o compensatorios, la autoridad investigadora de la Reino Unido(*) examinará con especial atención si la evaluación acumulativa de los efectos de las importaciones procedentes de cualquier República de la Parte CA es apropiada habida cuenta de las condiciones de competencia entre los productos importados y las condiciones de competencia entre los productos importados y el producto nacional similar.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "Parte UE")

98

Exclusión de los procedimientos de solución de controversias Las Partes no recurrirán al procedimiento de solución de controversias con arreglo al título X (Solución de controversias) de la parte IV del presente Acuerdo para las cuestiones que se deriven de la presente sección.

MEDIDAS DE SALVAGUARDIA SUBSECCIÓN B.1

SECCIÓN B

DISPOSICIONES GENERALES

99

Administración de los procedimientos de salvaguardia 1. Cada Parte se asegurará de que sus leyes, reglamentos, decisiones y resoluciones, por las que se rigen los procedimientos para la aplicación de las medidas de salvaguardia, se administren de manera coherente, imparcial y razonable.

2. Cada Parte asignará la determinación de daño grave, o de la amenaza del mismo, en los procedimientos de salvaguardia en el marco de la presente sección a una autoridad investigadora competente. Tal determinación estará sujeta a revisión por parte de tribunales judiciales o administrativos, en la medida en que lo prevea la legislación interna.

3. Cada Parte adoptará o mantendrá procedimientos equitativos, oportunos, transparentes y eficaces en relación con los procedimientos de salvaguardia en el marco de la presente sección.

100

No acumulación Ninguna Parte podrá aplicar con respecto al mismo producto y simultáneamente:

  • a)una medida de salvaguardia bilateral de conformidad con la subsección B.3 (Medidas de salvaguardia bilaterales) del presente capítulo; y b) una medida con arreglo al artículo XIX del GATT de 1994, el Acuerdo de la OMC sobre Salvaguardias (en lo sucesivo, el "Acuerdo sobre Salvaguardias") o el artículo 5 del Acuerdo sobre la Agricultura.

SUBSECCIÓN B.2 MEDIDAS DE SALVAGUARDIA MULTILATERALES

101

Las Partes mantienen sus derechos y obligaciones de conformidad con el artículo XIX del GATT de 1994, el Acuerdo sobre Salvaguardias, el artículo 5 del Acuerdo sobre la Agricultura y el Acuerdo sobre Normas de Origen.

Disposiciones generales

102

Transparencia No obstante lo dispuesto en el artículo 101, a solicitud de la otra Parte, la Parte que inicie una investigación o tenga la intención de adoptar medidas de salvaguardia proporcionará inmediatamente una notificación ad hoc por escrito con toda la información pertinente, incluso, cuando proceda, sobre el inicio de una investigación de salvaguardia, sobre las constataciones provisionales y sobre las constataciones finales de la investigación.

103

Exclusión de los procedimientos de solución de controversias Las Partes no recurrirán al procedimiento de solución de controversias de conformidad con el título X (Solución de controversias) de la parte IV del presente Acuerdo para las disposiciones relativas a los derechos y obligaciones en el marco de la OMC que se deriven de la presente subsección.

SUBSECCIÓN B.3 MEDIDAS DE SALVAGUARDIA BILATERALES

104

Aplicación de una medida de salvaguardia bilateral 1. No obstante lo dispuesto en la subsección B.2 (Medidas de salvaguardia multilaterales), si, como consecuencia de la reducción o la eliminación de un arancel aduanero en virtud del presente Acuerdo, un producto originario de una Parte está siendo importado en el territorio de la otra Parte en cantidades tan elevadas, en términos absolutos o en términos relativos respecto a la producción nacional, y en condiciones tales que constituyan una causa sustancial o amenaza de daño grave a los productores nacionales de productos similares o directamente competidores, la Parte importadora podrá adoptar las medidas adecuadas conforme a las condiciones y los procedimientos fijados en la presente subsección.

2. Si se cumplen las condiciones del apartado 1, las medidas de salvaguardia de la Parte importadora podrán consistir únicamente en una de las siguientes:

  • a)suspensión de la reducción futura de la tasa del arancel aduanero aplicable al producto en cuestión establecida de conformidad con el presente Acuerdo; o b) aumento de la tasa del arancel aduanero sobre el producto en cuestión hasta un nivel que no supere el menor de los siguientes:
  • i)la tasa del arancel aduanero de nación más favorecida aplicado al producto en el momento en que se adopta la medida; o ii) la tasa del arancel aduanero de nación más favorecida aplicado al producto el día inmediatamente anterior a la fecha en que se ha aplicado la parte IV del Acuerdo UE-Centroamércia.

(Así reformado el párrafo anterior por el aparte 11 sub aparte i) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") 3. En el caso de los productos que ya estaban plenamente liberalizados antes de la fecha en que se ha aplicado la parte IV del Acuerdo UE-centroamérica Acuerdo a raíz de preferencias arancelarias concedidas antes de la fecha en que se ha aplicado la parte IV del Acuerdo UE-Centroamércia, la Reino Unido(*) examinará con especial atención si el aumento de las importaciones resulta de la reducción o la eliminación de aranceles aduaneros en virtud del presente Acuerdo.

(Así reformado el párrafo anterior por el aparte 11 sub aparte ii) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") (*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "Parte UE") 4. Ninguna de las medidas anteriores se aplicará dentro de los límites de los contingentes arancelarios libres de aranceles concedidos en virtud del presente Acuerdo.

105

Condiciones y limitaciones 1. No se podrá aplicar ninguna medida de salvaguardia bilateral:

  • a)excepto en la medida y por el tiempo que pueda ser necesaria para prevenir o remediar la situación descrita en los artículos 104 o 109; b) por un período superior a dos años; el plazo podrá prorrogarse otros dos años si las autoridades competentes de la Parte importadora determinan, de conformidad con los procedimientos especificados en la presente subsección, que la medida sigue siendo necesaria para prevenir o remediar las situaciones descritas en los artículos 104 o 109, siempre y cuando el periodo de aplicación total de una medida de salvaguardia, incluido el periodo de aplicación inicial y cualquier prórroga del mismo, no sea superior a cuatro años; o c) más allá de la expiración del periodo de transición, excepto con el consentimiento de la otra Parte; por "periodo de transición", se entiende diez años a partir de la fecha de entrada en vigor del presente Acuerdo; respecto a cualquier mercancía para la cual la lista que figura en el anexo I (Eliminación de aranceles aduaneros) de la Parte que aplica la medida establezca la eliminación arancelaria de diez o más años, por "periodo de transición" se entiende el periodo de desgravación arancelaria correspondiente a las mercancías que figuran en dicha lista, más tres años.

2. Cuando una de las Partes deje de aplicar una medida de salvaguardia bilateral, la tasa del arancel aduanero será la que habría estado en vigor para la mercancía según la lista de dicha Parte.

106

Medidas provisionales En circunstancias críticas en las que un retraso produciría daños difíciles de remediar, una Parte podrá aplicar una medida de salvaguardia bilateral de forma provisional, sin cumplir los requisitos del artículo 116, apartado 1, del presente capítulo cuando se haya determinado de forma preliminar que existen pruebas claras de que las importaciones de un producto originario de la otra Parte han aumentado como consecuencia de la reducción o la eliminación de un arancel aduanero en virtud del presente Acuerdo, y de que tales importaciones causan o amenazan con causar las situaciones descritas en los artículos 104 o 109. La duración de cualquier medida provisional no será superior a doscientos días y, durante ese tiempo, la Parte cumplirá las reglas de procedimiento pertinentes establecidas en la subsección B.4 (Reglas de procedimiento aplicables a las medidas de salvaguardia bilaterales). La Parte reembolsará con prontitud cualquier aumento de los aranceles si en la investigación descrita en la subsección B.4 no se llega a la conclusión de que se cumplen los requisitos del artículo 104. La duración de cualquier medida provisional se contará como parte del periodo especificado en el artículo 105, apartado 1, letra b). La Parte importadora en cuestión informará a la otra Parte al momento de adoptar tales medidas provisionales y remitirá inmediatamente el asunto al Comité de Asociación para que este la estudie si la otra Parte lo solicita.

107

Compensación y suspensión de concesiones 1. Una Parte que aplique una medida de salvaguardia bilateral consultará a la Parte cuyos productos están sujetos a la medida para acordar mutuamente una compensación de liberalización comercial apropiada en forma de concesiones que tengan un efecto comercial sustancialmente equivalente. La Parte brindará una oportunidad para tales consultas a más tardar treinta días a partir de la aplicación de la medida de salvaguardia bilateral.

2. Si las consultas mencionadas en el apartado 1 no dan lugar a un acuerdo sobre la compensación de liberalización comercial en un plazo de treinta días, la Parte cuyos productos están sujetos a la medida de salvaguardia podrá suspender la aplicación de concesiones sustancialmente equivalentes al comercio de la Parte que aplica la medida de salvaguardia.

108

Período de tiempo entre dos medidas Ninguna de las medidas de salvaguardia mencionadas en la presente subsección se aplicará a la importación de un producto que haya estado sujeto anteriormente a tal medida, a no ser que haya transcurrido un periodo de tiempo equivalente a la mitad del periodo durante el cual se aplicó la medida de salvaguardia para el periodo inmediatamente anterior.

109

Regiones ultraperiféricas 1. Cuando cualquier producto originario de una o varias de las Repúblicas de la Parte CA esté siendo importado en el territorio de una o varias de el Reino Unido y las Repúblicas de la Parte CA(**) ultraperiféricas de la Reino Unido(*) en cantidades tan elevadas y en condiciones tales como para causar o amenazar causar un grave deterioro en la situación económica de la región o regiones ultraperiféricas afectadas de la Reino Unido(*), esta, tras haber examinado las soluciones alternativas, podrá adoptar excepcionalmente medidas de salvaguardia limitadas al territorio de la región o el Reino Unido y las Repúblicas de la Parte CA(**) afectadas.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "Parte UE") (**) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "las regiones") 2. Sin perjuicio de lo dispuesto en el apartado 1, otras normas establecidas en la presente subsección aplicables a las salvaguardias bilaterales también son aplicables a cualquier salvaguardia adoptada de conformidad con el presente artículo.

3. El Consejo de Asociación podrá debatir si, en casos de grave deterioro, o de amenaza de grave deterioro, de la situación económica de regiones extremadamente subdesarrolladas de las Repúblicas de la Parte CA, el presente artículo puede aplicarse también a dichas regiones.

(Nota de Sinalevi: Mediante el aparte 11) sub aparte b) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó indicar que este numeral y toda referencia alguna al artículo 109, no se incorpora al Acuerdo anteriormente referido) SUBSECCIÓN B.4 REGLAS DE PROCEDIMIENTO APLICABLES A LAS MEDIDAS DE SALVAGUARDIA BILATERALES

110

Derecho aplicable Para la aplicación de las medidas de salvaguardia bilaterales, la autoridad investigadora competente cumplirá lo dispuesto en la presente subsección y, en los casos no contemplados en la misma, la autoridad investigadora competente aplicará las reglas establecidas en virtud de su legislación interna.

111

Inicio de un procedimiento 1. Con arreglo a la legislación interna de cada Parte, cuando sea aplicable, la autoridad investigadora competente podrá iniciar un procedimiento de salvaguardia por iniciativa propia, o cuando haya recibido una solicitud por escrito de una entidad que demuestre ser representativa de la rama de producción nacional que produce una mercancía similar o directamente competidora con la mercancía importada.; (Así reformado el párrafo anterior por el aparte 11 sub aparte c. i) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") 2. Una vez que se hayan presentado solicitudes por escrito, estas se pondrán inmediatamente a disposición del público, salvo la información confidencial que contengan.

3. Al iniciarse un procedimiento de salvaguardia, la autoridad investigadora competente publicará un anuncio de inicio del procedimiento en el diario oficial de la Parte. En el anuncio se identificará la entidad que presentó la solicitud por escrito, si fuera el caso, la mercancía importada que es objeto del procedimiento, así como su subpartida y su fracción arancelaria bajo la cual es clasificada, la naturaleza y los plazos en que se dictará la resolución, la hora y lugar de la audiencia pública o el plazo en el que las partes interesadas podrán solicitar ser escuchadas por la autoridad investigadora, el plazo durante el cual las partes interesadas podrán expresar su opinión por escrito y presentar información, el lugar en el que podrán inspeccionarse la solicitud por escrito y los demás documentos no confidenciales presentados a lo largo del procedimiento, así como el nombre, la dirección y el número de teléfono de la oficina de contacto para obtener más información.

4. Respecto a cualquier procedimiento de salvaguardia iniciado sobre la base de una solicitud por escrito presentada por una entidad que afirme ser representativa de la rama de producción nacional, la autoridad investigadora competente no publicará el anuncio requerido en el apartado 3 sin haber evaluado antes cuidadosamente si la solicitud por escrito cumple cualesquier requisites de su legislación interna.

(Así reformado el párrafo anterior por el aparte 11 sub aparte c. ii) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019")

112

Investigación 1. Una Parte podrá aplicar una medida de salvaguardia únicamente a raíz de una investigación de la autoridad investigadora competente de dicha Parte con arreglo a los procedimientos establecidos en la presente subsección. Dicha investigación incluirá un aviso público razonable a todas las partes interesadas, así como audiencias públicas u otros medios apropiados en que los importadores, lo que incluye la oportunidad de responder a las comunicaciones de otras partes.

2. Cada Parte se asegurará de que su autoridad investigadora competente concluya todas las investigaciones de este tipo en un plazo de doce meses a partir de su fecha de inicio.

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Prueba del daño y relación causal 1. Al realizar su procedimiento, la autoridad investigadora competente evaluará todos los factores pertinentes de naturaleza objetiva y cuantificable que influyan en la situación de la rama de producción nacional, en particular el ritmo y la cuantía del incremento de las importaciones del producto en cuestión en términos absolutos o relativos respecto a la producción nacional, la cuota de mercado interno absorbido por el incremento de las importaciones y los cambios en el nivel de ventas, producción, productividad, utilización de la capacidad, pérdidas y ganancias, y empleo.

2. No se determinará si el aumento de las importaciones ha causado o amenaza con causar las situaciones descritas en los artículos 104 o 109, a menos que la investigación demuestre, basándose en pruebas objetivas, que existe una clara relación causal entre el aumento de las importaciones de la mercancía en cuestión y las situaciones descritas en los artículos 104 o 109. En caso de que factores distintos del aumento de las importaciones causen al mismo tiempo las situaciones descritas en los artículos 104 o 109, tal daño o deterioro grave de la situación económica no se atribuirá al aumento de las importaciones.

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Audiencias En el transcurso de cada procedimiento, la autoridad investigadora competente:

  • a)celebrará una audiencia pública, después de haber dado un aviso con un plazo razonable, que permita a todas las partes interesadas y a cualquier asociación de consumidores representativa comparecer en persona o a través de representante, presentar pruebas y ser escuchadas en relación con un daño grave o una amenaza de daño grave y el remedio apropiado; o b) brindará a todas las partes interesadas la oportunidad de ser escuchadas en caso que hayan realizado una solicitud por escrito en el plazo establecido en el anuncio de inicio, en la que se demuestre que es probable que se vean afectadas por el resultado de la investigación y que existen motivos especiales por los que deben ser escuchados oralmente.
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Información confidencial Toda información que por su naturaleza sea confidencial o que se facilite con carácter confidencial será, previa justificación suficiente al respecto, tratada como tal por la autoridad investigadora competente. Dicha información no será revelada sin autorización de la parte que la haya presentado.

Se podrá pedir a las partes que faciliten información confidencial que proporcionen resúmenes no confidenciales de la misma o, si dichas partes indican que dicha información no puede resumirse, las razones por las cuales no se puede facilitar un resumen. No obstante, si la autoridad investigadora competente considera que una solicitud de confidencialidad no está justificada y que la parte interesada no está dispuesta a hacer pública dicha información ni a autorizar su divulgación en términos generales o resumidos, la autoridad podrá no tener en cuenta esa información, salvo que se le demuestre de manera convincente, de fuente apropiada, que la información es exacta.

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Notificaciones y publicaciones 1. En caso de que una Parte considere que se da una de las circunstancias expuestas en los artículos 104 o 109, remitirá inmediatamente el asunto al Comité de Asociación para que este lo estudie. El Comité de Asociación podrá formular cualquier recomendación necesaria para remediar las circunstancias que han surgido. Si el Comité de Asociación no ha formulado ninguna recomendación dirigida a remediar las circunstancias o no se ha alcanzado ninguna otra solución satisfactoria en un plazo de treinta días desde que se remitió el asunto al Comité de Asociación, la Parte importadora podrá adoptar las medidas adecuadas para remediar las circunstancias de conformidad con la presente subsección.

2. La autoridad investigadora competente facilitará a la Parte exportadora toda la información pertinente, en la que incluirá pruebas del daño o deterioro grave en la situación económica, causados por el aumento de las importaciones, una descripción precisa del producto en cuestión y las medidas propuestas, la fecha de imposición propuesta y la duración prevista.

3. La autoridad investigadora competente también publicará sus constataciones y las conclusiones razonadas a que haya llegado sobre todas las cuestiones pertinentes de hecho y de derecho en el diario oficial de la Parte, e incluirá la descripción de la mercancía importada y la situación que ha dado lugar al establecimiento de medidas de conformidad con los artículos 104 o 109, la relación de causalidad entre tal situación y el aumento de las importaciones, así como la forma, el nivel y la duración de las medidas.

4. La autoridad investigadora competente no revelará ninguna información facilitada de conformidad con cualquier compromiso sobre información confidencial que pueda haberse realizado durante los procedimientos.

ADUANAS Y FACILITACIÓN DEL COMERCIO

CAPÍTULO 3

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Objetivos 1. Las Partes reconocen la importancia de los asuntos relacionados con las aduanas y la facilitación del comercio en el contexto evolutivo del comercio mundial. Las Partes acuerdan fortalecer la cooperación en este ámbito a fin de garantizar que la legislación y los procedimientos pertinentes, así como la capacidad administrativa de las administraciones pertinentes cumplan los objetivos de un control efectivo y la promoción de la facilitación del comercio, y ayuden a promover el desarrollo y la integración regional de las Repúblicas de la Parte CA.

2. Las Partes reconocen que los objetivos legítimos de política pública, incluidos los relacionados con la seguridad y la prevención del fraude, no se comprometerán en modo alguno.

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Aduanas y procedimientos relacionados con el comercio 1. Las Partes acuerdan que sus legislaciones, sus disposiciones y sus procedimientos respectivos en materia aduanera se basarán en:

  • a)los instrumentos internacionales y normas aplicables en el ámbito de las aduanas, incluido el Marco Normativo de la OMA para Asegurar y Facilitar el Comercio Global, así como el Convenio Internacional sobre el Sistema Armonizado de Designación y Codificación de Mercancías; b) la protección y la facilitación del comercio legítimo a través de la aplicación efectiva y el cumplimiento de los requisitos establecidos en la legislación aduanera; c) legislación que evite cargas innecesarias o discriminatorias, proteja contra el fraude aduanero y facilite aún más el logro de mayores niveles de cumplimiento; d) la aplicación de técnicas aduaneras modernas, que incluyan la gestión del riesgo, procedimientos simplificados para la entrada y el despacho de mercancías, controles posteriores al despacho y métodos de auditoría de empresas; e) un sistema de resoluciones vinculantes sobre cuestiones aduaneras, en especial sobre la clasificación arancelaria y las normas de origen, de conformidad con las normas establecidas en la legislación de las Partes; f) el desarrollo progresivo de sistemas, incluidos los basados en tecnología de la información, para facilitar el intercambio electrónico de datos en el marco de las administraciones aduaneras y con otras instituciones públicas relacionadas; g) normas que garanticen que cualquier sanción impuesta por infracciones menores de normas aduaneras o de requisitos procedimentales es proporcionada y no discriminatoria y que su aplicación no da lugar a retrasos injustificados; h) derechos y cargas que sean razonables y cuyo importe se limite al coste del servicio prestado en relación con cualquier transacción específica y que no se calculen sobre una base ad valorem. No se impondrán derechos y cargas por servicios consulares; y i) la eliminación de cualquier requisito para el uso obligatorio de inspecciones previas a la expedición, tal como se definen en el Acuerdo de la OMC sobre Inspección Previa a la Expedición, o cualquier otra actividad de inspección realizada en el destino, antes del despacho de aduana, por empresas privadas.

2. Las Partes acuerdan que sus legislaciones, disposiciones y procedimientos en materia de aduanas se basarán, en la medida de lo posible, en los elementos sustantivos del Convenio Internacional para la Simplificación y Armonización de los Regímenes Aduaneros modificado (Convenio de Kioto Revisado) y sus anexos.

3. Para mejorar los métodos de trabajo, así como garantizar la no discriminación, la transparencia, la eficiencia, la integridad y la rendición de cuentas de las operaciones, las Partes:

  • a)adoptarán medidas, en la medida de lo posible, para reducir, simplificar y normalizar los datos y la documentación requeridos por las aduanas y otras instituciones públicas relacionadas; b) simplificarán los requisitos y las formalidades siempre que sea posible, con respecto a la liberalización y el despacho rápido de las mercancías; c) establecerán procedimientos efectivos, inmediatos, no discriminatorios y fácilmente accesibles que garanticen el derecho de recurso, de conformidad con la legislación de cada Parte, contra las acciones, resoluciones y decisiones administrativas en materia aduanera que afecten a las importaciones, las exportaciones o las mercancías en tránsito. Las cargas, en su caso, serán proporcionales a los costos de los procedimientos de recurso; y d) adoptarán medidas para garantizar que se mantienen los mayores niveles de integridad.

4. Las Partes se asegurarán de que la legislación relativa a los agentes de aduana se base en normas transparentes y proporcionadas. En caso de que una Parte requiera el uso obligatorio de agentes de aduana, las personas jurídicas podrán operar con sus propios agentes de aduana que hayan recibido licencia de las autoridades competentes para este propósito. Esta disposición no irá en perjuicio de la posición de las Partes en negociaciones multilaterales.

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Movimientos de tránsito 1. Las Partes garantizarán la libertad de tránsito a través de su territorio, de conformidad con los principios del artículo V del GATT de 1994.

2. Cualquier restricción, control o requisito deberá perseguir un objetivo legítimo de política pública, ser no discriminatorio y proporcionado y aplicarse de manera uniforme.

3. Sin perjuicio del control aduanero legítimo y la supervisión de las mercancías en tránsito, cada Parte concederá al tráfico en tránsito hacia o desde el territorio de cualquiera de las Partes un trato no menos favorable que el concedido al tráfico en tránsito a través de su territorio.

4. De conformidad con los principios del artículo V del GATT de 1994, las Partes operarán regímenes que permitan el tránsito de mercancías sin imponer ningún derecho de aduana, derecho de tránsito u otras cargas impuestas respecto al tránsito, salvo las cargas por transporte o los correspondientes a los gastos administrativos derivados del tránsito o al costo de los servicios prestados; y a reserva de ofrecer una garantía apropiada.

5. Las Partes promoverán y aplicarán acuerdos regionales de tránsito para reducir los obstáculos al comercio.

6. Las Partes garantizarán la cooperación y la coordinación en su territorio de todas las autoridades y agencias interesadas, a fin de facilitar el tráfico en tránsito y promover la cooperación transfronteriza.

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Relaciones con la comunidad empresarial Las Partes convienen en:

  • a)asegurarse de que toda la legislación, los procedimientos, y los derechos y cargas puedan ser conocidos por el público, en la medida de lo posible, a través de medios electrónicos, junto con la información adicional necesaria.

Las Partes pondrán a disposición del público los avisos de carácter administrativo pertinentes, incluidos los requisitos y los procedimientos de entrada de las mercancías, los horarios y procedimientos de funcionamiento de las oficinas de aduanas, así como de los puntos de contacto para solicitar información; b) la necesidad de consultas oportunas y periódicas con representantes de las partes interesadas sobre las propuestas y los procedimientos legislativos en materia de aduanas. A tal fin, cada Parte establecerá mecanismos apropiados y periódicos de consulta; c) que debe transcurrir un periodo de tiempo razonable entre la publicación y la entrada en vigor de una ley o modificación de la misma, un procedimiento, o un derecho o carga6; 6 En las Partes cuya legislación exija la entrada en vigor al mismo tiempo que la publicación, el Gobierno velará por que se informe con una antelación suficiente a los operadores de cualquier nueva medida del tipo mencionado en el presente apartado.

  • d)fomentar la cooperación con la comunidad empresarial mediante procedimientos no arbitrarios y públicamente accesibles, como Memorandos de Entendimiento, que se basen en los promulgados por la OMA; y e) garantizar que sus respectivos requisitos y procedimientos aduaneros relacionados continúen respondiendo a las necesidades de la comunidad empresarial, se ajusten a las mejores prácticas y sigan siendo lo menos restrictivos posible para el comercio.
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Valoración en aduana El Acuerdo de la OMC relativo a la aplicación del artículo VII del Acuerdo General sobre Aranceles Aduaneros y Comercio de 1994 (en lo sucesivo, el "Acuerdo sobre Valoración en Aduana") regulará las normas de valoración en aduana aplicadas al comercio recíproco entre las Partes.

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Gestión del riesgo Cada Parte utilizará sistemas de gestión del riesgo que permitan a sus autoridades aduaneras centrarse en actividades de inspección de mercancías de alto riesgo y que faciliten el despacho y la circulación de mercancías de bajo riesgo.

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Subcomité de Aduanas, Facilitación del Comercio y Normas de Origen 1. Las Partes establecen un Subcomité de Aduanas, Facilitación del Comercio y Normas de Origen de conformidad con el artículo 348 y según se establece en el anexo XXI (Subcomités).

2. Las funciones del Subcomité incluyen:

  • a)dar seguimiento a la aplicación y la administración del presente capítulo y del anexo II (Relativo a la definición del concepto de "productos originarios" y métodos de cooperación administrativa) del presente Acuerdo; b) proporcionar un foro de consulta y debate sobre todas las cuestiones relativas a las aduanas, incluyendo en particular los procedimientos de aduana, la valoración en aduana, los regímenes arancelarios, la nomenclatura aduanera, la cooperación aduanera y la asistencia administrativa mutua en materia aduanera; c) proporcionar un foro de consulta y discusión sobre cuestiones relativas a las normas de origen y la cooperación administrativa; d) fomentar la cooperación en el desarrollo, la aplicación y el cumplimiento de los procedimientos aduaneros, la asistencia administrativa mutua en materia aduanera, las normas de origen y la cooperación administrativa; e) atender a las solicitudes de modificación de las normas de origen y presentar al Comité de Asociación los resultados de los análisis y las recomendaciones; f) realizar las tareas y funciones establecidas en el anexo II (Relativo a la definición del concepto de "productos originarios" y métodos de cooperación administrativa) del presente Acuerdo; g) fortalecer la cooperación en la creación de capacidades y asistencia técnica; y h) cualquier otra cuestión instruida por el Comité de Asociación.

3. Las Partes podrán acordar celebrar reuniones ad hoc sobre cooperación aduanera, normas de origen o asistencia administrativa mutua.

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Cooperación y asistencia técnica en materia de aduanas y facilitación del comercio En los artículos 53 y 54 del título VI (Desarrollo económico y comercial) de la parte III del presente Acuerdo, se establecen las medidas de asistencia técnica necesarias para la aplicación del presente capítulo.

OBSTÁCULOS TÉCNICOS AL COMERCIO

CAPÍTULO 4

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Objetivos 1. El objetivo del presente capítulo es facilitar e incrementar el comercio de mercancías identificando, previniendo y eliminando obstáculos innecesarios al comercio entre las Partes, que pueden derivarse de la elaboración, la adopción y la aplicación de reglamentos técnicos, normas y procedimientos de evaluación de la conformidad, dentro de los términos del Acuerdo de la OMC sobre Obstáculos Técnicos al Comercio (en lo sucesivo, "el Acuerdo OTC").

2. Las Partes se comprometen a cooperar en el fortalecimiento de la integración regional entre las Partes sobre cuestiones relativas a los obstáculos técnicos al comercio.

3. Las Partes se comprometen a establecer y fortalecer la capacidad técnica en las cuestiones relativas a los obstáculos técnicos al comercio, con el objetivo de mejorar el acceso a sus mercados respectivos.

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Las Partes reafirman sus derechos y obligaciones existentes con respecto a cada una en virtud del Acuerdo OTC, que se incorpora y forma parte integral del presente Acuerdo. Las Partes tendrán especialmente en cuenta el artículo 12 del Acuerdo OTC sobre el trato especial y diferenciado.

Disposiciones generales

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Ámbito y cobertura 1. El presente capítulo se aplica a la elaboración, la adopción y la aplicación de reglamentos técnicos, normas y procedimientos de evaluación de la conformidad, tal como se definen en el Acuerdo OTC, que puedan afectar al comercio de mercancías entre las Partes.

2. No obstante lo dispuesto en el apartado 1, el presente capítulo no se aplica a las medidas sanitarias y fitosanitarias definidas en el anexo A del Acuerdo de la OMC sobre la Aplicación de Medidas Sanitarias y Fitosanitarias (en lo sucesivo, el "Acuerdo MSF"), ni a las especificaciones de compra establecidas por organismos o instituciones gubernamentales para las necesidades de producción o de consumo de dichos organismos o instituciones gubernamentales, que se regirán por el título V (Contratación pública) de la parte IV del presente Acuerdo.

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Definiciones A efectos del presente capítulo, se aplicarán las definiciones del anexo 1 del Acuerdo OTC.

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Reglamentos técnicos Las Partes acuerdan aprovechar al máximo las buenas prácticas de reglamentación, como se indica en el Acuerdo OTC. En particular, las Partes acuerdan:

  • a)utilizar las normas internacionales pertinentes como base para los reglamentos técnicos, así como para los procedimientos de evaluación de la conformidad, excepto si tales normas internacionales constituyen un medio ineficaz o inapropiado para cumplir los objetivos legítimos perseguidos, y, en caso de que no se hayan utilizado normas internacionales como base, se deberá explicar, previa solicitud de la otra Parte, las razones por las que dichas normas han sido consideradas inapropiadas o ineficaces para la consecución del objetivo perseguido; b) promover la elaboración de reglamentos técnicos regionales y que estos sustituyan a los nacionales que estén vigentes, a fin de facilitar el comercio entre las Partes; c) establecer mecanismos para mejorar la información a las industrias de la otra Parte en materia de reglamentos técnicos (por ejemplo, a través de un sitio web público); y d) proporcionar, previa solicitud y sin demora indebida, información y en su caso, orientaciones por escrito sobre el cumplimiento de sus reglamentos técnicos, a la otra Parte o a sus operadores económicos.
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Normas 1. Las Partes confirman su obligación de conformidad con el artículo 4.1 del Acuerdo OTC para garantizar que sus organismos de normalización acepten y cumplan el "Código de Buena Conducta para la Elaboración, Adopción y Aplicación de Normas" del anexo 3 del Acuerdo OTC.

2. Las Partes se comprometen a:

  • a)garantizar una interacción adecuada de las autoridades reguladoras y de los organismos de normalización nacionales, regionales o internacionales; b) garantizar la aplicación de los principios establecidos en la "Decisión del Comité sobre los principios para la elaboración de normas, guías y recomendaciones en relación con los artículos 2 y 5 y el anexo 3 del Acuerdo", adoptada por el Comité sobre OTC de la OMC el 13 de noviembre de 2000; c) garantizar que sus organismos de normalización cooperen para que, en la medida de lo posible, el trabajo de normalización internacional se utilice como base para la elaboración de normas a nivel regional; d) promover la elaboración de normas regionales; cuando se adopte una norma regional, esta sustituirá plenamente a todas las normas nacionales vigentes; e) intercambiar información sobre el uso de normas de las Partes en conexión con los reglamentos técnicos y establecer, en la medida de lo posible, que las normas no sean obligatorias; e f) intercambiar información y conocimientos especializados sobre el trabajo realizado por organismos de normalización internacionales, regionales y nacionales, y sobre en qué medida se utilizan normas internacionales como base para sus normas nacionales y regionales; así como información de carácter general sobre los acuerdos de cooperación utilizados por cualquiera de las Partes en materia de normalización.
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Evaluación de la conformidad y acreditación 1. Las Partes reconocen que existe una amplia gama de mecanismos de evaluación de la conformidad para facilitar la aceptación de los productos en el territorio de las Partes, entre los que se encuentran:

  • a)la aceptación de una declaración de conformidad del proveedor; b) la designación de organismos de evaluación de la conformidad situados en el territorio de la otra Parte; c) la aceptación de los resultados de los procedimientos de evaluación de la conformidad por organismos ubicados en el territorio de la otra Parte; y d) acuerdos voluntarios entre organismos de evaluación de la conformidad en el territorio de cada Parte.

2. De acuerdo con esto, las Partes se comprometen a:

  • a)exigir procedimientos de evaluación de la conformidad que no sean más estrictos de lo necesario, de conformidad con el artículo 5.1.2 del Acuerdo OTC; b) velar por que, en caso de que varios organismos de evaluación de la conformidad hayan sido autorizados por una Parte de conformidad con su legislación interna aplicable, las medidas legislativas adoptadas por dicha Parte no restrinjan la libertad de los operadores para elegir donde deben llevar a cabo los procedimientos pertinentes de evaluación de la conformidad; e c) intercambiar información sobre la política de acreditación y considerar cómo aprovechar al máximo las normas internacionales de acreditación y los acuerdos internacionales que afectan a los organismos de acreditación de las Partes, por ejemplo a través de los mecanismos de la Cooperación Internacional para la Acreditación de Laboratorios (ILAC) y del Foro Internacional de Acreditación (IAF).
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Trato especial y diferenciado Conforme a lo dispuesto en el artículo 126 del presente capítulo, las Partes acuerdan:

  • a)velar por que las medidas legislativas no restrinjan la celebración de acuerdos voluntarios entre los organismos de evaluación de la conformidad situados en las Repúblicas de la Parte CA y los situados en la Reino Unido(*), y promover la participación de dichos organismos en esos acuerdos; (*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "Parte UE") b) que, cuando una de las Partes identifique un problema concreto relacionado con un reglamento técnico, norma o procedimiento de evaluación de la conformidad vigente o en proyecto que pueda afectar al comercio entre las Partes, la Parte exportadora podrá solicitar aclaraciones y orientaciones sobre cómo cumplir la medida de la Parte importadora; esta última prestará inmediatamente la debida atención a dicha solicitud y tendrá en cuenta las preocupaciones expresadas por la Parte exportadora; c) previa solicitud de la Parte exportadora, la Parte importadora se compromete a entregar sin demora, a través de sus autoridades competentes, información sobre los reglamentos técnicos, las normas y los procedimientos de evaluación de la conformidad aplicables a un grupo de mercancías o a una mercancía concreta para su comercialización en el territorio de la Parte importadora; y d) de conformidad con el artículo 12.3 del Acuerdo OTC, en la elaboración o la aplicación de reglamentos técnicos, normas y procedimientos de evaluación de la conformidad, la Reino Unido(*) tendrá en cuenta las necesidades especiales de desarrollo, financieras y comerciales de las Repúblicas de la Parte CA para garantizar que los reglamentos técnicos, normas y procedimientos de evaluación de la conformidad no creen obstáculos innecesarios a sus exportaciones.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "Parte UE")

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Cooperación y asistencia técnica Las Partes acuerdan que es de su interés común promover iniciativas de cooperación mutua y asistencia técnica sobre cuestiones relacionadas con los obstáculos técnicos al comercio. A este respecto, las Partes han identificado una serie de actividades de cooperación que se indican en el artículo 57 del título VI (Desarrollo económico y comercial) de la parte III del presente Acuerdo.

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Colaboración e integración regional Las Partes acuerdan que la colaboración entre autoridades nacionales y regionales encargadas de los obstáculos técnicos al comercio, tanto en el sector público como en el privado, es importante para facilitar el comercio dentro de el Reino Unido y las Repúblicas de la Parte CA(*) y entre las propias Partes. Con este fin, las Partes se comprometen a realizar acciones conjuntas, entre ellas:

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "las regiones") a) fortalecer su cooperación en materia de normas, reglamentos técnicos, metrología, acreditación y evaluación de la conformidad, a fin de aumentar la comprensión mutua de sus respectivos sistemas y, en los ámbitos de interés común, estudiar las iniciativas de facilitación del comercio que hagan converger sus requisitos reglamentarios; con este fin, podrán establecer diálogos sobre reglamentación a nivel horizontal y sectorial; b) tratar de identificar, desarrollar y promover iniciativas que faciliten el comercio, las cuales incluirán pero no se limitarán a:

  • i)fortalecer la cooperación reglamentaria, por ejemplo mediante el intercambio de información, conocimientos especializados y datos, y la cooperación técnica y científica, a fin de mejorar la forma de elaborar los reglamentos técnicos, por lo que se refiere a la transparencia y la consulta, y utilizar eficazmente los recursos reglamentarios; ii) simplificar los procedimientos y los requisitos; y iii) promover y alentar la cooperación bilateral entre sus respectivos organismos públicos o privados responsables de la metrología, la normalización, las pruebas, la certificación y la acreditación; c) a solicitud, cada Parte dará la debida consideración a las propuestas de cooperación de la otra Parte en las condiciones del presente capítulo.
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Transparencia y procedimientos de notificación Las Partes acuerdan:

  • a)cumplir las obligaciones de transparencia de las Partes, como se indica en el Acuerdo OTC, y proporcionar un aviso temprano sobre la introducción de reglamentos técnicos y procedimientos de evaluación de la conformidad que tengan un efecto significativo sobre el comercio entre las Partes y, cuando se introduzcan dichos reglamentos técnicos y procedimientos de evaluación de la conformidad, dejar un tiempo suficiente entre su publicación y su entrada en vigor para que los agentes económicos se adapten a ellos; b) cuando se hagan notificaciones de conformidad con el Acuerdo OTC, dar a la otra Parte un plazo mínimo de sesenta días a partir de la notificación para presentar observaciones por escrito sobre la propuesta excepto cuando surjan o amenacen surgir problemas urgentes de seguridad, salud, protección del medio ambiente o seguridad nacional, y, cuando sea posible, prestar la atención debida a las solicitudes razonables de ampliación del periodo para formular observaciones; este período se ampliará en caso de que lo recomiende el Comité sobre OTC de la OMC; y c) tener debidamente en cuenta las opiniones de la otra Parte en caso de que, antes del proceso de notificación de la OMC, una parte del proceso de elaboración de un reglamento técnico o procedimiento de evaluación de la conformidad esté abierta a consulta pública conforme a los procedimientos de cada región; y, previa solicitud, facilitar respuestas por escrito a las observaciones formuladas por la otra Parte.
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Vigilancia del mercado Las Partes se comprometen a:

  • a)intercambiar opiniones sobre las actividades de vigilancia de mercado y las medidas para hacer cumplir la legislación; y b) garantizar que la vigilancia del mercado sea realizada por las autoridades competentes de forma independiente a fin de evitar conflictos de intereses.
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Tasas Las Partes se comprometen a garantizar que:

  • a)las tasas que puedan imponerse por evaluar la conformidad de los productos originarios del territorio de una Parte sean equitativas en comparación con las que se percibirían por evaluar la conformidad de productos similares de origen nacional u originarios del territorio de la otra Parte, teniendo en cuenta los gastos de las comunicaciones, el transporte y otros gastos producidos por el hecho de que las instalaciones del solicitante y las del organismo de evaluación de la conformidad estén en lugares diferentes; CENTR-AM/EU/es 165 b) una Parte dé a la otra la oportunidad de presentar una reclamación contra el importe cobrado por evaluar la conformidad de los productos cuando la tasa sea excesiva respecto al costo del servicio de certificación y cuando esta socave la competitividad de sus productos; y c) el periodo de tramitación previsto para cualquier proceso de evaluación de la conformidad obligatoria sea razonable y equitativo para las mercancías importadas y nacionales.
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Marcado y etiquetado 1. Las Partes reiteran, como se indica en el artículo 1 del anexo 1 del Acuerdo OTC, que un reglamento técnico podrá incluir o tratar exclusivamente sobre requisitos de marcado y etiquetado, y acuerdan que, en caso que sus reglamentos técnicos exijan cualquier requisito de marcado o etiquetado, se observen los principios del artículo 2.2 del Acuerdo OTC.

2. En particular, las Partes acuerdan lo siguiente:

  • a)que exigirán únicamente un marcado o un etiquetado pertinente para los consumidores o usuarios del producto o para indicar la conformidad del producto con los requisitos técnicos obligatorios7; 7 En caso de que se requiera etiquetado con fines fiscales, tal requisito se formulará de manera que no sea más restrictivo para el comercio de lo necesario para cumplir un objetivo legítimo.
  • b)si es necesario en vista del riesgo de los productos para la salud o la vida humana, animal o vegetal, el medio ambiente o la seguridad nacional, las Partes podrán:
  • i)exigir la aprobación, el registro o la certificación de etiquetas o marcados como condición previa para la venta en sus mercados respectivos; o ii) establecer requisitos sobre las características físicas o el diseño de una etiqueta, en particular que la información se coloque en una parte específica del producto o en un formato o tamaño determinados.

Lo anterior se entiende sin perjuicio de las medidas que las Partes adopten conforme a su normativa interna para verificar que el etiquetado cumple los requisitos y medidas obligatorios que adopten para controlar prácticas que puedan inducir a error a los consumidores; c) en caso de que una Parte exija que los agentes económicos utilicen un número de identificación único, expedirá dicho número a los agentes económicos de la otra Parte sin ninguna demora indebida y de forma no discriminatoria; d) siempre que no resulte engañoso, contradictorio o confuso con respecto a la información exigida en el país de destino de las mercancías, las Partes permitirán que figuren:

  • i)información en otros idiomas además del idioma exigido en el país de destino de las mercancías; ii) nomenclaturas internacionales, pictogramas, símbolos o gráficos; e iii) información adicional a la requerida por el país de destino de las mercancías; e) en caso de que no se pongan en riesgo los objetivos legítimos en virtud del Acuerdo OTC y la información pueda llegar al consumidor de forma adecuada, la Parte procurará aceptar etiquetas no permanentes o extraíbles, o bien un marcado o etiquetado en la documentación adjunta en lugar de marcas o etiquetas físicamente adheridas al producto; y f) las Partes permitirán que el etiquetado y las correcciones del mismo tengan lugar en el país de destino antes de la comercialización de las mercancías.

3. Teniendo en cuenta el apartado 2, las Partes acuerdan que, cuando una Parte requiera el marcado o el etiquetado de productos textiles, prendas de vestir o calzado, solo se podrá exigir que esté marcada permanentemente la información siguiente:

  • a)con respecto a los productos textiles y las prendas de vestir: contenido de fibras, país de origen, instrucciones de seguridad para usos específicos e instrucciones de cuidado; y b) con respecto al calzado: materiales predominantes de las partes principales, instrucciones de seguridad para usos específicos y país de origen.

4. Las Partes aplicarán las disposiciones de este artículo dentro del plazo de un año a partir de la entrada en vigor del presente Acuerdo.

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Subcomité de Obstáculos Técnicos al Comercio 1. Las Partes establecen un Subcomité de Obstáculos Técnicos al Comercio de conformidad con el artículo 348 y como se expone en el anexo XXI (Subcomités).

2. El Subcomité tendrá las siguientes funciones:

  • a)tratar cualquier cuestión relacionada con la aplicación del presente capítulo que pueda afectar al comercio entre las Partes; b) dar seguimiento a la aplicación y la administración del presente capítulo; abordar rápidamente cualquier cuestión que plantee cualquiera de las Partes en relación con la elaboración, la adopción, la aplicación o las medidas para hacer cumplir las normas, los reglamentos técnicos y los procedimientos de evaluación de la conformidad; y, a petición de cualquiera de las Partes, celebrar consultas sobre cualquier cuestión que surja en el marco del presente capítulo; c) facilitar el intercambio de información en materia de reglamentos técnicos, normas y procedimientos de evaluación de la conformidad; d) proporcionar un foro de discusión con el fin de solucionar problemas o cuestiones que obstaculicen o limiten el comercio, dentro de los límites del ámbito de aplicación y el objetivo del presente capítulo; e) fortalecer la cooperación en la elaboración y la mejora de las normas, los reglamentos técnicos y los procedimientos de evaluación de la conformidad, lo que incluye el intercambio de información entre los organismos públicos o privados pertinentes que trabajen sobre estas cuestiones, y fomentar la interacción directa entre agentes no gubernamentales, como organismos de normalización, acreditadores y certificadores; f) facilitar el intercambio de información sobre el trabajo que se realiza en foros no gubernamentales, regionales y multilaterales involucrados en actividades relacionadas con los reglamentos técnicos, la normalización y los procedimientos de evaluación de la conformidad; g) estudiar las formas de facilitar el comercio entre las Partes; h) informar sobre los programas de cooperación creados en virtud del artículo 57 del título VI (Desarrollo económico y comercial) de la parte III del presente Acuerdo, sus logros y el impacto de estos proyectos en la facilitación del comercio y en la aplicación de las disposiciones del presente capítulo; i) revisar el presente capítulo a la luz de los avances conforme al Acuerdo OTC; j) informar al Comité de Asociación sobre la aplicación de las disposiciones del presente capítulo, en particular sobre los avances en el cumplimiento de los objetivos establecidos y las disposiciones relacionadas con el trato especial y diferenciado; k) adoptar cualquier otra medida que las Partes consideren que les ayudará en la aplicación del presente capítulo; l) establecer un diálogo entre reguladores de conformidad con el artículo 134, letra a), del presente capítulo y, en su caso, grupos de trabajo para debatir distintos temas de interés para las Partes; los grupos de trabajo podrán constar de expertos no gubernamentales y partes interesadas o bien consultarlos; y m) cualquier otra cuestión instruida por el Comité de Asociación.

MEDIDAS SANITARIAS Y FITOSANITARIAS

CAPÍTULO 5

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Objetivos Los objetivos del presente capítulo son los siguientes:

  • a)proteger la salud y la vida de las personas, los animales y los vegetales en el territorio de las Partes, facilitando al mismo tiempo el comercio entre ellas en el ámbito de aplicación del presente capítulo; b) colaborar para seguir aplicando el Acuerdo MSF; c) velar por que las medidas sanitarias y fitosanitarias no creen obstáculos injustificados al comercio entre las Partes; d) considerar las asimetrías entre el Reino Unido y las Repúblicas de la Parte CA(*); (*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "las regiones") e) mejorar la cooperación en el ámbito sanitario y fitosanitario, de conformidad con la parte III del presente Acuerdo, a fin de fortalecer las capacidades de cada Parte sobre cuestiones relacionadas con las medidas sanitarias y fitosanitarias para mejorar el acceso al mercado de la otra Parte, manteniendo al mismo tiempo el nivel de protección de las personas, los animales y los vegetales; y f) aplicar progresivamente el enfoque del Reino Unido a Centroamércia en el comercio de mercancías sujetas a medidas sanitarias y fitosanitarias.

(Así reformado el párrafo anterior por el aparte 11) sub aparte d) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019")

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Derechos y obligaciones multilaterales Las Partes reafirman sus derechos y obligaciones de conformidad con el Acuerdo MSF.

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Ámbito de aplicación 1. El presente capítulo se aplica a todas las medidas sanitarias y fitosanitarias de una Parte que puedan afectar, directa o indirectamente, al comercio entre las Partes.

2. El presente capítulo no se aplicará a las normas, los reglamentos técnicos y los procedimientos de evaluación de la conformidad definidos en el Acuerdo OTC.

3. Además, el presente capítulo se aplicará a la cooperación en materia de bienestar animal.

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Definiciones A efectos del presente capítulo, se aplicarán las definiciones que figuran en el anexo A del

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Autoridades competentes Las autoridades competentes de las Partes serán las autoridades competentes para la aplicación del presente capítulo, conforme a lo dispuesto en el anexo VI (Autoridades competentes). De conformidad con el artículo 151 del presente capítulo, las Partes se informarán mutuamente de cualquier modificación relativa a dichas autoridades competentes.

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Principios generales 1. Las medidas sanitarias y fitosanitarias aplicadas por las Partes seguirán los principios establecidos en el artículo 3 del Acuerdo MSF.

2. Las medidas sanitarias y fitosanitarias no podrán utilizarse para crear obstáculos injustificados al comercio.

3. Los procedimientos establecidos en el ámbito de aplicación del presente capítulo se aplicarán de forma transparente, sin retrasos indebidos y según condiciones y requisitos, incluyendo los costos, que no serán superiores al costo real del servicio y deben ser equitativos respecto a cualquier tasa que se aplique a los productos nacionales similares de las Partes.

4. Las Partes no utilizarán los procedimientos mencionados en el apartado 3 ni las solicitudes de información adicional para retrasar el acceso al mercado sin justificación científica y técnica.

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Requisitos de importación 1. La Parte exportadora se asegurará de que los productos exportados a la Parte importadora cumplan los requisitos sanitarios y fitosanitarios de la Parte importadora.

2. La Parte importadora se asegurará de que sus condiciones de importación se apliquen de forma proporcional y no discriminatoria.

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Facilitación del comercio 1. Lista de establecimientos:

  • a)para la importación de productos de origen animal, la Parte exportadora comunicará a la Parte importadora la lista de los establecimientos que cumplen los requisitos de la Parte importadora; b) a solicitud de la Parte la Parte importadora aprobará los establecimientos mencionados en el anexo VII (Requisitos y disposiciones para la aprobación de establecimientos de productos de origen animal) que estén situados en el territorio de la Parte exportadora, sin la inspección previa de cada establecimiento; la aprobación será acorde con los requisitos y las disposiciones contemplados en el anexo VII y se limitará a las categorías de productos para los que se aprueban las importaciones; c) las garantías sanitarias mencionadas en el presente artículo podrán incluir información pertinente y justificada para garantizar la situación sanitaria de los animales vivos y los productos animales que vayan a importarse; d) salvo que se solicite información complementaria, la Parte importadora adoptará las medidas legislativas o administrativas necesarias, de conformidad con sus procedimientos jurídicos aplicables, para permitir la importación sobre esa base en un plazo de cuarenta días hábiles a partir de la recepción de la solicitud de la Parte exportadora acompañada de las garantías sanitarias adecuadas; e) la Parte importadora deberá presentar periódicamente un registro de las solicitudes de aprobación denegadas, que incluya información sobre los incumplimientos por los que se ha denegado la aprobación de un establecimiento.

2. Inspección de las importaciones y tasas de inspección: cualquiera de las tasas establecidas para los procedimientos sobre los productos importados podrán abarcar solo los costos efectuados por la autoridad competente para inspeccionar las importaciones; dichas tasas no superarán el costo real del servicio y serán equitativas respecto a las tasas aplicadas a los productos nacionales similares.

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Verificaciones 1. Para mantener la confianza en la aplicación efectiva de las disposiciones del presente capítulo y dentro de su ámbito de aplicación, cada una de las Partes tiene derecho a:

  • a)realizar la verificación de la totalidad o de una parte del sistema de control de las autoridades de la otra Parte, de conformidad con las directrices descritas en el anexo VIII (Directrices aplicables a las verificaciones); los gastos de dicha verificación estarán a cargo de la Parte que la lleve a cabo; y b) recibir información de la otra Parte acerca de su sistema de control y ser informada de los resultados de los controles efectuados en el marco de dicho sistema.

2. Las Partes compartirán los resultados y las conclusiones de las verificaciones efectuadas en el territorio de la otra Parte y los harán públicos.

3. Cuando la Parte importadora decida realizar una visita de verificación a la Parte exportadora, dicha visita se notificará a la otra Parte con una antelación mínima de sesenta días hábiles a la realización de la misma, salvo en caso de urgencia o en caso de que las Partes hayan llegado a un acuerdo en sentido contrario. Cualquier modificación de dicha visita será acordada por las Partes interesadas.

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Medidas relacionadas con la sanidad animal y vegetal 1. Las Partes reconocerán el concepto de zonas libres de plagas o enfermedades y de zonas con baja prevalencia de plagas o enfermedades de conformidad con el Acuerdo MSF, así como las normas, las directrices o las recomendaciones de la Organización Mundial de Sanidad Animal (en lo sucesivo, " la OIE") y la Convención Internacional de Protección Fitosanitaria (en lo sucesivo, "la CIPF"). El Subcomité mencionado en el artículo 156 del presente capítulo podrá definir otros detalles para el procedimiento de reconocimiento de esas zonas, teniendo en cuenta las normas, directrices o recomendaciones pertinentes del Acuerdo MSF, la OIE y la CIPF. Este procedimiento incluirá situaciones relacionadas con los brotes y las reinfestaciones.

2. Al determinar las zonas libres de plagas o enfermedades y las zonas con baja prevalencia de plagas o enfermedades, las Partes considerarán factores como la localización geográfica, los ecosistemas, la vigilancia epidemiológica y la eficacia de los controles sanitarios o fitosanitarios en tales zonas.

3. Las Partes establecerán una estrecha colaboración para determinar las zonas libres de plagas o de enfermedades y las zonas con baja prevalencia de plagas y enfermedades, con objeto de adquirir confianza en los procedimientos que siga cada Parte para determinar dichas zonas.

4. Al determinar tales zonas, ya sea por primera vez o tras un brote de una enfermedad animal o la reintroducción de una plaga de los vegetales, la Parte importadora basará, en principio, su propia determinación de la situación zoosanitaria y fitosanitaria de la Parte la Parte exportadora de conformidad con las normas, directrices o recomendaciones pertinentes del Acuerdo MSF, la OIE y la CIPF, y tendrá en cuenta lo que haya determinado la Parte exportadora.

5. Si la Parte importadora no acepta la determinación mencionada anteriormente realizada por la Parte exportadora, explicará los motivos y estará dispuesta a celebrar consultas.

6. La Parte exportadora proporcionará las pruebas necesarias para demostrar objetivamente a la Parte importadora que dichas zonas son y probablemente sigan siendo, respectivamente, zonas libres de plagas o enfermedades, o zonas con baja prevalencia de plagas o enfermedades. A tal efecto, se facilitará a la Parte importadora que lo solicite un acceso razonable para las inspecciones, las pruebas y los demás procedimientos pertinentes.

7. Las Partes reconocen el principio de compartimentación de la OIE y el de lugares y sitios de producción libres de plagas de la CIPF. Considerarán sus futuras recomendaciones sobre el asunto y el Subcomité creado en el artículo 156 del presente capítulo formulará recomendaciones en consecuencia.

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Equivalencia A través del Subcomité de Asuntos Sanitarios y Fitosanitarios creado en el artículo 156, las Partes podrán elaborar disposiciones sobre la equivalencia y formularán recomendaciones de conformidad con los procedimientos establecidos en las disposiciones institucionales del presente Acuerdo.

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Transparencia e intercambio de información Las Partes:

  • a)procurarán lograr transparencia en cuanto a las medidas sanitarias y fitosanitarias aplicables al comercio; b) mejorarán la comprensión mutua de las medidas sanitarias y fitosanitarias de cada Parte y su aplicación; c) intercambiarán información sobre cuestiones relacionadas con la elaboración y la aplicación de medidas sanitarias y fitosanitarias que afecten o puedan afectar al comercio entre las Partes, con objeto de minimizar sus efectos negativos para el comercio; y d) comunicarán, a solicitud de una Parte, los requisitos que se aplican a la importación de productos específicos.
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Notificación y consultas 1. Cada Parte notificará por escrito a la otra Parte, en un plazo de tres días hábiles, de cualquier riesgo grave o importante para la vida o la salud de las personas, los animales o los vegetales, incluida cualquier emergencia alimentaria.

2. Las notificaciones se dirigirán a los puntos de contacto fijados en el anexo IX (Puntos de contacto y sitios web). Se entenderá por "notificación escrita", las notificaciones por correo postal, fax o correo electrónico.

3. En caso que, en relación con productos que se comercializan, una Parte tenga graves preocupaciones acerca de un riesgo para la vida o la salud de las personas, los animales o los vegetales, se celebrarán, por solicitud, consultas al respecto lo antes posible. En tales condiciones, cada Parte procurará proporcionar toda la información necesaria para evitar afectaciones al comercio.

4. Las consultas mencionadas en el apartado 3 podrían celebrarse por correo electrónico, por vídeo o audioconferencia, o por cualquier otro medio mutuamente acordado por las Partes. La Parte solicitante debe encargarse de redactar las actas de la consulta, que se someterán a la aprobación formal de las Partes.

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Medidas de emergencia 1. En caso de riesgo grave para la vida o la salud de las personas, los animales o los vegetales, la Parte importadora podrá adoptar, sin notificación previa, las medidas necesarias para la protección de la vida o la salud de las personas, los animales y los vegetales. Respecto a las remesas en tránsito entre las Partes, la Parte importadora considerará la solución más conveniente y proporcionada para evitar afectaciones innecesarias al comercio.

2. La Parte que adopte las medidas informará a la otra Parte lo antes posible y, en cualquier caso, a más tardar un día hábil después de la adopción de la medida. Las Partes podrán solicitar cualquier información relativa a la situación sanitaria y fitosanitaria, así como las medidas adoptadas, y las Partes contestarán en cuanto la información solicitada esté disponible.

3. A petición de cualquiera de las Partes y de conformidad con lo dispuesto en el artículo 152 del presente capítulo, las Partes celebrarán consultas acerca de la situación en un plazo de quince días hábiles a partir de la notificación. Se realizarán estas consultas para evitar afectaciones innecesarias al comercio. Las Partes podrán considerar opciones para facilitar la aplicación o sustituir las medidas.

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Cooperación y asistencia técnica 1. La cooperación y las medidas de asistencia técnica necesarias para la aplicación del presente capítulo se establecen en el artículo 62 del título VI (Desarrollo económico y comercial) de la parte III del presente Acuerdo.

2. Las Partes establecerán, a través del Subcomité de Asuntos Sanitarios y Fitosanitarios, establecido en el artículo 156 del presente capítulo, un programa de trabajo que incluya la determinación de las necesidades de cooperación y asistencia técnica para desarrollar o fortalecer la capacidad de las Partes sobre cuestiones de interés común relacionadas con la salud humana, animal o vegetal y la inocuidad de los alimentos.

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Trato especial y diferenciado Cualquier República de la Parte CA podrá consultar directamente a la Reino Unido(*) cuando identifique un problema concreto relacionado con una medida propuesta de la Reino Unido(*) que pueda afectar al comercio entre ambas. Para efectuar tales consultas, podrán utilizarse, a modo de orientación, las decisiones del Comité sobre MSF de la OMC, tales como el documento G/SPS/33 y sus modificaciones.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "Parte UE")

156

Subcomité de Asuntos Sanitarios y Fitosanitarios 1. Las Partes establecen un Subcomité de Asuntos Sanitarios y Fitosanitarios con arreglo al artículo 348 y según se establece en el anexo XXI (Subcomités).

2. El Subcomité podrá tratar cualquier asunto relacionado con los derechos y las obligaciones del presente capítulo. En particular, tendrá las siguientes responsabilidades y funciones:

  • a)recomendar el desarrollo de los procedimientos o las disposiciones que sean necesarias para la aplicación del presente capítulo; b) dar seguimiento a los avances en la aplicación del presente capítulo; c) proporcionar un foro para debatir los problemas derivados de la aplicación de determinadas medidas sanitarias o fitosanitarias, con objeto de lograr alternativas mutuamente aceptables; a tal fin, se convocará urgentemente al Subcomité, previa solicitud de una de las Partes, a fin de realizar consultas; d) realizar, en su caso, las consultas establecidas en el artículo 155 del presente capítulo relativas al trato especial y diferenciado; e) realizar, en su caso, las consultas establecidas en el artículo 157 del presente capítulo relativas a la solución de controversias derivadas del presente capítulo; f) promover la cooperación sobre bienestar animal entre las Partes; y g) cualquier otra cuestión instruida por el Comité de Asociación.

3. En su primera reunión, el Subcomité acordará su reglamento interno para que sea aprobado por el Comité de Asociación.

157

Solución de controversias 1. Cuando una Parte considere que una medida de la otra Parte es o podría ser contraria a las obligaciones en virtud del presente capítulo, podrá solicitar consultas técnicas en el marco del Subcomité establecido en el artículo 156. Las autoridades competentes indicadas en el anexo VI (Autoridades competentes) facilitarán dichas consultas.

2. Salvo que las Partes que mantienen la controversia acuerden otra cosa, cuando una controversia sea objeto de consultas en el Subcomité con arreglo a lo dispuesto en el apartado 1, dichas consultas sustituirán a las previstas en el artículo 310 del título X (Solución de controversias) de la parte IV del presente Acuerdo. Las consultas en el Subcomité se considerarán concluidas en un plazo de treinta días a partir de la fecha de presentación de la solicitud, salvo que las Partes consultantes acuerden continuar con las mismas. Estas consultas podrían realizarse a través de conferencia telefónica, videoconferencia o cualquier otro medio que las Partes hayan acordado.

EXCEPCIONES RELATIVAS A LAS MERCANCÍAS

CAPÍTULO 6

158

Excepciones generales 1. El artículo XX del GATT de 1994, incluidas sus notas interpretativas, se incorpora al presente Acuerdo y forma parte integral del mismo.

2. Las Partes reconocen que el artículo XX, letra b), del GATT de 1994 podrá aplicarse también a las medidas medioambientales necesarias para proteger la vida o la salud de las personas, los animales o los vegetales y que el artículo XX, letra g), del GATT de 1994 se aplica a las medidas relativas a la conservación de los recursos naturales vivos o no vivos agotables.

3. Las Partes reconocen que, previa solicitud de una de las Partes, y antes de adoptar alguna de las medidas previstas en el artículo XX, letras i) y j), del GATT de 1994, la Parte exportadora que desee tomar las medidas facilitará a la otra Parte toda la información pertinente. Las Partes podrán ponerse de acuerdo sobre los medios necesarios para poner fin a las condiciones por las que se necesitan las medidas. Si no se llega a un acuerdo en un plazo de treinta días, la Parte exportadora podrá aplicar las medidas del presente artículo a la exportación del producto de que se trate. Cuando concurran circunstancias excepcionales y críticas que exijan una acción inmediata que haga imposible la información o el examen previos, la Parte que tenga la intención de adoptar medidas podrá aplicar sin dilación las medidas cautelares estrictamente necesarias para hacer frente a la situación e informará inmediatamente de ello a la otra Parte.

ESTABLECIMIENTO, COMERCIO DE SERVICIOS Y COMERCIO ELECTRÓNICO

TÍTULO III

CAPÍTULO 1

DISPOSICIONES GENERALES

159

Objetivo, ámbito de aplicación y cobertura 1. Las Partes, reafirmando sus compromisos en virtud del Acuerdo sobre la OMC, establecen las disposiciones necesarias para la liberalización progresiva del establecimiento y el comercio de servicios, así como para la cooperación en materia de comercio electrónico.

2. Ninguna disposición del presente título se interpretará en el sentido de requerir la privatización de empresas públicas o el suministro de servicios públicos en ejercicio de facultades gubernamentales o de imponer obligación alguna respecto a la contratación pública.

3. Las disposiciones del presente título no se aplicarán a las subvenciones concedidas por las Partes.

4. Conforme a lo dispuesto en el presente título, cada Parte seguirá teniendo derecho a regular e introducir nuevas regulaciones para alcanzar objetivos legítimos de política nacional.

5. El presente título no se aplicará a las medidas que afecten a personas naturales que traten de acceder al mercado de trabajo de una Parte, ni a las medidas en materia de ciudadanía, residencia o empleo con carácter permanente.

6. Ninguna disposición del presente título impedirá que una Parte aplique medidas para regular la entrada o la presencia temporal de personas naturales en su territorio, incluidas las medidas necesarias para proteger la integridad de sus fronteras y garantizar el movimiento ordenado de personas naturales a través de las mismas, siempre que esas medidas no se apliquen de manera que anulen o menoscaben los beneficios resultantes para cualquier Parte de conformidad con los términos de un compromiso específico8.

8 No se considerará que el solo hecho de exigir una visa a las personas naturales de un cierto país, y no a las de otros, anula o menoscaba los beneficios resultantes de un compromiso específico.

160

Definiciones A efectos del presente título, se entenderá por:

  • a)"medida", cualquier medida de una Parte, ya sea en forma de ley, reglamento, regla, procedimiento, decisión, disposición administrativa, o en cualquier otra forma; b) "medidas adoptadas o mantenidas por una Parte", las medidas adoptadas por:
  • i)gobiernos y autoridades centrales, regionales o locales; e ii) instituciones no gubernamentales en el ejercicio de facultades delegadas en ellas por gobiernos y autoridades centrales, regionales o locales; c) "persona natural de una Parte", un nacional de uno de los Estados miembros de la Unión Europea o de una República de la Parte CA de conformidad con su legislación respectiva; d) "persona jurídica", cualquier entidad jurídica debidamente constituida u organizada de otro modo con arreglo a la legislación aplicable, tenga o no fines de lucro y ya sea de propiedad privada o pública, con inclusión de cualquier sociedad de capital, sociedad de gestión (trust), sociedad personal (partnership), empresa conjunta (joint venture), empresa individual o asociación; e) "persona jurídica de la Reino Unido(*)" o "persona jurídica de una República de la Parte CA", una persona jurídica constituida conforme a las leyes de un Estado miembro de la Unión Europea o de una República de la Parte CA que respectivamente tenga su domicilio legal, administración central o sede principal de negocios en el territorio de la Reino Unido(*) o en el territorio de una República de la Parte CA, respectivamente; en caso de que la persona jurídica solo tenga su domicilio legal o su administración central en el territorio de la Reino Unido(*) o en el territorio de una República de la Parte CA, respectivamente, no se la considerará persona jurídica de la Reino Unido(*) ni una persona jurídica de una República de la Parte CA, respectivamente, a menos que desarrolle operaciones comerciales sustantivas en el territorio de un Estado miembro de la Unión Europea o en el territorio de una República de la Parte CA, respectivamente9; y 9 De conformidad con su notificación del Tratado CE a la OMC (doc. WT/REG39/1), la UE entiende que el concepto, consagrado en el artículo 54 del Tratado de Funcionamiento de la Unión Europea (TFUE), de "vinculación efectiva y continua" con la economía de un Estado miembro equivale al concepto de "operaciones comerciales sustantivas" previsto en el artículo V, apartado 6, del AGCS.

(Nota de Sinalevi: Mediante el aparte 12) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó indicar que el pie de página del inciso e) anterior no se incorpora al Acuerdo anteriormente referido[LZE1] ) (*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE") f) no obstante lo dispuesto en el párrafo anterior, las compañías navieras establecidas fuera de la Reino Unido(*) o de las Repúblicas de la Parte CA y controladas por nacionales de un Estado miembro de la Unión Europea o de una República de la Parte CA, respectivamente, también se beneficiarán de lo dispuesto en el presente Acuerdo en caso de que sus embarcaciones estén registradas, conforme a su legislación respectiva, en dicho Estado miembro de la Unión Europea o en una República de la Parte CA y lleven la bandera de un Estado miembro de la Unión Europea o de una República de la Parte CA.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE") [LZE1]

161

Cooperación sobre establecimiento, comercio de servicios y comercio electrónico Las Partes acuerdan que es de su propio interés promover iniciativas de cooperación mutua y asistencia técnica en cuestiones relacionadas con el establecimiento, el comercio de servicios y el comercio electrónico. A este respecto, las Partes han identificado una serie de actividades de cooperación que se indican en el artículo 56 del título VI (Desarrollo económico y comercial) de la parte III del presente Acuerdo.

ESTABLECIMIENTO

CAPÍTULO 2

162

Definiciones A efectos del presente capítulo, se entenderá por:

  • a)"sucursal de una persona jurídica de una Parte", un establecimiento comercial sin personalidad jurídica, que tenga carácter permanente, tal como la extensión de una empresa matriz, que esté provista de una administración y cuente con los medios materiales que le permitan realizar actividades comerciales con terceras partes, de manera que estas, aun conscientes de la posibilidad de que se establezca, en caso necesario, un vínculo jurídico con la empresa matriz, cuya sede central está situada en el extranjero, no tengan que tratar directamente con dicha empresa matriz, pudiendo celebrar transacciones en el establecimiento comercial que constituye su extensión; b) "actividad económica", las actividades comprometidas en el anexo X (Listas de compromisos sobre establecimiento). Por "actividad económica" no se incluyen las actividades realizadas en el ejercicio de facultades gubernamentales, por ejemplo, las actividades no realizadas en condiciones comerciales ni en competencia con uno o más operadores económicos; c) "establecimiento":
  • i)la constitución, la adquisición o el mantenimiento de una persona jurídica10; o 10 Se entenderá que las palabras "constitución" y "adquisición" de una persona jurídica incluyen la participación de capital en una persona jurídica con objeto de establecer o mantener vínculos económicos duraderos.
  • ii)la creación o el mantenimiento de una sucursal o una oficina de representación, en el territorio de una Parte a fin de realizar una actividad económica; d) "inversionista de una Parte", cualquier persona natural o jurídica de una Parte que pretenda ejercer o ejerza una actividad económica creando un establecimiento; y e) "filial de una persona jurídica de una Parte", una persona jurídica que está controlada efectivamente por otra persona jurídica de esa Parte11.

11 Una persona jurídica está controlada por otra persona jurídica si esta última tiene la facultad de nombrar a una mayoría de sus directores o de dirigir legalmente de otro modo sus operaciones.

163

Cobertura El presente capítulo se aplica a las medidas adoptadas por las Partes que afectan al establecimiento12 en todas las actividades económicas, tal como se definen en el artículo 162, a excepción de:

12 La protección de las inversiones, distinta del trato derivado del artículo 165, y los procedimientos de solución de controversias inversionista-Estado, no están cubiertos por este capítulo.

  • a)la minería, la fabricación y el procesamiento de materiales nucleares; b) la producción o el comercio de armas, municiones y material de guerra; c) los servicios audiovisuales; d) el transporte de cabotaje nacional y por vías navegables interiores13; y 13 Sin perjuicio del ámbito de actividades que puedan considerarse cabotaje con arreglo a la legislación nacional aplicable, el cabotaje nacional con arreglo al presente capítulo abarca el transporte de personas o de mercancías entre un puerto o un punto situado en una República de la Parte CA o en un Estado miembro de la Unión Europea y otro puerto o punto situado en la misma República de la Parte CA o en el mismo Estado miembro de la Unión Europea, incluida su plataforma continental, así como el tráfico con origen y destino en el mismo puerto o punto situado en una República de la Parte CA o en un Estado miembro de la Unión Europea.
  • e)los servicios de transporte aéreo nacional e internacional, sean regulares o no, y los servicios directamente relacionados con el ejercicio de derechos de tráfico, a excepción de:
  • i)los servicios de reparación y mantenimiento de aeronaves durante los cuales la aeronave es retirada del servicio; ii) la venta y la comercialización de servicios de transporte aéreo; iii) los servicios de sistemas de reserva informatizados (SRI); y iv) otros servicios auxiliares que facilitan las operaciones de los transportistas aéreos, que figuran en el anexo X (Listas de compromisos sobre establecimiento).
164

Acceso a los mercados 1. Respecto al acceso a los mercados mediante el establecimiento, cada Parte otorgará a los establecimientos y los inversionistas de la otra Parte un trato no menos favorable que el previsto de conformidad con los términos, las limitaciones y las condiciones acordados y especificados en los compromisos específicos que figuran en el anexo X (Listas de compromisos sobre establecimiento).

2. En los sectores en que se contraigan compromisos de acceso a los mercados, las medidas que ninguna de las Partes mantendrá ni adoptará, ya sea sobre la base de una subdivisión regional o de la totalidad de su territorio, a menos que en el anexo X se especifique lo contrario, se definen del modo siguiente:

  • a)limitaciones al número de establecimientos, ya sea en forma de contingentes numéricos, monopolios, derechos exclusivos o mediante la exigencia de una prueba de necesidades económicas; b) limitaciones al valor total de las transacciones o los activos en forma de contingentes numéricos o mediante la exigencia de una prueba de necesidades económicas; c) limitaciones al número total de operaciones o a la cuantía total de la producción, expresadas en términos de unidades numéricas designadas, en forma de contingentes o mediante la exigencia de una prueba de necesidades económicas14; 14 Las letras a), b) y c) del apartado 2 no abarcan las medidas tomadas para limitar la producción de un producto agrícola.
  • d)limitaciones a la participación de capital extranjero expresadas como límite porcentual máximo a la tenencia de acciones por extranjeros o como valor total de las inversiones extranjeras individuales o agregadas; y e) medidas que restrinjan o prescriban los tipos específicos de establecimiento (filial o subsidiaria, sucursal, oficina de representación)15 o empresas conjuntas (joint ventures) a través de los cuales un inversionista de la otra Parte pueda efectuar una actividad económica.

15 Cada Parte podrá exigir que, en caso de incorporación conforme a su propia legislación, los inversionistas deban adoptar una forma jurídica específica. Siempre y cuando tal exigencia se aplique de manera no discriminatoria, no es necesario que se especifique en el anexo X (Listas de compromisos sobre establecimiento) para que las Partes la mantengan o la adopten.

165

Trato nacional 1. En los sectores inscritos en el anexo X (Listas de compromisos sobre establecimiento), y de conformidad con las condiciones y salvedades consignadas en el mismo, cada Parte otorgará a los establecimientos e inversionistas de la otra Parte un trato no menos favorable que el que otorgue a sus propios establecimientos e inversionistas similares.

2. Una Parte podrá cumplir lo prescrito en el apartado 1 otorgando a los establecimientos y los inversionistas de la otra Parte un trato formalmente idéntico o formalmente diferente al que otorgue a sus propios establecimientos e inversionistas similares.

3. Se considerará que un trato formalmente idéntico o formalmente diferente es menos favorable si modifica las condiciones de competencia a favor de los establecimientos o los inversionistas de la Parte en comparación con los establecimientos e inversionistas similares de la otra Parte.

4. No se interpretará que los compromisos específicos asumidos conforme al presente artículo obligan a cualquier Parte a compensar cualesquiera desventajas competitivas intrínsecas que resulten del carácter extranjero de los inversionistas pertinentes.

166

Listas de compromisos Los sectores comprometidos por cada una de las Partes de conformidad con el presente capítulo y, mediante reservas, las limitaciones, condiciones y salvedades de acceso a los mercados y trato nacional aplicables a los establecimientos e inversionistas de la otra Parte en dichos sectores están consignados en las listas de compromisos incluidas en el anexo X (Listas de compromisos sobre establecimiento).

167

Otros acuerdos Ninguna disposición del presente título limitará los derechos de los inversionistas de las Partes a beneficiarse de cualquier trato más favorable que esté previsto en cualquier acuerdo internacional relativo a inversiones, vigente o futuro, en el que un Estado miembro de la Unión Europea y una República de la Parte CA sean Partes. Ninguna disposición del presente Acuerdo estará sujeta, directa o indirectamente, a cualesquiera procedimientos de solución de controversias entre inversionistas y Estados establecidos en dichos acuerdos.

168

Revisión Las Partes se comprometen a revisar el marco jurídico y el entorno de las inversiones, así como el flujo de inversión entre ellas, de conformidad con sus compromisos en acuerdos internacionales a más tardar tres años después de la entrada en vigor del presente Acuerdo y, a partir de entonces, a intervalos regulares.

SUMINISTRO TRANSFRONTERIZO DE SERVICIOS

CAPÍTULO 3

169

Alcance y definiciones 1. El presente capítulo se aplica a las medidas adoptadas por las Partes que afectan al suministro transfronterizo de todos los sectores de servicios, con la excepción de:

  • a)los servicios audiovisuales; b) el transporte por cabotaje nacional y por vías navegables interiores16; y 16 Sin perjuicio del ámbito de actividades que puedan considerarse cabotaje con arreglo a la legislación nacional aplicable, el cabotaje nacional con arreglo al presente capítulo abarcará el transporte de personas o de mercancías entre un puerto o un punto situado en una República de la Parte CA o en un Estado miembro de la Unión Europea y otro puerto o punto situado en la misma República de la Parte CA o en el mismo Estado miembro de la Unión Europea, incluida su plataforma continental, así como el tráfico con origen y destino en el mismo puerto o punto situado en una República de la Parte CA o en un Estado miembro de la Unión Europea.
  • c)los servicios de transporte aéreo nacional e internacional, sean regulares o no, y los servicios directamente relacionados con el ejercicio de derechos de tráfico, a excepción de:
  • i)los servicios de reparación y mantenimiento de aeronaves durante los cuales la aeronave es retirada del servicio; ii) la venta y la comercialización de servicios de transporte aéreo; iii) los servicios de sistemas de reserva informatizados (SRI); iv) otros servicios auxiliares que facilitan las operaciones de los transportistas aéreos, que figuran en el anexo XI (Listas de compromisos sobre suministro transfronterizo de servicios).

2. A efectos del presente capítulo, se entenderá por:

  • a)"suministro transfronterizo de servicios", el suministro de un servicio:
  • i)del territorio de una Parte al territorio de la otra Parte (modo 1); ii) en el territorio de una Parte al consumidor de servicios de la otra Parte (modo 2); b) "servicios", todo servicio de cualquier sector, excepto los suministrados en ejercicio de facultades gubernamentales; "servicio suministrado en ejercicio de facultades gubernamentales", todo servicio que no se suministre en condiciones comerciales ni en competencia con uno o varios proveedores de servicios; c) "proveedor de servicios de una Parte", toda persona natural o jurídica de una Parte que pretenda suministrar o suministre un servicio; y d) "suministro de un servicio", la producción, distribución, comercialización, venta y prestación de un servicio.
170

Acceso a los mercados 1. Respecto al acceso a los mercados mediante los modos de suministro definidos en el artículo 169, apartado 2, letra a), cada Parte otorgará a los servicios y proveedores de servicios de la otra Parte un trato no menos favorable que el previsto de conformidad con los términos, limitaciones y las condiciones convenidos y especificados en los compromisos específicos que figuran en el anexo XI (Listas de compromisos sobre suministro transfronterizo de servicios).

2. En los sectores en que se contraigan compromisos de acceso a los mercados, las medidas que una Parte no mantendrá ni adoptará, ya sea sobre la base de una subdivisión regional o de la totalidad de su territorio, a menos que en el anexo XI se especifique lo contrario, se definen del modo siguiente:

  • a)limitaciones al número de proveedores de servicios, ya sea en forma de contingentes numéricos, monopolios, proveedores exclusivos de servicios o mediante la exigencia de una prueba de necesidades económicas; b) limitaciones al valor total de las transacciones o los activos de servicios en forma de contingentes numéricos o mediante la exigencia de una prueba de necesidades económicas; y c) limitaciones al número total de operaciones de servicios o a la cuantía total de la producción de servicios, expresadas en unidades numéricas designadas, en forma de contingentes o mediante la exigencia de una prueba de necesidades económicas17.

17 El apartado 2, letra c), no abarca las medidas de una Parte que limiten los insumos destinados al suministro de servicios.

171

Trato nacional 1. En los sectores inscritos en el anexo XI (Listas de compromisos sobre suministro transfronterizo de servicios), de conformidad con las condiciones y salvedades consignadas en el mismo, cada Parte otorgará a los servicios y los proveedores de servicios de la otra Parte, respecto a todas las medidas que afectan al suministro transfronterizo de servicios, un trato no menos favorable que el que otorgue a sus propios servicios y proveedores de servicios similares.

2. Una Parte podrá cumplir lo prescrito en el apartado 1 otorgando a los servicios y los proveedores de servicios de la otra Parte un trato formalmente idéntico o formalmente diferente al que otorgue a sus propios servicios y proveedores de servicios similares.

3. Se considerará que un trato formalmente idéntico o un trato formalmente diferente es menos favorable si modifica las condiciones de competencia en favor de los servicios o los proveedores de servicios de la Parte en comparación con los servicios o proveedores de servicios similares de la otra Parte.

4. No se interpretará que los compromisos específicos asumidos conforme al presente artículo obligan a cualquier Parte a compensar cualesquiera desventajas competitivas intrínsecas que resulten del carácter extranjero de los servicios o de los proveedores de servicios pertinentes.

172

Listas de compromisos Los sectores comprometidos por cada una de las Partes de conformidad con el presente capítulo, y mediante reservas, las limitaciones, condiciones y salvedades de acceso a los mercados y trato nacional aplicables a los servicios y proveedores de servicios de la otra Parte en dichos sectores figuran en las listas de compromisos incluidas en el anexo XI (Listas de compromisos sobre suministro transfronterizo de servicios).

PRESENCIA TEMPORAL DE PERSONAS NATURALES CON FINES COMERCIALES

CAPÍTULO 4

173

Alcance y definiciones 1. El presente capítulo es aplicable a las medidas de las Partes relativas a la entrada y la presencia temporal en sus territorios de personal clave, los aprendices graduados, los vendedores de servicios comerciales, los proveedores de servicios contractuales y los profesionales independientes, con arreglo al artículo 159, apartado 5, del presente título.

2. A efectos del presente capítulo, se entenderá por:

  • a)"personal clave", las personas naturales empleadas en una persona jurídica de una Parte que no sea una organización sin fines de lucro y que estén encargadas de la constitución o del control, la administración y operación de un establecimiento; el "personal clave" abarca a los "visitantes de negocios" encargados de la constitución de un establecimiento y el "personal intracorporativo":
  • i)"visitantes de negocios", las personas naturales que ocupan un cargo superior y están encargadas de constituir un establecimiento. Ellos no se dedican a transacciones directas con el público en general y no reciben remuneración de una fuente situada en la Parte anfitriona; ii) "personal intracorporativo", las personas naturales que han sido empleadas por una persona jurídica o han estado asociadas a la misma durante al menos un año y que se trasladan temporalmente a un establecimiento en el territorio de la otra Parte. La persona natural en cuestión deberá pertenecer a una de las categorías siguientes:

"Gerentes":

Personas que ocupan un cargo superior en una persona jurídica, quienes se encargan fundamentalmente de la administración del establecimiento y reciben supervisión general o dirección principalmente del consejo de administración o los accionistas de la empresa o sus equivalentes, lo que incluye:

- la dirección del establecimiento o un departamento o subdivisión del mismo; - la supervisión y el control del trabajo de otros empleados que ejerzan funciones de supervisión, profesionales o empleados gerenciales; - la autoridad personal para contratar y despedir o recomendar la contratación, el despido u otras medidas relativas al personal.

"Especialistas":

Personas que trabajan en una persona jurídica y poseen conocimientos excepcionales esenciales para la producción, el equipo de investigación, las técnicas o la administración del establecimiento. Al evaluar esos conocimientos se tendrán en cuenta no solo los conocimientos específicos para el establecimiento, sino también si la persona tiene una calificación de alto nivel respecto de un tipo de trabajo u oficio que requiera conocimientos técnicos específicos, incluida su pertenencia a una profesión reconocida; b) "aprendices graduados" (titulados en prácticas), las personas naturales que han sido empleadas por una persona jurídica de una Parte durante al menos un año, que estén en posesión de un título universitario y sean trasladadas temporalmente a un establecimiento de la persona jurídica en el territorio de la otra Parte a fin de desarrollarse profesionalmente o formarse en las técnicas o los métodos empresariales18; 18 Se podrá exigir al establecimiento que los acoja que, para la autorización previa, presente un programa de formación en el que figure la duración de la presencia y en el que se demuestre que su finalidad es la formación.

  • c)"vendedores de servicios comerciales", las personas naturales que sean representantes de un proveedor de servicios de una Parte que pretendan entrar temporalmente en el territorio de la otra Parte a fin de negociar la venta de servicios o alcanzar acuerdos para vender servicios en nombre de dicho proveedor de servicios. Ellos no se dedican a realizar ventas directas al público en general ni perciben remuneración de una fuente situada en la Parte anfitriona; d) "proveedores de servicios contractuales", las personas naturales empleadas por una persona jurídica de una Parte que no tengan ningún establecimiento en el territorio de la otra Parte y que hayan celebrado un contrato de buena fe (que no sea a través de una agencia según la definición del código CCP 872)19 para suministrar servicios cuyo consumidor final se encuentre en esta última Parte y que exijan una presencia temporal de sus empleados en dicha Parte para cumplir el contrato de suministro de servicios; 19 Por CCP se entiende la Clasificación Central de Productos según la definición de la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, Serie M, Nº 77, CCP prov, 1991.
  • e)"profesionales independientes", las personas naturales que se dedican a suministrar un servicio, están establecidas como trabajadores por cuenta propia en el territorio de una Parte, no tienen ningún establecimiento en el territorio de la otra Parte y han celebrado un contrato de buena fe (que no sea a través de una agencia según la definición del código CCP 872) para suministrar servicios a un consumidor final que se encuentre en esta última Parte que exijan su presencia temporal en dicha Parte para cumplir el contrato de suministro de servicios20; f) "calificaciones", los diplomas, certificados u otras pruebas (de una calificación formal) una autoridad designada conforme a disposiciones legales, reglamentarias o administrativas y que certifiquen que la formación profesional se ha completado con éxito.

20 El contrato de servicios mencionado en las letras d) y e) cumplirá las leyes, las regulaciones y los requisitos de la Parte en la que se ejecute el contrato.

174

Personal clave y aprendices graduados 1. Respecto a cada sector liberalizado conforme al capítulo 2 del presente título y sin perjuicio de las reservas listadas en el anexo X (Listas de compromisos sobre establecimiento) o en el anexo XII (Reservas sobre personal clave y aprendices graduados (titulados en prácticas) de la Reino Unido(*)), la Reino Unido(*) permitirá a los inversionistas de las Repúblicas de la Parte CA contratar en sus establecimientos personas naturales de las Repúblicas de la Parte CA, siempre que tales empleados sean personal clave o aprendices graduados, tal como se definen en el artículo 173. La entrada y presencia temporal del personal clave y de los aprendices graduados durarán un periodo máximo de tres años en el caso de los traslados dentro de una misma empresa, de noventa días en cualquier periodo de doce meses en el caso de las personas en visita de negocios, y de un año en el caso de los aprendices graduados.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE") Respecto a cada sector liberalizado conforme al capítulo 2 del presente título, a menos que en el anexo XII se especifique lo contrario, las medidas que la Reino Unido(*) no mantendrá ni adoptará, ya sea sobre la base de una subdivisión regional o sobre la base de todo su territorio, se definen como limitaciones al número total de personas naturales que un inversionista puede contratar como personal clave y aprendices graduados en un sector específico, en forma de contingentes numéricos, o la exigencia de una prueba de necesidades económicas, y como limitaciones discriminatorias.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE") 2. Respecto a cada sector listado en el anexo XIII (Listas de compromisos de las Repúblicas de la Parte CA sobre personal clave y aprendices graduados) y sin perjuicio de cualquiera de las reservas enumeradas en el mismo, las Repúblicas de la Parte CA permitirán a los inversionistas de la Reino Unido(*) contratar en su establecimiento personas naturales de la Reino Unido(*), siempre que tales empleados sean personal clave o aprendices graduados, tal como se definen en el artículo 173. La entrada y presencia temporal del personal clave y de los aprendices graduados durarán un periodo máximo de un año, renovable hasta la duración máxima posible de conformidad con las disposiciones pertinentes de la legislación respectiva de las Partes. La entrada y presencia temporal de personas en visita de negocios durará un periodo máximo de hasta noventa días en cualquier periodo de doce meses.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE") Respecto a cada sector listado en el anexo XIII y sin perjuicio de cualquiera de las reservas y condiciones expuestas en el mismo, las medidas que una República de la Parte CA no mantendrá ni adoptará, ya sea sobre la base de una subdivisión regional o sobre la base de todo su territorio, se definen como limitaciones al número total de personas naturales que un inversionista puede contratar como personal clave y aprendices graduados en un sector específico, en forma de contingentes numéricos, o la exigencia de una prueba de necesidades económicas, y como limitaciones discriminatorias.

175

Vendedores de servicios comerciales 1. Respecto a cada sector liberalizado conforme a los capítulos 2 o 3 del presente título y sin perjuicio de cualquiera de las reservas listadas en el anexo X (Listas de compromisos sobre establecimiento) y el anexo XI (Listas de compromisos sobre suministro transfronterizo de servicios), la Reino Unido(*) permitirá la entrada y la presencia temporal de vendedores de servicios comerciales de las Repúblicas de la Parte CA durante un período máximo de noventa días dentro de cualquier periodo de doce meses.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE") 2. Respecto a cada sector listado en el anexo XIV (Listas de compromisos de las Repúblicas de la Parte CA sobre vendedores de servicios comerciales) y sin perjuicio de cualquiera de las reservas y condiciones expuestas en el mismo, las Repúblicas de la Parte CA permitirán la entrada y la presencia temporal de vendedores de servicios comerciales de la Reino Unido(*) durante un período máximo de hasta noventa días dentro de cualquier periodo de doce meses.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE")

176

Proveedores de servicios contractuales y profesionales independientes Las Partes reafirman sus obligaciones respectivas en virtud del AGCS por lo que se refiere a la entrada y la presencia temporal de proveedores de servicios contractuales y de profesionales independientes.

MARCO REGULATORIO

CAPÍTULO 5

SECCIÓN A

DISPOSICIONES DE APLICACIÓN GENERAL

177

Reconocimiento mutuo 1. Ninguna disposición del presente título impedirá a una Parte exigir que las personas naturales posean las calificaciones necesarias y/o la experiencia profesional especificada en el territorio donde el servicio es suministrado, para el sector de la actividad en cuestión.

2. Las Partes alentarán a los organismos profesionales pertinentes o a las autoridades competentes, según sea aplicable, en sus respectivos territorios a desarrollar conjuntamente y formular recomendaciones sobre reconocimiento mutuo al Comité de Asociación, a fin de que los inversionistas y proveedores de servicios cumplan, en todo o en parte, los criterios aplicados por cada Parte para la autorización, otorgamiento de licencias, operación y certificación de inversionistas y proveedores de servicios, y en particular de servicios profesionales.

3. Al recibir una recomendación conforme al apartado anterior, el Comité de Asociación la revisará, en un plazo razonable, con miras a determinar si es compatible con el presente título.

4. Cuando se haya determinado, de conformidad con el procedimiento establecido en el apartado 3, que una recomendación a la que se refiere el apartado 2 es compatible con el presente título y exista un nivel suficiente de correspondencia entre las regulaciones pertinentes de las Partes, estas alentarán a sus autoridades competentes a negociar un acuerdo sobre reconocimiento mutuo de los requisitos, cualificaciones, licencias y otras regulaciones con miras a implementar dicha recomendación.

5. Todo acuerdo del presente tipo deberá ser conforme con las disposiciones pertinentes del Acuerdo sobre la OMC y, en particular, con el artículo VII del AGCS.

178

Transparencia y divulgación de información confidencial 1. Cada Parte responderá con prontitud a todas las solicitudes de información específica de la otra Parte sobre cualquiera de sus medidas de aplicación general o acuerdos internacionales relacionados con el presente título o que afecten al mismo. Cada Parte designará asimismo uno o más puntos de información para proporcionar información específica a los inversionistas y proveedores de servicios de la otra Parte, a solicitud, sobre todas esas cuestiones, a más tardar a la entrada en vigor del presente Acuerdo. No es necesario que los puntos de información sean depositarios de leyes y regulaciones.

2. Ninguna disposición de la parte IV del presente Acuerdo se interpretará en el sentido de obligar a cualquier Parte a proporcionar información confidencial cuya divulgación pudiera impedir el cumplimiento de la ley, o de otra manera fuera contraria al interés público, o que pudiera perjudicar los intereses comerciales legítimos de empresas concretas, sean públicas o privadas.

179

Procedimientos 1. Cuando se exija autorización para el suministro de un servicio o para un establecimiento respecto de los cuales se haya contraído un compromiso específico, las autoridades competentes de una Parte, en un plazo razonable a partir de la presentación de una solicitud que se considere completa conforme a las leyes y regulaciones nacionales, informarán al solicitante de la decisión relativa a su solicitud. A petición del solicitante, las autoridades competentes de la Parte proporcionarán, sin demoras indebidas, información relativa al estado de la solicitud.

2. Cada Parte mantendrá o establecerá tribunales o procedimientos judiciales, arbitrales o administrativos que permitan, a petición de un inversionista o proveedor de servicios afectado, la pronta revisión de las decisiones administrativas que afecten el establecimiento, el suministro transfronterizo de servicios o la presencia temporal de personas naturales para fines comerciales y, cuando esté justificado, la aplicación de remedios apropiados. Cuando tales procedimientos no sean independientes del organismo encargado de la decisión administrativa de que se trate, las Partes se asegurarán de que el procedimiento permita de hecho una revisión objetiva e imparcial.

SERVICIOS DE INFORMÁTICA

SECCIÓN B

180

Entendimiento sobre servicios de informática 1. En la medida en que el comercio de servicios de informática esté comprometido en las listas de compromisos de conformidad con los capítulos 2, 3 y 4 del presente título, las Partes suscriben el entendimiento definido en los siguientes apartados.

2. La clasificación de las Naciones Unidas utilizada para describir los servicios de informática y servicios conexos, CCP 8421, cubre las funciones básicas utilizadas para suministrar todos los servicios de informática y servicios conexos: los programas informáticos, definidos como el conjunto de instrucciones requeridas para el funcionamiento y comunicación de los ordenadores (incluidos su desarrollo e implementación), el procesamiento y almacenamiento de datos, así como los servicios conexos, como los servicios de consultoría y formación para el personal de los clientes. Como resultado de los desarrollos tecnológicos, cada vez con más frecuencia se ofrecen estos servicios en forma de conjuntos o paquetes de servicios conexos que pueden incluir algunas de estas funciones básicas o todas ellas. Por ejemplo, servicios como el hospedaje de páginas web o de dominios, servicios de extracción de datos y la informática distribuida (grid computing) que consisten cada una en una combinación de funciones básicas de servicios de informática.

21 CCP significa la Clasificación Central de Productos según la definición de la Oficina de Estadística de las Naciones Unidas, Informes Estadísticos, Serie M, nº 77, CCP prov, 1991.

3. Los servicios de informática y servicios conexos, independientemente de si se suministran por medio de una red, incluso Internet, comprenden todos los servicios que facilitan:

  • a)consultoría, estrategia, análisis, planificación, especificación, diseño, desarrollo, instalación, implementación, integración, pruebas, depuración, actualización, soporte, asistencia técnica, o administración de o para ordenadores o sistemas informáticos; o b) programas informáticos, definidos como el conjunto de instrucciones requeridas para el funcionamiento y la comunicación de los ordenadores (dentro de sí y entre ellos), más consultoría, estrategia, análisis, planificación, especificación, diseño, desarrollo, instalación, implementación, integración, pruebas, depuración, actualización, adaptación, mantenimiento, soporte, asistencia técnica, administración o utilización de programas informáticos o para dichos programas; o c) procesamiento de datos, almacenamiento de datos, hospedaje de datos o servicios de bases de datos; o d) servicios de mantenimiento y reparación de máquinas y equipo de oficina, incluidos los ordenadores; y e) servicios de formación para el personal de los clientes, relacionados con programas de informática, ordenadores o sistemas informáticos y no clasificados en otra parte.

4. Los servicios de informática y servicios conexos permiten suministrar otros servicios (por ejemplo servicios financieros) tanto por medios electrónicos como por otros medios. No obstante, existe una distinción importante entre permitir el servicio (por ejemplo el hospedaje de páginas web, procesamiento de datos o el hospedaje de aplicaciones) y el contenido o servicio esencial que se suministra electrónicamente (por ejemplo servicios financieros). En tales casos, el contenido o servicio esencial no está cubierto por la CCP 84.

SERVICIOS DE MENSAJERÍA (COURIER)

SECCIÓN C

181

Ámbito de aplicación y definiciones 1. La presente sección establece los principios del marco regulatorio para los servicios de mensajería comprometidos en las listas de compromisos de conformidad con los capítulos 2, 3 y 4 del presente título.

2. A efectos de la presente sección y los capítulos 2, 3 y 4 del presente título, una "licencia" significa una autorización, otorgada a un proveedor individual por una autoridad competente, que puede exigirse antes de iniciar el suministro de un determinado servicio.

182

Prevención de prácticas anticompetitivas en el sector de la mensajería 1. Las Partes introducirán o mantendrán medidas apropiadas para impedir que los proveedores que, individualmente o en conjunto, tengan la capacidad de influir sustancialmente en las condiciones de participación (con respecto al precio y al suministro) en el mercado pertinente de servicios de mensajería como resultado del uso de su posición en el mercado, empleen o sigan empleando prácticas anticompetitivas.

2. Cada Parte se asegurará de que, en caso de que el proveedor monopolístico de servicios postales de una Parte compita, directamente o a través de una compañía afiliada, en el suministro de servicios de envío urgente fuera del ámbito de aplicación de sus derechos de monopolio, no infrinja sus obligaciones en virtud del presente título.

183

Licencias 1. Cuando se exija una licencia, se pondrá a disposición del público lo siguiente:

  • a)todos los criterios de otorgamiento de licencias y los plazos normalmente requeridos para tomar una decisión relativa a una solicitud de licencia; y b) los términos y condiciones de las licencias.

2. Las razones para la denegación de una licencia se comunicarán al solicitante previa solicitud.

Un proveedor afectado por la decisión tendrá derecho a recurrir dicha decisión ante un órgano independiente y competente de conformidad con la legislación respectiva. Dicho procedimiento será transparente, no discriminatorio y se basará en criterios objetivos.

184

Independencia de los órganos reguladores Cuando las Partes tengan órganos reguladores, dichos órganos serán jurídicamente independientes de cualquier proveedor de servicios de mensajería y no responderán ante ellos. Las decisiones de los órganos reguladores y los procedimientos utilizados por dichos órganos serán imparciales con respecto a todos los participantes en el mercado.

SERVICIOS DE TELECOMUNICACIONES

SECCIÓN D

185

Definiciones y ámbito de aplicación 1. La presente sección establece los principios del marco regulatorio de los servicios públicos de telecomunicaciones, salvo la difusión, comprometidos de conformidad con los capítulos 2, 3 y 4 del presente título, que incluyen servicios telefónicos de voz, servicios de transmisión de datos con conmutación de paquetes, servicios de transmisión de datos con conmutación de circuitos, servicios de télex, servicios de telégrafo, servicios de facsímil, servicios de circuitos privados arrendados y servicios y sistemas de comunicación móvil y personal22.

22 Las Partes entienden que estos servicios están cubiertos por la presente sección en la medida en que se consideren servicios públicos de telecomunicaciones de conformidad con la legislación nacional aplicable.

2. A efectos del presente título:

  • a)"servicios de telecomunicaciones" significa todos los servicios consistentes en la transmisión y recepción de señales electromagnéticas a través de redes de telecomunicaciones, y no incluye la actividad económica consistente en el suministro de contenidos que requieran redes o servicios de telecomunicaciones para su transporte; b) "servicios públicos de telecomunicaciones" o "servicios de telecomunicaciones disponibles al público" significa cualquier servicio de telecomunicaciones que una Parte exige que se ofrezca al público en general de conformidad con su legislación respectiva; c) "autoridad reguladora en el sector de telecomunicaciones" significa el órgano o los órganos encargados de cualquiera de las tareas reguladoras asignadas de conformidad con la legislación nacional de cada Parte; d) "instalaciones esenciales de telecomunicaciones" significa las instalaciones de una red o un servicio público de telecomunicaciones:
  • i)suministrados exclusiva o predominantemente por un solo proveedor o por un número limitado de proveedores; y ii) cuya sustitución con miras al suministro de un servicio no sea factible en lo económico o en lo técnico; e) "proveedor importante" en el sector de telecomunicaciones es un proveedor de servicios públicos de telecomunicaciones que tiene la capacidad de afectar de forma importante los términos de participación (con respecto al precio y al suministro) en el mercado pertinente de servicios públicos de telecomunicaciones, como resultado de controlar instalaciones esenciales o aprovechar su posición en el mercado; e f) "interconexión" significa el enlace entre proveedores que suministran redes o servicios públicos de telecomunicaciones con objeto de permitir que los usuarios de un proveedor puedan comunicarse con usuarios de otro proveedor y acceder a servicios suministrados por otro proveedor.
186

Autoridad reguladora 1. Una autoridad reguladora de servicios de telecomunicaciones será jurídicamente distinta y funcionalmente independiente de cualquier proveedor de servicios de telecomunicaciones.

2. Cada Parte procurará garantizar que su autoridad reguladora tenga los recursos adecuados para llevar a cabo sus funciones. Las tareas de una autoridad reguladora deberán hacerse públicas de una forma clara y fácilmente accesible, en particular cuando esas tareas sean asignadas a más de un órgano.

3. Las decisiones de la autoridad reguladora y los procedimientos utilizados por dicha autoridad serán imparciales con respecto a todos los participantes en el mercado.

4. Un proveedor afectado por la decisión de una autoridad reguladora tendrá derecho, de conformidad con la legislación respectiva, a recurrir dicha decisión ante un órgano competente independiente de los proveedores involucrados. Cuando el órgano competente no tenga un carácter judicial, siempre deberá fundamentar por escrito sus decisiones, que estarán además sujetas a revisión por parte de una autoridad judicial imparcial e independiente.

Las decisiones adoptadas por tales órganos competentes se harán cumplir efectivamente de conformidad con los procedimientos jurídicos aplicables. Mientras esté pendiente el resultado de cualquiera de estos procedimientos jurídicos, se mantendrá la decisión de la autoridad reguladora, salvo que el órgano competente o la legislación aplicable determinen lo contrario.

187

Autorización para suministrar servicios de telecomunicaciones23 23 A efectos de la presente sección, se entenderá que el término autorización incluye las licencias, concesiones, permisos, registros y cualesquiera otras autorizaciones que una Parte pueda exigir para suministrar servicios de telecomunicaciones.

1. El suministro de servicios será autorizado, en la medida de lo posible, a través de procedimientos simples y, siempre que sea aplicable, a través de una simple notificación.

2. Podrá exigirse una licencia o autorización específica para abordar las cuestiones de asignación de números y frecuencias. Los términos y condiciones para dichas licencias o autorizaciones específicas deberán ponerse a disposición del público.

3. Cuando se exija una licencia o una autorización:

  • a)se pondrán a disposición del público todos los criterios de otorgamiento de licencias o autorizaciones, así como el plazo razonable normalmente requerido para tomar una decisión relativa a una solicitud de licencia o autorización; b) las razones de la denegación de una solicitud de licencia o autorización se comunicarán por escrito previa petición del solicitante; y c) el solicitante de una licencia o autorización podrá recurrir ante un órgano competente, de conformidad con la legislación respectiva, en caso de que una solicitud de licencia o autorización se haya denegado indebidamente.
188

Salvaguardias de competencia sobre proveedores importantes Las Partes introducirán o mantendrán medidas apropiadas con el fin de impedir que los proveedores que, individualmente o en conjunto, sean un proveedor importante, empleen o sigan empleando prácticas anticompetitivas. Estas prácticas anticompetitivas incluirán, en particular:

  • a)realizar subvenciones cruzadas anticompetitivas24; 24 Solamente para la Reino Unido(*) "o estrechamiento de márgenes" (margin squeeze).

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE") b) utilizar información obtenida de competidores con resultados anticompetitivos; y c) no poner oportunamente a disposición de otros proveedores de servicios la información técnica sobre instalaciones esenciales y la información comercialmente pertinente necesaria para suministrar servicios.

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Interconexión25 25 Los apartados 3, 4 y 5, no se aplican con respecto a los proveedores de servicios comerciales móviles ni con respecto a los proveedores rurales de servicios de telecomunicaciones. Para mayor certeza, ninguna disposición del presente artículo se interpretará en el sentido de impedir que una Parte imponga los requisitos establecidos en el presente artículo a los proveedores de servicios comerciales móviles.

1. Cualquier proveedor autorizado a suministrar servicios públicos de telecomunicaciones tendrá derecho a negociar la interconexión con otros proveedores de redes y servicios públicos de telecomunicaciones. En principio, la interconexión debería ser acordada sobre la base de una negociación comercial entre los proveedores involucrados, sin perjuicio de la facultad de la autoridad reguladora para intervenir de conformidad con la legislación respectiva.

2. Los proveedores que adquieran información de otro proveedor durante el proceso de negociación de acuerdos de interconexión estarán obligados a utilizar esa información únicamente con el propósito para el cual fue suministrada y respetarán, en todo momento, la confidencialidad de la información transmitida o almacenada.

3. La interconexión con un proveedor importante estará asegurada en cualquier punto de la red en el que sea técnicamente factible. Dicha interconexión se suministrará de conformidad con la legislación nacional respectiva:

  • a)en términos, condiciones (incluidas las normas y especificaciones técnicas) y tarifas no discriminatorios, así como con una calidad no menos favorable que la facilitada para sus propios servicios similares, para servicios similares de proveedores de servicios no afiliados o para sus subsidiarias (filiales) u otras afiliadas; b) de manera oportuna, en términos, condiciones (incluidas las normas y especificaciones técnicas) y con tarifas basadas en costos que sean transparentes, razonables, tengan en cuenta la viabilidad económica, y estén suficientemente desagregadas para que el proveedor no deba pagar por componentes o instalaciones de la red que no necesite para el suministro del servicio; y c) previa solicitud, en puntos adicionales a los puntos de terminación de la red ofrecidos a la mayoría de los usuarios, sujeta a cobros que reflejen el costo de construcción de las instalaciones adicionales necesarias.

4. Deberán ponerse a disposición del público los procedimientos aplicables a la interconexión con un proveedor importante.

5. Los proveedores importantes pondrán a disposición del público sus acuerdos de interconexión vigentes, o sus ofertas de interconexión de referencia, o ambas cosas, de conformidad con la legislación respectiva.

6. Un proveedor de servicios que solicite interconexión con un proveedor importante podrá, después de un plazo razonable que haya sido dado a conocer públicamente, recurrir ante un órgano nacional independiente, que podrá ser una autoridad reguladora a la que se hace referencia en el artículo 186, para resolver las controversias relativas a los términos, las condiciones y las tarifas de interconexión apropiados.

190

Recursos escasos Cualquier procedimiento para la asignación y utilización de recursos escasos, incluidos las frecuencias, los números y los derechos de paso, se llevará a cabo de manera objetiva, oportuna, transparente y no discriminatoria. Se pondrá a disposición del público el estado actual de las bandas de frecuencia asignadas, pero no es preciso identificar detalladamente las frecuencias asignadas a usos oficiales específicos.

191

Servicio universal 1. Cada Parte tiene derecho a definir el tipo de obligaciones de servicio universal que desee establecer o mantener.

2. Dichas obligaciones no se considerarán anticompetitivas per se, a condición de que sean administradas de manera transparente, objetiva y no discriminatoria. Asimismo, la administración de dichas obligaciones será neutra por lo que se refiere a la competencia y no más gravosa de lo necesario para el tipo de servicio universal definido por la Parte.

3. Todos los proveedores podrán ser elegibles para asegurar el servicio universal. La designación se realizará a través de un mecanismo eficiente, transparente y no discriminatorio, de conformidad con la legislación respectiva.

4. Las Partes se asegurarán de que:

  • a)los directorios de todos los suscriptores de telefonía fija estén disponibles para los usuarios de conformidad con la legislación respectiva; y b) las organizaciones que suministren los servicios contemplados en la letra a) apliquen el principio de no discriminación en el tratamiento de la información suministrada por otras organizaciones.
192

Confidencialidad de la información Cada Parte, de conformidad con su legislación respectiva, asegurará la confidencialidad de las telecomunicaciones y de los datos de tráfico relacionados, por medio de una red pública de telecomunicaciones y servicios de telecomunicaciones disponibles al público, sin perjuicio del requisito de que tales medidas no se apliquen de manera que constituyan un medio de discriminación arbitrario o injustificable, o bien una restricción encubierta al comercio de servicios.

193

Controversias entre proveedores En el caso de que surja una controversia entre proveedores de los servicios o las redes de telecomunicaciones sobre derechos y obligaciones derivados de los artículos 188 y 189, la autoridad reguladora nacional involucrada u otra autoridad pertinente emitirá, previa solicitud de cualquier proveedor y de conformidad con los procedimientos establecidos en sus legislaciones respectivas, una decisión vinculante para resolver la controversia en el menor plazo posible.

SERVICIOS FINANCIEROS

SECCIÓN E

194

Ámbito de aplicación y definiciones 1. La presente sección establece los principios del marco regulatorio para todos los servicios financieros comprometidos en las listas de compromisos, de conformidad con los capítulos 2, 3 y 4 del presente título.

2. A efectos del presente capítulo y de los capítulos 2, 3 y 4 del presente título:

  • a)"servicio financiero" significa cualquier servicio de carácter financiero ofrecido por un proveedor de servicios financieros de una Parte. Los servicios financieros incluyen las siguientes actividades:

A. Servicios de seguros y relacionados con seguros:

1. seguros directos (incluido el coaseguro):

  • a)seguros de vida; b) seguros distintos de los de vida; 2. reaseguros y retrocesión; 3. actividades de intermediación de seguros, por ejemplo las de los corredores y agentes de seguros; y 4. servicios auxiliares de los seguros, por ejemplo los de consultores, actuarios, evaluación de riesgos e indemnización de siniestros.

B. Servicios bancarios y demás servicios financieros (excluidos los seguros):

1. aceptación de depósitos y otros fondos reembolsables del público; 2. préstamos de todo tipo, con inclusión de créditos personales, créditos hipotecarios, factoring y financiación de transacciones comerciales; 3. servicios de arrendamiento financiero; 4. todos los servicios de pago y transferencia monetaria, con inclusión de tarjetas de crédito y de débito, cheques de viaje y giros bancarios; 5. garantías y compromisos; 6. intercambio comercial por cuenta propia o de clientes, ya sea en una bolsa, en un mercado extrabursátil o de otro modo, de lo siguiente:

  • a)instrumentos del mercado monetario (incluidos cheques, letras y certificados de depósito); b) divisas; c) productos derivados, incluidos, aunque no exclusivamente, futuros y opciones; d) instrumentos de los mercados cambiario y monetario, por ejemplo, swaps y acuerdos a plazo sobre tipos de interés; e) valores transferibles; f) otros instrumentos y activos financieros negociables, metal inclusive; 7. participación en emisiones de toda clase de valores, con inclusión de la suscripción y colocación como agentes (pública o privadamente) y el suministro de servicios relacionados con esas emisiones; 8. corretaje de cambios; 9. administración de activos, por ejemplo, administración de fondos en efectivo o de carteras de valores, gestión de inversiones colectivas en todas sus formas, administración de fondos de pensiones, servicios de depósito y custodia, y servicios fiduciarios; 10. servicios de pago y compensación respecto de activos financieros, con inclusión de valores, productos derivados y otros instrumentos negociables; 11. suministro y transferencia de información financiera, así como procesamiento de datos financieros y soporte lógico (software) con ellos relacionado por proveedores de otros servicios financieros; y 12. servicios de asesoramiento e intermediación y otros servicios financieros auxiliares respecto de cualesquiera de las actividades enumeradas en los puntos 1 a 11, con inclusión de informes y análisis de crédito, estudios y asesoramiento sobre inversiones y carteras de valores, y asesoramiento sobre adquisiciones y sobre reestructuración y estrategia de las empresas; b) "proveedor de servicios financieros" significa toda persona natural o jurídica de una Parte que desea suministrar o suministra servicios financieros; el término "proveedor de servicios financieros" no incluye las entidades públicas; c) "entidad pública" significa:
  • i)un gobierno, un banco central o una autoridad monetaria de una Parte, o una entidad que sea propiedad o esté bajo el control de una Parte, que se dedique principalmente a desempeñar funciones gubernamentales o realizar actividades para fines gubernamentales, con exclusión de las entidades dedicadas principalmente al suministro de servicios financieros en condiciones comerciales; o ii) una entidad privada que desempeñe las funciones normalmente desempeñadas por un banco central o una autoridad monetaria, mientras ejerza esas funciones; d) "nuevo servicio financiero" significa un servicio financiero no suministrado en el territorio de la Parte, pero suministrado en el territorio de la otra Parte, e incluye cualquier nueva forma de suministro de un servicio financiero o la venta de un producto financiero no vendido en el territorio de la Parte.
195

Medidas prudenciales 1. Cada Parte podrá adoptar o mantener medidas por razones prudenciales, tales como:

  • a)la protección de inversionistas, depositantes, usuarios del mercado financiero, tenedores o beneficiarios de pólizas o personas acreedoras de obligaciones fiduciarias a cargo de un proveedor de servicios financieros; b) el mantenimiento de la seguridad, solidez, integridad o responsabilidad financiera de proveedores de servicios financieros; y c) el aseguramiento de la integridad y estabilidad del sistema financiero de una Parte.

2. Cuando esas medidas no sean conformes con las disposiciones del presente capítulo, no se utilizarán como medio para eludir los compromisos u obligaciones contraídos por las Partes en virtud del presente capítulo.

3. Ninguna disposición del presente Acuerdo se interpretará en el sentido de exigir a una Parte que revele información relativa a los negocios y cuentas de clientes individuales ni cualquier información confidencial o de dominio privado en poder de entidades públicas.

196

Efectividad y transparencia de la regulación 1. Cada Parte realizará sus mejores esfuerzos para suministrar con antelación, a todas las personas interesadas, cualquier medida de aplicación general que la Parte proponga adoptar para que tales personas puedan formular observaciones sobre la medida. Dicha medida se suministrará:

  • a)por medio de una publicación oficial; o b) a través de algún otro medio escrito o electrónico.

2. Cada Parte pondrá a disposición de las personas interesadas sus requisitos para completar las solicitudes relativas al suministro de servicios financieros.

A petición de un solicitante, la Parte involucrada le informará sobre el estado de su solicitud. Si la Parte afectada requiere información adicional del solicitante, le notificará sin demora injustificada.

3. Cada Parte hará sus mejores esfuerzos para implementar y aplicar en su territorio los estándares internacionalmente aceptados para la regulación y la supervisión en el sector de los servicios financieros, para la lucha contra el lavado de dinero u otros activos, contra el terrorismo financiero y contra la evasión o la elusión fiscal.

197

Nuevos servicios financieros 1. Una Parte permitirá, a los proveedores de servicios financieros de la otra Parte establecidos en su territorio, ofrecer en dicho territorio, cualquier nuevo servicio financiero dentro del ámbito de los subsectores y servicios financieros comprometidos en sus listas de compromisos y de conformidad con los términos, limitaciones, condiciones y salvedades establecidos en dichas listas de compromisos, siempre que la introducción de dicho nuevo servicio financiero no exija una nueva ley o la modificación de una ley vigente.

2. De conformidad con el apartado 1, una Parte podrá determinar la forma jurídica a través de la cual se suministra el servicio y podrá exigir una autorización para el suministro del servicio financiero. Cuando se exija dicha autorización, se tomará una decisión dentro de un plazo razonable, y la autorización solamente podrá ser denegada por motivos prudenciales.

198

Procesamiento de datos 1. Cada Parte permitirá a un proveedor de servicios financieros de la otra Parte transferir información por vía electrónica o en otra forma, dentro o fuera de su territorio, para el procesamiento de datos, cuando dicho procesamiento sea necesario en las actividades ordinarias de negocios del proveedor de servicios financieros26.

26 Para mayor certeza, la obligación que figura en el presente artículo no se considerará un compromiso específico con arreglo al artículo 194, apartado 2, letra a).

2. Cada Parte adoptará o mantendrá salvaguardias adecuadas para la protección de la privacidad, así como de los derechos fundamentales y las libertades individuales, en particular con respecto a la transferencia de datos personales.

199

Excepciones específicas 1. Ninguna disposición del presente título impedirá a una Parte, incluidas sus entidades públicas, realizar o suministrar exclusivamente en su territorio actividades o servicios que formen parte de un plan de jubilación público o de un régimen legal de seguridad social, excepto cuando esas actividades sean llevadas a cabo, según lo establecido en la regulación nacional de la Parte, por proveedores de servicios financieros en competencia con entidades públicas o instituciones privadas.

2. Ninguna disposición del presente Acuerdo es aplicable a las actividades realizadas por un banco central o una autoridad monetaria o por cualquier otra entidad pública en cumplimiento de políticas monetarias o cambiarias.

3. Ninguna disposición del presente título impedirá a una Parte, incluidas sus entidades públicas, realizar o suministrar exclusivamente en su territorio actividades o servicios por cuenta, o bien con garantía o con utilización de recursos financieros, de la Parte o sus entidades públicas.

SERVICIOS DE TRANSPORTE MARÍTIMO

SECCIÓN F

200

Ámbito de aplicación, definiciones y principios 1. La presente sección establece los principios relativos a los servicios de transporte marítimo internacional comprometidos en las listas de compromisos según los capítulos 2, 3 y 4 del presente título.

2. A efectos de la presente sección y los capítulos 2, 3 y 4 del presente título:

  • a)"transporte marítimo internacional" cubre las operaciones de transporte puerta a puerta y multimodal, es decir, el transporte de mercancías a través de más de un modo de transporte, que incluya un trayecto marítimo, con un documento único de transporte, y a este efecto incluye el derecho de los proveedores de transporte marítimo internacional a contratar directamente con proveedores de otros modos de transporte27; 27 Para mayor certeza, el ámbito de aplicación de esta definición no implicará el suministro de un servicio de transporte. Para los propósitos de esta definición, por documento único de transporte se entenderá un documento que permite a los clientes concluir un contrato único con una compañía naviera para una operación de transporte puerta a puerta.
  • b)"servicios de manipulación de carga" significa las actividades ejercidas por empresas estibadoras, incluidos los operadores de terminales, pero sin incluir las actividades directas de los estibadores cuando estos trabajadores estén organizados de forma independiente de las empresas estibadoras o de los operadores de terminales; las actividades cubiertas incluyen la organización y supervisión de:
  • i)la carga/descarga de la carga de un buque; ii) el amarre/desamarre de la carga; iii) la recepción/entrega y custodia de cargas antes de su embarque o después del desembarque; c) "servicios de despacho de aduanas" (alternativamente "servicios de agentes de aduanas") significa las actividades consistentes en la realización por cuenta ajena de los trámites aduaneros relativos a la importación, exportación o el transporte de cargas, ya sean tales servicios la actividad principal del proveedor del servicio o un complemento habitual de su actividad principal; d) "servicios de estaciones y depósito de contenedores" significa las actividades consistentes en el almacenamiento de contenedores, ya sea en zonas portuarias o en el interior, con miras a su llenado/vaciado, reparación y su disponibilidad para el embarque; e) "servicios de agencia marítima" significa las actividades consistentes en la representación en calidad de agente, en una zona geográfica determinada, de los intereses comerciales de una o más líneas o compañías navieras para los siguientes propósitos:
  • i)comercialización y venta de servicios de transporte marítimo y servicios conexos, desde la cotización hasta la facturación, así como expedición de los conocimientos de embarque en nombre de las compañías, adquisición y reventa de los servicios conexos necesarios, preparación de documentación y suministro de información comercial; ii) organización, en nombre de las compañías, de la escala de la embarcación o recepción de las cargas, en caso necesario; f) "servicios de expedición de cargamentos" significa la actividad consistente en la organización y seguimiento de las operaciones de carga en nombre de los consignadores, a través de la adquisición de transporte y servicios conexos, la preparación de documentación y el suministro de información comercial.

3. Considerando la situación existente entre las Partes en el transporte marítimo internacional, cada Parte:

  • a)aplicará efectivamente el principio de acceso sin restricciones a los mercados marítimos internacionales y rutas comerciales sobre una base comercial y no discriminatoria; y b) otorgará a las embarcaciones que enarbolen la bandera de la otra Parte, u operadas por proveedores de servicios de la otra Parte, un trato no menos favorable que el otorgado a sus propias embarcaciones con respecto al acceso a puertos, uso de infraestructura y servicios marítimos auxiliares de los puertos, así como tarifas y cargos conexos, instalaciones aduaneras y la asignación de atracaderos e instalaciones de carga y descarga28.

28 Las disposiciones del presente apartado se refieren solamente al acceso a servicios pero no permiten el suministro de servicios.

4. Al aplicar estos principios, cada Parte:

  • a)no introducirá acuerdos de reparto de carga en acuerdos bilaterales futuros con terceros países relativos a los servicios de transporte marítimo, incluido el comercio a granel, líquido y sólido, y de línea regular, y pondrá fin, dentro de un plazo razonable, a dichos acuerdos de reparto de carga en caso de que existan en acuerdos bilaterales previos; y b) de conformidad con las listas de compromisos según los capítulos 2, 3 y 4 del presente título, se asegurará de que cualesquiera medidas existentes o futuras adoptadas respecto a los servicios de transporte marítimo internacional sean no discriminatorias y no constituyan una restricción encubierta a los servicios de transporte marítimo internacional.

5. Cada Parte permitirá a los proveedores de servicios marítimos internacionales de la otra Parte tener un establecimiento en su territorio de conformidad con el artículo 165.

6. Las Partes se asegurarán de que los servicios suministrados en los puertos se ofrezcan en términos y condiciones no discriminatorios. Los servicios disponibles pueden incluir practicaje, remolque, aprovisionamiento, carga de combustible y agua, recolección de basura y eliminación de residuos de lastre, servicios de capitanía de puerto, ayudas a la navegación, servicios operativos en tierra esenciales para las operaciones de embarque, incluso comunicaciones, suministro de agua y electricidad, instalaciones de reparación de emergencia, anclaje, atracaderos y servicios de atraque.

COMERCIO ELECTRÓNICO

CAPÍTULO 6

201

Objetivo y principios 1. Las Partes, reconociendo que el comercio electrónico incrementa las oportunidades comerciales en muchos sectores, acuerdan promover el desarrollo del comercio electrónico entre ellas, en particular cooperando en los temas relacionados con el comercio electrónico de conformidad con las disposiciones del presente título.

2. Las Partes reconocen que el desarrollo del comercio electrónico deberá ser compatible con los estándares internacionales de protección de datos, con miras a asegurar la confianza de los usuarios del comercio electrónico.

3. Las Partes acuerdan no imponer aranceles aduaneros a las transmisiones electrónicas.

202

Aspectos regulatorios del comercio electrónico Las Partes mantendrán un diálogo sobre los temas regulatorios relacionados con el comercio electrónico, que incluirá, entre otras, las siguientes cuestiones:

  • a)el reconocimiento de certificados de firmas electrónicas expedidos al público y la facilitación de servicios de certificación transfronterizos; b) el tratamiento de comunicaciones comerciales electrónicas no solicitadas; c) la protección de los consumidores en el ámbito del comercio electrónico; y d) cualquier otro tema pertinente para el desarrollo del comercio electrónico.

EXCEPCIONES

CAPÍTULO 7

203

Excepciones generales 1. Sin perjuicio de que las medidas no se apliquen de manera que constituyan un medio de discriminación arbitrario o injustificable entre las Partes en que prevalezcan condiciones similares, o una restricción encubierta al establecimiento o suministro transfronterizo de servicios, ninguna disposición del presente título se interpretará en el sentido de impedir que una Parte adopte o haga cumplir medidas que sean:

  • a)necesarias para proteger la seguridad pública o la moral pública o para mantener el orden público; b) necesarias para proteger la vida y la salud humana, animal o vegetal; c) relativas a la conservación de los recursos naturales agotables, si dichas medidas son aplicadas conjuntamente con restricciones sobre inversionistas nacionales o sobre proveedores nacionales o sobre el consumo de servicios; d) necesarias para la protección de tesoros nacionales de valor artístico, histórico o arqueológico; e) necesarias para lograr la observancia de las leyes o regulaciones que no sean incompatibles con las disposiciones del presente título, incluidas aquellas relativas a:
  • i)la prevención de prácticas que induzcan a error y prácticas fraudulentas o los medios para hacer frente a los efectos del incumplimiento de los contratos; ii) la protección de la intimidad de los particulares en relación con el tratamiento y la difusión de datos personales, así como la protección del carácter confidencial de los registros y las cuentas individuales; iii) la seguridad; f) incompatibles con los artículos 165 y 171 del presente título, siempre que la diferencia de trato tenga por objeto garantizar la imposición o la recaudación equitativas o efectivas de impuestos directos respecto de actividades económicas, inversionistas, servicios o proveedores de servicios de la otra Parte29.

29 Entre las medidas que tienen por objeto garantizar la imposición o recaudación equitativas o efectivas de impuestos directos están comprendidas las medidas adoptadas por una Parte en virtud de su régimen fiscal que:

  • a)se aplican a los inversionistas y proveedores de servicios no residentes en reconocimiento del hecho de que la obligación fiscal de los no residentes se determina con respecto a las partidas imponibles cuya fuente o emplazamiento se hallan en el territorio de la Parte; o b) se aplican a los no residentes con el fin de garantizar la imposición o recaudación de impuestos en el territorio de la Parte; o c) se aplican a los no residentes o a los residentes con el fin de prevenir la elusión o evasión de impuestos, con inclusión de medidas de cumplimiento; o d) se aplican a los consumidores de servicios suministrados en o desde el territorio de otra Parte con el fin de garantizar la imposición o recaudación, con respecto a tales consumidores, de impuestos derivados de fuentes que se hallan en el territorio de la Parte; o e) establecen una distinción entre los inversionistas y los proveedores de servicios sujetos a impuestos sobre partidas imponibles en todos los países, y otros inversionistas y proveedores de servicios, en reconocimiento de la diferencia existente entre ellos en cuanto a la naturaleza de la base impositiva; o f) determinan, asignan o reparten ingresos, beneficios, ganancias, pérdidas, deducciones o créditos de personas residentes o sucursales, o entre personas vinculadas o sucursales de la misma persona, con el fin de salvaguardar la base impositiva de la Parte.

Los términos o conceptos fiscales que figuran en la letra f) de la presente disposición y en la presente nota de pie de página se determinan según las definiciones y conceptos fiscales, o las definiciones y conceptos equivalentes o similares, con arreglo a la legislación nacional de la Parte que adopte la medida.

2. Las disposiciones del presente título y de los correspondientes anexos sobre listas de compromisos no se aplicarán a los respectivos sistemas de seguridad social de las Partes o a las actividades en el territorio de cada Parte, que estén relacionadas, aún ocasionalmente, con el ejercicio de la autoridad oficial.

PAGOS CORRIENTES Y MOVIMIENTOS DE CAPITAL

TÍTULO IV

204

Objetivo y ámbito de aplicación 1. Las Partes intentarán liberalizar los pagos corrientes y los movimientos de capital entre ellas, de conformidad con los compromisos asumidos en el marco de las instituciones financieras internacionales y considerando debidamente la estabilidad monetaria de cada Parte.

2. El presente título se aplica a todos los pagos corrientes y movimientos de capital entre las Partes.

205

Cuenta corriente Las Partes permitirán o autorizarán, según sea apropiado, cualesquiera pagos y transferencias de la cuenta corriente entre las Partes, en divisas de libre convertibilidad y de conformidad con el Convenio Constitutivo del Fondo Monetario Internacional, en particular las disposiciones del artículo VIII.

206

Cuenta de capital Respecto de las transacciones en la cuenta de capital y financiera de la balanza de pagos, a partir de la entrada en vigor del presente Acuerdo, las Partes permitirán o garantizarán, cuando sea aplicable, la libre circulación de capitales relacionados con inversiones directas realizadas en personas jurídicas constituidas de conformidad con la legislación del país receptor, y de inversiones y otras transacciones realizadas de conformidad con las disposiciones del título III (Establecimiento, comercio de servicios y comercio electrónico)30 de la parte IV del presente Acuerdo, así como la liquidación y repatriación de estas inversiones y de cualquier ganancia que hayan generado.

30 Para mayor certeza, las excepciones incluidas en la parte V del presente Acuerdo, así como las excepciones incluidas en el título III (Establecimiento, comercio de servicios y comercio electrónico) de la parte IV del presente Acuerdo, se aplicarán también al presente título.

207

Medidas de salvaguardia Cuando, en circunstancias excepcionales, los movimientos de capital entre las Partes causen, o amenacen causar, serias dificultades para el funcionamiento de la política cambiaria o de la política monetaria en una Parte, la Parte afectada podrá adoptar medidas de salvaguardia respecto de los movimientos de capital por un periodo que no exceda un año. La aplicación de las medidas de salvaguardia podrá prolongarse a través de su reintroducción formal en caso de circunstancias excepcionales extremas y tras haberse coordinado previamente las Partes con respecto a la implementación de cualquier propuesta de reintroducción formal31.

31 La reintroducción de medidas de salvaguardia no estará sujeta a autorización entre las Partes.

208

1. Con respecto al presente título, las Partes confirman los derechos y obligaciones establecidos por el Fondo Monetario Internacional o cualesquiera otros acuerdos entre los Estados miembros de la Unión Europea y una República de la Parte CA.

2. Las Partes se consultarán para facilitar el movimiento de capital entre ellas a fin de promover los objetivos del presente Acuerdo.

CONTRATACIÓN PÚBLICA

Disposiciones finales

TÍTULO V

209

Introducción 1. Las Partes reconocen la contribución que las contrataciones transparentes, competitivas y abiertas aportan al desarrollo económico sostenible, y se fijan como objetivo la apertura efectiva, recíproca y gradual de sus respectivos mercados de contratación.

2. A efectos del presente título:

  • a)"mercancías y servicios comerciales" significa mercancías y servicios del tipo generalmente vendido o puesto a la venta en el mercado comercial a, y usualmente adquirido por, compradores no gubernamentales para fines no gubernamentales; b) "procedimiento de evaluación de la conformidad" significa todo procedimiento utilizado, directa o indirectamente, para determinar que se cumplen los requisitos pertinentes de las normas o reglamentos técnicos; c) "servicio de construcción" significa un servicio que tiene como objetivo la realización, por cualquier medio, de obras civiles o de construcción, con base en la división 51 de la Clasificación Central Provisional de Productos de las Naciones Unidas; d) "subasta electrónica" significa un proceso iterativo que implica el uso de medios electrónicos para la presentación, por parte de proveedores, de nuevos precios o nuevos valores para elementos cuantificables no relacionados con el precio de la oferta, relacionados con los criterios de evaluación, o ambos, que resulte en una categorización o recategorización de las ofertas; e) "por escrito" o "escrito" significa cualquier expresión en palabras o cifras que pueda leerse, reproducirse y después comunicarse; puede incluir información transmitida y almacenada electrónicamente; f) "licitación restringida" significa un método de contratación mediante el cual una entidad contratante contacta a un proveedor o unos proveedores de su elección; g) "lista de proveedores" significa una lista de proveedores que una entidad contratante ha determinado que satisfacen las condiciones para formar parte de esa lista y/o los requisitos formales para ser incluidos en la misma, y que la entidad contratante planea usar más de una vez; h) "medida" significa cualquier ley, reglamento, procedimiento, guía o práctica administrativa de una entidad contratante relacionada con una actividad de contratación cubierta; i) "aviso de contratación futura" significa un aviso publicado por una entidad contratante por el que se invita a los proveedores interesados a presentar una solicitud de participación, una oferta, o ambas, de acuerdo con la legislación de cada Parte; j) "condición compensatoria" significa una condición o compromiso que fomente el desarrollo local o mejore las cuentas de la balanza de pagos de una Parte, tales como el uso de contenido nacional, la concesión de licencias de tecnología, inversión, comercio de compensación y acciones o requisitos similares; k) "licitación abierta" significa un método de contratación mediante el cual todos los proveedores interesados pueden presentar una oferta; l) "entidad contratante" significa una entidad cubierta por una Parte en las secciones A, B o C del apéndice 1 (Cobertura) del anexo XVI (Contratación pública); m) "proveedor cualificado" significa un proveedor al cual una entidad contratante reconoce el cumplimento de las condiciones de participación; n) "licitación selectiva" significa un método de contratación mediante el cual una entidad contratante únicamente invita a ofertar a los proveedores calificados o registrados; o) "servicios" incluye los servicios de construcción, a menos a que se especifique lo contrario; y p) "especificación técnica" significa un requisito de contratación que:
  • i)establece las características de mercancías o servicios que deban ser contratados, incluidos calidad, desempeño, seguridad y dimensiones, o los procesos y métodos para su producción o suministro; o ii) hace referencia a requisitos de terminología, símbolos, embalaje, marcado o etiquetado, aplicables a una mercancía o a un servicio.
210

Ámbito de aplicación y cobertura 1. El presente título se aplica a cualquier medida relativa a una contratación cubierta. A efectos del presente título, contratación cubierta significa la contratación para propósitos gubernamentales:

  • a)de mercancías, servicios o cualquier combinación de ambos:
  • i)tal y como se especifica para cada Parte en las secciones pertinentes del apéndice 1 (Cobertura) del anexo XVI; y ii) no adquirido para su venta o reventa comercial, ni para su uso en la producción o el suministro de mercancías o servicios para la venta o reventa comercial; b) mediante cualquier medio contractual, lo que incluye: compra, arrendamiento y alquiler o arrendamiento financiero, con o sin opción de compra; c) cuyo valor iguala o supera el umbral pertinente especificado para cada Parte en el apéndice 1 (Cobertura) del anexo XVI, en el momento de la publicación de un anuncio de acuerdo con el artículo 213; d) por una entidad contratante; y e) que no está de cualquier otra forma excluida de la cobertura.

2. Excepto cuando se disponga lo contrario, el presente título no se aplica a:

  • a)la adquisición o el alquiler de tierras, edificios u otros bienes inmuebles o los derechos correspondientes; b) acuerdos no contractuales o cualquier forma de asistencia que una Parte provea, incluidos acuerdos de cooperación, subvenciones, préstamos, aportaciones de capital, garantías e incentivos fiscales, suministro gubernamental de mercancías y servicios a entidades de gobierno estatal, regional o local; c) la contratación o adquisición de servicios de agencias o depósitos fiscales, servicios de liquidación y gestión para instituciones financieras reguladas o servicios relacionados con la venta, redención y distribución de deuda pública, incluidos préstamos y bonos gubernamentales, notas y otros títulos; d) contratos de empleo público y medidas relacionadas con el empleo; e) contratación realizada:
  • i)para el propósito específico de proporcionar ayuda internacional, incluida la ayuda al desarrollo; ii) de conformidad con un procedimiento o una condición particular de un acuerdo internacional relacionado con el estacionamiento de tropas o con la ejecución conjunta por parte de los países signatarios de un proyecto; iii) de conformidad con un procedimiento o una condición particular de una organización internacional o financiado mediante subvenciones internacionales, préstamos u otras ayudas, cuando el procedimiento o condición aplicable sea incompatible con el presente título; f) compras efectuadas en condiciones excepcionalmente favorables que solo concurran por un plazo muy breve, tales como enajenaciones extraordinarias realizadas por empresas que normalmente no son proveedoras o la enajenación de activos de empresas en liquidación o administración judicial.

3. Cada Parte especificará la siguiente información en el apéndice 1 (Cobertura) del anexo XVI como se indica:

  • a)en la sección A, las entidades de gobierno central cuya contratación está cubierta por el presente título; b) en la sección B, las entidades de gobierno subcentral cuya contratación está cubierta por el presente título; c) en la sección C, todas las demás entidades cuya contratación está cubierta por el presente título; d) en la sección D, los servicios, distintos a los servicios de construcción, cubiertos por el presente título; e) en la sección E, los servicios de construcción cubiertos por el presente título; y f) en la sección F, cualesquiera notas generales.

4. Cuando la legislación nacional de una Parte permita que una contratación cubierta sea realizada en nombre de la entidad contratante por otras entidades o personas, se aplicarán igualmente las disposiciones del presente título.

5. a) Ninguna entidad contratante podrá preparar, diseñar, estructurar o dividir de otro modo una contratación para eludir las obligaciones del presente título.

  • b)Cuando una contratación pueda dar lugar a contratos adjudicados al mismo tiempo bajo la forma de lotes distintos, se contabilizará el valor total estimado de dichos lotes. Si el valor agregado de los lotes es igual o supera los umbrales de una Parte establecidos en la sección pertinente, el presente título se aplicará a la adjudicación de dichos lotes, con la excepción de aquellos lotes cuyo valor sea inferior a 80 000 euros.

6. Ninguna disposición del presente título se interpretará en el sentido de impedir que una Parte adopte o mantenga medidas relacionadas con mercancías o servicios de personas con discapacidad, instituciones filantrópicas o de trabajo penitenciario, o bien medidas necesarias para proteger la moral, la seguridad o el orden públicos, la salud o la vida de las personas, los animales y los vegetales, lo que incluye medidas ambientales, y la propiedad intelectual.

Las Repúblicas de la Parte CA podrán adoptar, desarrollar, mantener o implementar medidas para promover oportunidades o programas para políticas de contratación para el desarrollo de sus minorías y de sus MIPYMEs, incluidas reglas preferenciales, tales como:

  • a)identificación de MIPYMEs registradas como proveedoras del Estado; b) establecimiento de criterios de desempate para adjudicar un contrato a MIPYMEs nacionales que, participando individualmente o en consorcio, hayan remitido una oferta de igual calificación que otros proveedores.

7. Ninguna disposición del presente título impedirá a una Parte desarrollar nuevas políticas de contratación, procedimientos, o modalidades contractuales, siempre que no sean incompatibles con el presente título.

211

Principios generales 1. Con respecto a cualquier medida y cualquier contratación cubierta, cada Parte, incluidas sus entidades contratantes, concederá a las mercancías y los servicios de la otra Parte, así como a los proveedores de otra Parte que ofrezcan mercancías y servicios de cualquier Parte, un trato no menos favorable que el que la Parte, incluidas sus entidades contratantes, concede a mercancías, servicios y proveedores nacionales.

2. Con respecto a cualquier medida relacionada con una contratación cubierta, ninguna Parte, incluidas sus entidades contratantes:

  • a)tratarán a un proveedor establecido localmente de forma menos favorable que a cualquier otro proveedor establecido localmente sobre la base del grado de afiliación o propiedad extranjera; ni b) discriminarán contra un proveedor establecido localmente sobre la base de que las mercancías o servicios ofrecidos por dicho proveedor para una determinada contratación son mercancías o servicios de la otra Parte.

3. Cualquier proveedor o prestatario de servicios de la Reino Unido(*) establecido en una República de la Parte CA recibirá en todas las demás Repúblicas de la Parte CA un trato no menos favorable que el que esta última otorgue a sus propios proveedores de mercancías o prestatarios de servicios respecto a cualquier medida relacionada con una contratación cubierta.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE") Cualquier proveedor de mercancías o prestatario de servicios de una República de la Parte CA establecido en cualquier Estado miembro de la Unión Europea recibirá, en todos los demás Estados miembros de la Unión Europea, un trato no menos favorable que el que estos otorguen a sus propios proveedores de mercancías o prestatarios de servicios respecto a cualquier medida relacionada con una contratación cubierta.

Las Partes no introducirán, para los proveedores y prestatarios de servicios que deseen remitir una oferta en una contratación cubierta, nuevos requisitos de establecimiento local o registro que pudieran constituir una desventaja competitiva para los proveedores y prestatarios de servicios de la otra Parte. Los requisitos vigentes serán objeto de revisión dentro de los diez años siguientes a la entrada en vigor del presente Acuerdo32.

32 Para mayor certeza, ninguna disposición del presente artículo afectará al comercio de servicios cubiertos por el título III (Establecimiento, comercio de servicios y comercio electrónico) y sus anexos de listas de compromisos sobre establecimiento, listas de compromisos sobre suministro transfronterizo de servicios, reservas de la Reino Unido(*) sobre personal clave y aprendices graduados, listas de compromisos de las Repúblicas de la Parte CA sobre vendedores de servicios comerciales y listas de compromisos de las Repúblicas de la Parte CA sobre personal clave y aprendices graduados.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE") Uso de medios electrónicos 4. Si una entidad contratante lleva a cabo una contratación cubierta por medios electrónicos:

  • a)velará por que la contratación se realice utilizando sistemas de tecnología de información y software, incluidos los relacionados con la autenticación y encriptación de información, que están generalmente disponibles y son interoperables con otros sistemas de tecnología de información y software generalmente disponibles; y b) mantendrá mecanismos que aseguren la integridad de las solicitudes de participación y ofertas, incluidos mecanismos relativos a los plazos y a la recepción y que impidan un acceso inapropiado.

Gestión de la contratación 5. Una entidad contratante deberá gestionar las contrataciones cubiertas de una manera transparente e imparcial, que evite conflictos de interés, prevenga prácticas corruptas y sea compatible con el presente título, utilizando métodos tales como la licitación abierta, la licitación selectiva y la licitación restringida. Adicionalmente, las Partes establecerán o mantendrán sanciones contra tales prácticas corruptas.

Normas de origen 6. A efectos de la contratación cubierta, ninguna Parte podrá aplicar normas de origen a las mercancías o servicios importados de la otra Parte o suministrados por la otra Parte que sean diferentes de las normas de origen que esa Parte aplica, en el curso normal del comercio, a importaciones o suministros de las mismas mercancías o servicios de la misma Parte. Condiciones compensatorias 7. Sujeto a las excepciones que figuran en el presente título o en los anexos correspondientes, ninguna Parte podrá buscar, tomar en cuenta, imponer o hacer cumplir condiciones compensatorias.

212

Publicación de información sobre contrataciones 1. Cada Parte:

  • a)publicará con prontitud cualquier ley, reglamento, decisión judicial o disposición administrativa de aplicación general, cláusulas contractuales normalizadas exigidas por leyes o reglamentos e incorporadas mediante referencia en avisos y documentos de contratación, así como procedimientos relativos a contrataciones cubiertas y cualquier modificación de las mismas, en medios electrónicos o impresos oficialmente designados que tengan una amplia difusión y sean fácilmente accesibles para el público; b) proporcionará, si lo solicita cualquier Parte, información adicional sobre la aplicación de dichas disposiciones; c) indicará en el apéndice 2 (Medios para la publicación de información sobre contrataciones) del anexo XVI, el medio electrónico o impreso en que cada Parte publica la información descrita en la letra a); e d) indicará en el apéndice 3 (Medios para la publicación de avisos) del anexo XVI los medios en que la Parte publica los avisos exigidos por el artículo 213, el artículo 215, apartado 4, y el artículo 223, apartado 2.

2. La Parte CA hará todos los esfuerzos razonables para desarrollar un punto único de acceso regional. La Reino Unido(*) proporcionará asistencia técnica y financiera para desarrollar, establecer y mantener dicho punto único de acceso. Esta cooperación se aborda en el título VI (Desarrollo económico y comercial) de la parte III del presente Acuerdo. La implementación de la presente disposición está sujeta a la materialización de la iniciativa sobre asistencia técnica y financiera para el desarrollo, establecimiento y mantenimiento de un punto único de acceso a nivel centroamericano.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE") 3. Cada Parte notificará con prontitud a la otra Parte cualquier modificación de la información de la Parte que figura en el apéndice 2 (Medios para la publicación de información sobre contrataciones) o en el apéndice 3 (Medios para la publicación de avisos) del anexo XVI.

213

Publicación de avisos Aviso de contratación futura 1. Para cada contratación cubierta, excepto en las circunstancias descritas en el artículo 220, una entidad contratante deberá publicar un aviso de contratación futura en los medios apropiados contemplados en el apéndice 3 (Medios para la publicación de avisos) del anexo XVI. Cada aviso deberá incluir la información establecida en el apéndice 4 (Aviso de contratación futura) del anexo XVI. Estos avisos deberán estar accesibles por medios electrónicos gratuitos mediante un punto único de acceso a nivel regional, cuando y donde exista.

Aviso de contratación programada 2. Se anima a las entidades contratantes a publicar anualmente, tan pronto como sea posible, un aviso de sus planes futuros de contratación (en lo sucesivo, "aviso de contratación programada"). El aviso incluirá la materia objeto de contratación y la fecha aproximada de la publicación del aviso de contratación futura o en la que se desarrollará la contratación.

3. Una entidad contratante podrá, si así lo establece la legislación interna, utilizar un aviso de contratación pública programada como aviso de contratación futura siempre que incluya tanta información del apéndice 4 (Aviso de contratación futura) como esté disponible y una indicación de que los proveedores interesados deberán expresar su interés en la contratación a la entidad contratante.

214

Condiciones de participación 1. Una entidad contratante limitará las condiciones de participación en una contratación a aquellas que sean esenciales para garantizar que el proveedor tiene la capacidad jurídica, financiera, comercial y técnica para llevar a buen fin la contratación de que se trate.

2. Para determinar si un proveedor cumple con las condiciones de participación, una entidad contratante evaluará las habilidades financieras, comerciales y técnicas del proveedor sobre la base de sus actividades de negocios tanto dentro como fuera del territorio de la Parte de la entidad contratante, y no podrá condicionar la participación de un proveedor en una contratación pública a que a dicho proveedor se le hayan adjudicado previamente uno o más contratos por una entidad contratante de una Parte o a que el proveedor tenga experiencia de trabajo previa en el territorio de una Parte.

3. Al hacer dicho análisis, la entidad contratante basará su evaluación en las condiciones que haya especificado con anterioridad en los avisos o documentos de contratación.

4. La entidad contratante podrá excluir a un proveedor por motivos tales como quiebra, declaraciones falsas, deficiencias significativas en la ejecución de cualquier requisito sustantivo u obligación en el marco de un contrato o de contratos previos, decisiones judiciales referentes a delitos u otras decisiones judiciales respecto a infracciones graves, mala conducta profesional, impago de impuestos o razones similares.

Cada Parte podrá adoptar o mantener procedimientos para declarar la inelegibilidad para participar en las contrataciones de la Parte, ya sea indefinidamente o por un periodo establecido, de los proveedores respecto a los cuales la Parte haya determinado que han participado en actividades ilegales o fraudulentas relacionadas con la contratación. A solicitud de la otra Parte, una Parte identificará, en la medida de lo posible, a los proveedores determinados como inelegibles con arreglo a estos procedimientos y, cuando resulte apropiado, intercambiará información con respecto a estos proveedores o la actividad fraudulenta o ilegal.

5. La entidad contratante podrá solicitar que el oferente indique en su oferta cualquier parte del contrato que tenga la intención de subcontratar a terceras personas y los subcontratistas propuestos.

Esta indicación deberá hacerse sin perjuicio del principio de responsabilidad del operador económico.

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Cualificación o registro de proveedores Licitación selectiva 1. Cuando una entidad contratante tenga la intención de utilizar una licitación selectiva:

  • a)incluirá en el aviso de contratación futura al menos la información especificada en el apartado 1 del apéndice 4 (Aviso de contratación futura) del anexo XVI e invitará a los proveedores a remitir una solicitud de participación; y b) pondrá a disposición, al inicio del periodo para ofertar, al menos la información especificada en el apartado 2 del apéndice 4 (Aviso de contratación futura) del anexo XVI a los proveedores cualificados o registrados.

2. La entidad contratante reconocerá como proveedores cualificados a cualquier proveedor nacional y cualquier proveedor de la otra Parte que cumpla con las condiciones de participación en una contratación particular, a menos que la entidad contratante establezca, en el aviso de contratación futura, cualquier limitación al número de proveedores a los que se permitirá ofertar y los criterios para seleccionar ese número limitado de proveedores.

3. Cuando los documentos de contratación no se pongan a disposición del público desde la fecha de publicación del aviso contemplado en el apartado 1, la entidad contratante se asegurará de que dichos documentos estén a disposición del público al mismo tiempo para todos los proveedores cualificados seleccionados de conformidad con el apartado 2. Lista de proveedores 4. Una entidad contratante podrá mantener una lista de proveedores, siempre y cuando se publique anualmente una invitación a los proveedores interesados para que soliciten su inclusión en la lista y, cuando se publique por medios electrónicos, pueda consultarse de forma continuada en el medio apropiado indicado en el apéndice 3 (Medios para la publicación de avisos) del anexo XVI. Dicho aviso deberá incluir la información establecida en el apéndice 5 (Aviso de invitación a los proveedores interesados para que soliciten su inclusión en una lista de proveedores) del anexo XVI.

5. Sin perjuicio de lo establecido en el apartado 4, cuando una lista de proveedores sea válida por tres años o menos, la entidad contratante podrá publicar el aviso contemplado en dicho apartado solo una vez, al inicio del periodo de validez de la lista, siempre que dicho aviso establezca el periodo de validez y no se publiquen otros avisos.

6. Una entidad contratante permitirá a los proveedores solicitar en cualquier momento su inclusión en una lista de proveedores e incluirá en la lista, dentro de un plazo razonablemente corto, a todos los proveedores que cumplan los requisitos correspondientes.

7. Una entidad contratante podrá, si lo permite la legislación de la Parte, utilizar una invitación a los proveedores para solicitar su inclusión en la lista de proveedores como aviso de contratación futura, siempre y cuando:

  • a)el aviso se publique de conformidad con el apartado 4 e incluya la información exigida en el apéndice 5 (Aviso de invitación a los proveedores interesados para que soliciten su inclusión en una lista de proveedores), así como tanta información de la exigida en el apéndice 4 (Aviso de contratación futura) del anexo XVI como esté disponible, y contenga una declaración de que constituye un aviso de contratación futura; b) la entidad contratante conceda con prontitud a los proveedores que hayan expresado un interés a la entidad sobre una contratación particular, información suficiente para permitirles valorar su interés en la contratación, incluida toda la demás información exigida en el apéndice 4 (Aviso de contratación futura) del anexo XVI, en tanto dicha información esté disponible; y c) un proveedor que haya solicitado su inclusión en una lista de proveedores de conformidad con el apartado 6 puede ser autorizado a ofertar en una contratación determinada si la entidad contratante tiene tiempo suficiente para examinar si cumple las condiciones de participación.

8. Una entidad contratante comunicará con prontitud a cualquier proveedor que presente una solicitud de participación o inclusión en la lista de proveedores su decisión con respecto a la solicitud.

9. Cuando una entidad contratante rechace la solicitud de cualificación o inclusión en una lista de proveedores, deje de reconocer al proveedor como calificado o elimine al proveedor de una lista de proveedores, informará al proveedor y, a solicitud del proveedor, le proporcionará con prontitud una explicación por escrito de las razones de su decisión.

10. Las Partes indicarán, en la sección F (Notas generales) del apéndice 1 (Cobertura) del anexo XVI, las entidades que utilizarán listas de proveedores.

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Especificaciones técnicas 1. Una entidad contratante no preparará, adoptará o aplicará una especificación técnica ni dispondrá ningún procedimiento de evaluación de la conformidad con el propósito o efecto de crear obstáculos innecesarios al comercio internacional.

2. Cuando corresponda, al establecer las especificaciones técnicas para las mercancías o los servicios licitados, la entidad contratante:

  • a)establecerá las especificaciones técnicas en términos de desempeño y requisitos funcionales, en lugar de características descriptivas o de diseño; y b) basará las especificaciones técnicas en normas internacionales, cuando existan; de lo contrario, en reglamentos técnicos nacionales, normas nacionales reconocidas o códigos de construcción.

3. Cuando se utilicen características descriptivas o de diseño en las especificaciones técnicas, la entidad contratante indicará, cuando sea apropiado, que tomará en consideración las ofertas de mercancías o servicios equivalentes que demuestren cumplir con los requisitos de la contratación mediante la inclusión de términos tales como "o equivalente" en los documentos de la contratación.

4. Una entidad contratante no establecerá especificaciones técnicas que requieran o se refieran a una marca o nombre comercial, patente, derecho de autor, diseño, tipo, origen específico, productor o proveedor, a menos que no se cuente con otra manera precisa o inteligible de describir los requisitos de la contratación y siempre y cuando en tales casos, la entidad incluya términos como "o equivalente" en los documentos de contratación.

5. Una entidad contratante no solicitará ni aceptará, de manera que pueda tener el efecto de impedir la competencia, asesoramiento para la preparación o adopción de cualquier especificación técnica para una contratación determinada, de una persona que pueda tener interés comercial en la contratación.

6. Para mayor certeza, el presente artículo no pretende impedir que la entidad contratante prepare, adopte o aplique especificaciones técnicas para promover la conservación de los recursos naturales o proteger el medio ambiente.

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Documentos de contratación 1. Una entidad contratante proporcionará a los proveedores documentos de contratación que incluyan toda la información necesaria para permitir a los proveedores presentar ofertas adecuadas.

A menos que se haya incluido en el aviso de contratación futura, dicha documentación incluirá una descripción completa de los elementos establecidos en el apéndice 8 (Documentos de contratación) del anexo XVI.

2. La entidad contratante proporcionará sin demora, previa solicitud, los documentos de contratación a cualquier proveedor que participe en la contratación pública, y responderá a cualquier solicitud razonable de información pertinente hecha por un proveedor que participe en la contratación pública, siempre y cuando dicha información no otorgue a ese proveedor una ventaja sobre sus competidores en la contratación y la solicitud haya sido presentada dentro de los plazos correspondientes.

3. Cuando, en el curso de una contratación, una entidad contratante modifique los criterios o requisitos establecidos en el aviso de contratación futura, o en los documentos de contratación puestos a disposición de los proveedores, esta transmitirá por escrito dichas modificaciones:

  • a)a todos los proveedores que participen en el momento en que la información es modificada, si se conocen, y en todos los demás casos de la misma manera que la información original; y b) con tiempo suficiente para que dichos proveedores puedan modificar y volver a presentar ofertas modificadas, según el caso.
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Plazos Una entidad contratante deberá, de conformidad con sus propias necesidades, proporcionar suficiente tiempo a los proveedores para preparar y remitir solicitudes de participación y ofertas adecuadas, tomando en consideración factores como la naturaleza y complejidad de la contratación, la extensión de la subcontratación anticipada y el plazo para transmitir ofertas desde puntos extranjeros o locales cuando no se utilizan medios electrónicos. Dichos periodos, incluida cualquier prórroga de los plazos, deben ser los mismos para todos los interesados o proveedores participantes.

Los plazos aplicables se indican en el apéndice 6 (Plazos) del anexo XVI.

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Negociaciones 1. Cada Parte podrá establecer que sus entidades contratantes realicen contrataciones mediante el procedimiento de negociación, en los siguientes casos:

  • a)en el contexto de contrataciones en que se haya indicado dicha intención en el aviso de contratación futura; o b) cuando, como resultado de la evaluación, se determine que ninguna oferta es evidentemente la más ventajosa en cuanto a los criterios específicos de evaluación definidos en los avisos o documentos de contratación.

2. Una entidad contratante:

  • a)se asegurará de que toda eliminación de proveedores participantes en las negociaciones se realice con arreglo a los criterios de evaluación indicados en los avisos o documentos de contratación; y b) cuando las negociaciones hayan finalizado, establecerá una fecha límite común para que los proveedores restantes remitan cualquier oferta nueva o revisada.
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Uso de licitación restringida u otros procedimientos de contratación equivalentes 1. A condición de que los procedimientos de contratación no se utilicen como medio para evitar la competencia o para proteger a proveedores nacionales, una entidad contratante podrá adjudicar contratos mediante contratación directa u otros procedimientos de contratación equivalentes en las siguientes circunstancias:

  • a)cuando:
  • i)no se hayan presentado ofertas, o ningún proveedor haya solicitado participar; ii) no se hayan presentado ofertas que se adecuen a los requisitos esenciales de los documentos de contratación; iii) ningún proveedor cumpla las condiciones de participación; o iv) las ofertas presentadas hayan sido colusivas; siempre y cuando los requisitos de los documentos de contratación no hayan sido modificados sustancialmente; b) en el caso de obras de arte, o por razones relacionadas con la protección de derechos exclusivos de propiedad intelectual, tales como patentes o derechos de autor, o información reservada, o cuando no haya competencia por razones técnicas, las mercancías o servicios solo puedan ser suministrados por un proveedor determinado y no exista otra alternativa o sustituto razonable; c) para entregas adicionales del proveedor original de mercancías o servicios que no hayan sido incluidas en la contratación original, cuando un cambio de proveedor para dichos bienes o servicios adicionales:
  • i)no se pueda realizar por razones económicas o técnicas tales como requisitos de intercambiabilidad o interoperabilidad con equipos existentes, software, servicios o instalaciones contratadas en virtud de la contratación inicial; y ii) causaría importantes inconvenientes o una duplicación sustancial de costos a la entidad contratante; d) para mercancías adquiridas en un mercado de productos básicos; e) cuando una entidad contratante adquiera un prototipo o un primer producto o servicio que se desarrolle a petición suya en el curso de un determinado contrato de investigación, experimentación, estudio o desarrollo original. Cuando dichos contratos hayan sido ejecutados, los contratos posteriores de mercancías o servicios se ajustarán a lo dispuesto en el presente título; f) en el caso de servicios adicionales de construcción, que no hayan sido incluidos en el contrato original, pero que figuren dentro de los objetivos de la documentación original de la contratación y que, debido a circunstancias no previstas, resulten necesarios para completar los servicios de construcción descritos. No obstante, el valor total de los contratos adjudicados para dichos servicios adicionales de construcción no excederá del cincuenta por ciento del monto del contrato original; g) si es estrictamente necesario cuando, por razones de urgencia ocasionadas por acontecimientos imprevisibles para la entidad contratante, las mercancías o servicios no puedan ser obtenidos a tiempo mediante un procedimiento de licitación abierta, y el uso de tal procedimiento pudiera producir un perjuicio grave a la entidad contratante, a las responsabilidades de la entidad contratante respecto a su programa, o a la Parte; h) cuando se adjudique un contrato al ganador de un concurso de diseño, a condición de que el concurso se haya organizado de forma coherente con los principios del presente título y de que los participantes hayan sido evaluados por un jurado independiente para que se adjudique al ganador un contrato de diseño; o i) en los casos establecidos por cada Parte en la sección F (Notas generales) del apéndice 1 (Cobertura) del anexo XVI.

2. La entidad contratante mantendrá registros o elaborará informes escritos que señalen la justificación específica de todo contrato adjudicado de conformidad con el apartado 1.

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Subastas electrónicas Cuando una entidad contratante tenga previsto realizar una contratación cubierta utilizando una subasta electrónica, deberá proporcionar a cada participante, antes de iniciar la subasta electrónica:

  • a)el método de evaluación automática, incluida la fórmula matemática, basada en los criterios de evaluación establecidos en los documentos de contratación, que se utilizará en la clasificación o reclasificación automática durante la subasta; b) los resultados de una evaluación inicial de los elementos de su oferta cuando el contrato se vaya a adjudicar sobre la base de la oferta más ventajosa; y c) cualquier otra información pertinente relativa al desarrollo de la subasta.
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Tratamiento de ofertas y adjudicación de contratos 1. Una entidad contratante recibirá, abrirá y tratará todas las ofertas de conformidad con los procedimientos que garanticen la equidad e imparcialidad del proceso de contratación, así como la confidencialidad de las ofertas.

2. Para ser considerada para la adjudicación, una oferta se hará por escrito y deberá, en el momento de la apertura, cumplir los requisitos esenciales establecidos en los documentos de contratación y, cuando proceda, en los avisos, así como proceder de un proveedor que cumpla las condiciones de participación.

3. A menos que la entidad contratante determine que no redunda en el interés público adjudicar un contrato, adjudicará el contrato al proveedor que la entidad haya determinado que es capaz de cumplir las condiciones del contrato y que, únicamente sobre la base de los criterios de evaluación especificados en los avisos y documentos de contratación, haya presentado la oferta más ventajosa o, cuando el precio sea el único criterio, el precio más bajo.

4. Cuando la entidad contratante reciba una oferta con un precio anormalmente más bajo que los de otras ofertas presentadas, podrá verificar si el proveedor cumple las condiciones de participación y es capaz de cumplir los términos del contrato.

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Transparencia de la información sobre contratación 1. Una entidad contratante informará con prontitud de sus decisiones de adjudicación a los proveedores participantes y, a solicitud, lo hará por escrito. Sin perjuicio de los apartados 2 y 3 del artículo 224, la entidad contratante facilitará a cualquier proveedor no seleccionado, a petición, una explicación de las razones por las que la entidad no seleccionó su oferta y las ventajas relativas de la oferta del proveedor seleccionado.

2. Después de la adjudicación de cada contrato cubierto por el presente título, la entidad contratante publicará, tan pronto como sea posible, de acuerdo con los plazos establecidos en la legislación de cada Parte, un aviso en el medio apropiado escrito o electrónico contemplado en el apéndice 3 (Medios para la publicación de avisos) del anexo XVI. Cuando solo se utilice un medio electrónico, la información permanecerá disponible por un periodo razonable de tiempo. El aviso incluirá al menos la información establecida en el apéndice 7 (Avisos de adjudicación) del anexo XVI.

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Divulgación de información 1. Cada Parte facilitará sin demora, a solicitud de la otra Parte, toda la información pertinente sobre la adjudicación de una contratación cubierta, para determinar si esta se realizó de conformidad con las normas del presente título. En caso de que la divulgación de la presente información pueda perjudicar a la competencia en futuras contrataciones, la Parte que reciba la información no la revelará a ningún proveedor, excepto después de consultar con y de acuerdo con la Parte que suministró la información.

2. No obstante cualquier otra disposición del presente título, ninguna Parte, incluidas sus entidades contratantes, facilitará a ningún proveedor información que pueda perjudicar la competencia justa entre proveedores.

3. Ninguna disposición del presente título se interpretará en el sentido de exigir a una Parte, incluidas sus entidades contratantes, autoridades y órganos de revisión, que revele información confidencial, cuando esa divulgación obstaculice el cumplimiento de la legislación, pueda perjudicar la competencia justa entre proveedores, pueda perjudicar el interés comercial legítimo de particulares, incluida la protección de la propiedad intelectual, o sea contraria al interés público.

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Procedimientos internos de revisión 1. Cada Parte establecerá o mantendrá procedimientos administrativos o judiciales de revisión oportunos, eficaces, transparentes y no discriminatorios, a través de los cuales un proveedor pueda presentar un recurso, con respecto a las obligaciones de una Parte y de sus entidades en virtud del presente título, que pudiera surgir en el marco de una contratación cubierta en la cual el proveedor tenga o haya tenido interés. Las normas de procedimiento aplicables a todos los recursos deberán constar por escrito y estar a disposición general.

2. Cada Parte podrá establecer en su legislación interna, que en el caso que un proveedor presente una reclamación en el marco de una contratación cubierta, alentará a su entidad contratante y al proveedor a buscar una solución de la reclamación a través de consultas. La entidad contratante examinará de forma imparcial y oportuna cualquier reclamación de manera que no perjudique la participación del proveedor en contrataciones vigentes o futuras o su derecho a buscar medidas correctivas en el marco del procedimiento de revisión administrativo o judicial.

3. Se concederá a cada proveedor un plazo suficiente para preparar y presentar un recurso, que en ningún caso será inferior a diez días a partir del momento en que el proveedor conozca o deba razonablemente conocer el fundamento del recurso.

4. Cada Parte establecerá o designará al menos una autoridad administrativa o judicial imparcial, independiente de sus entidades contratantes, que recibirá y examinará los recursos de proveedores que se presenten en el marco de una contratación cubierta.

5. Cuando un órgano de revisión distinto de la autoridad mencionada en el apartado 4 revise inicialmente un recurso, la Parte se asegurará de que el proveedor pueda apelar la decisión inicial ante una autoridad imparcial administrativa o judicial independiente de la entidad contratante cuya contratación es objeto del recurso. Un órgano de revisión que no sea un tribunal debe estar sujeto a revisión judicial u ofrecer garantías procesales que establezcan que:

  • a)la entidad contratante responderá por escrito al recurso y dará a conocer todos los documentos pertinentes al órgano de revisión; b) los participantes en el procedimiento (en lo sucesivo, "los participantes") tendrán derecho a ser oídos antes de que el órgano de revisión adopte una decisión sobre el recurso; c) los participantes tendrán derecho a ser representados y acompañados; d) los participantes tendrán acceso a todos los procedimientos; y e) las decisiones o recomendaciones relativas a los recursos presentados por los proveedores serán facilitadas dentro de un plazo razonable, por escrito, con una 6. Cada Parte adoptará o mantendrá procedimientos que dispongan:
  • a)medidas provisionales urgentes para ofrecer al proveedor la oportunidad de participar en la contratación. Tales medidas provisionales podrán dar lugar a una suspensión del procedimiento de contratación. Los procedimientos podrán prever que, al decidir si deben aplicarse esas medidas, se tengan en cuenta las consecuencias adversas sobre intereses afectados que deban prevalecer, incluido el interés público. La causa justificada para no adoptar medidas se justificará por escrito; y b) una acción correctiva o compensatoria por las pérdidas o los daños sufridos de acuerdo con la legislación de cada Parte, en los casos en que una autoridad de revisión determine que ha existido un incumplimiento o una falta, de conformidad con el apartado 1.
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Modificaciones y rectificaciones a la cobertura 1. La Reino Unido(*) realizará las modificaciones y rectificaciones de la cobertura a través de negociaciones bilaterales con cada República de la Parte CA en cuestión. De manera inversa, cada República de la Parte CA realizará las modificaciones y rectificaciones de la cobertura a través de negociaciones bilaterales con la Reino Unido(*).

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE") Cuando una Parte tenga la intención de modificar su cobertura de contratación en virtud del presente título, la Parte:

  • a)notificará a la otra Parte o Partes interesadas por escrito; y b) incluirá en su notificación una propuesta de ajustes compensatorios apropiados a la otra Parte para mantener un nivel de cobertura comparable al existente antes de la modificación.

2. No obstante lo dispuesto en el apartado 1, letra b), una Parte no necesita otorgar ajustes compensatorios cuando:

  • a)la modificación en cuestión es un cambio de importancia menor o una rectificación de naturaleza puramente formal; o b) la modificación propuesta se refiere a una entidad respecto a la cual la Parte ha eliminado efectivamente su control o influencia.

Las Partes podrán realizar cambios menores o rectificaciones de naturaleza puramente formal a su cobertura de conformidad con el presente título, de acuerdo con las disposiciones del título XIII (Tareas específicas en cuestiones comerciales de los órganos establecidos en virtud del presente Acuerdo) de la parte IV del presente Acuerdo.

3. Si la Reino Unido(*) o la República de la Parte CA en cuestión no están de acuerdo en que:

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE") a) el ajuste propuesto en virtud del apartado 1, letra b), es adecuado para mantener un nivel comparable de la cobertura mutuamente acordada; b) la modificación propuesta es un cambio de importancia menor o una rectificación con arreglo al apartado 2, letra a); o c) la modificación propuesta se refiere a una entidad respecto de la cual la Parte ha eliminado efectivamente su control o influencia de conformidad con el apartado 2, letra b), deberá objetar por escrito dentro de los treinta días siguientes a la recepción de la notificación contemplada en el apartado 1 o se considerará que está de acuerdo con el ajuste o la modificación propuesta, incluso a efectos del título X (Solución de controversias) de la parte IV del presente Acuerdo.

4. Cuando las Partes en cuestión hayan acordado la modificación, rectificación o cambio menor propuesto, incluso cuando no se hayan presentado objeciones en un plazo de treinta días con arreglo al apartado 3, las modificaciones se realizarán de conformidad con las disposiciones del apartado 6.

5. La Reino Unido(*) y cada República de la Parte CA podrán, en cualquier momento, participar en negociaciones bilaterales relacionadas con la ampliación del acceso a mercados que se concedan mutuamente en virtud del presente título, de conformidad con los arreglos institucionales ó procedimentales pertinentes establecidos en el presente Acuerdo.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE") 6. El Consejo de Asociación modificará las partes pertinentes de las secciones A, B o C del apéndice 1 (Cobertura) del anexo XVI para reflejar cualquier modificación acordada por las Partes, rectificación técnica o cambio de importancia menor.

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Cooperación y asistencia técnica en materia de contratación pública Las Partes acuerdan que es de su interés común promover la cooperación mutua e iniciativas de asistencia técnica en cuestiones relacionadas con la contratación pública. En este sentido, las Partes han identificado un número de actividades de cooperación que se establecen en el artículo 58 del título VI (Desarrollo económico y comercial) de la parte III del presente Acuerdo.

PROPIEDAD INTELECTUAL

OBJETIVOS Y PRINCIPIOS

TÍTULO VI

CAPÍTULO 1

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Objetivos Los objetivos del presente título son:

  • a)garantizar una protección adecuada y efectiva de los derechos de propiedad intelectual en los territorios de las Partes, tomando en consideración la situación económica y las necesidades sociales o culturales de cada Parte; b) promover y fomentar la transferencia de tecnología entre el Reino Unido y las Repúblicas de la Parte CA(*) con el fin de permitir el establecimiento de una base tecnológica sólida y viable en las Repúblicas de la Parte CA; y c) promover la cooperación técnica y financiera en el ámbito de los derechos de propiedad intelectual entre el Reino Unido y las Repúblicas de la Parte CA(*).

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "ambas regiones")

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Naturaleza y alcance de las obligaciones 1. Las Partes garantizarán una implementación adecuada y efectiva de los acuerdos internacionales sobre propiedad intelectual de los cuales son parte, incluido el Acuerdo de la OMC sobre los Aspectos de los Derechos de Propiedad Intelectual relacionados con el Comercio (en lo sucesivo, el "Acuerdo sobre los ADPIC"). Las disposiciones del presente título deberán complementar y especificar los derechos y obligaciones entre las Partes en virtud del Acuerdo sobre los ADPIC y otros acuerdos internacionales en materia de propiedad intelectual.

2. Propiedad intelectual y salud pública:

  • a)las Partes reconocen la importancia de la Declaración de Doha relativa al Acuerdo sobre los ADPIC y la Salud Pública adoptada el 14 de noviembre de 2001 por la Conferencia Ministerial de la OMC. Al interpretar e implementar los derechos y obligaciones en virtud del presente título, las Partes garantizarán la coherencia con dicha Declaración; b) las Partes contribuirán a la aplicación y el respeto de la Decisión del Consejo General de la OMC de 30 de agosto de 2003, sobre la Implementación del apartado 6 de la Declaración de Doha sobre el Acuerdo sobre los ADPIC y la Salud Pública, así como el Protocolo por el que se enmienda el Acuerdo sobre los ADPIC, celebrado en Ginebra el 6 de diciembre de 2005.

3. a) A efectos del presente Acuerdo, los derechos de propiedad intelectual abarcan los derechos de autor, incluidos los derechos de autor sobre programas de ordenador y bases de datos, y derechos conexos; los derechos relacionados con las patentes; las marcas; los nombres comerciales; los dibujos y modelos industriales; los esquemas de trazado (topografías) de circuitos integrados; las indicaciones geográficas, incluidas las denominaciones de origen; las variedades vegetales y la protección de la información no divulgada; b) a efectos del presente Acuerdo, en relación con la competencia desleal, la protección será otorgada de conformidad con el artículo 10 bis del Convenio de París para la Protección de Propiedad Industrial (Acta de Estocolmo de 1967) (en lo sucesivo, el "Convenio de París").

4. Las Partes reconocen el derecho soberano de los Estados sobre sus recursos naturales y el acceso a sus recursos genéticos, de conformidad con lo establecido en el Convenio sobre la Diversidad Biológica (1992). Ninguna disposición del presente título impedirá a las Partes adoptar o mantener medidas para promover la conservación de la diversidad biológica, la utilización sostenible de sus componentes, así como la participación justa y equitativa en los beneficios que se deriven de la utilización de los recursos genéticos, de conformidad con lo establecido en dicho Convenio.

5. Las Partes reconocen la importancia de respetar, preservar y mantener los conocimientos, innovaciones y prácticas de las comunidades indígenas y locales que involucren prácticas tradicionales relacionadas con la conservación y el uso sostenible de la diversidad biológica.

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Nación más favorecida y trato nacional De conformidad con los artículos 3 y 4 del Acuerdo sobre los ADPIC y con sujeción a las excepciones previstas en dichas disposiciones, cada Parte concederá a los nacionales de la otra Parte:

  • a)un trato no menos favorable que el que otorgue a sus propios nacionales con respecto a la protección de la propiedad intelectual; y b) cualquier ventaja, favor, privilegio o inmunidad que conceda a los nacionales de cualquier otro país con respecto a la protección de la propiedad intelectual.
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Transferencia de tecnología 1. Las Partes acuerdan intercambiar puntos de vista e información sobre sus prácticas y políticas que afecten la transferencia de tecnología, tanto dentro de sus respectivas regiones como con terceros países, con la finalidad de crear medidas para facilitar flujos de información, alianzas empresariales, otorgamiento de licencias y la subcontratación. Se prestará especial atención a las condiciones necesarias para crear un entorno adecuado que facilite la transferencia de tecnología entre las Partes, incluidos, entre otros, aspectos como el desarrollo de capital humano y el marco jurídico.

2. Las Partes reconocen la importancia de la educación y formación profesional para la transferencia de tecnología, lo cual puede ser alcanzado a través de programas de intercambio académico, profesional y/o empresarial dirigidos a la transmisión de conocimientos entre las Partes33.

33 La Reino Unido(*) promoverá que los intercambios académicos tomen la forma de becas y que el intercambio profesional y empresarial tomen la forma de periodos de prácticas en organizaciones de la Unión Europea, fortalecimiento de MIPYMEs, desarrollo de industrias innovadoras y creación de clínicas profesionales para que el conocimiento adquirido pueda ser aplicado en la región centroamericana.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE") 3. Las Partes adoptarán medidas, según proceda, para prevenir o controlar las prácticas de otorgamiento de licencias o las condiciones relativas a los derechos de propiedad intelectual que puedan afectar adversamente a la transferencia internacional de tecnología y que constituyan un abuso de los derechos de propiedad intelectual por parte de sus titulares o un abuso de las asimetrías obvias de información en las negociaciones de licencias.

4. Las Partes reconocen la importancia de crear mecanismos que fortalezcan y promuevan la inversión en las Repúblicas de la Parte CA, especialmente en los sectores innovadores y de alta tecnología. La Reino Unido(*) realizará los mejores esfuerzos para ofrecer a las instituciones y empresas de su territorio incentivos destinados a promover y favorecer la transferencia de tecnología a instituciones y empresas de las Repúblicas de la Parte CA, de tal manera que se les permita establecer una plataforma tecnológica viable.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE") 5. Las acciones descritas para alcanzar los objetivos establecidos en el presente artículo se desarrollan en el artículo 55 del título VI (Desarrollo económico y comercial) de la parte III del presente Acuerdo.

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Agotamiento Las Partes tendrán libertad para establecer su propio régimen para el agotamiento de los derechos de propiedad intelectual, a reserva de las disposiciones del Acuerdo sobre los ADPIC.

NORMAS SOBRE DERECHOS DE PROPIEDAD INTELECTUAL

DERECHOS DE AUTOR Y DERECHOS CONEXOS

CAPÍTULO 2

SECCIÓN A

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Protección otorgada Las Partes cumplirán:

  • a)la Convención Internacional sobre la Protección de los Artistas Intérpretes o Ejecutantes, los Productores de Fonogramas y los Organismos de Radiodifusión (Roma, 1961) (en lo sucesivo, la "Convención de Roma"); b) el Convenio de Berna para la Protección de las Obras Literarias y Artísticas (1886, última modificación realizada en 1979) (en lo sucesivo, el "Convenio de Berna"); CENTR-AM/EU/es 296 c) el Tratado de la Organización Mundial de la Propiedad Intelectual sobre Derecho de Autor (Ginebra, 1996) (en lo sucesivo, el "Tratado WCT"); y d) el Tratado de la Organización Mundial de la Propiedad Intelectual sobre Interpretación o Ejecución y Fonogramas (Ginebra, 1996) (en lo sucesivo, el "Tratado WPPT").
234

Duración de los derechos de autor Las Partes acuerdan que, para el cálculo del plazo de protección de los derechos de autor, las disposiciones establecidas en los artículos 7 y 7 bis del Convenio de Berna se aplicarán a la protección de las obras literarias y artísticas, con la condición de que el plazo mínimo de la duración de las condiciones de protección definidas en los apartados 1, 2, 3 y 4 del artículo 7 del Convenio de Berna será de setenta años.

235

Duración de los derechos conexos Las Partes acuerdan que, para el cálculo del plazo de protección de los derechos de los artistas intérpretes o ejecutantes, productores de fonogramas y organismos de radiodifusión, las disposiciones establecidas en el artículo 14 de la Convención de Roma se aplicarán, con la condición de que el plazo mínimo de la duración de las condiciones de protección definidas en el artículo 14 de la Convención de Roma será de cincuenta años.

236

Gestión colectiva de derechos Las Partes reconocen la importancia de la actuación de las sociedades de gestión y del establecimiento de acuerdos entre ellas, con el propósito de propiciar mutuamente un acceso y una entrega de contenidos más fácil entre los territorios de las Partes, así como la consecución de un alto nivel de desarrollo en la ejecución de sus tareas.

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Radiodifusión y comunicación al público34 34 Una Parte podrá mantener las reservas formuladas en el marco de la Convención de Roma y del Tratado WPPT en relación con los derechos conferidos en el presente artículo y esto no se entenderá como un incumplimiento de la presente disposición.

1. A efectos de la presente disposición, comunicación al público de una interpretación o ejecución o de un fonograma significa la transmisión al público por cualquier medio, que no sea la radiodifusión, de sonidos de una interpretación o ejecución o los sonidos o las representaciones de sonidos fijadas en un fonograma. A efectos del presente artículo, "comunicación al público" incluye hacer los sonidos o las representaciones de sonidos fijados en un fonograma audibles al público.

2. De conformidad con su legislación nacional, las Partes concederán a los artistas intérpretes o ejecutantes el derecho exclusivo de autorizar o prohibir la radiodifusión y la comunicación al público de sus interpretaciones o ejecuciones, excepto cuando la interpretación o ejecución constituya en sí misma una interpretación o ejecución radiodifundida o se haga a partir de una fijación.

3. Los artistas intérpretes o ejecutantes y los productores de los fonogramas gozarán del derecho a una remuneración equitativa y única por la utilización directa o indirecta para la radiodifusión o para cualquier comunicación al público de los fonogramas publicados con fines comerciales. A falta de acuerdo entre los artistas intérpretes o ejecutantes y los productores de fonogramas, las Partes podrán establecer las condiciones en que deban repartirse dicha remuneración entre ambas categorías de titulares de derechos.

4. Las Partes concederán a los organismos de radiodifusión el derecho exclusivo de autorizar o prohibir la retransmisión por medios inalámbricos de sus emisiones, así como la comunicación al público de sus emisiones de televisión cuando estas se efectúen en lugares accesibles al público mediante el pago de un derecho de entrada.

5. Las Partes podrán establecer en su legislación interna limitaciones o excepciones a los derechos establecidos en los apartados 2, 3 y 4 solo en casos especiales que no atenten contra la explotación normal del objeto de protección y que no causen un perjuicio injustificado a los intereses legítimos de los titulares de derechos.

MARCAS

SECCIÓN B

238

Acuerdos internacionales La Unión Europea y las Repúblicas de la Parte CA harán todos los esfuerzos razonables por:

  • a)ratificar o acceder al Protocolo concerniente al Arreglo de Madrid relativo al Registro Internacional de Marcas (Madrid, 1989); y b) cumplir el Tratado sobre el Derecho de Marcas (Ginebra, 1994).
239

Procedimiento de registro La Reino Unido(*) y las Repúblicas de la Parte CA establecerán un sistema de registro de marcas en el que cada decisión definitiva adoptada por la administración responsable de las marcas esté debidamente motivada por escrito. Así, las razones para denegar el registro de una marca deberán ser comunicadas por escrito al solicitante, quien tendrá la oportunidad de impugnar dicha denegación y de recurrir judicialmente la denegación definitiva ante los tribunales. La Reino Unido(*) y las Repúblicas de la Parte CA también introducirán la posibilidad de oponerse a las solicitudes de registro de marcas. Dicho procedimiento de oposición será contradictorio.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE")

240

Marcas notoriamente conocidas El artículo 6 bis del Convenio de París se aplicará, mutatis mutandis, a bienes o servicios que no sean idénticos o similares a aquellos identificados por una marca notoriamente conocida, siempre que el uso de esa marca en relación con esos bienes o servicios indique una conexión entre esos bienes o servicios y el titular de la marca, y a condición de que sea probable que ese uso lesione los intereses del titular de la marca. Para mayor certeza, las Partes también podrán aplicar la presente protección a las marcas notoriamente conocidas no registradas.

241

Excepciones a los derechos conferidos por una marca Las Partes podrán establecer excepciones limitadas a los derechos conferidos por una marca, tales como el uso leal de términos descriptivos. Dichas excepciones deberán tomar en cuenta el interés legítimo del titular de la marca registrada y de terceros.

INDICACIONES GEOGRÁFICAS

SECCIÓN C

242

1. Las siguientes disposiciones se aplicarán al reconocimiento y a la protección de las indicaciones geográficas que sean originarias del territorio de las Partes.

2. A efectos del presente Acuerdo, indicaciones geográficas son las que identifican un producto como originario del territorio de una Parte, o de una región o localidad de ese territorio, cuando determinada calidad, reputación u otra característica del producto sea imputable fundamentalmente a su origen geográfico.

Disposiciones generales

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Ámbito de aplicación y cobertura 1. Las Partes reafirman los derechos y las obligaciones establecidas en la parte II, sección 3, del Acuerdo sobre los ADPIC.

2. Las indicaciones geográficas de una Parte que han de ser protegidas por la otra Parte solo estarán sujetas al presente artículo si son reconocidas y declaradas como tales en sus países de origen.

244

Sistema de protección 1. Las Partes mantendrán en su legislación sistemas de protección de las indicaciones geográficas (Así reformado el párrafo anterior por el aparte 13) sub aparte a) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") 2. La legislación de las Partes contendrá elementos tales como:

  • a)un registro en el que figuren las indicaciones geográficas protegidas en sus respectivos territorios; b) un proceso administrativo que permita verificar que las indicaciones geográficas identifican a un producto como originario de un territorio, una región o una localidad de una de las Partes, cuando determinada calidad, reputación u otra característica del producto sea imputable fundamentalmente a su origen geográfico; c) un requisito de que un nombre registrado corresponda a un producto o a productos específicos para los que esté prevista una especificación de producto, que solo pueda modificarse mediante el correspondiente proceso administrativo; d) disposiciones de control aplicables a la producción del producto o productos; e) un derecho, para todo operador establecido en la zona y que se someta al sistema de control para utilizar el nombre protegido siempre que el producto cumpla las especificaciones correspondientes; f) un procedimiento, que incluya la publicación de la solicitud, que permita tener en cuenta los intereses legítimos de usuarios anteriores de los nombres, independientemente de que dichos nombres estén o no protegidos bajo una forma de propiedad intelectual.
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Indicaciones geográficas establecidas Las indicaciones geográficas que figuran en el Anexo XVII serán procesadas de acuerdo con los procedimientos de protección aplicables del Reino Unido, una vez presentada dicha solicitud de protección.

(Así reformado por el aparte 13) sub aparte b) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019")

246

Protección otorgada 1. Las indicaciones geográficas listadas en el anexo XVIII (Indicaciones geográficas protegidas), así como aquellas que se añadan de conformidad con el artículo 247, estarán protegidas, como mínimo, contra:

  • a)la utilización de cualquier medio que, en la designación o presentación del producto, indique o sugiera que el producto de que se trate proviene de un área geográfica distinta del verdadero lugar de origen, de modo que induzca al público a error en cuanto al origen geográfico del producto; b) la utilización de una indicación geográfica protegida para los mismos productos que no sean originarios del lugar designado por la indicación geográfica de que se trate, incluso cuando se indique el verdadero origen del producto o se utilice la indicación geográfica traducida o acompañada de expresiones tales como "estilo", "tipo", "imitación", "como" o similares; c) cualquier otra práctica que induzca al consumidor a error en cuanto al verdadero origen del producto u otra utilización que constituya un acto de competencia desleal en el sentido del artículo 10 bis del Convenio de París.

2. Una indicación geográfica a la que se haya concedido protección en una de las Partes, de acuerdo con el Anexo XVIII, no podrá considerarse que se ha convertido en genérica en dicha Parte de registro, siempre que esté protegida como indicación geográfica en la Parte de origen.

(Así reformado el inciso anterior por el aparte 13) sub aparte c) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") 3. Cuando una indicación geográfica contenga un nombre que sea considerado genérico en una Parte, no se considerará que el uso de ese nombre genérico en el producto apropiado en esa Parte es contrario al presente artículo.

4. Para otras indicaciones geográficas diferentes a vinos y bebidas espirituosas, nada de lo previsto en el presente Acuerdo será interpretado en el sentido de exigir a una Parte que impida el uso continuado y similar de una determinada indicación geográfica de otra Parte en relación con productos o servicios, por alguno de sus nacionales o domiciliarios que hayan utilizado esa indicación geográfica de buena fe y de manera continua para esos mismos productos o servicios, u otros afines, en el territorio de esa Parte, antes de la fecha en que se ha aplicado la parte IV del Acuerdo UE-Centroamércica.

(Así reformado el inciso anterior por el aparte 13) sub aparte d) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019")

247

Adición de nuevas indicaciones geográficas 1. Las Partes acuerdan la posibilidad de añadir indicaciones geográficas adicionales para vinos, bebidas espirituosas, productos agrícolas y alimenticios para que sean protegidas sobre la base de las disposiciones y procedimientos establecidos en el presente título, según corresponda.

Dichas indicaciones geográficas, después de su examen con éxito por parte de la autoridad nacional, serán incluidas en el anexo XVIII (Indicaciones geográficas protegidas) de conformidad con las reglas y procedimientos pertinentes para el Consejo de Asociación.

(Así reformado el párrafo anterior por el aparte 13) sub aparte f) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") 2. La fecha de solicitud de protección será la fecha de la transmisión de la petición a la otra Parte para proteger una indicación geográfica, siempre que se cumplan los requisitos formales de tales solicitudes.

248

Relación entre indicaciones geográficas y marcas 1. La legislación de las Partes garantizará que la solicitud de registro de una marca que corresponda a cualquiera de las situaciones que figuran en el artículo 246 para productos similares36 sea rechazada cuando dicha solicitud de registro se presente después de la fecha de solicitud de registro de la indicación geográfica en el territorio de que se trate37.

36 A efectos del presente artículo, las Repúblicas de la Parte CA consideran que el término "producto similar" puede ser entendido como "idéntico o confusamente similar".

37 Para la Reino Unido(*), la fecha de solicitud de la protección será la fecha de entrada en vigor del presente Acuerdo para los nombres que figuren en el anexo XVII.

(Nota de Sinalevi: Mediante el aparte 13) sub aparte f) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó indicar que el pie de página anterior no se incorpora al Acuerdo anteriormente referido) (*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE") 2. Del mismo modo, las Partes podrán, de conformidad con su legislación nacional o regional, establecer las circunstancias para rechazar la protección de indicaciones geográficas, incluida la posibilidad de no conceder protección a una indicación geográfica cuando, a la luz de una marca notoriamente conocida o reputada, su protección pueda inducir a error a los consumidores sobre la verdadera identidad del producto.

3. Las Partes mantendrán los medios jurídicos para que cualquier persona natural o jurídica que ostente un interés legítimo pueda solicitar la cancelación o invalidación de una marca o una indicación geográfica fundamentando su solicitud.

249

Derecho al uso de las indicaciones geográficas Una vez que una indicación geográfica esté protegida en virtud del presente Acuerdo en una Parte diferente a la Parte de origen, el uso del nombre protegido no estará sujeto a ningún registro de usuarios de dicha Parte.

250

Solución de controversias Ninguna Parte tendrá recurso alguno para impugnar la decisión final de una autoridad competente nacional o regional en relación con el registro o protección de una indicación geográfica en virtud del título X (Solución de controversias) de la parte IV del presente Acuerdo. Cualquier reclamación contra la protección de una indicación geográfica será presentada ante las instancias judiciales disponibles establecidas de conformidad con la legislación nacional o regional de cada Parte.

DIBUJOS Y MODELOS INDUSTRIALES

SECCIÓN D

251

Acuerdos internacionales La Unión Europea y las Repúblicas de la Parte CA harán todos los esfuerzos razonables por adherirse al Arreglo de La Haya relativo al Registro Internacional de Dibujos y Modelos Industriales (Acta de Ginebra, 1999).

252

Requisitos de protección 1. Las Partes concederán protección a los dibujos o modelos industriales creados independientemente de que sean nuevos38 u originales.

38 Cuando la legislación de una Parte así lo establezca, puede también exigirse el carácter individual de dicho dibujo o modelo industrial.

2. Se considerará que un dibujo o modelo industrial es nuevo cuando difiere en medida significativa de dibujos o modelos conocidos o de combinaciones de características de dibujos o modelos conocidos.

3. Dicha protección se otorgará mediante el registro y conferirá derechos exclusivos a sus titulares de conformidad con lo dispuesto en el presente artículo. Cada Parte podrá prever que los dibujos o modelos industriales no registrados que hayan sido puestos a disposición del público confieran derechos exclusivos, pero únicamente si el uso impugnado resulta de haber copiado el dibujo o modelo protegido.

(Nota de Sinalevi: Mediante el aparte 13) sub aparte g) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se establece que para los fines del artículo 252, y para evitar dudas, en el Reino Unido un "dibujo o modelo industrial no registrado" es uno que está protegido por el Reglamento (CE) nº 6/2002 del Consejo, de 12 de diciembre de 2001, sobre los dibujos y modelos comunitarios.)

253

Excepciones 1. Las Partes podrán prever excepciones limitadas de la protección de los dibujos y modelos industriales, a condición de que tales excepciones no atenten de manera injustificable contra la explotación normal de los dibujos y modelos industriales protegidos ni causen un perjuicio injustificado a los legítimos intereses del titular del dibujo o modelo protegido, teniendo en cuenta los intereses legítimos de terceros.

2. La protección de los dibujos o modelos industriales no podrá extenderse a los dibujos o modelos dictados esencialmente por consideraciones técnicas o funcionales.

3. Un dibujo o modelo industrial no conferirá derechos cuando sea contrario al orden público o la moral.

254

Derechos conferidos 1. El titular de un dibujo o modelo industrial protegido tendrá derecho a impedir que terceros que no tengan su consentimiento fabriquen, vendan o importen artículos que ostenten o incorporen el dibujo o modelo protegido cuando dichos actos se realicen con fines comerciales.

2. Adicionalmente, las Partes garantizarán una protección efectiva de los dibujos y modelos industriales para prevenir actos que perjudiquen injustificadamente la explotación normal del dibujo o modelo o que no sean compatibles con prácticas de comercio leal, de forma consistente con las disposiciones del artículo 10 bis del Convenio de París.

255

Plazo de protección 1. La duración de la protección disponible en la Reino Unido(*) y en las Repúblicas de la Parte CA será de al menos diez años. Cada Parte podrá prever que el titular del derecho podrá hacer que se renueve el plazo de protección por uno o varios periodos de cinco años cada uno, hasta el plazo de protección máximo establecido en la legislación de cada Parte.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE") 2. Cuando una Parte prevea la protección para dibujos y modelos industriales no registrados, la duración de dicha protección será de al menos tres años.

256

Nulidad o denegación del registro 1. El registro de un dibujo o modelo industrial solo podrá ser denegado o declarado nulo por razones convincentes e importantes que, con sujeción a la legislación nacional de cada Parte, podrán comprender:

  • a)si el dibujo o modelo industrial no se ajusta a la definición del artículo 252, apartado 1; b) si, en virtud de una decisión judicial, el titular del dibujo o modelo industrial no tiene derecho sobre el mismo; c) si el dibujo o modelo industrial entra en conflicto con un dibujo o modelo anterior que ha sido puesto a disposición del público después de la fecha de presentación de la solicitud o, si se reivindica prioridad, la fecha de prioridad del dibujo o modelo, y que esté protegido desde una fecha anterior a la mencionada mediante un dibujo o modelo registrado o una solicitud de un dibujo o modelo; d) si se utiliza un signo distintivo en un dibujo o modelo industrial posterior y la legislación de la Parte pertinente por la que se rige dicho signo confiere, al titular del derecho del signo, el derecho a impedir tal uso; e) si el dibujo o modelo industrial constituye un uso no autorizado de una obra protegida por la legislación de derechos de autor de la Parte pertinente; f) si el dibujo o modelo industrial constituye un uso indebido de cualquiera de los objetos contemplados en el artículo 6 ter del Convenio de París, o de distintivos, emblemas y blasones distintos de los incluidos en dicho artículo 6 ter y que sean de interés público particular en una Parte; g) si la divulgación del dibujo o modelo industrial fuese contraria al orden público o a la moral.

2. Una Parte podrá establecer, como alternativa a la nulidad, que a un dibujo o modelo industrial sujeto a las causales establecidas en el apartado 1 puedan imponérsele limitaciones en su uso.

257

Relación con los derechos de autor Un dibujo o modelo industrial protegido mediante un derecho de dibujo o modelo industrial, registrado en una Parte de conformidad con la presente sección, también podrá ser elegible para la protección conferida por la legislación en materia de derechos de autor de esa Parte a partir de la fecha en que el dibujo o modelo hubiere sido creado o fijado sobre cualquier soporte.

PATENTES

SECCIÓN E

258

Acuerdos internacionales 1. Las Partes cumplirán el Tratado de Budapest sobre el Reconocimiento Internacional del Depósito de Microorganismos a los fines del Procedimiento en Materia de Patentes (1977, modificado en 1980).

2. La Unión Europea hará todos los esfuerzos razonables para cumplir el Tratado sobre el Derecho de Patentes (Ginebra, 2000), y las Repúblicas de la Parte CA harán los esfuerzos razonables para ratificar o acceder a dicho Tratado.

OBTENCIONES VEGETALES

SECCIÓN F

259

Obtenciones vegetales 1. Las Partes otorgarán protección a las obtenciones vegetales, ya sea mediante patentes, o mediante un sistema eficaz sui generis o mediante una combinación de aquellas y este.

2. Las Partes entienden que no existe ninguna contradicción entre la protección a las obtenciones vegetales y la capacidad de una Parte de proteger y conservar sus recursos genéticos.

3. Las Partes tendrán derecho a establecer excepciones a los derechos exclusivos concedidos a los fitomejoradores para permitir a los agricultores conservar, utilizar e intercambiar semillas o material de propagación protegidos.

OBSERVANCIA DE LOS DERECHOS DE PROPIEDAD INTELECTUAL

CAPÍTULO 3

260

Obligaciones generales 1. Las Partes reafirman sus derechos y compromisos adquiridos en virtud del Acuerdo sobre los ADPIC y, en particular, su parte III, y establecerán las siguientes medidas, procedimientos y recursos complementarios necesarios para garantizar la observancia de los derechos de propiedad intelectual.

Dichas medidas, procedimientos y recursos serán justos, proporcionados y equitativos, y no serán innecesariamente complejos o costosos, ni causarán la existencia de plazos irrazonables o retrasos innecesarios39.

39 A efectos de los artículos 260 a 272, la noción de "derechos de propiedad intelectual" cubrirá al menos los siguientes derechos: derechos de autor, incluidos los derechos de autor sobre programas de ordenador y bases de datos, y derechos conexos; los derechos relacionados con las patentes; las marcas; los dibujos y modelos industriales; los esquemas de trazado (topografías) de circuitos integrados; las indicaciones geográficas; las obtenciones vegetales; y los nombres comerciales, siempre que estén protegidos como derechos exclusivos en la legislación nacional pertinente.

2. Dichas medidas y recursos serán asimismo efectivos y disuasorios, y se aplicarán de tal modo que se evite la creación de obstáculos al comercio legítimo y se ofrezcan salvaguardias contra su abuso.

261

Solicitantes legitimados Las Partes reconocerán como personas legitimadas para solicitar la aplicación de las medidas, procedimientos y recursos mencionados en esta sección y en la parte III del Acuerdo sobre los ADPIC a:

  • a)los titulares de derechos de propiedad intelectual de conformidad con lo dispuesto en la legislación aplicable; y b) las federaciones y las asociaciones, así como los licenciatarios exclusivos y otros licenciatarios debidamente autorizados, en la medida en que lo permita la legislación aplicable y con arreglo a lo dispuesto en esta. El término "licenciatario" incluirá al licenciatario de uno o más de los derechos exclusivos de propiedad intelectual comprendidos en una determinada propiedad intelectual.
262

Pruebas Cuando un titular de un derecho presente las pruebas razonablemente disponibles para respaldar sus alegaciones de que su derecho de propiedad intelectual ha sido infringido a escala comercial y para sustanciar sus alegaciones especifique pruebas pertinentes que se encuentren bajo el control de la parte contraria, las Partes adoptarán las medidas que sean necesarias para permitir que las autoridades judiciales competentes puedan ordenar, a solicitud de parte, cuando proceda y si estuviera previsto por la legislación aplicable, que la parte contraria aporte dicha prueba, con sujeción a la protección de la información confidencial.

263

Medidas de protección de pruebas A solicitud de una de las partes que haya presentado pruebas razonablemente disponibles para respaldar sus alegaciones de que su derecho de propiedad intelectual ha sido o va a ser infringido, las autoridades judiciales estarán facultadas para dictar medidas provisionales rápidas y eficaces a fin de proteger las pruebas pertinentes con respecto a la supuesta infracción, respetando la protección de la información confidencial. Dichas medidas podrán incluir la descripción detallada, con o sin toma de muestras, o la incautación efectiva de las mercancías infractoras y, en los casos en que proceda, de los materiales e implementos utilizados en la producción y/o la distribución de dichas mercancías y de los documentos relacionados con las mismas. Estas medidas se podrán adoptar, en caso de ser necesario, sin que sea oída la otra parte, en particular cuando sea probable que el retraso vaya a ocasionar daños irreparables al titular del derecho o cuando exista un riesgo demostrable de que se destruyan pruebas.

264

Derecho a la información Las Partes podrán disponer que, salvo que resulte desproporcionado a la gravedad de la infracción, las autoridades judiciales puedan ordenar al infractor que informe al titular del derecho de la identidad de los terceros que hayan participado en la producción y distribución de los bienes o servicios infractores, y sobre sus circuitos de distribución.

265

Medidas provisionales y cautelares 1. Cada Parte deberá prever que sus autoridades judiciales tengan la facultad de dictar medidas provisionales y cautelares y llevarlas a cabo expeditamente para prevenir las infracciones inminentes de los derechos de propiedad intelectual o prohibir la continuación de infracciones alegadas. Dichas medidas podrán ser ordenadas a petición del titular del derecho, inaudita altera parte o después de oír al acusado, de acuerdo con las reglas del procedimiento judicial de cada Parte.

2. Cada Parte garantizará que sus autoridades judiciales estén facultadas para exigir al demandante que presente las pruebas razonablemente disponibles, con el fin de establecer a su satisfacción, con un grado suficiente de certidumbre, que el derecho del demandante está siendo infringido o que tal infracción es inminente, y para ordenar al demandante que aporte una garantía razonable o caución equivalente que sea suficiente para proteger al demandado y evitar abusos, así como para no disuadir de manera irrazonable el poder recurrir a dichos procedimientos.

266

Medidas correctivas 1. Cada Parte garantizará que:

  • a)sus autoridades judiciales estén facultadas para ordenar, a petición del solicitante, y sin perjuicio de los daños y perjuicios debidos al titular del derecho en razón de la infracción, la destrucción de las mercancías que se ha determinado que son pirateadas o falsificadas, u otra medida apropiada para eliminar definitivamente esas mercancías de los canales comerciales; b) sus autoridades judiciales estarán facultadas para ordenar, en casos apropiados, que los materiales e implementos principalmente utilizados en la fabricación o creación de dichas mercancías pirateadas o falsificadas sean destruidos sin compensación alguna o, en circunstancias excepcionales, dispuestos fuera de los canales comerciales de manera que se minimice el riesgo de infracciones futuras. Al considerar las solicitudes de dichas medidas correctivas, las autoridades judiciales de la Parte podrán tomar en consideración, entre otros, la gravedad de la infracción, así como el interés de terceras personas que sean titulares de derechos reales, de posesión o de un interés contractual o garantizado.

2. Cada Parte podrá establecer que la donación con fines de caridad de las mercancías de marcas falsificadas y mercancías infractoras de los derechos de autor y derechos conexos, si la legislación nacional lo permite, no será ordenada por las autoridades judiciales sin la autorización del titular del derecho o que dichas mercancías podrán ser donadas con fines de caridad solo en ciertas condiciones que podrán ser establecidas de conformidad con la legislación nacional. En ningún caso la simple retirada de la marca colocada ilegalmente bastará para que se permita el ingreso de la mercancía en los canales comerciales, excepto en los casos establecidos en la legislación nacional y otras obligaciones internacionales.

3. Al considerar las solicitudes de medidas correctivas, las Partes podrán otorgar a sus autoridades judiciales la facultad para que tomen en consideración, entre otros, la gravedad de la infracción, así como el interés de terceras personas, titulares de derechos reales, de posesión o de un interés contractual o garantizado.

4. Las autoridades judiciales ordenarán que estas medidas sean ejecutadas a expensas del infractor, salvo en circunstancias excepcionales.

5. De conformidad con la legislación nacional, las Partes podrán establecer otras medidas correctivas relacionadas con mercancías que se ha determinado que son pirateadas o falsificadas, así como con respecto a los materiales e implementos principalmente utilizados en la fabricación o creación de dichas mercancías.

267

Daños y perjuicios Las autoridades judiciales estarán facultadas para ordenar al infractor que pague al titular del derecho un resarcimiento adecuado para compensar el daño que este haya sufrido debido a una infracción de su derecho de propiedad intelectual, causada por un infractor que, sabiéndolo o teniendo motivos razonables para saberlo, haya desarrollado una actividad infractora. En los casos apropiados, las Partes podrán autorizar a las autoridades judiciales a ordenar la recuperación de los beneficios y/o el pago de daños y perjuicios preestablecidos, aun en caso de que el infractor no supiera o no tuviera motivos razonables para saberlo, haya desarrollado una actividad infractora.

268

Costas procesales Las Partes garantizarán que las costas procesales, razonables y proporcionales, y demás gastos en que haya podido incurrir la parte vencedora corran, como regla general, a cargo de la parte perdedora, salvo que no estuviera permitido por razones de equidad, de conformidad con la legislación nacional.

269

Publicación de las decisiones judiciales Las Partes podrán establecer que, en el ámbito de las acciones judiciales incoadas por infracción de un derecho de propiedad intelectual, las autoridades judiciales puedan ordenar, a instancia del solicitante y a expensas del infractor, medidas apropiadas para difundir la información relativa a la decisión, incluida la divulgación de la decisión y su publicación total o parcial. Las Partes podrán establecer otras medidas de publicidad adicionales que sean adecuadas a las circunstancias de cada caso, incluyendo anuncios destacados.

270

Presunción de titularidad A efectos de aplicación de las medidas, procedimientos y recursos previstos en el presente título, será suficiente para los titulares de derechos de autor o derechos conexos, con respecto a su material objeto de protección, que su nombre figure en la obra en la manera habitual para que sean considerados como tales y, por lo tanto, tendrán legitimación para incoar procedimientos de infracción, en ausencia de prueba en contrario.

271

Sanciones penales Las Partes establecerán procedimientos y sanciones penales al menos para los casos de falsificación dolosa de marcas o de piratería lesiva del derecho de autor a escala comercial. Los recursos disponibles comprenderán la pena de prisión y/o la imposición de sanciones pecuniarias suficientemente disuasorias que sean coherentes con el nivel de las sanciones aplicadas por delitos de una gravedad correspondiente. Cuando proceda, entre los recursos disponibles figurará también la incautación, el decomiso y la destrucción de las mercancías infractoras y de todos los materiales y accesorios utilizados predominantemente para la comisión del delito. Las Partes podrán prever la aplicación de procedimientos y sanciones penales en otros casos de infracción de derechos de propiedad intelectual, en particular cuando se cometa con dolo y a escala comercial.

272

Limitaciones de la responsabilidad de proveedores de servicios Las Partes acuerdan que mantendrán las limitaciones de la responsabilidad de los proveedores de servicios actualmente previstas en sus respectivas legislaciones, fundamentalmente:

  • a)para la Reino Unido(*): las previstas en la Directiva 2000/31/CE, sobre comercio electrónico; (*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE") b) para las Repúblicas de la Parte CA: las adoptadas a nivel nacional con el fin de cumplir sus obligaciones internacionales.

Una Parte podrá diferir la implementación de las disposiciones del presente artículo por un periodo que no exceda de tres años, a partir de la fecha de entrada en vigor del presente Acuerdo.

273

Medidas en frontera 1. Las Partes reconocen la importancia de la coordinación en materia de aduanas y, por tanto, se comprometen a promover la aplicación de la observancia en aduanas en relación con las mercancías de marca falsificadas y pirateadas, específicamente a través del intercambio de información y de la coordinación entre las administraciones de aduanas de las Partes.

2. A menos que se disponga de otra manera en el presente capítulo, las Partes adoptarán procedimientos que permitan al titular de un derecho, que tenga motivos válidos para sospechar de la importación, la exportación, la reexportación, la entrada o salida del territorio aduanero, la inclusión en un régimen suspensivo o la colocación en zona franca o depósito fiscal de mercancías que infringen marcas o derechos de autor, presentar a las autoridades competentes, administrativas o judiciales una solicitud por escrito para que las autoridades de aduanas suspendan el despacho de esas mercancías para su libre circulación o sean incautadas. Queda entendido que no existe obligación de aplicar estos procedimientos a las importaciones de mercancías puestas en el mercado en otro país por el titular del derecho o con su consentimiento.

3. Cualquiera de los derechos u obligaciones establecidos en la sección 4 del Acuerdo sobre los ADPIC relacionadas con el importador serán aplicables al exportador o al titular de las mercancías.

4. Cada Parte deberá establecer que sus autoridades competentes puedan iniciar medidas en frontera de oficio en los casos de importación, exportación y tránsito.

CAPÍTULO 4

DISPOSICIONES INSTITUCIONALES

274

Subcomité de Propiedad Intelectual 1. Las Partes establecen el Subcomité de Propiedad Intelectual, de conformidad con el artículo 348 y según se establece en el anexo XXI (Subcomités), con el fin de dar seguimiento a la implementación del artículo 231 y la sección C (Indicaciones geográficas) del capítulo 2 del presente título.

2. Las funciones del Subcomité incluyen:

  • a)recomendar al Comité de Asociación, para su aprobación por el Consejo de Asociación, la modificación de la lista de indicaciones geográficas del anexo XVIII (Indicaciones geográficas protegidas); b) intercambiar información sobre indicaciones geográficas para efectos de considerar su protección de conformidad con el presente Acuerdo, así como de indicaciones geográficas cuya protección cesa en su país de origen; c) promover la transferencia de tecnología de la Reino Unido(*) hacia las Repúblicas de la Parte CA; (*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE") d) definir los ámbitos prioritarios en los que se dirigirán iniciativas de transferencia de tecnología, investigación y desarrollo, y desarrollo de capital humano; e) mantener un inventario o registro de los programas, las actividades o las iniciativas en ejecución en el campo de la propiedad intelectual, en particular sobre transferencia de tecnología; f) realizar recomendaciones pertinentes al Comité de Asociación en relación a cuestiones de su competencia; y g) cualquier otra cuestión instruida por el Comité de Asociación.
275

Cooperación y asistencia técnica en materia de propiedad intelectual Las Partes acuerdan que es de su interés común promover la cooperación mutua e iniciativas de asistencia técnica en cuestiones relacionadas con el presente título. En este sentido, las Partes han identificado diversas actividades de cooperación, que se establecen en el artículo 55 del título VI (Desarrollo económico y comercial) de la parte III del presente Acuerdo.

276

1. Panamá podrá retrasar la implementación de las disposiciones de los artículos 233, letras c) y d); 234; 238, letra b); 240; 252, apartados 1 y 2; 255, apartado 2; 256; 258, apartado 1; 259; 266, apartado 4; y 271, por un periodo que no exceda de dos años, a partir de la fecha de entrada en vigor del presente Acuerdo.

2. Panamá se adherirá al Tratado de Cooperación de Patentes (Washington 1970, modificado en 2001) en un periodo que no exceda los dos años, a partir de la fecha de entrada en vigor del presente Acuerdo.

COMERCIO Y COMPETENCIA

Disposiciones finales

TÍTULO VII

277

Definiciones A efectos del presente título:

1. "Leyes de competencia" significa:

  • a)para la Reino Unido(*), los artículos 101, 102, y 106 del Tratado de Funcionamiento de la Unión Europea, el Reglamento (CE) nº 139/2004 del Consejo, sobre el control de las concentraciones entre empresas, y sus reglamentos de aplicación y modificaciones; (*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE") b) para la Parte CA, el Reglamento Centroamericano sobre Competencia (en lo sucesivo, "el Reglamento"), que se establecerá de conformidad con el artículo 25 del Protocolo al Tratado General de Integración Económica Centroamericana (Protocolo de Guatemala) y el artículo 21 del Convenio Marco para el Establecimiento de la Unión Aduanera Centroamericana (Guatemala, 2007); CENTR-AM/EU/es 333 c) hasta el momento en que se adopte el Reglamento de conformidad con el artículo 279, "leyes de competencia" significa las leyes nacionales de competencia que cada una de las Repúblicas de la Parte CA haya adoptado o mantenido de conformidad con el artículo 279; y d) cualquier modificación que pueda producirse en los instrumentos antes mencionados después de la entrada en vigor del presente Acuerdo.

2. "Autoridad de competencia" significa:

  • a)para la Parte del Reino Unido, la Competition and Markets Authority; (Así reformado el inciso anterior por el aparte 14 del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") b) para la Parte CA, el Órgano Centroamericano de Competencia, que la Parte CA establecerá y designará en su Reglamento de Competencia; y c) hasta el momento en que el Órgano Centroamericano de Competencia sea establecido y entre en funcionamiento de conformidad con el artículo 279, "autoridad de competencia" significa la autoridad nacional de competencia de cada una de las Repúblicas de la Parte CA.
278

Principios 1. Las Partes reconocen la importancia de una competencia libre y no distorsionada en sus relaciones comerciales. Las Partes reconocen que las prácticas anticompetitivas pueden afectar al funcionamiento adecuado de los mercados y los beneficios de la liberalización comercial.

2. Por lo tanto, las Partes acuerdan que lo siguiente es incompatible con el presente Acuerdo, en la medida en que pueda afectar al comercio entre las Partes:

  • a)los acuerdos entre empresas, las decisiones de asociaciones de empresas y las prácticas concertadas entre empresas, que tengan por objeto o efecto impedir, restringir o distorsionar la competencia40 tal como se especifica en sus respectivas leyes de competencia; 40 Para mayor certeza, el presente apartado no se interpretará como una limitación del alcance de los análisis que deben llevarse a cabo en los casos de aplicación de acuerdos entre empresas, decisiones de asociaciones de empresas y prácticas concertadas entre empresas, según lo establecido en las leyes nacionales de competencia de las Partes.
  • b)cualquier abuso, por una o más empresas, de una posición dominante o poder sustancial en el mercado o participación notable de mercado, tal como se especifica en sus respectivas leyes de competencia; y c) las concentraciones entre empresas que obstaculicen de forma significativa la competencia efectiva, tal como se especifica en sus respectivas leyes de competencia.
279

Implementación 1. Las Partes adoptarán o mantendrán en vigor leyes de competencia completas para abordar eficazmente las prácticas anticompetitivas referidas en el artículo 278, apartado 2, letras a) a c). Las Partes establecerán o mantendrán autoridades de competencia designadas y adecuadamente equipadas para la implementación transparente y efectiva de las leyes de competencia.

2. Si, a la entrada en vigor del presente Acuerdo, cualquiera de las Partes aún no ha adoptado leyes de competencia de conformidad con el artículo 277, apartado 1, letras a) o b), o no ha designado una autoridad de competencia de conformidad con el artículo 277, apartado 2, letras a) o b), deberá hacerlo en un periodo de siete años. Cuando haya finalizado dicho periodo de transición, los términos "leyes de competencia" y "autoridad de competencia" contemplados en el presente título se entenderán únicamente como los definidos en el artículo 277, apartado 1, letras a) y b), y apartado 2, letras a) y b).

3. Si, en el momento de la entrada en vigor del presente Acuerdo, una República de la Parte CA aún no ha adoptado leyes de competencia de conformidad con el artículo 277, apartado 1, letra c), ni ha designado una autoridad de competencia de conformidad con el artículo 277, apartado 2, letra c), deberá hacerlo dentro de un periodo de tres años.

4. Ninguna disposición del presente título prejuzgará las competencias asignadas por las Partes a sus respectivas autoridades regionales y nacionales para la implementación efectiva y coherente de sus leyes de competencia.

280

Empresas públicas o empresas titulares de derechos especiales o exclusivos, incluidos los monopolios designados 1. Ninguna disposición del presente título impedirá a una República de la Parte CA o a un Estado miembro de la Unión Europea designar o mantener empresas públicas, empresas titulares de derechos especiales o exclusivos o monopolios con arreglo a su legislación nacional.

2. Las entidades mencionadas en el apartado 1 estarán sujetas a las leyes de competencia en la medida en que la aplicación de tales leyes no obstruyan la realización, de hecho o de derecho, de las tareas particulares que les hayan sido asignadas por una República de la Parte CA o por un Estado miembro de la Unión Europea.

3. Las Partes se asegurarán de que, a partir de la entrada en vigor del presente Acuerdo, no se ejerza discriminación41, por parte de dichas entidades, respecto a las condiciones en las que se compran y venden bienes y servicios, ni entre las personas naturales o jurídicas de cualquiera de las Partes ni entre los bienes originarios de cualquiera de las Partes.

41 "Discriminación" significa una medida que no cumple con el trato nacional, según lo establecido en las disposiciones pertinentes del presente Acuerdo.

4. Ninguna disposición del presente título afectará los derechos y obligaciones de las Partes establecidos en virtud del título V (Contratación pública) de la parte IV del presente Acuerdo.

281

Intercambio de información no confidencial y cooperación en la aplicación 1. Con el fin de facilitar la aplicación efectiva de sus respectivas leyes de competencia, las autoridades de competencia podrán intercambiar información no confidencial.

2. La autoridad de competencia de una Parte podrá solicitar cooperación a la autoridad de competencia de la otra Parte con respecto a las actividades de aplicación. Dicha cooperación no impedirá a las Partes tomar decisiones de manera autónoma.

3. Ninguna Parte está obligada a comunicar información a la otra Parte. En caso que una Parte decida comunicar información, dicha Parte podrá retener la información si la comunicación de tal información está prohibida por las leyes y reglamentos de la Parte que posee la información o si dicha comunicación es incompatible con sus intereses. Una Parte podrá exigir que la información comunicada en virtud del presente artículo sea utilizada de conformidad con los términos y condiciones que esta especifique.

282

Cooperación y asistencia técnica Las Partes acuerdan que es de su interés común promover iniciativas de asistencia técnica relacionadas con la política de competencia y las actividades de aplicación de la ley. La presente cooperación se aborda en el artículo 52 del título VI (Desarrollo económico y comercial) de la parte III del presente Acuerdo.

283

Solución de controversias Las Partes no podrán recurrir al procedimiento de solución de controversias del título X (Solución de controversias) de la parte IV del presente Acuerdo para cuestiones que surjan en el marco del presente título.

COMERCIO Y DESARROLLO SOSTENIBLE

TÍTULO VIII

284

Contexto y objetivos 1. Las Partes recuerdan la Agenda 21 sobre Ambiente y Desarrollo de 1992, el Plan de Implementación de Desarrollo Sostenible de Johannesburgo de 2002, así como la Declaración Ministerial sobre Empleo Pleno y Productivo y Trabajo Decente para Todos de 2006 del Consejo Económico y Social de la Organización de las Naciones Unidas. Las Partes reafirman su compromiso de promover el desarrollo del comercio internacional como una forma de contribuir al objetivo del desarrollo sostenible y garantizar que este objetivo se integre y refleje en todos los niveles de su relación comercial. Con este fin, las Partes reconocen la importancia de tomar en consideración los mejores intereses económicos, sociales y medioambientales, no solo de sus respectivas poblaciones, sino también de las generaciones futuras.

2. Las Partes reafirman su compromiso de alcanzar el desarrollo sostenible, cuyos pilares - desarrollo económico, desarrollo social y protección medioambiental- son interdependientes y se refuerzan mutuamente. Las Partes resaltan el beneficio de considerar temas sociales y medioambientales relacionados con el comercio como parte de un enfoque global del comercio y el desarrollo sostenible.

3. Las Partes acuerdan que el presente título incorpora un enfoque cooperativo basado en valores e intereses comunes, tomando en consideración las diferencias en sus niveles de desarrollo, así como el respeto a sus necesidades y aspiraciones presentes y futuras.

4. Las Partes no podrán recurrir a los procedimientos de solución de controversias del título X (Solución de controversias) de la parte IV del presente Acuerdo, ni al mecanismo de mediación para medidas no arancelarias contemplado en el título XI (Mecanismo de mediación para medidas no arancelarias) de la parte IV del presente Acuerdo, para las cuestiones que surjan en relación con el presente título.

285

Derecho de regular y niveles de protección 1. Las Partes reafirman el respeto por sus respectivas Constituciones42 y por sus derechos allí establecidos para regular con el fin de establecer sus propias prioridades en materia de desarrollo sostenible, sus propios niveles internos de protección medioambiental y social, así como para adoptar o modificar consecuentemente su legislación y sus políticas pertinentes.

42 Para la Reino Unido(*), esto hace referencia a las Constituciones de los Estados Miembros de la Unión Europea, al Tratado de la Unión Europea, al Tratado de Funcionamiento de la Unión Europea y a la Carta de los Derechos Fundamentales de la Unión Europea.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE") 2. Cada Parte procurará garantizar que su legislación y políticas proporcionen y fomenten altos niveles de protección medioambiental y laboral, apropiados para sus condiciones sociales, medioambientales y económicas, y coherentes con los estándares reconocidos internacionalmente y con los acuerdos contemplados en los artículos 286 y 287 de los que son parte, y procurarán mejorar dicha legislación y políticas en la medida en que estas no sean aplicadas de manera que constituyan un medio de discriminación arbitrario o injustificado entre las Partes o una restricción encubierta al comercio internacional.

286

Estándares y acuerdos laborales multilaterales 1. Recordando la Declaración Ministerial sobre Empleo Pleno y Productivo y Trabajo Decente para Todos de 2006 del Consejo Económico y Social de la Organización de las Naciones Unidas, las Partes reconocen que el empleo pleno y productivo y el trabajo decente para todos, que comprende la protección social, los principios y derechos fundamentales en el trabajo y el diálogo social, son elementos clave del desarrollo sostenible para todos los países y, por consiguiente, un objetivo prioritario de la cooperación internacional. En este contexto, las Partes reafirman su voluntad de promover el desarrollo de políticas macroeconómicas que propicien la generación de empleo pleno y productivo y trabajo decente para todos, incluidos hombres, mujeres y jóvenes, con total respeto de los principios y derechos fundamentales en el trabajo, en condiciones de equidad, igualdad, seguridad y dignidad.

Las Partes, de conformidad con sus obligaciones como miembros de la OIT, reafirman sus compromisos de respetar, promover y desarrollar, de buena fe y de conformidad con la Constitución de la OIT, los principios relativos a los derechos fundamentales, que son objeto de los Convenios Fundamentales de la OIT, a saber:

  • a)la libertad de asociación y el reconocimiento efectivo del derecho de negociación colectiva; b) la eliminación de todas las formas de trabajo forzoso u obligatorio; c) la abolición efectiva del trabajo infantil; y d) la eliminación de la discriminación en materia de empleo y ocupación.

2. Las Partes reafirman su compromiso de implementar efectivamente, en su legislación y en la práctica, los Convenios fundamentales de la OIT contenidos en la Declaración de la OIT relativa a los Principios y Derechos Fundamentales en el Trabajo de 1998, que son los siguientes:

  • a)Convenio 138, sobre la Edad Mínima de Admisión al Empleo; b) Convenio 182, sobre la Prohibición de las Peores Formas de Trabajo Infantil y la Acción Inmediata para su Eliminación; c) Convenio 105, sobre la Abolición del Trabajo Forzoso; d) Convenio 29, sobre Trabajo Forzoso u Obligatorio; e) Convenio 100, sobre la Igualdad de Remuneración entre la Mano de Obra Masculina y la Mano de Obra Femenina por un Trabajo de Igual Valor; f) Convenio 111, sobre la Discriminación en Materia de Empleo y Ocupación; g) Convenio 87, sobre la Libertad Sindical y la Protección del Derecho de Sindicación; y h) Convenio 98, sobre la Aplicación de los Principios del Derecho de Sindicación y de Negociación Colectiva.

3. Las Partes intercambiarán información sobre su respectiva situación y avances en relación con la ratificación de otros Convenios de la OIT.

4. Las Partes subrayan que los estándares laborales nunca deben invocarse o utilizarse de otra forma con fines comerciales proteccionistas y que no debe cuestionarse la ventaja comparativa de ninguna Parte.

5. Las Partes se comprometen a consultarse y cooperar, según proceda, sobre cuestiones laborales de interés mutuo relacionadas con el comercio.

287

Estándares y acuerdos medioambientales multilaterales 1. Las Partes reconocen que la gobernanza y los acuerdos internacionales medioambientales son elementos importantes para abordar los problemas medioambientales globales o regionales, y subrayan la necesidad de mejorar el apoyo mutuo entre el comercio y el medio ambiente. Las Partes se comprometen a consultarse y cooperar, según sea apropiado, sobre cuestiones medioambientales de interés mutuo relacionadas con el comercio.

2. Las Partes reafirman su compromiso de implementar efectivamente en su legislación y en la práctica los acuerdos medioambientales multilaterales de los que son parte, incluidos:

  • a)el Protocolo de Montreal relativo a las Sustancias que Agotan la Capa de Ozono; b) el Convenio de Basilea sobre el Control de los Movimientos Transfronterizos de los Desechos Peligrosos y su Eliminación; c) el Convenio de Estocolmo sobre Contaminantes Orgánicos Persistentes; d) la Convención sobre el Comercio Internacional de Especies Amenazadas de Fauna y Flora Silvestres (en lo sucesivo, "CITES"); e) el Convenio sobre la Diversidad Biológica; f) el Protocolo de Cartagena sobre Seguridad de la Biotecnología del Convenio sobre la Diversidad Biológica; y g) el Protocolo de Kioto de la Convención Marco de las Naciones Unidas sobre el Cambio Climático43.

43 Para mayor certeza, la referencia a los acuerdos medioambientales multilaterales del artículo 287, apartado 2, abarcará los protocolos, enmiendas, anexos y modificaciones ratificados por las Partes.

3. Las Partes se comprometen a asegurarse de que habrán ratificado, para la fecha de entrada en vigor del presente Acuerdo, la Enmienda del artículo XXI de la CITES, adoptada en Gaborone (Botsuana) el 30 de abril de 1983.

4. Las Partes también se comprometen, en la medida que no lo hayan hecho, a ratificar e implementar efectivamente, a más tardar para la fecha de entrada en vigor del presente Acuerdo, el Convenio de Rotterdam sobre el Procedimiento de Consentimiento Fundamentado Previo Aplicable a ciertos Plaguicidas y Productos Químicos Peligrosos objeto de Comercio Internacional.

5. Ninguna disposición del presente Acuerdo se interpretará en el sentido de impedir la adopción o la aplicación por cualquier Parte de medidas para implementar los acuerdos a los que se refiere el presente artículo, siempre que tales medidas no se apliquen de manera que constituyan un medio de discriminación arbitraria o injustificable entre países en los que prevalezcan las mismas condiciones o una restricción encubierta al comercio internacional.

288

Comercio que favorezca el desarrollo sostenible 1. Las Partes reconfirman que el comercio debe promover el desarrollo sostenible en todas sus dimensiones. En el presente contexto, reconocen el valor de la cooperación internacional como apoyo a los esfuerzos para desarrollar esquemas y prácticas comerciales que favorezcan el desarrollo sostenible y acuerdan trabajar conjuntamente en el marco de los artículos 288, 289 y 290, con el objetivo de desarrollar enfoques colaborativos, según sea apropiado.

2. Las Partes procurarán:

  • a)considerar aquellas situaciones en las cuales la eliminación o reducción de obstáculos al comercio beneficiaría al comercio y al desarrollo sostenible, tomando en consideración, en particular, las interacciones entre las medidas medioambientales y el acceso a los mercados; b) facilitar y promover el comercio y la inversión extranjera directa en tecnologías y servicios medioambientales, energía renovable y productos y servicios de eficiencia energética, incluso abordando los obstáculos no arancelarios relacionados; c) facilitar y promover el comercio de productos que respondan a consideraciones de sostenibilidad, incluidos productos sujetos a esquemas tales como comercio justo y ético, etiquetado ecológico y producción orgánica, responsabilidad social de las empresas y rendición de cuentas; y d) facilitar y promover el desarrollo de prácticas y programas dirigidos a fomentar rendimientos económicos apropiados de la conservación y el uso sostenible del medio ambiente, tales como el ecoturismo.
289

Comercio de productos forestales Con el fin de promover la gestión sostenible de los recursos forestales, las Partes se comprometen a trabajar conjuntamente para mejorar la aplicación de la legislación forestal y la gobernanza, así como para promover el comercio lícito y sostenible de productos forestales, a través de instrumentos que pueden incluir, entre otras cosas: el uso efectivo de la CITES con respecto a especies maderables en peligro; esquemas de certificación de productos forestales extraídos de forma sostenible; y los acuerdos regionales o bilaterales de asociación voluntaria sobre aplicación de las leyes, gobernanza y comercio forestales (en lo sucesivo, "FLEGT").

290

Comercio de productos pesqueros 1. Las Partes reconocen la necesidad de promover la pesca sostenible a fin de contribuir a la conservación de las poblaciones de peces y al comercio sostenible de los recursos pesqueros.

2. Con este fin, las Partes se comprometen a:

  • a)adherirse a los principios del Acuerdo sobre la Aplicación de las Disposiciones de la Convención de las Naciones Unidas sobre el Derecho del Mar del 10 de diciembre de 1982, relativas a la Conservación y Ordenación de las Poblaciones de Peces Transzonales y las Poblaciones de Peces Altamente Migratorios, e implementarlos efectivamente, en relación con: el uso sostenible, la conservación y la gestión de las poblaciones de peces transzonales y las especies de peces altamente migratorias; la cooperación internacional entre Estados; el apoyo al asesoramiento y la investigación científica; la implementación de medidas de seguimiento, control e inspección efectivas; y los deberes del Estado de abanderamiento y del Estado rector del puerto, lo que incluye el cumplimiento y la aplicación; b) cooperar, incluso con las organizaciones regionales de ordenación pesquera pertinentes y dentro de dichas organizaciones, con el fin de prevenir la pesca ilegal, no declarada y no reglamentada ("INDNR"), incluso mediante la adopción de herramientas efectivas para implementar sistemas de control e inspección que aseguren el pleno cumplimiento de las medidas de conservación; c) intercambiar información científica e información comercial no confidencial, a fin de intercambiar para promover un enfoque sostenible de la pesca.

3. Las Partes acuerdan, en la medida que no lo hayan hecho, adoptar medidas del Estado rector del puerto de conformidad con el Acuerdo de la Organización de las Naciones Unidas para la Alimentación y la Agricultura sobre Medidas del Estado Rector del Puerto, Destinadas a Prevenir, Desalentar y Eliminar la Pesca Ilegal, No Declarada y No Reglamentada, implementar sistemas de control e inspección, así como incentivos y obligaciones para una gestión racional y sostenible de la pesca y los ecosistemas costeros a largo plazo.

291

Mantenimiento de los niveles de protección 1. Las Partes reconocen que es inapropiado promover el comercio o la inversión mediante la reducción de los niveles de protección contemplados en su legislación medioambiental y laboral interna.

2. Una Parte no dejará sin efecto ni derogará, ni ofrecerá dejar sin efecto o derogar, su legislación laboral y medioambiental de una manera que afecte el comercio o como un incentivo para el establecimiento, adquisición, expansión o retención de una inversión o de un inversionista en su territorio.

3. Una Parte no dejará de aplicar efectivamente su legislación laboral y medioambiental de una manera que afecte el comercio o la inversión entre las Partes.

4. Ninguna disposición del presente título se interpretará en el sentido de facultar a las autoridades de una Parte para realizar actividades orientadas a hacer cumplir la legislación en el territorio de la otra Parte.

292

Información científica Las Partes reconocen la importancia, al preparar e implementar medidas dirigidas a proteger el medio ambiente o la salud y la seguridad ocupacional, de tomar en consideración información científica y técnica, así como estándares, directrices o recomendaciones internacionales pertinentes, reconociendo al mismo tiempo que, cuando existan amenazas de daños graves o irreversibles, la ausencia de certeza científica absoluta no será utilizada como razón para posponer medidas de protección.

293

Revisión de sostenibilidad Las Partes se comprometen a revisar, hacer un seguimiento y evaluar conjuntamente la contribución al desarrollo sostenible de la parte IV del presente Acuerdo, incluyendo las actividades de cooperación en virtud del artículo 302.

294

Mecanismo institucional y de seguimiento 1. Cada Parte designará una oficina dentro de su administración que sirva como Punto de Contacto, con el propósito de implementar los aspectos del desarrollo sostenible relacionados con el comercio. A la entrada en vigor del presente Acuerdo, las Partes presentarán al Comité de Asociación la información de contacto completa de sus Puntos de Contacto.

2. Las Partes establecen una Junta de Comercio y Desarrollo Sostenible44, que estará compuesta por autoridades de alto nivel de las administraciones de cada Parte. Antes de cada reunión de la Junta, las Partes se informarán sobre la identidad y la información de contacto de sus respectivos representantes.

44 La Junta de Comercio y Desarrollo Sostenible informará sobre sus actividades al Comité de Asociación.

3. La Junta de Comercio y Desarrollo Sostenible se reunirá durante el primer año a partir de la fecha en que el presente Acuerdo entre en vigor, y posteriormente cuando sea necesario, para supervisar la implementación del presente título, incluidas las actividades de cooperación realizadas en virtud del título VI (Desarrollo económico y comercial) de la parte III del presente Acuerdo. Las decisiones y recomendaciones de la Junta serán adoptadas por acuerdo mutuo entre las Partes y serán puestas a disposición del público, a menos que la Junta decida otra cosa.

4. Cada Parte convocará grupos asesores sobre comercio y desarrollo sostenible nuevos o existentes45. Estos grupos se encargarán de dar sus puntos de vista y hacer recomendaciones sobre los aspectos del desarrollo sostenible relacionados con el comercio, y asesorar a las Partes sobre la mejor manera de alcanzar los objetivos del presente título.

45 En el ejercicio del derecho de las Partes de utilizar grupos asesores existentes para la implementación de las disposiciones del presente título, las Partes otorgarán a los órganos existentes la oportunidad de fortalecer y desarrollar sus actividades con las nuevas perspectivas y ámbitos de trabajo previstos por el presente título. Con este fin, las Partes podrán utilizar los grupos asesores nacionales existentes.

5. Los grupos asesores de las Partes estarán compuestos por organizaciones representativas e independientes, con una participación equilibrada de actores pertinentes económicos, sociales y medioambientales, que incluya, entre otras, organizaciones de empleadores y trabajadores, asociaciones empresariales, organizaciones no gubernamentales y autoridades públicas locales.

295

Foro de Diálogo de la Sociedad Civil 1. Las Partes acuerdan organizar y facilitar un Foro birregional de Diálogo de la Sociedad Civil para un diálogo abierto, con una representación equilibrada de los actores medioambientales, económicos y sociales. El Foro de Diálogo de la Sociedad Civil llevará a cabo un diálogo que abarque los aspectos del desarrollo sostenible de la relación comercial entre las Partes, así como la forma en que la cooperación puede contribuir a alcanzar los objetivos del presente título. El Foro de Diálogo de la Sociedad Civil se reunirá una vez al año, a menos que las Partes acuerden otra cosa46.

46 Para mayor certeza, el establecimiento de políticas y otras funciones típicas de gobierno no serán delegadas en el Foro de Diálogo de la Sociedad Civil.

2. Salvo que las Partes acuerden otra cosa, cada reunión de la Junta incluirá una sesión en la que sus miembros informarán al Foro de Diálogo de la Sociedad Civil sobre la implementación del presente título. A su vez, el Foro de Diálogo de la Sociedad Civil podrá expresar sus puntos de vista y opiniones con el fin de promover el diálogo sobre cómo alcanzar de la mejor manera los objetivos del presente título.

296

Consultas gubernamentales 1. Una Parte podrá solicitar consultas con la otra Parte respecto a cualquier asunto de interés mutuo que surja en el marco del presente título, mediante la entrega de una solicitud escrita al Punto de Contacto de la otra Parte. Con el fin de que la Parte que recibe la solicitud pueda responder, la solicitud contendrá información que sea suficientemente específica para presentar el asunto de manera clara y objetiva, identificando el problema en cuestión y proporcionando un breve resumen de sus alegaciones de conformidad con el presente título. Las consultas se iniciarán sin demora después de que una Parte presente una solicitud de consultas.

2. Las Partes consultantes realizarán todos los esfuerzos para alcanzar una solución mutuamente satisfactoria del asunto, tomando en consideración la información intercambiada entre las Partes consultantes y las oportunidades de cooperación sobre el asunto. Durante las consultas, se prestará especial atención a los problemas e intereses particulares de las Partes que sean países en desarrollo.

Las Partes consultantes tomarán en consideración las actividades de la OIT u otros órganos u organizaciones multilaterales medioambientales pertinentes de los que sean parte. Cuando corresponda, las Partes consultantes podrán, por mutuo acuerdo, buscar asesoramiento o asistencia de estas organizaciones u órganos, o de cualquier persona natural o jurídica que consideren apropiada con el fin de examinar plenamente el asunto en cuestión.

3. Si noventa días después de la solicitud de consultas, una Parte consultante considera que el asunto necesita mayor discusión, y a menos que las Partes consultantes acuerden otra cosa, el asunto será remitido a consideración de la Junta de Comercio y Desarrollo Sostenible mediante la entrega de una solicitud escrita a los Puntos de Contacto de las otras Partes. La Junta de Comercio y Desarrollo Sostenible se reunirá sin demora con el fin de ayudar a alcanzar una solución mutuamente satisfactoria. Si lo considera necesario, la Junta de Comercio y Desarrollo Sostenible podrá buscar la asistencia de expertos en la materia, con el objetivo de facilitar su análisis.

4. Cualquier solución del asunto alcanzada por las Partes consultantes se hará pública, salvo que la Junta de Comercio y Desarrollo Sostenible decida otra cosa.

297

Panel de Expertos 1. Salvo que las Partes consultantes decidan otra cosa, una Parte consultante podrá, sesenta días después de la remisión de un asunto a la Junta de Comercio y Desarrollo Sostenible o, si el asunto no es remitido a la Junta, noventa días después de la entrega de la solicitud de consultas de conformidad con el artículo 296, apartados 1 y 3, respectivamente, solicitar que se convoque un Panel de abordado a través de consultas gubernamentales. Las Partes en el proceso pueden presentar comunicaciones al Panel de Expertos.

2. A la entrada en vigor del presente Acuerdo, las Partes presentarán al Comité de Asociación, para su aprobación por el Consejo en su primera reunión, una lista de diecisiete personas, en la que figuren al menos cinco personas que no sean nacionales de ninguna de las Partes, con experiencia en Derecho medioambiental, comercio internacional o solución de controversias en el marco de acuerdos internacionales; y una lista de diecisiete personas, en la que figuren al menos cinco individuos que no sean nacionales de ninguna de las Partes, con experiencia en Derecho laboral, comercio internacional o solución de controversias en el marco de acuerdos internacionales. Los expertos que no sean nacionales de ninguna de las Partes podrán ejercer como Presidentes del Panel de Expertos. Los expertos deberán: i) ser independientes y no estar afiliados ni aceptar instrucciones de ninguna Parte u organización representada en el grupo asesor o grupos asesores; y ii) ser elegidos sobre la base de la objetividad, la confianza y el buen juicio.

3. Las Partes acordarán sustitutos para los expertos que ya no están disponibles para formar parte de dichos paneles y podrán acordar, de otra manera, modificar la lista en la forma y el momento en que lo consideren necesario.

298

Composición del Panel de Expertos 1. El Panel de 2. El Presidente no será nacional de ninguna de las Partes.

3. Cada Parte en el procedimiento escogerá un experto de la lista de expertos dentro de los treinta días siguientes a la recepción de la solicitud de establecimiento del Panel de otra Parte en el procedimiento escogerá de la lista de expertos un nacional de la Parte en el procedimiento que no haya escogido ningún experto. Los dos expertos seleccionados escogerán al Presidente, por acuerdo o por sorteo, de entre los expertos que no sean nacionales de ninguna de las Partes.

4. Las personas no podrán ejercer como expertos con respecto a un asunto en el que ellos, o una organización a la que estén afiliados, tenga un conflicto de intereses directo o indirecto. Tras ser seleccionado para ejercer como experto en un asunto determinado, cada experto debe revelar la existencia o el desarrollo de cualquier interés, relación o asunto que se suponga razonablemente que tal la independencia o imparcialidad de dicho experto.

5. Si cualquier Parte en el procedimiento cree que un experto infringe los requisitos establecidos en el apartado 4, las Partes en el procedimiento se consultarán sin demora y, si así lo acuerdan, se removerá al experto y se seleccionará un nuevo experto de conformidad con los procedimientos establecidos en el apartado 3 que fueron utilizados para escoger al experto que fue removido.

6. Salvo que las Partes en el procedimiento acuerden otra cosa de conformidad con el artículo 301, apartado 2, el Panel de Expertos se establecerá a más tardar sesenta días después de la solicitud de la Parte.

299

Reglas de procedimiento 1. El Panel de puedan presentar comunicaciones escritas e información pertinente.

2. El Panel de de conformidad con los principios en el título X (Solución de controversias) de la parte IV del presente Acuerdo.

3. El mandato del Panel de Expertos será:

"examinar si existe una falta de una Parte en cumplir con las obligaciones establecidas en virtud de los artículos 286, apartado 2; 287, apartados 2, 3 y 4; y 291 del presente título, y formular recomendaciones no vinculantes para solucionar el asunto; en caso de cuestiones relacionadas con la aplicación de la legislación, el mandato del Panel de Parte al implementar efectivamente sus obligaciones".

300

Informe inicial 1. El Panel de en el procedimiento como base para su informe. En el transcurso del procedimiento, las Partes tendrán oportunidad de formular observaciones sobre los documentos o la información que el Panel considere pertinente para su trabajo.

2. Dentro de los ciento veinte días siguientes a la fecha de establecimiento del Panel de Expertos, el Panel presentará a las Partes en el procedimiento un informe inicial incluyendo sus recomendaciones. Cuando el Panel considere que no puede presentar su informe en un plazo de ciento veinte días, comunicará por escrito a las Partes en el procedimiento las razones del retraso y una estimación del periodo dentro del cual presentará su informe.

3. Las recomendaciones del Panel tomarán en consideración la situación socioeconómica particular de las Partes.

4. Las Partes en el procedimiento podrán formular observaciones escritas al Panel sobre su informe inicial, dentro de los treinta días siguientes a su presentación.

5. Después de recibir cualesquiera observaciones escritas, el Panel, por iniciativa propia o a solicitud de cualquier Parte en el procedimiento, podrá:

  • a)cuando sea pertinente, solicitar las opiniones de las Partes en el procedimiento sobre las observaciones escritas; b) reconsiderar su informe; o c) realizar cualquier consideración adicional que considere apropiada.

El informe final del Panel incluirá una discusión sobre las alegaciones incorporadas en las observaciones escritas de las Partes.

301

Informe final 1. El Panel presentará a las Partes en el procedimiento y a la Junta de Comercio y Desarrollo Sostenible un informe final a más tardar ciento ochenta días después de la fecha en la que se estableció el Panel. Las Partes harán público el informe final dentro de los quince días siguientes a su presentación.

2. Las Partes en el procedimiento podrán decidir, por mutuo acuerdo, ampliar los plazos establecidos en el apartado 1, así como los de los artículos 298, apartado 6, y 300, apartado 4.

3. Las Partes en el procedimiento, tomando en consideración el informe y las recomendaciones del Panel de Expertos, procurarán discutir las medidas que deban ser implementadas incluyendo, cuando sea apropiado, la posible cooperación para apoyar la implementación de tales medidas. La Parte a la que se dirigen las recomendaciones informará a la Junta de Comercio y Desarrollo Sostenible sobre sus intenciones relacionadas con el informe y las recomendaciones del Panel de Expertos incluso, según sea apropiado, mediante la presentación de un plan de acción. La Junta de Comercio y Desarrollo Sostenible hará un seguimiento de la implementación de las acciones que la Parte haya determinado.

302

Cooperación y asistencia técnica sobre comercio y desarrollo sostenible Las medidas de cooperación y asistencia técnica relacionadas con el presente título se establecen en el título VI (Desarrollo económico y comercial) de la parte III del presente Acuerdo.

INTEGRACIÓN ECONÓMICA REGIONAL

TÍTULO IX

303

1. Las Partes resaltan la importancia de la dimensión región a región y reconocen la importancia de la integración económica regional en el contexto del presente Acuerdo. Por consiguiente, reafirman su voluntad de fortalecer y profundizar sus respectivos procesos de integración económica regional, dentro de los marcos aplicables.

2. Las Partes reconocen que la integración económica regional en materia de procedimientos aduaneros, reglamentos técnicos y medidas sanitarias y fitosanitarias es esencial para la libre circulación de mercancías en Centroamérica y la Reino Unido(*) (*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE") 3. Por lo tanto, y teniendo en cuenta el diferente nivel de desarrollo de sus respectivos procesos de integración económica regional, las Partes acuerdan las siguientes disposiciones.

Disposiciones generales

304

Procedimientos aduaneros 1. En materia de aduanas, a más tardar dos años después de la entrada en vigor del presente Acuerdo, la autoridad aduanera de la República de la Parte CA de primer entrada otorgará el reembolso del arancel pagado cuando tales mercancías sean exportadas hacia otra República de la Parte CA. Tales mercancías estarán sujetas a los aranceles aduaneros de la República de la Parte CA de importación.

2. Las Partes procurarán poner en marcha un mecanismo que garantice que las mercancías originarias de Centroamérica o de la Unión Europea de conformidad con el anexo II (Relativo a la definición del concepto de "productos originarios" y métodos de cooperación administrativa) del presente Acuerdo que ingresen en su respectivo territorio y hayan sido despachadas en la aduana de importación no puedan estar sujetas a aranceles aduaneros o cargas que tengan un efecto equivalente ni a restricciones cuantitativas o medidas que tengan un efecto equivalente.

3. Las Partes acuerdan que sus respectivas legislaciones y procedimientos aduaneros preverán la utilización de un documento único administrativo o su equivalente electrónico en la Reino Unido(*) y en la Parte CA, respectivamente, a fin de establecer las declaraciones aduaneras de importación y en vigor del presente Acuerdo.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE") 4. Las Partes también garantizarán que la legislación aduanera, los procedimientos y requisitos aduaneros relacionados con la importación aplicables a las mercancías originarias de Centroamérica o de la Unión Europea estén armonizados a nivel regional. La Parte CA se compromete a lograr el presente objetivo a más tardar cinco años después de la entrada en vigor del presente Acuerdo.

305

Obstáculos técnicos al comercio 1. En materia de reglamentos técnicos y procedimientos de evaluación de la conformidad:

(Nota de Sinalevi: Mediante el aparte 15) sub aparte a) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó indicar que el párrafo anteriorl no se incorpora al Acuerdo anteriormente referido) a) las Partes acuerdan que los Estados miembros de la Unión Europea garantizarán que los productos originarios de Centroamérica que han sido colocados legalmente en el mercado de un Estado miembro de la Unión Europea también pueden ser comercializados en los demás Estados miembros de la Unión Europea, siempre que el producto ofrezca un nivel equivalente de protección de los diversos intereses legítimos involucrados (principio de reconocimiento mutuo); b) al respecto, los Estados miembros de la Unión Europea aceptarán, siempre que el producto ofrezca un nivel equivalente de protección de los diversos intereses legítimos involucrados, que un producto que ha cumplido los procedimientos de evaluación de la conformidad exigidos por un Estado miembro de la Unión Europea pueda ser colocado en el mercado de los demás Estados miembros de la Unión Europea sin tener que someterse a un procedimiento de evaluación de la conformidad adicional.

2. Cuando existan requisitos de importación regionales armonizados, los productos originarios de la Unión Europea tendrán que cumplir los requisitos regionales a fin de ser comercializados legalmente en la República de la Parte CA de primera importación. De conformidad con el presente Acuerdo, cuando un producto esté cubierto por legislación armonizada y deba realizarse un registro, el registro efectuado en una de las Repúblicas de la Parte CA debe ser aceptado por todas las demás Repúblicas de la Parte CA una vez que se hayan cumplido los procedimientos internos.

3. Adicionalmente, cuando se requiera el registro, las Repúblicas de la Parte CA aceptarán que los productos deberían ser registrados por grupos o familias de productos.

4. La Parte CA acuerda adoptar, dentro de los cinco años siguientes a la entrada en vigor del presente Acuerdo, los reglamentos técnicos y procedimientos de evaluación de la conformidad regionales actualmente en preparación y enumerados en el anexo XX (Lista de reglamentos técnicos centroamericanos (RTCA) en proceso de armonización) del presente Acuerdo, y continuar el trabajo para armonizar los reglamentos técnicos y procedimientos de evaluación de la conformidad, así como promover la elaboración de normas regionales.

5. Para productos aún no armonizados en la Parte CA y no incluidos en el anexo XX, el Comité de Asociación establecerá un programa de trabajo para estudiar la posibilidad de incluir productos adicionales en el futuro.

306

Medidas sanitarias y fitosanitarias 1. El objetivo del presente artículo es:

  • a)promover condiciones que permitan que las mercancías sujetas a medidas sanitarias y fitosanitarias se muevan libremente en Centroamérica y la Reino Unido(*); (*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE") b) promover la armonización y mejora de los requisitos y procedimientos sanitarios y fitosanitarios en la Parte CA y la Reino Unido, inclusive para lograr la utilización de un único certificado de importación, una única lista de establecimientos, una única inspección sanitaria de importación y una única tarifa para los productos importados de la Reino Unido a la Parte CA; (*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE") c) tratar de garantizar el reconocimiento mutuo de las verificaciones llevadas a cabo por las Repúblicas de la Parte CA en cualquier Estado miembro de la Unión Europea.

2. La Reino Unido(*) garantizará que, a partir de la fecha de entrada en vigor del presente Acuerdo, los animales, los productos animales, los vegetales y los productos vegetales, legalmente comercializados puedan moverse libremente dentro del territorio de la Reino Unido(*) sin inspecciones en las fronteras internas, siempre que cumplan los requisitos sanitarios y fitosanitarios pertinentes.

(Nota de Sinalevi: Mediante el aparte 15) sub aparte b) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó indicar que el párrafo anterior no se incorpora al Acuerdo anteriormente referido) (*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE") 3. La Parte CA se asegurará de que, a partir de la fecha de entrada en vigor del presente Acuerdo, los animales, los productos animales, los vegetales y los productos vegetales, se beneficien de la facilitación de tránsito regional en los territorios de la Parte CA, de conformidad con la Resolución nº 219-2007 (COMIECO-XLVII) y posteriores instrumentos relacionados. A efectos del presente título, en el caso de importaciones procedentes de la Reino Unido(*), la facilitación del tránsito regional significa que las mercancías de Reino Unido(*) pueden entrar a través de cualquier puesto de inspección fronterizo de la Parte CA y pueden transitar por la región de una República de la Parte CA a otra, siempre que cumplan los requisitos sanitarios y fitosanitarios de la Parte de destino final, donde podrá realizarse una inspección sanitaria o fitosanitaria.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE") 4. Siempre que cumplan los requisitos sanitarios y fitosanitarios pertinentes y de conformidad con los mecanismos existentes en el proceso de integración regional de Centroamérica, la Parte CA se compromete a conceder a los animales, los productos animales, los vegetales y los productos vegetales que figuran en el anexo XIX (Lista de productos a los que hace referencia el artículo 306, apartado 4), el siguiente trato: cuando se importan en el territorio de una República de la Parte CA, las autoridades competentes revisarán los certificados emitidos por la autoridad competente de la Reino Unido(*) y podrán realizar una inspección sanitaria o fitosanitaria; una vez realizado el despacho, un producto incluido en el anexo XIX solo podrá estar sujeto a una inspección sanitaria o fitosanitaria aleatoria en el punto de entrada de la República de la Parte CA de destino final.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE") Para los productos incluidos en la lista 1 del anexo XIX, la obligación anterior se aplicará a más tardar dos años después de la entrada en vigor del presente Acuerdo.

Para los productos incluidos en la lista 2 del anexo XIX, la obligación anterior se aplicará a más tardar cinco años después de la entrada en vigor del presente Acuerdo.

5. Sin perjuicio de los derechos y las obligaciones de las Partes (la Reino Unido(*) o las Repúblicas de la Parte CA) en virtud del Acuerdo sobre la OMC y los procedimientos y requisitos sanitarios y fitosanitarios establecidos por cada Parte, una Parte importadora no debe estar obligada a conceder un trato más favorable a los productos importados desde la Parte exportadora que el brindado por la Parte exportadora en su comercio intrarregional.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE") 6. El Consejo de Asociación podrá modificar el anexo XIX (Lista de productos a los que hace referencia el artículo 306, apartado 4), siguiendo las recomendaciones del Subcomité de Asuntos Sanitarios y Fitosanitarios al Comité de Asociación, de acuerdo con el procedimiento establecido en el título XIII (Tareas específicas en cuestiones comerciales de los órganos establecidos en virtud del presente Acuerdo) de la parte IV del presente Acuerdo.

7. El Subcomité mencionado en el apartado 6 seguirá de cerca la implementación del presente artículo.

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Implementación 1. Las Partes reconocen la importancia de incrementar la cooperación para alcanzar los objetivos del presente título y abordar la cuestión a través de los mecanismos previstos en el título VI (Desarrollo económico y comercial) de la parte III del presente Acuerdo.

2. Las Partes se comprometen a consultarse sobre las cuestiones relativas al presente título, con miras a garantizar la implementación efectiva de la dimensión región a región del presente Acuerdo y los objetivos de la integración económica regional.

3. El progreso de la Parte CA en la implementación del presente título estará sujeto a informes periódicos de progreso y a programas de trabajo por parte de la Parte CA que abarcan los artículos 304, 305 y 306. Los informes de progreso y los programas de trabajo se presentarán por escrito y describirán todos los pasos adoptados para la implementación de las obligaciones y los objetivos definidos en el artículo 304, apartados 1, 3 y 4, el artículo 305, apartados 2, 3 y 4, y el artículo 306, apartados 3 y 4, así como los pasos previstos para el periodo anterior al próximo informe de progreso. Los informes de progreso y los programas de trabajo se presentarán cada año hasta que se cumplan efectivamente los compromisos especificados en el presente apartado.

4. Las Partes considerarán la inclusión de otros ámbitos en el presente título cinco años después de la entrada en vigor del presente Acuerdo.

5. Los compromisos de integración regional asumidos por la Parte CA en virtud del presente título no están sujetos a los procedimientos de solución de controversias del título X (Solución de controversias) de la parte IV del presente Acuerdo.

SOLUCIÓN DE CONTROVERSIAS

OBJETIVO Y ÁMBITO DE APLICACIÓN

TÍTULO X

CAPÍTULO 1

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Objetivo El objetivo del presente título es evitar y resolver cualquier controversia entre las Partes relativa a la interpretación o aplicación de la parte IV del Acuerdo y que las Partes, cuando sea posible, alcancen una solución mutuamente satisfactoria.

309

Ámbito de aplicación 1. Las disposiciones del presente título se aplicarán a cualquier controversia relativa a la interpretación o aplicación de la parte IV del Acuerdo, salvo que se disponga expresamente de otro modo.

2. El presente título no se aplicará a las controversias entre las Repúblicas de la Parte CA.

CONSULTAS

CAPÍTULO 2

310

Consultas 1. Las Partes procurarán resolver cualquier controversia relativa a la interpretación o aplicación de las disposiciones indicadas en el artículo 309 a través de la participación de buena fe en consultas, a fin de alcanzar una solución mutuamente satisfactoria.

2. Cualquier Parte del presente Acuerdo podrá solicitar la realización de consultas por medio de una solicitud escrita a la otra Parte, con copia al Comité de Asociación, indicando las razones de su solicitud, el fundamento jurídico de la reclamación e identificando cualquier medida vigente o en proyecto en cuestión.

3. Cuando la Parte requirente sea la Reino Unido(*), y la infracción alegada de cualquier disposición identificada de conformidad con el apartado 2 sea similar en todos los aspectos jurídicos y fácticos pertinentes en relación con más de una República de la Parte CA, la Reino Unido(*) podrá solicitar una sola consulta que abarque a dichas Repúblicas de la Parte CA47.

47 Por ejemplo, cuando una disposición de la parte IV del Acuerdo establezca, para todas las Repúblicas de la Parte CA, la obligación de cumplir un requisito específico en una fecha estipulada, el incumplimiento de más de una de las Repúblicas de la Parte CA sería un asunto que entraría en el ámbito de aplicación del presente apartado.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE") 4. Cuando la Parte requirente sea una República de la Parte CA y la infracción alegada de cualquier disposición identificada de conformidad con el apartado 2 afecte de manera adversa a comercio48 de más de una República de la Parte CA, las Repúblicas de la Parte CA podrán solicitar una sola consulta o bien solicitar unirse a las consultas dentro de los cinco días siguientes a la fecha de entrega de la solicitud inicial de consultas. La República de la Parte CA interesada deberá incluir en su notificación una explicación de su interés comercial sustancial en el asunto.

48 Por ejemplo, cuando se implemente una prohibición a la importación de un producto y dicha prohibición se aplique a exportaciones de ese producto desde más de una de las Repúblicas de la Parte CA, esto sería un asunto que entraría en el ámbito de aplicación del presente apartado.

5. Las consultas se celebrarán dentro de los treinta días siguientes a la fecha de presentación de la solicitud y se realizarán, a menos que las Partes acuerden otra cosa, en el territorio de la Parte requerida. Las consultas se tendrán por concluidas dentro de los treinta días siguientes a la fecha de presentación de la solicitud, a menos que ambas Partes acuerden continuar las consultas. Cuando, de conformidad con los apartados 3 y 4, más de una República de la Parte CA esté involucrada en las consultas, estas se considerarán concluidas dentro de los cuarenta días siguientes a la fecha de presentación de la solicitud inicial. Deberá mantenerse la confidencialidad de toda la información revelada durante las consultas.

6. En los casos de urgencia, en particular los referidos a productos perecederos o estacionales, las consultas se celebrarán dentro de los quince días siguientes a la fecha de presentación de la solicitud, y se considerarán concluidas dentro de los quince días siguientes a la fecha de presentación de la solicitud. Cuando, de conformidad con los apartados 3 y 4, más de una República de la Parte CA esté involucrada en las consultas, estas se considerarán concluidas dentro de los veinte días siguientes a la fecha de presentación de la solicitud inicial.

7. Si la Parte requerida no responde a la solicitud de consultas dentro de los diez días siguientes a la recepción de la solicitud, si las consultas no se celebran dentro de los plazos establecidos en los apartados 5 o 6 respectivamente o si las consultas han sido concluidas y no se ha resuelto la controversia, la Parte requirente podrá solicitar el establecimiento de un Grupo Especial de conformidad con el artículo 311.

8. Si han transcurrido más de doce meses de inactividad desde la fecha de las últimas consultas y persiste la base de la controversia, la Parte requirente deberá solicitar nuevas consultas. El presente apartado no se aplicará cuando la inactividad sea resultado de intentos de buena fe para alcanzar una solución mutuamente satisfactoria de conformidad con el artículo 324.

PROCEDIMIENTOS DE SOLUCIÓN DE CONTROVERSIAS

PROCEDIMIENTO ANTE EL GRUPO ESPECIAL

CAPÍTULO 3

SECCIÓN A

311

Inicio del procedimiento ante el Grupo Especial 1. Cuando las Partes consultantes no hayan resuelto la controversia de conformidad con las disposiciones indicadas en el artículo 310, cualquier Parte requirente podrá solicitar el establecimiento de un Grupo Especial para considerar el asunto.

2. La solicitud de establecimiento de un Grupo Especial deberá realizarse por escrito y entregarse a la Parte requerida, con copia al Comité de Asociación. La Parte requirente deberá identificar en su solicitud la medida específica en cuestión, indicar el fundamento jurídico de su reclamación y explicar la forma en que dicha medida constituye una infracción de las disposiciones indicadas en el artículo 309.

3. Cualquier Parte que tenga derecho, en virtud del apartado 1, a solicitar el establecimiento de un Grupo Especial podrá unirse a los procedimientos ante el Grupo Especial como Parte requirente, por medio de una notificación escrita dirigida a las demás Partes contendientes. La notificación deberá ser enviada a más tardar cinco días después de la fecha de presentación de la solicitud inicial de establecimiento de un Grupo Especial.

4. No se podrá solicitar el establecimiento de un Grupo Especial para revisar una medida en proyecto.

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Establecimiento del Grupo Especial 1. El Grupo Especial estará compuesto por tres panelistas.

2. Dentro de los diez días siguientes a la fecha de presentación de la solicitud de establecimiento de un Grupo Especial, las Partes contendientes deberán celebrar consultas a fin de lograr un acuerdo sobre la composición del Grupo Especial49.

49 Cuando una Parte contendiente esté formada por dos o más Repúblicas de la Parte CA, estas actuarán conjuntamente en el procedimiento establecido en el artículo 312.

3. En caso de que las Partes contendientes no logren acordar la composición del Grupo Especial dentro del plazo establecido en el apartado 2, cada Parte contendiente tendrá derecho a escoger un panelista, que no ejercerá como Presidente, de entre los individuos de la lista establecida en el artículo 325, dentro de los tres días siguientes al vencimiento del plazo establecido en el apartado 2. El Presidente del Comité de Asociación, o la persona en quien este delegue, escogerá por sorteo al Presidente, así como a cualquier panelista que falte, de entre los individuos pertinentes de la lista establecida de conformidad con el artículo 325.

4. El Presidente del Comité de Asociación, o la persona en quien este delegue, deberá realizar el sorteo dentro de los cinco días siguientes a la recepción de una solicitud que al efecto haga una o ambas Partes contendientes. El sorteo se llevará a cabo en un momento y lugar que debe ser comunicado sin demora a las Partes contendientes. Estas podrán, si así lo desean, estar presentes durante el sorteo.

5. Las Partes contendientes podrán escoger, de común acuerdo y dentro del plazo establecido en el apartado 2, personas que no figuren en la lista de panelistas, pero que cumplan los requisitos establecidos en el artículo 325.

6. La fecha de establecimiento del Grupo Especial será la fecha en que todos los panelistas hayan notificado la aceptación de su selección.

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Decisión del Grupo Especial 1. El Grupo Especial deberá notificar su decisión sobre el asunto de la controversia a las Partes contendientes, con copia al Comité de Asociación, dentro de los ciento veinte días siguientes a la fecha de establecimiento del Grupo Especial.

2. Cuando el Grupo Especial considere que no puede cumplirse el plazo a que se refiere el apartado 1, el Presidente del Grupo Especial deberá, sin demora, notificarlo por escrito a las Partes contendientes, con copia al Comité de Asociación, indicando los motivos de la demora y la fecha en la que el Grupo Especial estima concluir su trabajo. A menos que concurran circunstancias excepcionales, la decisión se notificará a más tardar ciento cincuenta días a partir de la fecha de establecimiento del Grupo Especial.

3. En los casos de urgencia, en particular los relativos a productos perecederos o estacionales, el Grupo Especial hará todo lo posible por notificar su decisión dentro de los sesenta días siguientes a la fecha de su establecimiento. A menos que concurran circunstancias excepcionales, la decisión se notificará a más tardar setenta y cinco días después de la fecha de establecimiento del Grupo Especial. El Grupo Especial, dentro de los diez días siguientes a su establecimiento, a solicitud de una Parte contendiente, podrá emitir una decisión preliminar sobre si considera que el caso es urgente.

CUMPLIMIENTO

SECCIÓN B

314

Cumplimiento de la decisión del Grupo Especial 1. Cuando sea pertinente, la Parte requerida adoptará, sin demora, cualquier medida necesaria para cumplir de buena fe la decisión del Grupo Especial sobre el asunto de la controversia, y las Partes contendientes procurarán acordar el plazo de cumplimiento.

2. A efectos de cumplimiento, las Partes contendientes y, en cualquier caso, el Grupo Especial, deberán tomar en consideración los posibles efectos de la medida que se determine que no es compatible con el presente Acuerdo sobre el nivel de desarrollo de la Parte requerida.

3. En caso que no se produzca el cumplimiento completo y oportuno de la decisión del Grupo Especial, podrán aplicarse la compensación o la suspensión de obligaciones como medidas temporales. En este caso, las Partes contendientes procurarán acordar una compensación en lugar de aplicar la suspensión de obligaciones. No obstante, ni la compensación ni la suspensión de obligaciones es preferible a la implementación oportuna y completa de la decisión del Grupo Especial.

4. Cuando una decisión del Grupo Especial se aplique a más de una República de la Parte CA actuando como la Parte requirente o como Parte requerida, cualquier compensación o suspensión de obligaciones de conformidad con el presente título deberá ser aplicada individualmente a cada República de la Parte CA, para lo cual la decisión del Grupo Especial deberá determinar individualmente el nivel de anulación o menoscabo causado por la infracción en cada una de las Repúblicas de la Parte CA.

315

Plazo prudencial para el cumplimiento 1. La Parte requerida deberá notificar a la Parte requirente sin demora el plazo prudencial de cumplimento que necesita, así como las medidas específicas que pretende adoptar, cuando esto sea posible.

2. Las Partes contendientes procurarán acordar el plazo prudencial necesario de cumplimento de la decisión dentro de los treinta días siguientes a la notificación de la decisión del Grupo Especial a las Partes contendientes. Cuando se alcance dicho acuerdo, las Partes contendientes deberán notificar al Comité de Asociación el plazo prudencial acordado y, cuando sea posible, las medidas específicas que pretende adoptar la Parte requerida.

3. Si existe un desacuerdo entre las Partes sobre el plazo prudencial de cumplimento de la decisión del Grupo Especial dentro del plazo establecido en el apartado 2, la Parte requirente podrá solicitar al Grupo Especial original que determine la duración del plazo prudencial. Dicha solicitud deberá hacerse por escrito y notificarse de manera simultánea a la otra Parte contendiente y al Comité de Asociación. El Grupo Especial deberá notificar su decisión a las Partes contendientes y al Comité de Asociación dentro de los veinte días siguientes a la fecha de presentación de la solicitud. En caso de que una decisión del Grupo Especial se aplique a más de una República de la Parte CA, el Grupo Especial deberá determinar el plazo prudencial para cada República de la Parte CA.

4. En caso de que el Grupo Especial original o alguno de sus miembros no pueda volverse a reunir, se aplicarán los procedimientos pertinentes establecidos en el artículo 312. El plazo máximo para notificar la decisión será de treinta y cinco días a partir de la fecha de presentación de la solicitud contemplada en el apartado 3.

5. La Parte requerida deberá comunicar al Comité de Asociación las medidas adoptadas y las medidas que se adoptarán para cumplir la decisión del Grupo Especial. Dicho informe deberá ser por escrito y realizarse a más tardar a la mitad del plazo prudencial.

6. El plazo prudencial puede ser ampliado por mutuo acuerdo entre las Partes contendientes. Todos los plazos que figuran en el presente artículo constituyen parte del plazo prudencial.

316

Revisión de cualquier medida adoptada para cumplir la decisión del Grupo Especial 1. Antes del vencimiento del plazo prudencial, la Parte requerida notificará a la Parte requirente, con copia al Comité de Asociación, cualquier medida que haya adoptado para cumplir la decisión del Grupo Especial y facilitará detalles como la fecha de su entrada en vigor, el texto pertinente de esa medida y una explicación fáctica y jurídica de cómo la medida adoptada para cumplir pone en conformidad a la Parte requerida.

2. En caso de desacuerdo entre las Partes contendientes, en relación con la existencia o compatibilidad de cualquier medida notificada de conformidad con el apartado 1 con las disposiciones indicadas en el artículo 309, la Parte requirente podrá solicitar por escrito que el Grupo Especial original decida sobre el asunto. Dicha solicitud deberá identificar la medida específica en cuestión y explicar la forma en la que dicha medida es incompatible con las disposiciones indicadas en el artículo 309. El Grupo Especial deberá notificar su decisión dentro de los cuarenta y cinco días siguientes a la fecha de presentación de la solicitud. En caso de que una decisión del Grupo Especial se aplique a más de una República de la Parte CA, el Grupo Especial deberá, cuando sea necesario dadas las circunstancias, emitir su decisión de conformidad con el presente artículo para cada República de la Parte CA.

3. En caso de que el Grupo Especial original o alguno de sus miembros no puedan volverse a reunir, se aplicarán los procedimientos pertinentes establecidos en el artículo 312. El plazo para notificar la decisión será de sesenta días a partir de la fecha de presentación de la solicitud contemplada en el apartado 2.

317

Remedios temporales en caso de incumplimiento 1. Si cualquier Parte requerida no notifica cualquier medida adoptada para cumplir la decisión del Grupo Especial antes del vencimiento del plazo razonable de conformidad con el artículo 316, o si el Grupo Especial decide que la medida notificada de conformidad con el artículo 316, apartado 1, es incompatible con las obligaciones de esa Parte en virtud de las disposiciones que figuran en el artículo 309, la Parte requerida deberá, si así lo solicita la Parte requirente, presentar una oferta de compensación. En caso de que una decisión del Grupo Especial se aplique a más de una República de la Parte CA, cada una de las Repúblicas de la Parte CA deberá presentar una oferta de compensación, o recibir una oferta de compensación, según sea el caso, tomando en consideración el nivel de anulación o menoscabo determinado de conformidad con el artículo 314, apartado 4, así como cualquier medida notificada con arreglo al artículo 316, apartado 1. La Reino Unido(*) procurará ejercer la debida moderación cuando solicite compensación de acuerdo con el presente apartado.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE") 2. Si no se llega a un acuerdo sobre la compensación dentro de los treinta días siguientes al vencimiento del plazo razonable o de la notificación de la decisión del Grupo Especial de conformidad con el artículo 316 en el sentido de que la medida adoptada para cumplir es incompatible con las disposiciones del artículo 309, cualquier Parte requirente estará facultada, previa notificación a la Parte requerida con copia al Comité de Asociación, a suspender las obligaciones derivadas de cualquier disposición a la que se refiera el artículo 309, en un nivel equivalente a la anulación o menoscabo causado por la infracción. La notificación deberá indicar las obligaciones que se proponen suspender. La Parte requirente podrá aplicar la suspensión diez días después de la fecha de la notificación, salvo que la Parte requerida haya solicitado una decisión por parte de un Grupo Especial de conformidad con el apartado 3. En caso de que una decisión del Grupo Especial se aplique a más de una República de la Parte CA, la suspensión de obligaciones será aplicada individualmente a cada una de las Repúblicas de la Parte CA que no haya cumplido, o por cada República de la Parte CA, según sea el caso, tomando en consideración el nivel individual de anulación y menoscabo determinado de conformidad con el artículo 314, apartado 4, así como cualquier medida notificada con arreglo al artículo 316, apartado 1.

3. Si cualquier Parte requerida considera que el nivel de suspensión no es equivalente a la anulación o menoscabo causado por la infracción, podrá solicitar por escrito que el Grupo Especial original decida sobre el asunto. Dicha solicitud se notificará a la Parte requirente con copia al Comité de Asociación, antes del vencimiento del plazo de diez días que figura en el apartado 2. El Grupo Especial notificará su decisión sobre el nivel de la suspensión de obligaciones a las Partes contendientes con copia al Comité de Asociación dentro de los treinta días siguientes a la fecha de presentación de la solicitud. No se suspenderán las obligaciones hasta que el Grupo Especial haya notificado su decisión, y cualquier suspensión deberá ser compatible con la decisión del Grupo Especial.

4. En caso de que el Grupo Especial original o alguno de sus miembros no puedan volverse a reunir, se aplicarán los procedimientos establecidos en el artículo 312. El plazo para notificar la decisión será de cuarenta y cinco días a partir de la fecha de presentación de la solicitud a la que se refiere el apartado 3.

5. Cuando se suspendan obligaciones de conformidad con lo establecido en el apartado 1, la Reino Unido(*) procurará ejercer la debida moderación, tomando en consideración, entre otros factores, el probable impacto sobre la economía y el nivel de desarrollo de la Parte requerida, y optar por medidas dirigidas a conseguir el cumplimiento por parte de la Parte requerida que tengan menos probabilidades de afectar negativamente a la consecución de los objetivos del presente Acuerdo.

6. La suspensión de obligaciones será temporal y solo se aplicará hasta que cualquier medida determinada incompatible con las disposiciones indicadas en el artículo 309 haya sido puesta en total conformidad con esas disposiciones, según lo establecido en el artículo 318, o hasta que las Partes contendientes hayan acordado resolver la controversia.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE")

318

Revisión de cualquier medida adoptada para cumplir después de la suspensión de obligaciones 1. La Parte requerida notificará a la Parte requirente, con copia al Comité de Asociación, cualquier medida que haya adoptado para cumplir la decisión del Grupo Especial, así como su solicitud de dar por terminada la suspensión de obligaciones aplicada por la Parte requirente.

2. Si las Partes contendientes no alcanzan un acuerdo sobre la compatibilidad de la medida notificada con las disposiciones indicadas en el artículo 309 dentro de los treinta días siguientes a la fecha de presentación de la notificación contemplada en el apartado 1, la Parte requirente podrá solicitar por escrito que el Grupo Especial original decida sobre el asunto. Dicha solicitud se notificará a la Parte requerida con copia al Comité de Asociación. En caso de que una decisión del Grupo Especial se aplique a más de una República de la Parte CA, el Grupo Especial deberá emitir su decisión de conformidad con el presente artículo para cada una de las Repúblicas de la Parte CA. La decisión del Grupo Especial se notificará a las Partes contendientes con copia al Comité de Asociación dentro de los cuarenta y cinco días siguientes a la fecha de presentación de la solicitud. Si el Grupo Especial decide que cualquier medida adoptada para cumplir es compatible con las disposiciones del artículo 309, la suspensión de obligaciones deberá darse por terminada.

3. En caso de que el Grupo Especial original o alguno de sus miembros no puedan volverse a reunir, se aplicarán los procedimientos establecidos en el artículo 312. El plazo para notificar la decisión será de sesenta días a partir de la fecha de presentación de la solicitud a la que se refiere el apartado 2.

SECCIÓN C

DISPOSICIONES COMUNES

319

Reglas de Procedimiento 1. Salvo que las Partes contendientes acuerden otra cosa, los procedimientos de solución de controversias que figuran en el presente título se regirán por las Reglas de Procedimiento adoptadas por el Consejo de Asociación.

2. Sin perjuicio de la protección de la información confidencial, cualquier audiencia del Grupo Especial será abierta al público de acuerdo con las Reglas de Procedimiento.

3. A menos que las Partes contendientes acuerden otra cosa, dentro de los cinco días siguientes al establecimiento del Grupo Especial, el mandato del mismo será: "examinar, a la luz de las disposiciones pertinentes de la parte IV del presente Acuerdo, el asunto al que se hace referencia en la solicitud de establecimiento del Grupo Especial, para decidir sobre la compatibilidad de la medida en cuestión con las disposiciones indicadas en el artículo 309 del título X (Solución de controversias) y emitir una decisión sobre el asunto de la controversia de conformidad con el artículo 313 del título X (Solución de controversias)".

4. Cuando las Partes contendientes hayan acordado un mandato diferente, estas deberán notificarlo al Grupo Especial dentro de los dos días siguientes a su acuerdo.

5. Si una Parte contendiente considera que un panelista ha infringido el Código de Conducta o no cumple los requisitos establecidos en el artículo 325, puede solicitar su destitución de conformidad con las Reglas de Procedimiento.

320

Información y asistencia técnica 1. A solicitud de una Parte contendiente, o por su propia iniciativa, el Grupo Especial podrá obtener información de cualquier Parte que considere apropiada para el procedimiento del Grupo Especial.

2. El Grupo Especial también podrá recabar, cuando sea pertinente, información y opiniones de y opiniones, el Grupo Especial informará a las Partes contendientes y les brindará la oportunidad de formular observaciones al respecto. Cualquier información obtenida de conformidad con el presente apartado debe ser revelada de manera oportuna a cada una de las Partes contendientes y se les enviará para que formulen sus observaciones. Dichos comentarios se transmitirán al Grupo Especial y a la otra Parte.

321

Amicus curiae Las personas naturales o jurídicas, con un interés en el asunto de la controversia, residentes o establecidas en los territorios de las Partes contendientes, están autorizadas a presentar escritos amicus curiae para la posible consideración del Grupo Especial, de conformidad con las Reglas de Procedimiento.

322

Reglas y principios de interpretación 1. Todo Grupo Especial interpretará las disposiciones indicadas en el artículo 309 de conformidad con las normas consuetudinarias de interpretación del Derecho internacional público, teniendo debidamente en cuenta que las Partes deben aplicar el presente Acuerdo de buena fe y evitar la elusión de sus obligaciones.

2. Cuando una disposición de la parte IV del presente Acuerdo sea idéntica a una disposición de un Acuerdo de la OMC, el Grupo Especial adoptará una interpretación compatible con cualquier interpretación pertinente establecida en las decisiones del Órgano de Solución de Diferencias de la OMC.

3. Las decisiones del Grupo Especial no pueden ampliar o disminuir los derechos y las obligaciones que figuran en las disposiciones indicadas en el artículo 309.

323

1. El Grupo Especial realizará todos los esfuerzos para tomar cualquier decisión por consenso.

No obstante, cuando no pueda alcanzarse una decisión por consenso, el asunto en cuestión se decidirá por mayoría de votos. Sin embargo, en ningún caso se publicarán las opiniones disidentes de los panelistas.

2. Cualquier decisión del Grupo Especial será definitiva y vinculante para las Partes, y no creará ningún derecho u obligación para las personas naturales o jurídicas.

3. La decisión deberá establecer las conclusiones fácticas y jurídicas del Grupo Especial, la aplicabilidad de las disposiciones pertinentes del Acuerdo y la fundamentación básica de sus constataciones y conclusiones. La decisión también deberá incluir una referencia a cualquier solicitud de determinación realizada por cualquiera o ambas Partes contendientes, incluidas las que figuran en el mandato del Grupo Especial. Las Partes contendientes deberán hacer público el informe del Grupo Especial. Las disposiciones del presente apartado no se aplican a las decisiones organizativas.

4. El Grupo Especial no podrá divulgar información confidencial en su informe, pero podrá enunciar conclusiones derivadas de esa información.

Disposiciones comunes relacionadas con las decisiones del Grupo Especial

CAPÍTULO 4

DISPOSICIONES GENERALES

324

Solución mutuamente satisfactoria Las Partes contendientes podrán alcanzar una solución mutuamente satisfactoria de una controversia, de conformidad con lo establecido en el presente título, en cualquier momento. Deberán notificar al Comité de Asociación cualquier solución de este tipo. El procedimiento finalizará con la notificación de la solución mutuamente satisfactoria.

325

Lista de panelistas 1. A más tardar seis meses50 después de la entrada en vigor del Acuerdo, el Consejo de Asociación deberá establecer una lista de treinta y seis individuos que estén dispuestos y puedan ejercer como panelistas. La Reino Unido(*) propondrá doce individuos para ejercer como panelistas y cada República de la Parte CA propondrá dos individuos. La Reino Unido(*) y las Repúblicas de la Parte CA también deberán escoger doce personas que no sean nacionales de ninguna de las Partes, para ejercer como Presidente del Grupo Especial. El Consejo de Asociación podrá revisar la lista en cualquier momento y deberá asegurarse de que la lista siempre se mantenga en este nivel de conformidad con las disposiciones del presente apartado.

50 A partir de la entrada en vigor del presente Acuerdo:

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE") a) las Partes enviarán al Consejo de Asociación sus listas de candidatos dentro de los setenta y cinco días siguientes; b) el Consejo de Asociación aprobará o rechazará los candidatos en las listas dentro de los ciento veinte días siguientes; c) las Partes enviarán una lista de candidatos adicionales para sustituir a los candidatos rechazados dentro de los ciento cincuenta días siguientes; d) la lista de candidatos estará finalizada dentro de los ciento ochenta días siguientes.

2. Los panelistas deberán tener conocimientos especializados o experiencia en Derecho, comercio internacional u otras materias relacionadas con la parte IV del presente Acuerdo o en la resolución de controversias derivadas de acuerdos comerciales internacionales, ser independientes, actuar a título individual y no estar vinculados ni recibir instrucciones de ninguna Parte u organización, así como cumplir el Código de Conducta adoptado por el Consejo de Asociación.

3. El Consejo de Asociación podrá establecer listas adicionales de hasta quince individuos con Cuando se recurra al procedimiento de selección establecido en el artículo 312, el Presidente del Comité de Asociación podrá utilizar una lista sectorial si existe acuerdo entre las Partes.

326

Relación con las obligaciones de la OMC 1. Si una Parte contendiente desea reparar la infracción de una obligación bajo el Entendimiento Relativo a las Normas y Procedimientos por los que se Rige la Solución de Diferencias de la OMC (en lo sucesivo, el "ESD de la OMC"), recurrirá a las reglas y procedimientos pertinentes del Acuerdo sobre la OMC.

2. Si una Parte contendiente desea reparar la infracción de una obligación derivada de la parte IV del presente Acuerdo, recurrirá a las reglas y procedimientos pertinentes del presente título.

3. Si una Parte contendiente desea reparar la infracción de una obligación derivada de la parte IV del presente Acuerdo que a su vez implique una infracción de los Acuerdos de la OMC, la Parte podrá recurrir al foro que elija.

4. Las Partes contendientes evitarán plantear controversias idénticas en foros distintos cuando se basen en las mismas medidas y los mismos alegatos jurídicos.

5. En caso que se trate de controversias que no sean idénticas, relacionadas con la misma medida, las Partes se abstendrán de iniciar procedimientos de solución de controversias concurrentes.

6. Cuando una Parte contendiente haya iniciado procedimientos de solución de controversias en virtud del ESD de la OMC o del presente título y subsiguientemente busque la reparación de la infracción de una obligación en un segundo foro, sobre la base de una controversia idéntica a la establecida previamente en el otro foro, dicha Parte no podrá establecer la segunda controversia. A efectos del presente título, el término "idéntico" significa una controversia basada en los mismos alegatos jurídicos y las mismas medidas impugnadas. Una controversia no se considerará idéntica cuando, por razones procedimentales o jurisdiccionales, el foro inicialmente seleccionado no haya realizado constataciones sobre el alegato que se le presentó.

7. A efectos del apartado anterior, un procedimiento de solución de controversias se considerará iniciado en virtud del ESD de la OMC cuando se haya establecido el Grupo Especial de conformidad con el artículo 6 del ESD de la OMC, y en virtud del presente título, cuando una Parte haya solicitado el establecimiento de un Grupo Especial de acuerdo con el artículo 311, apartado 1. Los procedimientos de solución de controversias en virtud del ESD de la OMC concluyen cuando el Órgano de Solución de Diferencias adopta el informe del Grupo Especial o el informe del Órgano de Apelación, de acuerdo con los artículos 16 y 17, apartado 14, del ESD de la OMC. Los procedimientos de solución de controversias en virtud del presente título concluyen cuando el Grupo Especial notifique su decisión sobre el asunto de la controversia a las Partes y al Comité de Asociación de acuerdo con el artículo 313, apartado 1.

8. Cualquier cuestión sobre la jurisdicción de los Grupos Especiales establecidos de conformidad con el presente título deberá ser planteada dentro de un plazo de diez días a partir del establecimiento del Grupo Especial y ser resuelta a través de una decisión preliminar dentro de los treinta días siguientes al establecimiento del Grupo Especial. Una vez presentada una objeción sobre la competencia de un Grupo Especial de conformidad con el presente artículo, deben suspenderse todos los plazos establecidos en el presente título y en las Reglas de Procedimiento, hasta la notificación de la decisión preliminar del Grupo Especial.

9. Ninguna disposición del presente título impedirá a una Parte contendiente aplicar la suspensión de obligaciones autorizada por el Órgano de Solución de Diferencias de la OMC. No se invocará el Acuerdo sobre la OMC para evitar que una Parte contendiente suspenda obligaciones en virtud del presente título.

327

Plazos 1. Todos los plazos establecidos en el presente título y en las Reglas de Procedimiento, incluidos los plazos para que los Grupos Especiales notifiquen sus decisiones, se contarán en días calendario, siendo el primer día el siguiente al acto o hecho al que hace referencia.

2. Cualquier plazo citado en el presente título o en las Reglas de Procedimiento podrá modificarse por mutuo acuerdo de las Partes contendientes.

3. El Grupo Especial, a solicitud de la Parte requirente y con el acuerdo de la Parte requerida, podrá suspender su trabajo en cualquier momento, por un periodo no superior a doce meses. En este caso, los plazos se prolongarán durante el tiempo en que esté suspendido el procedimiento. Si el procedimiento ante el Grupo Especial se hubiere suspendido por más de doce meses, el mandato del Grupo Especial la Parte requirente de solicitar consultas y subsiguientemente solicitar el establecimiento de un Grupo Especial sobre el mismo asunto en una etapa posterior. El presente apartado no se aplicará cuando la suspensión sea el resultado de intentos de buena fe de llegar a una solución mutuamente satisfactoria de conformidad con el artículo 324.

328

Adopción y modificación de las Reglas de Procedimiento y el Código de Conducta 1. El Consejo de Asociación adoptará las Reglas de Procedimiento y el Código de Conducta en su primera sesión.

2. El Consejo de Asociación podrá modificar las Reglas de Procedimiento y el Código de Conducta.

MECANISMO DE MEDIACIÓN PARA MEDIDAS NO ARANCELARIAS

ÁMBITO DE APLICACIÓN

TÍTULO XI

CAPÍTULO 1

329

Ámbito de aplicación 1. El mecanismo de mediación se aplicará a las medidas no arancelarias que afecten negativamente al comercio entre las Partes cubierto por la parte IV del presente Acuerdo.

2. El mecanismo de mediación no se aplicará a ninguna medida u otro asunto que surja en virtud de:

  • a)el título VIII, sobre comercio y desarrollo sostenible; b) el título IX, sobre integración económica regional; c) los procesos de integración de la Reino Unido(*) y de las Repúblicas de la Parte CA; (*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE") d) cuestiones en las que haya sido excluido el mecanismo de solución de controversias; y e) las disposiciones de carácter institucional del presente Acuerdo.

3. El presente título se aplicará bilateralmente entre la Reino Unido(*) por un lado, y cada una de las Repúblicas de la Parte CA, por el otro.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE") 4. El procedimiento de mediación será confidencial.

PROCEDIMIENTO DEL MECANISMO DE MEDIACIÓN

CAPÍTULO 2

330

Inicio del procedimiento 1. Una Parte podrá, en cualquier momento, solicitar por escrito que la otra Parte participe en el procedimiento de mediación. La solicitud deberá incluir una descripción del asunto suficiente para presentar claramente la medida en cuestión y sus efectos comerciales.

2. La Parte a la que se dirija la solicitud deberá considerar favorablemente la solicitud y presentar una respuesta escrita dentro de los diez días siguientes a la fecha de recepción de la solicitud.

3. Antes de la selección del mediador de conformidad con el artículo 331, las Partes del procedimiento se esforzarán de buena fe por alcanzar un acuerdo mediante negociaciones directas, para lo cual contarán con un plazo de veinte días.

331

Elección del mediador 1. Se anima a las Partes del procedimiento a llegar a un acuerdo sobre el mediador en un plazo no superior a quince días después del vencimiento del plazo contemplado en el artículo 330, apartado 3, o antes si una Parte notifica a la otra que un acuerdo no es factible sin la ayuda de un mediador.

2. Si las Partes del procedimiento no llegan a un acuerdo sobre el mediador dentro del plazo establecido, cualquier Parte podrá solicitar la designación del mediador por sorteo. Dentro de los cinco días siguientes a la presentación de esa solicitud, cada Parte establecerá una lista de al menos tres personas que no sean nacionales de esa Parte, cumplan las condiciones del apartado 4 y puedan ejercer como mediador. Dentro de los cinco días siguientes a la presentación de la lista, cada Parte escogerá al menos un nombre de la lista de la otra Parte. El presidente del Comité de Asociación, o el delegado del Presidente, escogerá al mediador por sorteo entre los nombres seleccionados. La designación por sorteo deberá realizarse dentro de los quince días siguientes a la presentación de la solicitud de designación por sorteo, en una fecha y un lugar que debe ser comunicado prontamente a las Partes. Las Partes podrán, si así lo desean, estar presentes al momento de la selección por sorteo.

3. Si una Parte del procedimiento no establece la lista o no selecciona un nombre de la lista de la otra Parte, el Presidente, o el delegado del Presidente, deberá escoger al mediador por sorteo de la lista de la Parte que cumplió los requisitos del apartado 2.

4. El mediador debe ser un experto en la materia con la que se relaciona la medida en cuestión51. El mediador deberá ayudar a las Partes del procedimiento, de manera imparcial y transparente, a brindar claridad a la medida y sus posibles efectos en el comercio, así como a llegar a una solución mutuamente acordada.

51 Por ejemplo, en los casos relacionados con normas y requisitos técnicos, el mediador deberá tener experiencia en los organismos de normalización internacionales pertinentes.

5. Cuando una Parte del procedimiento considere que el mediador ha infringido el Código de Conducta, podrá solicitar su destitución y deberá escogerse un nuevo mediador de conformidad con los apartados 1 a 4.

332

Reglas del procedimiento de mediación 1. Las Partes participarán de buena fe en el procedimiento de mediación y harán lo posible para alcanzar una solución mutuamente satisfactoria.

2. Dentro de los quince días siguientes al nombramiento del mediador, la Parte que inició el procedimiento de mediación deberá presentar al mediador, así como a la otra Parte del procedimiento, una descripción detallada del problema por escrito, en particular sobre el funcionamiento de la medida en cuestión y sus efectos comerciales. Dentro de los diez días siguientes a la fecha de recepción de dicha comunicación, la otra Parte podrá formular por escrito sus observaciones sobre la descripción del problema. Cualquier Parte podrá incluir en su descripción u observaciones cualquier información que considere pertinente.

3. El mediador podrá decidir la manera más apropiada para conducir el procedimiento, en particular si debe consultarse a las Partes del procedimiento, conjunta o individualmente, y cuándo y cómo hacerlo. El mediador también podrá valorar cuando determinada información no ha sido puesta a disposición por las Partes, o cuando dicha información no se encuentra en posesión de las Partes, si las circunstancias exigen la asistencia o consulta con expertos pertinentes, agencias gubernamentales u otras personas naturales o jurídicas con conocimientos especializados en la materia. Cuando la asistencia o consulta de expertos pertinentes, agencias gubernamentales u otras personas naturales o jurídicas con conocimientos especializados en la materia involucre información confidencial según se define en el artículo 336 del presente título, dicha información únicamente puede ponerse a disposición después de informar a las Partes del procedimiento y con la condición expresa de que dicha información se trate en todo momento como información confidencial.

4. Una vez recopilada la información necesaria, el mediador podrá ofrecer una valoración del asunto y de la medida en cuestión, así como proponer a las Partes del procedimiento una solución para su consideración. Dicha valoración no versará sobre la compatibilidad de la medida en cuestión con el Acuerdo.

5. El procedimiento tendrá lugar en el territorio de la Parte a la cual se le presentó la solicitud o en cualquier otro lugar o por cualquier otro medio mutuamente acordado.

6. Para el cumplimiento de sus funciones, el mediador podrá utilizar cualquier medio de comunicación, incluidos, entre otros, el teléfono, la transmisión vía facsímil, los enlaces web o la videoconferencia.

7. El procedimiento deberá completarse, normalmente, dentro de los sesenta días siguientes a la fecha de designación del mediador. En cualquier fase, las Partes del procedimiento podrán poner fin al procedimiento por mutuo acuerdo.

IMPLEMENTACIÓN

CAPÍTULO 3

333

Implementación de una solución mutuamente acordada 1. Cuando las Partes del procedimiento hayan acordado una solución a los obstáculos comerciales causados por la medida objeto del procedimiento, cada Parte deberá adoptar las medidas necesarias para implementar sin demora dicha solución.

2. La Parte responsable de la implementación informará regularmente por escrito a la otra Parte, así como al Comité de Asociación, de cualesquiera gestiones o medidas adoptadas para implementar la solución mutuamente acordada. Esta obligación dejará de existir una vez que la solución mutuamente acordada se haya implementado completa y adecuadamente.

CAPÍTULO 4

DISPOSICIONES GENERALES

334

Relación con el título X sobre solución de controversias 1. El procedimiento en el presente mecanismo de mediación es independiente del título X (Solución de controversias) de la parte IV del presente Acuerdo y no pretende servir como base para procedimientos de solución de controversias en virtud de dicho título o de cualquier otro acuerdo. Una solicitud de mediación y los eventuales procedimientos en virtud del mecanismo de mediación no excluirán el recurso al título X.

2. El mecanismo de mediación se entenderá sin perjuicio de los derechos y obligaciones de las Partes en virtud del título X.

335

Plazos Cualquier plazo establecido en el presente título podrá ser modificado por mutuo acuerdo de las Partes del procedimiento.

336

Confidencialidad de la información 1. Cualquier Parte del procedimiento que presente documentación o comunicaciones como parte del procedimiento de mediación podrá designar como confidencial dicha documentación o comunicaciones, o cualquier parte de las mismas.

2. Cuando la documentación o comunicaciones, o cualquiera de sus partes, hayan sido designadas confidenciales por una Parte, la otra Parte y el mediador deberán devolver o destruir dichos documentos en un plazo no superior a quince días tras concluir el procedimiento de mediación.

3. De la misma manera, cuando la documentación o comunicaciones, o cualquiera de sus partes, que hayan sido designadas como confidenciales, hayan sido puestas a disposición de jurídicas con conocimientos especializados relacionados con el asunto, dicha documentación o comunicaciones deberán ser devueltas o destruidas en un plazo no superior a quince días tras la conclusión de la asistencia o las consultas de los mediadores.

337

Costos 1. Todos los costos del proceso de mediación serán sufragados por las Partes a partes iguales. Por "costos" se entenderán la remuneración del mediador, su transporte, alojamiento y gastos de alimentación, así como todos los costos administrativos generales del procedimiento de mediación, de conformidad con la liquidación de gastos que presente el mediador.

2. El mediador mantendrá un registro completo y detallado de todos los gastos pertinentes en que se haya incurrido y presentará una liquidación de sus gastos a las Partes del procedimiento, junto con los documentos que los justifiquen.

3. El Consejo de Asociación establecerá todos los gastos elegibles, así como la remuneración y prestaciones que se pagarán al mediador.

TRANSPARENCIA Y PROCEDIMIENTOS ADMINISTRATIVOS

TÍTULO XII

338

Cooperación para una mayor transparencia Las Partes acuerdan cooperar en los foros bilaterales y multilaterales pertinentes para incrementar la transparencia, incluyendo a través de la eliminación del soborno y la corrupción en cuestiones cubiertas por la parte IV del presente Acuerdo.

339

Publicación 1. Cada Parte se asegurará de que sus medidas de aplicación general, incluyendo leyes, reglamentos, decisiones judiciales, procedimientos y resoluciones administrativas sobre cualquier cuestión relacionada con el comercio cubierta por la parte IV del presente Acuerdo se publiquen prontamente o se pongan a disposición de las personas interesadas, de forma que se posibilite su conocimiento a las personas interesadas de una Parte, así como a cualquier otra Parte. A petición, cada Parte deberá proporcionar una explicación del objetivo y la fundamentación de tales medidas y considerar un plazo adecuado entre la publicación y la entrada en vigor de las mismas, salvo que circunstancias específicas jurídicas o prácticas dicten lo contrario.

2. Cada Parte procurará ofrecer, a las personas interesadas de la otra Parte, la oportunidad de formular observaciones sobre cualquier ley, reglamento, procedimiento o resolución administrativa de aplicación general propuesta y tomar en consideración las observaciones pertinentes que reciba.

3. Se considerará que las medidas de aplicación general a las que se refiere el apartado 1 han sido puestas a disposición cuando la medida se haya puesto a disposición mediante notificación apropiada a la OMC o en un sitio web oficial, público y de acceso gratuito de la Parte en cuestión.

4. Ninguna disposición de la parte IV del presente Acuerdo se interpretará en el sentido de obligar a cualquier Parte a proporcionar información confidencial cuya divulgación pudiera impedir el cumplimiento de la ley, o de otra manera sea contraria al interés público, o que pudiera perjudicar los intereses comerciales legítimos de empresas particulares, sean estas públicas o privadas.

340

Puntos de contacto e intercambio de información 1. Con el fin de facilitar la comunicación y para garantizar la efectiva implementación del presente Acuerdo, la Reino Unido(**), la Parte CA52 y cada República de la Parte CA designará un punto de contacto a más tardar a la entrada en vigor del presente Acuerdo53. La designación de puntos de contacto se entenderá sin perjuicio de la designación específica de autoridades competentes en virtud de las disposiciones específicas del presente Acuerdo.

52 El punto de contacto designado por la Parte CA se utilizará para el intercambio de información relativa a sus obligaciones colectivas de conformidad con el artículo 352, apartado 2, de la parte V (Disposiciones finales) del presente Acuerdo y funcionará según las instrucciones acordadas por las Repúblicas de la Parte CA.

53 Para los propósitos de la obligación de designar un punto de contacto por la Parte CA, "fecha de entrada en vigor" significará la fecha en la que todas las Repúblicas de la Parte CA tengan en vigor el Acuerdo, de conformidad con el artículo 353(*), apartado 4.

(*)(Nota de Sinalevi: Mediante el aparte 16) sub aparte b) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó indicar que no se incorpora al presente Acuerdo ni el artículo 353 ni tampoco referencia alguna al artículo 353) (**) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE") 2. A solicitud de una Parte, el punto de contacto de la otra Parte indicará la oficina o el funcionario responsable de cualquier cuestión relacionada con la implementación de la parte IV del presente Acuerdo y proporcionará el apoyo necesario para facilitar la comunicación con la Parte solicitante.

3. A solicitud de una Parte, y en la medida de lo jurídicamente posible, cada Parte pertinente proporcionará información y dará respuesta pronta a cualquier pregunta relacionada con una medida vigente o en proyecto que pudiera afectar sustancialmente a la parte IV del presente Acuerdo.

341

Procedimientos administrativos Cada Parte administrará todas las medidas de aplicación general a las que se refiere el artículo 339 en una forma compatible, imparcial y razonable. Más específicamente, cuando se apliquen esas medidas a personas, mercancías, servicios o establecimientos de una Parte en casos específicos, cada Parte:

  • a)procurará proporcionar a las personas directamente afectadas por un procedimiento un anuncio razonable de su inicio, incluidas una descripción de la naturaleza del procedimiento, una declaración de la autoridad jurídica conforme a la cual se inicia el procedimiento y una descripción general de cualesquiera cuestiones controvertidas; b) proporcionará a dichas personas interesadas una oportunidad razonable para presentar hechos y argumentos en apoyo de sus pretensiones previamente a cualquier acción administrativa definitiva, cuando el tiempo, la naturaleza del procedimiento y el interés público lo permitan; y c) se asegurará de que sus procedimientos se basen en Derecho.
342

Revisión e impugnación 1. Cada Parte establecerá o mantendrá tribunales o procedimientos judiciales, cuasijudiciales o administrativos a efectos de una pronta revisión y, cuando se justifique, la corrección de la acción administrativa definitiva que afecte a cuestiones relacionadas con el comercio cubiertas por la parte IV del presente Acuerdo. Dichos tribunales o procedimientos deberán ser independientes de la oficina o de la autoridad encargada de la aplicación administrativa, y los responsables de estos deberán ser imparciales y no tener interés sustancial en el resultado del asunto.

2. Cada Parte se asegurará de que, en cualquiera de dichos tribunales o procedimientos, las partes del procedimiento tengan derecho a:

  • a)una oportunidad razonable para apoyar o defender sus respectivas posturas; y b) una resolución fundada en las pruebas y argumentaciones del expediente o, cuando lo requiera su legislación, en el expediente compilado por la autoridad administrativa.

3. Cada Parte se asegurará de que, con arreglo a los medios de impugnación o revisión ulterior establecidos en su legislación, cualesquiera de dichas resoluciones sean aplicadas por la oficina o la autoridad competente para la acción administrativa en cuestión y rija la práctica de dicha oficina o autoridad.

343

Normas específicas Las disposiciones del presente título se entenderán sin perjuicio de cualesquiera normas específicas establecidas en otras disposiciones del presente Acuerdo.

344

Transparencia en materia de subvenciones 1. A efectos del presente Acuerdo, una subvención es una medida relacionada con el comercio de mercancías, que cumple las condiciones establecidas en el artículo 1.1 del Acuerdo SMC y es específica a tenor del significado del artículo 2 de este último. La presente disposición cubre las subvenciones tal como se definen en el Acuerdo sobre la Agricultura.

2. Cada Parte garantizará la transparencia en materia de subvenciones en lo relativo al comercio de mercancías. A partir de la entrada en vigor del presente Acuerdo, cada Parte informará cada dos años a la otra Parte sobre la base jurídica, forma, cantidad o presupuesto y, cuando sea posible, el beneficiario de las subvenciones otorgadas por su gobierno o cualquier organismo público. Se considerará que dicho informe se ha proporcionado si la información pertinente se ha puesto a disposición por las Partes o en su nombre en un sitio web de acceso público. Cuando intercambien información, las Partes tendrán en consideración los requisitos del secreto profesional y comercial.

3. Las Partes podrán intercambiar información previa petición de una Parte sobre cuestiones relacionadas con las subvenciones en el ámbito de los servicios.

4. El Comité de Asociación examinará periódicamente los avances realizados por las Partes en la implementación del presente artículo.

5. Las disposiciones del presente artículo se entenderán sin perjuicio de los derechos de las Partes a aplicar medidas de defensa comercial o a adoptar acciones en materia de solución de controversias u otras apropiadas contra las subvenciones otorgadas por la otra Parte, de conformidad con las disposiciones pertinentes de la OMC.

6. Las Partes no podrán recurrir a los procedimientos de solución de controversias en virtud del título X (Solución de controversias) de la parte IV del presente Acuerdo para las cuestiones que surjan en el marco del presente artículo.

TAREAS ESPECÍFICAS EN CUESTIONES COMERCIALES DE LOS ÓRGANOS ESTABLECIDOS EN VIRTUD DEL PRESENTE ACUERDO

TÍTULO XIII

345

Tareas específicas del Consejo de Asociación 1. Cuando el Consejo de Asociación lleve a cabo cualquiera de las tareas conferidas en la parte IV del presente Acuerdo, estará compuesto, a nivel ministerial, por representantes de la Reino Unido(*), por un lado, y por los Ministros de cada una de las Repúblicas de la Parte CA, con responsabilidad sobre cuestiones relacionadas con el comercio, por el otro, de conformidad con los respectivos marcos jurídicos de las Partes, o por las personas que estos hayan designado.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE") 2. El Consejo de Asociación podrá, cuando se trate de cuestiones relacionadas con el comercio:

  • a)modificar, en cumplimiento de los objetivos de la parte IV del presente Acuerdo:
  • i)las listas de mercancías establecidas en el anexo I (Eliminación de aranceles aduaneros), a fin de incorporar una o más mercancías al programa de desgravación arancelaria; ii) las listas establecidas en el anexo I (Eliminación de aranceles aduaneros), con el fin de acelerar la desgravación arancelaria; iii) los apéndices 1, 2 y 3 del anexo I (Eliminación de aranceles aduaneros); iv) los apéndices 1, 2, 2A, 3, 4, 5 y 6 del anexo II (Relativo a la definición del concepto de "productos originarios" y métodos de cooperación administrativa); v) el anexo XVI (Contratación pública); vi) el anexo XVIII (Indicaciones geográficas protegidas); vii) el anexo XIX (Lista de productos a los que hace referencia el artículo 306, apartado 4); viii) el anexo XXI (Subcomités); b) emitir interpretaciones sobre las disposiciones de la parte IV del presente Acuerdo; y c) adoptar cualquier otra acción en el ejercicio de sus funciones según acuerden las Partes.

3. Cada Parte implementará, de conformidad con sus procedimientos jurídicos aplicables, cualquier modificación conforme al apartado 2, letra a), en el periodo acordado por las Partes54.

54 Implementación de las modificaciones aprobadas por el Consejo de Asociación:

1. En el caso de Costa Rica, las decisiones del Consejo de Asociación en virtud del artículo 345, apartado 2, letra a), equivaldrán al instrumento contemplado en el artículo 121.4, apartado tercero (Protocolo de Menor Rango) de la Constitución Política de la República de Costa Rica.

2. En el caso de Honduras, las decisiones del Consejo de Asociación en virtud del artículo 345, apartado 2, letra a), equivaldrán al instrumento contemplado en el artículo 21 de la Constitución de la República de Honduras.

346

Tareas específicas del Comité de Asociación 1. Cuando el Comité de Asociación lleve a cabo cualquiera de las tareas conferidas en la parte IV del presente Acuerdo, estará compuesto por representantes de la Comisión Europea, por un lado, y por representantes de cada una de las Repúblicas de la Parte CA, por el otro, a nivel de altos funcionarios con responsabilidad en cuestiones relacionadas con el comercio, o por las personas que estos hayan designado.

2. El Comité de Asociación tendrá, en particular, las siguientes funciones cuando trate cuestiones relacionadas con el comercio:

  • a)asistir al Consejo de Asociación en el desempeño de sus funciones en lo relativo a cuestiones relacionadas con el comercio; b) supervisar la adecuada implementación y aplicación de las disposiciones de la parte IV del presente Acuerdo. Al respecto, y sin perjuicio de los derechos establecidos en el título X (Solución de controversias) y el título XI (Mecanismo de mediación para medidas no arancelarias) de la parte IV del presente Acuerdo, cualquier Parte podrá referir para su debate, en el marco del Comité de Asociación, cualquier cuestión relativa a la aplicación o interpretación de la parte IV del presente Acuerdo; c) supervisar la ulterior elaboración de las disposiciones de la parte IV del presente Acuerdo, según sea necesario, y evaluar los resultados obtenidos de su aplicación; d) buscar vías apropiadas para prevenir y solucionar problemas que de otra manera puedan surgir en los ámbitos cubiertos por la parte IV del presente Acuerdo; y e) aprobar los reglamentos internos de todos los Subcomités establecidos en virtud de la parte IV del presente Acuerdo y supervisar su labor.

3. En el desempeño de sus funciones en virtud del apartado 2, el Comité de Asociación podrá:

  • a)establecer Subcomités adicionales a los establecidos en la parte IV del presente Acuerdo, compuestos por representantes de la Comisión Europea y de cada una de las Repúblicas de la Parte CA, y asignarles responsabilidades dentro de su competencia; también podrá decidir modificar las funciones asignadas a los Subcomités que establezca, así como disolverlos; b) recomendar al Consejo de Asociación la adopción de decisiones en cumplimiento de los objetivos específicos de la parte IV del presente Acuerdo; y c) adoptar cualquier otra acción en el ejercicio de sus funciones que acuerden las Partes o de acuerdo con las instrucciones del Consejo de Asociación.
347

Coordinadores de la parte IV del presente Acuerdo 1. La Comisión Europea y cada una de las Repúblicas de la Parte CA designarán un Coordinador para la parte IV del presente Acuerdo dentro de los sesenta días siguientes a la entrada en vigor del presente Acuerdo.

2. Los Coordinadores trabajarán de manera conjunta en el desarrollo de las agendas y realizarán todos los demás preparativos necesarios para las reuniones del Consejo de Asociación y del Comité de Asociación, de conformidad con las disposiciones previas, y darán seguimiento a las decisiones de dichos órganos, según corresponda.

348

Subcomités 1. Sin perjuicio de las disposiciones del artículo 8 del título II (Marco institucional) de la parte I del presente Acuerdo, el presente artículo se aplicará a todos los Subcomités establecidos en la parte IV del presente Acuerdo.

2. Los Subcomités estarán compuestos por representantes de la Comisión Europea, por un lado, y por representantes de cada una de las Repúblicas de la Parte CA, por otro.

3. Los Subcomités se reunirán una vez al año o a petición de cualquier Parte o del Comité de Asociación, a un nivel adecuado. Cuando se realicen en persona, las reuniones se celebrarán alternadamente en Londres(*) o Centroamérica. Las reuniones también podrán celebrarse por cualquier medio tecnológico de que dispongan las Partes.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "Bruselas") 4. El Subcomité será presidido alternadamente por un representante de la Reino Unido(**), por un lado, y por un representante de una República de la Parte CA, por otro, por un periodo de un año.

(**) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE")

EXCEPCIONES

TÍTULO XIV

349

Balanza de pagos 1. Si una Parte externas, o corre el riesgo de experimentarlos, podrá adoptar o mantener medidas restrictivas respecto al comercio de mercancías o servicios y a los pagos corrientes.

2. Las Partes procurarán evitar la aplicación de las medidas restrictivas a las que se refiere el apartado 1.

3. Las medidas restrictivas adoptadas o mantenidas en virtud del presente artículo deberán ser no discriminatorias y temporales, y no excederán de lo necesario para remediar la situación de la balanza de pagos y la situación financiera externa. Deberán ser conformes a las condiciones pertinentes establecidas en los Acuerdos de la OMC y coherentes con los artículos del Convenio Constitutivo del Fondo Monetario Internacional.

4. Si cualquier Parte mantiene o ha adoptado medidas restrictivas, o las ha modificado, las notificará con celeridad a la otra Parte y presentará, tan pronto como sea posible, un calendario para su eliminación.

5. Si una Parte considera que la medida restrictiva adoptada o mantenida afecta la relación comercial bilateral, podrá solicitar consultas a la otra Parte, que deberán realizarse sin demora en el marco del Comité de Asociación. Dichas consultas evaluarán la situación de la balanza de pagos de la Parte afectada y las restricciones adoptadas o mantenidas en virtud del presente artículo, tomando en cuenta, entre otros, factores tales como:

  • a)la naturaleza y el alcance de las dificultades financieras exteriores y de balanza de pagos; b) el entorno económico y comercial; o c) otras posibles medidas correctivas alternativas de las que pueda hacerse uso.

En las consultas se examinará la conformidad de cualquier medida restrictiva con los apartados 3 y 4. Todos los resultados sobre datos estadísticos y otros hechos presentados por el Fondo Monetario Internacional ("FMI") en relación con las divisas, reservas monetarias y balanza de pagos serán aceptados como tales y las conclusiones deberán basarse en la evaluación del FMI sobre la situación de la balanza de pagos y situación financiera externa de la Parte afectada.

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Tributación 1. Ninguna disposición de la parte IV del presente Acuerdo ni de acuerdos adoptados en virtud del presente Acuerdo se interpretará de modo que impida a las Partes, en la aplicación de las disposiciones pertinentes de su respectiva legislación fiscal, hacer una distinción entre contribuyentes que no se encuentran en la misma situación, en particular por lo que se refiere a su lugar de residencia o al lugar donde está invertido su capital.

2. Ninguna disposición de la parte IV del presente Acuerdo ni de acuerdos adoptados en virtud de la parte IV se interpretará de modo que impida la adopción o el cumplimiento efectivo de cualquier medida destinada a prevenir la elusión o evasión de impuestos en virtud de las disposiciones tributarias de acuerdos para evitar la doble tributación u otros arreglos tributarios, o cualquier legislación fiscal nacional.

3. Ninguna disposición de la parte IV del presente Acuerdo afectará los respectivos derechos y obligaciones de las Partes en virtud de un acuerdo tributario. En caso de incompatibilidad entre la parte IV del presente Acuerdo y cualquier acuerdo de naturaleza tributaria, prevalecerán las disposiciones de este último respecto de la incompatibilidad.

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Preferencia regional 1. Ninguna disposición de la parte IV del presente Acuerdo obligará a una Parte a extender a la otra Parte cualquier trato más favorable que se aplique a lo interno de cada una de las Partes como parte de su respectivo proceso de integración económica regional.

2. Ninguna disposición de la parte IV del presente Acuerdo impedirá el mantenimiento, modificación o establecimiento de uniones aduaneras, zonas de libre comercio u otros acuerdos entre las Partes, o entre las Partes y terceros países o regiones.

PARTE V

DISPOSICIONES FINALES

352

Definición de las Partes 1. Las Partes del presente Acuerdo son las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá, denominadas las "Repúblicas de la Parte CA", por un lado, y la Reino Unido e Irlanda del Norte, denominado "Reino Unido, por el otro.

(Así reformado el párrafo anterior por el aparte 16) sub aparte a) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") 2. A efectos del presente Acuerdo, el término "Parte" se referirá a cada República de la Parte CA, sin perjuicio de la obligación de actuar conjuntamente en virtud de las disposiciones establecidas en el apartado 3, o la Reino Unido(*), respectivamente.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE") 3. A efectos del presente Acuerdo, las Repúblicas de la Parte CA acuerdan y se comprometen a actuar conjuntamente en los siguientes ámbitos:

  • a)en la toma de decisiones a través de los órganos contemplados en el título II (Marco institucional) de la parte I del presente Acuerdo; b) en la implementación de las obligaciones previstas en el título IX (Integración económica regional) de la parte IV del presente Acuerdo; c) en la implementación de la obligación de establecer un Reglamento Centroamericano sobre Competencia y una autoridad de competencia, de conformidad con los artículos 277 y 279, apartado 2, del título VII (Comercio y competencia) de la parte IV del presente Acuerdo; y d) en la implementación de la obligación de establecer un punto único de acceso a nivel regional, de conformidad con el artículo 212, apartado 2, del título V (Contratación pública) de la parte IV del presente Acuerdo.

Cuando actúen conjuntamente de conformidad con el presente apartado, se hará referencia a las Repúblicas de la Parte CA como la "Parte CA".

4. Para cualquier otra disposición en virtud del presente Acuerdo, las Repúblicas de la Parte CA asumirán obligaciones y actuarán individualmente.

5. No obstante lo dispuesto en el apartado 3, y de manera compatible con el desarrollo ulterior de la integración regional centroamericana, las Repúblicas de la Parte CA se comprometen a tratar progresivamente de incrementar el alcance de los ámbitos en los que actuarán conjuntamente, y lo notificarán a la Reino Unido(*). El Consejo de Asociación adoptará una decisión en la que indicará con precisión el alcance de esos ámbitos.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE")

353

Entrada en vigor 1. Las Partes aprobarán el presente Acuerdo de conformidad con sus procedimientos jurídicos internos.

2. El presente Acuerdo entrará en vigor en el primer día del mes siguiente a aquel en que las Partes se hayan notificado recíprocamente el cumplimiento de los procedimientos jurídicos internos contemplados en el apartado 1.

3. Las notificaciones se enviarán, en el caso de la Reino Unido(*), al Secretario General del Consejo de la Unión Europea, y, en el caso de las Repúblicas de la Parte CA, a la Secretaría General del Sistema de la Integración Centroamericana (SG-SICA), quienes serán los depositarios del presente Acuerdo.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE") 4. No obstante lo dispuesto en el apartado 2, la parte IV del presente Acuerdo podrá ser aplicada por la Unión Europea y por cada una de las Repúblicas de la Parte CA desde el primer día del mes siguiente a la fecha en la que se notifiquen recíprocamente el cumplimiento de los procedimientos jurídicos internos necesarios para tal fin. En este caso, los órganos institucionales necesarios para el funcionamiento del presente Acuerdo ejercerán sus funciones.

5. A más tardar en la fecha de entrada en vigor de conformidad con el apartado 2, o en la fecha de aplicación del presente Acuerdo, si se aplica conforme al apartado 4, cada Parte habrá cumplido los requisitos establecidos en el artículo 244 y en el artículo 245, apartado 1, letras a) y b), del título VI (Propiedad intelectual) de la parte IV del presente Acuerdo. Si una República de la Parte CA no ha cumplido dichos requisitos, el presente Acuerdo no entrará en vigor de conformidad con el apartado 2, o no se aplicará de conformidad con el apartado 4, entre la Reino Unido(*) y dicha República de la Parte CA que no ha cumplido, hasta que esos requisitos se hayan cumplido.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE") 6. Cuando una disposición del presente Acuerdo se aplique de conformidad con el apartado 4, se interpretará que cualquier referencia en dicha disposición a la fecha de entrada de vigor del presente Acuerdo se refiere a la fecha a partir de la cual las Partes acordaron aplicar dicha disposición de conformidad con el apartado 4.

7. Las Partes para las que la parte IV del presente Acuerdo haya entrado en vigor de conformidad con el apartado 2 ó 4 también podrán utilizar materiales originarios de las Repúblicas de la Parte CA para las que el presente Acuerdo no esté en vigor.

8. Desde la fecha de entrada en vigor de conformidad con el apartado 2, el presente Acuerdo sustituirá a los Acuerdos de Diálogo Político y Cooperación que estén en vigor entre las Repúblicas de la Parte CA y la Reino Unido(*).

(Nota de Sinalevi: Mediante el aparte 16) sub aparte b) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó indicar que no se incorpora al presente Acuerdo ni el artículo 353 ni tampoco referencia alguna al artículo 353) (*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE")

354

Duración 1. El presente Acuerdo tendrá duración y validez indefinida.

2. Cualquier Parte notificará por escrito a su respectivo depositario su intención de denunciar el presente Acuerdo.

3. En caso de denuncia por cualquier Parte, las demás Partes examinarán en el marco del Comité de Asociación el efecto de dicha denuncia sobre el presente Acuerdo. El Consejo de Asociación decidirá sobre cualesquiera ajustes necesarios o medidas de transición.

4. La denuncia surtirá efecto seis meses después de la notificación al depositario respectivo.

355

Cumplimiento de las obligaciones 1. Las Partes adoptarán todas las medidas generales o específicas necesarias para dar cumplimiento a las obligaciones que asumen en virtud del presente Acuerdo y velarán por que se adecuen a los objetivos establecidos en el presente Acuerdo.

2. Si una Parte considera que otra Parte ha incumplido una obligación derivada del presente Acuerdo, podrá adoptar las medidas apropiadas. Antes de hacerlo, salvo en los casos de especial urgencia, presentará al Consejo de Asociación en un plazo de treinta días toda la información pertinente necesaria para un examen detallado de la situación, con el fin de hallar una solución aceptable para las Partes. Al seleccionar las medidas que se van a adoptar, se dará prioridad a las menos perjudiciales para la implementación del presente Acuerdo. Dichas medidas se notificarán de inmediato al Comité de Asociación y serán objeto de consultas en el Comité si una Parte así lo solicita.

3. Las Partes acuerdan que el término "casos de especial urgencia" del apartado 2 significa un caso de infracción importante del presente Acuerdo por una de las Partes. Las Partes también acuerdan que el término "medidas apropiadas" contemplado en el apartado 2 significa medidas adoptadas de conformidad con el Derecho internacional. Se entiende que la suspensión es una medida de último recurso.

4. Una infracción importante del presente Acuerdo consiste en:

  • a)la denuncia del presente Acuerdo no sancionada por las normas generales del Derecho internacional; b) una infracción de los elementos esenciales del presente Acuerdo.

5. Si una Parte adopta una medida en un caso de especial urgencia, la otra Parte podrá solicitar que se convoque a las Partes a celebrar una reunión urgente en un plazo de quince días.

6. No obstante lo dispuesto en el apartado 2, si una Parte considera que otra Parte ha incumplido una o más obligaciones derivadas de la parte IV del presente Acuerdo, solo podrá recurrir a, y regirse por, los procedimientos de solución de controversias establecidos en virtud del título X (Solución de controversias) y al mecanismo de mediación establecido en virtud del título XI (Mecanismo de mediación para medidas no arancelarias) de la parte IV del presente Acuerdo u otros mecanismos alternativos previstos para obligaciones específicas en la parte IV del presente Acuerdo.

356

Derechos y obligaciones en virtud del presente Acuerdo Ninguna disposición del presente Acuerdo se interpretará en el sentido de conceder derechos o imponer obligaciones a las personas, diferentes de los derechos o las obligaciones creados por el presente Acuerdo, ni en el de obligar a una Parte a permitir que se invoque el presente Acuerdo directamente en su sistema jurídico interno, a menos que la legislación nacional de esa Parte disponga otra cosa.

357

Excepciones 1. Ninguna disposición del presente Acuerdo se interpretará en el sentido de:

  • a)exigir a una Parte que proporcione o dé acceso a información cuya difusión considere contraria a sus intereses esenciales en materia de seguridad; o b) impedir a cualquier Parte que adopte medidas que estime necesarias para la protección de sus intereses esenciales de seguridad:
  • i)relativas a las materias fisionables y fusionables o aquellas de las que estas se derivan; ii) relativas a actividades económicas destinadas directa o indirectamente a abastecer un establecimiento militar; iii) relacionadas con la fabricación o el comercio de armas, municiones y material de guerra; iv) relativas a contrataciones públicas indispensables para la seguridad nacional o la defensa nacional; v) adoptadas en tiempo de guerra u otra emergencia en las relaciones internacionales; c) impedir a cualquier Parte adoptar cualquier acción para cumplir las obligaciones contraídas a fin de mantener la paz y la seguridad internacional; o d) impedir a cualquier Parte decidir independientemente sobre las prioridades presupuestarias o exigir a cualquier Parte que aumente los recursos presupuestarios destinados a la implementación de las obligaciones y los compromisos que figuran en el presente Acuerdo.

2. Se informará al Consejo de Asociación, en la mayor medida posible, de las medidas adoptadas en virtud del apartado 1, letras a) y b), y de su terminación.

358

Cláusula evolutiva 1. Las Partes podrán acordar ampliar y complementar el presente Acuerdo mediante modificaciones o mediante la celebración de acuerdos sobre actividades o sectores específicos, a la luz de la experiencia adquirida en la implementación del presente Acuerdo.

2. Las Partes también podrán acordar cualquier otra modificación del presente Acuerdo.

3. Todas las modificaciones y acuerdos mencionados deberán ser aprobados de conformidad con los procedimientos jurídicos internos de cada Parte.

359

Adhesión de nuevos miembros 1. Se informará al Comité de Asociación de cualquier solicitud formulada por un tercer Estado para convertirse en miembro de la Unión Europea y de cualquier solicitud formulada por un tercer Estado para unirse a los procesos económicos y políticos de integración de Centroamérica.

(Nota de Sinalevi: Mediante el aparte 16) sub aparte c) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó indicar que las palabras "de cualquier solicitud formulada por un tercer Estado para convertirse en miembro de la Unión Europea y" no se incorporan al presente Acuerdo anteriormente referido) 2. Durante las negociaciones entre la Unión Europea y el Estado candidato, la Reino Unido(*) proporcionará a la Parte CA toda la información pertinente y la Parte CA, a su vez, comunicará sus puntos de vista (si los hubiere) a la Reino Unido(*) para que los pueda tomar plenamente en consideración. La Parte CA será notificada por la Reino Unido(*) de cualquier adhesión a la Unión Europea.

(Nota de Sinalevi: Mediante el aparte 16) sub aparte d) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó indicar que el párrafo anterior no se incorporan al presente Acuerdo anteriormente referido) (*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE") 3. Asimismo, durante las negociaciones entre la Parte CA y el Estado que solicite unirse a los procesos económicos y políticos de integración de Centroamérica, la Parte CA proporcionará a la Reino Unido(*) toda la información pertinente y, a su vez, la Reino Unido(*) comunicará sus puntos de vista (si los hubiere) a la Parte CA para que los pueda tomar plenamente en consideración. La Reino Unido(*) será notificada por la Parte CA de cualquier adhesión a los procesos económicos y políticos de integración de Centroamérica.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parte UE") 4. Las Partes examinarán el efecto de dicha adhesión sobre el presente Acuerdo en el marco del Comité de Asociación. El Consejo de Asociación decidirá sobre las medidas de transición o los ajustes necesarios, que se aprobarán de conformidad con los procedimientos jurídicos internos de cada Parte.

5. Si el acto de adhesión a los procesos económicos y políticos de integración de Centroamérica no prevé una adhesión automática al presente Acuerdo, el Estado interesado se adherirá mediante el depósito de un acto de adhesión ante los respectivos órganos depositarios de las Partes.

6. El instrumento de adhesión se depositará ante los depositarios.

360

Aplicación territorial 1. En la Parte UE, el presente Acuerdo se aplicará a los territorios en los que se aplican el Tratado de la Unión Europea y el Tratado de Funcionamiento de la Unión Europea y en las condiciones establecidas en dichos Tratados.

2. No obstante lo dispuesto en el apartado 1, en la medida en que el territorio aduanero de la Unión Europea incluye áreas no cubiertas por la definición territorial anterior, el presente Acuerdo se aplicará también al territorio aduanero de la Unión Europea.

3. En Centroamérica, el presente Acuerdo se aplicará a los territorios de las Repúblicas de la Parte CA, de conformidad con sus respectivas legislaciones nacionales y el Derecho internacional.

(Nota de Sinalevi: Mediante el aparte 16) sub aparte e) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó indicar que este numeral no se incorpora al presente Acuerdo anteriormente referido)

361

Reservas y declaraciones interpretativas El presente Acuerdo no permite reservas unilaterales ni declaraciones interpretativas.

362

Anexos, apéndices, protocolos y notas, notas a pie de página y declaraciones conjuntas Los anexos, apéndices, protocolos y notas, notas a pie de página y declaraciones conjuntas del presente Acuerdo formarán parte integral del mismo.

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Textos auténticos El presente Acuerdo se redacta en duplicado en idioma español, alemán, búlgaro, checo, danés, eslovaco, esloveno, estonio, finés, francés, griego, húngaro, inglés, italiano, letón, lituano, maltés, neerlandés, polaco, portugués, rumano y sueco, siendo cada uno de estos textos igualmente auténticos.

EN FE DE LO CUAL, los abajo firmantes, debidamente autorizados, han suscrito el presente Acuerdo.

Hecho en Tegucigalpa, el veintinueve de junio de dos mil doce.

Done at Tegucigalpa on the twenty-ninth day of June in the year two thousand and twelve.

Por la República de Costa Rica Por la República de El Salvador Por la República de Guatemala Por la República de Honduras Por la República de Nicaragua Por la República de Panamá За Европейския съюз Por la Unión Europea Za Evropskou unii For Den Europæiske Union Für die Europäische Union Euroopa Liidu nimel Για την Ευρωπαϊκή ΄Ενωση For the European Union Pour l'Union européenne Per l'Unione europea Eiropas Savienības vārdā  Europos Sąjungos vardu Az Európai Unió részéről Għall-Unjoni Ewropea Voor de Europese Unie W imieniu Unii Europejskiej Pela União Europeia Pentru Uniunea Europeană Za Európsku úniu Za Evropsko unijo Euroopan unionin puolesta För Europeiska unionen Voor het Koninkrijk België Pour le Royaume de Belgique Für das Königreich Belgien Deze handtekening verbindt eveneens de Vlaamse Gemeenschap, de Franse Gemeenschap, de Duitstalige Gemeenschap, het Vlaamse Gewest, het Waalse Gewest en het Brussels Hoofdstedelijk Gewest.

Cette signature engage également la Communauté française, la Communauté flamande, la Communauté germanophone, la Région wallonne, la Région flamande et la Région de Bruxelles-Capitale.

Diese Unterschrift bindet zugleich die Deutschsprachige Gemeinschaft, die Flämische Gemeinschaft, die Französische Gemeinschaft, die Wallonische Region, die Flämische Region und die Region Brüssel-Hauptstadt.

За Република България Za Českou republiku For Kongeriget Danmark Für die Bundesrepublik Deutschland Eesti Vabariigi nimel Thar cheann Na hÉireann For Ireland Για την Ελληνική Δημοκρατία Por el Reino de España Pour la République française Per la Repubblica italiana Για την Κυπριακή Δημοκρατία Latvijas Republikas vārdā - Lietuvos Respublikos vardu Pour le Grand-Duché de Luxembourg Magyarország részéről Għal Malta Voor het Koninkrijk der Nederlanden Für die Republik Österreich W imieniu Rzeczypospolitej Polskiej Pela República Portuguesa Pentru România Za Republiko Slovenijo Za Slovenskú republiku Suomen tasavallan puolesta För Republiken Finland För Konungariket Sverige For the United Kingdom of Great Britain and Northern Ireland

ELIMINACIÓN DE ARANCELES ADUANEROS

1. Para la Parte UE, la eliminación de aranceles aduaneros descrita en las categorías de desgravación establecidas en las letras a), b), c), e), f), l), m), n), o), p), q) y r) del apartado 3 infra se aplicará sobre la tasa base indicada en su lista del presente anexo.

2. Para cada República de la Parte CA, la eliminación de aranceles aduaneros descrita en las categorías de desgravación establecidas en las letras a), b), c), d), e), f), g), h), j), k) y q) del apartado 3 infra se aplicará de la siguiente manera para cada año del periodo de eliminación arancelaria:

  • a)si al aplicar la categoría de desgravación a la tasa base CA se obtiene un arancel mayor que la tasa base de una de las Repúblicas de la Parte CA, el arancel aplicable para esa República será su tasa base; b) si al aplicar la categoría de desgravación a la tasa base CA se obtiene un arancel menor o igual que la tasa base de una de las Repúblicas de la Parte CA, el arancel aplicable para esa República será el arancel resultante de aplicar la categoría de desgravación a la tasa base CA.

3. Salvo que se disponga lo contrario en las notas generales de la lista de cada Parte, las siguientes categorías se aplican a la eliminación de aranceles aduaneros de cada Parte conforme al artículo 83 (Eliminación de aranceles aduaneros) del capítulo 1 del título II (Comercio de mercancías) de la Parte IV del presente Acuerdo:

  • a)los aranceles sobre las mercancías incluidas dentro de las fracciones arancelarias en la categoría de desgravación A en la lista de una Parte serán eliminados íntegramente, y dichas mercancías quedarán libres de aranceles en la fecha de entrada en vigor del presente Acuerdo; b) los aranceles sobre las mercancías incluidas dentro de las fracciones arancelarias en la categoría de desgravación B en la lista de una Parte serán eliminados en tres etapas anuales iguales, comenzando en la fecha de entrada en vigor del presente Acuerdo, y tales mercancías quedarán libres de aranceles a partir del 1 de enero del año tres; c) los aranceles sobre las mercancías incluidas dentro de las fracciones arancelarias en la categoría de desgravación C en la lista de una Parte serán eliminados en cinco etapas anuales iguales, comenzando en la fecha de entrada en vigor del presente Acuerdo, y tales mercancías quedarán libres de aranceles a partir del 1 de enero del año cinco; d) los aranceles sobre las mercancías incluidas dentro de las fracciones arancelarias en la categoría de desgravación C1 en la lista de una Parte serán eliminados en seis etapas anuales iguales, comenzando en la fecha de entrada en vigor del presente Acuerdo, y tales mercancías quedarán libres de aranceles a partir del 1 de enero del año seis; e) los aranceles sobre las mercancías incluidas dentro de las fracciones arancelarias en la categoría de desgravación D en la lista de una Parte serán eliminados en siete etapas anuales iguales, comenzando en la fecha de entrada en vigor del presente Acuerdo, y tales mercancías quedarán libres de aranceles a partir del 1 de enero del año siete; f) los aranceles sobre las mercancías incluidas dentro de las fracciones arancelarias en la categoría de desgravación E en la lista de una Parte serán eliminados en diez etapas anuales iguales, comenzando en la fecha de entrada en vigor del presente Acuerdo, y tales mercancías quedarán libres de aranceles a partir del 1 de enero del año diez; g) los aranceles sobre las mercancías incluidas dentro de las fracciones arancelarias en la categoría de desgravación E1 en la lista de una Parte se mantendrán en su tasa base del año uno al cinco; los aranceles sobre estas mercancías serán eliminados en cinco etapas anuales iguales, comenzando el 1 de enero del año seis, y tales mercancías quedarán libres de aranceles a partir del 1 de enero del año diez; h) los aranceles sobre las mercancías incluidas dentro de las fracciones arancelarias en la categoría de desgravación E2 en la lista de una Parte serán eliminados en diez etapas anuales; a la fecha de entrada en vigor del presente Acuerdo, los aranceles se reducirán en un dos por ciento de la tasa base y, el 1 de enero del año dos, en un dos por ciento adicional. A partir del 1 de enero del año tres, los aranceles se reducirán en un ocho por ciento adicional de la tasa base y, en adelante, un ocho por ciento adicional de la tasa base cada año hasta el año seis. A partir del 1 de enero del año siete, los aranceles se reducirán en un dieciséis por ciento adicional de la tasa base y, en adelante, un dieciséis por ciento adicional cada año hasta el año nueve, y tales mercancías quedarán libres de aranceles a partir del 1 de enero del año diez. El proceso de desgravación arancelaria de esta categoría se detalla en la siguiente tabla:

| Porcentaje Anual de Recorte | Año | Recorte Acumulado | Desgravación arancelaria de acuerdo con la categoría E2 | | | | | --- | --- | --- | --- | --- | --- | --- | | 5% | 10% | 15% | 20% | | | | | 2% | 1 | 25 | 4.9% | 9.8% | 14.7% | 19.6% | | 2 | 4% | 4.8% | 9.6% | 14.4% | 19.2% | | | 8% | 3 | 12% | 4.4% | 8.8% | 13.2% | 17.6% | | 4 | 20% | 4.0% | 8.0% | 12.0% | 16.0% | | | 5 | 28% | 3.6% | 7.2% | 10.8% | 14.4% | | | 6 | 36% | 3.2% | 6.4% | 9.6% | 12.8% | | | 16% | 7 | 52% | 2.4% | 4.8% | 7.2% | 9.6% | | 8 | 68% | 1.6% | 3.2% | 4.8% | 6.4% | | | 9 | 84% | 0.8% | 1.6% | 2.4% | 3.2% | | | 10 | 100% | 0.0% | 0.0% | 0.0% | 0.0% | | i) los aranceles sobre las mercancías incluidas dentro de las fracciones arancelarias en la categoría de desgravación F en la lista de una Parte se mantendrán en su tasa base55, salvo lo dispuesto en la letra c) del artículo 84 (Statu quo) del capítulo 1 del título II (Comercio de mercancías) de la parte IV del presente Acuerdo; dichas mercancías quedan excluidas de la eliminación o reducción arancelaria; 55 Para las Repúblicas de la Parte CA, esto hace referencia a la tasa base de cada República, según lo indicado en la lista respectiva.

  • j)los aranceles sobre las mercancías incluidas dentro de las fracciones arancelarias en la categoría de desgravación G en la lista de una Parte serán eliminados en trece etapas anuales iguales, comenzando en la fecha de entrada en vigor del presente Acuerdo, y tales mercancías quedarán libres de aranceles a partir del 1 de enero del año trece; k) los aranceles sobre las mercancías incluidas dentro de las fracciones arancelarias en la categoría de desgravación H en la lista de una Parte serán eliminados en quince etapas anuales iguales, comenzando en la fecha de entrada en vigor del presente Acuerdo, y tales mercancías quedarán libres de aranceles a partir del 1 de enero del año quince; l) los aranceles ad valorem sobre las mercancías incluidas dentro de las fracciones arancelarias en la categoría de desgravación I en la lista de una Parte serán eliminados y dichas mercancías quedarán libres de aranceles ad valorem en la fecha de entrada en vigor del presente Acuerdo. Los aranceles específicos sobre estas mercancías, aplicables bajo el sistema de "precios de entrada", se mantendrán en su tasa base conforme lo indicado en el apartado 4, sección A, del presente anexo; m) los aranceles ad valorem sobre las mercancías incluidas dentro de las fracciones arancelarias en la categoría de desgravación J en la lista de una Parte serán eliminados, y dichas mercancías quedarán libres de aranceles ad valorem en la fecha de entrada en vigor del presente Acuerdo; los aranceles específicos sobre estas mercancías se mantendrán en su tasa base; n) los aranceles ad valorem sobre las mercancías incluidas dentro de las fracciones arancelarias en la categoría de desgravación K en la lista de una Parte serán eliminados, y dichas mercancías quedarán libres de aranceles ad valorem en la fecha de entrada en vigor del presente Acuerdo; los aranceles específicos sobre estas mercancías serán eliminados en tres etapas anuales iguales, comenzando en la fecha de entrada en vigor del presente Acuerdo, y tales mercancías quedarán libres de aranceles a partir del 1 de enero del año tres; o) los aranceles ad valorem sobre las mercancías incluidas dentro de las fracciones arancelarias en la categoría de desgravación L en la lista de una Parte serán eliminados en tres etapas anuales iguales, comenzando en la fecha de entrada en vigor del presente Acuerdo, y tales mercancías quedarán libres de aranceles ad valorem a partir del 1 de enero del año tres; los aranceles específicos sobre estas mercancías, aplicables bajo el sistema de "precios de entrada", se mantendrán en su tasa base conforme lo indicado en el apartado 4, sección A del presente anexo; p) los aranceles ad valorem sobre las mercancías incluidas dentro de las fracciones arancelarias en la categoría de desgravación M en la lista de una Parte serán eliminados, y dichas mercancías quedarán libres de aranceles ad valorem en la fecha de entrada en vigor del presente Acuerdo; los aranceles específicos sobre estas mercancías serán eliminados en diez etapas anuales iguales, comenzando en la fecha de entrada en vigor del presente Acuerdo, y tales mercancías quedarán libres de aranceles a partir del 1 de enero del año diez; q) los aranceles sobre las mercancías incluidas dentro de las fracciones arancelarias en la categoría de desgravación Q en la lista de una Parte se aplicarán según lo dispuesto en el apéndice 1 (Contingentes arancelarios de importación de las Repúblicas de la Parte CA) y el apéndice 2 (Contingentes arancelarios de importación de la Parte UE) del presente anexo; r) los aranceles sobre las mercancías incluidas dentro de las fracciones arancelarias en la categoría de desgravación ST en la lista de una Parte se aplicarán según lo dispuesto en el apéndice 3 (Tratamiento especial para el banano) del presente anexo.

4. Salvo que se disponga lo contrario en el presente Acuerdo, la Unión Europea podrá aplicar los aranceles aduaneros del sistema de precio de entrada establecidos en el anexo 2 del Reglamento (CE) nº 1549/2006 de la Comisión, de 17 de octubre de 2006.

5. Salvo que se disponga lo contrario en el presente Acuerdo, los términos "EA", "AD S/Z" y "AD F/M", incluidos en las tasas base de la lista de la Parte UE, hacen referencia a los aranceles aduaneros establecidos en el anexo 1 del Reglamento (CE) nº 1549/2006 de la Comisión, de 17 de octubre de 2006. EU/CENTR-AM/Anexo I/es 8 6. A efectos de la eliminación de aranceles aduaneros de conformidad con el artículo 83 (Eliminación de aranceles aduaneros) del capítulo 1 del título II (Comercio de mercancías) de la Parte IV del presente Acuerdo, las tasas arancelarias de transición se redondearán hacia abajo, al menos al décimo más cercano de un punto porcentual o, si la tasa arancelaria se de la Parte.

7. A efectos del presente anexo y la lista de una Parte, año uno significa el año de entrada en vigor del presente Acuerdo según lo dispuesto en el artículo 353(*) (Entrada en vigor), apartado 4, de la Parte V del presente Acuerdo.

(*) (Nota de Sinalevi: Mediante el aparte 16) sub aparte b) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó indicar que no se incorpora al presente Acuerdo ni el artículo 353 ni tampoco referencia alguna al artículo 353) 8. A efectos del presente anexo y la lista de una Parte, a partir del año dos, cada recorte anual de aranceles surtirá efecto el 1 de enero del año respectivo.

9. A efectos del apartado 3, letra q) del presente anexo, si la entrada en vigor del presente Acuerdo corresponde a una fecha posterior al 1 de enero y anterior al 31 de diciembre del mismo año civil, la cantidad del contingente se prorrateará de manera proporcional por el resto del año calendario.

NOTAS GENERALES DE LA LISTA DE LAS REPÚBLICAS DE LA PARTE CA 1. De conformidad con el Decreto No. 902, de 9 de enero de 2006, El Salvador aplica un arancel del 15 % a las importaciones de barras de hierro y acero de sección transversal cuya dimensión sea inferior o igual a 16 mm, con un contenido de carbono inferior al 0,4 % en peso, clasificadas en la fracción arancelaria 7214.99.90 del SAC 2007. Dichos productos están clasificados actualmente en la fracción arancelaria 7214.99.30, creada por El Salvador a nivel nacional mediante el citado Decreto.

2. Para las mercancías clasificadas en la fracción arancelaria 0808.10.00 del SAC 2007, Guatemala continuará aplicando las disposiciones contenidas en la Ley del Fondo de Cooperación a La Fruticultura Decidua Nacional, Decreto No. 15-2007 del Congreso de La República de Guatemala y sus modificaciones, relativas a cargas a la importación y producción de manzana.

3. En caso de una emergencia fiscal, Guatemala podrá incrementar de manera temporal y automática los aranceles aplicados sobre las mercancías clasificadas en las fracciones arancelarias 2709.00.10, 2709.00.90, 2710.11.20, 2710.11.30, 2710.19.11, 2710.19.21, 2710.19.22 del SAC 2007. En este caso, el arancel no será mayor que el aplicado a todos los países durante el periodo de emergencia que justifica la adopción del incremento arancelario.

4. Para las mercancías clasificadas en las fracciones arancelarias 1005.90.20, 1005.90.30, 1007.00.90, 1102.20.00, 1103.13.10, 1103.13.90 y 1104.23.00 del SAC 2007, Honduras mantendrá la aplicación del Decreto nº 31-92, de 5 de marzo de 1992, y sus regulaciones en virtud del Acuerdo nº 105-93 y sus modificaciones.

5. Para las mercancías clasificadas en las fracciones arancelarias 0402.91.10, 0402.99.10, 2002.90.10 del SAC 2007, Panamá aplicará la categoría F, de conformidad con el apartado 3, letra i), de la sección A del presente anexo.

6. Para las mercancías clasificadas en las fracciones arancelarias 2208.30.10 y 2208.30.90 del SAC 2007, Panamá aplicará la Categoría A, de conformidad con en el apartado 3, letra a), de la sección A del presente anexo.

7. Para las mercancías clasificadas en la fracción arancelaria 2106.90.99 del SAC 2007, Panamá aplicará la Categoría F, de conformidad con en el apartado 3, letra i), de la sección A del presente anexo.

8. Las imitaciones de queso son productos con la apariencia física de un queso, sobre los que se considera razonablemente que están destinados a ser usados como queso y que no cumplen de manera simultánea los tres criterios establecidos en la nota 3 del capítulo 4 del Sistema Armonizado. Usualmente estos productos cumplen al menos uno de los criterios mencionados.

APENDICE 1 CONTINGENTES ARANCELARIOS DE IMPORTACIÓN DE LAS REPÚBLICAS DE LA PARTE CA 1. El presente apéndice incluye los contingentes arancelarios de importación para las mercancías originarias de la Parte UE en la categoría de desgravación "Q" en la lista de las Repúblicas de la Parte CA. Cada República de la Parte CA administrará estos contingentes arancelarios de acuerdo con sus regulaciones nacionales.

2. Las importaciones realizadas de conformidad con los contingentes arancelarios establecidos en los apartados 3, 5 y 7 del presente apéndice estarán sujetas a la presentación de un certificado de exportación emitido por la autoridad competente de la Parte UE.

(*)3. Jamones curados y tocino entreverado:

  • a)Las Repúblicas de la Parte CA concederán a la Parte UE un contingente conjunto de 900 toneladas por año, con un crecimiento anual de 45 toneladas, para las mercancías ingresadas de conformidad con la letra c). La cantidad ingresada dentro del contingente estará libre de aranceles aduaneros en cualquier momento del año calendario.
  • b)Los aranceles aduaneros sobre las mercancías ingresadas en cantidades agregadas en exceso del contingente establecido en la letra a) se eliminarán de acuerdo con las disposiciones de la categoría H del apartado 3, letra k), de la sección A del anexo I.
  • c)Las letras a) y b) se aplican a las siguientes fracciones arancelarias de la lista de las Repúblicas de la Parte CA: 0210.11.00, 0210.12.00 y 0210.19.00 del SAC 2007.

(*) (Nota de Sinalevi: Mediante el aparte 17) sub aparte e.i) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó indicar lo siguiente: "(e) Apéndice 1 - Contingentes arancelarios de importación de las Repúblicas de la Parte CA i. Contingentes conjuntos:

") (*)4. Leche en Polvo:

  • a)Cada República de la Parte CA concederá a la Parte UE un contingente para las mercancías ingresadas de conformidad con las letras b) y d). El volumen para el año uno y el crecimiento anual sucesivo a partir del año dos para cada República de la Parte CA se detallan a continuación:
Toneladas año unoCrecimiento por año, en toneladas
Costa Rica20010
El Salvador20010
Guatemala40020
Honduras40020
Nicaragua20010
Panamá50025
  • b)Dentro de este contingente, la cantidad agregada de las mercancías ingresadas bajo las fracciones arancelarias establecidas en la letra d) estará libre de aranceles aduaneros en cualquier año calendario y no excederá de las cantidades especificadas en la tabla de la letra a) para la Parte UE, para cada año.
  • c)Los aranceles aduaneros sobre las mercancías ingresadas en cantidades agregadas en exceso de las cantidades establecidas en la letra a) se aplicarán de conformidad con las disposiciones de la categoría F del apartado 3, letra i), de la sección A del anexo I.
  • d)Las letras a), b) y c) se aplican a las siguientes fracciones arancelarias de la lista de las Repúblicas de la Parte CA: 0402.10.00, 0402.21.11, 0402.21.12, 0402.21.21, 0402.21.22 y 0402.29.00 del SAC 2007.

(*) (Nota de Sinalevi: Mediante el aparte 17) sub aparte e.ii) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó indicar en relación al apartado 4) anterior lo siguiente: "ii. Contingentes individuales - leche en polvo (apéndice 1, apartado 4):

") 5. Lactosuero:

  • a)Las Repúblicas de la Parte CA concederán a la Parte UE un contingente conjunto de 100 toneladas por año, con un crecimiento anual de 10 toneladas, para las mercancías ingresadas de conformidad con la letra c). La cantidad ingresada dentro del contingente estará libre de aranceles aduaneros en cualquier momento del año calendario.
  • b)Los aranceles aduaneros sobre las mercancías ingresadas en cantidades agregadas en exceso del contingente establecido en la letra a) se eliminarán de acuerdo con las disposiciones de la categoría B del apartado 3, letra b), de la sección A del anexo I.
  • c)Las letras a) y b) se aplican a las siguientes fracciones arancelarias de la lista de las Repúblicas de la Parte CA: 0404.90.00 (excepto leche deslactosada) del SAC 2007.

(*)6. Queso:

  • a)Cada República de la Parte CA concederá a la Parte UE un contingente para las mercancías ingresadas de conformidad con las letras b) y d). El volumen para el año uno y el crecimiento anual sucesivo a partir del año dos para cada República de la Parte CA se detallan a continuación:
Toneladas año unoCrecimiento por año, en toneladas
Costa Rica31716
El Salvador58329
Guatemala60030
Honduras50025
Nicaragua40020
Panamá60030
  • b)Dentro de este contingente, la cantidad agregada de las mercancías ingresadas bajo las fracciones arancelarias establecidas en la letra d) estará libre de aranceles aduaneros en cualquier año calendario y no excederá de las cantidades especificadas en la tabla de la letra a) para la Parte UE, para cada año.
  • c)Los aranceles aduaneros sobre las mercancías ingresadas en cantidades agregadas en exceso de las cantidades establecidas en la letra a) se aplicarán de conformidad con las disposiciones de la categoría F del apartado 3, letra i), de la sección A del anexo I.
  • d)Las letras a), b) y c) se aplican a las siguientes fracciones arancelarias de la lista de las Repúblicas de la Parte CA: 0406.20.90, 0406.30.00, 0406.90.10, 0406.90.20 y 0406.90.90 del SAC 2007.

(*) (Nota de Sinalevi: Mediante el aparte 17) sub aparte e.iii) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó indicar en relación al apartado 6) anterior lo siguiente: "iii. Contingentes individuales - quesos (apéndice 1, apartado 6):

") 7. Carne porcina preparada o en conserva:

  • a)Las Repúblicas de la Parte CA concederán a la Parte UE un contingente conjunto de 900 toneladas por año, con un crecimiento anual de 45 toneladas, para las mercancías ingresadas de conformidad con la letra c). La cantidad ingresada dentro del contingente estará libre de aranceles aduaneros en cualquier momento del año calendario.
  • b)Los aranceles aduaneros sobre las mercancías ingresadas en cantidades agregadas en exceso del contingente establecido en la letra a) se eliminarán de acuerdo con las disposiciones de la categoría H del apartado 3, letra k), de la sección A del anexo I.
  • c)Las letras a) y b) se aplican a las siguientes fracciones arancelarias de la lista de las Repúblicas de la Parte CA: 1602.41.00, 1602.42.00 y 1602.49.90 del SAC 2007.

(Nota de Sinalevi: Mediante el aparte 17) sub aparte a, b, c, d) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó indicar que en relación al apéndice 1) anterior lo siguiente: "(a) En los apéndices 1 y 2 del Anexo 1, la información relativa a los volúmenes de los contingentes arancelarios de importación y, cuando sea aplicable, los volúmenes de aumento anual, se sustituyen por los contingentes y volúmenes establecidos en las tablas siguientes.

(b) En dichas tablas:

i. los volúmenes de contingentes arancelarios de importación aplicables para 2019 serán los estipulados en el título "contingente 2019"; y ii. para los contingentes arancelarios de importación que aumentan con el tiempo, el volumen de los años posteriores se calculará de acuerdo con la cifra de "Aumento anual".

(c) Si el presente Acuerdo entra en vigor en 2020 o en un año posterior, para los contingentes arancelarios de importación que aumentan con el tiempo, el volumen aplicable durante el año en que entre en vigor el Acuerdo se calculará combinando los valores del "contingente 2019" y el "aumento anual" según sea aplicable para cada año posterior a 2019 hasta el año de la entrada en vigor inclusive.

(d) Para evitar dudas, si el presente Acuerdo entra en vigor una vez iniciado el plazo de un contingente, los contingentes arancelarios de importación se aplicarán de manera prorrateada de conformidad con el Anexo 1, sección A, apartado 9.") APENDICE 2 CONTINGENTES ARANCELARIOS DE IMPORTACIÓN DE LA PARTE UE 1. El presente apéndice incluye los contingentes arancelarios de importación para las mercancías originarias de Centroamérica bajo la categoría de desgravación "Q" de la lista de la Parte UE. La Parte UE administrará estos contingentes arancelarios de acuerdo con sus regulaciones nacionales.

2. Las importaciones dentro de los contingentes arancelarios establecidos en los apartados 8 a 11 del presente apéndice estarán sujetas a la presentación de un certificado de por la autoridad competente de la República de la Parte CA pertinente.

3. Las Repúblicas de la Parte CA acordarán entre sí la distribución de los contingentes arancelarios regionales establecidos en los apartados 8 al 11 del presente apéndice y, sobre dicha base, cada República de la Parte CA emitirá los certificados de exportación correspondientes.

4. Ajo:

  • a)La Parte UE concederá a las Repúblicas de la Parte CA un contingente de 550 toneladas por año para las mercancías ingresadas de conformidad con la letra c). La cantidad ingresada dentro del contingente estará libre de aranceles aduaneros en cualquier momento del año calendario.
  • b)Los aranceles aduaneros sobre las mercancías ingresadas en cantidades agregadas en exceso del contingente establecido en la letra a), se aplicarán de acuerdo con las disposiciones de la categoría F del apartado 3, letra i), de la sección A del anexo I (Eliminación de aranceles aduaneros).
  • c)Las letras a) y b) se aplican a la siguiente fracción arancelaria de la lista de la Parte UE: 0703 20 00.

5. Fécula de yuca:

  • a)La Parte UE concederá a las Repúblicas de la Parte CA un contingente de 5 000 toneladas por año para las mercancías ingresadas de conformidad con la letra c). La cantidad ingresada dentro del contingente estará libre de aranceles aduaneros en cualquier momento del año calendario.
  • b)Los aranceles aduaneros sobre las mercancías ingresadas en cantidades agregadas en exceso del contingente establecido en la letra a) se aplicarán de acuerdo con las disposiciones de la categoría F del apartado 3, letra i), de la sección A del anexo I (Eliminación de aranceles aduaneros).
  • c)Las letras a) y b) se aplican a la siguiente fracción arancelaria de la lista de la Parte UE: 1108 14 00.

6. Maíz dulce:

  • a)La Parte UE concederá a las Repúblicas de la Parte CA una cuota de 1 440 toneladas por año, con un crecimiento anual de 120 toneladas, para las mercancías ingresadas de conformidad con la letra c). La cantidad ingresada dentro del contingente estará libre de aranceles aduaneros en cualquier momento del año calendario.
  • b)Los aranceles aduaneros sobre las mercancías ingresadas en cantidades agregadas en exceso del contingente establecido en la letra a) se aplicarán de acuerdo con las disposiciones de la categoría J del apartado 3, letra m), de la sección A del anexo I (Eliminación de aranceles aduaneros).
  • c)Las letras a) y b) se aplican a las siguientes fracciones arancelarias de la lista de la Parte UE: 0710 40 00, 0711 90 30, 2001 90 30, 2004 90 10 y 2005 80 00.

7. Hongos:

  • a)La Parte UE concederá a las Repúblicas de la Parte CA un contingente de 275 toneladas por año para las mercancías ingresadas de conformidad con la letra c). La cantidad ingresada dentro del contingente estará libre de aranceles aduaneros en cualquier momento del año calendario.
  • b)Los aranceles aduaneros sobre las mercancías ingresadas en cantidades agregadas en exceso del contingente establecido en la letra a) se aplicarán de acuerdo con las disposiciones de la categoría J del apartado 3, letra m), de la sección A del anexo I (Eliminación de aranceles aduaneros).
  • c)Las letras a) y b) se aplican a las siguientes fracciones arancelarias de la lista de la Parte UE: 0711 51 00, 2003 10 20 y 2003 10 30.

8. Carne de bovino:

  • a)La Parte UE concederá exclusivamente a Nicaragua un contingente de 500 toneladas (equivalente de peso en canal) por año, con un crecimiento anual de 25 toneladas. La cantidad ingresada dentro del contingente estará libre de aranceles aduaneros en cualquier momento del año calendario.
  • b)Adicionalmente, la Parte UE concederá a las Repúblicas de la Parte CA un contingente regional de 9 500 toneladas (equivalente de peso en canal) por año, con un crecimiento anual de 475 toneladas. La cantidad ingresada dentro del contingente estará libre de aranceles aduaneros en cualquier momento del año calendario.
  • c)Los aranceles aduaneros sobre las mercancías ingresadas en cantidades agregadas en exceso de los contingentes establecidos en las letras a) y b) se aplicarán de acuerdo con las disposiciones de la categoría F del apartado 3, letra i), de la sección A del anexo I (Eliminación de aranceles aduaneros).
  • d)Las letras a), b) y c) se aplican a las siguientes fracciones arancelarias de la lista de la Parte UE: 0201 10 00, 0201 20 20, 0201 20 30, 0201 20 50, 0201 20 90, 0201 30 00, 0202 10 00, 0202 20 10, 0202 20 30, 0202 20 50, 0202 20 90, 0202 30 10, 0202 30 50 y 0202 30 90.

9. Azúcar, incluido el azúcar orgánico, y mercancías con alto contenido de azúcar:

  • a)La Parte UE concederá exclusivamente a Panamá un contingente de 12 000 toneladas de equivalente en azúcar crudo56 por año, con un crecimiento anual de 360 toneladas. La cantidad ingresada dentro del contingente estará libre de aranceles aduaneros en cualquier momento del año calendario.

56 El azúcar crudo de calidad estándar será azúcar con un rendimiento de 92 por ciento en azúcar blanco.

  • b)Adicionalmente, la Parte UE concederá a las Repúblicas de la Parte CA, excepto a Panamá, un contingente regional de 150 000 toneladas de equivalente en azúcar crudo57 por año, con un crecimiento anual de 4 500 toneladas. La cantidad ingresada dentro del contingente estará libre de aranceles aduaneros en cualquier momento del año calendario.

57 El azúcar crudo de calidad estándar será azúcar con un rendimiento de 92 por ciento en azúcar blanco.

  • c)Los aranceles aduaneros sobre las mercancías ingresadas en cantidades agregadas en exceso de los contingentes establecidos en las letras a) y b) se aplicarán de acuerdo con las disposiciones de la categoría F del apartado 3, letra i), de la sección A del anexo I (Eliminación de aranceles aduaneros), para las fracciones arancelarias indicadas en la letra d), inciso i); y de acuerdo con las disposiciones de la categoría J del apartado 3, letra m), de la sección A del anexo I (Eliminación de aranceles aduaneros), para las fracciones arancelarias indicadas en la letra d), inciso ii).
  • d)Las letras a), b) y c) se aplican a las siguientes fracciones arancelarias de la lista de la Parte UE:

i . 1701 11 10, 1701 11 90, 1701 91 00, 1701 99 10, 1701 99 90, 1702 30 10, 1702 30 51, 1702 30 59, 1702 30 91, 1702 30 99, 1702 40 90, 1702 90 30, 1702 90 50, 1702 90 71, 1702 90 75, 1702 90 79, 1702 90 80 y 1702 90 99.

ii. 1702 50 00, 1704 90 99, 1806 10 30, 1806 10 90, 1806 20 95ex2, 1806 90 90ex2, 1901 90 99, 2006 00 31, 2006 00 38, 2007 91 10, 2007 99 20, 2007 99 31, 2007 99 33, 2007 99 35, 2007 99 39, 2009 11 11ex2, 2009 11 91, 2009 19 11ex2, 2009 19 91, 2009 29 11ex2, 2009 29 91, 2009 39 11ex2, 2009 39 51, 2009 39 91, 2009 49 11ex2, 2009 49 91, 2009 80 11ex2, 2009 80 35ex2, 2009 80 61, 2009 80 86, 2009 90 11ex2, 2009 90 21ex2, 2009 90 31, 2009 90 71, 2009 90 94, 2101 12 98ex2, 2101 20 98ex2, 2106 90 98ex2 y 3302 10 29.

10. Arroz:

  • a)La Parte UE concederá a las Repúblicas de la Parte CA un contingente regional de 20 000 toneladas por año, con un crecimiento anual de 1 000 toneladas. La cantidad ingresada dentro del contingente estará libre de aranceles aduaneros en cualquier momento del año calendario.
  • b)Los aranceles aduaneros sobre las mercancías ingresadas en cantidades agregadas en exceso del contingente establecido en la letra a) se aplicarán de acuerdo con las disposiciones de la categoría F del apartado 3, letra i), de la sección A del anexo I (Eliminación de aranceles aduaneros).
  • c)Las letras a) y b) se aplican a las siguientes fracciones arancelarias de la lista de la Parte UE: 1006 20 15, 1006 20 17, 1006 20 96, 1006 20 98, 1006 30 25, 1006 30 27, 1006 30 46, 1006 30 48, 1006 30 65, 1006 30 67, 1006 30 96 y 1006 30 98.

11. Ron a granel:

  • a)La Parte UE concederá exclusivamente a Panamá un contingente de 1 000 hl (equivalente en alcohol puro) por año, con un crecimiento anual de 50 hl. La cantidad ingresada dentro del contingente estará libre de aranceles aduaneros en cualquier momento del año calendario.
  • b)Adicionalmente, la Parte UE concederá a las Repúblicas de la Parte CA, excepto Panamá, un contingente regional de 7 000 hl (equivalente en alcohol puro) por año, con un crecimiento anual de 300 hl. La cantidad ingresada dentro del contingente estará libre de aranceles aduaneros en cualquier momento del año calendario.
  • c)Los aranceles aduaneros sobre las mercancías ingresadas en cantidades agregadas en exceso de los contingentes establecidos en las letras a) y b), se aplicarán de acuerdo con las disposiciones de la categoría F del apartado 3, letra i), de la sección A del anexo I (Eliminación de aranceles aduaneros).
  • d)Las letras a), b) y c) se aplican a las siguientes fracciones arancelarias de la lista de la Parte UE: 2208 40 51 y 2208 40 99.

(Nota de Sinalevi: Mediante el aparte 17) sub aparte a, b, c, d) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó indicar que en relación al apéndice 2) anterior lo siguiente: "(a) En los apéndices 1 y 2 del Anexo 1, la información relativa a los volúmenes de los contingentes arancelarios de importación y, cuando sea aplicable, los volúmenes de aumento anual, se sustituyen por los contingentes y volúmenes establecidos en las tablas siguientes.

(b) En dichas tablas:

i. los volúmenes de contingentes arancelarios de importación aplicables para 2019 serán los estipulados en el título "contingente 2019"; y ii. para los contingentes arancelarios de importación que aumentan con el tiempo, el volumen de los años posteriores se calculará de acuerdo con la cifra de "Aumento anual".

(c) Si el presente Acuerdo entra en vigor en 2020 o en un año posterior, para los contingentes arancelarios de importación que aumentan con el tiempo, el volumen aplicable durante el año en que entre en vigor el Acuerdo se calculará combinando los valores del "contingente 2019" y el "aumento anual" según sea aplicable para cada año posterior a 2019 hasta el año de la entrada en vigor inclusive.

(d) Para evitar dudas, si el presente Acuerdo entra en vigor una vez iniciado el plazo de un contingente, los contingentes arancelarios de importación se aplicarán de manera prorrateada de conformidad con el Anexo 1, sección A, apartado 9.") (*) (Nota de Sinalevi: Mediante el aparte 17) sub aparte f), i, ii, iiii) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó indicar en relación al al apéndice 2) anterior lo siguiente: "(f) Apéndice 2: Contingentes arancelarios de importación del Reino Unido i. Contingentes conjuntos:

iii. Contingentes conjuntos aplicables a todas las Repúblicas de la Parte CA salvo Panamá:

iii. Contingentes individuales:

") APENDICE 3 TRATAMIENTO ESPECIAL PARA EL BANANO Al producto agrícola originario de Centroamérica, clasificado en el código arancelario 0803.00.19 de la Nomenclatura Combinada (Bananas o plátanos frescos, con exclusión de los plátanos hortaliza) y establecido en la categoría "ST" en la lista de la Parte UE, le será aplicado el siguiente arancel aduanero preferencial:

| Año | Arancel aduanero preferencial | Volumen importado de activación, en toneladas | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | | | (EUR/TM) | Costa Rica | Panamá | Honduras | Guatemala | Nicaragua | El Salvador | | Hasta el 31 de diciembre de 2010 | 145 | 1025000 | 375000 | 50000 | 50000 | 10000 | 200 | | 1.1-31.12.2011 | 138 | 1076250 | 393750 | 52500 | 52500 | 10500 | 2100 | | 1.1-31.12.2012 | 131 | 1127500 | 412500 | 55000 | 55000 | 11000 | 2200 | | 1.1-31.12.2013 | 124 | 1178750 | 431250 | 57500 | 57500 | 11500 | 2300 | | 1.1-31.12.2014 | 117 | 1230000 | 450000 | 60000 | 60000 | 12000 | 2400 | | 1.1-31.12.2015 | 110 | 1281250 | 468750 | 62500 | 62500 | 12500 | 2500 | | 1.1-31.12.2016 | 103 | 1332500 | 487500 | 65000 | 65000 | 13000 | 2600 | | 1.1-31.12.2017 | 96 | 1383750 | 506250 | 67500 | 67500 | 13500 | 2700 | | 1.1-31.12.2018 | 89 | 1435000 | 525000 | 70000 | 70000 | 14000 | 2800 | | 1.1-31.12.2019 | 82 | 1486250 | 543750 | 72500 | 72500 | 14500 | 2900 | | 1.1.2020 y en adelante | 75 | No se aplica | No se aplica | No se aplica | No se aplica | No se aplica | No se aplica | 2. Los aranceles aduaneros preferenciales indicados en la tabla anterior se aplicarán a partir de la fecha de entrada en vigor del presente Acuerdo. Los aranceles no se reducirán de forma retroactiva.

3. En 2019 las Partes examinarán una mejora en la liberalización arancelaria del banano.

4. Una cláusula de estabilización se basará en los siguientes elementos:

  • a)Se establece un volumen de activación para las importaciones procedentes de las Repúblicas de la Parte CA para cada año durante el periodo de transición, según se indica en la tabla anterior. El volumen de activación se aplicará individualmente a las Repúblicas de la Parte CA, según se establece en la tabla anterior58.

58 A efectos del registro de importaciones que deben ser tomadas en consideración para los volúmenes de activación establecidos en el apartado 1, la Parte UE exigirá la presentación de un certificado expedido por la autoridad competente de la República de la Parte CA b) Una vez que se alcance este volumen de importación durante un año calendario, la Parte UE puede suspender temporalmente el arancel aduanero preferencial establecido en la tabla anterior por un periodo de tiempo no superior a tres meses, que no se prolongará más allá del final del año calendario.

  • c)En caso de que suspenda dicho arancel aduanero preferencial, la Parte UE aplicará la tasa base (según su lista) o el arancel NMF que se aplique en el momento en que se tome esta medida, si este es menor.
  • d)En caso de que aplique las acciones mencionadas en las letras b) y c), la Parte UE deberá iniciar de inmediato consultas con las Repúblicas de la Parte CA para analizar y evaluar la situación sobre la base de los datos factuales disponibles.
  • e)Las medidas mencionadas en las letras b) o c) solo serán aplicables durante el periodo de transición.

Lista de la Parte UE Lista de las Republicas de la Parte CA Lista de Panama

RELATIVO A LA DEFINICIÓN DEL CONCEPTO DE "PRODUCTOS ORIGINARIOS" Y MÉTODOS DE COOPERACIÓN ADMINISTRATIVA ÍNDICE

ANEXO I

SECCIÓN A

SECCIÓN B

ANEXO II

TÍTULO I

DISPOSICIONES GENERALES

1

DEFINICIÓN DEL CONCEPTO DE "PRODUCTOS ORIGINARIOS"

TÍTULO II

2
3
4
5
6
7
8
9
10

REQUISITOS TERRITORIALES

TÍTULO III

11
12
13

PRUEBA DE ORIGEN

TÍTULO IV

14
15
16
17
18

sobre la base de una prueba de origen expedida o elaborada previamente

19
20
21
22
23
24
25
26
27
28

TÍTULO V

DISPOSICIONES DE COOPERACIÓN ADMINISTRATIVA

29
30
31
32
33

CEUTA Y MELILLA

TÍTULO VI

34
35

TÍTULO VII

DISPOSICIONES FINALES

36
37
38
39

Lista de apéndices Apéndice 1: Notas introductorias del anexo II Apéndice 2: Lista de las elaboraciones o transformaciones que deben aplicarse a los materiales no originarios para que el producto transformado pueda obtener el carácter originario Apéndice 2 A: Addendum de la lista de las elaboraciones o transformaciones que deben aplicarse a los materiales no originarios para que el producto transformado pueda obtener el carácter originario Apéndice 3: Ejemplares de certificado de circulación de mercancías EUR.1 y solicitud de certificado de circulación de mercancías EUR.1 Apéndice 4: Declaración en factura Apéndice 5: Periodo de tiempo para la presentación de una declaración en factura o reembolso de los aranceles según establecen el

19

Apéndice 6: Importes mencionados en el artículo 19, apartado 1, letra b), y el artículo 24, apartado 3, del anexo II, Relativo a la definición del concepto de "productos originarios" y métodos de cooperación administrativa DECLARACIONES CONJUNTAS (INCLUIDAS AL FINAL DEL PRESENTE ACUERDO) Declaración Conjunta relativa al Principado de Andorra Declaración Conjunta relativa a la República de San Marino Declaración Conjunta relativa a excepciones Declaración Conjunta relativa a la revisión de las normas de origen contenidas en el anexo II (Relativo a la definición del concepto de "productos originarios" y métodos de cooperación administrativa) Declaración Conjunta relativa a la revisión de las normas de origen aplicables a los productos de los capítulos 61 y 62 del Sistema Armonizado Declaración Conjunta relativa al uso temporal de materiales no originarios adicionales para productos de los capítulos 61 y 62 del Sistema Armonizado

TÍTULO I

DISPOSICIONES GENERALES

1

Definiciones A efectos del presente anexo59:

59 A no ser que el presente anexo establezca otra cosa, las referencias hechas a los artículos se entenderán hechas a los artículos del presente anexo.

  • a)"capítulos", "partidas" y "subpartidas" significa los capítulos, las partidas (códigos de cuatro dígitos) y las subpartidas (códigos de seis dígitos) utilizados en la nomenclatura que constituye el Sistema Armonizado (SA); b) "clasificado" se refiere a la clasificación de un producto o material en una partida determinada; c) "autoridad pública competente" se refiere a:

las autoridades aduaneras de los Estados miembros de la Unión Europea; 59 A no ser que el presente anexo establezca otra cosa, las referencias hechas a los artículos se entenderán hechas a los artículos del presente anexo.

Para Costa Rica, la Promotora del Comercio Exterior de Costa Rica (Procomer), o su sucesor; Para El Salvador, el Centro de Tramites de Importaciones y Exportaciones del Banco Central de Reserva (CIEX-BCR) para la expedición de un certificado de circulación de mercancías EUR.1, verificación de las pruebas de origen para las la Dirección General de Aduanas (DGA) del Ministerio de Hacienda para la verificación de las pruebas de origen para las importaciones, o sus sucesores; Para Guatemala, la Dirección de Administración del Comercio Exterior del Ministerio de Economía para la expedición de un certificado de circulación de mercancías EUR.1, para otorgar el carácter de exportador autorizado y para la verificación de las pruebas de origen, o su sucesor; Para Honduras, la Dirección General de Integración Económica y Política Comercial de la Secretaría de Estado en los Despachos de Industria y Comercio para la expedición de un certificado de circulación de mercancías EUR.1, para otorgar el carácter de sucesor; Para Nicaragua, el Centro de Trámites de las Exportaciones (Cetrex) del Ministerio de Fomento, Industria y Comercio (MIFIC) para la expedición de un certificado de circulación de mercancías EUR.1, la verificación de las pruebas de origen para las exportaciones y para otorgar el carácter de exportador autorizado; y la Dirección General de Servicios Aduaneros (DGA) para la verificación de las pruebas de origen para la importación, o sus sucesores; y Para Panamá, el Ministerio de Comercio e Industrias para la expedición de un certificado de circulación de mercancías EUR.1 y la Autoridad Nacional de Aduanas para la verificación de las pruebas de origen y otorgar la condición de exportador autorizado, o sus sucesores; d) "envío" significa los productos que se envían ya sea simultáneamente de un exportador a un consignatario, o bien al amparo de un documento único de transporte que cubra su envío del exportador al consignatario o, a falta de dicho documento, al amparo de una factura única; e) "valor en aduana" significa el valor calculado de conformidad con el Acuerdo de la OMC relativo a la Aplicación del artículo VII del Acuerdo General sobre Aranceles Aduaneros y Comercio de 1994 (en adelante, el "Acuerdo sobre Valoración en Aduanas"); f) "precio franco fábrica" significa el precio franco fábrica del producto pagado al fabricante en la Parte en la cual haya tenido lugar la última elaboración o transformación, siempre que este precio incluya al menos el valor de todos los materiales utilizados, previa deducción de cualquiera de los impuestos internos que sean o puedan ser devueltos o reembolsados cuando se exporte el producto obtenido; g) "mercancías" significa tanto los materiales como los productos; h) "fabricación" significa cualquier tipo de elaboración o transformación, incluso el ensamblaje o las operaciones específicas; i) "material" significa cualquier ingrediente, materia prima, componente o pieza, entre otros, utilizada en la fabricación del producto; j) "producto" significa el producto fabricado, incluso en el caso de que esté prevista su utilización posterior en otra operación de fabricación; k) "valor de los materiales" significa el valor en aduana en el momento de la importación de los materiales no originarios utilizados, o, si no se conoce o no puede determinarse dicho valor, el primer precio verificable pagado por los materiales en la Parte; l) "valor de los materiales originarios" significa el valor de dichos materiales de conformidad con lo especificado en la letra k), aplicado mutatis mutandis.

DEFINICIÓN DEL CONCEPTO DE "PRODUCTOS ORIGINARIOS"

TÍTULO II

2

Requisitos generales 1. A efectos de la aplicación del título II (Comercio de mercancías) de la parte IV del presente Acuerdo, los siguientes productos se considerarán originarios de la Unión Europea:

  • a)los productos enteramente obtenidos en la Unión Europea de conformidad con el artículo 4; b) los productos obtenidos en la Unión Europea que incorporen materiales que no hayan sido enteramente obtenidos allí, siempre que tales materiales hayan sido objeto de elaboración o transformación suficiente en la Unión Europea de conformidad con el artículo 5.

2. A los efectos de la aplicación del título II (Comercio de mercancías) de la parte IV del presente Acuerdo, los siguientes productos se considerarán originarios de Centroamérica:

  • a)los productos enteramente obtenidos en Centroamérica de conformidad con el artículo 4; b) los productos obtenidos en Centroamérica que incorporen materiales que no hayan sido enteramente obtenidos allí, siempre que tales materiales hayan sido objeto de elaboración o transformación suficiente en Centroamérica de conformidad con el artículo 5.
3

Acumulación de origen 1. Los materiales originarios de la Unión Europea se considerarán como materiales originarios de Centroamérica cuando se incorporen a un producto obtenido allí. No será necesario que estos materiales hayan sido objeto de elaboraciones o transformaciones suficientes, a condición de que hayan sido objeto de elaboraciones o transformaciones que vayan más allá de las mencionadas en el artículo 6.

2. Los materiales originarios de Centroamérica se considerarán como materiales originarios de la Unión Europea cuando se incorporen a un producto obtenido allí. No será necesario que estos materiales hayan sido objeto de elaboraciones o transformaciones suficientes, a condición de que hayan sido objeto de elaboraciones o transformaciones que vayan más allá de las mencionadas en el artículo 6.

3. No obstante lo dispuesto en los apartados 1 y 2, los materiales originarios de Bolivia, Colombia, Ecuador, Perú o Venezuela se considerarán como materiales originarios de Centroamérica cuando se procesen o se incorporen a un producto obtenido allí60.

60 En caso de que uno de los países mencionados en el presente apartado deje de ser beneficiario del trato arancelario preferencial en el mercado de la Unión Europea, impidiendo a Centroamérica la acumulación de materias con arreglo al presente artículo, la Unión Europea deberá tomar todas las medidas compatibles con las obligaciones de la OMC necesarias para asegurarse de que Centroamérica mantenga el mismo nivel de flexibilidad al que tiene derecho según el artículo 3. Después de recibir una solicitud conforme a esta disposición, la Unión Europea deberá, sin demora injustificada, informar a las Repúblicas de la Parte CA afectadas sobre las acciones tomadas con el fin de garantizar una continuación de las posibilidades de acumulación previstas en el presente artículo.

(Nota de Sinalevi: Mediante el aparte 18) sub aparte a) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó indicar que el pie de página anterior no se incorpora al Acuerdo anteriormente referido) 4. Con el fin de que los productos contemplados en el apartado 3 adquieran el carácter originario, no será necesario que los materiales hayan sido objeto de elaboraciones o transformaciones suficientes, siempre que:

  • a)la elaboración o transformación de los materiales realizada en Centroamérica vaya más allá de las operaciones contempladas en el artículo 6; b) los materiales sean originarios de uno de los países que figuran en el apartado 3, en aplicación de normas de origen idénticas a las aplicables si dichos materiales fueran exportados directamente a la Unión Europea; y c) los acuerdos vigentes entre Centroamérica y los demás países contemplados en el apartado 3 permitan procedimientos de cooperación administrativa adecuados para asegurar la plena implementación del presente apartado, así como de la certificación y la verificación del carácter originario de los productos61.

61 Los Acuerdos contemplados en el presente apartado han sido cumplidos y notificados a la Unión Europea. La referencia de la notificación fue publicada el 29.5.2003 en el DO L 134, p. 1.

(Nota de Sinalevi: Mediante el aparte 18) sub aparte a) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó indicar que el pie de página anterior no se incorpora al Acuerdo anteriormente referido) 5. El carácter originario de los materiales exportados desde uno de los países contemplados en el apartado 3 a Centroamérica, para ser utilizados en la elaboración o transformación será establecido mediante una prueba de origen en virtud de la cual estos materiales pueden ser exportados directamente a la Unión Europea.

6. La prueba del carácter originario, adquirida de conformidad con los términos del apartado 4, de las mercancías exportadas hacia la Unión Europea será establecida mediante un certificado de circulación de mercancías EUR.1 expedido o una declaración en factura realizada en el país exportador, de conformidad con las disposiciones del título IV (Prueba de origen) del presente anexo. Estos documentos deberán llevar la mención "acumulación con (nombre del país)".

7. A solicitud de una República de la Parte CA o de la Unión Europea, los materiales originarios de México, Sudamérica o los países del Caribe serán considerados como materiales originarios de Centroamérica o de la Unión Europea respectivamente, cuando se procesen o se incorporen a un producto obtenido allí.

8. La solicitud será dirigida al Subcomité de Aduanas, Facilitación del Comercio y Normas de Origen, de conformidad con el artículo 123 del capítulo 3 (Aduanas y facilitación del comercio) del título II de la parte IV del presente Acuerdo.

9. Con el fin de que los productos contemplados en el apartado 7 adquieran el carácter originario, no será necesario que los materiales hayan sido objeto de elaboraciones o transformaciones suficientes, siempre que:

  • a)la elaboración o transformación de los materiales realizada en Centroamérica o en la Unión Europea vaya más allá de las operaciones mencionadas en el artículo 6; b) los materiales sean originarios de México, Sudamérica o un país del Caribe, en aplicación de normas de origen idénticas a las aplicables si dichos materiales fueran exportados directamente a la Unión Europea; c) los materiales sean originarios de México, Sudamérica o un país del Caribe, en aplicación de normas de origen idénticas a las aplicables si dichos materiales fueran exportados directamente a Centroamérica; y d) las Repúblicas de la Parte CA, la Unión Europea y el otro país o países en cuestión tengan un acuerdo sobre procedimientos de cooperación administrativa adecuados que aseguren la plena aplicación del presente apartado, así como de la certificación y la verificación del carácter originario de los productos.

10. Las Partes, de común acuerdo, notificarán al Subcomité de Aduanas, Facilitación del Comercio y Normas de Origen los materiales sujetos a las disposiciones de los apartados 7 a 12.

11. La acumulación establecida en los apartados 7, 8, 9, 10 y 12 del presente artículo podrá ser aplicada siempre que:

  • a)estén en vigor acuerdos de comercio preferencial de conformidad con el artículo XXIV del GATT de 1994 entre la no Parte en cuestión y las Repúblicas de la Parte CA y la Unión Europea, respectivamente. Esta acumulación solo se aplicará entre las Partes para las cuales estos acuerdos estén en vigor; b) los Acuerdos contemplados en la letra a) contengan disposiciones sobre acumulación equivalentes a las previstas en los apartados 7, 8, 9, 10 y 12 del presente artículo, con el fin de que las disposiciones sobre acumulación apliquen de manera recíproca entre las Repúblicas de la Parte CA, la Unión Europea y la no Parte en cuestión, respectivamente; y c) se hayan publicado anuncios que indiquen el cumplimiento de los requisitos necesarios para solicitar la acumulación de conformidad con los apartados 7, 8, 9, 10 y 12 del presente artículo en las publicaciones oficiales de las Partes y de los países no Parte en cuestión, de conformidad con sus propios procedimientos.

(Así reformado el inciso anterior por el aparte 18) sub aparte b) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") 12. Las Partes podrán establecer condiciones adicionales para la aplicación de los apartados 7 al 11.

(*)Artículo 3a Acumulación ampliada de origen 1. La acumulación ampliada de origen prevista en el presente artículo se aplicará no obstante lo estipulado en el artículo 3.

2. Los materiales originarios de la Unión Europea se considerarán como materiales originarios del Reino Unido cuando se incorporen a un producto obtenido allí. No será necesario que estos materiales hayan sido objeto de elaboraciones o transformaciones suficientes, a condición de que hayan sido objeto de elaboraciones o transformaciones que vayan más allá de las mencionadas en el artículo 6.

3. Los materiales originarios de la Unión Europea se considerarán como materiales originarios de Centroamérica cuando se incorporen a un producto obtenido allí. No será necesario que estos materiales hayan sido objeto de elaboraciones o transformaciones suficientes, a condición de que hayan sido objeto de elaboraciones o transformaciones que vayan más allá de las mencionadas en el artículo 6.

4. Sin perJuIcI0 de las disposiciones del artículo 2(1 ), la elaboración o la transformación realizada en la Unión Europea se considerará realizada en el Reino Unido si los materiales obtenidos se someten a una elaboración o transformación posterior en el Reino Unido que vaya más allá de las operaciones mencionadas en el artículo 6.

5. La acumulación prevista en el presente artículo se aplicará siempre que:

(a) los países implicados en la adquisición del carácter de originario y el país de destino tengan acuerdos de cooperación administrativa que aseguren la correcta aplicación del presente artículo; (b) los materiales y productos hayan adquirido el carácter de originarios mediante la aplicación de las mismas normas de origen que las previstas en el presente Anexo.

(*) (Así adicionado el artículo 3 a) anterior por el aparte 18) sub aparte c) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019")

4

Productos enteramente obtenidos 1. Los siguientes productos se considerarán como enteramente obtenidos en la Unión Europea o en Centroamérica:

  • a)productos minerales extraídos de su suelo o fondos marinos; b) productos vegetales cosechados o crecidos y recolectados en ellos; c) animales vivos nacidos y criados en ellos; d) productos procedentes de animales vivos criados en ellos; e) i) productos de la caza practicada en ellos; ii) productos de la pesca practicada en sus aguas continentales o dentro de las doce millas náuticas medidas a partir de las líneas de base de la Unión Europea o de las Repúblicas de la Parte CA; iii) productos de la acuicultura, incluso maricultura si los peces, crustáceos, moluscos y otros invertebrados acuáticos han nacido o han sido criados en ellos; f) productos de la pesca marítima y otros productos extraídos del mar fuera de las doce millas náuticas medidas a partir de las líneas de base de la Unión Europea o de las Repúblicas de la Parte CA por sus buques; g) productos elaborados en sus buques factoría a partir exclusivamente de los productos mencionados en la letra f); h) artículos usados recogidos en ellos, aptos únicamente para la recuperación de materias primas, incluidos los neumáticos usados que solo sirven para recauchutar o utilizar como desecho; i) desperdicios y desechos procedentes de operaciones de fabricación realizadas en ellos; j) productos extraídos del suelo o del subsuelo marino fuera de sus aguas territoriales, siempre que tengan derechos exclusivos para explotar dicho suelo o subsuelo; k) las mercancías producidas en ellos exclusivamente a partir de los productos especificados de las letras a) a j).

(*)2. Las expresiones "sus buques" y "sus buques factoría" empleadas en el apartado 1 (f) y (g), se aplicarán solamente a los buques y buques factoría que:

(a) estén registrados en el Reino Unido o en una República de la Parte CA de conformidad con la legislación nacional de cada Parte; (b) enarbolen la bandera del Reino Unido o de una República de la Parte CA; y (c) cumplan una de las siguientes condiciones:

(i) pertenezcan al menos en un 50 por ciento a nacionales del Reino Unido, de los Estados miembros de la Unión Europea o de las Repúblicas de la Parte CA; o (ii) pertenezcan a sociedades -cuya sede central y principal lugar de comercialización esté situado en el Reino Unido, en un Estado miembro de la Unión Europea o en una República de la Parte CA, y -que pertenezcan al menos en un 50 por ciento al Reino Unido, a un Estado miembro de la Unión Europea o a una República de la Parte CA, entidades públicas o nacionales de dichos Estados.

(*) (Así reformado el inciso 4.2) anterior por el aparte 18) sub aparte d) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") 3. Las condiciones del apartado 2 pueden ser cumplidas en los diferentes países mencionados en el artículo 3 de conformidad con las condiciones establecidas en el presente artículo.

(Así reformado el inciso anterior por el aparte 18) sub aparte d) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019")

5

Productos suficientemente elaborados o transformados 1. A efectos del artículo 2, se considerará que los productos que no son enteramente obtenidos han sido suficientemente elaborados o transformados cuando cumplan las condiciones establecidas en la lista del apéndice 2.

Estas condiciones indican, para todos los productos cubiertos por el Acuerdo, las elaboraciones o transformaciones que deben aplicarse sobre los materiales no originarios utilizados en la fabricación, y se aplican únicamente en relación con tales materiales. Se deduce que, si un producto que ha adquirido carácter originario al reunir las condiciones establecidas en la lista se utiliza en la fabricación de otro producto, no se le aplicarán las condiciones válidas para el producto al que se incorpora, y no se tendrán en cuenta los materiales no originarios que se hayan podido utilizar en su fabricación.

2. No obstante lo dispuesto en el apartado 1, los materiales no originarios que, de conformidad con las condiciones establecidas en la lista, no deben utilizarse en la fabricación de un producto, podrán utilizarse siempre que:

  • a)su valor total no supere el 10 por ciento del precio franco fábrica del producto; b) no se supere, por la aplicación del presente apartado, ninguno de los porcentajes indicados en la lista como valor máximo de los materiales no originarios.

Este apartado no se aplicará a los productos clasificados en los capítulos 50 a 63 del Sistema Armonizado, para los cuales se aplicará el apéndice 1. Adicionalmente, el presente apartado no se aplicará a los productos enteramente obtenidos en las Partes. Sin embargo, sin perjuicio del artículo 7, la tolerancia establecida en el presente apartado se aplica también a los materiales que se utilizan en la fabricación de un producto y para los cuales la norma establecida en la lista del apéndice 2 para dicho producto requiere que dichos materiales sean enteramente obtenidos.

3. Los apartados 1 y 2 se aplicarán conforme a lo dispuesto en el artículo 6.

6

Operaciones de elaboración o transformación insuficiente 1. No obstante lo dispuesto en el apartado 2, las siguientes operaciones se considerarán elaboraciones o transformaciones insuficientes para conferir el carácter de productos originarios, se cumplan o no los requisitos del artículo 5:

  • a)las destinadas a garantizar la conservación de los productos durante su transporte y almacenamiento; b) las divisiones o agrupaciones de bultos; c) el lavado, la limpieza; la eliminación de polvo, óxido, aceites, pintura u otros revestimientos; d) el planchado o prensado de textiles; e) operaciones de pintura y pulido simples; f) el desgranado, el blanqueo total o parcial, el pulido y el glaseado de cereales y arroz; g) operaciones de coloración o saborización del azúcar o la formación de terrones de azúcar; la molienda total o parcial de azúcar cristalizado; h) el descascarillado, la extracción de semillas o huesos y el pelado de frutas, frutos secos y legumbres; i) el afilado, la simple molienda o el simple corte; j) el tamizado, cribado, selección, clasificación, graduación, preparación de conjuntos o surtidos (incluida la formación de juegos de artículos); k) la simple colocación en botellas, latas, frascos, bolsas, estuches y cajas, o la colocación sobre cartulinas o tableros, y cualquier otra operación simple de empaquetado; l) la colocación o impresión de marcas, etiquetas, logotipos y otros signos distintivos similares en los productos o en sus empaques; m) la simple mezcla de productos, de diferentes clases o no; la mezcla de azúcar con cualquier material; n) el simple ensamblaje de partes de artículos para formar un artículo completo o el desmontaje de productos en sus piezas; o) el sacrificio de animales; p) la combinación de dos o más de las operaciones especificadas en las letras a) a o).

2. Todas las operaciones llevadas a cabo en la Unión Europea o en Centroamérica sobre un producto determinado se considerarán conjuntamente para determinar si las elaboraciones o transformaciones realizadas con dicho producto deben considerarse insuficientes en el sentido del apartado 1.

7

Unidad de calificación 1. La unidad de calificación para la aplicación de las disposiciones del presente anexo será el producto concreto considerado como la unidad básica en el momento de determinar su clasificación utilizando la nomenclatura del Sistema Armonizado.

Se considerará que:

  • a)cuando un producto compuesto por un grupo o conjunto de artículos está clasificado en una sola partida del Sistema Armonizado, el conjunto constituye la unidad de calificación; b) cuando un envío esté constituido por varios productos idénticos clasificados en la misma partida del Sistema Armonizado, cada producto deberá tenerse en cuenta individualmente para la aplicación de las disposiciones del presente anexo.

2. Cuando, de conformidad con la Regla General 5 del Sistema Armonizado, los envases estén incluidos con el producto a efectos de su clasificación, se incluirán a efectos de la determinación del origen.

8

Accesorios, piezas de repuesto y herramientas Los accesorios, piezas de repuesto y herramientas que se expidan con un equipo, máquina, aparato o vehículo que formen parte de su equipo normal y estén incluidos en su precio, o que no se facturen por separado, se considerarán parte integrante del equipo, máquina, aparato o vehículo en cuestión.

9

Conjuntos o surtidos Los conjuntos o surtidos, tal como se definen en la Regla General 3 del Sistema Armonizado, se considerarán originarios cuando todos los componentes del producto sean originarios. Sin embargo, cuando un conjunto o surtido esté compuesto por productos originarios y no originarios, se considerará originario en su conjunto si el valor de los productos no originarios no excede del 15 por ciento del precio franco fábrica del conjunto o surtido.

10

Elementos neutros Con el fin de determinar si un producto es originario, no será necesario investigar el origen de los siguientes elementos que hubieran podido utilizarse en su fabricación:

  • a)energía y combustible; b) instalaciones y equipos; c) máquinas y herramientas; d) mercancías que no entren ni se tenga previsto que entren en la composición final del producto.

REQUISITOS TERRITORIALES

TÍTULO III

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Principio de territorialidad 1. Salvo lo dispuesto en el artículo 3 a las condiciones establecidas en el título II del presente anexo, relativas a la adquisición del carácter originario, deberán cumplirse sin interrupción en la Unión Europea o en Centroamérica.

(Así reformado el inciso anterior por el aparte 18) sub aparte e) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") 2. Salvo lo dispuesto en el artículo 3 a en el caso de que las mercancías originarias exportadas desde la Unión Europea o desde Centroamérica a otro país sean devueltas, deberán considerarse no originarias, a menos que pueda demostrarse a satisfacción de las autoridades aduaneras que:

(Así reformado el inciso anterior por el aparte 18) sub aparte e) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") a) las mercancías devueltas son las mismas que fueron exportadas; y b) no han sufrido más operaciones de las necesarias para su conservación en buenas condiciones mientras se encontraban en ese país o mientras se exportan.

3. La adquisición del carácter originario de conformidad con las condiciones establecidas en el título II del presente anexo no se verá afectada por la elaboración o transformación realizadas fuera de las Partes a materiales Unión Europea o de Centroamérica y reimportados posteriormente allí, siempre que:

  • a)dichos materiales sean enteramente obtenidos en la Unión Europea o Centroamérica o sean objeto de elaboración o transformación que vayan más allá de las estipuladas en el artículo 6 antes de ser exportados; y b) pueda ser demostrado a satisfacción de las autoridades aduaneras que:
  • i)las mercancías reimportadas han sido obtenidas por elaboración o transformación de los materiales exportados; y ii) el valor agregado total adquirido fuera de las Partes por aplicación de las disposiciones del presente artículo no supere el 10 por ciento del precio franco fábrica del producto final para el cual se ha solicitado el carácter originario.

4. A efectos del apartado 3, las condiciones para adquirir el carácter originario establecidas en el título II del presente anexo no se aplicarán a la elaboración o transformación realizadas fuera de las Partes. Sin embargo si, en la lista del apéndice 2, se aplica una norma por la que se establece un valor máximo para todos los materiales no originarios incorporados al determinar el carácter originario del producto final, el valor total de los materiales no originarios incorporados en el territorio de la Parte en cuestión, tomado junto con el valor añadido total adquirido fuera de las Partes en aplicación de las disposiciones del presente artículo, no excederá el porcentaje indicado.

5. A efectos de la aplicación de las disposiciones de los apartados 3 y 4, el "valor agregado total" significará todos los costes surgidos fuera de las Partes, incluido el valor de los materiales incorporados allí.

6. Las disposiciones de los apartados 3 y 4 no se aplicarán a los productos que no cumplen las condiciones enunciadas en la lista del apéndice 2 o que pueden ser considerados suficientemente elaborados o transformados, solo si es aplicable la tolerancia general fijada en el artículo 5, apartado 2.

7. Las disposiciones de los apartados 3 y 4 no se aplicarán a los productos clasificados en los capítulos 50 a 63 del Sistema Armonizado.

8. Cualquier elaboración o transformación del tipo contemplado por las disposiciones del presente artículo y realizadas fuera de las Partes será efectuada de conformidad con el régimen de perfeccionamiento pasivo, o regímenes similares.

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Transporte directo 1. El trato arancelario preferencial dispuesto por el presente Acuerdo se aplica exclusivamente a los productos que satisfagan los requisitos del presente anexo transportados directamente entre las Partes o a través de la Unión Europea(*). No obstante, los productos pueden ser transportados a través de otros territorios, si fuera necesario, con transbordo o depósito temporal en dichos territorios, siempre que los productos hayan permanecido bajo la vigilancia de las autoridades aduaneras del país de tránsito o de depósito y que no hayan sido sometidos a operaciones distintas de las de descarga, carga o cualquier otra destinada a mantenerlos en buena condición.

(*) (Así reformado el inciso anterior por el aparte 18) sub aparte f. i) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") Los productos originarios pueden ser transportados por tubería a través de territorios diferentes a los de las Partes.

Para evitar dudas, los envíos que se transportan a través de la Unión Europea pueden someterse a operaciones como descarga, carga, división, almacenamiento, etiquetado, marcado o cualquier otra operación destinada a mantenerlos en buena condicion, siempre que permanezcan bajo la vigilancia de las autoridades aduaneras en el Estado miembro de la Unión Europea.

(Así adicionado el párrafo anterior por el aparte 18) sub aparte f. ii) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") 2. El cumplimiento de las condiciones establecidas en el apartado 1 se podrá acreditar mediante la presentación a las autoridades aduaneras de la Parte importadora de:

  • a)un documento único de transporte al amparo del cual se haya efectuado el transporte desde la Parte b) una certificación expedida por las autoridades aduaneras del país de tránsito que contenga lo siguiente:
  • i)una descripción exacta de los productos, ii) la fecha de descarga y carga de los productos y, cuando corresponda, los nombres de los buques u otros medios de transporte utilizados, y iii) las condiciones en las que permanecieron los productos en el país de tránsito; o c) en ausencia de ello, cualesquiera documentos de prueba a satisfacción de la autoridad aduanera de la Parte importadora.
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1. Los productos originarios enviados para su exposición en un país distinto de las Partes y vendidos después de la exposición para ser importados en el territorio de una Parte se beneficiarán en su importación de las disposiciones del presente Acuerdo, siempre que se demuestre a satisfacción de las autoridades aduaneras que:

  • a)estos productos han sido expedidos por un exportador desde la Unión Europea o desde una República de la Parte CA hasta el país de exposición y hayan sido expuestos en él; b) los productos han sido vendidos o cedidos de cualquier otra forma por el c) los productos han sido enviados durante la exposición o inmediatamente después en el mismo estado en el que fueron enviados a la exposición; y d) desde el momento en que fueron enviados a la exposición, los productos no han sido utilizados con fines distintos a su presentación en dicha exposición.

2. Deberá expedirse o elaborarse una prueba de origen conforme a las disposiciones del título IV del presente anexo, que se presentará a las autoridades aduaneras de la Parte importadora de la forma acostumbrada. El nombre y la dirección de la exposición deberán estar indicados en ella. Cuando sea necesario, podrán solicitarse otras pruebas documentales relativas a las condiciones en que han sido expuestos.

3. El apartado 1 se aplicará a cualquier exposición, feria o manifestación pública similar, de carácter comercial, industrial, agrícola o artesanal que no se organice con fines privados en almacenes o locales comerciales para vender productos extranjeros, y durante las cuales los productos permanezcan bajo control aduanero.

PRUEBA DE ORIGEN

TÍTULO IV

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Requisitos generales 1. Los productos originarios de la Unión Europea deberán, para su importación en Centroamérica, y los productos originarios de Centroamérica deberán, para su importación en la Unión Europea, acogerse al presente Acuerdo previa presentación de:

  • a)un certificado de circulación de mercancías EUR.1, cuyo modelo figura en el apéndice 3; o b) en los casos contemplados en el artículo 19, apartado 1, una declaración, denominada en lo sucesivo "declaración en factura", del comercial que describa los productos en cuestión con detalle suficiente para que puedan ser identificados; el texto de dicha declaración en factura figura en el apéndice 4.

(Nota de Sinalevi: Mediante resolución N° 012 del 12 de julio de 2017, se acordó aclarar del párrafo anterior la frase "cualquier otro documento comercial" en el marco del Tratado de Libre Comercio entre el Gobierno de la República de Costa Rica y el Gobierno de la República del Perú, del Acuerdo por el que se establece una Asociación entre la Unión Europea y sus Estados Miembros, por un lado, y Centroamérica, por otro (AACUE) y del Tratado de Libre Comercio entre los Estados AELC y los Estados Centroamericanos, de la siguiente manera: "1. La "declaración de origen"1 o la "declaración en factura"2 a la que se refieren los tratados de libre comercio con Perú, Unión Europea y AELC, puede ser extendida escribiendo la leyenda respectiva sobre la factura comercial, la nota de entrega, o sobre "cualquier otro documento comercial".

1Artículo 15 párrafo1.b y 19 párrafo 4 del Anexo I del Tratado de Libre Comercio entre los Estados AELC y los Estados Centroamericanos y el artículo 3.17 párrafo 5 del Tratado de Libre Comercio entre el Gobierno de la República de Costa Rica y el Gobierno de la República del Perú.

2 Artículos 14 párrafo1.b y 19 párrafo 4 del Anexo II del AACUE.

2. Que los tratados citados indican que, cuando se utilice "cualquier otro documento comercial", éste debe describir los productos en cuestión con detalle suficiente para que puedan ser identificados por la autoridad aduanera.

3. Por consiguiente, documentos como la lista de empaque o "packing list", la orden de compra o el conocimiento de embarque que acompañan la importación, califican como "cualquier otro documento comercial", siempre que los productos sean descritos con suficiente detalle para permitir su identificación.") 2. No obstante lo dispuesto en el apartado 1, en los casos especificados en el artículo 24 los productos originarios en el sentido definido en el presente anexo deberán beneficiarse del Acuerdo sin que sea necesario presentar ninguno de los documentos antes citados.

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Procedimiento de expedición de certificados de circulación de mercancías EUR.1 1. La autoridad pública competente de la Parte exportadora expedirá un certificado de circulación de mercancías EUR.1 a petición escrita del exportador o, bajo la responsabilidad de este, de su representante autorizado.

2. A tal efecto, el exportador o su representante autorizado, completará tanto el certificado de circulación de mercancías EUR.1 como el formulario de solicitud, cuyos modelos aparecen en el apéndice 3. Estos formularios deberán completarse en uno de los idiomas en los que se ha redactado el presente Acuerdo y de conformidad con las disposiciones de la legislación nacional de la Parte exportadora. Si se completan a mano, se deberá realizar con tinta y en caracteres de imprenta. La descripción de los productos deberá figurar en la casilla reservada a tal efecto sin dejar líneas en blanco. En caso de que no se llene por completo la casilla, se deberá trazar una línea horizontal debajo de la última línea de la descripción, y una línea cruzada en el espacio que quede en blanco.

3. El exportador que solicite la expedición de un certificado de circulación EUR.1 deberá poder presentar en cualquier momento, a petición de la autoridad pública competente de la Parte exportadora en la que se expida el certificado de circulación de mercancías EUR.1, toda la documentación pertinente que demuestre el carácter originario de los productos en cuestión, así como el cumplimiento de los demás requisitos del presente anexo.

(Nota de Sinalevi: De conformidad con la Decisión Nº 2/2020 del Consejo de Asociación DE-Centroamérica 14/12/20 por la que se introducen notas definición del concepto de «productos originarios» y métodos de cooperación administrativa al "Acuerdo por el que se establece una Asociación entre Centroamérica, por un lado, y la Unión Europea y sus Estados miembros, por otro"; aprobada mediante decreto ejecutivo N° 43149 del 10 de mayo de 2021, se acordó introducir una nota explicativa al punto 3) anterior. La misma se leerá de la siguiente manera: "Artículo 15, apartado 3 Documentos que acompañan a los certificados de circulación de mercancías EUR. 1 La factura relativa a mercancías exportadas bajo trato arancelario preferencial desde el territorio de una de las Partes y que acompañe a un certificado de circulación de mercancías EUR.1 podrá ser emitida en un tercer país.") 4. Un certificado de circulación de mercancías EUR.1 será expedido por la autoridad pública competente de un Estado miembro de la Unión Europea o de una República de la Parte CA si los productos en cuestión pueden ser considerados productos originarios de la Unión Europea o de Centroamérica y cumplen los demás requisitos del presente anexo.

5. Las autoridades públicas competentes que expidan los certificados de circulación de mercancías EUR.1 adoptarán todas las medidas necesarias para verificar el carácter originario de los productos y el cumplimiento de los demás requisitos del presente anexo.

A tal efecto, estarán facultadas para exigir cualquier tipo de prueba e inspeccionar la contabilidad del exportador62 o llevar a cabo cualquier otra comprobación que se considere apropiada. También se asegurarán de que se completen debidamente los formularios mencionados en el apartado 2. En particular, comprobarán si el espacio reservado para la descripción de los productos ha sido completado de tal forma que excluya toda posibilidad de adiciones fraudulentas.

62 Para mayor certeza, cada vez que se utiliza el concepto de "contabilidad" en el presente anexo o en sus apéndices, se entenderá como una referencia a los registros contables.

6. La fecha de expedición del certificado de circulación de mercancías EUR.1 será indicada en la casilla 11 del certificado.

7. Las autoridades públicas competentes expedirán un certificado de circulación de mercancías EUR.1, que se pondrá a disposición del exportador en cuanto se efectúe o esté asegurada la exportación efectiva de las mercancías.

(Nota de Sinalevi: De conformidad con la Decisión Nº 2/2020 del Consejo de Asociación DE-Centroamérica 14/12/20 por la que se introducen notas explicativas a los artículos 15, 16, 19, 20 y 30 del Anexo II Relativo a la definición del concepto de «productos originarios» y métodos de cooperación administrativa al "Acuerdo por el que se establece una Asociación entre Centroamérica, por un lado, y la Unión Europea y sus Estados miembros, por otro"; aprobada mediante decreto ejecutivo N° 43149 del 10 de mayo de 2021, se acordó introducir una nota explicativa al punto 7) anterior. La misma se leerá de la siguiente manera:" Artículo 15, apartado 7 Cuando se efectúe o esté asegurada la exportación efectiva A efectos de las autoridades competentes que considerará efectuada o asegurada mediante la presentación de la declaración de (Nota de Sinalevi: De conformidad con la Decisión Nº 2/2020 del Consejo de Asociación DE-Centroamérica 14/12/20 por la que se introducen notas explicativas a los artículos 15, 16, 19, 20 y 30 del Anexo II Relativo a la definición del concepto de «productos originarios» y métodos de cooperación administrativa al "Acuerdo por el que se establece una Asociación entre Centroamérica, por un lado, y la Unión Europea y sus Estados miembros, por otro"; aprobada mediante decreto ejecutivo N° 43149 del 10 de mayo de 2021, se acordó introducir una nota explicativa al numeral 15 anterior. La misma se leerá de la siguiente manera: "

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Certificado de circulación de mercancías EUR.1: formularios e instrucciones de llenado Número de serie EUR1 El certificado de circulación de mercancías EUR.I deberá llevar un número de serie para facilitar su identificación. El número de serie estará compuesto normalmente de letras y números. Formularios del certificado de circulación de mercancías EUR 1 Podrán aceptarse como prueba de origen los certificados de circulación de mercancías EUR.I que podrán variar en su redacción o en la colocación de las notas a pie de página, dependiendo de la autoridad pública competente expedidora, con respecto al ejemplar que aparece en el apéndice 3 (ejemplares de certificado de circulación de mercancías EUR.1 y solicitud de certificado de circulación de mercancías EUR. I) del anexo II (relativo a la definición del concepto de «productos originarios» y métodos de cooperación administrativa) del Acuerdo, siempre que las variaciones no modifiquen la información requerida en cada casilla.

1Véase el «Anexo a las notas explicativas: Términos que se refieren de manera inequívoca a la Unión Europea».

Casilla 1 Se deberán facilitar los datos completos del exportador de las mercancías (nombre, dirección completa y actualizada y país donde se origina la exportación).

Casilla 2 Certificado utilizado en los intercambios preferenciales entre A tal fin se deberá indicar:

Centroamérica; Unión Europea o UE1 ; Ceuta; Melilla; Andorra o AD; San Marino o SM.

1Véase el «Anexo a las notas explicativas: Términos que se refieren de manera inequívoca a la Unión Europea».

Casilla 3 Destinatario Llenar esta casilla es opcional. En caso de llenarse, deberán incluirse los datos del destinatario: nombre, dirección completa y actualizada y país de destino de las mercancías.

Casilla 4 País, grupo de países o territorio de donde se consideran originarios los productos Se deberá especificar el país, grupo de países o territorio de origen de las mercancías:

Centroamérica; Unión Europea o UE2; Ceuta; Melilla; Andorra o AD; San Marino o SM.

2Véase el «Anexo a las notas explicativas: Términos que se refieren de manera inequívoca a la Unión Europea».

Casilla 5 País, grupo de países o territorio de destino Se deberá indicar el país, grupo de países o territorio de la Parte importadora al que se destinan los productos: Centroamérica; Unión Europea o UE3 ; Ceuta; Melilla; Andorra o AD; San Marino o SM.

Casilla 6 Detalles de transporte Llenar esta casilla es opcional. En caso de llenarse, deberá indicarse el medio de transporte y números de guía aérea o conocimiento de embarque, con los nombres de las respectivas compañías de transporte.

Casilla 7 Observaciones Esta casilla deberá llenarse en los casos siguientes:

1 . Cuando se trate de un certificado expedido después de la exportación de las mercancías de acuerdo con el artículo 16 del anexo II del Acuerdo, se deberá indicar en esta casilla, en uno de los idiomas establecidos en el Acuerdo, la siguiente mención: «EXPEDIDO A POSTERIOR!». Además, en el caso establecido de conformidad con el artículo 1 6, apartado 1, letra b ), del anexo II el número de certificado de circulación de mercancías EUR.1 que no fue aceptado en el momento de la importación por motivos técnicos se indicará en esta casilla: «EUR.1 n° 2. Cuando se trate de un duplicado del certificado expedido de acuerdo con el artículo 17 del anexo II, se deberá indicar en esta casilla, en uno de los idiomas establecidos en el Acuerdo, la siguiente mención: «DUPLICADO» y la fecha de 3 Véase el «Anexo a las notas explicativas: Términos que se refieren de manera inequívoca a la Unión Europea».

3. En el caso de acumulación de origen con Bolivia, Colombia, Ecuador, Perú o Venezuela, en esta casilla se deberá indicar: «acumulación con (nombre del país)», de conformidad con el artículo 3 del anexo II.

4. Cuando un producto esté cubierto por una norma de origen objeto de contingentes, se deberá indicar en esta casilla la mención: «Producto originario de conformidad con el apéndice 2A del anexo 11 (relativo a la definición del concepto de» productos originarios «y métodos de cooperación administrativa)».

5. En los demás casos que se considere útil para aclarar la información del certificado de circulación de mercancías EUR. l .

Casilla 8 Número de orden; marcas y numeración; número y naturaleza de los bultos; descripción de las mercancías Se deberá facilitar la descripción de las mercancías, conforme a la descripción de la factura y proporcionar otra información, como por ejemplo: número de orden o número de ítem; marcas y numeración; número y naturaleza de los bultos (paletas, cajas, bolsas, rollos, barriles, sacos, etc.). Se podrá facilitar una descripción general de las mercancías, siempre y cuando esté relacionada con la descripción específica de la factura y exista un vínculo inequívoco entre el documento de importación y el certificado de circulación de mercancías EUR.I. En este caso se deberá indicar en esta casilla el número de la factura. Debería indicarse preferiblemente la clasificación arancelaria por lo menos a nivel de partida (código de cuatro dígitos) según el Sistema Armonizado (SA).

En el caso de mercancías sin embalar, se hará constar el número de artículos o la mención «a granel», según sea el caso.

La descripción de las mercancías deberá detallarse anteponiendo un número de orden o de ítem, sin dejar líneas o espacios en blanco, y no deberán quedar espacios vacíos entre los distintos productos indicados en el certificado. En caso de que no se llene por completo la casilla, se deberá trazar una línea horizontal debajo de la última línea de la descripción, y una línea cruzada en el espacio que quede en blanco de tal forma que sea imposible cualquier añadido posterior. Cuando la casilla sea insuficiente para incluir las precisiones necesarias para identificar los productos, especialmente en el caso de envíos grandes, el en las facturas adjuntas de los productos y, si fuera preciso, en cualquier otro documento comercial, siempre que:

  • a)indique los números de las facturas en la casilla 1 O del certificado de circulación de mercancías EUR.1; b) las facturas y, en su caso, los demás documentos comerciales vayan adjuntos firmemente al certificado antes de su presentación a la autoridad pública competente; y c) la autoridad pública competente haya sellado las facturas y, en su caso, los demás documentos comerciales, adjuntándolos a los certificados.

Casilla 9 Masa bruta (kg) u otra medida (1, m3, etc.)

Especificar la masa bruta (kg) u otra medida (litros, m3, etc.) de todas las mercancías detalladas en la casilla 8 o por separado para cada ítem (partida SA).

Casilla 10 Facturas Llenar esta casilla es opcional. En caso de llenarse, se indicará la fecha y el número o los números de la factura(s).

Casilla 11 Visado de la autoridad pública o aduanera competente Esta casilla es de uso exclusivo de la autoridad pública o aduanera competente, según corresponda en cada país, encargada de la expedición del certificado.

Casilla 12 Declaración del exportador Esta casilla es de uso exclusivo del exportador o su representante autorizado. Deberá registrar el lugar y fecha en que se elabore el certificado y ser firmada por el exportador o su representante autorizado.

El autorizan las Partes, digitalmente el certificado de circulación de mercancías EUR.1.

Al firmar el formulario, el exportador o su representante autorizado declaran que las mercancías cumplen las disposiciones del Acuerdo UE-Centroamérica.

Casilla 13 Solicitud de control y Casilla 14 Resultado de control Estas casillas son de uso exclusivo de la autoridad pública o autoridad aduanera competente en cada país, según proceda, a efectos de verificación.

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Cuando se efectúe o esté asegurada la exportación efectiva A efectos de las autoridades competentes que expidan un certificado de circulación de mercancías EUR.1, la exportación se considerará efectuada o asegurada mediante la presentación de la declaración de exportación por el

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circulación de mercancías EUR.1 1. No obstante lo dispuesto en el artículo 15, apartado 7, un certificado de circulación de mercancías EUR.1 podrá ser expedido con carácter excepcional después de la exportación de los productos a los que se refiere si:

  • a)no se expidió en el momento de la exportación por errores, omisiones involuntarias o circunstancias especiales; o b) se demuestra, a satisfacción de las autoridades públicas competentes, que un certificado de circulación de mercancías EUR.1 fue expedido pero que no fue aceptado en el momento de la importación por motivos técnicos.

(Nota de Sinalevi: De conformidad con la Decisión Nº 2/2020 del Consejo de Asociación DE- Centroamérica 14/12/20 por la que se introducen notas explicativas a los artículos 15, 16, 19, 20 y 30 del Anexo II Relativo a la definición del concepto de «productos originarios» y métodos de cooperación administrativa al "Acuerdo por el que se establece una Asociación entre Centroamérica, por un lado, y la Unión Europea y sus Estados miembros, por otro"; aprobada mediante decreto ejecutivo N° 43149 del 10 de mayo de 2021, se acordó introducir una nota explicativa al inciso b). La misma se leerá de la siguiente manera: "Artículo 16, apartado 1, letra b) Motivos técnicos 1. Podrá rechazarse un certificado de circulación de mercancías EUR. I por «motivos técnicos» cuando no se encuentre llenado conforme a las disposiciones previstas. Se trata de los casos en los que pueda presentarse posteriormente un certificado expedido a posteriori y dentro de esta categoría se incluyen, por ejemplo, las situaciones siguientes:

cuando los certificados de circulación de mercancías EUR. I se hayan expedido en formularios distintos al pactado (por ejemplo, que no lleven impreso fondo labrado, presenten diferencias importantes de tamaño o color con el modelo pactado, no lleven número de serie o vayan impresos en uno de los idiomas no autorizados); cuando no se haya llenado alguna de las casillas obligatorias del certificado de circulación de mercancías EUR. I (por ejemplo, la casilla 4); cuando el certificado de circulación de mercancías EUR. I haya sido expedido por una autoridad no competente de una de las Partes; cuando el sello utilizado no se haya notificado; cuando la fecha indicada en la casilla 11 sea anterior a la indicada en la casilla 12; cuando el ce1tificado de circulación de mercancías EUR. I carezca de sello o firma (casilla 11); cuando se presente una fotocopia o una copia del certificado de circulación de mercancías EUR. I en lugar del original; cuando la mención de las casillas 2 o 5 se refiera a un país que no sea Parte del Acuerdo; si en la casilla 8 no se ha trazado una línea horizontal debajo de la última línea de la descripción y una línea cruzada en el espacio que quede en blanco.

Procedimiento que deberá seguirse:

El documento deberá llevar la mención «Documento rechazado» en uno de los idiomas oficiales del Acuerdo, indicando el motivo o motivos del rechazo en el certificado o en otro documento expedido por las autoridades aduaneras. El certificado y, en su caso, el otro documento se devolverán a continuación al importador para que pueda conseguir que se le expida un nuevo documento a posteriori. No obstante, las autoridades aduaneras podrán conservar eventualmente una fotocopia del certificado rechazado para efectuar una verificación a posteriori o si tienen motivos para sospechar una actuación fraudulenta.

2. Sin perjuicio de lo anterior, los errores menores, discrepancias u omisiones en el llenado de un certificado de circulación de mercancías EUR. l no se considerarán motivos técnicos que justifiquen su rechazo, ya que no impiden la adquisición y apreciación de la información relevante de la prueba de origen. A modo de ejemplo, los casos siguientes no se considerarán motivos técnicos de rechazo:

errores de mecanografía, cuando no haya lugar a dudas sobre la exactitud de la información facilitada en una o varias casillas del certificado de circulación de mercancías EUR. l; la información facilitada excede el espacio disponible en la casilla; UE-AC una o más casillas se llenan con un sello, siempre que se incluya toda la información exigida (por ejemplo, la firma deberá estar escrita a mano); la unidad de medida utilizada en la casilla 9 no corresponde a la unidad de medida indicada en la factura correspondiente (por ejemplo: kilos en el certi ficado de circulación de mercancías EUR. I y metros cuadrados en la factura); no figura información sobre el documento de exportación, mencionado en la casilla 1 1, si la normativa del país o territorio de exportación no exige incluir dicha información; la fecha de expedición del certificado de circulación de mercancías EUR. l no aparece en la línea prescrita de la casilla 11, pero está claramente indicada en dicha casilla (por ejemplo, como parte del sello oficial utilizado por las autoridades competentes para sellar el certificado); no se han llenado las casillas opcionales 3, 6, 7 y 10.") 2. Para la aplicación del apartado 1, el exportador deberá indicar en su solicitud el lugar y la fecha de exportación de los productos a los que se refiere el certificado de circulación de mercancías EUR.1, y manifestar las razones de su solicitud.

3. Las autoridades públicas competentes podrán expedir a posteriori un certificado de circulación de mercancías EUR.1 solo después de verificar que la información suministrada en la solicitud del exportador coincide con la que figura en el expediente correspondiente.

(*)4. Los certificados de circulación de mercancías EUR.1 expedidos a posteriori deberán mencionar la oración "expedido a posteriori" en uno de los idiomas siguientes:

ES 'EXPEDIDO A POSTERIOR!' EN 'ISSUED RETROSPECTIVEL Y.

(*) (Así reformado el inciso 4) anterior por el aparte 18) sub aparte g) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") 5. La mención contemplada en el apartado 4 se insertará en la casilla "Observaciones" del certificado de circulación de mercancías EUR.1.

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circulación de mercancías EUR.1 1. En caso de robo, pérdida o destrucción de un certificado de circulación de mercancías EUR.1, el exportador podrá solicitar un duplicado a las autoridades públicas competentes que lo hayan expedido sobre la base de los documentos de exportación que obren en su poder.

(*)2. El duplicado expedido de esta forma deberá contener la mención "duplicado" en uno de los idiomas siguientes:

ES 'DUPLICADO' EN 'DUPLICATE".

(*) (Así reformado el inciso 2) anterior por el aparte 18) sub aparte h) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") 3. La mención contemplada en el apartado 2 se insertará en la casilla "Observaciones" del duplicado del certificado de circulación de mercancías EUR.1.

4. El duplicado, en el que deberá figurar la fecha de expedición del certificado de circulación de mercancías EUR.1 original, producirá efectos a partir de esa fecha.

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mercancías EUR. 1 sobre la base de una prueba de origen expedida o elaborada previamente Cuando los productos originarios se coloquen bajo control de una oficina aduanera de una Parte, se podrá sustituir la prueba de origen inicial por uno o varios certificados de circulación de mercancías EUR.1 a fin de enviar todos o algunos de estos productos a otro punto de la Unión Europea o de Centroamérica. El certificado o los certificados de circulación de mercancías EUR.1 sustitutivos serán expedidos por la oficina aduanera de la Parte UE bajo cuyo control se encuentren los productos o por la autoridad pública competente de las Repúblicas de la Parte CA.

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Condiciones para extender una declaración en factura 1. Una declaración en factura contemplada en el artículo 14, apartado 1, letra b), podrá extenderla:

  • a)un exportador autorizado en el sentido de lo dispuesto en el artículo 20; o b) cualquier exportador para cualquier envío constituido por uno o varios bultos que contengan productos originarios cuyo valor total no supere el importe en Euros establecidos en el apéndice 6 (Importes mencionados en el artículo 19, apartado 1, letra b), y el artículo 24, apartado 3, del anexo II, Relativo a la definición del concepto de "productos originarios" y métodos de cooperación administrativa).

(Nota de Sinalevi: De conformidad con la Decisión Nº 2/2020 del Consejo de Asociación DE-Centroamérica 14/12/20 por la que se introducen notas explicativas a los artículos 15, 16, 19, 20 y 30 del Anexo II Relativo a la definición del concepto de «productos originarios» y métodos de cooperación administrativa al "Acuerdo por el que se establece una Asociación entre Centroamérica, por un lado, y la Unión Europea y sus Estados miembros, por otro"; aprobada mediante decreto ejecutivo N° 43149 del 10 de mayo de 2021, se acordó introducir una nota explicativa al inciso anterior, la misma se leerá de la siguiente manera: "Artículo 19, apartado 1, letra b) Valor base relativo a la expedición y aceptación de declaraciones en facture realizadas por los El precio franco fábrica podrá utilizarse como valor base para decidir si una declaración en factura puede sustituir al certificado de circulación de mercancías EUR. l, con referencia al valor límite fijado en el apéndice 6 del anexo 11. Si se utiliza el precio franco fábrica como valor base, el país de importación deberá aceptar las declaraciones en factura realizadas con referencia a ese precio.

En los casos en que no exista precio franco fábrica por el hecho de que el envío sea sin cargo, el valor en aduanas establecido por las autoridades del país de importación será considerado como la base del valor límite.") 2. Podrá extenderse una declaración en factura si los productos en cuestión pueden considerarse productos originarios de la Unión Europea o de Centroamérica y cumplen los demás requisitos del presente anexo.

3. El exportador que extienda una declaración en factura deberá poder presentar en todo momento, a petición de las autoridades públicas competentes de la Parte originario de los productos en cuestión, así como el cumplimiento de los demás requisitos del presente anexo.

4. El exportador extenderá una declaración en factura escribiendo a máquina, estampando o imprimiendo sobre la factura, la nota de entrega o cualquier otro documento comercial, el texto de la declaración incluida en el apéndice 4, utilizando una de las versiones lingüísticas establecidas en ese apéndice y conforme a las disposiciones de la legislación nacional de la Parte exportadora. Si la declaración es expedida a mano, deberá escribirse con tinta y en caracteres de imprenta.

(Nota de Sinalevi: Mediante resolución N° 012 del 12 de julio de 2017, se acordó aclarar del párrafo anterior la frase "cualquier otro documento comercial" en el marco del Tratado de Libre Comercio entre el Gobierno de la República de Costa Rica y el Gobierno de la República del Perú, del Acuerdo por el que se establece una Asociación entre la Unión Europea y sus Estados Miembros, por un lado, y Centroamérica, por otro (AACUE) y del Tratado de Libre Comercio entre los Estados AELC y los Estados Centroamericanos, de la siguiente manera: "1. La "declaración de origen"1 o la "declaración en factura"2 a la que se refieren los tratados de libre comercio con Perú, Unión Europea y AELC, puede ser extendida escribiendo la leyenda respectiva sobre la factura comercial, la nota de entrega, o sobre "cualquier otro documento comercial".

1Artículo 15 párrafo1.b y 19 párrafo 4 del Anexo I del Tratado de Libre Comercio entre los Estados AELC y los Estados Centroamericanos y el artículo 3.17 párrafo 5 del Tratado de Libre Comercio entre el Gobierno de la República de Costa Rica y el Gobierno de la República del Perú.

2 Artículos 14 párrafo1.b y 19 párrafo 4 del Anexo II del AACUE.

2. Que los tratados citados indican que, cuando se utilice "cualquier otro documento comercial", éste debe describir los productos en cuestión con detalle suficiente para que puedan ser identificados por la autoridad aduanera.

3. Por consiguiente, documentos como la lista de empaque o "packing list", la orden de compra o el conocimiento de embarque que acompañan la importación, califican como "cualquier otro documento comercial", siempre que los productos sean descritos con suficiente detalle para permitir su identificación.") 5. Las declaraciones en factura llevarán la firma original manuscrita del

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6. La declaración en factura puede ser expedida por el exportador en el momento en que los productos a los cuales se refiere son exportados, o después de la exportación con la condición de que sea presentada en la Parte importadora dentro del periodo establecido en el apéndice 5.

(Nota de Sinalevi: De conformidad con la Decisión Nº 2/2020 del Consejo de Asociación DE-Centroamérica 14/12/20 por la que se introducen notas explicativas a los artículos 15, 16, 19, 20 y 30 del Anexo II Relativo a la definición del concepto de «productos originarios» y métodos de cooperación administrativa al "Acuerdo por el que se establece una Asociación entre Centroamérica, por un lado, y la Unión Europea y sus Estados miembros, por otro"; aprobada mediante decreto ejecutivo N° 43149 del 10 de mayo de 2021, se acordó introducir una nota explicativa al artículo 19). La misma se leerá de la siguiente manera:" Artículo 19. Aplicación de las disposiciones relativas a las declaraciones en factura Se aplicarán las directrices siguientes:

  • a)cuando una factura, una nota de entrega o cualquier otro documento comercial4 incluya productos originarios y no originarios, éstos deberán ser identificados como tales en dichos documentos; 4 Dicho documento comercial puede ser, por ejemplo, la lista de empaque que acompaña a las mercancías.
  • b)son válidas las declaraciones en factura presentadas en el reverso de la factura, de la nota de entrega o de cualquier otro documento comercial.")
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1. Las autoridades públicas competentes de la Parte exportadora podrán autorizar a todo exportador, denominado en lo sucesivo "exportador autorizado", que efectúa exportaciones frecuentes de productos al amparo del presente Acuerdo, a extender declaraciones en factura independientemente del valor de los productos correspondientes. Un exportador que solicite estas autorizaciones deberá ofrecer, a satisfacción de las autoridades públicas competentes, todas las garantías necesarias para verificar el carácter originario de los productos así como el cumplimiento de los demás requisitos del presente anexo.

2. Las autoridades públicas competentes podrán otorgar el carácter de 3. Las autoridades públicas competentes otorgarán al exportador autorizado un número de autorización que figurará en la declaración en factura.

4. Las autoridades públicas competentes controlarán el uso de la autorización que haga el exportador autorizado.

5. Las autoridades públicas competentes podrán revocar la autorización en todo momento. Deberán hacerlo cuando el exportador autorizado no ofrezca ya las garantías contempladas en el apartado 1, no cumpla las condiciones contempladas en el apartado 2 o use incorrectamente la autorización.

(Nota de Sinalevi: De conformidad con la Decisión Nº 2/2020 del Consejo de Asociación DE-Centroamérica 14/12/20 por la que se introducen notas explicativas a los artículos 15, 16, 19, 20 y 30 del Anexo II Relativo a la definición del concepto de «productos originarios» y métodos de cooperación administrativa al "Acuerdo por el que se establece una Asociación entre Centroamérica, por un lado, y la Unión Europea y sus Estados miembros, por otro"; aprobada mediante decreto ejecutivo N° 43149 del 10 de mayo de 2021, se acordó introducir una nota explicativa al artículo 20) anterior, la misma se leerá de la siguiente manera: "Artículo 20. Exportador autorizado El término «exportador» se refiere a personas o empresas, sean productores o comerciantes, en la medida en que se cumplan todas las demás condiciones establecidas en el anexo II.

La condición de exportador autorizado sólo podrá concederse previa solicitud por escrito del exportador. Al examinar dicha solicitud, las autoridades públicas competentes deberán tener especialmente en cuenta:

si el exportador exporta con regularidad; si el exportador está en condiciones de demostrar, en cualquier momento, el carácter originario de las mercancías que exporta. Deberá tenerse en cuenta también que el expot1ador ha de conocer las normas de origen aplicables y debe disponer de todos los documentos justificativos del origen; si, por sus anteriores actividades de exportación, el exportador ofrece garantías suficientes del carácter originario de las mercancías y está en condiciones de cumplir todas las obligaciones que de ello se derivan; y Una vez concedida la autorización, los exportadores deben:

comprometerse a expedir declaraciones en factura únicamente para aquellas mercancías para las cuales, en el momento de la expedición, dispongan de todas las pruebas o registros contables necesarios; asumir la responsabilidad total de su utilización, especialmente en caso de declaraciones de origen incorrectas o de uso indebido de la autorización; asumir la responsabilidad de que, dentro de la empresa, la persona responsable de llenar las declaraciones en factura conozca y entienda las normas de origen; comprometerse a conservar todos los documentos justificativos del origen durante un período mínimo de tres años contados desde la fecha en la que se realice la declaración; comprometerse a presentar las pruebas de origen a la autoridad pública competente en cualquier momento y a permitir inspecciones por esta autoridad en cualquier momento.

La autoridad pública competente debe llevar a cabo controles periódicos de los exportadores autorizados. Estos controles deberán realizarse de forma que garantice el uso correcto de la autorización y podrán efectuarse con una frecuencia determinada y, en la medida de lo posible, sobre la base de los criterios de análisis de riesgo.

Las autoridades públicas competentes de las Partes deberán notificar a la Comisión de la Unión Europea el sistema de numeración nacional utilizado para la designación de los exportadores autorizados. Ésta informará de ello a las autoridades aduaneras de los demás países.")

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Validez de la prueba de origen 1. Una prueba de origen tendrá una validez de doce meses a partir de la fecha de expedición en la Parte aduaneras de la Parte importadora.

2. Las pruebas de origen que se presenten a las autoridades aduaneras de la Parte importadora una vez agotado el plazo de presentación fijado en el apartado 1 podrán ser admitidas, a efectos de la aplicación del trato arancelario preferencial, cuando no se presenten estos documentos en la fecha de expiración debido a circunstancias excepcionales.

3. En otros casos de presentación tardía, las autoridades aduaneras de la Parte importadora podrán admitir las pruebas de origen cuando los productos les hayan sido presentados antes de la expiración de dicho plazo.

4. De conformidad con la legislación nacional de la Parte importadora, podrá concederse un trato arancelario preferencial, cuando proceda, mediante el reembolso de los derechos en un plazo no mayor al establecido en el apéndice 5 a partir de la fecha de aceptación de la declaración de importación, cuando se presente una prueba de origen que indique que las mercancías importadas podían optar, en esa fecha, al trato arancelario preferencial.

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Presentación de la prueba de origen Las pruebas de origen se presentarán a las autoridades aduaneras de la Parte importadora de conformidad con los procedimientos establecidos en esa Parte. Dichas autoridades podrán exigir una traducción de una prueba de origen y podrán, asimismo, exigir que la declaración de importación vaya acompañada de una declaración del importador en la que haga constar que los productos cumplen las condiciones requeridas para la aplicación del presente Acuerdo.

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Importación fraccionada Cuando, a petición del importador y en las condiciones establecidas por las autoridades aduaneras de la Parte importadora, se importen fraccionadamente productos desmontados o sin montar de conformidad con lo dispuesto en la Regla General 2 (a) del Sistema Armonizado, clasificados en las secciones XVI y XVII o en las partidas 7308 y 9406 del Sistema Armonizado, se deberá presentar una única prueba de origen para tales productos a las autoridades aduaneras en el momento de la importación del primer envío parcial.

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Exenciones de la prueba de origen 1. Los productos enviados en paquetes pequeños de particulares a particulares o que formen parte del equipaje personal de los viajeros serán admitidos como productos originarios sin que sea necesario presentar una prueba de origen, siempre que esos productos no se importen con carácter comercial y se haya declarado que cumplen las condiciones exigidas para la aplicación del presente anexo y no exista ninguna duda acerca de la veracidad de dicha declaración. En el caso de los productos enviados por correo, esta declaración podrá realizarse en la declaración aduanera CN22/CN23 o en una hoja de papel adjunta a ese documento.

2. Las importaciones ocasionales y que consistan exclusivamente en productos para el uso personal de sus destinatarios o de los viajeros o sus familias no se considerarán importaciones de carácter comercial si resulta evidente, por la naturaleza y cantidad del producto, que no tienen una finalidad comercial.

3. Además, el valor total de estos productos no podrá ser superior, en el caso de pequeños paquetes o de productos que formen parte del equipaje personal de los viajeros, a los importes en euros establecidos en el apéndice 6 (Importes mencionados en el artículo 19, apartado 1, letra b), y el artículo 24, apartado 3, del anexo II, Relativo a la definición del concepto de "productos originarios" y métodos de cooperación administrativa).

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Documentos justificativos La documentación a que se hace referencia en el artículo 15, apartado 3, y en el artículo 19, apartado 3, que sirve de justificante de que los productos amparados por un certificado de circulación de mercancías EUR.1 o una declaración en factura pueden considerarse productos originarios de la Unión Europea o de Centroamérica y satisfacen las demás condiciones del presente anexo, podrá consistir, entre otras cosas, en:

  • a)pruebas directas de las operaciones efectuadas por el exportador o el proveedor para obtener las mercancías en cuestión, que figuran por ejemplo en sus registros contables o en su contabilidad interna; b) documentos que prueben el carácter originario de los materiales utilizados, expedidos o extendidos en una Parte, cuando estos documentos se utilicen de conformidad con la legislación nacional; c) documentos que prueben la elaboración o la transformación de los materiales en la Unión Europea o en Centroamérica, expedidos o extendidos en una Parte, cuando estos documentos se utilicen de conformidad con la legislación nacional; d) certificados de circulación de mercancías EUR.1 o declaraciones en factura que prueben el carácter originario de los materiales utilizados,
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Conservación de la prueba de origen y los documentos justificativos 1. El exportador que solicite la expedición de un certificado de circulación de mercancías EUR.1 conservará durante tres años, como mínimo, los documentos mencionados en el artículo 15, apartado 3.

2. El exportador que extienda una declaración en factura conservará, durante al menos tres años, una copia de esta declaración en factura, así como los documentos mencionados en el artículo 19, apartado 3.

3. La autoridad pública competente de la Parte exportadora que expida un certificado de circulación de mercancías EUR.1 conservará durante al menos tres años, el formulario de solicitud mencionado en el artículo 15, apartado 2.

4. Las autoridades aduaneras de la Parte importadora deberán conservar durante al menos tres años los certificados de circulación de mercancías EUR.1 y las declaraciones en factura que se les hayan presentado, los cuales podrán conservarse en formato electrónico.

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Discordancias y errores de forma 1. La existencia de pequeñas discordancias entre las declaraciones efectuadas en la prueba de origen y las realizadas en los documentos presentados en la oficina aduanera con objeto de dar cumplimiento a las formalidades necesarias para la importación de los productos no supondrá, ipso facto, la invalidez de la prueba de origen si se comprueba debidamente que esta última corresponde a los productos presentados.

2. Los errores de forma evidentes, tales como los errores de mecanografía en una prueba de origen, no serán causa suficiente para que un documento sea rechazado, si no se trata de errores que puedan generar dudas sobre la exactitud de las declaraciones realizadas en el mismo.

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Importes expresados en euros 1. Para la aplicación de las disposiciones del artículo 19, apartado 1, letra b), y el artículo 24, apartado 3, en los casos en que los productos se facturen en una moneda distinta del euro, los importes en las monedas nacionales de los Estados miembros de la Unión Europea o de las Repúblicas de la Parte CA equivalentes a los importes expresados en euros serán fijados anualmente por cada Estado miembro de la Unión Europea o la República de la Parte CA en cuestión.

2. Un envío se beneficiará de las disposiciones del artículo 19, apartado 1, letra b), o del artículo 24, apartado 3, respecto a la moneda en que se haya emitido la factura, según el importe fijado por el Estado miembro de la Unión Europea o la República de la Parte CA en cuestión.

3. Los importes que se utilizarán en cualquier moneda nacional determinada serán el equivalente en esa moneda nacional de los importes expresados en euros el primer día laborable del mes de octubre. Los importes se notificarán antes del 15 de octubre, y se aplicarán a partir del 1 de enero del siguiente año. Las Partes se notificarán mutuamente los importes correspondientes.

(Así reformado el inciso anterior por el aparte 18) sub aparte i) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") 4. Los Estados miembros de la Unión Europea y las Repúblicas de la Parte CA podrán redondear al alza o a la baja el importe resultante de la conversión a su moneda nacional de un importe expresado en euros. El importe redondeado no podrá diferir del importe resultante de la conversión en más del 5 por ciento. Un Estado miembro de la Unión Europea o una República de la Parte CA podrá mantener sin cambios el contravalor en moneda nacional de un importe expresado en euros si, en el momento de la adaptación anual prevista en el apartado 3, la conversión de ese importe, antes de redondearlo, resulta en un aumento inferior al 15 por ciento de contravalor en moneda nacional. El contravalor en moneda nacional se podrá mantener sin cambios si la conversión diera lugar a una disminución de ese valor equivalente.

5. Los importes expresados en euros serán revisados por el Comité de Asociación a petición de una Parte. Al realizar esa revisión, el Comité de Asociación considerará la conveniencia de preservar los efectos de los límites relacionados en términos reales. Para tal efecto, podrá decidir la modificación de los importes expresados en euros.

TÍTULO V

DISPOSICIONES DE COOPERACIÓN ADMINISTRATIVA

29

Cooperación administrativa 1. Las autoridades públicas competentes de las Partes se suministraran mutuamente, a través de la Comisión Europea, los modelos de sellos utilizados por sus oficinas para la expedición de los certificados de circulación de mercancías EUR.1, así como las direcciones de las autoridades públicas competentes responsables de la verificación de estos certificados y de las declaraciones en factura.

(Nota de Sinalevi: Mediante el aparte 18) sub aparte j) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó indicar que la frase", a través de la Comisión Europea," contenido en el párrafo anterior no se incorpora al Acuerdo anteriormente referido) 2. Con el fin de asegurar la correcta aplicación del presente anexo, las Partes se prestarán asistencia mutua, a través de las autoridades públicas competentes o, cuando sea aplicable, las autoridades aduaneras, sobre la verificación de la autenticidad de los certificados de circulación de mercancías EUR.1 o las declaraciones en factura y la exactitud de la información recogida en dichos documentos.

30

Verificación de las pruebas de origen 1. La verificación a posteriori de las pruebas de origen se efectuará aleatoriamente o cuando la autoridad aduanera o, cuando sea aplicable, la autoridad pública competente de la Parte importadora, tenga dudas razonables acerca de la autenticidad de dichos documentos, del carácter originario de los productos en cuestión o del cumplimiento de los demás requisitos del presente anexo.

2. A efectos de la aplicación de las disposiciones del apartado 1, la autoridad aduanera o, cuando sea aplicable, la autoridad pública competente de la Parte importadora devolverán el certificado de circulación de mercancías EUR.1 y la factura, si se ha presentado, la declaración en factura, o una copia de estos documentos, a las autoridades públicas competentes de la Parte exportadora, e indicarán, en su caso, los motivos que justifican una investigación. Todos los documentos y la información obtenida que sugieran que los datos recogidos en la prueba de origen son incorrectos deberán ser reenviados para apoyar la solicitud de verificación.

3. La verificación será llevada a cabo por las autoridades públicas competentes de la Parte prueba e inspeccionar la contabilidad del exportador o llevar a cabo cualquier otra comprobación que se considere apropiada relacionada con el origen y de conformidad con los procedimientos de su legislación nacional.

4. Si las autoridades aduaneras de la Parte importadora decidieran suspender la concesión del trato arancelario preferencial a los productos del exportador sujetos a verificación, mientras estén a la espera de los resultados de la verificación, ofrecerán al importador la liberación de las mercancías condicionada a cualesquiera medidas cautelares que consideren necesarias.

5. Las autoridades públicas competentes o, cuando sea aplicable, las autoridades aduaneras que hayan solicitado la verificación serán informadas de los resultados de la verificación lo antes posible. Estos resultados deberán indicar con claridad si los documentos son auténticos y si los productos pueden ser considerados originarios de la Unión Europea o de Centroamérica y si cumplen los demás requisitos del presente anexo.

6. Si, en caso de duda razonable, no se recibe una respuesta en un plazo de diez meses a partir de la fecha de la solicitud de verificación o si la respuesta no contiene información suficiente para determinar la autenticidad del documento en cuestión o el origen real de los productos, las autoridades aduaneras o, cuando sea aplicable, la autoridad pública competente, deberán, salvo en circunstancias excepcionales denegar el beneficio a las preferencias a los productos amparados en la prueba de origen sujetos a verificación.

(Nota de Sinalevi: De conformidad con la Decisión Nº 2/2020 del Consejo de Asociación DE- Centroamérica 14/12/20 por la que se introducen notas explicativas a los artículos 15, 16, 19, 20 y 30 del Anexo II Relativo a la definición del concepto de «productos originarios» y métodos de cooperación administrativa al "Acuerdo por el que se establece una Asociación entre Centroamérica, por un lado, y la Unión Europea y sus Estados miembros, por otro"; aprobada mediante decreto ejecutivo N° 43149 del 10 de mayo de 2021, se acordó introducir una nota explicativa al artículo 30) anterior, la misma se leerá de la siguiente manera: "Artículo 30 Denegación del trato preferencial sin verificación Se trata de los casos en los que la prueba de origen es inválida:

la prueba de origen (certificado de circulación de mercancías EUR.I) ha sido la descripción de las mercancías en la casilla 8 del certificado de circulación de mercancías EUR. I se refiere a mercancías distintas de las presentadas; la prueba de origen (certificado de circulación de mercancías EUR. I) contiene tachaduras o palabras sobrescritas o no está rubricada o visada; ha expirado el plazo de validez de la prueba de origen (certificado de circulación de mercancías EUR. I) por razones distintas de las previstas en el Acuerdo (por ejemplo, circunstancias excepcionales), excepto en los casos en que las mercancías se hayan presentado antes de vencer el plazo.

Procedimiento que deberá seguirse:

Deberá marcarse la prueba de origen con la mención «INVÁLIDO» y ser retenida por las autoridades aduaneras ante las que fue presentada, con el fin de evitar nuevos intentos de utilización. Sin prejuicio de las acciones legales emprendidas de conformidad con la legislación interna, las autoridades aduaneras del país de importación informarán, cuando así proceda, inmediatamente de la denegación a la autoridad aduaneras o a la autoridad pública competente del país de

31

Solución de controversias 1. En caso de que se produzcan controversias en relación con los procedimientos de verificación del artículo 30 que no puedan resolverse entre las autoridades que soliciten una verificación y las autoridades encargadas de llevar a cabo dicha verificación, o en relación con la interpretación del presente anexo, las solicitudes de solución de dichas controversias se deberán remitir al Subcomité de Aduanas, Facilitación del Comercio y Normas de Origen para las consultas y debates en el seno del Subcomité. En cualquier caso, las Partes conservarán sus derechos de recurrir al mecanismo de solución de controversias establecido en el título X (Solución de controversias) de la parte IV del presente Acuerdo.

2. En todos los casos, las controversias entre el importador y las autoridades aduaneras de la Parte importadora se resolverán de conformidad con la legislación de dicha Parte.

32

Sanciones Se impondrán sanciones, a toda persona que redacte, o haga que se redacte, un documento que contenga información incorrecta con objeto de conseguir un trato arancelario preferencial para productos.

33

Zonas francas 1. La Unión Europea y las Repúblicas de la Parte CA tomarán todas las medidas necesarias para asegurarse de que los productos con los que se comercie al amparo de una prueba de origen y que permanezcan durante su transporte en una zona franca o un depósito aduanero situado en su territorio de conformidad con su legislación nacional no sean sustituidos por otras mercancías ni sean objeto de manipulaciones diferentes de las operaciones normales destinadas a prevenir su deterioro.

2. Por medio de una exención a las disposiciones que figuran en el apartado 1, cuando productos originarios de la Unión Europea o de Centroamérica se importen a una zona franca al amparo de una prueba de origen y sean objeto de tratamiento o transformación, las autoridades públicas competentes expedirán un nuevo certificado de circulación de mercancías EUR.1 a petición del exportador, si el tratamiento o la transformación correspondiente es conforme con las disposiciones del presente anexo.

CEUTA Y MELILLA

TÍTULO VI

34

Aplicación del presente anexo El término "Unión Europea" utilizado en el presente Anexo no incluye a Ceuta y Melilla. Los productos originarios de Ceuta y Melilla no se consideran productos originarios de la Unión Europea.

(Así reformado el artículo 34) anterior por el aparte 18) sub aparte k) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019")

35

Condiciones especiales 1. Siempre que hayan sido transportados directamente de conformidad con las disposiciones del artículo 12, los siguientes serán considerados como:

  • a)productos originarios de Ceuta y Melilla:
  • i)los productos enteramente obtenidos en Ceuta y Melilla; ii) los productos obtenidos en Ceuta y Melilla en cuya fabricación se hayan utilizado productos distintos de los mencionados en el inciso i), siempre que: estos productos hayan sido suficientemente elaborados o transformados en el sentido de lo dispuesto en el artículo 5; o que estos productos sean originarios de Centroamérica o de la Unión Europea, siempre que hayan sido objeto de elaboraciones o transformaciones que vayan más allá de las operaciones contempladas en el artículo 6.
  • b)productos originarios de Centroamérica:
  • i)los productos enteramente obtenidos en Centroamérica; ii) los productos obtenidos en Centroamérica, en cuya fabricación se hayan utilizado productos distintos de los mencionados en la letra i), siempre que: estos productos hayan sido suficientemente elaborados o transformados en el sentido de lo dispuesto en el artículo 5; o que estos productos sean originarios de Ceuta y Melilla o de la Unión Europea, siempre que hayan sido objeto de elaboraciones o transformaciones que vayan más allá de las operaciones contempladas en el artículo 6.

2. Ceuta y Melilla serán consideradas un territorio único.

3. El exportador o su representante autorizado consignarán "Centroamérica" y "Ceuta y Melilla" en la casilla 2 de los certificados de circulación de mercancías EUR.1 o en las declaraciones en factura. Además, en el caso de los productos originarios de Ceuta y Melilla, su carácter originario deberá indicarse en la casilla 4 de los certificados de circulación de mercancías EUR.1 o en las declaraciones en factura.

4. Las autoridades aduaneras españolas serán responsables de la aplicación del presente anexo en Ceuta y Melilla.

(*) (Nota de Sinalevi: Mediante el aparte 18) sub aparte l) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó que el numeral 35 anterior no se incorpora al Acuerdo anteriormente referido)

TÍTULO VII

DISPOSICIONES FINALES

36

Modificaciones del presente anexo El Consejo de Asociación podrá decidir la modificación de las disposiciones de los apéndices del presente anexo.

37

Notas explicativas Las Partes acordarán notas explicativas sobre la interpretación, aplicación y administración del presente anexo en el Subcomité de Aduanas, Facilitación del Comercio y Normas de Origen, a fin de recomendar su aprobación por el Consejo de Asociación.

38

Las disposiciones del presente Acuerdo podrán ser aplicadas a los productos que cumplan las disposiciones del presente anexo y que, en la fecha de entrada en vigor del presente Acuerdo, se encuentren en tránsito o en almacenamiento temporal en depósitos aduaneros en las Partes o en zonas francas, a condición de que se presente a las autoridades aduaneras de la Parte importadora, dentro de los cuatro meses a partir de esa fecha, una prueba de origen expedida a posteriori, junto con los documentos que demuestren que las mercancías han sido transportadas directamente de conformidad con el artículo 12.

Disposiciones transitorias para productos en tránsito o almacenamiento

39

Disposición transitoria a efectos de acumulación Las Partes para las que el presente Acuerdo haya entrado en vigor de conformidad con el artículo 353(*) de la parte V (Disposiciones finales), pueden utilizar materiales originarios de las Repúblicas de la Parte CA para las que el Acuerdo no haya entrado aún en vigor. El artículo 3 del presente anexo se aplicará mutatis mutandis.

(*) (Nota de Sinalevi: Mediante el aparte 16) sub aparte b) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó indicar que no se incorpora al presente Acuerdo ni el artículo 353 ni tampoco referencia alguna al artículo 353) APÉNDICE 1 NOTAS INTRODUCTORIAS DEL ANEXO II NOTA 1:

La lista del apéndice 2 establece las condiciones que deben cumplir necesariamente todos los productos para que se pueda considerar que han sufrido una elaboración o transformación suficiente a efectos del artículo 5 del anexo II.

NOTA 2:

2.1. Las dos primeras columnas de la lista describen el producto obtenido. La primera columna indica el número de la subpartida, la partida o el capítulo utilizado en el Sistema Armonizado y la segunda columna da la descripción de las mercancías que figuran en dicha subpartida, partida o capítulo del sistema. Para cada una de las inscripciones que figuran en las dos primeras columnas, se establece una norma en las columnas 3 ó 4. Cuando en algunos casos, el número de la primera columna vaya precedido de la mención "ex", ello significa que la norma que figura en las columnas 3 ó 4 solo se aplicará a aquella parte de esa subpartida, partida o capítulo tal como se indica en la columna 2.

2.2. Cuando se agrupen varias partidas o se indique un número de capítulo en la columna 1, y se describan en consecuencia en términos generales los productos que figuren en la columna 2, las normas correspondientes enunciadas en las columnas 3 ó 4 se aplicarán a todos los productos que, en el marco del Sistema Armonizado, estén clasificados en las diferentes partidas del capítulo correspondiente o en las partidas agrupadas en la columna 1.

2.3. Cuando en la lista haya diferentes normas aplicables a diferentes productos de una misma partida, cada guión incluirá la descripción de la parte de la partida a la que se aplicarán las normas correspondientes de las columnas 3 ó 4.

2.4. Cuando para una inscripción en las primeras dos columnas se establece una norma en las columnas 3 y 4, el exportador podrá optar por la norma de la columna 3 o la de la columna 4. Si en la columna 4 no aparece ninguna norma de origen, deberá aplicarse la norma de la columna 3.

NOTA 3:

3.1. Se aplicarán las disposiciones del artículo 5 del anexo II, relativas a los productos que han adquirido el carácter originario y que se utilizan en la fabricación de otros productos, independientemente de que este carácter se haya adquirido en la fábrica en la que se utilizan estos productos o en otra fábrica de la Parte UE o en las Repúblicas de la Parte CA.

Ejemplo:

Un motor de la partida 8407, cuya norma establece que el valor de los materiales no originarios que puedan ser utilizados en su fabricación no podrá ser superior al 40 por ciento del precio franco fábrica del producto, se fabrica con "los demás aceros aleados forjados" de la partida ex 7224.

Si la pieza ha sido forjada en la Parte UE a partir de un lingote no originario, adquiere entonces el carácter originario en virtud de la norma de la lista para la partida ex 7224. Dicha pieza podrá considerarse, en consecuencia, producto originario en el cálculo del valor del motor, con independencia de que se haya fabricado en la misma fábrica o en otra fábrica de la Parte UE. El valor del lingote no originario no se tendrá, pues, en cuenta cuando se sumen los valores de los materiales no originarios utilizados.

3.2. La norma que figura en la lista establece el nivel mínimo de elaboración o transformación requerida, y las elaboraciones o transformaciones superiores a ese nivel confieren también el carácter originario; por el contrario, las elaboraciones o transformaciones inferiores a ese nivel no confieren el carácter originario. Por lo tanto, si una norma establece que, en una fase de fabricación determinada, puede utilizarse un material no originario, también se autorizará la utilización de ese material en una fase anterior, pero no en una fase posterior.

3.3. No obstante lo dispuesto en la nota 3.2, cuando una norma indique "Fabricación a partir de materiales de cualquier partida", entonces podrán utilizarse materiales de cualquier partida o partidas (incluso materiales de la misma descripción y partida que el producto), a reserva, sin embargo, de las restricciones especiales que puedan enunciarse también en la norma.

Sin embargo, las expresiones "Fabricación a partir de materiales de cualquier partida, incluso a partir de los demás materiales de la partida." o "Fabricación a partir de materiales de cualquier partida, incluso a partir de los demás materiales de la misma partida que el producto" significan que pueden utilizarse los materiales clasificados en cualquier partida, excepto los materiales de la misma designación que el producto tal y como aparece en la columna 2 de la lista.

3.4. Cuando una norma de la lista precise que un producto puede fabricarse a partir de más de un material, ello significa que podrán utilizarse uno o varios materiales. Sin embargo, no se exigirá la utilización de todos los materiales.

Ejemplo:

La norma aplicable a los tejidos de las partidas 5208 a 5212 establece que pueden utilizarse fibras naturales y también, entre otros, productos químicos. Esto no significa que ambos deban utilizarse: podrá utilizarse uno u otro material o ambos.

3.5. Cuando una norma de la lista establezca que un producto debe fabricarse a partir de un material determinado, esta condición no impedirá evidentemente la utilización de otros materiales que, por su misma naturaleza, no puedan cumplir la norma. (Véase también la nota 6.2, en relación con los productos textiles).

Ejemplo:

La norma correspondiente a las preparaciones alimenticias de la partida 1902, que excluye de forma expresa la utilización de cereales y sus derivados, no prohíbe el empleo de sales minerales, productos químicos u otros aditivos que no se obtengan a partir de cereales.

Sin embargo, esto no se aplicará a los productos que, si bien no pueden fabricarse a partir de los materiales concretos especificados en la lista, pueden producirse a partir de un material de la misma naturaleza en una fase anterior de fabricación.

Ejemplo:

En el caso de una prenda de vestir del ex capítulo 62 fabricada con materiales no tejidos, si solamente se permite la utilización de hilados no originarios para esta clase de artículo, no se puede partir de telas no tejidas, aunque estas no se hacen normalmente con hilados. El material de partida se hallaría normalmente en la fase anterior al hilado, a saber, la fibra.

3.6. Cuando, en una norma de la lista, se establezcan dos porcentajes para el valor máximo de los materiales no originarios que pueden utilizarse, estos porcentajes no podrán sumarse. En otras palabras, el valor máximo de todos los materiales no originarios utilizados nunca podrá ser superior al mayor de los porcentajes dados. Además, los porcentajes individuales no deberán ser superados, en relación a los respectivos materiales a las que se apliquen.

NOTA 4:

4.1. El término "fibras naturales" se utiliza en la lista para designar las fibras distintas de las fibras artificiales o sintéticas. Se limita a las fases anteriores al hilado, e incluye los residuos, y, a menos que se especifique otra cosa, abarca las fibras que hayan sido cardadas, peinadas o transformadas de otra forma, pero no hiladas.

4.2. El término "fibras naturales" incluye la crin de la partida 0511, la seda de las partidas 5002 y 5003, así como la lana, los pelos finos y los pelos ordinarios de las partidas 5101 a 5105, las fibras de algodón de las partidas 5201 a 5203 y las demás fibras de origen vegetal de las partidas 5301 a 5305.

4.3. Los términos "pulpa textil", "materiales químicos" y "materiales destinados a la fabricación de papel" se utilizan en la lista para designar los materiales, que no se clasifican en los capítulos 50 a 63 y que pueden utilizarse en la fabricación de fibras o hilados artificiales, sintéticos, o de papel.

4.4. El término "fibras sintéticas o artificiales discontinuas" utilizado en la lista incluye los cables de filamentos, las fibras discontinuas o los desperdicios de fibras sintéticas o artificiales discontinuas, de las partidas 5501 a 5507.

NOTA 5:

5.1. Cuando para un determinado producto de la lista se haga referencia a la presente nota, no se aplicarán las condiciones expresadas en la columna 3 a los materiales textiles básicos utilizados en su fabricación cuando, considerados globalmente, representen el 10 por ciento o menos del peso total de todos los materiales textiles básicos utilizados (Véanse también las notas 5.3 y 5.4 siguientes).

5.2. Sin embargo, la tolerancia citada en la nota 5.1 se aplicará solo a los productos mezclados que hayan sido obtenidos a partir de dos o más materiales textiles básicos.

Los materiales textiles básicos son los siguientes:

 seda,  lana,  pelos ordinarios,  pelos finos,  crines,  algodón,  materiales para la fabricación de papel y papel,  lino,  cáñamo,  yute y demás fibras bastas,  sisal y demás fibras textiles del género agave,  coco, abacá, ramio y demás fibras textiles vegetales,  filamentos sintéticos,  filamentos artificiales,  filamentos conductores eléctricos,  fibras sintéticas discontinuas de polipropileno,  fibras sintéticas discontinuas de poliéster,  fibras sintéticas discontinuas de poliamida,  fibras sintéticas discontinuas poliacrilonitrílicas,  fibras sintéticas discontinuas de poliimida,  fibras sintéticas discontinuas de politetrafluoroetileno,  fibras sintéticas discontinuas de poli (sulfuro de fenileno),  fibras sintéticas discontinuas de policloruro de vinilo,  las demás fibras sintéticas discontinuas,  fibras artificiales discontinuas de viscosa,  las demás fibras artificiales discontinuas,  hilados de poliuretano segmentados con segmentos flexibles de poliéter, incluso entorchados,  hilados de poliuretano segmentados con segmentos flexibles de poliéster, incluso entorchados,  productos de la partida 5605 (hilados metálicos e hilados metalizados) queincorporen una banda consistente en un núcleo de papel de aluminio o de película de materia plástica, cubierta o no de polvo de aluminio, de una anchura no superior a 5 mm, insertada por encolado transparente o de color entre dos películas de materia plástica,  los demás productos de la partida 5605.

Ejemplo:

Un hilado de la partida 5205 obtenido a partir de fibras de algodón de la partida 5203 y de fibras sintéticas discontinuas de la partida 5506 es un hilado mezclado. Por consiguiente, podrán utilizarse fibras sintéticas discontinuas no originarias que no cumplan las normas de origen (que deban fabricarse a partir de materiales químicos o pasta textil), siempre que su peso total no supere el 10 por ciento del peso de los hilados.

Ejemplo:

Un tejido de lana, de la partida 5112, obtenido a partir de hilados de lana de la partida 5107 y de fibras sintéticas discontinuas de la partida 5509, es un tejido mezclado.Por consiguiente, se podrán utilizar hilados sintéticos que no cumplan las normas de origen (estar fabricados a partir de materiales químicos o pasta textil) o hilados de lana que tampoco las cumplan (estar fabricados a partir de fibras naturales, no cardadas, peinadas o preparadas de otro modo para la hilatura) o una combinación de ambos, siempre que su peso total no supere el 10 por ciento del peso del tejido.

Ejemplo:

Un tejido con bucles de la partida 5802 obtenido a partir de hilado de algodón de la partida 5205 y tejido de algodón de la partida 5210, solo se considerará que es un producto mezclado si el tejido de algodón es en sí mismo un tejido mezclado fabricado a partir de hilados clasificados en dos partidas distintas, o si los hilados de algodón utilizados están también mezclados.

Ejemplo:

Si el mismo tejido con bucles se hubiera fabricado a partir de hilados de algodón de la partida 5205 y tejido sintético de la partida 5407, entonces, evidentemente, dos materiales textiles básicos distintas habrían sido utilizados y el tejido con bucles confeccionado es, por lo tanto, un producto mezclado.

5.3. En el caso de los productos que incorporen "hilados de poliuretano segmentado con segmentos flexibles de poliéster, incluso entorchados", esta tolerancia se cifrará en el 20 por ciento de estos hilados.

5.4. En el caso de los productos que incorporen una "tira consistente en un núcleo de papel de aluminio o de película de materia plástica, cubierta o no de polvo de aluminio, de una anchura no superior a 5 mm, insertada por encolado transparente o de color entre dos películas de materia plástica", esta tolerancia se cifrará en el 30 por ciento respecto a esta tira.

NOTA 6:

6.1. Cuando en la lista se haga referencia a la presente nota, podrán utilizarse materiales textiles (exceptuados forros y entretelas) que no cumplan la norma enunciada en la columna 3 de la lista para los productos fabricados con ellos, siempre y cuando estén clasificados en una partida distinta de la del producto y su valor no sea superior al 8 por ciento del precio franco fábrica del producto.

6.2. Sin perjuicio de lo dispuesto en la nota 6.3, los materiales que no estén clasificados en los capítulos 50 a 63 podrán ser utilizados libremente en la fabricación de productos textiles, contengan dichos materiales textiles o no.

Ejemplo:

Si una norma de la lista dispone que, para un artículo textil concreto (como por ejemplounos pantalones), deberán utilizarse hilados, ello no impide la utilización de artículos de metal, como botones, ya que estos últimos no están clasificados en los capítulos 50 a 63. Por la misma razón, no impide la utilización de cremalleras, aun cuando estas contienen normalmente productos textiles.

6.3. Cuando se aplique una norma constituida por un porcentaje, el valor de los materiales no clasificados en los capítulos 50 a 63 deberá tenerse en cuenta en el cálculo del valor de los materiales no originarios incorporados.

NOTA 7:

7.1. A efectos de las partidas ex 2707, 2713 a 2715, ex 2901, ex 2902 y ex 3403, los "procesos específicos" serán los siguientes:

  • a)la destilación al vacío; b) la redestilación por un procedimiento de fraccionamiento extremo; c) el craqueo (cracking); d) el reformado; e) la extracción con disolventes selectivos; f) el tratamiento que comprende todas las operaciones siguientes: el procesado con ácido sulfúrico concentrado, óleo o anhídrido sulfúrico; la neutralización con agentes alcalinos; la decoloración y purificación con tierra naturalmente activa, tierra activada, carbón activado o bauxita; g) la polimerización; h) la alquilación (Alkylation); i) la isomerización.

7.2. A efectos de las partidas 2710, 2711 y 2712, los "procesos específicos" serán los siguientes:

  • a)la destilación al vacío; b) la redestilación por un procedimiento de fraccionamiento extremo; c) el craqueo (cracking); d) el reformado; e) la extracción con disolventes selectivos; f) el tratamiento que comprende todas las operaciones siguientes: el procesado con ácido sulfúrico concentrado, óleo o anhídrido sulfúrico; la neutralización con agentes alcalinos; la decoloración y purificación con tierra naturalmente activa, tierra activada, carbón activado o bauxita; g) la polimerización; h) la alquilación (Alkylation); i) la isomerización; j) en relación con los aceites pesados de la partida ex 2710 únicamente, la desulfurización mediante hidrógeno que alcance una reducción de al menos el 85 por ciento del contenido de azufre de los productos tratados (norma ASTM D 1266- 59 T); k) en relación con los productos de la partida 2710 únicamente, el desparafinado por un proceso distinto de la filtración; l) en relación con los aceites pesados de la partida ex 2710 únicamente, el tratamiento con hidrógeno, distinto de la desulfurización, en el que el hidrógeno participe activamente en una reacción química que se realice a una presión superior a 20 bares y a una temperatura superior a 250 °C, con el uso de un catalizador; lostratamientos de acabado con hidrógeno de los aceites lubricantes de la partida ex 2710 (por ejemplo: hydrofinishing o decoloración), cuyo fin, específicamente, sea mejorar el color o la estabilidad no se considerarán tratamientos definidos; m) en relación con el aceite de petróleo de la partida ex 2710 únicamente, la destilación atmosférica, siempre que menos del 30 por ciento de estos productos destilen, en volumen, incluidas las pérdidas, a 300 °C según la norma ASTM D 86; n) en relación únicamente con los aceites pesados distintos de los gasóleos y los aceite de petróleo de la partida ex 2710, tratamiento por descargas eléctricas de alta frecuencia; o) en relación únicamente con los productos del petróleo de la partida ex 2712 (excepto la vaselina, la ozoquerita, la cera de lignito o la cera de turba, o la parafina con un contenido de aceite inferior al 0,75 por ciento en peso) desaceitado por cristalización fraccionada.

7.3. A efectos de las partidas ex 2707, 2713 a 2715, ex 2901, ex 2902 y ex 3403, no conferirán carácter originario las operaciones simples tales como la limpieza, la decantación, la desalinización, la separación sólido/agua, el filtrado, la coloración, el marcado que obtenga un contenido de azufre como resultado de mezclar productos con diferentes contenidos de azufre, cualquier combinación de estas operaciones u operaciones similares.

NOTA 8:

A efectos del artículo 4 del anexo II, las mercancías agrícolas y hortícolas que se cultivan en el territorio de una Parte deberán ser tratadas como originarias en el territorio de esa Parte aun cuando se cultiven a partir de semillas, bulbos, tubérculos, rizomas, esquejes, injertos, retoños, yemas u otras partes vivas de plantas importadas de un país no Parte.

NOTA 9:

A efectos del artículo 6 del anexo II, el término "simple" se refiere a actividades que no requieren destrezas ni maquinaria especiales, aparatos ni equipo especialmente fabricados o instalados para llevar a cabo la actividad. Sin embargo, el mezclado simple no implica una reacción química. Una reacción química significa un proceso (incluso un proceso bioquímico) que da lugar a una molécula con una nueva estructura mediante la separación de los enlaces intramoleculares y la formación de nuevos enlaces intramoleculares, o mediante la alteración de la distribución espacial de los átomos en una molécula.

APÉNDICE 2 LISTA DE LAS ELABORACIONES O TRANSFORMACIONES QUE DEBEN APLICARSE A LOS MATERIALES NO ORIGINARIOS PARA QUE EL PRODUCTO TRANSFORMADO yoPUEDA OBTENER EL CARÁCTER ORIGINARIO Los productos mencionados en la lista pueden no estar todos cubiertos por el Acuerdo.

Por lo tanto, es necesario consultar a las otras partes del presente Acuerdo.

(Nota de Sinalevi: La presente lista fue reformada mediante resolución N° Decisión Nº 1/2020 del Consejo de Asociación VE-Centroamérica del 14 de diciembre de 2020, aprobada mediante decreto ejecutivo N° 43148 del 10 de mayo del 2021, y puede ser consultada en el enlace: Lista de las elaboraciones o transformaciones que deben aplicarse a los materiales no originarios para que el producto transformado pueda obtener el caracter originario) APÉNDICE 2 A(*) ADDENDUM DE LA LISTA DE LAS ELABORACIONES O TRANSFORMACIONES QUE DEBEN APLICARSE A LOS MATERIALES NO ORIGINARIOS PARA QUE EL PRODUCTO TRANSFORMADO PUEDA OBTENER EL CARÁCTER ORIGINARIO

(*) (Nota de Sinalevi: Mediante el aparte 18) sub aparte m.xiii) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", en relación al apéndice 2 A anterior se indicó que para evitar dudas, si la entrada en vigor del presente Acuerdo corresponde a una fecha posterior al 1 de enero y hasta el 31 de diciembre inclusive del mismo año calendario, los contingentes anuales del apéndice 2 A del Anexo 11 del presente Acuerdo (con las modificaciones introducidas por el presente Anexo) se aplicarán de manera prorrateada durante el resto de dicho año calendario.)

1. Para los productos que se describen a continuación, también pueden aplicarse las siguientes normas en lugar de las fijadas en el apéndice 2 (Lista de las elaboraciones o transformaciones que deben aplicarse a los materiales no originarios para que el producto transformado pueda obtener el carácter originario) para determinar si un producto es originario de Centroamérica.

2. Cuando un producto está cubierto por una norma de origen objeto de contingentes, la prueba de origen de dicho producto contendrá la siguiente declaración: "Producto originario de conformidad con el apéndice 2A del anexo II (Relativo a la definición del concepto de "productos originarios" y métodos de cooperación administrativa)".

3. Las Repúblicas de la Parte CA acordarán la distribución de los contingentes regionales establecidos en las notas 1 y 2, así como los contingentes pertinentes de la nota 6 del presente apéndice, y, sobre esa base, cada República de la Parte CA 4. Los contingentes establecidos en las notas 4 y 5, así como el contingente pertinente de la nota 6, serán administrados por la Comisión Europea de conformidad con la distribución por país establecida en el presente apéndice y con la distribución interna hecha por cada República de la Parte CA163.

163 Si la entrada en vigor del Acuerdo corresponde a una fecha posterior al 1 de enero y anterior al 31 de diciembre del mismo año calendario, la cantidad del contingente será prorrateada de manera proporcional para el resto de dicho año calendario.

5. Las importaciones bajo contingentes establecidos en el presente apéndice estarán sujetas a la presentación de un certificado de exportación expedido de conformidad con las disposiciones de los apartados 3 y 4 por la autoridad competente de la República de la Parte CA pertinente.

6. Las modalidades de aplicación de las disposiciones del presente apéndice serán definidas conjuntamente por las Partes. La Comisión Europea adoptará las medidas necesarias para asegurar el cumplimiento de estas disposiciones.

NOTA 1 1. Para los productos de la partida ex 1604 (Atunes, listados y bonitos (Sarda spp.)) exportados desde Centroamérica a la Unión Europea, podrán utilizarse, por un periodo de tres años a partir de la entrada en vigor del presente Acuerdo, los materiales del capítulo 03 originarios de Chile o México de conformidad con las normas de origen aplicables como si dichos materiales fueran exportados directamente a la Unión Europea. Seis meses antes de la expiración de dicho periodo de tres años, las Partes mantendrán consultas para examinar si se encuentran listos los procedimientos administrativos necesarios para solicitar la acumulación prevista en el artículo 3, apartado 7, del anexo II (Relativo a la definición del concepto de "productos originarios" y métodos de cooperación administrativa) de la parte IV del presente Acuerdo.

Además, para estos productos exportados desde Centroamérica a la Unión Europea, el valor establecido en el artículo 5, apartado 2, letra a), del anexo II no excederá del 15 por ciento del precio franco fábrica del producto.

2. Para los productos de la partida ex 1604 (lomos de atún) la siguiente norma conferirá origen a las mercancías exportadas desde Centroamérica a la Unión Europea dentro del contingente anual de 545(*) toneladas métricas: Fabricación a partir de materiales del capítulo 03 (*) Así reformado por el el aparte 18) sub aparte m.i) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") NOTA 2 Para los productos de la partida 3920 (Las demás placas, láminas, hojas y tiras, de plástico no celular y sin refuerzo, estratificación ni soporte o combinación similar con otras materias), la siguiente norma conferirá origen a las mercancías exportadas desde Centroamérica a la Unión Europea dentro del contingente anual de 681(*) toneladas métricas:

(*) Así reformado por el el aparte 18) sub aparte m.ii) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") Fabricación a partir de materiales de cualquier partida.

NOTA 3 Para los productos de las partidas 4810, ex 4811, 4816, 4817, ex 4818, ex 4819, ex 4820 y ex 4823, las siguientes normas conferirán origen en el caso de un incremento superior al 0 por ciento de los aranceles consolidados de la Unión Europea ante la OMC aplicables a los siguientes productos:

| Partida SA | Descripción del producto | Elaboración o transformación aplicada a los materiales no originarios que confiere el carácter originario | | | --- | --- | --- | --- | | (1) | (2) | (3) o (4) | | | 4810 | Papel y cartón estucados por una o las dos caras con caolín u otras sustancias inorgánicas, con aglutinante o sin el, con extrusión de cualquier otro estucado o recubrimiento, incluso coloreados o decorados en la superficie o impresos, en bobinas (rollos) o en hojas de forma cuadrada o rectangular, de cualquier tamaño | Fabricación a partir de materiales de cualquier partida | | | ex 4811 | Papel y cartón simplemente pautados, rayados o cuadriculados | Fabricación a partir de materiales de cualquier partida, excepto a partir de los materiales de la misma partida que el producto | | | 4816 | Papel carbón (carbónico), papel autocopia y demás papeles para copiar o transferir (excepto los de la partida 4809), clisés de mimeógrafo (stencils) completos y planchas offset, de papel, incluso acondicionados en cajas | Fabricación a partir de materiales de cualquier partida, excepto a partir de los materiales de la misma partida que el producto | | | 4817 | Sobres, sobres carta, tarjetas postales sin ilustrar y tarjetas para correspondencia, de papel o cartón; cajas, bolsas y presentaciones similares, de papel o cartón, con un surtido de artículos de correspondencia | Fabricación a partir de materiales de cualquier partida, excepto a partir de los materiales de la misma partida que el producto | | | ex 4818 | Papel higiénico | Fabricación a partir de materiales de cualquier partida, excepto a partir de los materiales de la misma partida que el producto | | | ex 4819 | Cajas, sacos (bolsas), bolsitas, cucuruchos y demás envases de papel, cartón, guata de celulosa o napa de fibras de celulosa | Fabricación a partir de materiales de cualquier partida, excepto a partir de los materiales de la misma partida que el producto | | | ex 4820 | Bloques de papel de cartas | Fabricación a partir de materiales de cualquier partida, excepto a partir de los materiales de la misma partida que el producto | | | ex 4823 | Los demás papeles, cartones, guata de celulosa y napa de fibras de celulosa, cortados en formato | Fabricación a partir de materiales de cualquier partida, excepto a partir de los materiales de la misma partida que el producto | | NOTA 4 1. Las siguientes normas conferirán origen a los productos de los capítulos dentro de los siguientes contingentes anuales por país:

  • a)Para los productos de la partida 6115 [Calzas, panty-medias, leotardos, calcetines y demás artículos de calcetería, incluso de compresión progresiva ejemplo, medias para varices), de punto]:

Fabricación a partir de materiales de cualquier partida, excepto a partir de la misma partida que el producto.

Esta norma conferirá origen a las mercancías exportadas desde Centroamérica Unión Europea en los siguientes contingentes anuales por cada país:

PaísUnidades (pares)
Costa Rica544 800
El Salvador340 500
Honduras953 400
Panamá204 300

(Así reformada la table anterior por el aparte 18) sub aparte m.iii) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") b) Para los productos de los capítulos 61 y 62 especificados en las letras c) y d): Fabricación a partir de materiales de cualquier partida, excepto a partir de materiales de la misma partida que el producto.

Esta norma conferirá origen a las mercancías exportadas desde Centroamérica a la Unión Europea en los siguientes contingentes anuales por cada país:

PaísUnidades
Año 1 (entrada en vigor)Año 2Año 3Año 4Año 5A partir del año 6
Costa Rica7 000 0007 630 0008 260 0008 890 0008 520 0001 382 431(*)
El Salvador9 000 00010 157 50011 315 00012 472 50013 630 0002 014 057(*)
Guatemala7 000 0007 630 0008 260 0008 890 0009 520 0001 382 429(*)
Honduras54 750 00059 130 00063 510 00067 890 00072 270 00010 439 730(*)
Nicaragua8 750 0009 537 50010 325 00011 112 50011 900 0001 728 037(*)
Panamá3 500 0003 815 0004 130 0004 445 0004 760 000691 217(*)
Total90 000 00097 900 000105 800 000113 700 000121 600 00017 637 901(*)

(*) (Así reformada la table anterior correspondiente a partir del año 6 por el aparte 18) sub aparte m. iv) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") c) Para Costa Rica, Guatemala, Honduras y Panamá, las cantidades indicadas en el apartado 1, letra b), se distribuirán según se indica en los siguientes cuadros:

| COSTA RICA | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | SA | Año 1 | Año 2 | Año 3 | Año 4 | Año 5 | A partir de año 6 | | Total de unidades por año | 7 000 000 | 7 630 000 | 8 260 000 | 8 890 000 | 9 520 000 | 1382 431(*) | | 610343 | 200 000 | 218 000 | 236 000 | 254 000 | 272 000 | 39 498(*) | | 610510 | 600 000 | 654 000 | 708 000 | 762 000 | 816 000 | 118 498(*) | | 610590 | 120 000 | 130 800 | 141 600 | 152 400 | 163 200 | 23 699(*) | | 610610 | 450 000 | 490 500 | 531 000 | 571 500 | 612 000 | 88 870(*) | | 610711 | 235 000 | 256 150 | 277 300 | 298 450 | 319 600 | 46 410(*) | | 610719 | 70 000 | 76 300 | 82 600 | 88 900 | 95 200 | 13 824(*) | | 610821 | 47 000 | 51 230 | 55 460 | 59 690 | 63 920 | 9 282(*) | | 610822 | 25 000 | 27 250 | 29 500 | 31 750 | 34 000 | 4 937(*) | | 610910 | 1 860 000 | 2 027 400 | 2 194 800 | 2 362 200 | 2 529 600 | 367 331(*) | | 611120 | 200 000 | 218 000 | 236 000 | 254 000 | 272 000 | 39 498(*) | | 611241 | 50 000 | 54 500 | 59 000 | 63 500 | 68 000 | 9 875(*) | | 611430 | 30 000 | 32 700 | 35 400 | 38 100 | 40 800 | 5 925(*) | | 611780 | 20 000 | 21 800 | 23 600 | 25 400 | 27 200 | 3 950(*) | | 620113 | 8 000 | 8 720 | 9 440 | 10 160 | 10 880 | 1 580(*) | | 620213 | 15 000 | 16 350 | 17 700 | 19 050 | 20 400 | 2 962(*) | | 620311 | 350 000 | 381 500 | 413 000 | 444 500 | 476 000 | 69 122(*) | | 620312 | 350 000 | 381 500 | 413 000 | 444 500 | 476 000 | 69 122(*) | | 620331 | 175 000 | 190 750 | 206 500 | 222 250 | 238 000 | 34 561(*) | | 620333 | 265 000 | 288 850 | 312 700 | 336 550 | 360 400 | 52 335(*) | | 620341 | 500 000 | 545 000 | 590 000 | 635 000 | 680 000 | 98 745(*) | | 620343 | 520 000 | 566 800 | 613 600 | 660 400 | 707 200 | 102 695(*) | | 620431 | 175 000 | 190 750 | 206 500 | 222 250 | 238 000 | 34 561(*) | | 620433 | 165 000 | 179 850 | 194 700 | 209 550 | 224 400 | 32 586(*) | | 620453 | 30 000 | 32 700 | 35 400 | 38 100 | 40 800 | 5 925(*) | | 620461 | 70 000 | 76 300 | 82 600 | 88 900 | 95 200 | 13 824(*) | | 620463 | 280 000 | 305 200 | 330 400 | 355 600 | 380 800 | 55 297(*) | | 621133 | 45 000 | 49 050 | 53 100 | 57 150 | 61 200 | 8 887(*) | | 621143 | 45 000 | 49 050 | 53 100 | 57 150 | 61 200 | 8 887(*) | | 621210 | 100 000 | 109 000 | 118 000 | 127 000 | 136 000 | 19 749(*) | (*) (Así reformada la table anterior correspondiente a partir del año 6 para la distribución de Costa Rica por el aparte 18) sub aparte m. v) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") | GUATEMALA | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | SA | Año 1 | Año 2 | Año 3 | Año 4 | Año 5 | A partir de año 6 | | Total de unidades por año | 7 000 000 | 7 630 000 | 8 260 000 | 8 890 000 | 9 520 000 | 1 382 429(*) | | 610462 | 1 050 000 | 1 144 500 | 1 239 000 | 1 333 500 | 1 428 000 | 207 364(*) | | 610520 | 3 500 000 | 3 815 000 | 4 130 000 | 4 445 000 | 4 760 000 | 691 215(*) | | 620342 | 1 050 000 | 1 144 500 | 1 239 000 | 1 333 500 | 1 428 000 | 207 364(*) | | 620343 | 700 000 | 763 000 | 826 000 | 889 000 | 952 000 | 138 243(*) | | 620462 | 700 000 | 763 000 | 826 000 | 889 000 | 952 000 | 138 243(*) | (*) (Así reformada la table anterior correspondiente a partir del año 6 para cada una de las entradas del código SA pertinente de la columna de distribución de Guatemala por el aparte 18) sub aparte m. vi) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") | HONDURAS | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | SA | Año 1 | Año 2 | Año 3 | Año 4 | Año 5 | A partir de año 6 | | Total de unidades por año | 54 750 000 | 59 130 000 | 63 510 000 | 67 890 000 | 72 270 000 | 10 439 730(*) | | 620520 | 11 000 000 | 11 880 000 | 12 760 000 | 13 640 000 | 14 520 000 | 2 097 480(*) | | 620530 | 13 750 000 | 14 850 000 | 15 950 000 | 17 050 000 | 18 150 000 | 2 621 850(*) | | 620590 | 1 000 000 | 1 080 000 | 1 160 000 | 1 240 000 | 1 320 000 | 190 680(*) | | 620630 | 10 000 000 | 10 800 000 | 11 600 000 | 12 400 000 | 13 200 000 | 1 906 800(*) | | 620640 | 13 000 000 | 14 040 000 | 15 080 000 | 16 120 000 | 17 160 000 | 2 478 840(*) | | 620690 | 1 000 000 | 1 080 000 | 1 160 000 | 1 240 000 | 1 320 000 | 190 680(*) | | 621210 | 5 000 000 | 5 400 000 | 5 800 000 | 6 200 000 | 6 600 000 | 953 400(*) | (*) (Así reformada la table anterior correspondiente a partir del año 6 para cada una de las entradas del código SA pertinente de la columna de distribución de Honduras por el aparte 18) sub aparte m. vii) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") | PANAMA | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | SA | Año 1 | Año 2 | Año 3 | Año 4 | Año 5 | A partir de año 6 | | Total de unidades por año | 3 500 000 | 3 815 000 | 4 130 000 | 4 445 000 | 4 760 000 | 691 217(*) | | 610322 | 40 000 | 43 600 | 47 200 | 50 800 | 54 400 | 7 900(*) | | 610422 | 40 000 | 43 600 | 47 200 | 50 800 | 54 400 | 7 900(*) | | 610610 | 140 000 | 152 600 | 165 200 | 177 800 | 190 400 | 27 649(*) | | 610821 | 770 000 | 839 300 | 908 600 | 977 900 | 1 047 200 | 152 067(*) | | 610910 | 1 100 000 | 1 199 000 | 1 298 000 | 1 397 000 | 1 496 000 | 217 239(*) | | 611020 | 800 000 | 872 000 | 944 000 | 1 016 000 | 1 088 000 | 157 992(*) | | 611120 | 50 000 | 54 500 | 59000 | 63 500 | 68 000 | 9 875(*) | | 620322 | 10 000 | 10 900 | 11 800 | 12 700 | 13 600 | 1 975(*) | | 620342 | 200 000 | 218 000 | 236 000 | 254 000 | 272 000 | 39 498(*) | | 620343 | 100 000 | 109 000 | 118 000 | 127 000 | 136 000 | 19 749(*) | | 620520 | 100 000 | 109 000 | 118 000 | 127 000 | 136 000 | 19 749(*) | | 620630 | 10 000 | 109 000 | 118 000 | 127 000 | 136 000 | 19 749(*) | | 620920 | 50 000 | 54 500 | 59 000 | 63 500 | 68 000 | 9 875(*) | (*) (Así reformada la table anterior correspondiente a partir del año 6 para cada una de las entradas del código SA pertinente de la columna de distribución de Panamá por el aparte 18) sub aparte m. viii) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") A petición de una República de la Parte CA y cuando se alcance un acuerdo con la Parte UE, podrán modificarse las cantidades anuales asignadas a cada subpartida de los capítulos 61 y 62 que se indica.

  • d)Para El Salvador y Nicaragua, las cantidades indicadas en el apartado 1, letra b), se distribuirán como se indica en los siguientes cuadros. El Salvador y Nicaragua podrán distribuir esas cantidades entre las subpartidas indicadas en los siguientes cuadros dentro de los límites indicados para cada subpartida individual.

| EL SALVADOR | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | SA | Año 1 | Año 2 | Año 3 | Año 4 | Año 5 | A partir de año 6 | | Unidad total por año (contingente global anual, límites por subpartida) | 9 000 000 | 10 157 500 | 11 315 000 | 12 472 500 | 13 630 000 | 2 014 057(*) | | 610220 | 495 000 | 534 600 | 574 200 | 613 800 | 653 400 | 94 387(*) | | 610230 | 770 000 | 831 600 | 893 200 | 954 800 | 1 016 400 | 146 824(*) | | 610422 | 220 000 | 237 600 | 255 200 | 272 800 | 290 400 | 41 950(*) | | 610442 | 220 000 | 237 600 | 255 200 | 272 800 | 290 400 | 41 950(*) | | 610443 | 440 000 | 475 200 | 510 400 | 545 600 | 580 800 | 83 899(*) | | 610444 | 220 000 | 237 600 | 255 200 | 272 800 | 290 400 | 41 950(*) | | 610462 | 990 000 | 1 069 200 | 1 148 400 | 1 227 600 | 1 306 800 | 188 773(*) | | 610463 | 330 000 | 356 400 | 382 800 | 409 200 | 435 600 | 62 924(*) | | 620212 | 220 000 | 237 600 | 255 200 | 272 800 | 290 400 | 41 950(*) | | 620213 | 550 000 | 594 000 | 638 000 | 382 000 | 726 000 | 104 874(*) | | 620292 | 220 000 | 237 600 | 255 200 | 272 800 | 290 400 | 41 950(*) | | 620293 | 330 000 | 356 400 | 382 800 | 409 200 | 435 600 | 62 924(*) | | 620342 | 550 000 | 594 000 | 638 000 | 682 000 | 726 000 | 104 874(*) | | 620520 | 825 000 | 891 000 | 957 000 | 1 023 000 | 1 089 000 | 157 311(*) | | 620530 | 1 100 000 | 1 188 000 | 1 276 000 | 1 364 000 | 1 452 000 | 209 748(*) | | 620711 | 550 000 | 594 000 | 638 000 | 682 000 | 726 000 | 104 874(*) | | 620719 | 440 000 | 475 200 | 510 400 | 545 600 | 580 800 | 83 899(*) | | 620721 | 800 000 | 864 000 | 928 000 | 992 000 | 1 056 000 | 152 544(*) | | 620722 | 550 000 | 594 000 | 638 000 | 682 000 | 726 000 | 104 874(*) | | 620791 | 385 000 | 415 800 | 446 600 | 477 400 | 508 200 | 73 412(*) | | 620799 | 220 000 | 237 600 | 255 200 | 272 800 | 290 400 | 41 950(*) | | 620821 | 220 000 | 237 600 | 255 200 | 272 800 | 290 400 | 41 950(*) | | 620822 | 440 000 | 475 200 | 510 400 | 545 600 | 580 800 | 83 899(*) | | 620891 | 660 000 | 712 800 | 765 600 | 818 400 | 871 200 | 125 849(*) | | 620892 | 275 000 | 297 000 | 319 000 | 341 000 | 363 000 | 52 437(*) | | 621210 | 990 000 | 1 069 200 | 1 148 400 | 1 227 600 | 1 306 800 | 188 773(*) | (*) (Así reformada la table anterior correspondiente a partir del año 6 para cada una de las entradas del código SA pertinente de la columna de distribución de El Salvador por el aparte 18) sub aparte m. ix) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") | NICARAGUA | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | SA | Año 1 | Año 2 | Año 3 | Año 4 | Año 5 | A partir de año 6 | | Unidad total por año (contingente global anual, límites por subpartida) | 8 750 000 | 9 537 500 | 10 325 000 | 11 112 500 | 11 900 000 | 1 728 037(*) | | 610423 | 50 000 | 54 000 | 58 000 | 62 000 | 66 000 | 9 534(*) | | 610442 | 195 000 | 210 600 | 226 200 | 241 800 | 257 400 | 37 183(*) | | 610443 | 75 000 | 81 000 | 87 000 | 93 000 | 99 000 | 14 301(*) | | 610453 | 30 000 | 32 400 | 34 800 | 37 200 | 39 600 | 5 720(*) | | 610463 | 300 000 | 324 000 | 348 000 | 372 000 | 396 000 | 57 204(*) | | 610510 | 770 000 | 831 600 | 893 200 | 954 800 | 1 016 400 | 146 824(*) | | 610610 | 590 000 | 637 200 | 684 400 | 731 600 | 778 800 | 112 501(*) | | 610620 | 400 000 | 432 000 | 464 000 | 496 000 | 528 000 | 76 272(*) | | 610711 | 3 590 000 | 3 877 200 | 4 164 400 | 4 451 600 | 4 738 800 | 684 541(*) | | 610712 | 530 000 | 572 400 | 614 800 | 657 200 | 699 600 | 101 060(*) | | 610822 | 2 780 000 | 3 002 400 | 3 224 800 | 3 447 200 | 3 669 600 | 530 090(*) | | 610910 | 3 890 000 | 4 201 200 | 4 512 400 | 4 823 600 | 5 134 800 | 741 745(*) | | 610990 | 1 000 000 | 1 080 000 | 1 160 000 | 1 240 000 | 1 320 000 | 190 680(*) | | 620323 | 50 000 | 54 000 | 58 000 | 62 000 | 66 000 | 9 534(*) | | 620342 | 1 000 000 | 1 080 000 | 1 160 000 | 1 240 000 | 1 320 000 | 190 680(*) | | 620343 | 470 000 | 507 600 | 545 200 | 582 800 | 620 400 | 89 620(*) | | 620443 | 245 000 | 264 600 | 284 200 | 303 800 | 323 400 | 46 717(*) | | 620444 | 140 000 | 151 200 | 162 400 | 173 600 | 184 800 | 26 695(*) | | 620462 | 1 370 000 | 1 479 600 | 1 589 200 | 1 698 800 | 1 808 400 | 261 232(*) | | 620463 | 350 000 | 378 000 | 406 000 | 434 000 | 462 000 | 66 738(*) | | 620520 | 330 000 | 356 400 | 382 800 | 409 200 | 435 600 | 62 924(*) | | 620711 | 365 000 | 394 200 | 423 400 | 452 600 | 481 800 | 69 598(*) | | 620719 | 55 000 | 59 400 | 63 800 | 68 200 | 72 600 | 10 487(*) | | 620721 | 95 000 | 102 600 | 110 200 | 117 800 | 125 400 | 18 115(*) | | 620722 | 20 000 | 21 600 | 23 200 | 24 800 | 26 400 | 3 814(*) | | 620791 | 160 000 | 172 800 | 185 600 | 198 400 | 211 200 | 30 509(*) | | 620821 | 100 000 | 108 000 | 116 000 | 124 000 | 132 000 | 19 068(*) | | 620822 | 90 000 | 97 200 | 104 400 | 111 600 | 118 800 | 17 161(*) | | 620891 | 10 000 | 10 800 | 11 600 | 12 400 | 13 200 | 1 907(*) | | 620892 | 10 000 | 10 800 | 11 600 | 12 400 | 13 200 | 1 907(*) | | 621210 | 30 000 | 32 400 | 34 800 | 37 200 | 39 600 | 5 720(*) | | 621220 | 500 000 | 540 000 | 580 000 | 620 000 | 660 000 | 95 340(*) | | 621230 | 20 000 | 21 600 | 23 200 | 24 800 | 26 400 | 3 814(*) | | 621290 | 1 000 000 | 1 080 000 | 1 160 000 | 1 240 000 | 1 320 000 | 190 680(*) | (*) (Así reformada la table anterior correspondiente a partir del año 6 para cada una de las entradas del código SA pertinente de la columna de distribución de Nicaragua por el aparte 18) sub aparte m. x) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") 2. Después del periodo de cinco años previsto en el apartado 1, letra b), las Partes evaluarán la aplicación del sistema de contingentes, en particular con respecto a las cantidades y su distribución. Las Partes evaluarán si es viable aceptar un incremento anual para los próximos años, así como su distribución entre los productos de los capítulos 61 y 62.

NOTA 5 Para los productos de la subpartida 7607 20 (Hojas y tiras, delgadas, de aluminio, (incluso impresas o fijadas sobre papel, cartón, plástico o soportes similares), de espesor inferior o igual a 0,2 mm (sin incluir el soporte), con soporte), la siguiente norma conferirá origen a las mercancías exportadas desde El Salvador a la Parte UE dentro de un contingente anual de 136(*) toneladas métricas:

(*) (Así reformado por el el aparte 18) sub aparte m.xi) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") Fabricación a partir de materiales de cualquier partida.

NOTA 6 Para los productos de las partidas 8544 30 (Juegos de cables para bujías de encendido y demás juegos de cables de los tipos utilizados en los medios de transporte); 8544 42 (Los demás conductores eléctricos para una tensión inferior o igual a 1 000 V: Provistos de piezas de conexión); 8544 49 (Los demás conductores eléctricos para una tensión inferior o igual a 1 000 V: los demás) y 8544 60 (Los demás conductores eléctricos para una tensión superior a 1 000 V) la siguiente norma conferirá origen a las mercancías exportadas desde Centroamérica a la Unión Europea dentro del contingente anual de 2 724(*) toneladas métricas:

(*) (Así reformado por el el aparte 18) sub aparte m.xii. a) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") Fabricación a partir de materiales de cualquier partida.

Esta norma conferirá origen a las mercancías exportadas desde Centroamérica a la Unión Europea dentro de los siguientes contingentes anuales:

PaísToneladas métricas
Honduras1 090
Centroamérica1 634

(*) (Así reformada la table anterior por el aparte 18) sub aparte m.xii. b) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") APÉNDICE 3 EJEMPLARES DE CERTIFICADO DE CIRCULACIÓN DE MERCANCÍAS EUR.1 Y SOLICITUD DE CERTIFICADO DE CIRCULACIÓN DE MERCANCÍAS EUR.1 Instrucciones para su impresión 1. Cada formato del certificado deberá medir 210 × 297 mm; se permitirá una tolerancia en la longitud de hasta 5 mm por defecto u 8 mm por exceso. El papel utilizado será de color blanco, de tamaño para escribir, sin pasta mecánica y con un peso mínimo de 25 g/m2. Irá revestido de una impresión de fondo labrada de color verde que haga visible cualquier falsificación por medios mecánicos o químicos.

2. Las autoridades públicas competentes de los Estados miembros de la Unión Europea y de las Repúblicas de la Parte CA podrán reservarse el derecho de imprimir los certificados ellos mismos o confiar su impresión a imprentas autorizadas. En este último caso, cada certificado deberá hacer referencia a esta autorización. Cada certificado deberá incluir el nombre, los apellidos y la dirección del impresor o una marca que permita su identificación. Deberá llevar un número de serie, impreso o no, que permita identificarlo.

164 Para las mercancías sin embalar, hágase constar el número de objetos o la mención "a granel".

165 Complétese solo si la normativa del país o territorio NOTAS 1. El certificado no deberá llevar raspaduras ni correcciones superpuestas. Cualquiermodificación deberá hacerse tachando los datos erróneos y añadiendo las correcciones necesarias. Tales modificaciones deberán ser rubricadas por la persona que completó el certificado y visadas por parte de las autoridades públicas o aduaneras competentes del país o territorio de expedición.

2. No deberán quedar renglones vacíos entre los distintos artículos indicados en el certificado y cada artículo irá precedido de un número de orden. Se trazará una línea horizontal inmediatamente después del último artículo. Los espacios no utilizados deberán rayarse de forma que resulte imposible cualquier añadido posterior.

3. Las mercancías deberán describirse de conformidad con la práctica comercial y de manera suficientemente detallada para permitir su identificación.

166 En caso de que las mercancías no estén embaladas, indíquese r el número de artículos o la mención "a granel", según sea el caso.

DECLARACIÓN DEL Yo, el que suscribe, exportador de las mercancías designadas en el anverso, DECLARO que estas mercancías cumplen los requisitos exigidos para la obtención del certificado adjunto; PRECISO que las circunstancias que han permitido que estas mercancías cumplan tales requisitos antes apunta son:

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PRESENTO los siguientes documentos justificativos167:

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ME COMPROMETO a presentar, a petición de las autoridades públicas competentes, todo justificante suplementario que consideren necesario con el fin de expedir el certificado adjunto, y me comprometo a aceptar que dichas autoridades realicen, si fuera necesario, cualquier inspección de mi contabilidad y de las circunstancia la fabricación de las mencionadas mercancías; SOLICITO la ..............................................................................................

(Lugar y fecha) ..............................................................................................

(Firma) 167 Por ejemplo: documentos de importación, certificado de circulación, facturas, declaraciones del fabricante, etc., referentes a los productos empleados en la fabricación o a las mercancías reexportadas en el mismo estado.

APÉNDICE 4 DECLARACIÓN EN FACTURA Requisitos específicos para extender una declaración en factura (*) (Nota de Sinalevi: Mediante el aparte 18) sub aparte m.xiv) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", en relación al apéndice 4) anterior se indicó que todas las versiones de la declaración de facturación sólo se incorporan las redactadas en español e inglés, y la segunda oración de la nota al pie de página 2 no se incorpora.)

La declaración en factura cuyo texto figura a continuación se extenderá utilizando una de las versiones lingüísticas establecidas y de conformidad con las disposiciones de la legislación nacional del país exportador. Si la declaración se extiende a mano, deberá escribirse con tinta y en caracteres de imprenta. La declaración en factura se extenderá de conformidad con las notas a pie de página correspondientes. No será necesario reproducir las notas a pie de página.

Versión búlgara Износителят на продуктите, обхванати от този документ (разрешение № . от митница или от друг компетентен държавен орган (1)) декларира, че освен където ясно е отбелязано друго, тези продукти са с . (2) преференциален произход.

Versión española El exportador de los productos incluidos en el presente documento (autorización aduanera o de la autoridad pública competente nº ... (1)) declara que, salvo indicación en sentido contrario, estos productos gozan de un origen preferencial ... (2).

Versión checa Vývozce výrobků uvedených v tomto dokumentu (číslo povolení celního nebo příslusného vládního orgánu ... (1)) prohlasuje, ze kromě zřetelně označených, mají tyto výrobky preferenční původ v ... (2).

Versión danesa Eksportøren af varer, der er omfattet af nærværende dokument, (toldmyndighedernes eller den kompetente offentlige myndigheds tilladelse nr. ... (1)) erklærer, at varerne, medmindre andet tydeligt er angivet, har præferenceoprindelse i ... (2).

Versión alemana Der Ausführer (Ermächtigter Ausführer;Bewillingung der Zollbehörde oder der zuständigen Regierungsbehörde Nr. . (1)) der Waren, auf die sich dieses Handelspapier bezieht, erklärt, dass diese Waren, soweit nichts anderes angegeben, präferenzbegünstigte Ursprungswaren ... (2) sind.

Versión estonia Käesoleva dokumendiga hõlmatud toodete eksportija (tolliameti või pädeva valitsusasutuse luba nr. ... (1)) deklareerib, et need tooted on ... (2) sooduspäritoluga, välja arvatud juhul kui on selgelt näidatud teisiti.

Versión griega Ο εξαγωγέας των προϊόντων που καλύπτονται από το παρόν έγγραφο (άδεια τελωνείου ή της καθύλην αρμόδιας αρχής, υπ΄αριθ. ... (1)) δηλώνει ότι, εκτός εάν δηλώνεται σαφώς άλλως, τα προϊόντα αυτά είναι προτιμησιακής καταγωγής ... (2).

Versión inglesa The exporter of the products covered by this document (customs or competent public authority authorisation No ... (1)) declares that, except where otherwise clearly indicated, these products are of ... preferential origin (2).

Versión francesa L'exportateur des produits couverts par le présent document (autorisation douanière ou de l'autorité publique compétente n° . (1)) déclare que, sauf indication claire du contraire, ces produits ont l'origine préférentielle ... (2).

Versión italiana L'esportatore delle merci contemplate nel presente documento (autorizzazione doganale o dell'autorità pubblica competente n. . (1)) dichiara che, salvo indicazione contraria, le merci sono di origine preferenziale ... (2).

Versión letona Eksportētājs produktiem, kuri ietverti sajā dokumentā (muitas vai kompetentu valsts iestāzu pilnvara Nr. . (1)), deklarē, ka, iznemot tur, kur ir citādi skaidri noteikts, siem produktiem ir prieksrocību izcelsme no . (2).

Versión lituana To produktu eksportētājs, kuri ietverti sajā dokumentā (muitas vai kompetentu valsts iestāzu atļauja Nr. . (1)), deklarē, ka,izņemot tur, kur ir citādi skaidri noteikts, siem produktiem ir preferenciālā izcelsme . (2) Versión húngara A jelen okmányban szereplő áruk exportőre (vámfelhatalmazási szám: . (1) vagy az illetékes kormányzati szerv által kiadott engedély száma: .) kijelentem, hogy eltérő jelzs hiányában az áruk kedvezményes . származásúak (2).

Versión maltesa L-esportatur tal-prodotti koperti b'dan id-dokument (awtorizzazzjoni kompetenti tal-gvern jew tad-dwana nru. . (1)) jiddikjara li, hlief fejn indikat b'mod car li mhux hekk, dawn ilprodotti huma ta' origini preferenzjali . (2).

Versión neerlandesa De exporteur van de goederen waarop dit document van toepassing is (douanevergunning of vergunning van de competente overheidsinstantie nr. .(1)) verklaart dat, behoudens uitdrukkelijke andersluidende vermelding, deze goederen van preferentiële ... oorsprong zijn (2).

Versión polaca Eksporter produktów objętych tym dokumentem (upoważnienie władz celnych lub upoważnienie właściwych władz nr . (1)) deklaruje, że z wyjątkiem gdzie jest to wyraźnie określone, produkty te mają . (2) preferencyjne pochodzenie.

Versión portuguesa O abaixo assinado, exportador dos produtos cobertos pelo presente documento (autorização aduaneira ou da autoridade governamental competente n° . (1)) declara que, salvo expressamente indicado em contrário, estes produtos são de origem preferencial ... (2).

Versión rumana produselor ce fac obiectul acestui document (autorizaţia vamală sau a autorităţii guvernamentale competente nr. ... (1)) declară că, exceptând cazul în care in mod expres el presente indicat altfel, aceste produse sunt de origine preferenţială ... (2).

Versión eslovaca Vývozca výrobkov uvedených v tomto dokumente (číslo povolenia colnej správy alebo príslusného vládneho povolenia . (1)) vyhlasuje, ze okrem zreteľne označených, majú tieto výrobky preferenčný pôvod v . (2).

Versión eslovena Izvoznik blaga, zajetega s tem dokumentom, (pooblastilo carinskih ali pristojnih drzavnih organov st. . (1))izjavlja, da, razen če ni drugače jasno navedeno, ima to blago preferencialno ... (2) poreklo .

Versión finesa Tässä asiakirjassa mainittujen tuotteiden viejä (tullin tai toimivaltaisen julkisen viranomaisen lupa nro ... (1)) ilmoittaa, että nämä tuotteet ovat, ellei toisin ole selvästi merkitty, etuuskohteluun oikeutettuja ... alkuperätuotteita (2).

Versión sueca av de varor som omfattas av detta dokument (tullmyndighetens tillstånd eller behörig statlig myndighet nr. __.(1)) försäkrar att dessa varor, om inte annat tydligt markerats, har förmånsberättigande ___ ursprung (2) ....................................................

(3) (Lugar y fecha) .....................................................

(4) (Firma del exportador; además deberá indicarse de forma legible el nombre de la persona que firma la declaración) (1) Cuando la declaración en factura se efectúe por un exportador autorizado en el sentido de lo dispuesto en el artículo 20 del anexo II, el número de autorización del en factura no la efectúe un exportador autorizado deberán omitirse las palabras entre paréntesis o deberá dejarse el espacio en blanco.

(2) Indíquese el origen de los productos. Cuando la declaración en factura se refiera, en su totalidad o en parte, a productos originarios de Ceuta y Melilla en el sentido del artículo 34 del anexo II, el exportador deberá indicarlo claramente en el documento en el que efectúe la declaración mediante el símbolo «CM».

(3) Estas indicaciones podrán omitirse si el propio documento contiene ya la información .

(4) Véase el artículo 19, apartado 5, del anexo II. En los casos en que no se requiera la firma del firmante APÉNDICE 5 PERIODO DE TIEMPO PARA LA PRESENTACIÓN DE UNA DECLARACIÓN DE FACTURA O REEMBOLSO DE LOS ARANCELES SEGÚN ESTABLECEN EL ARTÍCULO 19, APARTADO 6, Y EL ARTÍCULO 21, APARTADO 4, DEL ANEXO II, RELATIVO A LA DEFINICIÓN DEL CONCEPTO DE "PRODUCTOS ORIGINARIOS" Y MÉTODOS DE COOPERACIÓN ADMINISTRATIVA 1. Para la Parte UE, dos años.

2. Para las Repúblicas de la Parte CA, un año.

APÉNDICE 6 IMPORTES MENCIONADOS EN EL ARTÍCULO 19, APARTADO 1, LETRA B), Y EL

DISPOSICIONES COMUNES

24

CONCEPTO DE "PRODUCTOS ORIGINARIOS" Y MÉTODOS DE COOPERACIÓN ADMINISTRATIVA CONDICIONES PARA EXTENDER UNA DECLARACIÓN EN FACTURA De conformidad con el artículo 19, apartado 1, letra b), del anexo II, la declaración en factura mencionada en el artículo 14, apartado 1, letra b), de dicho anexo podrá ser extendida por cualquier exportador para cualquier envío constituido por uno o varios bultos que contengan productos originarios cuyo valor total no exceda de 6 000 euros.

EXENCIONES DE LA PRUEBA DE ORIGEN De conformidad con el artículo 24, apartado 3, del anexo II, el valor total de los productos indicados en dicho artículo no será superior a 500 euros cuando se trate de bultos pequeños o a 1 200 euros en el caso de productos que formen parte del equipaje personal del viajero.

ASISTENCIA ADMINISTRATIVA MUTUA EN MATERIA DE ADUANAS

ANEXO III

1

Definiciones A efectos del presente anexo:

  • a)"autoridad requirente" significa una autoridad aduanera competente u otra autoridad administrativa designada por una Parte para este fin y que formule una solicitud de asistencia de conformidad con el presente anexo; b) "infracción de la legislación aduanera" significa cualquier violación o intento de violación de la legislación aduanera; c) "legislación aduanera" significa cualquier disposición legal, reglamentaria o administrativa vinculante, aplicable en el territorio de las Partes, que regule la importación, la exportación y el tránsito de mercancías y su inclusión en cualquier otro régimen, procedimiento u operación aduanera, incluidas las medidas de prohibición, restricción y control; d) "información" significa datos en cualquier forma, documentos, registros, informes y copias de estos que puedan ser certificados o legalizados; e) "datos personales" significa toda información relativa a una persona natural identificada o identificable; y f) "autoridad requerida" significa una autoridad aduanera competente u otra autoridad administrativa designada por una Parte para este fin y que reciba una solicitud de asistencia de conformidad con el presente anexo.
2

Ámbito de aplicación 1. Las Partes se prestarán asistencia mutua, en el marco de su competencia, de la forma y en las condiciones previstas en el presente anexo, para asegurar la correcta aplicación de la legislación aduanera, en particular previniendo, investigando y reprimiendo las infracciones de la legislación aduanera.

2. La asistencia en materia aduanera prevista en el presente anexo, se aplicará a toda autoridad aduanera u otra autoridad administrativa de las Partes que sea competente para la aplicación del presente anexo. Dicha asistencia será sin perjuicio de las disposiciones por las que se regula la asistencia mutua en materia penal y no cubrirá la información obtenida en virtud de competencias ejercidas a solicitud de una autoridad judicial, a menos que la comunicación de dicha información sea autorizada por dicha autoridad.

3. La asistencia en materia de cobro de derechos, impuestos o multas no está cubierta por el presente anexo.

3

Asistencia previa solicitud 1. A petición de la autoridad requirente, la autoridad requerida le entregará toda información pertinente que le permita asegurarse de que la legislación aduanera se aplique correctamente, incluida la información relativa a las actividades observadas o proyectadas que constituyan o puedan constituir infracciones de la legislación aduanera.

2. A petición de la autoridad requirente, la autoridad requerida le informará sobre:

  • a)si las mercancías exportadas desde el territorio de una de las Partes han sido importadas al territorio de la otra Parte en observancia de la legislación aduanera aplicable, precisando, cuando sea pertinente, el procedimiento aduanero aplicado a dichas mercancías; b) si las mercancías importadas en el territorio de una de las Partes han sido exportadas desde el territorio de la otra Parte en observancia de la legislación aduanera aplicable, precisando, cuando sea pertinente, el procedimiento aduanero aplicado a dichas mercancías.

3. A petición de la autoridad requirente, la autoridad requerida adoptará, dentro del marco de sus disposiciones legales o reglamentarias, las medidas necesarias para asegurar una especial vigilancia sobre:

  • a)personas naturales o jurídicas con respecto a las cuales existan indicios de que están participando o han participado en la comisión de infracciones de la legislación aduanera; b) lugares en que se hayan reunido o puedan reunirse depósitos de mercancías, de manera que existan indicios para suponer que se trata de mercancías destinadas a ser utilizadas en la comisión de infracciones de la legislación aduanera; c) mercancías transportadas o que puedan serlo de manera que existan indicios de que están destinadas a ser utilizadas en la comisión de infracciones de la legislación aduanera; d) medios de transporte que estén siendo o puedan ser utilizados de manera que existan indicios de que están destinados a ser utilizados en la comisión de infracciones de la legislación aduanera.
4

Asistencia espontánea Las Partes se prestarán asistencia mutua, por iniciativa propia y de conformidad con sus disposiciones legales o reglamentarias, cuando consideren que ello es necesario para la correcta aplicación de la legislación aduanera, en particular aportando información que hayan obtenido en relación con:

  • a)actividades que sean o aparenten ser infracciones de la legislación aduanera y que puedan ser de interés para la otra Parte; b) nuevos medios o métodos empleados en la realización de infracciones de la legislación aduanera; c) mercancías de las que se tenga conocimiento que son objeto de infracciones de la legislación aduanera; d) personas naturales o jurídicas sobre las que existan indicios de que están participando o han participado en la comisión de infracciones de la legislación aduanera; e) medios de transporte respecto de los cuales existan indicios de que han sido, son o podrían ser utilizados en la comisión de infracciones de la legislación aduanera.
5

Entrega y notificación 1. A petición de la autoridad requirente, la autoridad requerida deberá, de conformidad con las disposiciones legales o reglamentarias que le sean aplicables, adoptar todas las medidas necesarias para entregar cualesquiera documentos o notificar cualquier decisión que emanen de la autoridad requirente y que entren en el ámbito de aplicación del presente anexo, a un destinatario que resida o esté establecido en el territorio de la autoridad requerida.

2. Las solicitudes de entrega de documentos o de notificación de decisiones se realizarán por escrito en un idioma oficial de la autoridad requerida o en un idioma aceptable para dicha autoridad.

6

Forma y contenido de las solicitudes de asistencia 1. Las solicitudes formuladas en virtud del presente anexo se presentarán por escrito. Irán acompañadas de los documentos necesarios para facilitar el cumplimiento de la solicitud. Cuando la urgencia de la situación lo exija, podrán aceptarse solicitudes verbales, pero deberán ser confirmadas por escrito a más tardar en los cinco días siguientes a la solicitud oral. En el caso de que no se cumpla esta condición, la autoridad requerida podrá no tomar en consideración la solicitud o considerarla como si no se hubiera presentado.

2. Las solicitudes presentadas de conformidad con el apartado 1 contendrán los datos siguientes:

  • a)autoridad requirente y, si es posible, el nombre del funcionario responsable; b) autoridad requerida; c) asistencia solicitada; d) objeto y motivo de la solicitud; e) disposiciones legales o reglamentarias y demás elementos jurídicos en que se basa la solicitud; f) indicaciones tan exactas y completas como sea posible acerca de las personas naturales o jurídicas que sean objeto de las investigaciones; g) un resumen de los hechos pertinentes y de las investigaciones ya efectuadas; y h) una indicación de si no estaría en condiciones de proporcionar la asistencia requerida si le fuere solicitada.

3. Las solicitudes se redactarán en un idioma oficial de la autoridad requerida o en un idioma que acepte dicha autoridad. Este requisito no se aplicará a los documentos que acompañen a la solicitud contemplada en el apartado 1.

4. Si una solicitud no cumple los requisitos formales antes establecidos, podrá solicitarse que se corrija o complete; mientras tanto, podrán adoptarse las medidas cautelares que procedan, de conformidad con las disposiciones legales o reglamentarias de la autoridad requerida.

7

Tramitación de las solicitudes 1. Para responder a una solicitud de asistencia, la autoridad requerida procederá, dentro de los límites de su competencia y de los recursos de que disponga, como si actuara por su propia cuenta o a petición de otras autoridades de esa misma Parte, proporcionando la información que ya se encuentre en su poder, realizando o disponiendo que se realicen las investigaciones necesarias. Esta disposición también se aplicará a cualquier otra autoridad a la que la autoridad requerida haya enviado la solicitud cuando esta última no pueda actuar por su propia cuenta.

2. Las solicitudes de asistencia se tramitarán de conformidad con las disposiciones legales o reglamentarias de la Parte requerida y conforme a lo establecido en el presente anexo.

3. Los funcionarios debidamente autorizados de una Parte podrán, con el consentimiento de la otra Parte involucrada y sujetos a las condiciones previstas por esta, presentarse para obtener, en las oficinas de la autoridad requerida o de cualquier otra autoridad pertinente de conformidad con el apartado 1, la información relativa a las actividades que constituyan o puedan constituir una infracción a la legislación aduanera que necesite la autoridad requirente a efectos del presente anexo.

4. Los funcionarios debidamente autorizados de una Parte podrán, con el consentimiento de la otra Parte involucrada y en las condiciones previstas por esta última, estar presentes en las investigaciones realizadas en el territorio de esta última.

5. En caso de que la autoridad requerida no sea la competente para cumplir la solicitud de asistencia, deberá transmitir la solicitud al servicio competente y notificará a la autoridad requirente las medidas adoptadas.

8

Forma en la que se deberá comunicar la información 1. La autoridad requerida comunicará por escrito los resultados de las investigaciones a la autoridad requirente, adjuntando los documentos, copias certificadas o legalizadas y demás elementos pertinentes.

2. Esta información podrá entregarse en forma informática o por medios electrónicos.

3. Los documentos originales solo se transmitirán, a solicitud, en los casos en que las copias certificadas o legalizadas no sean suficientes. Estos originales se devolverán a la mayor brevedad posible.

9

Excepciones a la obligación de prestar asistencia 1. La asistencia podrá denegarse o estar sujeta al cumplimiento de determinadas condiciones o requisitos, en los casos en que una Parte considere que la asistencia en el marco del presente anexo:

  • a)podría ir en menoscabo de la soberanía de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Panamá o de un Estado miembro de la Unión Europea al que se haya solicitado asistencia de conformidad con el presente anexo; o b) podría atentar contra el orden público, la seguridad u otros intereses esenciales, en particular en los casos previstos en el artículo 10, apartado 2; o c) violaría un secreto industrial, comercial o profesional.

2. La autoridad requerida podrá aplazar la asistencia cuando considere que esta pueda interferir con una investigación, un proceso judicial o un procedimiento en curso. En tal caso, la autoridad requerida consultará a la autoridad requirente para determinar si puede prestarse la asistencia conforme a los términos y condiciones que la autoridad requerida pueda exigir.

3. Si la autoridad requirente solicitase una asistencia que ella misma no estaría en condiciones de proporcionar si le fuera solicitada, pondrá de manifiesto este hecho en su solicitud. Entonces corresponderá a la autoridad requerida decidir la forma en que debe responder a tal solicitud.

4. En los casos a los que se refieren los apartados 1 y 2, la decisión de la autoridad requerida y sus razones deben comunicarse sin demora a la autoridad requirente.

10

Intercambio de información y confidencialidad 1. Toda información comunicada en aplicación del presente anexo tendrá carácter confidencial o restringido, de acuerdo con las normas aplicables en cada una de las Partes. Estará sujeta a la obligación de confidencialidad o de secreto profesional aplicable en cada una de las Partes y gozará de la protección correspondiente a este tipo de información conforme a las disposiciones legales y reglamentarias de cada Parte.

2. Los datos de carácter personal solo podrán ser intercambiados, de conformidad con la legislación de cada Parte, cuando la Parte que los reciba se comprometa a protegerlos en forma al menos equivalente a la aplicable a ese caso concreto en la Parte que los suministra.

3. La utilización, en procesos judiciales o procedimientos administrativos iniciados en relación con infracciones de la legislación aduanera, de información obtenida de conformidad con el presente anexo se considerará realizada a efectos del presente anexo. Por lo tanto, las Partes podrán, en sus registros de datos, informes y testimonios y en los procedimientos y acusaciones ante los tribunales, utilizar como prueba la información obtenida y los documentos consultados de conformidad con las disposiciones del presente anexo. La autoridad competente que haya suministrado dicha información o haya dado acceso a dichos documentos será notificada de dicha utilización.

4. La información obtenida se utilizará únicamente a efectos del presente anexo. Cuando una de las Partes desee utilizar dicha información para otros fines, deberá obtener el consentimiento previo por escrito de la autoridad que haya suministrado la información. Dicho uso estará sometido a las restricciones impuestas por dicha autoridad.

11

Peritos y testigos Podrá autorizarse a un funcionario de la autoridad requerida a comparecer, dentro de los límites de la autorización concedida, como perito o testigo en procesos judiciales o procedimientos administrativos respecto de los asuntos regulados en el presente anexo y a presentar los objetos, documentos o copias certificadas o legalizadas de los mismos que puedan resultar necesarios para los procedimientos. En la solicitud de comparecencia deberá indicarse específicamente la autoridad judicial o administrativa ante la cual el funcionario deberá comparecer y sobre qué asuntos y en virtud de qué título o cualificación se interroga al funcionario.

12

Gastos de asistencia Las Partes renunciarán respectivamente a cualquier reclamación relativa al reembolso de los gastos derivados de la aplicación del presente anexo salvo, en su caso, a los gastos pagados a los peritos y testigos, así como a los intérpretes y traductores que no sean empleados de la administración pública.

13

Aplicación 1. La aplicación del presente anexo se confiará a las autoridades aduaneras u otras autoridades competentes de las Partes, quienes adoptarán todas las medidas y disposiciones prácticas necesarias para su aplicación. Podrán proponer a los organismos competentes las modificaciones que consideren que deban introducirse en el presente anexo.

2. Las Partes se consultarán entre ellas y con posterioridad se comunicarán las normas de aplicación que se adopten de conformidad con lo dispuesto en el presente anexo.

14

Otros acuerdos 1. Atendiendo a las competencias respectivas de la Unión Europea y de sus Estados miembros, por una parte, y de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá, por otra, las disposiciones del presente anexo:

  • a)no afectarán a las obligaciones de las Partes en virtud de cualquier otro acuerdo o convenio internacional; b) se considerarán complementarias a los Acuerdos de asistencia mutua que hayan sido celebrados o que puedan celebrarse entre los Estados miembros de la Unión Europea y Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá, o entre esos países; y c) no afectarán a las disposiciones de la Unión Europea relativas a la comunicación, entre los servicios competentes de la Comisión Europea y las autoridades aduaneras de los Estados miembros de la Unión Europea, de cualquier información obtenida en virtud del presente anexo que pueda interesar a la Unión Europea.

(Nota de Sinalevi: Mediante el aparte 19) sub aparte a) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó indicar que el inciso c) anterior no se incorpora al Acuerdo anteriormente referido) 2. No obstante lo dispuesto en el apartado 1, letra b), las disposiciones del presente anexo prevalecerán sobre las disposiciones de cualquier acuerdo bilateral sobre asistencia mutua que haya sido celebrado, entre el Reino Unido y cualesquiera de las Repúblicas de la Parte CA antes de la fecha de la firma del presente Acuerdo, en la medida en que las disposiciones de este último sean incompatibles con las del presente anexo.

(Así reformado el párrafo anterior por el aparte 19) sub aparte b) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") 3. Para resolver las cuestiones relacionadas con la aplicabilidad del presente anexo, las Partes se consultarán mutuamente en el marco del Subcomité de Aduanas, Facilitación del Comercio y Reglas de Origen establecido en virtud del artículo 123 del capítulo 3 del título II (Comercio de mercancías) de la parte IV del presente Acuerdo.

1. Las Partes acuerdan que la cooperación administrativa es fundamental para la aplicación y el control del trato preferencial otorgado en virtud del capítulo 1 del título II (Comercio de mercancías) de la parte IV del presente Acuerdo y destacan su compromiso de luchar contra las infracciones de la legislación aduanera.

2. Cuando una Parte constate, basándose en información objetiva, que otra Parte no ha proporcionado cooperación administrativa con respecto a las preferencias otorgadas en virtud del capítulo 1 del título II (Comercio de mercancías) de la parte IV del presente Acuerdo, la Parte afectada podrá suspender temporalmente el trato preferencial correspondiente otorgado al producto o a los productos afectados de conformidad con el presente anexo.

3. A efectos del presente anexo, se entenderá por falta de cooperación administrativa de una Parte:

  • a)el incumplimiento reiterado de las obligaciones de verificar la condición de originario del producto o los productos afectados, a solicitud de la otra Parte; b) la reiterada negativa o el retraso injustificado en la comunicación de los resultados de las subsecuentes verificaciones de la prueba de origen, a solicitud de la otra Parte; c) la reiterada negativa o el retraso injustificado en obtener la autorización para llevar a cabo misiones de cooperación administrativa para verificar la autenticidad de los documentos o la exactitud de la información pertinente para la concesión del trato preferencial. La solicitud de la autorización para llevar a cabo misiones de cooperación administrativa se establecerá a través de las autoridades públicas competentes de cada Parte.

4. La aplicación de una suspensión temporal estará sujeta a las siguientes condiciones:

  • a)la Parte que haya constatado, basándose en información objetiva, la falta de cooperación administrativa deberá, antes de aplicar cualquier suspensión temporal, notificar sin retraso injustificado su constatación al Comité de Asociación junto con la información objetiva y entablar consultas en el Comité de Asociación, sobre la base de toda la información pertinente y las constataciones objetivas, con el objeto de alcanzar una solución aceptable para ambas Partes a fin de evitar la aplicación de la suspensión temporal; b) cuando las Partes hubieran entablado consultas en el Comité de Asociación según lo indicado anteriormente y no hubieran podido ponerse de acuerdo sobre una solución aceptable en un plazo de tres meses a partir de la notificación, para evitar la aplicación de una suspensión temporal, la Parte afectada podrá suspender temporalmente el trato preferencial correspondiente del producto o los productos afectados. Se notificará la suspensión temporal al Comité de Asociación sin retraso injustificado; c) las suspensiones temporales contempladas en el presente anexo se limitarán a lo necesario para proteger los intereses financieros de la Parte afectada. Estas no deberán sobrepasar un período de seis meses, a menos que en ese momento no hayan cambiado las circunstancias que justificaron la suspensión temporal. Las suspensiones temporales se notificarán inmediatamente después de su adopción al Comité de Asociación. Estas estarán sujetas a consultas periódicas en el Comité de Asociación, en particular con vistas a su suspensión tan pronto como dejen de darse las condiciones que justificaron su aplicación.

5. Las Partes comunicarán a los importadores las conclusiones principales de la consulta del Comité de Asociación y/o la adopción de una suspensión temporal en virtud del presente anexo, de conformidad con los procedimientos internos de las Partes.

GESTIÓN DE LOS ERRORES ADMINISTRATIVOS Cuando una Parte constate, basándose en información objetiva, la existencia de un error por parte de las autoridades públicas competentes de la otra Parte en cuanto a la correcta gestión del sistema de preferencias a la exportación en relación con la aplicación de las disposiciones del anexo II (Relativo a la definición del concepto de "productos originarios" y métodos de cooperación administrativa), cuando este error tenga consecuencias sobre los aranceles de importación, la Parte que deba sufrir esas consecuencias solicitará al Comité de Asociación que examine las posibilidades de adoptar todas las medidas apropiadas con miras a resolver la situación de manera satisfactoria para las Partes.

AUTORIDADES COMPETENTES A. AUTORIDADES COMPETENTES DEL REINO UNIDO (Así reformado el párrafo anterior por el aparte 20) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") El Reino Unido notificará a las Repúblicas de la Parte CA de sus autoridades competentes en la fecha de entrada en vigor del presente Acuerdo.

(Así reformado el párrafo anterior por el aparte 20) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") B. AUTORIDADES COMPETENTES DE LAS REPÚBLICAS DE LA PARTE CA B.1. Autoridades competentes de Costa Rica - Servicio Nacional de Salud Animal (SENASA), del Ministerio de Agricultura y Ganadería (MAG), es la autoridad competente que regula la protección de la salud animal, salud pública veterinaria y la inocuidad de los alimentos de origen animal; - Servicio Fitosanitario del Estado (SFE), del MAG, es la autoridad competente que regula la protección sanitaria y fitosanitaria de los vegetales y de los residuos de plaguicidas en los vegetales; - Ministerio de Salud es la autoridad competente que garantiza la salud pública nacional y el control sanitario de los productos alimenticios destinados al consumo humano; y - Ministerio de Comercio Exterior (COMEX) es la autoridad competente responsable de la administración del capítulo 5 (Medidas sanitarias y fitosanitarias); o sus sucesores.

B.2. Autoridades competentes de El Salvador - Ministerio de Agricultura y Ganadería (MAG), a través de la Dirección General de Sanidad Vegetal y Animal, es la autoridad competente responsable de la protección de la salud humana, sanidad animal, salud pública veterinaria, sanidad y preservación de los vegetales; - Ministerio de Economía (MINEC), a través de la Dirección de Administración de Tratados Comerciales (DATCO), es la autoridad competente responsable de administrar la aplicación del capítulo 5 (Medidas sanitarias y fitosanitarias); y - Ministerio de Salud Pública y Asistencia Social (MSPAS), a través de la Unidad de Control de Alimentos, es la autoridad competente de asegurar la salud pública en el país, en coordinación con la autoridad competente en el MAG; o sus sucesores.

B.3. Autoridades competentes de Guatemala - Ministerio de Economía, a través de la Dirección de Administración del Comercio Exterior, es la autoridad competente responsable de administrar la aplicación del capítulo 5 (Medidas sanitarias y fitosanitarias); - Ministerio de Agricultura, Ganadería y Alimentación (MAGA), a través de la Unidad de Normas y Regulaciones (UNR), es la autoridad competente que regula la protección de la salud humana (salud pública veterinaria), salud animal, sanidad y preservación de los vegetales, así como el mantenimiento y seguridad de sus productos y subproductos no procesados; y - Ministerio de Salud Pública y Asistencia Social (MSPAS), a través de la Dirección de Control de Alimentos y Medicamentos, es la autoridad competente de asegurar la salud pública en el país y, en coordinación con la UNR, supervisar el control de la sanidad de los productos para consumo humano; o sus sucesores.

B.4. Autoridades competentes de Honduras - Secretaría de Estado en los Despachos de Industria y Comercio, a través de la Dirección General de Integración Económica y Política Comercial, es la autoridad competente responsable de la administración de la aplicación del capítulo 5 (Medidas sanitarias y fitosanitarias); - Secretaría de Estado en los Despachos de Agricultura y Ganadería (SAG), a través de la Dirección General del Servicio Nacional de Sanidad Agropecuaria (SENASA) y de la División de Seguridad Alimentaria, es la autoridad competente que regula la protección a la salud humana (salud pública veterinaria), salud animal, sanidad y preservación de los vegetales, así como la conservación e inocuidad de sus productos y subproductos; y - Secretaría de Estado en el Despacho de Salud, a través de la Dirección General de Regulación Sanitaria, es la autoridad competente de asegurar la salud pública del país y, en coordinación con SENASA, supervisar el control sanitario de los productos alimenticios para consumo humano; o sus sucesores.

B.5. Autoridades competentes de Nicaragua - Ministerio de Fomento, Industria y Comercio (MIFIC), a través de la Dirección de Aplicación y Negociación de Acuerdos Comerciales, es la autoridad competente responsable de administrar la aplicación del capítulo 5 (Medidas sanitarias y fitosanitarias); - Ministerio Agropecuario y Forestal (MAGFOR), a través de la Dirección General de Protección y Sanidad Agropecuaria (DGPSA), es la autoridad competente que regula la protección a la salud humana (salud pública veterinaria), salud animal, sanidad y preservación de los vegetales, así como el mantenimiento y seguridad de sus productos y subproductos, basándose en las regulaciones nacionales e internacionales con el fin de garantizar la salud alimenticia del consumidor; y - Ministerio de Salud (MINSA), a través de la Dirección de Regulación de Alimentos, es la autoridad competente de asegurar la salud pública nacional y, en coordinación con el MAGFOR / la DGPSA, asegurar el control sanitario de los alimentos para consumo humano; o sus sucesores.

B.6. Autoridades competentes de Panamá - Dirección Nacional de Salud Animal (DINASA), del Ministerio de Desarrollo Agropecuario (MIDA), es la autoridad encargada de asegurar la aplicación de las medidas de salud animal. MIDA coordina sus funciones con el Ministerio de Salud (MINSA) y con la Autoridad Panameña de Seguridad de Alimentos (AUPSA); - Dirección Nacional de Sanidad Vegetal (DINASAVE), del Ministerio de Desarrollo Agropecuario (MIDA), es la autoridad encargada de proteger y mantener las condiciones y calidad fitosanitarias, incluidos el control y prevención de plagas, así como el control de plaguicidas y fertilizantes; - Autoridad Panameña de Seguridad de Alimentos (AUPSA) es la autoridad encargada de asegurar el cumplimiento y la aplicación de la legislación internacional y nacional, relacionada con la inocuidad de los alimentos y la calidad de los alimentos destinados al consumo humano y animal que vayan a introducirse en el territorio nacional; - Departamento de Protección de Alimentos (DEPA). del Ministerio de Salud (MINSA). es la autoridad competente de supervisar y controlar la salud alimentaria, así como los establecimientos de alimentos y procesadores de alimentos, a través de inspecciones, análisis y registro de sistemas basados en criterios científicos, de conformidad con las medidas sanitarias y fitosanitarias internacionales; el DEPA coordina sus funciones con la DINASA, la AUPSA y la DINASAVE; y - Dirección Nacional de Administración de Tratados Comerciales Internacionales y Defensa Comercial (DINATRADEC), del Ministerio de Comercio e Industrias (MICI), es la autoridad competente responsable de la administración y aplicación del capítulo 5 (Medidas sanitarias y fitosanitarias); o sus sucesores.

REQUISITOS Y DISPOSICIONES PARA LA APROBACIÓN DE ESTABLECIMIENTOS DE PRODUCTOS DE ORIGEN ANIMAL 1. La autoridad competente de la Parte importadora elaborará las listas de establecimientos aprobados y las hará públicas.

2. Requisitos y procedimientos para la aprobación:

  • a)el producto de origen animal en cuestión deberá haber sido autorizado por la autoridad competente de la Parte importadora; esta autorización incluirá los requisitos de importación y de certificación; b) la autoridad competente de la Parte exportadora aprobará los establecimientos destinados a la establecimientos cumplen los requisitos sanitarios pertinentes de la Parte importadora; c) la autoridad competente de la Parte exportadora debe tener la facultad de suspender o retirar la aprobación de exportación de un establecimiento en caso de incumplimiento; d) la Parte importadora podrá llevar a cabo verificaciones de conformidad con lo dispuesto en el artículo 148 del capítulo 5 (Medidas sanitarias y fitosanitarias) del título II de la Parte IV del presente Acuerdo, como parte del procedimiento de aprobación.

Estas verificaciones se referirán a la estructura, organización y facultades de la autoridad competente responsable de la aprobación de los establecimientos y de las garantías sanitarias respecto al cumplimiento de los requisitos de la Parte importadora.

Estas inspecciones pueden incluir la inspección in situ de los establecimientos establecidos en la lista o las listas suministradas por la Parte exportadora.

Teniendo en cuenta la estructura específica y la división de competencias dentro de la Parte UE, en la Parte UE dicha verificación podrá referirse a Estados miembros individuales de la Unión Europea; y (Nota de Sinalevi: Mediante el aparte 21) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó indicar que el párrfao anterior no se incorpora al Acuerdo anteriormente referido) e) la Parte importadora podrá modificar las listas existentes de establecimientos sobre la base de los resultados de las verificaciones mencionadas en la letra d).

3. Las disposiciones de los apartados 1 y 2 se limitarán inicialmente a las siguientes categorías de establecimientos:

  • a)todos los establecimientos de carne fresca de especies domésticas; b) todos los establecimientos de carne fresca de caza silvestre y de cría; c) todos los establecimientos de carne de aves de corral; d) todos los establecimientos de productos a base de carne de todas las especies; e) todos los establecimientos de otros productos de origen animal destinados al consumo humano (por ejemplo, tripas, preparados de carne, carne picada); f) todos los establecimientos de leche y productos lácteos destinados al consumo humano; y g) establecimientos de transformación y barcos factoría/congeladores de productos de la pesca destinados al consumo humano, incluidos los moluscos bivalvos y los crustáceos.

DIRECTRICES APLICABLES A LAS VERIFICACIONES 1. Las verificaciones podrán llevarse a cabo sobre la base de auditorías y/o inspecciones in situ.

2. A efectos del presente anexo:

  • a)el "auditado" es la Parte sometida a verificación; y b) el "auditor" es la Parte que realiza la verificación.

3. Principios generales de la verificación a) Las verificaciones deben llevarse a cabo en cooperación entre el auditor y el auditado, de conformidad con las disposiciones del presente anexo.

  • b)Las verificaciones deben tener por objeto comprobar la efectividad de los controles del auditado, en lugar de rechazar animales, grupos de animales, partidas de establecimientos del sector alimentario o lotes individuales de plantas o productos vegetales. Cuando una verificación ponga de manifiesto un riesgo grave para la salud de las personas, los animales o los vegetales, el auditado adoptará inmediatamente las acciones correctivas. El proceso puede incluir el estudio de las normas pertinentes, el método de implementación, la evaluación del resultado final, el nivel de cumplimiento y las consiguientes medidas correctivas.
  • c)La frecuencia de las verificaciones debe basarse en el desempeño. Un bajo nivel de desempeño dará lugar a un aumento de la frecuencia de las verificaciones. Un desempeño no satisfactorio debe ser corregido por el auditado a satisfacción del auditor.
  • d)Las verificaciones y las decisiones basadas en estas se efectuarán de manera transparente y coherente.

4. Principios relativos al auditor Los auditores deben preparar un plan, preferiblemente de conformidad con normas internacionales reconocidas, que abarque los siguientes aspectos:

  • a)objeto, profundidad y alcance de la verificación; b) fecha y lugar de la verificación, así como un calendario que incluya la fecha de emisión del informe final; c) idioma o idiomas en los que se realizará la verificación y se redactará el informe; d) identidad de los auditores, incluido el jefe si se trata de un equipo; podrá exigirse una cualificación profesional especial para la verificación de sistemas y programas especializados; e) programa de reuniones con los funcionarios y visitas a establecimientos o instalaciones, según proceda; no será necesario comunicar por adelantado la identidad de los establecimientos o instalaciones que serán visitadas; f) sujeto a las disposiciones de libertad de información, el auditor deberá observar el principio de la confidencialidad comercial; deberán evitarse los conflictos de intereses; y g) respeto a las normas sobre higiene y seguridad ocupacional relacionadas con aspectos sanitarios y fitosanitarios; este plan debe revisarse previamente junto con representantes del auditado.

5. Principios relativos al auditado Los siguientes principios se aplican a las medidas adoptadas por el auditado, a fin de facilitar las verificaciones:

  • a)el auditado cooperará plenamente con el auditor y designará al personal responsable de esta tarea; la cooperación podrá incluir, por ejemplo:
  • i)el acceso a todas las reglamentaciones y normas pertinentes; ii) el acceso a programas de cumplimiento y a registros y documentos pertinentes; iii) el acceso a informes de auditoría e inspección; iv) el acceso a documentación relativa a las medidas correctivas y sanciones; o v) la facilitación de la entrada a los establecimientos; b) el auditado llevará a cabo un programa documentado para demostrar al auditor que las normas se cumplen de forma coherente y uniforme.

6. Procedimientos a) Reunión de apertura. Los representantes de las Partes deben celebrar una reunión de apertura. En esta reunión, el auditor será responsable de examinar el plan de verificación y de confirmar que se dispone de los recursos adecuados, de la documentación y de cualquier otro elemento necesario para llevar a cabo la verificación.

  • b)Examen de la documentación. El examen de la documentación puede consistir en una revisión de los documentos y los registros contemplados en el apartado 5, letra a), de las estructuras y competencias del auditado, así como cualquier modificación pertinente de los sistemas de inspección y certificación desde la entrada en vigor del presente Acuerdo o desde la verificación anterior, con énfasis en la implementación de elementos del sistema de inspección y certificación de animales, productos de origen animal, vegetales y productos de origen vegetal de interés. Puede incluir una evaluación de los registros y documentos de inspección y certificación pertinentes.
  • c)Inspecciones in situ:
  • i)Para decidir si es necesario llevar a cabo una inspección in situ, se debe considerar el riesgo del animal, vegetal o producto de que se trate, tomando en cuenta factores como el historial de conformidad con los requisitos del sector de la industria o el país exportador, el volumen de producción e importación o nacionales de inspección y de certificación.
  • ii)La inspección in situ podrá comprender visitas a las instalaciones de producción y manufactura, zonas de manipulación o almacenamiento de alimentos y laboratorios de control, para comprobar el cumplimiento con la información establecida en la documentación indicada en el apartado 6, letra b); d) Verificación de seguimiento. Cuando se efectúe una verificación de seguimiento para comprobar la rectificación de deficiencias, podrá ser suficiente con examinar solo aquellos puntos que se haya considerado necesario corregir.

7. Documentos de trabajo Los formularios para presentar los resultados y las conclusiones de la auditoría deben estar normalizados en la medida de lo posible con el fin de que el enfoque de la verificación sea más uniforme, transparente y eficaz. Los documentos de trabajo pueden incluir listas de comprobación de los elementos que han de evaluarse.

Dichas listas de comprobación pueden incluir:

  • a)legislación; b) estructura y operaciones de los servicios de inspección y certificación; c) datos de los establecimientos y sus procedimientos de trabajo, estadísticas de salud, planes de muestreo y resultados d) medidas y procedimientos de observancia; e) procedimientos de información y reclamación; y f) programas de formación.

8. Reunión de clausura Deberá celebrarse una reunión de clausura con representantes de las Partes, en la que participen, cuando proceda, los funcionarios encargados de los programas nacionales de inspección y certificación. En esta reunión, el auditor presentará los resultados de la verificación. La información se presentará en forma clara y concisa a fin de que se entiendan claramente las conclusiones de la auditoría. El auditado deberá elaborar un plan de acción para subsanar cualquier deficiencia observada, preferiblemente con fechas límite para la finalización.

9. Informe El borrador de informe de la verificación deberá enviarse al auditado en un plazo de veinte días hábiles. El auditado tendrá veinticinco días hábiles para formular observaciones sobre el borrador de informe. Los comentarios hechos por el auditado se adjuntarán y, cuando sea apropiado, se incorporarán al informe final. Sin embargo, en caso de que durante la verificación se detecte un riesgo importante para la salud de las personas, los animales o los vegetales, se informará al auditado tan pronto como sea posible y en cualquier caso en un plazo de diez días hábiles a partir de la conclusión de las verificaciones in situ.

PUNTOS DE CONTACTO Y SITIOS WEB A. PUNTOS DE CONTACTO Para la Parte UE El Reino Unido notificará a las Repúblicas de la Parte CA sus puntos de contacto en la fecha de entrada en vigor del presente Acuerdo.

(Así reformado el párrafo anterior por el aparte 22) sub aparte a) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") Para las Repúblicas de la Parte CA:

Costa Rica:

Dirección General de Comercio Exterior (DGCE) Ministerio de Comercio Exterior Dirección: avenida 1ª y 3ª, calle 40, Paseo Colón, San José, COSTA RICA Apartado postal: 297-1007 Centro Colón Tel. +506 2299-4700 Fax +506 2255-3281 Sitio web: www.comex.go.cr Centro de Información y Notificación MSF Ministerio de Agricultura y Ganadería (MAG) Servicio Fitosanitario del Estado (SFE) Servicio Nacional de Salud Animal (SENASA) San José, COSTA RICA Apartado postal: 10094 -1000 Tel. +506 2549-3454 Fax +506 2549-3599 Dirección de Regulación de la Salud Ministerio de Salud Dirección: avenida 6ª y 8ª, calle 16, San José, COSTA RICA Apartado postal: 10123-1000 San José Tel. +506 2258-6765 Fax +506 2255-4512 Sitio web: www.ministeriodesalud.sa.cr Misión de Costa Rica ante la Unión Europea Dirección: Avenue Louise 489, 1050 Ixelles, BÉLGICA Tel. +32 2640-5541 Fax +32 2648-3192 Sitio web: www.costaricaembassy.be o sus sucesores o cualquier otro punto de contacto designado y notificado por la Parte a la otra Parte.

El Salvador Dirección General de Sanidad Vegetal y Animal Ministerio de Agricultura y Ganadería (MAG) Dirección: final 1ª Avenida Norte y Avenida Manuel Gallardo, Santa Tecla, Departamento de La Libertad, EL SALVADOR Tel. +503 2241-1747and +503 2297-8435 Fax +503 2229-2613 Sitio web: www.mag.gob.sv Dirección de Administración de Tratados Comerciales Ministerio de Economía (MINEC) Dirección: Alameda Juan Pablo II y Calle Guadalupe, Edif. C-2, Tercer Nivel, San Salvador, EL SALVADOR Tel. +503 2247-5788 Fax +503 2247-5789 Sitio web: www.minec.gob.sv Unidad de Control de Alimentos Ministerio de Salud Pública y Asistencia Social (MSPAS) Dirección: Calle Arce nº 827, San Salvador, EL SALVADOR Tel. +503 2202-7000 Fax +503 2221-0991 Sitio web: www.salud.gob.sv o sus sucesores o cualquier otro punto de contacto designado y notificado por la Parte a la otra Parte.

Guatemala Dirección de Administración del Comercio Exterior, del Ministerio de Economía Dirección: 8ª Avenida 10-43, zona 1, Ciudad de Guatemala, GUATEMALA Tel. +502 2412-0200 y +502 2412-0338 Fax +502 2412-0339 Sitio web: www.mineco.gob.gt Viceministerio de Sanidad Agropecuaria y Regulaciones del Ministerio de Agricultura, Ganadería y Alimentación (MAGA) Dirección: 7ª Avenida 12-90 zona 13, Edificio Monja Blanca, Ciudad de Guatemala, GUATEMALA Tel. +502 2413 - 7385 Tel. +502 2413 - 7387 Fax +502 2413 - 8387 Sitio web: www.maga.gob.gt Departamento de Regulación y Control de Productos Farmacéuticos de la Dirección General de Regulación, Vigilancia y Control de la Salud, del Ministerio de Salud Pública y Asistencia Social (MSPAS) Dirección: 3ª Calle Final 2-10 zona 15, Valles de Vista Hermosa, Ciudad de Guatemala, GUATEMALA Tel. +502 2369-8784 y +502 2369-8786 Fax +502 2369-3320 Sitio web: www.mspas.gob.gt o sus sucesores o cualquier otro punto de contacto designado y notificado por la Parte a la otra Parte.

Honduras Secretaría de Estado en los Despachos de Agricultura y Ganadería Dirección General del Servicio Nacional de Sanidad Agropecuaria (SENASA) Dirección: Avenida La FAO, Boulevard Miraflores, Edificio SENASA, Tegucigalpa, HONDURAS Tel. (504) 2231-0786, (504) 2232-6213, (504) 2239-7989 y (504) 2239-7270 Fax (504) 2231-0786 Sitio web: www.sag.gob.hn; www.senasa-sag.gob.hn Dirección General de Integración Económica y Política Comercial Secretaría de Estado en los Despachos de Industria y Comercio Dirección: Edificio San José, Boulevard Kuwait, 3er. nivel, Tegucigalpa, HONDURAS Tel. (504) 2235-5047 Fax (504) 2235-5047 Sitio web: www.sic.gob.hn Secretaría de Estado en el Despacho de Salud Dirección General de Regulación Sanitaria Dirección: Avenida Jerez, Barrio El Centro, Antiguo Edificio BANMA, tercer nivel, Tegucigalpa, HONDURAS Tel (504) 2237-9404 Fax (504) 2237-2726 www.salud.gob.hn o sus sucesores o cualquier otro punto de contacto designado y notificado por la Parte a la otra Parte.

Nicaragua Ministerio Agropecuario y Forestal (MAGFOR) Dirección General de Protección y Sanidad Agropecuaria Dirección: Km. 3½, Carretera a Masaya, Managua, NICARAGUA Tel. +505 2278-5042 Fax +505 2270-1089 E-mail: [email protected] Sitio web: www.magfor.gob.ni Ministerio de Salud Dirección de Regulación de Alimentos Complejo Nacional de Salud, "Dra. Concepción Palacios." Dirección: Costado Oeste Colonia Primero de Mayo, Managua, NICARAGUA Postal Sector: 15AB P.O. Box: 107 Tel. +505 2289-4839 Fax +505 228-94839 Sitio web: [email protected]; [email protected] Ministerio de Fomento, Industria y Comercio Dirección de Aplicación y Negociación de Acuerdos Comerciales Dirección: Km. 6 Carretera a Masaya, Managua, NICARAGUA P.O. Box: 8 Tel. +505 2267-0161 ext. 1165 Fax +505 2267-0161 ext. 1164 Sitio web: [email protected] o sus sucesores o cualquier otro punto de contacto designado y notificado por la Parte a la otra Parte.

Panamá Dirección Nacional de Administración de Tratados Comerciales Internacionales y de Defensa Comercial Ministerio de Comercio e Industrias Dirección: Avenida Ricardo J. Alfaro, Edificio Plaza Edison, 2º piso, Ciudad de Panamá, PANAMÁ Tel. +507 560-0610 Fax +507 560-0618 Sitio web: http://www.mici.gob.pa Email: [email protected]; [email protected] o sus sucesores o cualquier otro punto de contacto designado y notificado por la Parte a la otra Parte.

EU/CENTR-AM/Anexo IX/es 8 B. SITIOS WEB GRATUITOS Para la Parte UE www.gov.uk".

(Así reformado el párrafo anterior por el aparte 22) sub aparte b) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") Para las Repúblicas de la Parte CA Costa Rica www.senasa.go.cr www.sfe.go.cr www.ministeriodesalud.sa.cr www.comex.go.cr El Salvador http://www.mag.gob.sv/dgsva http://www.minec.gob.sv Guatemala www.mineco.gob.gt http://portal.maga.gob.gt/portal/page/portal/uc_unr http://portal.mspas.gob.gt/ EU/CENTR-AM/Anexo IX/es 9 Honduras www.sic.gob.hn www.senasa-sag.gob.hn www.salud.gob.hn Nicaragua www.magfor.gob.ni www.minsa.gob.ni www.mific.gob.ni Panamá www.mida.gob.pa www.aupsa.gob.pa www.minsa.gob.pa www.mici.gob.pa

LISTAS DE COMPROMISOS SOBRE ESTABLECIMIENTO

PARTE UE 1. La lista de compromisos que figura a continuación indica las actividades económicas liberalizadas en virtud del artículo 166 del presente Acuerdo y, mediante reservas, las limitaciones de acceso a los mercados y al trato nacional aplicables a establecimientos e inversionistas de las Repúblicas de la Parte CA en esas actividades. Las listas constan de los siguientes elementos:

  • a)Una primera columna indica el sector o subsector en que la Parte asume el compromiso y el ámbito de aplicación de la liberalización a que se aplican las reservas.
  • b)Una segunda columna describe las reservas aplicables.

Cuando la columna a que se hace referencia en (b) sólo incluye reservas para Estados miembros específicos, los Estados miembros no mencionados en ella asumen compromisos en el sector en cuestión sin reservas (N.B. la ausencia de reservas específicas para Estados miembros en un sector dado es sin perjuicio de las reservas horizontales o a las reservas sectoriales para toda la UE que se puedan aplicar).

(Nota de Sinalevi: Mediante el aparte 23) sub aparte b) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó indicar que el subapartado que comienza con las palabras "Cuando la columna" y termina con las palabras "que se pueden aplicar)." no se incorpora al presente Acuerdo anteriormente referido) Los sectores o subsectores no mencionados en la siguiente lista no están comprometidos.

2. Para identificar los sectores y subsectores individuales:

  • a)CIIU rev.3.1 significa la Clasificación Industrial Internacional Uniforme de todas las Actividades Económicas que figuran en la Oficina de Estadística de las Naciones Unidas, Informes Estadísticos, Serie M, N° 4, CIIU rev.3.1, 2002.
  • b)CCP significa la Clasificación Central de Productos según lo establecido en la Oficina de Estadística de las Naciones Unidas, Informes Estadísticos, Serie M, N° 77, CCP prov., 1991.
  • c)CCP ver. 1.0 significa la Clasificación Central de Productos según lo establecido en la Oficina de Estadística de las Naciones Unidas, Informes Estadísticos, Serie M, N° 77, CCP ver. 1.0, 1998.

3. La lista que figura a continuación no incluye medidas relativas a los requisitos y procedimientos de calificación, los estándares técnicos y los requisitos de licencias y procedimientos cuando no constituyan una limitación del acceso a los mercados o del trato nacional en el sentido de los artículos 164 y 165 del presente Acuerdo. Dichas medidas (por ejemplo, la necesidad de obtener una licencia, las obligaciones de servicio universal, la necesidad de obtener el reconocimiento de las calificaciones en sectores regulados, la necesidad de aprobar exámenes específicos, incluidos los exámenes de idiomas, el requisito no discriminatorio de que determinadas actividades no puedan emprenderse en zonas de protección del medio ambiente o áreas de interés histórico o artístico particular) son de aplicación en cualquier caso a los inversionistas de la otra Parte, incluso si no se han listado.

4. De conformidad con el artículo 159, apartado 3 del presente Acuerdo, la lista que figura a continuación no incluye medidas relativas a las subvenciones otorgadas por las Partes.

5. De conformidad con el artículo 164 del presente Acuerdo, en la lista que figura a continuación no se incluyen los requisitos no discriminatorios relativos a los tipos de forma jurídica de un establecimiento.

6. Los derechos y obligaciones que emanan de la presente lista de compromisos no tendrán efectos por sí mismos y, por consiguiente, no confieren derechos directamente a las personas naturales o jurídicas individuales.

7. En la lista que figura a continuación se utilizan las abreviaturas siguientes:

AT Austria BE Bélgica BG Bulgaria CY Chipre CZ Chequia DE Alemania DK Dinamarca UE Parte UE ES España EE Estonia FI Finlandia FR Francia EL Grecia HU Hungría IE Irlanda IT Italia LV Letonia LT Lituania LU Luxemburgo MT Malta NL Países Bajos PL Polonia PT Portugal RO Rumanía SK Eslovaquia SI Eslovenia SE Suecia UK Reino Unido (Nota de Sinalevi: Mediante el aparte 23) sub aparte a) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó indicar que en toda la Sección A, los compromisos correspondientes a países específicos que no forman parte del presente Acuerdo no se incorporan al presente Acuerdo anteriormente referido) Listas de compromisos sobre establecimiento

REPÚBLICAS DE LA PARTE CA COSTA RICA 1. La lista de compromisos que figura a continuación indica las actividades económicas comprometidas en virtud del artículo 166 del presente Acuerdo y, mediante reservas, las limitaciones, condiciones y calificaciones de acceso al mercado y al trato nacional aplicables a establecimientos e inversionistas de la Parte UE en esas actividades. La lista consta de los siguientes elementos:

  • a)Una primera columna indica las actividades económicas en que la Parte asume el compromiso y el ámbito de aplicación a que se aplican las reservas; b) Una segunda columna describe las reservas aplicables.

2. A efectos de esta lista, el término "ninguna" indica las actividades económicas que no tienen limitaciones, condiciones ni calificaciones con respecto al trato nacional o acceso al mercado. El término "sin consolidar" indica que no se han efectuado compromisos de de trato nacional o de acceso al mercado.

Para mayor certeza, la ausencia de reservas específicas en una determinada actividad económica no afectará las reservas horizontales que se puedan aplicar.

3. Las actividades económicas que no figuran en la lista siguiente no están comprometidas.

4. A efectos de la identificación de las distintas actividades económicas:

  • a)CIIU rev. 3.1 significa la Clasificación Industrial Internacional Uniforme de todas las Actividades Económicas que figuran en la Oficina de Estadística de las Naciones Unidas, Informes Estadísticos, Serie M, N° 4, CIIU rev. 3.1, 2002.
  • b)CCP significa la Clasificación Central de Productos según lo establecido en la Oficina de Estadística de las Naciones Unidas, Informes Estadísticos, Serie M, N° 77, CCP prov., 1991.
  • c)CCP ver. 1.0 significa la Clasificación Central de Productos según lo establecido en la Oficina de Estadística de las Naciones Unidas, Informes Estadísticos, Serie M, N° 77, CCP ver. 1.0, 1998.

5. La lista que figura a continuación no incluye medidas relativas a los requisitos y procedimientos de calificación, los estándares técnicos y los requisitos de licencia (incluyendo cualquier concesión, permiso, registro y autorización de otro tipo) y procedimientos cuando no constituyan una limitación del trato nacional o del acceso a los mercados, condiciones y calificaciones en el sentido de los artículos 164 y 165 del presente Acuerdo. Dichas medidas (por ejemplo, la necesidad de obtener una licencia, las obligaciones de servicio universal, la necesidad de obtener el reconocimiento de las calificaciones en sectores regulados, la necesidad de aprobar exámenes específicos, incluidos los exámenes de idiomas, el requisito no discriminatorio de que determinadas actividades no puedan emprenderse en zonas de protección del medio ambiente o área de interés histórico o artístico particular) son de aplicación en cualquier caso a los inversionistas de la Parte UE, incluso si no se han listado.

6. De conformidad con el artículo 159, apartado 3, del presente Acuerdo, la lista que figura a continuación no incluye medidas relativas a las subvenciones otorgadas por las Partes.

7. De conformidad con el artículo 164 del presente Acuerdo, en la lista que figura a continuación no se incluyen los requisitos no discriminatorios relativos a los tipos de forma jurídica de un establecimiento.

8. Los derechos y obligaciones que emanan de la presente lista de compromisos no tendrán efectos por sí mismos y, por consiguiente, no confieren derechos directamente a las personas naturales o jurídicas individuales.

EL SALVADOR 1. La lista de compromisos que figura a continuación indica las actividades económicas comprometidas en virtud del artículo 166 del presente Acuerdo y, mediante reservas, las limitaciones, condiciones y calificaciones de acceso al mercado y al trato nacional aplicables a establecimientos e inversionistas de la Parte UE en esas actividades. La lista consta de los siguientes elementos:

  • a)Una primera columna indica las actividades económicas en que la Parte asume el compromiso y el ámbito de aplicación a que se aplican las reservas; b) Una segunda columna describe las reservas aplicables.

2. A efectos de esta lista, el término "ninguna" indica las actividades económicas que no tienen limitaciones, condiciones ni calificaciones con respecto al trato nacional o acceso al mercado. El término "sin consolidar" indica que no se han efectuado compromisos de de trato nacional o de acceso al mercado.

Para mayor certeza, la ausencia de reservas específicas en una determinada actividad económica no afectará las reservas horizontales que se puedan aplicar.

3. Las actividades económicas que no figuran en la lista siguiente no están comprometidas.

4. A efectos de la identificación de las distintas actividades económicas:

  • a)CIIU rev. 3.1 significa la Clasificación Industrial Internacional Uniforme de todas las Actividades Económicas que figuran en la Oficina de Estadística de las Naciones Unidas, Informes Estadísticos, Serie M, N° 4, CIIU rev. 3.1, 2002.
  • b)CCP significa la Clasificación Central de Productos según lo establecido en la Oficina de Estadística de las Naciones Unidas, Informes Estadísticos, Serie M, N° 77, CCP prov., 1991.
  • c)CCP ver. 1.0 significa la Clasificación Central de Productos según lo establecido en la Oficina de Estadística de las Naciones Unidas, Informes Estadísticos, Serie M, N° 77, CCP ver. 1.0, 1998.

5. La lista que figura a continuación no incluye medidas relativas a los requisitos y procedimientos de calificación, los estándares técnicos y los requisitos de licencia (incluyendo cualquier concesión, permiso, registro y autorización de otro tipo) y procedimientos cuando no constituyan una limitación del trato nacional o del acceso a los mercados, condiciones y calificaciones en el sentido de los artículos 164 y 165 del presente Acuerdo. Dichas medidas (por ejemplo, la necesidad de obtener una licencia, las obligaciones de servicio universal, la necesidad de obtener el reconocimiento de las calificaciones en sectores regulados, la necesidad de aprobar exámenes específicos, incluidos los exámenes de idiomas, el requisito no discriminatorio de que determinadas actividades no puedan emprenderse en zonas de protección del medio ambiente o área de interés histórico o artístico particular) son de aplicación en cualquier caso a los inversionistas de la Parte UE, incluso si no se han listado.

6. De conformidad con el artículo 159, apartado 3, del presente Acuerdo, la lista que figura a continuación no incluye medidas relativas a las subvenciones otorgadas por las Partes.

7. De conformidad con el artículo 164 del presente Acuerdo, en la lista que figura a continuación no se incluyen los requisitos no discriminatorios relativos a los tipos de forma jurídica de un establecimiento.

8. Los derechos y obligaciones que emanan de la presente lista de compromisos no tendrán efectos por sí mismos y, por consiguiente, no confieren derechos directamente a las personas naturales o jurídicas individuales.

Compromisos Horizontales 1. El espacio aéreo, el subsuelo y la correspondiente plataforma continental e insular son propiedad de El Salvador. El Estado puede otorgar una concesión para la explotación del subsuelo.

2. Una persona extranjera no puede ser propietaria de bienes rústicos, incluyendo una sucursal de una persona extranjera, si la persona es nacional de un país o está constituida de conformidad con las leyes de un país, que no permite que nacionales salvadoreños sean propietarios de bienes rústicos, excepto cuando se trate de tierras para establecimientos industriales.

3. Una empresa constituida de conformidad con la legislación salvadoreña, cuyo capital mayoritario es propiedad de personas extranjeras, o cuyos socios son en su mayoría extranjeros, está sujeta al párrafo precedente.

4. Únicamente las siguientes personas pueden dedicarse al comercio, la industria y la prestación de servicios en pequeño en El Salvador:

  • a)Nacionales salvadoreños nacidos en El Salvador; y b) Nacionales de Costa Rica, Guatemala, Honduras y Nicaragua.

Una empresa constituida de conformidad con la legislación salvadoreña, cuyo capital mayoritario es de propiedad extranjera, o cuyos socios son mayoritariamente extranjeros, no puede establecer una empresa en pequeño para dedicarse al comercio, la industria y la prestación de servicios en pequeño.

A efectos de la presente sección, se considera una empresa en pequeño aquella con una capitalización no mayor a los 200, 000 dólares de los Estados Unidos de América.

5. En las asociaciones cooperativas de producción, al menos el setenta y cinco por ciento de los asociados deberán ser personas salvadoreñas. La sucursal de una empresa no constituida de conformidad con la legislación salvadoreña no se considera persona salvadoreña.

Para mayor certeza, el objetivo de una asociación cooperativa de producción es proporcionar determinados beneficios a sus miembros en materia de distribución, ventas, administración y asistencia técnica. Sus funciones no son únicamente económicas, sino también sociales.

6. Todo patrono está obligado a integrar el personal de su empresa con un noventa por ciento de salvadoreños, por lo menos. En circunstancias especiales, el Ministerio de Trabajo y Previsión Social puede autorizar el empleo de más extranjeros, cuando sea difícil o imposible sustituirlos por nacionales, si bien los patronos siguen sometidos a la obligación de capacitar personal salvadoreño, bajo supervisión y control de dicho Ministerio, en un plazo no superior a cinco años. El monto de los salarios devengados a salvadoreños no puede representar menos del ochenta y cinco por ciento del total de los salarios. Este porcentaje puede modificarse previa autorización del mencionado Ministerio309.

309 Para una mayor certeza, esta cláusula se aplica a los trabajadores extranjeros bajo una relación laboral y sin perjuicio de los compromisos adquiridos por El Salvador bajo el Capítulo 4 (Entrada Temporal de Personas Naturales con Fines Comerciales).

7. El Salvador se reserva el derecho de adoptar o mantener cualquier medida que otorgue derechos o preferencias a minorías sociales o económicamente en desventaja.

8. El Salvador se reserva el derecho de adoptar o mantener cualquier medida relativa a la aplicación de legislación y servicios de readaptación social y servicios de readaptación social así como los siguientes servicios, en la medida que sean servicios sociales que se establezcan o mantengan por razones de interés público.

9. Nada en el presente Acuerdo, ni en la presente lista de compromisos específicos, se interpretará para exigir la privatización de empresas públicas o servicios de utilidad pública suministrados en ejercicio de facultades gubernamentales.

10. Las limitaciones de acceso a los mercados y de trato nacional, mantenidas a nivel de los gobiernos locales, están consolidadas, aunque no se hayan listado. Dichas limitaciones no se interpretarán como que anulan los compromisos adquiridos por El Salvador en el Capítulo sobre Contratación Pública.

11. El Salvador puede exigir una concesión, autorización, licencia, permiso u otros requisitos como condición no discriminatoria para realizar una actividad económica o suministrar un servicio.

12. A efectos de la presente lista, se consideran salvadoreñas las personas jurídicas constituidas de conformidad con la legislación salvadoreña que tengan su domicilio legal en el país. La legislación y la reglamentación establecidas a favor de los salvadoreños serán aplicables a las personas jurídicas salvadoreñas cuyos socios o cuyo capital sean mayoritariamente extranjeros.

13. Las actividades económicas consideradas como utilidades públicas pueden estar sujetas a monopolios públicos o a derechos exclusivos otorgados a personas naturales o jurídicas, públicas o privadas.

14. El Artículo 164 del presente Acuerdo se refiere a medidas no discriminatorias.

15. Acceso al Mercado en sectores distintos de los servicios está sin consolidar. Cualquier compromiso más favorable sobre el acceso al mercado en sectores distintos de los servicios en el sentido del artículo 164 del presente Acuerdo, resultante de un acuerdo internacional, constituirá un compromiso derivado del presente Acuerdo a partir de la fecha de entrada en vigor de ese Acuerdo.

GUATEMALA 1. La lista de compromisos que figura a continuación indica las actividades económicas comprometidas en virtud del artículo 166 del presente Acuerdo y, mediante reservas, las limitaciones, condiciones y calificaciones de acceso al mercado y al trato nacional aplicables a establecimientos e inversionistas de la Parte UE en esas actividades. La lista consta de los siguientes elementos:

  • a)Una primera columna indica las actividades económicas en que la Parte asume el compromiso y el ámbito de aplicación a que se aplican las reservas; b) Una segunda columna describe las reservas aplicables.

2. A efectos de esta lista, el término "ninguna" indica las actividades económicas que no tienen limitaciones, condiciones ni calificaciones con respecto al trato nacional o acceso al mercado. El término "sin consolidar" indica que no se han efectuado compromisos de de trato nacional o de acceso al mercado.

Para mayor certeza, la ausencia de reservas específicas en una determinada actividad económica no afectará las reservas horizontales que se puedan aplicar.

3. Las actividades económicas que no figuran en la lista siguiente no están comprometidas.

4. A efectos de la identificación de las distintas actividades económicas:

  • a)CIIU rev. 3.1 significa la Clasificación Industrial Internacional Uniforme de todas las Actividades Económicas que figuran en la Oficina de Estadística de las Naciones Unidas, Informes Estadísticos, Serie M, N° 4, CIIU rev. 3.1, 2002.
  • b)CCP significa la Clasificación Central de Productos según lo establecido en la Oficina de Estadística de las Naciones Unidas, Informes Estadísticos, Serie M, N° 77, CCP prov., 1991.
  • c)CCP ver. 1.0 significa la Clasificación Central de Productos según lo establecido en la Oficina de Estadística de las Naciones Unidas, Informes Estadísticos, Serie M, N° 77, CCP ver. 1.0, 1998.

5. La lista que figura a continuación no incluye medidas relativas a los requisitos y procedimientos de calificación, los estándares técnicos y los requisitos de licencia (incluyendo cualquier concesión, permiso, registro y autorización de otro tipo) y procedimientos cuando no constituyan una limitación del trato nacional o del acceso a los mercados, condiciones y calificaciones en el sentido de los artículos 164 y 165 del presente Acuerdo. Dichas medidas (por ejemplo, la necesidad de obtener una licencia, las obligaciones de servicio universal, la necesidad de obtener el reconocimiento de las calificaciones en sectores regulados, la necesidad de aprobar exámenes específicos, incluidos los exámenes de idiomas, el requisito no discriminatorio de que determinadas actividades no puedan emprenderse en zonas de protección del medio ambiente o área de interés histórico o artístico particular) son de aplicación en cualquier caso a los inversionistas de la Parte UE, incluso si no se han listado.

6. De conformidad con el artículo 159, apartado 3, del presente Acuerdo, la lista que figura a continuación no incluye medidas relativas a las subvenciones otorgadas por las Partes.

7. De conformidad con el artículo 164 del presente Acuerdo, en la lista que figura a continuación no se incluyen los requisitos no discriminatorios relativos a los tipos de forma jurídica de un establecimiento.

8. Los derechos y obligaciones que emanan de la presente lista de compromisos no tendrán efectos por sí mismos y, por consiguiente, no confieren derechos directamente a las personas naturales o jurídicas individuales.

HONDURAS 1. La lista de compromisos que figura a continuación indica las actividades económicas comprometidas en virtud del artículo 166 del presente Acuerdo y, mediante reservas, las limitaciones, condiciones y calificaciones de acceso al mercado y al trato nacional aplicables a establecimientos e inversionistas de la Parte UE en esas actividades. La lista consta de los siguientes elementos:

  • a)Una primera columna indica las actividades económicas en que la Parte asume el compromiso y el ámbito de aplicación a que se aplican las reservas; b) Una segunda columna describe las reservas aplicables.

2. A efectos de esta lista, el término "ninguna" indica las actividades económicas que no tienen limitaciones, condiciones ni calificaciones con respecto al trato nacional o acceso al mercado. El término "sin consolidar" indica que no se han efectuado compromisos de de trato nacional o de acceso al mercado.

Para mayor certeza, la ausencia de reservas específicas en una determinada actividad económica no afectará las reservas horizontales que se puedan aplicar.

3. Las actividades económicas que no figuran en la lista siguiente no están comprometidas.

4. A efectos de la identificación de las distintas actividades económicas:

  • a)CIIU rev. 3.1 significa la Clasificación Industrial Internacional Uniforme de todas las Actividades Económicas que figuran en la Oficina de Estadística de las Naciones Unidas, Informes Estadísticos, Serie M, N° 4, CIIU rev. 3.1, 2002.
  • b)CCP significa la Clasificación Central de Productos según lo establecido en la Oficina de Estadística de las Naciones Unidas, Informes Estadísticos, Serie M, N° 77, CCP prov. 1991.
  • c)CCP ver. 1.0 significa la Clasificación Central de Productos según lo establecido en la Oficina de Estadística de las Naciones Unidas, Informes Estadísticos, Serie M, N° 77, CCP ver. 1.0, 1998.

5. La lista que figura a continuación no incluye medidas relativas a los requisitos y procedimientos de calificación, los estándares técnicos y los requisitos de licencia (incluyendo cualquier concesión, permiso, registro y autorización de otro tipo) y procedimientos cuando no constituyan una limitación del trato nacional o del acceso a los mercados, condiciones y calificaciones en el sentido de los artículos 164 y 165 del presente Acuerdo. Dichas medidas (por ejemplo, la necesidad de obtener una licencia, las obligaciones de servicio universal, la necesidad de obtener el reconocimiento de las calificaciones en sectores regulados, la necesidad de aprobar exámenes específicos, incluidos los exámenes de idiomas, el requisito no discriminatorio de que determinadas actividades no puedan emprenderse en zonas de protección del medio ambiente o área de interés histórico o artístico particular) son de aplicación en cualquier caso a los inversionistas de la Parte UE, incluso si no se han listado.

6. De conformidad con el artículo 159, apartado 3, del presente Acuerdo, la lista que figura a continuación no incluye medidas relativas a las subvenciones otorgadas por las Partes.

7. De conformidad con el artículo 164 del presente Acuerdo, en la lista que figura a continuación no se incluyen los requisitos no discriminatorios relativos a los tipos de forma jurídica de un establecimiento.

8. Los derechos y obligaciones que emanan de la presente lista de compromisos no tendrán efectos por sí mismos y, por consiguiente, no confieren derechos directamente a las personas naturales o jurídicas individuales.

NICARAGUA 1. La lista de compromisos que figura a continuación indica las actividades económicas comprometidas en virtud del artículo 166 del presente Acuerdo y, mediante reservas, las limitaciones, condiciones y calificaciones de acceso al mercado y al trato nacional aplicables a establecimientos e inversionistas de la Parte UE en esas actividades. La lista consta de los siguientes elementos:

  • a)Una primera columna indica las actividades económicas en que la Parte asume el compromiso y el ámbito de aplicación a que se aplican las reservas; b) Una segunda columna describe las reservas aplicables.

2. A efectos de esta lista, el término "ninguna" indica las actividades económicas que no tienen limitaciones, condiciones ni calificaciones con respecto al trato nacional o acceso al mercado. El término "sin consolidar" indica que no se han efectuado compromisos de de trato nacional o de acceso al mercado.

Para mayor certeza, la ausencia de reservas específicas en una determinada actividad económica no afectará las reservas horizontales que se puedan aplicar.

3. Las actividades económicas que no figuran en la lista siguiente no están comprometidas.

4. A efectos de la identificación de las distintas actividades económicas:

  • a)CIIU rev. 3.1 significa la Clasificación Industrial Internacional Uniforme de todas las Actividades Económicas que figuran en la Oficina de Estadística de las Naciones Unidas, Informes Estadísticos, Serie M, N° 4, CIIU rev. 3.1, 2002.
  • b)CCP significa la Clasificación Central de Productos según lo establecido en la Oficina de Estadística de las Naciones Unidas, Informes Estadísticos, Serie M, N° 77, CCP prov., 1991.
  • c)CCP ver. 1.0 significa la Clasificación Central de Productos según lo establecido en la Oficina de Estadística de las Naciones Unidas, Informes Estadísticos, Serie M, N° 77, CCP ver. 1.0, 1998.

5. La lista que figura a continuación no incluye medidas relativas a los requisitos y procedimientos de calificación, los estándares técnicos y los requisitos de licencia (incluyendo cualquier concesión, permiso, registro y autorización de otro tipo) y procedimientos cuando no constituyan una limitación del trato nacional o del acceso a los mercados, condiciones y calificaciones en el sentido de los artículos 164 y 165 del presente Acuerdo. Dichas medidas (por ejemplo, la necesidad de obtener una licencia, las obligaciones de servicio universal, la necesidad de obtener el reconocimiento de las calificaciones en sectores regulados, la necesidad de aprobar exámenes específicos, incluidos los exámenes de idiomas, el requisito no discriminatorio de que determinadas actividades no puedan emprenderse en zonas de protección del medio ambiente o área de interés histórico o artístico particular) son de aplicación en cualquier caso a los inversionistas de la Parte UE, incluso si no se han listado.

6. De conformidad con el artículo 159, apartado 3, del presente Acuerdo, la lista que figura a continuación no incluye medidas relativas a las subvenciones otorgadas por las Partes.

7. De conformidad con el artículo 164 del presente Acuerdo, en la lista que figura a continuación no se incluyen los requisitos no discriminatorios relativos a los tipos de forma jurídica de un establecimiento.

8. Los derechos y obligaciones que emanan de la presente lista de compromisos no tendrán efectos por sí mismos y, por consiguiente, no confieren derechos directamente a las personas naturales o jurídicas individuales.

9. Los compromisos de la presente lista no implican un trato de las empresas y los inversionistas de la Parte UE menos favorable que el de los términos, limitaciones y condiciones en el marco del AGCS.

PANAMÁ 1. La lista de compromisos que figura a continuación indica las actividades económicas comprometidas en virtud del artículo 166 del presente Acuerdo y, mediante reservas, las limitaciones, condiciones y calificaciones de acceso al mercado y al trato nacional aplicables a establecimientos e inversionistas de la Parte UE en esas actividades. La lista consta de los siguientes elementos:

  • a)Una primera columna indica las actividades económicas en que la Parte asume el compromiso y el ámbito de aplicación a que se aplican las reservas; b) Una segunda columna describe las reservas aplicables.

2. A efectos de esta lista, el término "ninguna" indica las actividades económicas que no tienen limitaciones, condiciones ni calificaciones con respecto al trato nacional o acceso al mercado. El término "sin consolidar" indica que no se han efectuado compromisos de de trato nacional o de acceso al mercado.

Para mayor certeza, la ausencia de reservas específicas en una determinada actividad económica no afectará las reservas horizontales que se puedan aplicar.

3. Las actividades económicas que no figuran en la lista siguiente no están comprometidas.

4. A efectos de la identificación de las distintas actividades económicas:

  • a)CIIU rev. 3.1 significa la Clasificación Industrial Internacional Uniforme de todas las Actividades Económicas que figuran en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, Serie M, N° 4, CIIU rev. 3.1, 2002.
  • b)CCP significa la Clasificación Central de Productos según lo establecido en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, Serie M, N°77, CCP prov., 1991.
  • c)CCP ver. 1.0 significa la Clasificación Central de Productos según lo establecido en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, Serie M, N° 77, CCP ver. 1.0, 1998.

5. La lista que figura a continuación no incluye medidas relativas a los requisitos y procedimientos de calificación, los estándares técnicos y los requisitos de licencia (incluyendo cualquier concesión, permiso, registro y autorización de otro tipo) y procedimientos cuando no constituyan una limitación del trato nacional o del acceso a los mercados, condiciones y calificaciones en el sentido de los artículos 164 y 165 del presente Acuerdo. Dichas medidas (por ejemplo, la necesidad de obtener una licencia, las obligaciones de servicio universal, la necesidad de obtener el reconocimiento de las calificaciones en sectores regulados, la necesidad de aprobar exámenes específicos, incluidos los exámenes de idiomas, el requisito no discriminatorio de que determinadas actividades no puedan emprenderse en zonas de protección del medio ambiente o área de interés histórico o artístico particular) son de aplicación en cualquier caso a los inversionistas de la Parte UE, incluso si no se han listado.

6. De conformidad con el artículo 159, apartado 3, del presente Acuerdo, la lista que figura a continuación no incluye medidas relativas a las subvenciones otorgadas por las Partes.

7. De conformidad con el artículo 164 del presente Acuerdo, en la lista que figura a continuación no se incluyen los requisitos no discriminatorios relativos a los tipos de forma jurídica de un establecimiento.

8. Los derechos y obligaciones que emanan de la presente lista de compromisos no tendrán efectos por sí mismos y, por consiguiente, no confieren derechos directamente a las personas naturales o jurídicas individuales.

LISTAS DE COMPROMISOS SOBRE SUMINISTRO TRANSFRONTERIZO DE SERVICIOS

PARTE UE (*) (Nota de Sinalevi: Mediante el aparte 24) sub aparte a) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó establecer que en toda la Sección A, los compromisos correspondientes a países específicos que no forman parte del presente Acuerdo no se incorporan al presente Acuerdo anteriormente referido) 1. La lista de compromisos que figura a continuación indica los sectores de servicios liberalizados en virtud del artículo 172 del presente Acuerdo, y, mediante reservas, las limitaciones de acceso a los mercados y al trato nacional aplicables a los servicios y proveedores de servicios de las Repúblicas de la Parte CA en esos sectores. La lista consta de los siguientes elementos:

  • a)Una primera columna indicando el sector o subsector en que la Parte asume el compromiso y el ámbito de aplicación de la liberalización a que se aplican las reservas.
  • b)Una segunda columna describe las reservas aplicables.

Cuando la columna a que se hace referencia en (b) solo incluye reservas para Estados miembros específicos, los Estados miembros no mencionados en ella asumen compromisos en el sector en cuestión sin reservas (N.B. la ausencia de reservas específicas para Estados miembros en un sector dado es sin perjuicio de las reservas horizontales o a las reservas sectoriales para toda la UE que se puedan aplicar).

(Nota de Sinalevi: Mediante el aparte 24) sub aparte b) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó que en el párrafo anterior las palabras "Cuando la columna" y termina con las palabras "que se pueden aplicar)." no se incorpora al presente Acuerdo.anteriormente referido) No está comprometido el suministro transfronterizo de servicios en sectores o subsectores cubiertos por este Acuerdo no mencionados en la lista a continuación.

2. Para identificar los sectores y subsectores individuales:

  • a)CCP significa la Clasificación Central de Productos según la definición de la Oficina de Estadística de las Naciones Unidas, Informes Estadísticos, Serie M, Nº 77, CCP prov., 1991.
  • b)CCP ver. 1.0 significa la Clasificación Central de Productos según la definición de la Oficina de Estadística de las Naciones Unidas, Informes Estadísticos, Serie M, Nº 77, CCP ver. 1.0, 1998.

3. La lista que figura a continuación no incluye medidas relativas a los requisitos y procedimientos de calificación, los estándares técnicos y los requisitos de licencias y procedimientos cuando no constituyan una limitación del acceso a los mercados o del trato nacional en el sentido de los artículos 170 y 171 del presente Acuerdo.

Dichas medidas (por ejemplo, la necesidad de obtener una licencia, las obligaciones de servicio universal, la necesidad de obtener el reconocimiento de las calificaciones en sectores regulados, la necesidad de aprobar exámenes específicos, incluidos los exámenes de idiomas), son de aplicación en cualquier caso a los proveedores de servicios de las Repúblicas de la Parte CA, incluso si no se han listado.

4. La lista que figura a continuación se entiende sin perjuicio de la viabilidad del Modo 1 en determinados sectores y subsectores de servicios y sin perjuicio de la existencia de monopolios públicos y derechos exclusivos según lo descrito en la lista de compromisos sobre establecimiento.

5. De conformidad con el artículo 159, apartado 3, del presente Acuerdo, la lista que figura a continuación no incluye medidas relativas a las subvenciones otorgadas por las Partes.

6. Los derechos y obligaciones que emanan de la presente lista de compromisos no tendrán efectos por sí mismos y, por consiguiente, no confieren derechos directamente a las personas naturales o jurídicas individuales.

Listas de compromisos sobre suministro transfronterizo servicios Seccion A Parte UE

REPÚBLICAS DE LA PARTE CA COSTA RICA 1. La lista de compromisos que figura a continuación indica los sectores o subsectores comprometidos en virtud del artículo 172 del presente Acuerdo y, mediante reservas, las limitaciones de acceso al mercado y al trato nacional, las condiciones y calificaciones aplicables a los servicios y proveedores de servicios de la Parte UE en dichos sectores o subsectores. La lista consta de los siguientes elementos:

  • a)Una primera columna indica el sector o subsector de servicios en que la Parte asume el compromiso y el ámbito a que se aplican las reservas.
  • b)Una segunda columna describe las reservas aplicables.

2. A efectos de esta lista, el término "ninguna" indica el sector o subsector de servicios que no tiene limitaciones, condiciones ni calificaciones con respecto al trato nacional o al acceso al mercado. El término "sin consolidar" indica que no se han efectuado compromisos de trato nacional o de acceso al mercado.

Para mayor certeza, la ausencia de reservas específicas en un sector o subsector de servicios dado no afectará a las reservas horizontales que se aplican.

3. El suministro transfronterizo de servicios en sectores o subsectores que no se mencionan en la lista que figura más adelante no está comprometido.

4. Para identificar los distintos sectores y subsectores:

  • a)CCP significa la Clasificación Central de Productos que figuran en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, Serie M, Nº 77, CCP prov., 1991.
  • b)CCP ver. 1.0 significa la Clasificación Central de Productos según lo establecido en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, Serie M, Nº 77, CCP ver. 1.0, 1998.

5. La lista que figura a continuación no incluye medidas relativas a los requisitos y procedimientos de calificación, los estándares técnicos y los requisitos (incluyendo cualquier concesión, permiso, registro y autorización de otro tipo) y procedimientos cuando no constituyan una limitación del acceso a los mercados o del trato nacional, condiciones y calificaciones en el sentido de los artículos 170 y 171 del presente Acuerdo. Dichas medidas (por ejemplo, la necesidad de obtener una licencia, las obligaciones de servicio universal, la necesidad de obtener el reconocimiento de las calificaciones en sectores regulados o de superar exámenes específicos, incluidos los exámenes de idiomas) son de aplicación en cualquier caso a los servicios y proveedores de servicios de la Parte UE, incluso en caso de que no aparezcan enumeradas.

6. La lista que figura a continuación se entiende sin perjuicio de la viabilidad del Modo 1 en determinados sectores y subsectores de servicios y sin perjuicio de la existencia de monopolios públicos y derechos exclusivos según lo descrito en la lista de compromisos sobre establecimiento.

7. De conformidad con el artículo 159, apartado 3, del presente Acuerdo, la lista que figura a continuación no incluye medidas relativas a las subvenciones otorgadas por las Partes.

8. Los derechos y obligaciones que emanan de la presente lista de compromisos no tendrán efectos por sí mismos y, por consiguiente, no confieren derechos directamente a las personas naturales o jurídicas individuales.

EL SALVADOR 1. La lista de compromisos que figura a continuación indica los sectores o subsectores comprometidos en virtud del artículo 172 del presente Acuerdo y, mediante reservas, las limitaciones de acceso al mercado y al trato nacional, las condiciones y calificaciones aplicables a los servicios y proveedores de servicios de la Parte UE en dichos sectores o subsectores. La lista consta de los siguientes elementos:

  • a)Una primera columna indica el sector o subsector de servicios en que la Parte asume el compromiso y el ámbito a que se aplican las reservas.
  • b)Una segunda columna describe las reservas aplicables.

2. A efectos de esta lista, el término "ninguna" indica el sector o subsector de servicios que no tiene limitaciones, condiciones ni calificaciones con respecto al trato nacional o al acceso al mercado. El término "sin consolidar" indica que no se han efectuado compromisos de trato nacional o de acceso al mercado.

Para mayor certeza, la ausencia de reservas específicas en un sector o subsector de servicios dado no afectará a las reservas horizontales que se aplican.

3. El suministro transfronterizo de servicios en sectores o subsectores que no se mencionan en la lista que figura más adelante no está comprometido.

4. Para identificar los distintos sectores y subsectores:

  • a)CCP significa la Clasificación Central de Productos que figuran en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, Serie M, Nº 77, CCP prov. 1991.
  • b)CCP ver. 1.0 significa la Clasificación Central de Productos según lo establecido en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, Serie M, Nº 77, CCP ver. 1.0, 1998.

5. La lista que figura a continuación no incluye medidas relativas a los requisitos y procedimientos de calificación, los estándares técnicos y los requisitos (incluyendo cualquier concesión, permiso, registro y autorización de otro tipo) y procedimientos cuando no constituyan una limitación del acceso a los mercados o del trato nacional, condiciones y calificaciones en el sentido de los artículos 170 y 171 del presente Acuerdo. Dichas medidas (por ejemplo, la necesidad de obtener una licencia, las obligaciones de servicio universal, la necesidad de obtener el reconocimiento de las calificaciones en sectores regulados o de superar exámenes específicos, incluidos los exámenes de idiomas) son de aplicación en cualquier caso a los servicios y proveedores de servicios de la Parte UE, incluso en caso de que no aparezcan enumeradas.

6. La lista que figura a continuación se entiende sin perjuicio de la viabilidad del Modo 1 en determinados sectores y subsectores de servicios y sin perjuicio de la existencia de monopolios públicos y derechos exclusivos según lo descrito en la lista de compromisos sobre establecimiento.

7. De conformidad con el artículo 159, apartado 3, del presente Acuerdo, la lista que figura a continuación no incluye medidas relativas a las subvenciones otorgadas por las Partes.

8. Los derechos y obligaciones que emanan de la presente lista de compromisos no tendrán efectos jurídicos (*) y, por consiguiente, no confieren derechos directamente a las personas naturales o jurídicas individuales.

(*)(Mediante Tratado Internacional N° 9154 "Acuerdo que establece asociación entre Centroamérica y la Unión Europea y sus Estados miembros, del 3 de julio del 2013 los países miembros acordaron que donde dice la frase "... no tendrá efectos jurídicos... " debe decir "... no tendrán efectos por sí mismo...")

GUATEMALA 1. La lista de compromisos que figura a continuación indica los sectores o subsectores comprometidos en virtud del artículo 172 del presente Acuerdo y, mediante reservas, las limitaciones de acceso al mercado y al trato nacional, las condiciones y calificaciones aplicables a los servicios y proveedores de servicios de la Parte UE en dichos sectores o subsectores. La lista consta de los siguientes elementos:

  • a)Una primera columna indica el sector o subsector de servicios en que la Parte asume el compromiso y el ámbito a que se aplican las reservas.
  • b)Una segunda columna describe las reservas aplicables.

2. A efectos de esta lista, el término "ninguna" indica el sector o subsector de servicios que no tiene limitaciones, condiciones ni calificaciones con respecto al trato nacional o al acceso al mercado. El término "sin consolidar" indica que no se han efectuado compromisos de trato nacional o de acceso al mercado.

Para mayor certeza, la ausencia de reservas específicas en un sector o subsector de servicios dado no afectará a las reservas horizontales que se aplican.

3. El suministro transfronterizo de servicios en sectores o subsectores que no se mencionan en la lista que figura más adelante no está comprometido.

4. Para identificar los distintos sectores y subsectores:

  • a)CCP significa la Clasificación Central de Productos que figuran en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, Serie M, Nº 77, CCP prov. 1991.
  • b)CCP ver. 1.0 significa la Clasificación Central de Productos según lo establecido en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, Serie M, Nº 77, CCP ver. 1.0, 1998.

5. La lista que figura a continuación no incluye medidas relativas a los requisitos y procedimientos de calificación, los estándares técnicos y los requisitos (incluyendo cualquier concesión, permiso, registro y autorización de otro tipo) y procedimientos cuando no constituyen una limitación del acceso a los mercados o del trato nacional, condiciones y calificaciones en el sentido de los artículos 170 y 171 del presente Acuerdo. Dichas medidas (por ejemplo, la necesidad de obtener una licencia, las obligaciones de servicio universal, la necesidad de obtener el reconocimiento de las calificaciones en sectores regulados o de superar exámenes específicos, incluidos los exámenes de idiomas) son de aplicación en cualquier caso a los servicios y proveedores de servicios de la Parte UE, incluso en caso de que no aparezcan enumeradas.

6. La lista que figura a continuación se entiende sin perjuicio de la viabilidad del Modo 1 en determinados sectores y subsectores de servicios y sin perjuicio de la existencia de monopolios públicos y derechos exclusivos según lo descrito en la lista de compromisos sobre establecimiento.

7. De conformidad con el artículo 159, apartado 3, del presente Acuerdo, la lista que figura a continuación no incluye medidas relativas a las subvenciones otorgadas por las Partes.

8. Los derechos y obligaciones que emanan de la presente lista de compromisos no tendrán efectos por sí mismos y, por consiguiente, no confieren derechos directamente a las personas naturales o jurídicas individuales.

HONDURAS 1. La lista de compromisos que figura a continuación indica los sectores o subsectores comprometidos en virtud del artículo 172 del presente Acuerdo y, mediante reservas, las limitaciones de acceso al mercado y al trato nacional, las condiciones y calificaciones aplicables a los servicios y proveedores de servicios de la Parte UE en dichos sectores o subsectores. La lista consta de los siguientes elementos:

  • a)Una primera columna indica el sector o subsector de servicios en que la Parte asume el compromiso y el ámbito a que se aplican las reservas.
  • b)Una segunda columna describe las reservas aplicables.

2. A efectos de esta lista, el término "ninguna" indica el sector o subsector de servicios que no tiene limitaciones, condiciones ni calificaciones con respecto al trato nacional o al acceso al mercado. El término "sin consolidar" indica que no se han efectuado compromisos de trato nacional o de acceso al mercado.

Para mayor certeza, la ausencia de reservas específicas en un sector o subsector de servicios dado no afectará a las reservas horizontales que se aplican.

3. El suministro transfronterizo de servicios en sectores o subsectores que no se mencionan en la lista que figura más adelante no está comprometidos.

4. Para identificar los distintos sectores y subsectores:

  • a)CCP significa la Clasificación Central de Productos que figuran en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, Serie M, Nº 77, CCP prov.1991.
  • b)CCP ver. 1.0 significa la Clasificación Central de Productos según lo establecido en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, Serie M, Nº 77, CCP ver. 1.0, 1998.

5. La lista que figura a continuación no incluye medidas relativas a los requisitos y procedimientos de calificación, los estándares técnicos y los requisitos (incluyendo cualquier concesión, permiso, registro y autorización de otro tipo) y procedimientos cuando no constituyan una limitación del acceso a los mercados o del trato nacional, condiciones y calificaciones en el sentido de los artículos 170 y 171 del presente Acuerdo. Dichas medidas (por ejemplo, la necesidad de obtener una licencia, las obligaciones de servicio universal, la necesidad de obtener el reconocimiento de las calificaciones en sectores regulados o de superar exámenes específicos, incluidos los exámenes de idiomas) son de aplicación en cualquier caso a los servicios y proveedores de servicios de la Parte UE, incluso en caso de que no aparezcan enumeradas.

6. La lista que figura a continuación se entiende sin perjuicio de la viabilidad del Modo 1 en determinados sectores y subsectores de servicios y sin perjuicio de la existencia de monopolios públicos y derechos exclusivos según lo descrito en la lista de compromisos sobre establecimiento.

7. De conformidad con el artículo 159, apartado 3, del presente Acuerdo, la lista que figura a continuación no incluye medidas relativas a las subvenciones otorgadas por las Partes.

8. Los derechos y obligaciones que emanan de la presente lista de compromisos no tendrán efectos por sí mismos y, por consiguiente, no confieren derechos directamente a las personas naturales o jurídicas individuales.

NICARAGUA 1. La lista de compromisos que figura a continuación indica los sectores o subsectores comprometidos en virtud del artículo 172 del presente Acuerdo y, mediante reservas, las limitaciones de acceso al mercado y al trato nacional, las condiciones y calificaciones aplicables a los servicios y proveedores de servicios de la Parte UE en dichos sectores o subsectores. La lista consta de los siguientes elementos:

  • a)Una primera columna indica el sector o subsector de servicios en que la Parte asume el compromiso y el ámbito a que se aplican las reservas.
  • b)Una segunda columna describe las reservas aplicables.

2. A efectos de esta lista, el término "ninguna" indica el sector o subsector de servicios que no tiene limitaciones, condiciones ni calificaciones con respecto al trato nacional o al acceso al mercado. El término "sin consolidar" indica que no se han efectuado compromisos de trato nacional o de acceso al mercado.

Para mayor certeza, la ausencia de reservas específicas en un sector o subsector de servicios dado no afectará a las reservas horizontales que se aplican.

3. El suministro transfronterizo de servicios en sectores o subsectores que no se mencionan en la lista que figura más adelante no está comprometido.

4. Para identificar los distintos sectores y subsectores:

  • a)CCP significa la Clasificación Central de Productos que figuran en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, Serie M, Nº 77, CCP prov.1991.
  • b)CCP ver. 1.0 significa la Clasificación Central de Productos según lo establecido en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, Serie M, Nº 77, CCP ver. 1.0, 1998.

5. La lista que figura a continuación no incluye medidas relativas a los requisitos y procedimientos de calificación, los estándares técnicos y los requisitos (incluyendo cualquier concesión, permiso, registro y autorización de otro tipo) y procedimientos cuando no constituyan una limitación del acceso a los mercados o del trato nacional, condiciones y calificaciones en el sentido de los artículos 170 y 171 del presente Acuerdo. Dichas medidas (por ejemplo, la necesidad de obtener una licencia, las obligaciones de servicio universal, la necesidad de obtener el reconocimiento de las calificaciones en sectores regulados o de superar exámenes específicos, incluidos los exámenes de idiomas) son de aplicación en cualquier caso a los servicios y proveedores de servicios de la Parte UE, incluso en caso de que no aparezcan enumeradas.

6. La lista que figura a continuación se entiende sin perjuicio de la viabilidad del Modo 1 en determinados sectores y subsectores de servicios y sin perjuicio de la existencia de monopolios públicos y derechos exclusivos según lo descrito en la lista de compromisos sobre establecimiento.

7. De conformidad con el artículo 159, apartado 3, del presente Acuerdo, la lista que figura a continuación no incluye medidas relativas a las subvenciones otorgadas por las Partes.

8. Los derechos y obligaciones que emanan de la presente lista de compromisos no tendrán efectos jurídicos (*) y, por consiguiente, no confieren derechos directamente a las personas naturales o jurídicas individuales.

(*)(Mediante el Tratado Internacional N° 9154 "Acuerdo que establece asociación entre Centroamérica y la Unión Europea y sus Estados miembros, del 3 de julio del 2013 los países miembros acordaron que donde dice la frase "... no tendrá efectos jurídicos... " debe decir "... no tendrán efectos por sí mismo...") 9. Los compromisos de la presente lista no implican un trato de los servicios y proveedores de servicios de la Parte UE menos favorable que el de los términos, limitaciones y condiciones en el marco del AGCS.

PANAMÁ 1. La lista de compromisos que figura a continuación indica los sectores o subsectores comprometidos en virtud del artículo 172 del presente Acuerdo y, mediante reservas, las limitaciones de acceso al mercado y al trato nacional, las condiciones y calificaciones aplicables a los servicios y proveedores de servicios de la Parte UE en dichos sectores o subsectores. La lista consta de los siguientes elementos:

  • a)Una primera columna indica el sector o subsector de servicios en que la Parte asume el compromiso y el ámbito a que se aplican las reservas.
  • b)Una segunda columna describe las reservas aplicables.

2. A efectos de esta lista, el término "ninguna" indica el sector o subsector de servicios que no tiene limitaciones, condiciones ni calificaciones con respecto al trato nacional o al acceso al mercado. El término "sin consolidar" indica que no se han efectuado compromisos de trato nacional o de acceso al mercado.

Para mayor certeza, la ausencia de reservas específicas en un sector o subsector de servicios dado no afectará a las reservas horizontales que se aplican.

3. El suministro transfronterizo de servicios en sectores o subsectores que no se mencionan en la lista que figura más adelante no está comprometido.

4. Para identificar los distintos sectores y subsectores:

  • a)CCP significa la Clasificación Central de Productos que figuran en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, Serie M, Nº 77, CCP prov., 1991.
  • b)CCP ver. 1.0 significa la Clasificación Central de Productos según lo establecido en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, Serie M, Nº 77, CCP ver. 1.0, 1998.

5. La lista que figura a continuación no incluye medidas relativas a los requisitos y procedimientos de calificación, los estándares técnicos y los requisitos (incluyendo cualquier concesión, permiso, registro y autorización de otro tipo) y procedimientos cuando no constituyan una limitación del acceso a los mercados o del trato nacional, condiciones y calificaciones en el sentido de los artículos 170 y 171 del presente Acuerdo. Dichas medidas (por ejemplo, la necesidad de obtener una licencia, las obligaciones de servicio universal, la necesidad de obtener el reconocimiento de las calificaciones en sectores regulados o de superar exámenes específicos, incluidos los exámenes de idiomas) son de aplicación en cualquier caso a los servicios y proveedores de servicios de la Parte UE, incluso en caso de que no aparezcan enumeradas.

6. La lista que figura a continuación se entiende sin perjuicio de la viabilidad del Modo 1 en determinados sectores y subsectores de servicios y sin perjuicio de la existencia de monopolios públicos y derechos exclusivos según lo descrito en la lista de compromisos sobre establecimiento.

7. De conformidad con el artículo 159, apartado 3, del presente Acuerdo, la lista que figura a continuación no incluye medidas relativas a las subvenciones otorgadas por las Partes.

8. Los derechos y obligaciones que emanan de la presente lista de compromisos no tendrán efectos jurídicos (*) y, por consiguiente, no confieren derechos directamente a las personas naturales o jurídicas individuales.

(*)(Mediante el Tratado Internacional N° 9154 "Acuerdo que establece asociación entre Centroamérica y la Unión Europea y sus Estados miembros, del 3 de julio del 2013 los países miembros acordaron que donde dice la frase "... no tendrá efectos jurídicos... " debe decir "... no tendrán efectos por sí mismo...")

RESERVAS SOBRE PERSONAL CLAVE Y APRENDICES GRADUADOS (TITULADOS EN PRÁCTICAS) DE LA PARTE UE 1. La lista de reservas que figura a continuación indica las actividades económicas liberalizadas en virtud del artículo 166 del presente Acuerdo para las cuales se aplican limitaciones al personal clave y a los aprendices graduados, de conformidad con el artículo 174 del presente Acuerdo aplican y especifica dichas limitaciones. Las listas constan de los siguientes elementos:

(a) Una primera columna indicando el sector o subsector en que se aplican dichas limitaciones.

(b) Una segunda columna describe las limitaciones aplicables.

Cuando la columna a que se hace referencia en (b) solo incluye reservas para Estados miembros específicos, los Estados miembros no mencionados en ella asumen compromisos en el sector en reservas (N.B. la ausencia de reservas específicas para Estados miembros en un sector dado es sin perjuicio de las reservas horizontales o a las reservas sectoriales para toda la UE que se puedan aplicar).

(Nota de Sinalevi: Mediante el aparte 25) sub aparte b) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó que en el párrafo anterior las palabras "Cuando la columna" y termina con las palabras "que se pueden aplicar)." no se incorpora al presente Acuerdo.anteriormente referido) La Unión Europea y sus Estados miembros no asumen ningún compromiso con el personal clave y aprendices graduados en actividades económicas que no están liberalizadas (permanecen sin consolidar) en virtud del artículo 166 del presente Acuerdo.

2. Para identificar los sectores y subsectores individuales:

  • a)CIIU rev.3.1 significa la Clasificación Industrial Internacional Uniforme de todas las actividades económicas según la definición de la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, serie M, Nº 4, CIIU rev. 3.1, 2002.
  • b)CCP significa la Clasificación Central de Productos según la definición de la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, serie M, Nº 77, CCP prov., 1991.
  • c)CCP ver. 1.0 significa la Clasificación Central de Productos según la definición de la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, serie M, N° 77, CCP ver. 1.0, 1998.

3. Los compromisos en lo que respecta al personal clave y a los aprendices graduados no aplican en los casos en que el objetivo o la consecuencia de su presencia temporal supone una interferencia o afecta de cualquier otro modo a los resultados de una controversia o negociación laboral o de su gestión.

4. La lista que figura a continuación no incluye medidas relativas a los requisitos y procedimientos de calificación, los estándares técnicos y los requisitos de licencia y procedimientos cuando no constituyan una reserva en el sentido del artículo 174 del presente Acuerdo. Tales medidas (como pueden ser la necesidad de obtener una licencia, la necesidad de obtener el reconocimiento de las calificaciones en sectores regulados, la necesidad de aprobar exámenes específicos, incluyendo exámenes de idiomas, la necesidad de tener un domicilio legal en el territorio en el que se desempeña la actividad económica), aunque no figuren en la lista, son de aplicación en cualquier caso al personal clave y a los aprendices graduados de la otra Parte.

5. De conformidad con el artículo 159, apartado 3, del presente Acuerdo, la lista que figura a continuación no incluye medidas relativas a las subvenciones otorgadas por las Partes.

6. Todos los demás requisitos de las leyes y regulaciones de la Parte UE respecto a medidas sobre la entrada, la presencia, el trabajo y seguridad social continuarán aplicándose, incluyendo las regulaciones relativas a los periodos de presencia, los salarios mínimos, al igual que los convenios colectivos sobre salarios, aunque no se incluyan en la lista que figura a continuación.

7. La lista que figura a continuación se entiende sin perjuicio de la existencia de monopolios públicos y derechos exclusivos según lo descrito en la lista de compromisos sobre establecimiento.

8. En los sectores en que se apliquen exámenes de necesidades económicas, sus criterios principales serán la evaluación de la situación del mercado correspondiente en el Estado miembro o la región en que vaya a prestarse el servicio, con respecto asimismo al número de proveedores de servicios existentes y la repercusión en los mismos.

9. Los derechos y obligaciones que emanan de esta lista de reservas no tendrán efectos por sí mismos y, por consiguiente, no confieren derechos directamente a las personas naturales ni jurídicas individuales.

Reservas sobre personal clave y aprendices graduados titulados en practicas de la Parte UE (Nota de Sinalevi: Mediante el aparte 25) sub aparte a) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó establecer que en toda la Sección A, las reservas correspondientes a países específicos que no forman parte del presente Acuerdo no se incorporan al presente Acuerdo anteriormente referido)

LISTAS DE COMPROMISOS DE LAS REPÚBLICAS DE LA PARTE CA SOBRE PERSONAL CLAVE Y APRENDICES GRADUADOS COSTA RICA 1. La lista de compromisos que figura a continuación indica las actividades económicas y los sectores y subsectores de servicios comprometidos en virtud del artículo 174, apartado 2, del presente Acuerdo y las reservas y condiciones aplicables al personal clave y a los aprendices graduados. La lista consta de los siguientes elementos:

  • a)Una primera columna indica las actividades económicas, los sectores o subsectores de servicios en que la Parte asume el compromiso y el ámbito de aplicación a que se aplican las reservas y condiciones.
  • b)Una segunda columna describe las reservas y condiciones aplicables.

2. A efectos de esta lista, el término "ninguna" indica las actividades económicas y los sectores y subsectores de servicios en los cuales no hay reservas y condiciones específicas, sin perjuicio de las reservas y condiciones horizontales aplicables. El término "sin consolidar" indica que no se han adquirido compromisos.

3. Costa Rica no asume ningún compromiso sobre personal clave y aprendices graduados en actividades económicas, sectores o subsectores de servicios no mencionados en la lista que figura a continuación.

4. A efectos de la identificación de las distintas actividades económicas individuales:

  • a)CIIU rev. 3.1 significa la Clasificación Industrial Internacional Uniforme de todas las actividades económicas que figuran en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, serie M, Nº 4, CIIU rev. 3.1, 2002.
  • b)CCP significa la Clasificación Central de Productos según lo establecido en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, serie M, Nº 77, CCP prov., 1991; c) CCP ver. 1.0 significa la Clasificación Central de Productos según lo establecido en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, serie M, N° 77, CCP ver. 1.0, 1998.

5. Los compromisos en lo que respecta al personal clave y a los aprendices graduados no aplican en los casos en que el objetivo o la consecuencia de su presencia temporal supone una interferencia o afecta de cualquier otro modo a los resultados de una controversia o negociación laboral o con su gestión.

6. La lista que figura a continuación no incluye medidas relativas a los requisitos y procedimientos de calificación, los estándares técnicos y los requisitos de licencias (incluyendo cualquier concesión, permiso, registro y autorización de otro tipo) y procedimientos cuando no constituyan una reserva en el sentido del artículo 174 del presente Acuerdo. Tales medidas (como pueden ser la necesidad de obtener una licencia, la necesidad de obtener el reconocimiento de las calificaciones en sectores regulados, la necesidad de aprobar exámenes específicos incluyendo exámenes de idiomas o la necesidad de tener un domicilio legal en el territorio en el que se desempeña la actividad económica), aunque no figuren en la lista, son de aplicación en cualquier caso al personal clave y a los aprendices graduados de la Parte UE.

7. De conformidad con el artículo 159, apartado 3, del presente Acuerdo, la lista que figura a continuación no incluye medidas relativas a las subvenciones otorgadas por las Partes.

8. Todos los demás requisitos de las leyes y regulaciones de Costa Rica acerca de la entrada, la presencia, el trabajo y el régimen de seguridad social continuarán aplicándose, incluidas las regulaciones relativas a la duración de la presencia, los salarios mínimos y los convenios colectivos sobre salarios, aunque no se incluyan en la lista que figura a continuación.

9. La lista que figura a continuación se entiende sin perjuicio de la existencia de monopolios públicos y derechos exclusivos según lo descrito en la lista de compromisos sobre establecimiento.

10. En esas actividades económicas en que se aplique el examen de las necesidades económicas, sus criterios principales serán la evaluación de la situación del mercado correspondiente o de la región en que vaya a prestarse el servicio, con respecto asimismo al número de proveedores de servicios existentes y la repercusión en los mismos.

11. Los derechos y obligaciones que emanan de la presente lista de compromisos no tendrán efectos por sí mismos y, por consiguiente, no confieren derechos directamente a las personas naturales o jurídicas individuales.

Lista de Compromisos República de Costa Rica CA: Sobre personal clave y apréndices graduados EL SALVADOR 1. La lista de compromisos que figura a continuación indica las actividades económicas y los sectores y subsectores de servicios comprometidos en virtud del artículo 174, apartado 2, del presente Acuerdo y las reservas y condiciones aplicables al personal clave. La lista consta de los siguientes elementos:

  • a)Una primera columna indica las actividades económicas, los sectores o subsectores de servicios en que la Parte asume el compromiso y el ámbito de aplicación a que se aplican las reservas y condiciones.
  • b)Una segunda columna describe las reservas y condiciones aplicables.

2. A efectos de esta lista, el término "ninguna" indica las actividades económicas y los sectores y subsectores de servicios en los cuales no hay reservas y condiciones específicas, sin perjuicio de las reservas y condiciones horizontales aplicables. El término "sin consolidar" indica que no se han adquirido compromisos.

3. El Salvador no asume ningún compromiso sobre personal clave en actividades económicas, sectores o subsectores de servicios no mencionados en la lista que figura a continuación.

4. A efectos de la identificación de las distintas actividades económicas individuales:

  • a)CIIU rev. 3.1 significa la Clasificación Industrial Internacional Uniforme de todas las actividades económicas que figuran en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, serie M, Nº 4, CIIU rev. 3.1, 2002.
  • b)CCP significa la Clasificación Central de Productos según lo establecido en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, serie M, Nº 77, CCP prov., 1991.
  • c)CCP ver. 1.0 significa la Clasificación Central de Productos según lo establecido en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, serie M, N° 77, CCP ver. 1.0, 1998.

5. Los compromisos en lo que respecta al personal clave no aplican en los casos en que el objetivo o la consecuencia de su presencia temporal supone una interferencia o afecta de cualquier otro modo a los resultados de una controversia o negociación laboral o con su gestión.

6. La lista que figura a continuación no incluye medidas relativas a los requisitos y procedimientos de calificación, los estándares técnicos y los requisitos de licencias (incluyendo cualquier concesión, permiso, registro y autorización de otro tipo) y procedimientos ni medidas relativas al empleo y a las condiciones de trabajo y seguridad social cuando no constituyan una reserva en el sentido del artículo 174 del presente Acuerdo. Tales medidas (como pueden ser la necesidad de obtener una licencia, la necesidad de obtener el reconocimiento de las calificaciones en sectores regulados, la necesidad de aprobar exámenes específicos incluyendo exámenes de idiomas o la necesidad de tener un domicilio legal en el territorio en el que se desempeña la actividad económica, la necesidad de cumplir la normativa y la práctica nacional sobre salario mínimo y acuerdos salariales colectivos en el país anfitrión), son de aplicación en cualquier caso al personal clave y a los aprendices graduados de la Parte UE, incluso en caso de que no aparezcan en la lista.

7. De conformidad con el artículo 159, apartado 3, del presente Acuerdo, la lista que figura a continuación no incluye medidas relativas a las subvenciones otorgadas por las Partes.

8. Todos los demás requisitos de las leyes y regulaciones de El Salvador acerca de la entrada, la presencia, el trabajo y el régimen de seguridad social continuarán aplicándose, incluidas las regulaciones relativas a la duración de la presencia, los salarios mínimos y los convenios colectivos sobre salarios, aunque no se incluyan en la lista que figura a continuación.

9. La lista que figura a continuación se entiende sin perjuicio de la existencia de monopolios públicos y derechos exclusivos según lo descrito en la lista de compromisos sobre establecimiento.

10. En esas actividades económicas en que se aplique el examen de las necesidades económicas, sus criterios principales serán la evaluación de la situación del mercado correspondiente o de la región en que vaya a prestarse el servicio, con respecto asimismo al número de proveedores de servicios existentes y la repercusión en los mismos.

11. Los derechos y obligaciones que emanan de la presente lista de compromisos no tendrán efectos jurídicos(*) y, por consiguiente, no confieren derechos directamente a las personas naturales o jurídicas individuales.

(*)(Mediante Tratado Internacional N° 9154 "Acuerdo que establece asociación entre Centroamérica y la Unión Europea y sus Estados miembros", del 3 de julio del 2013 los países miembros acordaron que donde dice la frase "... no tendrá efectos jurídicos... " debe decir "... no tendrán efectos por sí mismo...") Lista de Compromisos República de El Salvador Parte CA sobre personal clave y aprendices graduados GUATEMALA 1. La lista de compromisos que figura a continuación indica las actividades económicas y los sectores y subsectores de servicios comprometidos en virtud del artículo 174, apartado 2, del presente Acuerdo y las reservas y condiciones aplicables al personal clave y a los aprendices graduados. La lista consta de los siguientes elementos:

  • a)Una primera columna indica las actividades económicas, los sectores o subsectores de servicios en que la Parte asume el compromiso y el ámbito de aplicación a que se aplican las reservas y condiciones.
  • b)Una segunda columna describe las reservas y condiciones aplicables.

2. A efectos de esta lista, el término "ninguna" indica las actividades económicas y los sectores y subsectores de servicios en los cuales no hay reservas y condiciones específicas, sin perjuicio de las reservas y condiciones horizontales aplicables. El término "sin consolidar" indica que no se han adquirido compromisos.

3. Guatemala no asume ningún compromiso sobre personal clave y aprendices graduados en actividades económicas, sectores o subsectores de servicios no mencionados en la lista que figura a continuación.

4. A efectos de la identificación de las distintas actividades económicas individuales:

  • a)CIIU rev. 3.1 significa la Clasificación Industrial Internacional Uniforme de todas las actividades económicas que figuran en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, serie M, Nº 4, CIIU rev. 3.1, 2002.
  • b)CCP significa la Clasificación Central de Productos según lo establecido en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, serie M, Nº 77, CCP prov., 1991; c) CCP ver. 1.0 significa la Clasificación Central de Productos según lo establecido en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, serie M, N° 77, CCP ver. 1.0, 1998.

5. Los compromisos en lo que respecta al personal clave y a los aprendices graduados no aplican en los casos en que el objetivo o la consecuencia de su presencia temporal supone una interferencia o afecta de cualquier otro modo a los resultados de una controversia o negociación laboral o con su gestión.

6. La lista que figura a continuación no incluye medidas relativas a los requisitos y procedimientos de calificación, los estándares técnicos y los requisitos de licencias (incluyendo cualquier concesión, permiso, registro y autorización de otro tipo) y procedimientos ni medidas relativas al empleo y a las condiciones de trabajo y seguridad social cuando no constituyan una reserva en el sentido del artículo 174 del presente Acuerdo. Tales medidas (como pueden ser la necesidad de obtener una licencia, la necesidad de obtener el reconocimiento de las calificaciones en sectores regulados, la necesidad de aprobar exámenes específicos incluyendo exámenes de idiomas o la necesidad de tener un domicilio legal en el territorio en el que se desempeña la actividad económica, la necesidad de cumplir la normativa y la práctica nacional sobre salario mínimo y acuerdos salariales colectivos en el país anfitrión), son de aplicación en cualquier caso al personal clave y a los aprendices graduados de la Parte UE, incluso en caso de que no aparezcan enumeradas.

7. De conformidad con el artículo 159, apartado 3, del presente Acuerdo, la lista que figura a continuación no incluye medidas relativas a las subvenciones otorgadas por las Partes.

8. Todos los demás requisitos de las leyes y regulaciones de Guatemala acerca de la entrada, la presencia, el trabajo y el régimen de seguridad social continuarán aplicándose, incluidas las regulaciones relativas a la duración de la presencia, los salarios mínimos y los convenios colectivos sobre salarios, aunque no se incluyan en la lista que figura a continuación.

9. La lista que figura a continuación se entiende sin perjuicio de la existencia de monopolios públicos y derechos exclusivos según lo descrito en la lista de compromisos sobre establecimiento.

10. En esas actividades económicas en que se aplique el examen de las necesidades económicas, sus criterios principales serán la evaluación de la situación del mercado correspondiente o de la región en que vaya a prestarse el servicio, con respecto asimismo al número de proveedores de servicios existentes y la repercusión en los mismos.

11. Los derechos y obligaciones que emanan de la presente lista de compromisos no tendrán efectos jurídicos (*) y, por consiguiente, no confieren derechos directamente a las personas naturales o jurídicas individuales.

(*)(Mediante Tratado Internacional N° 9154 "Acuerdo que establece asociación entre Centroamérica y la Unión Europea y sus Estados miembros", del 3 de julio del 2013 los países miembros acordaron que donde dice la frase "... no tendrá efectos jurídicos... " debe decir "... no tendrán efectos por sí mismo...") Lista de Compromisos República de Guatemala Parte CA Sobre personal clave y aprendices graduados HONDURAS 1. La lista de compromisos que figura a continuación indica las actividades económicas y los sectores y subsectores de servicios comprometidos en virtud del artículo 174, apartado 2, del presente Acuerdo y las reservas y condiciones aplicables al personal clave y a los aprendices graduados. La lista consta de los siguientes elementos:

  • a)Una primera columna indica las actividades económicas, los sectores o subsectores de servicios en que la Parte asume el compromiso y el ámbito de aplicación a que se aplican las reservas y condiciones.
  • b)Una segunda columna describe las reservas y condiciones aplicables.

2. A efectos de esta lista, el término "ninguna" indica las actividades económicas y los sectores y subsectores de servicios en los cuales no hay reservas y condiciones específicas, sin perjuicio de las reservas y condiciones horizontales aplicables. El término "sin consolidar" indica que no se han adquirido compromisos.

3. Honduras no asume ningún compromiso sobre personal clave y aprendices graduados en actividades económicas, sectores o subsectores de servicios no mencionados en la lista que figura a continuación.

4. A efectos de la identificación de las distintas actividades económicas individuales:

  • a)CIIU rev. 3.1 significa la Clasificación Industrial Internacional Uniforme de todas las actividades económicas que figuran en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, serie M, Nº 4, CIIU rev. 3.1, 2002.
  • b)CCP significa la Clasificación Central de Productos según lo establecido en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, serie M, Nº 77, CCP prov., 1991; c) CCP ver. 1.0 significa la Clasificación Central de Productos según lo establecido en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, serie M, N° 77, CCP ver. 1.0, 1998.

5. Los compromisos en lo que respecta al personal clave y a los aprendices graduados no aplican en los casos en que el objetivo o la consecuencia de su presencia temporal supone una interferencia o afecta de cualquier otro modo a los resultados de una controversia o negociación laboral o con su gestión.

6. La lista que figura a continuación no incluye medidas relativas a los requisitos y procedimientos de calificación, los estándares técnicos y los requisitos (incluyendo cualquier concesión, permiso, registro y autorización de otro tipo) y procedimientos ni medidas relativas al empleo y a condiciones de trabajo y seguridad social cuando no constituyan una reserva en el sentido del artículo 174 del presente Acuerdo. Tales medidas (como pueden ser la necesidad de obtener una licencia, la necesidad de obtener el reconocimiento de las calificaciones en sectores regulados, la necesidad de aprobar exámenes específicos incluyendo exámenes de idiomas o la necesidad de tener un domicilio legal en el territorio en el que se desempeña la actividad económica), aunque no figuren en la lista, son de aplicación en cualquier caso al personal clave y a los aprendices graduados de la Parte UE.

7. De conformidad con el artículo 159, apartado 3, del presente Acuerdo, la lista que figura a continuación no incluye medidas relativas a las subvenciones otorgadas por las Partes.

8. Todos los demás requisitos de las leyes y regulaciones de Honduras acerca de la entrada, la presencia, el trabajo y el régimen de seguridad social continuarán aplicándose, incluidas las regulaciones relativas a la duración de la presencia, los salarios mínimos y los convenios colectivos sobre salarios, aunque no se incluyan en la lista que figura a continuación.

9. La lista que figura a continuación se entiende sin perjuicio de la existencia de monopolios públicos y derechos exclusivos según lo descrito en la lista de compromisos sobre establecimiento.

10. En esas actividades económicas en que se aplique el examen de las necesidades económicas, sus criterios principales serán la evaluación de la situación del mercado correspondiente o de la región en que vaya a prestarse el servicio, con respecto asimismo al número de proveedores de servicios existentes y la repercusión en los mismos.

11. Los derechos y obligaciones que emanan de la presente lista de compromisos no tendrán efectos jurídicos(*) y, por consiguiente, no confieren derechos directamente a las personas naturales o jurídicas individuales.

(*)(Mediante el Tratado Internacional N° 9154 "Acuerdo que establece asociación entre Centroamérica y la Unión Europea y sus Estados miembros", del 3 de julio del 2013 los países miembros acordaron que donde dice la frase "... no tendrá efectos jurídicos... " debe decir "... no tendrán efectos por sí mismo...") Lista de Compromisos República de Honduras ParteCA Sobre personal clave y aprendices graduados NICARAGUA 1. La lista de compromisos que figura a continuación indica las actividades económicas y los sectores y subsectores de servicios comprometidos en virtud del artículo 174, apartado 2, del presente Acuerdo y las reservas y condiciones aplicables al personal clave y a los aprendices graduados. La lista consta de los siguientes elementos:

  • a)Una primera columna indica las actividades económicas, los sectores o subsectores de servicios en que la Parte asume el compromiso y el ámbito de aplicación a que se aplican las reservas y condiciones.
  • b)Una segunda columna describe las reservas y condiciones aplicables.

2. A efectos de esta lista, el término "ninguna" indica las actividades económicas y los sectores y subsectores de servicios en los cuales no hay reservas y condiciones específicas, sin perjuicio de las reservas y condiciones horizontales aplicables. El término "sin consolidar" indica que no se han adquirido compromisos.

3. Nicaragua no asume ningún compromiso sobre personal clave y aprendices graduados en actividades económicas, sectores o subsectores de servicios no mencionados en la lista que figura a continuación.

4. A efectos de la identificación de las distintas actividades económicas individuales:

  • a)CIIU rev. 3.1 significa la Clasificación Industrial Internacional Uniforme de todas las actividades económicas que figuran en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, serie M, Nº 4, CIIU rev. 3.1, 2002.
  • b)CCP significa la Clasificación Central de Productos según lo establecido en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, serie M, Nº 77, CCP prov., 1991; c) CCP ver. 1.0 significa la Clasificación Central de Productos según lo establecido en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, serie M, N° 77, CCP ver. 1.0, 1998.

5. Los compromisos en lo que respecta al personal clave y a los aprendices graduados no aplican en los casos en que el objetivo o la consecuencia de su presencia temporal supone una interferencia o afecta de cualquier otro modo a los resultados de una controversia o negociación laboral o con su gestión.

6. La lista que figura a continuación no incluye medidas relativas a los requisitos y procedimientos de calificación, los estándares técnicos y los requisitos de licencias (incluyendo cualquier concesión, permiso, registro y autorización de otro tipo) y procedimientos cuando no constituyan una reserva en el sentido del artículo 174 del presente Acuerdo. Tales medidas (como pueden ser la necesidad de obtener una licencia, la necesidad de obtener el reconocimiento de las calificaciones en sectores regulados, la necesidad de aprobar exámenes específicos incluyendo exámenes de idiomas o la necesidad de tener un domicilio legal en el territorio en el que se desempeña la actividad económica), aunque no figuren en la lista, son de aplicación en cualquier caso al personal clave y a los aprendices graduados de la Parte UE.

7. De conformidad con el artículo 159, apartado 3, del presente Acuerdo, la lista que figura a continuación no incluye medidas relativas a las subvenciones otorgadas por las Partes.

8. Todos los demás requisitos de las leyes y regulaciones de Nicaragua acerca de la entrada, la presencia, el trabajo y el régimen de seguridad social continuarán aplicándose, incluidas las regulaciones relativas a la duración de la presencia, los salarios mínimos y los convenios colectivos sobre salarios, aunque no se incluyan en la lista que figura a continuación.

9. La lista que figura a continuación se entiende sin perjuicio de la existencia de monopolios públicos y derechos exclusivos según lo descrito en la lista de compromisos sobre establecimiento.

10. En esas actividades económicas en que se aplique el examen de las necesidades económicas, sus criterios principales serán la evaluación de la situación del mercado correspondiente o de la región en que vaya a prestarse el servicio, con respecto asimismo al número de proveedores de servicios existentes y la repercusión en los mismos.

11. Los derechos y obligaciones que emanan de la presente lista de compromisos no tendrán efectos jurídicos (*) y, por consiguiente, no confieren derechos directamente a las personas naturales o jurídicas individuales.

(*)(Mediante Tratado Internacional N° 9154 "Acuerdo que establece asociación entre Centroamérica y la Unión Europea y sus Estados miembros", del 3 de julio del 2013 los países miembros acordaron que donde dice la frase "... no tendrá efectos jurídicos... " debe decir "... no tendrán efectos por sí mismo...") Lista de Compromisos República de Nicaragua Parte CA Sobre personal clave y aprendices graduados PANAMÁ 1. La lista de compromisos que figura a continuación indica las actividades económicas y los sectores y subsectores de servicios comprometidos en virtud del artículo 174, apartado 2, del presente Acuerdo y las reservas y condiciones aplicables al personal clave y a los aprendices graduados. La lista consta de los siguientes elementos:

  • a)Una primera columna indica las actividades económicas, los sectores o subsectores de servicios en que la Parte asume el compromiso y el ámbito de aplicación a que se aplican las reservas y condiciones.
  • b)Una segunda columna describe las reservas y condiciones aplicables.

2. A efectos de esta lista, el término "ninguna" indica las actividades económicas y los sectores y subsectores de servicios en los cuales no hay reservas y condiciones específicas, sin perjuicio de las reservas y condiciones horizontales aplicables. El término "sin consolidar" indica que no se han adquirido compromisos.

3. Panamá no asume ningún compromiso sobre personal clave y aprendices graduados en actividades económicas, sectores o subsectores de servicios no mencionados en la lista que figura a continuación.

4. A efectos de la identificación de las distintas actividades económicas individuales:

  • a)CIIU rev. 3.1 significa la Clasificación Industrial Internacional Uniforme de todas las actividades económicas que figuran en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, serie M, Nº 4, CIIU rev. 3.1, 2002.
  • b)CCP significa la Clasificación Central de Productos según lo establecido en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, serie M, Nº 77, CCP prov., 1991; c) CCP ver. 1.0 significa la Clasificación Central de Productos según lo establecido en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, serie M, N° 77, CCP ver. 1.0, 1998.

5. Los compromisos en lo que respecta al personal clave y a los aprendices graduados no aplican en los casos en que el objetivo o la consecuencia de su presencia temporal supone una interferencia o afecta de cualquier otro modo a los resultados de una controversia o negociación laboral o con su gestión.

6. La lista que figura a continuación no incluye medidas relativas a los requisitos y procedimientos de calificación, los estándares técnicos y los requisitos de licencias (incluyendo cualquier concesión, permiso, registro y autorización de otro tipo) y procedimientos y medidas relativas al empleo y a las condiciones de trabajo y seguridad social cuando no constituyan una reserva en el sentido de los artículos 174 y 175 del presente Acuerdo. Tales medidas (por ejemplo, la necesidad de obtener una licencia, la necesidad de obtener el reconocimiento de las calificaciones en sectores regulados, la necesidad de aprobar exámenes específicos, incluyendo los exámenes de idiomas, la necesidad de tener un domicilio legal en el territorio donde se desarrolla la actividad económica, la necesidad de cumplir la normativa y la práctica nacional sobre salario mínimo y acuerdos salariales colectivos en el país anfitrión), aunque no figuren en la lista, son de aplicación en cualquier caso al personal clave y a los titulados en prácticas aprendices graduados de la Parte UE.

7. De conformidad con el artículo 159, apartado 3, del presente Acuerdo, la lista que figura a continuación no incluye medidas relativas a las subvenciones otorgadas por las Partes.

8. Todos los demás requisitos de las leyes y regulaciones de Panamá acerca de la entrada, la presencia, el trabajo y el régimen de seguridad social continuarán aplicándose, incluidas las regulaciones relativas a la duración de la presencia, los salarios mínimos y los convenios colectivos sobre salarios, aunque no se incluyan en la lista que figura a continuación.

9. La lista que figura a continuación se entiende sin perjuicio de la existencia de monopolios públicos y derechos exclusivos según lo descrito en la lista de compromisos sobre establecimiento.

10. En esas actividades económicas en que se aplique el examen de las necesidades económicas, sus criterios principales serán la evaluación de la situación del mercado correspondiente o de la región en que vaya a prestarse el servicio, con respecto asimismo al número de proveedores de servicios existentes y la repercusión en los mismos.

11. Los derechos y obligaciones que emanan de la presente lista de compromisos no tendrán efectos por sí mismos y, por consiguiente, no confieren derechos directamente a las personas naturales o jurídicas individuales.

Lista de Compromiso República de Panama Parte CA Sobre personal clave y aprendices graduados

LISTAS DE COMPROMISOS DE LAS REPÚBLICAS DE LA PARTE CA SOBRE VENDEDORES DE SERVICIOS COMERCIALES COSTA RICA 1. La lista de compromisos que figura a continuación indica las actividades económicas y los sectores y subsectores de servicios comprometidos en virtud del artículo 175, apartado 2, del Acuerdo y las reservas y condiciones aplicables a los vendedores de servicios comerciales. La lista consta de los siguientes elementos:

  • a)Una primera columna indica las actividades económicas, los sectores o subsectores de servicios en que la Parte asume el compromiso y el ámbito de aplicación a que se aplican las reservas y condiciones.
  • b)Una segunda columna describe las reservas y condiciones aplicables.

2. A efectos de esta lista, el término "ninguna" indica las actividades económicas y los sectores y subsectores de servicios en los cuales no hay reservas y condiciones específicas, sin perjuicio de las reservas y condiciones horizontales aplicables. El término "sin consolidar" indica que no se han adquirido compromisos.

3. Costa Rica no asume ningún compromiso sobre vendedores de servicios comerciales en actividades económicas, sectores o subsectores de servicios no mencionados en la lista que figura a continuación.

4. Para identificar las distintas actividades económicas, sectores y subsectores:

  • a)CIIU rev. 3.1 significa la Clasificación Industrial Internacional Uniforme de todas las actividades económicas que figuran en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, serie M, Nº 4, CIIU rev. 3.1, 2002.
  • b)CCP significa la Clasificación Central de Productos según lo establecido en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, serie M, Nº 77, CCP prov., 1991; c) CCP ver. 1.0 significa la Clasificación Central de Productos según lo establecido en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, serie M, N° 77, CCP ver. 1.0, 1998.

5. Los compromisos en lo que respecta a los vendedores de servicios comerciales no aplican en los casos en que el objetivo o la consecuencia de su presencia temporal supone una interferencia o afecta de cualquier otro modo a los resultados de una controversia o negociación laboral o con su gestión.

6. La lista que figura a continuación no incluye medidas relativas a los requisitos y procedimientos de calificación, los estándares técnicos y los requisitos de licencias (incluyendo cualquier concesión, permiso, registro y autorización de otro tipo) y procedimientos cuando no constituyan una reserva en el sentido del artículo 175 del Acuerdo. Tales medidas (como pueden ser la necesidad de obtener una licencia, la necesidad de obtener el reconocimiento de las calificaciones en sectores regulados, la necesidad de aprobar exámenes específicos, incluidos los exámenes de idiomas o la necesidad de tener un domicilio legal en el territorio en el que se desempeña la actividad económica), aunque no figuren en la lista, son de aplicación en cualquier caso a los vendedores de servicios comerciales de la Parte UE.

7. De conformidad con el artículo 159, apartado 3, del Acuerdo, la lista que figura a continuación no incluye medidas relativas a las subvenciones otorgadas por las Partes.

8. Todos los demás requisitos de las leyes y regulaciones de Costa Rica acerca de la entrada, la presencia, el trabajo y el régimen de seguridad social continuarán aplicándose, incluidas las regulaciones relativas a la duración de la presencia, los salarios mínimos y los convenios colectivos sobre salarios, aunque no se incluyan en la lista que figura a continuación.

9. La lista que figura a continuación se entiende sin perjuicio de la existencia de monopolios públicos y derechos exclusivos según lo descrito en las listas de compromisos sobre establecimiento y sobre el suministro transfronterizo de servicios.

10. En las actividades económicas y los sectores o subsectores de servicios en que se aplique el examen de las necesidades económicas, los criterios principales serán la evaluación de la situación del mercado correspondiente o de la región en que vaya a prestarse el servicio, con respecto asimismo al número de proveedores de servicios existentes y la repercusión en los mismos.

11. Los derechos y obligaciones que emanan de la presente lista de compromisos no tendrán efectos por sí mismos y, por consiguiente, no confieren derechos directamente a las personas naturales o jurídicas individuales.

Lista de Compromisos República de Costa Rica Parte CA Sobre Vendedores y Servicios Comerciales GUATEMALA 1. La lista de compromisos que figura a continuación indica las actividades económicas y los sectores y subsectores de servicios comprometidos en virtud del artículo 175, apartado 2, del presente Acuerdo y las reservas y condiciones aplicables a los vendedores de servicios comerciales. La lista consta de los siguientes elementos:

  • a)Una primera columna indica las actividades económicas, los sectores o subsectores de servicios en que la Parte asume el compromiso y el ámbito de aplicación a que se aplican las reservas y condiciones.
  • b)Una segunda columna describe las reservas y condiciones aplicables.

2. A efectos de esta lista, el término "ninguna" indica las actividades económicas y los sectores y subsectores de servicios en los cuales no hay reservas y condiciones específicas, sin perjuicio de las reservas y condiciones horizontales aplicables. El término "sin consolidar" indica que no se han adquirido compromisos.

3. Guatemala no asume ningún compromiso sobre vendedores de servicios comerciales en actividades económicas, sectores o subsectores de servicios no mencionados en la lista que figura a continuación.

4. Para identificar las distintas actividades económicas, sectores y subsectores:

  • a)CIIU rev. 3.1 significa la Clasificación Industrial Internacional Uniforme de todas las actividades económicas que figuran en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, serie M, Nº 4, CIIU rev. 3.1, 2002.
  • b)CCP significa la Clasificación Central de Productos según lo establecido en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, serie M, Nº 77, CCP prov., 1991; c) CCP ver. 1.0 significa la Clasificación Central de Productos según lo establecido en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, serie M, N° 77, CCP ver. 1.0, 1998.

5. Los compromisos en lo que respecta a los vendedores de servicios comerciales no aplican en los casos en que el objetivo o la consecuencia de su presencia temporal supone una interferencia o afecta de cualquier otro modo a los resultados de una controversia o negociación laboral o con su gestión.

6. La lista que figura a continuación no incluye medidas relativas a los requisitos y procedimientos de calificación, los estándares técnicos y los requisitos de licencias (incluyendo cualquier concesión, permiso, registro y autorización de otro tipo) y procedimientos cuando no constituyan una reserva en el sentido del artículo 175 del presente Acuerdo. Tales medidas (como pueden ser la necesidad de obtener una licencia, la necesidad de obtener el reconocimiento de las calificaciones en sectores regulados, la necesidad de aprobar exámenes específicos , incluidos los exámenes de idiomas o la necesidad de tener un domicilio legal en el territorio en el que se desempeña la actividad económica o la de cumplir la normativa y práctica nacional sobre salario mínimo y acuerdos salariales colectivos en el país anfitrión), aunque no figuren en la lista, son de aplicación en cualquier caso a los vendedores de servicios comerciales de la Parte UE.

7. De conformidad con el artículo 159, apartado 3, del presente Acuerdo, la lista que figura a continuación no incluye medidas relativas a las subvenciones otorgadas por las Partes.

8. Todos los demás requisitos de las leyes y regulaciones de Guatemala acerca de la entrada, la presencia, el trabajo y el régimen de seguridad social continuarán aplicándose, incluidas las regulaciones relativas a la duración de la presencia, los salarios mínimos y los convenios colectivos sobre salarios, aunque no se incluyan en la lista que figura a continuación.

9. La lista que figura a continuación se entiende sin perjuicio de la existencia de monopolios públicos y derechos exclusivos según lo descrito en las listas de compromisos sobre establecimiento y sobre el suministro transfronterizo de servicios.

10. En las actividades económicas y los sectores o subsectores de servicios en que se aplique el examen de las necesidades económicas, los criterios principales serán la evaluación de la situación del mercado correspondiente o de la región en que vaya a prestarse el servicio, con respecto asimismo al número de proveedores de servicios existentes y la repercusión en los mismos.

11. Los derechos y obligaciones que emanan de la presente lista de compromisos no tendrán efectos por sí mismos y, por consiguiente, no confieren derechos directamente a las personas naturales o jurídicas individuales.

Lista de Compromisos República de Guatemala Parte CA Sobre Vendedores y Servicios Comerciales HONDURAS 1. La lista de compromisos que figura a continuación indica las actividades económicas y los sectores y subsectores de servicios comprometidos en virtud del artículo 175, apartado 2, del presente Acuerdo y las reservas y condiciones aplicables a los vendedores de servicios comerciales. La lista consta de los siguientes elementos:

  • a)Una primera columna indica las actividades económicas, los sectores o subsectores de servicios en que la Parte asume el compromiso y el ámbito de aplicación a que se aplican las reservas y condiciones.
  • b)Una segunda columna describe las reservas y condiciones aplicables.

2. A efectos de esta lista, el término "ninguna" indica las actividades económicas y los sectores y subsectores de servicios en los cuales no hay reservas y condiciones específicas, sin perjuicio de las reservas y condiciones horizontales aplicables. El término "sin consolidar" indica que no se han adquirido compromisos.

3. Honduras no asume ningún compromiso sobre vendedores de servicios comerciales en actividades económicas, sectores o subsectores de servicios no mencionados en la lista que figura a continuación.

4. Para identificar las distintas actividades económicas, sectores y subsectores:

  • a)CIIU rev. 3.1 significa la Clasificación Industrial Internacional Uniforme de todas las actividades económicas que figuran en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, serie M, Nº 4, CIIU rev. 3.1, 2002.
  • b)CCP significa la Clasificación Central de Productos según lo establecido en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, serie M, Nº 77, CCP prov., 1991.
  • c)CCP ver. 1.0 significa la Clasificación Central de Productos según lo establecido en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, serie M, N° 77, CCP ver. 1.0, 1998.

5. Los compromisos en lo que respecta a los vendedores de servicios comerciales no aplican en los casos en que el objetivo o la consecuencia de su presencia temporal supone una interferencia o afecta de cualquier otro modo a los resultados de una controversia o negociación laboral o con su gestión.

6. La lista que figura a continuación no incluye medidas relativas a los requisitos y procedimientos de calificación, los estándares técnicos y los requisitos de licencias (incluyendo cualquier concesión, permiso, registro y autorización de otro tipo) y procedimientos cuando no constituyan una reserva en el sentido del artículo 175 del presente Acuerdo. Tales medidas (como pueden ser la necesidad de obtener una licencia, la necesidad de obtener el reconocimiento de las calificaciones en sectores regulados, la necesidad de aprobar exámenes específicos, incluidos los exámenes de idiomas o la necesidad de tener un domicilio legal en el territorio en el que se desempeña la actividad económica), aunque no figuren en la lista, son de aplicación en cualquier caso a los vendedores de servicios comerciales de la Parte UE.

7. De conformidad con el artículo 159, apartado 3, del presente Acuerdo, la lista que figura a continuación no incluye medidas relativas a las subvenciones otorgadas por las Partes.

8. Todos los demás requisitos de las leyes y regulaciones de Honduras acerca de la entrada, la presencia, el trabajo y el régimen de seguridad social continuarán aplicándose, incluidas las regulaciones relativas a la duración de la presencia, los salarios mínimos y los convenios colectivos sobre salarios, aunque no se incluyan en la lista que figura a continuación.

9. La lista que figura a continuación se entiende sin perjuicio de la existencia de monopolios públicos y derechos exclusivos según lo descrito en las listas de compromisos sobre establecimiento y sobre el suministro transfronterizo de servicios.

10. En las actividades económicas y los sectores o subsectores de servicio en que se aplique el examen de las necesidades económicas, los criterios principales serán la evaluación de la situación del mercado correspondiente o de la región en que vaya a prestarse el servicio, con respecto asimismo al número de proveedores de servicios existentes y la repercusión en los mismos.

11. Los derechos y obligaciones que emanan de la presente lista de compromisos no tendrán efectos por sí mismos y, por consiguiente, no confieren derechos directamente a las personas naturales o jurídicas individuales.

Lista de Compromisos República de Honduras Parte CA Sobre Vendedores y Servicios Comerciales NICARAGUA 1. La lista de compromisos que figura a continuación indica las actividades económicas y los sectores y subsectores de servicios comprometidos en virtud del artículo 175, apartado 2, del presente Acuerdo y las reservas y condiciones aplicables a los vendedores de servicios comerciales. La lista consta de los siguientes elementos:

  • a)Una primera columna indica las actividades económicas, los sectores o subsectores de servicios en que la Parte asume el compromiso y el ámbito de aplicación a que se aplican las reservas y condiciones.
  • b)Una segunda columna describe las reservas y condiciones aplicables.

2. A efectos de esta lista, el término "ninguna" indica las actividades económicas y los sectores y subsectores de servicios en los cuales no hay reservas y condiciones específicas, sin perjuicio de las reservas y condiciones horizontales aplicables. El término "sin consolidar" indica que no se han adquirido compromisos.

3. Nicaragua no asume ningún compromiso sobre vendedores de servicios comerciales en actividades económicas, sectores o subsectores de servicios no mencionados en la lista que figura a continuación.

4. Para identificar las distintas actividades económicas, sectores y subsectores:

  • a)CIIU rev. 3.1 significa la Clasificación Industrial Internacional Uniforme de todas las actividades económicas que figuran en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, serie M, Nº 4, CIIU rev. 3.1, 2002.
  • b)CCP significa la Clasificación Central de Productos según lo establecido en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, serie M, Nº 77, CCP prov., 1991.
  • c)CCP ver. 1.0 significa la Clasificación Central de Productos según lo establecido en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, serie M, N° 77, CCP ver. 1.0, 1998.

5. Los compromisos en lo que respecta a los vendedores de servicios comerciales no aplican en los casos en que el objetivo o la consecuencia de su presencia temporal supone una interferencia o afecta de cualquier otro modo a los resultados de una controversia o negociación laboral o con su gestión.

6. La lista que figura a continuación no incluye medidas relativas a los requisitos y procedimientos de calificación, los estándares técnicos y los requisitos de licencias (incluyendo cualquier concesión, permiso, registro y autorización de otro tipo) y procedimientos cuando no constituyan una reserva en el sentido del artículo 175 del presente Acuerdo. Tales medidas (como pueden ser la necesidad de obtener una licencia, la necesidad de obtener el reconocimiento de las calificaciones en sectores regulados, la necesidad de aprobar exámenes específicos, incluidos los exámenes de idiomas o la necesidad de tener un domicilio legal en el territorio en el que se desempeña la actividad económica), aunque no figuren en la lista, son de aplicación en cualquier caso a los vendedores de servicios comerciales de la Parte UE.

7. De conformidad con el artículo 159, apartado 3, del presente Acuerdo, la lista que figura a continuación no incluye medidas relativas a las subvenciones otorgadas por las Partes.

8. Todos los demás requisitos de las leyes y regulaciones de Nicaragua acerca de la entrada, la presencia, el trabajo y el régimen de seguridad social continuarán aplicándose, incluidas las regulaciones relativas a la duración de la presencia, los salarios mínimos y los convenios colectivos sobre salarios, aunque no se incluyan en la lista que figura a continuación.

9. La lista que figura a continuación se entiende sin perjuicio de la existencia de monopolios públicos y derechos exclusivos según lo descrito en las listas de compromisos sobre establecimiento y sobre el suministro transfronterizo de servicios.

10. En las actividades económicas y los sectores o subsectores de servicios en que se aplique el examen de las necesidades económicas, los criterios principales serán la evaluación de la situación del mercado correspondiente o de la región en que vaya a prestarse el servicio, con respecto asimismo al número de proveedores de servicios existentes y la repercusión en los mismos.

11. Los derechos y obligaciones que emanan de la presente lista de compromisos no tendrán efectos por sí mismos y, por consiguiente, no confieren derechos directamente a las personas naturales o jurídicas individuales.

Lista de Compromisos República de Nicaragua Parte CA Sobre Vendedores y Servicios Comerciales PANAMÁ 1. La lista de compromisos que figura a continuación indica las actividades económicas y los sectores y subsectores de servicios comprometidos en virtud del artículo 175, apartado 2, del presente Acuerdo y las reservas y condiciones aplicables a los vendedores de servicios comerciales. La lista consta de los siguientes elementos:

  • a)Una primera columna indica las actividades económicas, los sectores o subsectores de servicios en que la Parte asume el compromiso y el ámbito de aplicación a que se aplican las reservas y condiciones.
  • b)Una segunda columna describe las reservas y condiciones aplicables.

2. A efectos de esta lista, el término "ninguna" indica las actividades económicas y los sectores y subsectores de servicios en los cuales no hay reservas y condiciones específicas, sin perjuicio de las reservas y condiciones horizontales aplicables. El término "sin consolidar" indica que no se han adquirido compromisos.

3. Panamá no asume ningún compromiso sobre vendedores de servicios comerciales en actividades económicas, sectores o subsectores de servicios no mencionados en la lista que figura a continuación.

4. A efectos de la identificación de las distintas actividades económicas individuales:

  • a)CIIU rev. 3.1 significa la Clasificación Industrial Internacional Uniforme de todas las actividades económicas que figuran en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, serie M, Nº 4, CIIU rev. 3.1, 2002.
  • b)CCP significa la Clasificación Central de Productos según lo establecido en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, serie M, Nº 77, CCP prov., 1991.
  • c)CCP ver. 1.0 significa la Clasificación Central de Productos según lo establecido en la Oficina de Estadística de las Naciones Unidas, Informes estadísticos, serie M, N° 77, CCP ver. 1.0, 1998.

5. Los compromisos en lo que respecta a los vendedores de servicios comerciales no aplican en los casos en que el objetivo o la consecuencia de su presencia temporal supone una interferencia o afecta de cualquier otro modo a los resultados de una controversia o negociación laboral o con su gestión.

6. La lista que figura a continuación no incluye medidas relativas a los requisitos y procedimientos de calificación, los estándares técnicos y los requisitos de licencias(incluyendo cualquier concesión, permiso, registro y autorización de otro tipo) y procedimientos y medidas relativas al empleo y a las condiciones de trabajo y seguridad social cuando no constituyan una reserva en el sentido de los artículos 174 y 175 del presente Acuerdo. Tales medidas (por ejemplo la necesidad de obtener una licencia, la necesidad de obtener el reconocimiento de las calificaciones en sectores regulados, la necesidad de aprobar exámenes específicos, incluyendo los exámenes de idiomas, la necesidad de tener un domicilio legal en el territorio donde se desempeña la actividad económica, la necesidad de cumplir la normativa y la práctica nacional sobre salario mínimo y acuerdos salariales colectivos en el país anfitrión), aunque no figuren en la lista, son de aplicación en cualquier caso a los vendedores de servicios comerciales de la Parte UE.

7. De conformidad con el artículo 159, apartado 3, del presente Acuerdo, la lista que figura a continuación no incluye medidas relativas a las subvenciones otorgadas por las Partes.

8. Todos los demás requisitos de las leyes y regulaciones de Panamá acerca de la entrada, la presencia, el trabajo y el régimen de seguridad social continuarán aplicándose, incluidas las regulaciones relativas a la duración de la presencia, los salarios mínimos y los convenios colectivos sobre salarios, aunque no se incluyan en la lista que figura a continuación.

9. La lista que figura a continuación se entiende sin perjuicio de la existencia de monopolios públicos y derechos exclusivos según lo descrito en la lista de compromisos sobre establecimiento.

10. En esas actividades económicas en que se aplique el examen de las necesidades económicas, sus criterios principales serán la evaluación de la situación del mercado correspondiente o de la región en que vaya a prestarse el servicio, con respecto asimismo al número de proveedores de servicios existentes y la repercusión en los mismos.

11. Los derechos y obligaciones que emanan de la presente lista de compromisos no tendrán efectos jurídicos (*) y, por consiguiente, no confieren derechos directamente a las personas naturales o jurídicas individuales.

(*)(Mediante Tratado Internacional N° 9154 "Acuerdo que establece asociación entre Centroamérica y la Unión Europea y sus Estados miembros", del 3 de julio del 2013 los países miembros acordaron que donde dice la frase "... no tendrá efectos jurídicos... " debe decir "... no tendrán efectos por sí mismo...") Lista de Compromisos República de Panamá Parte CA Sobre Vendedores y Servicios Comerciales

SERVICIOS DE INFORMACIÓN PARTE UE:

| UNIÓN EUROPEA | Comisión Europea - DG TRADE Unidad de Servicios e Inversiones Rue de la Loi 170 1000 BRUXELLES Bélgica E-mail: [email protected] | | --- | --- | | AUSTRIA | Federal Ministry of Economy, Family and Youth Department for Multilateral Trade Policy - C2/11 Stubenring 1 A-1011 Vienna Austria Telephone: (43) 1 711 00 (ext. 6915/5946) Telefax: (43) 1 718 05 08 E-Mail: [email protected] | | BÉLGICA | Service public fédéral Economie, PME, Classes moyennes et Energie Direction générale du Potentiel économique (Federal Public Service Economy, SMEs, Self-employed and Energy Directorate - General Economic Potential) Rue du Progrès, 50 B-1210 Brussels Belgium Telephone: (32) 2 277 93 57 Telefax: (32) 2 277 53 03 E-mail: info- [email protected] | | BULGARIA | Foreign Economic Policy Directorate Ministry of Economy and Energy 12, Alexander Batenberg Str. 1000 Sofia Bulgaria Telephone: (359 2) 940 77 61 / (359 2) 940 77 93 Telefax: (359 2) 981 49 15 E-mail: [email protected] | | CHIPRE | Permanent Secretary Planning Bureau Apellis and Nirvana corner 1409 Nicosia Cyprus Telephone: (357 22) 406 801 / (357 22) 406 852 Telefax: (357 22) 666 810 E-mail: [email protected] [email protected] | | CHEQUIA | Ministry of Industry and Trade Department of Multilateral and EU Common Trade Policy Politických vězňů 20 Praha 1 Czech Republic Telephone: (420) 2 2485 2973 Telefax: (420) 2 2422 1560 E-mail: [email protected] | | DINAMARCA | Ministry of Foreign Affairs International Trade Policy and Business Asiatisk Plads 2 DK-1448 Copenhagen K Denmark Telephone: (45) 3392 0000 Telefax: (45) 3254 0533 E-mail: [email protected] | | ESTONIA | Ministry of Economic Affairs and Communications 11 Harju street 15072 Tallinn Estonia Telephone: (372) 639 7654 / (372) 625 6360 Telefax: (372) 631 3660 E-mail: [email protected] | | FINLANDIA | Ministry for Foreign Affairs Department for External Economic Relations Unit for the EU's Trade Policy and Economic Relations PO Box 428 00023 Government Finland Telephone: (358-9) 1605 5533 Telefax: (358-9) 1605 5576 | | FRANCIA | Ministère de l'Economie, des Finances et de l'Emploi Direction générale du Trésor et de la Politique économique (DGTPE) Service des Affaires multilatérales et du développement Sous Direction Politique commerciale et Investissement Bureau Services, Investissements et Propriété intellectuelle 139 rue de Bercy (télédoc 233) 75572 Paris Cédex 12 France Téléphone:(33) (1) 44 87 20 30 Fax: (33) (1) 53 18 96 55 Secrétariat général des affaires européennes 2, Boulevard Diderot 75572 Paris Cédex 12 Téléphone : (33) (1) 44 87 10 13 Fax : (33) (1) 44 87 12 61 | | ALEMANIA | Germany Trade and Invest (GTAI) Agrippastrasse 87-93 50676 Köln Germany Telephone: (49221) 2057 345 Telefax: (49221) 2057 262 E-mail: [email protected]; [email protected] | | GRECIA | Ministry of Economy Competitiveness and Shipping General Directorate for International Economic Policy Directorate for International Trade Policy 1 Kornarou Str. 10563 Athens Hellas Telephone: (30 210) 3286121, 3286126 Telefax: (30 210) 3286179 | | HUNGRÍA | Ministry for National Development and Economy Trade Policy Department Honvéd utca 13-15. H-1055 Budapest Hungary Tel: 361 336 7715 Fax: 361 336 7559 E-mail: [email protected] | | IRLANDA | Department of Enterprise, Trade & Employment International Trade Section (WTO) Earlsfort Centre Hatch St. Dublin 2 Ireland Telephone: (353 1) 6312533 Telefax: (353 1) 6312561 | | ITALIA | Ministero degli Affari Esteri Piazzale della Farnesina, 1 00194 Rome Italy General Directorate for the Multilateral Economic and Financial Cooperation WTO Coordination Office Telephone: (39) 06.3691.4353 / 2648 Telefax: (39) 06.3233458 E-mail: [email protected]; [email protected] General Directorate for the European Integration Office II - EU external relations Telephone: (39) 06 3691 2740 Telefax; (39) 06 3691 6703 E-mail: [email protected] Ministry for Economic Development Viale Boston, 25 00144 Rome Italy General Directorate for Trade Policy Division V Telephone: (39) 06 5993 2589 Telefax: (39) 06 5993 2149 E-mail: [email protected] | | LETONIA | Ministry of Economics of the Republic of Latvia Foreign Economic Relations Department Foreign Trade Policy Unit Brivibas Str. 55 RIGA, LV 1519 Latvia Telephone: (371) 67 013 008 Telefax: (371) 67 280 882 E-mail: [email protected] | | LITUANIA | Division of International Economic Organizations, Ministry of Foreign Affairs J. Tumo Vaizganto 2 2600 Vilnius Lithuania Telephone: (370 52) 362 594 (370 52) 362 598 Telefax: (370 52) 362 586 E-mail: [email protected] | | LUXEMBURGO | Ministère des Affaires Etrangères Direction des Relations Economiques Internationales 6, rue de l'Ancien Athénée L-1144 Luxembourg Luxembourg Telephone: (352) 478 2355 Telefax: (352)22 20 48 | | MALTA | Director International Economic Relations Directorate Economic Policy Division Ministry of Finance St. Calcedonius Square Floriana CMR02 Malta Telephone: (356) 21 249 359 Fax: (356) 21 249 355 Email: [email protected] [email protected] | | PAÍSES BAJOS | Ministry of Economic Affairs Directorate-General for Foreign Economic Relations Trade Policy & Globalisation (ALP: E/446) P.O. Box 20101 2500 EC Den Haag The Netherlands Telephone: (3170) 379 6451 (3170) 379 6467 Telefax: (3170) 379 7221 E-mail: [email protected] | | POLONIA | Ministry of Economy Department of Trade Policy Ul. Żurawia 4a 00-507 Warsaw Poland Telephone: (48 22) 693 4826 / (48 22) 693 4856 / (48 22) 693 4808 Telefax: (48 22) 693 4018 E-mail: [email protected] | | PORTUGAL | Ministry of Economy ICEP Portugal Market Intelligence Unit Av. 5 de Outubro, 101 1050-051 Lisbon Portugal Telephone: (351 21) 790 95 00 Telefax: (351 21) 790 95 81 E-mail: informaçã[email protected] Ministry of Foreign Affairs General Directorate for Community Affairs (DGAC) R da Cova da Moura 1 1350 -11 Lisbon Portugal Telephone: (351 21) 393 55 00 Telefax: (351 21) 395 45 40 | | RUMANÍA | Ministry for Economy, Trade, and Business Environment* Str. Ion Campineanu nr. 16 District 1 Bucharest Romania Telephone: 40214010558, 40214010562 Fax: 40213159698 E-mail: [email protected] [email protected] | | ESLOVAQUIA | Ministry of Economy of the Slovak Republic Trade and Consumer Protection Directorate Trade Policy Department Mierová 19 827 15 Bratislava 212 Slovak Republic Telephone: (421-2) 4854 7110 Telefax: (421-2) 4854 3116 | | ESLOVENIA | Ministry of the Economy of the Republic of Slovenia Directorate for Foreign Economic Relations Kotnikova 5 1000 Ljubljana Slovenia Telephone: (386 1) 400 35 21 Telefax: (386 1) 400 36 11 E-mail: [email protected] Internet: www.mg-rs.si | | ESPAÑA | Ministerio de Industria, Turismo y Comercio Secretaría de Estado de Comercio Exterior Subdirección General de Comercio Internacional de Servicios Paseo de la Castellana 162 28046 Madrid España Telephone: (34 91) 349 3781 Telefax: (34 91) 349 5226 E-mail: [email protected] | | SUECIA | National Board of Trade Department for WTO and Developments in Trade Box 6803 113 86 Stockholm Sweden Telephone: (46 8) 690 4800 Telefax: (46 8) 30 6759 E-mail: [email protected] Internet: http://www.kommers.se Ministry for Foreign Affairs Department: UD-IH 103 39 Stockholm Sweden Telephone: 46 (0) 8 405 10 00 Telefax: 46 (0) 8723 11 76 E-mail: [email protected] Internet: http://www.sweden.gov.se/ | | REINO UNIDO | Department for Business, Innovation and Skills (BIS) Trade Policy Unit 1 Victoria Street London SW1H 0ET United Kingdom Telephone: (4420) 7215 5000 Fax: (4420) 7215 2235 E-mail: [email protected] Internet:www.bis.gov.uk/policies/trade-policy-unit/trade-in- services | REPÚBLICAS DE LA PARTE CA:

| COSTA RICA | Ministerio de Comercio Exterior Dirección General de Comercio Exterior Avenida 1era y 3era , Calle 40, Paseo Colón San José, Costa Rica Telephone: (506)2299-4925/2299-4926 Telefax: (506)2255-3281 E-mail: [email protected] | | --- | --- | | EL SALVADOR | Ministerio de Economía Dirección de Administración de Tratados Comerciales (DATCO) (en coordinación con las instituciones respectivas) Alameda Juan Pablo II y Calle Guadalupe, Edificio C-2, 3ª Planta. Plan Maestro, Centro de Gobierno, San Salvador, El Salvador, C.A. Telephone: (503)2247- 5788 Telefax: (503)2247- 5789 E-Mail: [email protected] | | GUATEMALA | Ministerio de Economía Dirección de Administración del Comercio Exterior 8ª. Avenida 10-43 Zona 1, Ciudad Guatemala, Guatemala Teléfono: (502)2412-0200 Telefax: (502)2412-0327 E-mail: http://dace.mineco.gob.gt/infocomex/infocomex.php | | HONDURAS | Secretaria de Estado en los Despachos de Industria y Comercio, Dirección General de Integración Económica y Política Comercial Edificio San José, Boulevard, José Cecilio del Valle, Tegucigalpa, Honduras Telephone: (504)2235- 5047 Telefax: (504)2235-5047 Internet: www.sic.gob.hn | | NICARAGUA | Ministerio de Fomento, Industria y Comercio (MIFIC) Dirección de Aplicación y Negociación de Acuerdos Comerciales Km 6 Carretera a Masaya, Apartado Postal No 8 Managua, Nicaragua Telephone: (505): 2267- 0161 Internet: www.mific.gob.ni | | PANAMÁ | Ministerio de Comercio e Industrias Dirección Nacional de Administración de Tratados Comerciales Internacionales y de Defensa Comercial Oficina de Negociaciones Comerciales Internacionales Avenida Ricardo J. Alfaro, Edificio Plaza Edison Piso No. 2 Telephone: (507) 560-0610 Telefax: (507) 560-0618 E-mail: [email protected] [email protected] Internet: www.mici.gob.pa |

(Nota de Sinalevi: Mediante el aparte 26) sub aparte a) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se indica que a la entrada en vigor del presente Acuerdo, el Reino Unido proporcionará a las Repúblicas de la Parte CA detalles de los medios para la publicación de avisos del Reino Unido a los que se hace referencia en los apéndices 2 y 3 del presente Anexo.)

CONTRATACIÓN PÚBLICA APÉNDICE 1(*) COBERTURA

(*) (Nota de Sinalevi: Mediante el aparte 26) sub aparte b) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se establece que en el apéndice 1, las entidades correspondientes a países específicos que no forman parte del presente Acuerdo o a la Unión Europea no se incorporan al presente Acuerdo anteriormente refrido.)

ENTIDADES DE GOBIERNO CENTRAL QUE CONTRATAN DE CONFORMIDAD CON LAS DISPOSICIONES DEL TÍTULO V DE LA PARTE IV DEL PRESENTE ACUERDO A. LISTA DE COSTA RICA El título se aplica a las entidades del nivel central de gobierno que contratan de conformidad con las disposiciones del presente Acuerdo, cuando el valor de la contratación sea igual o mayor a:

Mercancías Umbral: 130 000 DEG Servicios Especificados en la sección D Umbral: 130 000 DEG Servicios de construcción Especificados en la sección E Umbral: 5 000 000 DEG Lista de entidades 1. Contraloría General de la República 2. Defensoría de los Habitantes de la República 3. Presidencia de la República 4. Ministerio de la Presidencia 5. Ministerio de Gobernación, Policía y Seguridad Pública (nota 1) 6. Ministerio de Relaciones Exteriores y Culto 7. Ministerio de Hacienda (nota 2) 8. Ministerio de Agricultura y Ganadería 9. Ministerio de Economía Industria y Comercio 10. Ministerio de Educación Pública (nota 3) 11. Ministerio de Trabajo y Seguridad Social 12. Ministerio de Cultura y Juventud 13. Ministerio de Vivienda y Asentamientos Humanos 14. Ministerio de Comercio Exterior 15. Ministerio de Planificación Nacional y Política Económica 16. Ministerio de Ciencia y Tecnología 17. Ministerio de Ambiente, Energía y Telecomunicaciones 18. Ministerio de Obras Públicas y Transportes 19. Ministerio de Salud 20. Instituto Nacional de las Mujeres 21. Instituto Costarricense de Turismo Notas a la sección A 1. Ministerio de Gobernación, Policía y Seguridad Pública: el título no se aplica a las contrataciones de mercancías clasificadas dentro de la sección 2 (productos alimenticios, bebidas y tabaco; textiles, vestido y productos de cuero) de la Clasificación Central de Productos de las Naciones Unidas 1.0 (CCP ver. 1.0), para la Fuerza Pública.

2. Ministerio de Hacienda: el título no se aplica a la emisión de especies fiscales.

3. Ministerio de Educación Pública: el título no se aplica a la contratación realizada para los programas de servicios de comedores escolares.

B. LISTA DE EL SALVADOR El título se aplica a las entidades del nivel central de gobierno que contratan de conformidad con las disposiciones del presente Acuerdo, cuando el valor de la contratación sea igual o mayor a:

Mercancías Umbrales: 130 000 DEG; o, para el período de tres años siguiente a la entrada en vigor del presente Acuerdo, 260 000 DEG.

Servicios Especificados en la sección D Umbrales: 130 000 DEG; o, para el período de tres años siguiente a la entrada en vigor del presente Acuerdo, 260 000 DEG.

Servicios de construcción Especificados en la sección E Umbrales: 5 000 000 DEG; o, para el período de tres años siguiente a la entrada en vigor del presente Acuerdo, 5 950 000 DEG.

Lista de entidades 1. Ministerio de Hacienda 2. Ministerio de Relaciones Exteriores 3. Ministerio de Educación (nota 1) 4. Ministerio de Trabajo y Previsión Social 5. Ministerio de Economía 6. Ministerio del Medio Ambiente y Recursos Naturales 7. Ministerio de Obras Públicas 8. Ministerio de Agricultura y Ganadería 9. Ministerio de Defensa (nota 1) 10. Ministerio de Gobernación 11. Ministerio de Salud Pública y Asistencia Social Notas a la sección A 1. Ministerio de Educación y Ministerio de Defensa: el título no se aplica a las contrataciones de mercancías clasificadas dentro de la sección 2 (productos alimenticios, bebidas y tabaco; textiles, vestido y productos de cuero) de la Clasificación Central de Productos de las Naciones Unidas 1.1 (CCP ver. 1.1).

2. Salvo que se especifique lo contrario, el título cubre todas las entidades subordinadas a las entidades enumeradas, siempre y cuando no tengan personalidad jurídica propia.

C. LISTA DE GUATEMALA El título se aplica a las entidades del nivel central de gobierno que contratan de conformidad con las disposiciones del presente Acuerdo cuando el valor de la contratación sea igual o mayor a:

Mercancías Umbrales: 130 000 DEG; o, para el período de tres años siguientes a la entrada en vigor, 260 000 DEG.

Servicios Especificados en la sección D Umbrales: 130 000 DEG; o, para el período de tres años siguientes a la entrada en vigor, 260 000 DEG.

Servicios de construcción:

Especificados en la sección E Umbrales: 5 000 000 DEG; o, para el período de tres años siguientes a la entrada en vigor, 6 000 000 DEG.

Lista de entidades 1. Ministerio de Agricultura, Ganadería y Alimentación (nota 1) 2. Ministerio de la Defensa Nacional (nota 2) 3. Ministerio de Economía 4. Ministerio de Educación (nota 3) 5. Ministerio de Cultura y Deportes 6. Ministerio de Trabajo y Previsión Social (nota 4) 7. Ministerio de Finanzas Públicas 8. Ministerio de Salud Pública y Asistencia Social (nota 4) 9. Ministerio de Relaciones Exteriores 10. Ministerio de Gobernación (nota 5) 11. Ministerio de Comunicaciones, Infraestructura y Vivienda 12. Ministerio de Energía y Minas 13. Ministerio de Ambiente y Recursos Naturales 14. Secretaría General de la Presidencia 15. Secretaría de Coordinación Ejecutiva de la Presidencia 16. Secretaría de Planificación y Programación de la Presidencia 17. Secretaría de Análisis Estratégico de la Presidencia 18. Secretaría de la Paz de la Presidencia de la República 19. Secretaría de Asuntos Administrativos y de Seguridad de la Presidencia de la República 20. Secretaría de Asuntos Agrarios de la Presidencia 21. Secretaría Presidencial de la Mujer 22. Secretaría de Bienestar Social de la Presidencia de la República 23. Secretaría de Comunicación Social de la Presidencia 24. Secretaría Ejecutiva de la Comisión contra el Consumo, Adicción y Tráfico Ilícito de Drogas 25. Secretaría de Obras Sociales de la Esposa del Presidente de la República 26. Comisión Presidencial Coordinadora de la Política del Ejecutivo en materia de Derechos Humanos 27. Comisión Presidencial para la reforma del Estado, la Descentralización y la Participación Ciudadana 28. Consejo Nacional de Ciencia y Tecnología 29. Coordinadora Nacional para la Reducción de Desastres 30. Junta Nacional del Servicio Civil 31. Oficina Nacional del Servicio Civil 32. Fondo de Desarrollo Indígena Guatemalteco 33. Fondo Nacional de Ciencia y Tecnología 34. Fondo Nacional para la Paz 35. Consejo Nacional de la Juventud Notas a la sección A 1. Ministerio de Agricultura, Ganadería y Alimentación: el título no se aplica a la contratación de mercancías agrícolas realizadas en cumplimiento de programas de apoyo a la agricultura, o contratación realizada en cumplimiento de programas de comedores escolares.

2. Ministerio de Defensa Nacional: el título no se aplica a la contratación de las siguientes mercancías y servicios: Armamento, municiones, equipo, materiales de construcción, aeronaves, barcos y demás vehículos, combustibles, lubricantes, víveres y la contratación de servicios o suministros para o por el Ejército de Guatemala y sus instituciones.

3. Ministerio de Educación: el título no se aplica a la contratación realizada para los programas de servicios de comedores escolares.

4. Ministerio de Trabajo y Previsión Social y Ministerio de Salud Pública y Asistencia Social: el título no se aplica a las contrataciones de mercancías clasificadas dentro de la sección 2 (productos alimenticios, bebidas y tabaco; textiles, vestido y productos de cuero) de la CCP ver. 1.0.

5. Ministerio de Gobernación: el título no se aplica a las contrataciones de mercancías clasificadas dentro de la sección 2 (productos alimenticios, bebidas y tabaco; textiles; prendas de vestir y productos de cuero) de la CCP ver. 1.0, para la Policía Nacional Civil y el Sistema Penitenciario.

6. Salvo que se especifique lo contrario, el título cubre todas las entidades subordinadas a las entidades enumeradas, siempre y cuando no tengan personalidad jurídica propia.

D. LISTA DE HONDURAS El título se aplica a las entidades del nivel central de gobierno que contratan de conformidad con las disposiciones del presente Acuerdo, cuando el valor de la contratación sea igual o mayor a:

Mercancías Umbrales: 260 000 DEG para el segundo y tercer períodos anuales siguientes a la entrada en vigor del presente Acuerdo, y después 130 000 DEG.

Servicios Especificados en la sección D Umbrales: 260 000 DEG para el segundo y tercer períodos anuales siguientes a la entrada en vigor del presente Acuerdo, y después 130 000 DEG.

Servicios de construcción Especificados en la sección E Umbrales: 6 000 000 DEG para el segundo y tercer períodos anuales siguientes a la entrada en vigor del presente Acuerdo, y después 5 000 000 DEG.

Lista de entidades 1. Secretaría de Estado en los Despachos del Interior y Población 2. Secretaría de Estado en el Despacho de Educación (nota 1) 3. Secretaría de Estado en el Despacho de Salud 4. Secretaría de Estado en el Despacho de Seguridad (nota 2) 5. Secretaría de Estado en el Despacho Presidencial (nota 1) 6. Secretaría de Estado en el Despacho de Relaciones Exteriores 7. Secretaría de Estado en el Despacho de Defensa Nacional (nota 3) 8. Secretaría de Estado en el Despacho de Finanzas 9. Secretaría de Estado en los Despachos de Industria y Comercio 10. Secretaría de Estado en los Despachos de Obras Públicas, Transporte y Vivienda 11. Secretaría de Estado en los Despachos de Trabajo y Seguridad Social 12. Secretaría de Estado en los Despachos de Agricultura y Ganadería 13. Secretaría de Estado en los Despachos de Recursos Naturales y Ambiente 14. Secretaría de Estado en los Despachos de Cultura, Artes y Deportes 15. Secretaría de Estado en el Despacho de Turismo 16. Secretaría Técnica de Planificación y Cooperación Externa.

Notas a la sección A 1. Secretaría de Estado en el Despacho de Educación y Secretaría de Estado en el Despacho Presidencial: el título no se aplica a las contrataciones de servicios de comedores escolares realizadas.

2. Secretaría de Estado en el Despacho de Seguridad: el título no se aplica a la adquisición de uniformes, zapatos, alimentos y tabaco para la Policía Nacional.

3. Secretaría de Estado en el Despacho de Defensa Nacional: el título no se aplica a las contrataciones de mercancías clasificadas dentro de la sección 2 (productos alimenticios, bebidas y tabaco; textiles; prendas de vestir y productos de cuero) de la Clasificación Central de Productos 1.0 (CCP versión 1.0) de las Naciones Unidas, para las Fuerzas Armadas de Honduras. Este Capítulo no se aplica a las contrataciones de las siguientes mercancías, o a las contrataciones de uniformes para las Fuerzas Armadas de Honduras:

1. Municiones 2. Aeroplanos de guerra 3. Fusiles militares 4. Pistolas y revólveres de toda clase, de calibre 41 o mayor 5. Pistolas reglamentarias del ejército de Honduras 6. Silenciadores para toda clase de armas de fuego 7. Armas de fuego 8. Accesorios y municiones 9. Cartuchos para armas de fuego 10. Aparatos y demás accesorios indispensables para la carga de cartucho 11. Pólvora, explosivos, fulminantes y mechas 12. Máscaras protectoras contra gases asfixiantes 13. Escopetas de aire 4. Salvo que se especifique lo contrario, el título cubre todas las entidades subordinadas a las entidades enumeradas, siempre y cuando no tengan personalidad jurídica propia.

E. LISTA DE NICARAGUA El título se aplica a las entidades del nivel central de gobierno que contratan de conformidad con las disposiciones del presente Acuerdo, cuando el valor de la contratación sea igual o mayor a:

Mercancías Umbrales: 130 000 DEG; o, para el período de tres años siguiente a la entrada en vigor del presente Acuerdo, 260 000 DEG.

Servicios Especificados en la sección D Umbrales: 130 000 DEG; o, para el período de tres años siguiente a la entrada en vigor del presente Acuerdo, 260 000 DEG.

Servicios de construcción Especificados en la sección E Umbrales: 5 000 000 DEG; o, para el período de tres años siguiente a la entrada en vigor del presente Acuerdo, 6 000 000 DEG.

Lista de entidades 1. Ministerio de Gobernación (nota 1) 2. Ministerio de la Familia 3. Ministerio de Relaciones Exteriores 4. Ministerio de Fomento, Industria y Comercio 5. Ministerio del Trabajo 6. Ministerio del Ambiente y de los Recursos Naturales 7. Procuraduría General de la República 8. Ministerio de Defensa (nota 2) 9. Ministerio de Hacienda y Crédito Público 10. Ministerio Público 11. Ministerio de Transporte e Infraestructura (nota 3) 12. Ministerio de Educación (nota 4) 13. Ministerio Agropecuario y Forestal (nota 5) Notas a la Sección A 1. Ministerio de Gobernación: el título no se aplica a las contrataciones hechas por o para la Policía Nacional. El título no se aplica a contrataciones relacionadas con la producción o emisión de pasaportes (incluyendo sus elementos de seguridad tales como papel de seguridad o plástico de seguridad).

2. Ministerio de Defensa: el título no se aplica a las contrataciones del Ministerio de Defensa por un período de transición de cinco años a partir de la entrada en vigor del presente Acuerdo. El título no se aplica a contrataciones realizadas por o para el Ejército de Nicaragua.

3. Ministerio de Transporte e Infraestructura: el título no se aplica a contrataciones realizadas por el Ministerio de Transporte e Infraestructura por un período de transición de cinco años después de la entrada en vigor del presente Acuerdo.

4. Ministerio de Educación: el título no se aplica a programas que benefician al sector de educación tales como programas de alimentación escolar, bibliografía básica, herramientas para investigación básica y desarrollo.

5. Ministerio de Agropecuario y Forestal: el título no se aplica a programas de apoyo a la agricultura.

F. LISTA DE PANAMÁ El título se aplica a las entidades del nivel central de gobierno que contratan de conformidad con las disposiciones del presente Acuerdo, cuando el valor de la contratación sea igual o mayor a:

Mercancías Umbral: 130 000 DEG Servicios Especificados en la sección D Umbral: 130 000 DEG Servicios de construcción Especificados en la sección E Umbral: 5 000 000 DEG Lista de entidades 1. Asamblea Nacional 2. Contraloría General de la República 3. Ministerio de Comercio e Industrias 4. Ministerio de Desarrollo Agropecuario (nota 1) 5. Ministerio de Economía y Finanzas 6. Ministerio de Educación (nota 2) 7. Ministerio de Gobierno y Justicia (nota 3) 8. Ministerio de Desarrollo Social 9. Ministerio de Obras Públicas 10. Ministerio de la Presidencia (nota 4) 11. Ministerio de Relaciones Exteriores 12. Ministerio de Salud (nota 5) 13. Ministerio de Trabajo y Desarrollo Laboral 14. Ministerio de Vivienda y Ordenamiento Territorial 15. Ministerio Público (nota 6) 16. Órgano Judicial Notas a la sección A 1. Ministerio de Desarrollo Agropecuario: el título no se aplica a la contratación de productos agrícolas relacionados con el desarrollo y apoyo a la agricultura y ayuda alimentaria.

2. Ministerio de Educación: el título no se aplica a la contratación de mercancías clasificadas bajo las Divisiones de la Clasificación Central de Productos de las Naciones Unidas (CCP) Ver. 1.0 enumeradas a continuación:

21 - Carne, pescado, frutas, vegetales, aceites y grasas 22 - Productos lácteos 23 - Productos de molinería y almidones y sus productos; otros productos alimenticios 24 - Bebidas 26 - Hilados e hilos; tejidos de fibras textiles, incluso afelpados 27 - Artículos textiles (excepto prendas de vestir) 28 - Tejidos de punto o ganchillo; prendas de vestir 29 - Cuero y productos de cuero; calzado.

3. Ministerio de Gobierno y Justicia: el título no se aplica a la contratación de mercancías y servicios enumerados a continuación por o en nombre de la Policía Nacional; el Servicio Nacional Aeronaval, la Dirección Institucional en Asuntos de Seguridad Pública; y la Dirección General del Sistema Penitenciario:

  • a)clasificados bajo las Divisiones de la CCP Ver. 1.0:

21- Carne, pescado, frutas, vegetales, aceites y grasas 22- Productos lácteos 23- Productos de molinería, almidones y sus productos; otros productos alimenticios 24- Bebidas 26- Hilados e hilos; tejidos de fibras textiles, incluso afelpados 27- Artículos textiles (excepto prendas de vestir) 28- Tejidos de punto o ganchillo; prendas de vestir 29- Cuero y productos de cuero; calzado 431- Motores, turbinas y sus partes 447- Armas y municiones y sus partes 491- Vehículos de motor y sus partes y accesorios 496- Naves aéreas y espaciales y sus partes b) la contratación de servicios de comidas (comidas calientes).

4. Ministerio de la Presidencia: el título no se aplica a la contratación de mercancías y servicios enumerados a continuación por el Servicio de Protección Institucional, o en su nombre:

  • a)clasificados bajo las Divisiones de la CCP Ver. 1.0:

21- Carne, pescado, frutas, vegetales, aceites y grasas 22- Productos lácteos 23- Productos de molinería, almidones y sus productos; otros productos alimenticios 24- Bebidas 26- Hilados e hilos; tejidos de fibras textiles, incluso afelpados 27- Artículos textiles (excepto prendas de vestir) 28- Tejidos de punto o ganchillo; prendas de vestir 29- Cuero y productos de cuero; calzado 431- Motores, turbinas y sus partes 447- Armas y municiones y sus partes ; 491- Vehículos de motor y sus partes y accesorios 496- Naves aéreas y espaciales y sus partes .

  • b)la contratación de servicios de comidas (comidas calientes); y El título no se aplica a la contratación de mercancías y servicios por la Secretaría del Consejo de Seguridad Pública y Defensa Nacional y el Fondo de Inversión Social, o en su nombre.

5. Ministerio de Salud: el título no abarca lo siguiente:

  • a)contratación realizada en cumplimiento de los programas de protección de la salud pública, como el tratamiento de VIH/sida, cáncer, tuberculosis, malaria, meningitis, tripanosomiasis americana, leishmaniosis u otras epidemias; b) contratación de vacunas para la prevención de tuberculosis, polio, difteria, tos ferina, tétanos, sarampión, paperas, rubéola, meningitis meningocócica, neumococosis, rabia humana, varicela, gripe, hepatitis A, infección por Haemophilus influenzae, hepatitis B, infección por Haemophilus influenzae de tipo B y fiebre amarilla, que se adquieren mediante acuerdos con organizaciones internacionales sin fines de lucro como la OMS y UNICEF; o c) contratación de productos farmacéuticos bajo licencias obligatorias de conformidad con la Decisión de 30 de agosto de 2003 del Consejo General de la OMC sobre la aplicación del apartado 6 de la Declaración de Doha relativa al Acuerdo sobre los APDIC y la salud pública y con la Decisión de 6 de diciembre de 2005 sobre una modificación del Acuerdo sobre los ADPIC.

6. Ministerio Público: el título no se aplica a la contratación de los siguientes servicios y mercancías por el Servicio de Criminalística y Ciencias Forenses (SEC), o en su nombre:

  • a)clasificados bajo las Divisiones de la CCP Ver. 1.0:

21- Carne, pescado, frutas, vegetales, aceites y grasas 22- Productos lácteos 23- Productos de molinería, almidones y sus productos; otros productos alimenticios 24- Bebidas 447- Armas y municiones y sus partes 491- Vehículos de motor y sus partes y accesorios; y b) la contratación de servicios de comidas (comidas calientes).

G. LISTA DE LA PARTE UE Mercancías Umbral: 130 000 DEG Servicios Especificados en la sección D Umbral: 130 000 DEG Servicios de construcción Especificados en la sección E Umbral: 5.000.000 DEG Entidades contratantes:

  • A)Todas las entidades de gobiernos centrales B) Entidades de la Unión Europea:

El Consejo de la Unión Europea La Comisión Europea Notas a la sección A 1. "Entidades contratantes de los Estados miembros de la Unión Europea" cubre también cualquier entidad subordinada de la autoridad contratante del Reino Unido(*) de la Unión Europea siempre que no tenga personalidad jurídica propia.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "del Estado miembro") 2. En lo referente a la contratación por entidades en el área de defensa y seguridad, solo material no sensible y no de guerra contenido en la lista adjunta a la sección A se encuentra cubierto.

LISTAS INDICATIVAS DE AUTORIDADES CONTRATANTES QUE SON AUTORIDADES DE GOBIERNO CENTRAL SEGÚN LO DEFINIDO POR LA DIRECTIVA DE CONTRATACIÓN PÚBLICA DE LA UE Bélgica 1. Services publics fédéraux (Ministries): 1.Federale Overheidsdiensten (Ministries):

SPF Chancellerie du Premier Ministre; FOD Kanselarij van de Eerste Minister; SPF Personnel et Organisation; FOD Kanselarij Personeel en Organisatie; SPF Budget et Contrôle de la Gestion; FOD Budget en Beheerscontrole; SPF Technologie de l'Information et de la Communication (Fedict); FOD Informatie- en Communicatietechnologie (Fedict); SPF Affaires étrangères, Commerce extérieur et Coopération au Développement; FOD Buitenlandse Zaken, Buitenlandse Handel en Ontwikkelingssamenwerking; SPF Intérieur; FOD Binnenlandse Zaken; SPF Finances; FOD Financiën; SPF Mobilité et Transports; FOD Mobiliteit en Vervoer; SPF Emploi, Travail et Concertation sociale; FOD Werkgelegenheid, Arbeid en sociaal overleg SPF Sécurité Sociale et Institutions publiques de Sécurité Sociale; FOD Sociale Zekerheid en Openbare Instellingen van sociale Zekerheid SPF Santé publique, Sécurité de la Chaîne alimentaire et Environnement; FOD Volksgezondheid, Veiligheid van de Voedselketen en Leefmilieu; SPF Justice; FOD Justitie; SPF Economie, PME, Classes moyennes et Energie; FOD Economie, KMO, Middenstand en Energie; Ministère de la Défense; Ministerie van Landsverdediging; Service public de programmation Intégration sociale, Lutte contre la pauvreté et Èconomie sociale; Programmatorische Overheidsdienst Maatschappelijke Integratie, Armoedsbestrijding en sociale Economie; Service public fédéral de Programmation Développement durable; Programmatorische federale Overheidsdienst Duurzame Ontwikkeling; Service public fédéral de Programmation Politique scientifique.

Programmatorische federale Overheidsdienst Wetenschapsbeleid.

2. Régie des Bâtiments; 2. Regie der Gebouwen; Office national de Sécurité sociale; Rijksdienst voor sociale Zekerheid; Institut national d'Assurance sociales pour travailleurs indépendants Rijksinstituut voor de sociale Verzekeringen der Zelfstandigen; Institut national d'Assurance Maladie- Invalidité; Rijksinstituut voor Ziekte- en Invaliditeitsverzekering; Office national des Pensions; Rijksdienst voor Pensioenen; Caisse auxiliaire d'Assurance Maladie- Invalidité; Hulpkas voor Ziekte-en Invaliditeitsverzekering; Fond des Maladies professionnelles; Fonds voor Beroepsziekten; Office national de l'Emploi; Rijksdienst voor Arbeidsvoorziening Bulgaria - Администрация на Народното събрание - Aдминистрация на Президента - Администрация на Министерския съвет - Конституционен съд - Българска народна банка - Министерство на външните работи - Министерство на вътрешните работи - Министерство на държавната администрация и административната реформа - Министерство на извънредните ситуации - Министерство на земеделието и храните - Министерство на здравеопазването - Министерство на икономиката и енергетиката - Министерство на културата - Министерство на образованието и науката - Министерство на околната среда и водите - Министерство на отбраната - Министерство на правосъдието - Министерство на регионалното развитие и благоустройството - Министерство на транспорта - Министерство на труда и социалната политика - Министерство на финансите Agencias estatales, comisiones estatales, agencias ejecutivas y otras autoridades estatales establecidas por ley o por decreto del Consejo de Ministros que tengan función relacionada con el ejercicio del poder ejecutivo:

- Агенция за ядрено регулиране - Висшата атестационна комисия - Държавна комисия за енергийно и водно регулиране - Държавна комисия по сигурността на информацията - Комисия за защита на конкуренцията - Комисия за защита на личните данни - Комисия за защита от дискриминация - Комисия за регулиране на съобщенията - Комисия за финансов надзор - Патентно ведомство на Република България - Сметна палата на Република България - Агенция за приватизация - Агенция за следприватизационен контрол - Български институт по метрология - Държавна агенция "Архиви" - Държавна агенция "Държавен резерв и военновременни запаси" - Държавна агенция "Национална сигурност" - Държавна агенция за бежанците - Държавна агенция за българите в чужбина - Държавна агенция за закрила на детето - Държавна агенция за информационни технологии и съобщения - Държавна агенция за метрологичен и технически надзор - Държавна агенция за младежта и спорта - Държавна агенция по горите - Държавна агенция по туризма - Държавна комисия по стоковите борси и тържища - Институт по публична администрация и европейска интеграция - Национален статистически институт - Национална агенция за оценяване и акредитация - Националната агенция за професионално образование и обучение - Национална комисия за борба с трафика на хора - Агенция "Митници" - Агенция за държавна и финансова инспекция - Агенция за държавни вземания - Агенция за социално подпомагане - Агенция за хората с увреждания - Агенция по вписванията - Агенция по геодезия, картография и кадастър - Агенция по енергийна ефективност - Агенция по заетостта - Агенция по обществени поръчки - Българска агенция за инвестиции - Главна дирекция "Гражданска въздухоплавателна администрация" - Дирекция "Материално-техническо осигуряване и социално обслужване" на Министерство на вътрешните работи Дирекция "Оперативно издирване" на Министерство на вътрешните работи - Дирекция "Финансово-ресурсно осигуряване" на Министерство на вътрешните работи - Дирекция за национален строителен контрол - Държавна комисия по хазарта - Изпълнителна агенция "Автомобилна администрация" - Изпълнителна агенция "Борба с градушките" - Изпълнителна агенция "Българска служба за акредитация" - Изпълнителна агенция "Военни клубове и информация" - Изпълнителна агенция "Главна инспекция по труда" - Изпълнителна агенция "Държавна собственост на Министерството на отбраната" - Изпълнителна агенция "Железопътна администрация" - Изпълнителна агенция "Изпитвания и контролни измервания на въоръжение, техника и имущества" - Изпълнителна агенция "Морска администрация" - Изпълнителна агенция "Национален филмов център" - Изпълнителна агенция "Пристанищна администрация" - Изпълнителна агенция "Проучване и поддържане на река Дунав" - Изпълнителна агенция "Социални дейности на Министерството на отбраната" - Изпълнителна агенция за икономически анализи и прогнози - Изпълнителна агенция за насърчаване на малките и средни предприятия - Изпълнителна агенция по лекарствата - Изпълнителна агенция по лозата и виното - Изпълнителна агенция по околна среда - Изпълнителна агенция по почвените ресурси - Изпълнителна агенция по рибарство и аквакултури - Изпълнителна агенция по селекция и репродукция в животновъдството - Изпълнителна агенция по сортоизпитване, апробация и семеконтрол - Изпълнителна агенция по трансплантация - Изпълнителна агенция по хидромелиорации - Комисията за защита на потребителите - Контролно-техническата инспекция - Национален център за информация и документация - Национален център по радиобиология и радиационна защита - Национална агенция за приходите - Национална ветеринарномедицинска служба - Национална служба "Полиция" - Национална служба "Пожарна безопасност и защита на населението" - Национална служба за растителна защита - Национална служба за съвети в земеделието - Национална служба по зърното и фуражите - Служба "Военна информация" - Служба "Военна полиция" - Фонд "Републиканска пътна инфраструктура" - Авиоотряд 28 República Checa - Ministerstvo dopravy - Ministerstvo financí - Ministerstvo kultury - Ministerstvo obrany - Ministerstvo pro místní rozvoj - Ministerstvo práce a sociálních věcí - Ministerstvo průmyslu a obchodu - Ministerstvo spravedlnosti - Ministerstvo ńkolství, mládeņe a tělovýchovy - Ministerstvo vnitra - Ministerstvo zahraničních věcí - Ministerstvo zdravotnictví - Ministerstvo zemědělství - Ministerstvo ņivotního prostředí - Poslanecká sněmovna PČR - Senát PČR - Kancelář prezidenta - Český statistický úřad - Český úřad zeměměřičský a katastrální - Úřad průmyslového vlastnictví - Úřad pro ochranu osobních údajů - Bezpečnostní informační sluņba - Národní bezpečnostní úřad - Česká akademie věd - Vězeňská sluņba - Český báňský úřad - Úřad pro ochranu hospodářské soutěņe - Správa státních hmotných rezerv - Státní úřad pro jadernou bezpečnost - Česká národní banka - Energetický regulační úřad - Úřad vlády České republiky - Ústavní soud - Nejvyńńí soud - Nejvyńńí správní soud - Nejvyńńí státní zastupitelství - Nejvyńńí kontrolní úřad - Kancelář Veřejného ochránce práv - Grantová agentura České republiky - Státní úřad inspekce práce - Český telekomunikační úřad Dinamarca - Folketinget Rigsrevisionen - Statsministeriet - Udenrigsministeriet - Beskæftigelsesministeriet 5 styrelser og institutioner (5 agencias e instituciones) - Domstolsstyrelsen - Finansministeriet 5 styrelser og institutioner (5 agencias e instituciones) - Forsvarsministeriet 5 styrelser og institutioner (5 agencias e instituciones) - Ministeriet for Sundhed og Forebyggelse Adskillige styrelser og institutioner, herunder Statens Serum Institut (Varias agencias e instituciones, incluyendo el Statens Serum Institut) - Justitsministeriet Rigspolitichefen, anklagemyndigheden samt 1 direktorat og et antal styrelser (Comisionado de Policía, el fiscal, 1 dirección y un número de agencias) - Kirkeministeriet 10 stiftsøvrigheder (10 autoridades diocesanas) - Kulturministeriet - Ministerio de Cultura 4 styrelser samt et antal statsinstitutioner (4 departmentos y un número de instituciones) - Miljøministeriet 5 styrelser (5 agencias) - Ministeriet for Flygtninge, Invandrere og Integration 1 styrelse (1 agencia) - Ministeriet for Fødevarer, Landbrug og Fiskeri 4 direktoraterog institutioner (4 direcciones e instituciones) - Ministeriet for Videnskab, Teknologi og Udvikling Adskillige styrelser og institutioner, Forskningscenter Risø og Statens uddannelsesbygninger (Varias agencias e instituciones, incluyendo el Laboratorio Nacional Risoe y los Edificios Daneses Nacionales de Educación e Investigación) - Skatteministeriet 1 styrelse og institutioner (1 agencia y varias instituciones) - Velfærdsministeriet 3 styrelser og institutioner (3 agencias y varias instituciones) - Transportministeriet 7 styrelser og institutioner, herunder Øresundsbrokonsortiet (7 agencias e instituciones, incluyendo Øresundsbrokonsortiet) - Undervisningsministeriet 3 styrelser, 4 undervisningsinstitutioner og 5 andre institutioner (3 agencias, 4 establecimientos educativos y otras 5 instituciones) - Økonomi- og Erhvervsministeriet Adskilligestyrelser og institutioner (Varias agencias e instituciones) - Klima- og Energiministeriet 3 styrelse og institutioner (3 agencias e instituciones) Alemania - Auswärtiges Amt - Bundeskanzleramt - Bundesministerium für Arbeit und Soziales - Bundesministerium für Bildung und Forschung - Bundesministerium für Ernährung, Landwirtschaft und Verbraucherschutz - Bundesministerium der Finanzen - Bundesministerium des Innern (sólo mercancías civiles) - Bundesministerium für Gesundheit - Bundesministerium für Familie, Senioren, Frauen und Jugend - Bundesministerium der Justiz - Bundesministerium für Verkehr, Bau und Stadtentwicklung - Bundesministerium für Wirtschaft und Technologie - Bundesministerium für wirtschaftliche Zusammenarbeit und Entwicklung - Bundesministerium der Verteidigung (no mercancías militares) - Bundesministerium für Umwelt, Naturschutz und Reaktorsicherheit Estonia - Vabariigi Presidendi Kantselei - Eesti Vabariigi Riigikogu - Eesti Vabariigi Riigikohus - Riigikontroll - Õiguskantsler - Riigikantselei - Rahvusarhiiv - Haridus- ja Teadusministeerium - Justiitsministeerium - Kaitseministeerium - Keskkonnaministeerium - Kultuuriministeerium - Majandus- ja Kommunikatsiooniministeerium - Põllumajandusministeerium - Rahandusministeerium - Siseministeerium - Sotsiaalministeerium - Välisministeerium - Keeleinspektsioon - Riigiprokuratuur - Teabeamet - Maa-amet - Keskkonnainspektsioon - Metsakaitse- ja Metsauuenduskeskus - Muinsuskaitseamet - Patendiamet - Tarbijakaitseamet - Riigihangete Amet - Taimetoodangu Inspektsioon - Põllumajanduse Registrite ja Informatsiooni Amet - Veterinaar- ja Toiduamet - Konkurentsiamet - Maksu -ja Tolliamet - Statistikaamet - Kaitsepolitseiamet - Kodakondsus- ja Migratsiooniamet - Piirivalveamet - Politseiamet - Eesti Kohtuekspertiisi Instituut - Keskkriminaalpolitsei - Päästeamet - Andmekaitse Inspektsioon - Ravimiamet - Sotsiaalkindlustusamet - Tööturuamet - Tervishoiuamet - Tervisekaitseinspektsioon - Tööinspektsioon - Lennuamet - Maanteeamet - Veeteede Amet - Julgestuspolitsei - Kaitseressursside Amet - Kaitseväe Logistikakeskus - Tehnilise Järelevalve Amet - President's Establishment - Houses of the Oireachtas (Parlamento) - Department of theTaoiseach (Primer Ministro) - Central Statistics Office - Department of Finance - Office of the Comptroller and Auditor General - Office of the Revenue Commissioners - Office of Public Works - State Laboratory - Office of the Attorney General - Office of the Director of Public Prosecutions - Valuation Office - Office of the Commission for Public Service Appointments - Public Appointments Service - Office of the Ombudsman - Chief State Solicitor's Office - Department of Justice, Equality and Law Reform - Courts Service - Prisons Service - Office of the Commissioners of Charitable Donations and Bequests - Department of the Environment, Heritage and Local Government - Department of Education and Science - Department of Communications, Energy and Natural Resources - Department of Agriculture, Fisheries and Food - Department of Transport - Department of Health and Children - Department of Enterprise, Trade and Employment - Department of Arts, Sports and Tourism - Department of Defence - Department of Foreign Affairs - Department of Social and Family Affairs - Department of Community, Rural and Gaeltacht Affairs (regiones de habla galesa) - Arts Council - National Gallery.

Grecia - ΤπνπξγƂίν ΔƃωƄƂξηθώλ - ΤπνπξγƂίν ΔμωƄƂξηθώλ - ΤπνπξγƂίν Οηθνλνκίƀο θƀη Οηθνλνκηθώλ - ΤπνπξγƂίν ΑλάπƄπμεο - ΤπνπξγƂίν Γηθƀηνƃύλεο - ΤπνπξγƂίν Δζληθήο ΠƀηƁƂίƀο θƀη zξεƃθƂπκάƄωλ - ΤπνπξγƂίν ΠνιηƄηƃκνύ - ΤπνπξγƂίν ΤγƂίƀο θƀη Κνηλωληθήο ΑιιειƂγγύεο - ΤπνπξγƂίν ΠƂξηβάιινλƄνο, ΥωξνƄƀμίƀο θƀη Γεκνƃίωλ Έξγωλ; - ΤπνπξγƂίν Απƀƃρόιεƃεο θƀη Κνηλωληθήο ΠξνƃƄƀƃίƀο - ΤπνπξγƂίν ΜƂƄƀƅνξώλ θƀη Δπηθνηλωληώλ - ΤπνπξγƂίν ΑγξνƄηθήο ΑλάπƄπμεο θƀη Σξνƅίκωλ - ΤπνπξγƂίν Δκπνξηθήο ΝƀπƄηιίƀο, Αηγƀίνπ θƀη ΝεƃηωƄηθήο ΠνιηƄηθήο - ΤπνπξγƂίν ΜƀθƂƁνλίƀο- zξάθεο - ZƂληθή ZξƀκκƀƄƂίƀ Δπηθνηλωλίƀο - ZƂληθή ZξƀκκƀƄƂίƀ Δλεκέξωƃεο - ZƂληθή ZξƀκκƀƄƂίƀ Νέƀο ZƂληάο - ZƂληθή ZξƀκκƀƄƂίƀ ΙƃόƄεƄƀο - ZƂληθή ZξƀκκƀƄƂίƀ Κνηλωληθώλ ΑƃƅƀιίƃƂωλ - ZƂληθή ZξƀκκƀƄƂίƀ ΑπόƁεκνπ Διιεληƃκνύ - ZƂληθή ZξƀκκƀƄƂίƀ Βηνκερƀλίƀο - ZƂληθή ZξƀκκƀƄƂίƀ ΈξƂπλƀο θƀη ΣƂρλνινγίƀο - ZƂληθή ZξƀκκƀƄƂίƀ ΑζιεƄηƃκνύ - ZƂληθή ZξƀκκƀƄƂίƀ Γεκνƃίωλ Έξγωλ - ZƂληθή ZξƀκκƀƄƂίƀ Δζληθήο ΢ƄƀƄηƃƄηθήο ΤπεξƂƃίƀο ΔιιάƁνο - Δζληθό ΢πκβνύιην Κνηλωληθήο ſξνλƄίƁƀο - Οξγƀληƃκόο ΔξγƀƄηθήο ΚƀƄνηθίƀο - Δζληθό ΣππνγξƀƅƂίν - ZƂληθό ΥεκƂίν Ƅνπ ΚξάƄνπο - ΣƀκƂίν Δζληθήο ΟƁνπνηίƀο - Δζληθό ΚƀπνƁηƃƄξηƀθό ΠƀλƂπηƃƄήκην Αζελώλ - ΑξηƃƄνƄέιƂην ΠƀλƂπηƃƄήκην zƂƃƃƀινλίθεο - ΓεκνθξίƄƂην ΠƀλƂπηƃƄήκην zξάθεο - ΠƀλƂπηƃƄήκην Αηγƀίνπ - ΠƀλƂπηƃƄήκην Ιωƀλλίλωλ - ΠƀλƂπηƃƄήκην ΠƀƄξώλ - ΠƀλƂπηƃƄήκην ΜƀθƂƁνλίƀο - ΠνιπƄƂρλƂίν ΚξήƄεο - ΢ηβηƄƀλίƁƂηνο Γεκόƃηƀ ΢ρνιή ΣƂρλώλ θƀη ΔπƀγγƂικάƄωλ - ΑηγηλήƄƂην ΝνƃνθνκƂίν - ΑξƂƄƀίƂην ΝνƃνθνκƂίν - Δζληθό ΚέλƄξν Γεκόƃηƀο Γηνίθεƃεο - Οξγƀληƃκόο ΓηƀρƂίξηƃεο Γεκνƃίνπ Τιηθνύ - Οξγƀληƃκόο ZƂωξγηθώλ ΑƃƅƀιίƃƂωλ - Οξγƀληƃκόο ΢ρνιηθώλ ΚƄηξίωλ - ZƂληθό ΔπηƄƂιƂίν ΢ƄξƀƄνύ - ZƂληθό ΔπηƄƂιƂίν ΝƀπƄηθνύ - ZƂληθό ΔπηƄƂιƂίν ΑƂξνπνξίƀο - Διιεληθή ΔπηƄξνπή ΑƄνκηθήο ΔλέξγƂηƀο - ZƂληθή ZξƀκκƀƄƂίƀ ΔθπƀίƁƂπƃεο Δλειίθωλ - ΤπνπξγƂίν Δζληθήο Άκπλƀο - ZƂληθή ZξƀκκƀƄƂίƀ Δκπνξίνπ España - Presidencia de Gobierno - Ministerio de Asuntos Exteriores y de Cooperación - Ministerio de Justicia - Ministerio de Defensa - Ministerio de Economía y Hacienda - Ministerio del Interior - Ministerio de Fomento - Ministerio de Educación, Política Social y Deportes - Ministerio de Industria, Turismo y Comercio - Ministerio de Trabajo e Inmigración - Ministerio de la Presidencia - Ministerio de Administraciones Públicas - Ministerio de Cultura - Ministerio de Sanidad y Consumo - Ministerio de Medio Ambiente y Medio Rural y Marino - Ministerio de Vivienda - Ministerio de Ciencia e Innovación - Ministerio de Igualdad Francia (1) Ministerios - Services du Premier ministre - Ministère chargé de la santé, de la jeunesse et des sports - Ministère chargé de l'intérieur, de l'outre-mer et des collectivités territoriales - Ministère chargé de la justice - Ministère chargé de la défense - Ministère chargé des affaires étrangères et européennes - Ministère chargé de l'éducation nationale - Ministère chargé de l'économie, des finances et de l'emploi - Secrétariat d'Etat aux transports - Secrétariat d'Etat aux entreprises et au commerce extérieur - Ministère chargé du travail, des relations sociales et de la solidarité - Ministère chargé de la culture et de la communication - Ministère chargé du budget, des comptes publics et de la fonction publique - Ministère chargé de l'agriculture et de la pêche - Ministère chargé de l'enseignement supérieur et de la recherche - Ministère chargé de l'écologie, du développement et de l'aménagement durables - Secrétariat d'Etat à la fonction publique - Ministère chargé du logement et de la ville - Secrétariat d'Etat à la coopération et à la francophonie - Secrétariat d'Etat à l'outre-mer - Secrétariat d'Etat à la jeunesse, des sports et de la vie associative - Secrétariat d'Etat aux anciens combattants - Ministère chargé de l'immigration, de l'intégration, de l'identité nationale et du co-développement - Secrétariat d'Etat en charge de la prospective et de l'évaluation des politiques publiques - Secrétariat d'Etat aux affaires européennes, - Secrétariat d'Etat aux affaires étrangères et aux droits de l'homme - Secrétariat d'Etat à la consommation et au tourisme - Secrétariat d'Etat à la politique de la ville - Secrétariat d'Etat à la solidarité - Secrétariat d'Etat en charge de l'industrie et de la consommation - Secrétariat d'Etat en charge de l'emploi - Secrétariat d'Etat en charge du commerce, de l'artisanat, des PME, du tourisme et des services - Secrétariat d'Etat en charge de l'écologie - Secrétariat d'Etat en charge du développement de la région-capitale - Secrétariat d'Etat en charge de l'aménagement du territoire (2) Instituciones, autoridades independientes y jurisdicciones - Présidence de la République - Assemblée Nationale - Sénat - Conseil constitutionnel - Conseil économique et social - Conseil supérieur de la magistrature - Agence française contre le dopage - Autorité de contrôle des assurances et des mutuelles - Autorité de contrôle des nuisances sonores aéroportuaires - Autorité de régulation des communications électroniques et des postes - Autorité de sûreté nucléaire - Autorité indépendante des marchés financiers - Comité national d'évaluation des établissements publics à caractère scientifique, culturel et professionnel - Commission d'accès aux documents administratifs - Commission consultative du secret de la défense nationale - Commission nationale des comptes de campagne et des financements politiques - Commission nationale de contrôle des interceptions de sécurité - Commission nationale de déontologie de la sécurité - Commission nationale du débat public - Commission nationale de l'informatique et des libertés - Commission des participations et des transferts - Commission de régulation de l'énergie - Commission de la sécurité des consommateurs - Commission des sondages - Commission de la transparence financière de la vie politique - Conseil de la concurrence - Conseil des ventes volontaires de meubles aux enchères publiques - Conseil supérieur de l'audiovisuel - Défenseur des enfants - Haute autorité de lutte contre les discriminations et pour l'égalité - Haute autorité de santé - Médiateur de la République - Cour de justice de la République - Tribunal des Conflits - Conseil d'Etat - Cours administratives d'appel - Tribunaux administratifs - Cour des Comptes - Chambres régionales des Comptes - Cours et tribunaux de l'ordre judiciaire (Cour de Cassation, Cours d'Appel, Tribunaux d'instance et Tribunaux de grande instance) (3) Entes públicos nacionales - Académie de France à Rome - Académie de marine - Académie des sciences d'outre-mer - Académie des technologies - Agence centrale des organismes de sécurité sociale (ACOSS) - Agence de biomédicine - Agence pour l'enseignement du français à l'étranger - Agence française de sécurité sanitaire des aliments - Agence française de sécurité sanitaire de l'environnement et du travail - Agence Nationale pour la cohésion sociale et l'égalité des chances - Agence nationale pour la garantie des droits des mineurs - Agences de l'eau - Agence Nationale de l'Accueil des Etrangers et des migrations - Agence nationale pour l'amélioration des conditions de travail (ANACT) - Agence nationale pour l'amélioration de l'habitat (ANAH) - Agence Nationale pour la Cohésion Sociale et l'Egalité des Chances - Agence nationale pour l'indemnisation des français d'outre-mer (ANIFOM) - Assemblée permanente des chambres d'agriculture (APCA) - Bibliothèque publique d'information - Bibliothèque nationale de France - Bibliothèque nationale et universitaire de Strasbourg - Caisse des Dépôts et Consignations - Caisse nationale des autoroutes (CNA) - Caisse nationale militaire de sécurité sociale (CNMSS) - Caisse de garantie du logement locatif social - Casa de Velasquez - Centre d'enseignement zootechnique - Centre d'études de l'emploi - Centre d'études supérieures de la sécurité sociale - Centres de formation professionnelle et de promotion agricole - Centre hospitalier des Quinze-Vingts - Centre international d'études supérieures en sciences agronomiques (Montpellier Sup Agro) - Centre des liaisons européennes et internationales de sécurité sociale - Centre des Monuments Nationaux - Centre national d'art et de culture Georges Pompidou - Centre national des arts plastiques - Centre national de la cinématographie - Centre National d'Etudes et d'expérimentation du machinisme agricole, du génie rural, des eaux et des forêts (CEMAGREF) - Centre national du livre - Centre national de documentation pédagogique - Centre national des oeuvres universitaires et scolaires (CNOUS) - Centre national professionnel de la propriété forestière - Centre National de la Recherche Scientifique (C.N.R.S) - Centres d'éducation populaire et de sport (CREPS) - Centres régionaux des oeuvres universitaires (CROUS) - Collège de France - Conservatoire de l'espace littoral et des rivages lacustres - Conservatoire National des Arts et Métiers - Conservatoire national supérieur de musique et de danse de Paris - Conservatoire national supérieur de musique et de danse de Lyon - Conservatoire national supérieur d'art dramatique - École centrale de Lille - École centrale de Lyon - École centrale des arts et manufactures - École française d'archéologie d'Athènes - École française d'Extrême-Orient - École française de Rome - École des hautes études en sciences sociales - École du Louvre - École nationale d'administration - École nationale de l'aviation civile (ENAC) - École nationale des Chartes - École nationale d'équitation - École Nationale du Génie de l'Eau et de l'environnement de Strasbourg - Écoles nationales d'ingénieurs - École nationale d'ingénieurs des industries des techniques agricoles et alimentaires de Nantes - Écoles nationales d'ingénieurs des travaux agricoles - École nationale de la magistrature - Écoles nationales de la marine marchande - École nationale de la santé publique (ENSP) - École nationale de ski et d'alpinisme - École nationale supérieure des arts décoratifs - École nationale supérieure des arts et techniques du théâtre - École nationale supérieure des arts et industries textiles Roubaix - Écoles nationales supérieures d'arts et métiers - École nationale supérieure des beaux-arts - École nationale supérieure de céramique industrielle - École nationale supérieure de l'électronique et de ses applications (ENSEA) - École nationale supérieure du paysage de Versailles - École Nationale Supérieure des Sciences de l'information et des bibliothécaires - École nationale supérieure de la sécurité sociale - Écoles nationales vétérinaires - École nationale de voile - École normales supérieures - École polytechnique - École technique professionnelle agricole et forestière de Meymac (Corrèze) - École de sylviculture Crogny (Aube) - École de viticulture et d'oenologie de la Tour- Blanche (Gironde) - École de viticulture - Avize (Marne) - Établissement national d'enseignement agronomique de Dijon - Établissement national des invalides de la marine (ENIM) - Établissement national de bienfaisance Koenigswarter - Établissement public du musée et du domaine national de Versailles - Fondation Carnegie - Fondation Singer-Polignac - Haras nationaux - Hôpital national de Saint-Maurice - Institut des hautes études pour la science et la technologie - Institut français d'archéologie orientale du Caire - Institut géographique national - Institut National de l'origine et de la qualité - Institut national des hautes études de sécurité - Institut de veille sanitaire - Institut National d'enseignement supérieur et de recherche agronomique et agroalimentaire de Rennes - Institut National d'Etudes Démographiques (I.N.E.D) - Institut National d'Horticulture - Institut National de la jeunesse et de l'éducation populaire - Institut national des jeunes aveugles - Paris - Institut national des jeunes sourds - Bordeaux - Institut national des jeunes sourds - Chambéry - Institut national des jeunes sourds - Metz - Institut national des jeunes sourds - Paris - Institut national de physique nucléaire et de physique des particules (I.N.P.N.P.P) - Institut national de la propriété industrielle - Institut National de la Recherche Agronomique (I.N.R.A) - Institut National de la Recherche Pédagogique (I.N.R.P) - Institut National de la Santé et de la Recherche Médicale (I.N.S.E.R.M) - Institut national d'histoire de l'art (I.N.H.A.)

- Institut national de recherches archéologiques préventives - Institut National des Sciences de l'Univers - Institut National des Sports et de l'Education Physique - Institut national supérieur de formation et de recherche pour l'éducation des jeunes handicapés et les enseignements inadaptés - Instituts nationaux polytechniques - Instituts nationaux des sciences appliquées - Institut national de recherche en informatique et en automatique (INRIA) - Institut national de recherche sur les transports et leur sécurité (INRETS) - Institut de Recherche pour le Développement - Instituts régionaux d'administration - Institut des Sciences et des Industries du vivant et de l'environnement (Agro Paris Tech) - Institut supérieur de mécanique de Paris - Institut Universitaires de Formation des Maîtres - Musée de l'armée - Musée Gustave-Moreau - Musée national de la marine - Musée national J.-J.-Henner - Musée du Louvre - Musée du Quai Branly - Muséum National d'Histoire Naturelle - Musée Auguste-Rodin - Observatoire de Paris - Office français de protection des réfugiés et apatrides - Office National des Anciens Combattants et des Victimes de Guerre (ONAC) - Office national de la chasse et de la faune sauvage - Office National de l'eau et des milieux aquatiques - Office national d'information sur les enseignements et les professions (ONISEP) - Office universitaire et culturel français pour l'Algérie - Ordre national de la Légion d'honneur - Palais de la découverte - Parcs nationaux - Universités (4) Otros entes públicos nacionales - Union des groupements d'achats publics (UGAP) - Agence Nationale pour l'emploi (A.N.P.E) - Caisse Nationale des Allocations Familiales (CNAF) - Caisse Nationale d'Assurance Maladie des Travailleurs Salariés (CNAMS) - Caisse Nationale d'Assurance-Vieillesse des Travailleurs Salariés (CNAVTS) Italia (1) Organismos de adquisición - Presidenza del Consiglio dei Ministri - Ministero degli Affari Esteri - Ministero dell'Interno - Ministero della Giustizia e Uffici giudiziari (esclusi i giudici di pace) - Ministero della Difesa - Ministero dell'Economia e delle Finanze - Ministero dello Sviluppo Economico - Ministero delle Politiche Agricole, Alimentari e Forestali - Ministero dell'Ambiente - Tutela del Territorio e del Mare - Ministero delle Infrastrutture e dei Trasporti - Ministero del Lavoro, della Salute e delle Politiche Sociali - Ministero dell' Istruzione, Università e Ricerca - Ministero per i Beni e le Attività culturali, comprensivo delle sue articolazioni periferiche (2) Otros entes públicos nacionales - CONSIP (Concessionaria Servizi Informatici Pubblici) Chipre - ΠξνƂƁξίƀ θƀη ΠξνƂƁξηθό Μέγƀξν - ZξƀƅƂίν ΢πλƄνληƃƄή Δλƀξκόληƃεο - Τπνπξγηθό ΢πκβνύιην - Βνπιή Ƅωλ ΑλƄηπξνƃώπωλ - ΓηθƀƃƄηθή ΤπεξƂƃίƀ - Ννκηθή ΤπεξƂƃίƀ Ƅεο ΓεκνθξƀƄίƀο - ΔιƂγθƄηθή ΤπεξƂƃίƀ Ƅεο ΓεκνθξƀƄίƀο - ΔπηƄξνπή Γεκόƃηƀο ΤπεξƂƃίƀο - ΔπηƄξνπή ΔθπƀηƁƂπƄηθήο ΤπεξƂƃίƀο - ZξƀƅƂίν ΔπηƄξόπνπ ΓηνηθήƃƂωο - ΔπηƄξνπή ΠξνƃƄƀƃίƀο ΑλƄƀγωληƃκνύ - ΤπεξƂƃίƀ ΔƃωƄƂξηθνύ Διέγρνπ - ZξƀƅƂίν ΠξνγξƀκκƀƄηƃκνύ - ZƂληθό ΛνγηƃƄήξην Ƅεο ΓεκνθξƀƄίƀο - ZξƀƅƂίν ΔπηƄξόπνπ ΠξνƃƄƀƃίƀο ΓƂƁνκέλωλ Πξνƃωπηθνύ ΥƀξƀθƄήξƀ - ZξƀƅƂίν Δƅόξνπ Γεκνƃίωλ ΔληƃρύƃƂωλ - ΑλƀζƂωξεƄηθή Αξρή Πξνƃƅνξώλ - ΤπεξƂƃίƀ ΔπνπƄƂίƀο θƀη ΑλάπƄπμεο ΢πλƂξγƀƄηθώλ ΔƄƀηξƂηώλ - ΑλƀζƂωξεƄηθή Αξρή Πξνƃƅύγωλ - ΤπνπξγƂίν Άκπλƀο - ΤπνπξγƂίν ZƂωξγίƀο, ſπƃηθώλ Πόξωλ θƀη ΠƂξηβάιινλƄνο - Σκήκƀ ZƂωξγίƀο - ΚƄεληƀƄξηθέο ΤπεξƂƃίƂο - Σκήκƀ Γƀƃώλ - Σκήκƀ ΑλƀπƄύμƂωο ΤƁάƄωλ - Σκήκƀ ZƂωινγηθήο Δπηƃθόπεƃεο - ΜƂƄƂωξνινγηθή ΤπεξƂƃίƀ - Σκήκƀ ΑλƀƁƀƃκνύ - ΤπεξƂƃίƀ ΜƂƄƀιιƂίωλ - ΙλƃƄηƄνύƄν ZƂωξγηθώλ ΔξƂπλώλ - Σκήκƀ ΑιηƂίƀο θƀη zƀιάƃƃηωλ ΔξƂπλώλ - ΤπνπξγƂίν Γηθƀηνƃύλεο θƀη Γεκνƃίƀο ΣάμƂωο - ΑƃƄπλνκίƀ - ΠπξνƃβƂƃƄηθή ΤπεξƂƃίƀ Κύπξνπ - Σκήκƀ ſπιƀθώλ - ΤπνπξγƂίν Δκπνξίνπ, Βηνκερƀλίƀο θƀη Σνπξηƃκνύ - Σκήκƀ Δƅόξνπ ΔƄƀηξƂηώλ θƀη Δπίƃεκνπ ΠƀξƀιήπƄε - ΤπνπξγƂίν Δξγƀƃίƀο θƀη Κνηλωληθώλ ΑƃƅƀιίƃƂωλ - Σκήκƀ Δξγƀƃίƀο - Σκήκƀ Κνηλωληθώλ ΑƃƅƀιίƃƂωλ - Σκήκƀ ΤπεξƂƃηώλ Κνηλωληθήο ΔπεκƂξίƀο - ΚέλƄξν ΠƀξƀγωγηθόƄεƄƀο Κύπξνπ - ΑλώƄƂξν ΞƂλνƁνρƂηƀθό ΙλƃƄηƄνύƄν Κύπξνπ - ΑλώƄƂξν ΣƂρλνινγηθό ΙλƃƄηƄνύƄν - Σκήκƀ ΔπηζƂώξεƃεο Δξγƀƃίƀο - Σκήκƀ Δξγƀƃηƀθώλ ΢ρέƃƂωλ - ΤπνπξγƂίν ΔƃωƄƂξηθώλ - Δπƀξρηƀθέο ΓηνηθήƃƂηο - Σκήκƀ ΠνιƂνƁνκίƀο θƀη ΟηθήƃƂωο - Σκήκƀ ΑξρƂίνπ Πιεζπƃκνύ θƀη ΜƂƄƀλƀƃƄƂύƃƂωο - Σκήκƀ ΚƄεκƀƄνινγίνπ θƀη ΥωξνκƂƄξίƀο - ZξƀƅƂίν Σύπνπ θƀη Πιεξνƅνξηώλ - ΠνιηƄηθή Άκπλƀ - ΤπεξƂƃίƀ Μέξηκλƀο θƀη ΑπνθƀƄƀƃƄάƃƂωλ ΔθƄνπηƃζέλƄωλ - ΤπεξƂƃίƀ Αƃύινπ - ΤπνπξγƂίν ΔμωƄƂξηθώλ - ΤπνπξγƂίν Οηθνλνκηθώλ - ΣƂιωλƂίƀ - Σκήκƀ ΔƃωƄƂξηθώλ ΠξνƃόƁωλ - ΢ƄƀƄηƃƄηθή ΤπεξƂƃίƀ - Σκήκƀ ΚξƀƄηθώλ Αγνξώλ θƀη ΠξνκεζƂηώλ - Σκήκƀ Γεκόƃηƀο Γηνίθεƃεο θƀη Πξνƃωπηθνύ - ΚπβƂξλεƄηθό ΣππνγξƀƅƂίν - Σκήκƀ ΤπεξƂƃηώλ Πιεξνƅνξηθήο - ΤπνπξγƂίν ΠƀηƁƂίƀο θƀη ΠνιηƄηƃκνύ - ΤπνπξγƂίν ΢πγθνηλωληώλ θƀη Έξγωλ - Σκήκƀ Γεκνƃίωλ Έξγωλ - Σκήκƀ ΑξρƀηνƄήƄωλ - Σκήκƀ ΠνιηƄηθήο ΑƂξνπνξίƀο - Σκήκƀ Δκπνξηθήο ΝƀπƄηιίƀο - Σκήκƀ ΟƁηθώλ ΜƂƄƀƅνξώλ - Σκήκƀ ΗιƂθƄξνκερƀλνινγηθώλ ΤπεξƂƃηώλ - Σκήκƀ ΗιƂθƄξνληθώλ Δπηθνηλωληώλ - ΤπνπξγƂίν ΤγƂίƀο - ſƀξκƀθƂπƄηθέο ΤπεξƂƃίƂο - ZƂληθό ΥεκƂίν - ΙƀƄξηθέο ΤπεξƂƃίƂο θƀη ΤπεξƂƃίƂο Γεκόƃηƀο ΤγƂίƀο - ΟƁνλƄηƀƄξηθέο ΤπεξƂƃίƂο - ΤπεξƂƃίƂο Φπρηθήο ΤγƂίƀο Letonia (1) Ministerios, secretarías de ministerios para asuntos especiales y sus instituciones subordinadas - Aizsardzības ministrija un tās padotībā esońās iestādes - Ārlietu ministrija un tas padotībā esońās iestādes - Bērnu un ģimenes lietu ministrija un tās padotībā esońas iestādes - Ekonomikas ministrija un tās padotībā esońās iestādes - Finanńu ministrija un tās padotībā esońās iestādes - Iekńlietu ministrija un tās padotībā esońās iestādes - Izglītības un zinātnes ministrija un tās padotībā esońās iestādes - Kultūras ministrija un tas padotībā esońās iestādes - Labklājības ministrija un tās padotībā esońās iestādes - Reģionālās attīstības un pańvaldības lietu ministrija un tās padotībā esońās iestādes - Satiksmes ministrija un tās padotībā esońās iestādes - Tieslietu ministrija un tās padotībā esońās iestādes - Veselības ministrija un tās padotībā esońās iestādes - Vides ministrija un tās padotībā esońās iestādes - Zemkopības ministrija un tās padotībā esońās iestādes - Īpańu uzdevumu ministra sekretariāti un to padotībā esońās iestādes - Satversmes aizsardzības birojs (2) Otras instituciones estatales - Augstākā tiesa - Centrālā vēlēńanu komisija - Finanńu un kapitāla tirgus komisija - Latvijas Banka - Prokuratūra un tās pārraudzībā esońās iestādes - Saeimas kanceleja un tās padotībā esońās iestādes - Satversmes tiesa - Valsts kanceleja un tās padotībā esońās iestādes - Valsts kontrole - Valsts prezidenta kanceleja - Tiesībsarga birojs - Nacionālā radio un televīzijas padome - Citas valsts iestādes, kuras nav ministriju padotībā (Otras instituciones estatales no subordinadas a los ministerios) Lituania - Prezidentūros kanceliarija - Seimo kanceliarija - Instituciones responsables ante el Seimas [Parlamento]:

- Lietuvos mokslo taryba - Seimo kontrolierių įstaiga - Valstybės kontrolė - Specialiųjų tyrimų tarnyba - Valstybės saugumo departamentas - Konkurencijos taryba - Lietuvos gyventojų genocido ir rezistencijos tyrimo centras - Vertybinių popierių komisija - Ryńių reguliavimo tarnyba - Nacionalinė sveikatos taryba - Etninės kultūros globos taryba - Lygių galimybių kontrolieriaus tarnyba - Valstybinė kultūros paveldo komisija - Vaiko teisių apsaugos kontrolieriaus įstaiga - Valstybinė kainų ir energetikos kontrolės komisija - Valstybinė lietuvių kalbos komisija - Vyriausioji rinkimų komisija - Vyriausioji tarnybinės etikos komisija - Ņurnalistų etikos inspektoriaus tarnyba - Vyriausybės kanceliarija - Instituciones responsables ante el Vyriausybė (Gobierno):

- Ginklų fondas - Informacinės visuomenės plėtros komitetas - Kūno kultūros ir sporto departamentas - Lietuvos archyvų departamentas - Mokestinių ginčų komisija - Statistikos departamentas - Tautinių maņumų ir ińeivijos departamentas - Valstybinė tabako ir alkoholio kontrolės tarnyba - Vieńųjų pirkimų tarnyba - Narkotikų kontrolės departamentas - Valstybinė atominės energetikos saugos inspekcija - Valstybinė duomenų apsaugos inspekcija - Valstybinė maisto ir veterinarijos tarnyba - Vyriausioji administracinių ginčų komisija - Draudimo prieņiūros komisija - Lietuvos valstybinis mokslo ir studijų fondas - Lietuvių grįņimo į Tėvynę informacijos centras - Konstitucinis Teismas - Lietuvos bankas - Aplinkos ministerija - Instituciones bajo el Aplinkos ministerija (Ministerio del Medio Ambiente):

- Generalinė mińkų urėdija - Lietuvos geologijos tarnyba - Lietuvos hidrometeorologijos tarnyba - Lietuvos standartizacijos departamentas - Nacionalinis akreditacijos biuras - Valstybinė metrologijos tarnyba - Valstybinė saugomų teritorijų tarnyba - Valstybinė teritorijų planavimo ir statybos inspekcija - Finansų ministerija - Instituciones bajo el Finansų ministerija (Ministerio de Finanzas):

- Muitinės departamentas - Valstybės dokumentų technologinės apsaugos tarnyba - Valstybinė mokesčių inspekcija - Finansų ministerijos mokymo centras - Valstybinė lońimų prieņiūros komisija - Krańto apsaugos ministerija - Instituciones bajo el Krańto apsaugos ministerija (Ministerio de Defensa Nacional):

- Antrasis operatyvinių tarnybų departamentas - Centralizuota finansų ir turto tarnyba - Karo prievolės administravimo tarnyba - Krańto apsaugos archyvas - Krizių valdymo centras - Mobilizacijos departamentas - Ryńių ir informacinių sistemų tarnyba - Infrastruktūros plėtros departamentas - Valstybinis pilietinio pasiprieńinimo rengimo centras - Lietuvos kariuomenė - Krańto apsaugos sistemos kariniai vienetai ir tarnybos - Kultūros ministerija - Instituciones bajo el Kultūros ministerija (Ministerio de Cultura):

- Kultūros paveldo departamentas - Valstybinė kalbos inspekcija - Socialinės apsaugos ir darbo ministerija - Instituciones bajo el Socialinės apsaugos ir darbo ministerija (Ministerio de Seguridad Social y Trabajo):

- Garantinio fondo administracija - Valstybės vaiko teisių apsaugos ir įvaikinimo tarnyba - Lietuvos darbo birņa - Lietuvos darbo rinkos mokymo tarnyba - Trińalės tarybos sekretoriatas - Socialinių paslaugų prieņiūros departamentas - Darbo inspekcija - Valstybinio socialinio draudimo fondo valdyba - Neįgalumo ir darbingumo nustatymo tarnyba - Ginčų komisija - Techninės pagalbos neįgaliesiems centras - Neįgaliųjų reikalų departamentas - Susisiekimo ministerija - Instituciones bajo el Susisiekimo ministerija (Ministerio de Transporte y Comunicaciones):

- Lietuvos automobilių kelių direkcija - Valstybinė geleņinkelio inspekcija - Valstybinė kelių transporto inspekcija - Pasienio kontrolės punktų direkcija - Sveikatos apsaugos ministerija - Instituciones bajo el Sveikatos apsaugos ministerija (Ministerio de Salud):

- Valstybinė akreditavimo sveikatos prieņiūros veiklai tarnyba - Valstybinė ligonių kasa - Valstybinė medicininio audito inspekcija - Valstybinė vaistų kontrolės tarnyba - Valstybinė teismo psichiatrijos ir narkologijos tarnyba - Valstybinė visuomenės sveikatos prieņiūros tarnyba - Farmacijos departamentas - Ekstremalių sveikatai situacijų centras - Lietuvos bioetikos komitetas - Radiacinės saugos centras - Ńvietimo ir mokslo ministerija - Instituciones bajo el Ńvietimo ir mokslo ministerija (Ministerio de Educación y Ciencia):

- Nacionalinis egzaminų centras - Studijų kokybės vertinimo centras - Teisingumo ministerija - Instituciones bajo el Teisingumo ministerija (Ministerio de Justicia):

- Kalėjimų departamentas - Nacionalinė vartotojų teisių apsaugos taryba - Europos teisės departamentas - Ūkio ministerija - Instituciones bajo el Ūkio ministerija (Ministerio de Economía):

- Įmonių bankroto valdymo departamentas - Valstybinė energetikos inspekcija - Valstybinė ne maisto produktų inspekcija - Valstybinis turizmo departamentas - Uņsienio reikalų ministerija - Diplomatinės atstovybės ir konsulinės įstaigos uņsienyje bei atstovybės prie tarptautinių organizacijų - Vidaus reikalų ministerija - Instituciones bajo el Vidaus reikalų ministerija (Ministerio del Interior):

- Asmens dokumentų ińrańymo centras - Finansinių nusikaltimų tyrimo tarnyba - Gyventojų registro tarnyba - Policijos departamentas - Prieńgaisrinės apsaugos ir gelbėjimo departamentas - Turto valdymo ir ūkio departamentas - Vadovybės apsaugos departamentas - Valstybės sienos apsaugos tarnyba - Valstybės tarnybos departamentas - Informatikos ir ryńių departamentas - Migracijos departamentas - Sveikatos prieņiūros tarnyba - Bendrasis pagalbos centras - Ņemės ūkio ministerija - Instituciones bajo el Ņemės ūkio ministerija (Ministerio de Agricultura):

- Nacionalinė mokėjimo agentūra - Nacionalinė ņemės tarnyba - Valstybinė augalų apsaugos tarnyba - Valstybinė gyvulių veislininkystės prieņiūros tarnyba - Valstybinė sėklų ir grūdų tarnyba - Ņuvininkystės departamentas - Teismai (Cortes):

- Lietuvos Aukńčiausiasis Teismas - Lietuvos apeliacinis teismas - Lietuvos vyriausiasis administracinis teismas - apygardų teismai - apygardų administraciniai teismai - apylinkių teismai - Nacionalinė teismų administracija - Generalinė prokuratūra - Otras Entidades de la Administración Pública (institucijos (instituciones), įstaigos (establecimientos), tarnybos (agencias)) - Aplinkos apsaugos agentūra - Valstybinė aplinkos apsaugos inspekcija - Aplinkos projektų valdymo agentūra - Mińko genetinių ińteklių, sėklų ir sodmenų tarnyba - Mińko sanitarinės apsaugos tarnyba - Valstybinė mińkotvarkos tarnyba - Nacionalinis visuomenės sveikatos tyrimų centras - Lietuvos AIDS centras - Nacionalinis organų transplantacijos biuras - Valstybinis patologijos centras - Valstybinis psichikos sveikatos centras - Lietuvos sveikatos informacijos centras - Slaugos darbuotojų tobulinimosi ir specializacijos centras - Valstybinis aplinkos sveikatos centras - Respublikinis mitybos centras - Uņkrečiamųjų ligų profilaktikos ir kontrolės centras - Trakų visuomenės sveikatos prieņiūros ir specialistų tobulinimosi centras - Visuomenės sveikatos ugdymo centras - Muitinės kriminalinė tarnyba - Muitinės informacinių sistemų centras - Muitinės laboratorija - Muitinės mokymo centras - Valstybinis patentų biuras - Lietuvos teismo ekspertizės centras - Centrinė hipotekos įstaiga - Lietuvos metrologijos inspekcija - Civilinės aviacijos administracija - Lietuvos saugios laivybos administracija - Transporto investicijų direkcija - Valstybinė vidaus vandenų laivybos inspekcija - Pabėgėlių priėmimo centras Luxemburgo - Ministère d"Etat - Ministère des Affaires Etrangères et de l'Immigration - Ministère de l'Agriculture, de la Viticulture et du Développement Rural - Ministère des Classes moyennes, du Tourisme et du Logement - Ministère de la Culture, de l'Enseignement Supérieur et de la Recherche - Ministère de l'Economie et du Commerce extérieur - Ministère de l'Education nationale et de la Formation professionnelle - Ministère de l'Egalité des chances - Ministère de l'Environnement - Ministère de la Famille et de l'Intégration - Ministère des Finances - Ministère de la Fonction publique et de la Réforme administrative - Ministère de l'Intérieur et de l'Aménagement du territoire - Ministère de la Justice - Ministère de la Santé - Ministère de la Sécurité sociale - Ministère des Transports - Ministère du Travail et de l'Emploi - Ministère des Travaux publics Hungría - Egészségügyi Minisztérium - Földművelésügyi és Vidékfejlesztési Minisztérium - Gazdasági és Közlekedési Minisztérium - Honvédelmi Minisztérium - Igazságügyi és Rendészeti Minisztérium - Környezetvédelmi és Vízügyi Minisztérium - Külügyminisztérium - Miniszterelnöki Hivatal - Oktatási és Kulturális Minisztérium - Önkormányzati és Területfejlesztési Minisztérium - Pénzügyminisztérium - Szociális és Munkaügyi Minisztérium - Központi Szolgáltatási Főigazgatóság Malta - Uffiċċju tal-Prim Ministru (Office of the Prime Minister) [Oficina del Primer Ministro] - Ministeru għall-Familja u Solidarjeta' Soċjali (Ministry for the Family and Social Solidarity) [Ministerio de Familia y Solidaridad Social] - Ministeru ta' l-Edukazzjoni Zghazagh u Impjieg (Ministry for Education Youth and Employment) [Ministerio de Educación Juvenil y Empleo] - Ministeru tal-Finanzi (Ministry of Finance) [Ministerio de Finanzas] - Ministeru tar-Riżorsi u l-Infrastruttura (Ministry for Resources and Infrastructure) [Ministerio de Recursos e Infraestructura] - Ministeru tat-Turiżmu u Kultura (Ministry for Tourism and Culture) [Ministerio de Turismo y Cultura] - Ministeru tal-Ġustizzja u l-Intern (Ministry for Justice and Home Affairs) [Ministerio de Justicia y del Interior] - Ministeru għall-Affarijiet Rurali u l-Ambjent (Ministry for Rural Affairs and the Environment) [Ministerio de Asuntos Rurales y Medio Ambiente] - Ministeru għal Għawdex (Ministry for Gozo) [Ministerio para Gozo] - Ministeru tas-Saħħa, l-Anzjani u Kura fil-Kommunita' (Ministry of Health, the Elderly and Community Care) [Ministerio de Salud, de la Tercera Edad y de Atención a la Comunidad] - Ministeru ta' l-Affarijiet Barranin (Ministry of Foreign Affairs) [Ministerio de Asuntos Exteriores] - Ministeru għall-Investimenti, Industrija u Teknologija ta' Informazzjoni (Ministry for Investment, Industry and Information Technology) [Ministerio de Inversión, Industria y Tecnología de la Información] - Ministeru għall-Kompetittivà u Komunikazzjoni (Ministry for Competitiveness and Communications) [Ministerio de Competitividad y Comunicaciones] - Ministeru għall-Iżvilupp Urban u Toroq (Ministry for Urban Development and Roads) [Ministerio de Desarrollo Urbano y de Carreteras] Países Bajos - Ministerie van Algemene Zaken - Bestuursdepartement - Bureau van de Wetenschappelijke Raad voor het Regeringsbeleid - Rijksvoorlichtingsdienst - Ministerie van Binnenlandse Zaken en Koninkrijksrelaties - Bestuursdepartement - Centrale Archiefselectiedienst (CAS) - Algemene Inlichtingen- en Veiligheidsdienst (AIVD) - Agentschap Basisadministratie Persoonsgegevens en Reisdocumenten (BPR) - Agentschap Korps Landelijke Politiediensten - Ministerie van Buitenlandse Zaken - Directoraat-generaal Regiobeleid en Consulaire Zaken (DGRC) - Directoraat-generaal Politieke Zaken (DGPZ) - Directoraat-generaal Internationale Samenwerking (DGIS) - Directoraat-generaal Europese Samenwerking (DGES) - Centrum tot Bevordering van de Import uit Ontwikkelingslanden (CBI) - Centrale diensten ressorterend onder S/PlvS (Servicios de apoyo comprendidos dentro de la Secretaría general y la Subsecretaría general) - Buitenlandse Posten (ieder afzonderlijk) - Ministerie van Defensie - (Ministerio de Defensa) - Bestuursdepartement - Commando Diensten Centra (CDC) - Defensie Telematica Organisatie (DTO) - Centrale directie van de Defensie Vastgoed Dienst - De afzonderlijke regionale directies van de Defensie Vastgoed Dienst - Defensie Materieel Organisatie (DMO) - Landelijk Bevoorradingsbedrijf van de Defensie Materieel Organisatie - Logistiek Centrum van de Defensie Materieel Organisatie - Marinebedrijf van de Defensie Materieel Organisatie - Defensie Pijpleiding Organisatie (DPO) - Ministerie van Economische Zaken - Bestuursdepartement - Centraal Planbureau (CPB) - SenterNovem - Staatstoezicht op de Mijnen (SodM) - Nederlandse Mededingingsautoriteit (NMa) - Economische Voorlichtingsdienst (EVD) - Agentschap Telecom - Kenniscentrum Professioneel & Innovatief Aanbesteden, Netwerk voor - Overheidsopdrachtgevers (PIANOo) - Regiebureau Inkoop Rijksoverheid - Octrooicentrum Nederland - Consumentenautoriteit - Ministerie van Financiën - Bestuursdepartement - Belastingdienst Automatiseringscentrum - Belastingdienst - de afzonderlijke Directies der Rijksbelastingen (las diversas Divisiones de Impuestos y Administración de Aduanas en todos los Países Bajos) - Fiscale Inlichtingen- en Opsporingsdienst (incl. Economische Controle dienst (ECD)) - Belastingdienst Opleidingen - Dienst der Domeinen - Ministerie van Justitie - Bestuursdepartement - Dienst Justitiële Inrichtingen - Raad voor de Kinderbescherming - Centraal Justitie Incasso Bureau - Openbaar Ministerie - Immigratie en Naturalisatiedienst - Nederlands Forensisch Instituut - Dienst Terugkeer & Vertrek - Ministerie van Landbouw, Natuur en Voedselkwaliteit - Bestuursdepartement - Dienst Regelingen (DR) - Agentschap Plantenziektenkundige Dienst (PD) - Algemene Inspectiedienst (AID) - Dienst Landelijk Gebied (DLG) - Voedsel en Waren Autoriteit (VWA) - Ministerie van Onderwijs, Cultuur en Wetenschappen - Bestuursdepartement - Inspectie van het Onderwijs - Erfgoedinspectie - Centrale Financiën Instellingen - Nationaal Archief - Adviesraad voor Wetenschaps- en Technologiebeleid - Onderwijsraad - Raad voor Cultuur - Ministerie van Sociale Zaken en Werkgelegenheid - Bestuursdepartement - Inspectie Werk en Inkomen - Agentschap SZW - Ministerie van Verkeer en Waterstaat - Bestuursdepartement - Directoraat-Generaal Transport en Luchtvaart - Directoraat-generaal Personenvervoer - Directoraat-generaal Water - Centrale diensten (Servicios Centrales) - Shared services Organisatie Verkeer en Waterstaat - Koninklijke Nederlandse Meteorologisch Instituut KNMI - Rijkswaterstaat, Bestuur - De afzonderlijke regionale Diensten van Rijkswaterstaat (Cada servicio individual regional de la Dirección General de Obras Públicas y Manejo de Aguas) - De afzonderlijke specialistische diensten van Rijkswaterstaat (Cada servicio individual especializado de la Dirección General de Obras Públicas y Manejo de Aguas) - Adviesdienst Geo-Informatie en ICT - Adviesdienst Verkeer en Vervoer (AVV) - Bouwdienst - Corporate Dienst - Data ICT Dienst - Dienst Verkeer en Scheepvaart - Dienst Weg- en Waterbouwkunde (DWW) - Rijksinstituut voor Kunst en Zee (RIKZ) - Rijksinstituut voor Integraal Zoetwaterbeheer en Afvalwaterbehandeling (RIZA) - Waterdienst - Inspectie Verkeer en Waterstaat, Hoofddirectie - Port state Control - Directie Toezichtontwikkeling Communicatie en Onderzoek (TCO) - Toezichthouder Beheer Eenheid Lucht - Toezichthouder Beheer Eenheid Water - Toezichthouder Beheer Eenheid Land - Ministerie van Volkshuisvesting, Ruimtelijke Ordening en Milieubeheer - Bestuursdepartement - Directoraat-generaal Wonen, Wijken en Integratie - Directoraat-generaal Ruimte - Directoraat-general Milieubeheer - Rijksgebouwendienst - VROM Inspectie - Ministerie van Volksgezondheid, Welzijn en Sport - Bestuursdepartement - Inspectie Gezondheidsbescherming, Waren en Veterinaire Zaken - Inspectie Gezondheidszorg - Inspectie Jeugdhulpverlening en Jeugdbescherming - Rijksinstituut voor de Volksgezondheid en Milieu (RIVM) - Sociaal en Cultureel Planbureau - Agentschap t.b.v. het College ter Beoordeling van Geneesmiddelen - Tweede Kamer der Staten-Generaal - Eerste Kamer der Staten-Generaal - Raad van State - Algemene Rekenkamer - Nationale Ombudsman - Kanselarij der Nederlandse Orden - Kabinet der Koningin - Raad voor de rechtspraak en de Rechtbanken Austria - Bundeskanzleramt - Bundesministerium für europäische und internationale Angelegenheiten - Bundesministerium für Finanzen - Bundesministerium für Gesundheit, Familie und Jugend - Bundesministerium für Inneres - Bundesministerium für Justiz - Bundesministerium für Landesverteidigung - Bundesministerium für Land- und Forstwirtschaft, Umwelt und Wasserwirtschaft - Bundesministerium für Soziales und Konsumentenschutz - Bundesministerium für Unterricht, Kunst und Kultur - Bundesministerium für Verkehr, Innovation und Technologie - Bundesministerium für Wirtschaft und Arbeit - Bundesministerium für Wissenschaft und Forschung - Österreichische Forschungs- und Prüfzentrum Arsenal Gesellschaft m.b.H - Bundesbeschaffung G.m.b.H - Bundesrechenzentrum G.m.b.H Polonia - Kancelaria Prezydenta RP - Kancelaria Sejmu RP - Kancelaria Senatu RP - Kancelaria Prezesa Rady Ministrów - Sąd Najwyższy - Naczelny Sąd Administracyjny - Wojewódzkie sądy administracyjne - Sądy powszechne - rejonowe, okręgowe i apelacyjne - Trybunal Konstytucyjny - Najwyższa Izba Kontroli - Biuro Rzecznika Praw Obywatelskich - Biuro Rzecznika Praw Dziecka - Biuro Ochrony Rządu - Biuro Bezpieczeństwa Narodowego - Centralne Biuro Antykorupcyjne - Ministerstwo Pracy i Polityki Społecznej - Ministerstwo Finansów - Ministerstwo Gospodarki - Ministerstwo Rozwoju Regionalnego - Ministerstwo Kultury i Dziedzictwa Narodowego - Ministerstwo Edukacji Narodowej - Ministerstwo Obrony Narodowej - Ministerstwo Rolnictwa i Rozwoju Wsi - Ministerstwo Skarbu Państwa - Ministerstwo Sprawiedliwości - Ministerstwo Infrastruktury - Ministerstwo Nauki i Szkolnictwa Wyższego - Ministerstwo Środowiska - Ministerstwo Spraw Wewnętrznych i Administracji - Ministerstwo Spraw Zagranicznych - Ministerstwo Zdrowia - Ministerstwo Sportu i Turystyki - Urząd Komitetu Integracji Europejskiej - Urząd Patentowy Rzeczypospolitej Polskiej - Urząd Regulacji Energetyki - Urząd do Spraw Kombatantów i Osób Represjonowanych - Urząd Transportu Kolejowego - Urząd Dozoru Technicznego - Urząd Rejestracji Produktów Leczniczych, Wyrobów Medycznych i Produktów Biobójczych - Urząd do Spraw Repatriacji i Cudzoziemców - Urząd Zamówień Publicznych - Urząd Ochrony Konkurencji i Konsumentów - Urząd Lotnictwa Cywilnego - Urząd Komunikacji Elektronicznej - Wyższy Urząd Górniczy - Główny Urząd Miar - Główny Urząd Geodezji i Kartografii - Główny Urząd Nadzoru Budowlanego - Główny Urząd Statystyczny - Krajowa Rada Radiofonii i Telewizji - Generalny Inspektor Ochrony Danych Osobowych - Państwowa Komisja Wyborcza - Państwowa Inspekcja Pracy - Rządowe Centrum Legislacji - Narodowy Fundusz Zdrowia - Polska Akademia Nauk - Polskie Centrum Akredytacji - Polskie Centrum Badań i Certyfikacji - Polska Organizacja Turystyczna - Polski Komitet Normalizacyjny - Zakład Ubezpieczeń Społecznych - Komisja Nadzoru Finansowego - Naczelna Dyrekcja Archiwów Państwowych - Kasa Rolniczego Ubezpieczenia Społecznego - Generalna Dyrekcja Dróg Krajowych i Autostrad - Państwowa Inspekcja Ochrony Roślin i Nasiennictwa - Komenda Główna Państwowej Straży Pożarnej - Komenda Główna Policji - Komenda Główna Straży Granicznej - Inspekcja Jakości Handlowej Artykułów Rolno-Spożywczych - Główny Inspektorat Ochrony Środowiska - Główny Inspektorat Transportu Drogowego - Główny Inspektorat Farmaceutyczny - Główny Inspektorat Sanitarny - Główny Inspektorat Weterynarii - Agencja Bezpieczeństwa Wewnętrznego - Agencja Wywiadu - Agencja Mienia Wojskowego - Wojskowa Agencja Mieszkaniowa - Agencja Restrukturyzacji i Modernizacji Rolnictwa - Agencja Rynku Rolnego - Agencja Nieruchomości Rolnych - Państwowa Agencja Atomistyki - Polska Agencja Żeglugi Powietrznej - Polska Agencja Rozwiązywania Problemów Alkoholowych - Agencja Rezerw Materiałowych - Narodowy Bank Polski - Narodowy Fundusz Ochrony Środowiska i Gospodarki Wodnej - Państwowy Fundusz Rehabilitacji Osób Niepełnosprawnych - Instytut Pamięci Narodowej - Komisja Ścigania Zbrodni Przeciwko Narodowi Polskiemu - Rada Ochrony Pamięci Walk i Męczeństwa - Służba Celna Rzeczypospolitej Polskiej - Państwowe Gospodarstwo Leśne "Lasy Państwowe" - Polska Agencja Rozwoju Przedsiębiorczości - Urzędy wojewódzkie - Samodzielne Publiczne Zakłady Opieki Zdrowotnej, jeśli ich organem założycielskim jest minister, centralny organ administracji rządowej lub wojewoda Portugal - Presidência do Conselho de Ministros - Ministério das Finanças e da Administração Pública - Ministério da Defesa Nacional - Ministério dos Negócios Estrangeiros - Ministério da Administração Interna - Ministério da Justiça - Ministério da Economia e da Inovação - Ministério da Agricultura, Desenvolvimento Rural e Pescas - Ministério da Educação - Ministério da Ciência, Tecnologia e do Ensino Superior - Ministério da Cultura - Ministério da Saúde - Ministério do Trabalho e da Solidariedade Social - Ministério das Obras Públicas, Transportes e Comunicações - Ministério do Ambiente, do Ordenamento do Território e do Desenvolvimento Regional - Presidência da República - Tribunal Constitucional - Tribunal de Contas - Provedoria de Justiça Rumanía - Administraţia Prezidenţială - Senatul României - Camera Deputaţilor - Înalta Curte de Casaţie şi Justiţie - Curtea Constituţională - Consiliul Legislativ - Curtea de Conturi - Consiliul Superior al Magistraturii - Parchetul de pe lângă Înalta Curte de Casaţie şi Justiţie - Secretariatul General al Guvernului - Cancelaria Primului-Ministru - Ministerul Afacerilor Externe - Ministerul Economiei şi Finanţelor - Ministerul Justiţiei - Ministerul Apărării - Ministerul Internelor şi Reformei Administrative - Ministerul Muncii, Familiei şi Egalităţii de Șanse - Ministerul pentru Întreprinderi Mici şi Mijlocii, Comerţ, Turism şi Profesii Liberale - Ministerul Agriculturii şi Dezvoltării Rurale - Ministerul Transporturilor - Ministerul Dezvoltării, Lucrărilor Publice şi Locuinţei - Ministerul Educaţiei, Cercetării şi Tineretului - Ministerul Sănătăţii Publice - Ministerul Culturii şi Cultelor - Ministerul Comunicaţiilor şi Tehnologiei Informaţiei - Ministerul Mediului şi Dezvoltării Durabile - Serviciul Român de Informaţii - Serviciul de Informaţii Externe - Serviciul de Protecţie şi Pază - Serviciul de Telecomunicaţii Speciale - Consiliul Naţional al Audiovizualului - Consiliul Concurenţei (CC) - Direcţia Naţională Anticorupţie - Inspectoratul General de Poliţie - Autoritatea Naţională pentru Reglementarea şi Monitorizarea Achiziţiilor Publice - Consiliul Naţional de Soluţionare a Contestaţiilor - Autoritatea Naţională de Reglementare pentru Serviciile Comunitare de utilităţi publice (ANRSC) - Autoritatea Naţională Sanitară Veterinară şi pentru Siguranţa Alimentelor - Autoritatea Naţională pentru Protecţia Consumatorilor - Autoritatea Navală Română - Autoritatea Feroviară Română - Autoritatea Rutieră Română - Autoritatea Naţională pentru Protecţia Drepturilor Copilului - Autoritatea Naţională pentru Persoanele cu Handicap - Autoritatea Naţională pentru Turism - Autoritatea Naţională pentru Restituirea Proprietăţilor - Autoritatea Naţională pentru Tineret - Autoritatea Naţională pentru Cercetare Stiinţifică - Autoritatea Naţională pentru Reglementare în Comunicaţii şi Tehnologia Informaţiei - Autoritatea Naţională pentru Serviciile Societăţii Informaţionale - Autoritatea Electorală Permanentă - Agenţia pentru Strategii Guvernamentale - Agenţia Naţională a Medicamentului - Agenţia Naţională pentru Sport - Agenţia Naţională pentru Ocuparea Forţei de Muncă - Agenţia Naţională de Reglementare în Domeniul Energiei - Agenţia Română pentru Conservarea Energiei - Agenţia Naţională pentru Resurse Minerale - Agenţia Română pentru Investiţii Străine - Agenţia Naţională pentru Întreprinderi Mici şi Mijlocii şi Cooperaţie - Agenţia Naţională a Funcţionarilor Publici - Agenţia Naţională de Administrare Fiscală - Agenţia de Compensare pentru Achiziţii de Tehnică Specială - Agenţia Naţională Anti-doping - Agenţia Nucleară - Agenţia Naţională pentru Protecţia Familiei - Agenţia Naţională pentru Egalitatea de Șanse între Bărbaţi şi Femei - Agenţia Naţională pentru Protecţia Mediului - Agenţia Naţională Antidrog Eslovenia - Predsednik Republike Slovenije - Drņavni zbor Republike Slovenije - Drņavni svet Republike Slovenije - Varuh človekovih pravic - Ustavno sodińče Republike Slovenije - Računsko sodińče Republike Slovenije - Drņavna revizijska komisja za revizijo postopkov oddaje javnih naročil - Slovenska akademija znanosti in umetnosti - Vladne sluņbe - Ministrstvo za finance - Ministrstvo za notranje zadeve - Ministrstvo za zunanje zadeve - Ministrstvo za obrambo - Ministrstvo za pravosodje - Ministrstvo za gospodarstvo - Ministrstvo za kmetijstvo, gozdarstvo in prehrano - Ministrstvo za promet - Ministrstvo za okolje in, prostor - Ministrstvo za delo, druņino in socialne zadeve - Ministrstvo za zdravje - Ministrstvo za javno upravo - Ministrstvo za ńolstvo in ńport - Ministrstvo za visoko ńolstvo, znanost in tehnologijo - Ministrstvo za kulturo - Vrhovno sodińče Republike Slovenije - vińja sodińča - okroņna sodińča - okrajna sodińča - Vrhovno drņavno toņilstvo Republike Slovenije - okroņna drņavna toņilstva - Drņavno pravobranilstvo - Upravno sodińče Republike Slovenije - Vińje delovno in socialno sodińče - delovna sodińča - Davčna uprava Republike Slovenije - Carinska uprava Republike Slovenije - Urad Republike Slovenije za preprečevanje pranja denarja - Urad Republike Slovenije za nadzor prirejanja iger na srečo - Uprava Republike Slovenije za javna plačila - Urad Republike Slovenije za nadzor proračuna - Policija - Inńpektorat Republike Slovenije za notranje zadeve - General ńtab Slovenske vojske - Uprava Republike Slovenije za zańčito in reńevanje - Inńpektorat Republike Slovenije za obrambo - Inńpektorat Republike Slovenije za varstvo pred naravnimi in drugimi nesrečami - Uprava Republike Slovenije za izvrńevanje kazenskih sankcij - Urad Republike Slovenije za varstvo konkurence - Urad Republike Slovenije za varstvo potrońnikov - Trņni inńpektorat Republike Slovenije - Urad Republike Slovenije za intelektualno lastnino - Inńpektorat Republike Slovenije za elektronske komunikacije, elektronsko podpisovanje in pońto - Inńpektorat za energetiko in rudarstvo - Agencija Republike Slovenije za kmetijske trge in razvoj podeņelja - Inńpektorat Republike Slovenije za kmetijstvo, gozdarstvo in hrano - Fitosanitarna uprava Republike Slovenije - Veterinarska uprava Republike Slovenije - Uprava Republike Slovenije za pomorstvo - Direkcija Republike Slovenije za caste - Prometni inńpektorat Republike Slovenije - Direkcija za vodenje investicij v javno ņeleznińko infrastrukturo - Agencija Republike Slovenije za okolje - Geodetska uprava Republike Slovenije - Uprava Republike Slovenije za jedrsko varstvo - Inńpektorat Republike Slovenije za okolje in prostor - Inńpektorat Republike Slovenije za delo - Zdravstveni inńpektorat - Urad Republike Slovenije za kemikalije - Uprava Republike Slovenije za varstvo pred sevanji - Urad Republike Slovenije za meroslovje - Urad za visoko ńolstvo - Urad Republike Slovenije za mladino - Inńpektorat Republike Slovenije za ńolstvo in ńport - Arhiv Republike Slovenije - Inńpektorat Republike Slovenije za kulturo in medije - Kabinet predsednika Vlade Republike Slovenije - Generalni sekretariat Vlade Republike Slovenije - Sluņba vlade za zakonodajo - Sluņba vlade za evropske zadeve - Sluņba vlade za lokalno samoupravo in regionalno politiko - Urad vlade za komuniciranje - Urad za enake moņnosti - Urad za verske skupnosti - Urad za narodnosti - Urad za makroekonomske analize in razvoj - Statistični urad Republike Slovenije - Slovenska obveńčevalno-varnostna agencija - Protokol Republike Slovenije - Urad za varovanje tajnih podatkov - Urad za Slovence v zamejstvu in po svetu - Sluņba Vlade Republike Slovenije za razvoj - Informacijski pooblańčenec - Drņavna volilna komisija Eslovaquia Ministerios y otras autoridades de gobierno central indicadas como tales en la Ley nº 575/2001 Coll. sobre la estructura de las actividades del Gobierno y las autoridades de la Administración central del Estado, en la redacción de disposiciones posteriores:

- Kancelária prezidenta Slovenskej republiky - Národná rada Slovenskej republiky - Ministerstvo hospodárstva Slovenskej republiky - Ministerstvo financií Slovenskej republiky - Ministerstvo dopravy, pôńt a telekomunikácií Slovenskej republiky - Ministerstvo pôdohospodárstva Slovenskej republiky - Ministerstvo výstavby a regionálneho rozvoja Slovenskej republiky - Ministerstvo vnútra Slovenskej republiky - Ministerstvo obrany Slovenskej republiky - Ministerstvo spravodlivosti Slovenskej republiky - Ministerstvo zahraničných vecí Slovenskej republiky - Ministerstvo práce, sociálnych vecí a rodiny Slovenskej republiky - Ministerstvo ņivotného prostredia Slovenskej republiky - Ministerstvo ńkolstva Slovenskej republiky - Ministerstvo kultúry Slovenskej republiky - Ministerstvo zdravotníctva Slovenskej republiky - Úrad vlády Slovenskej republiky - Protimonopolný úrad Slovenskej republiky - Ńtatistický úrad Slovenskej republiky - Úrad geodézie, kartografie a katastra Slovenskej republiky - Úrad jadrového dozoru Slovenskej republiky - Úrad pre normalizáciu, metrológiu a skúńobníctvo Slovenskej republiky - Úrad pre verejné obstarávanie - Úrad priemyselného vlastníctva Slovenskej republiky - Správa ńtátnych hmotných rezerv Slovenskej republiky - Národný bezpečnostný úrad - Ústavný súd Slovenskej republiky - Najvyńńí súd Slovenskej republiky - Generálna prokuratúra Slovenskej republiky - Najvyńńí kontrolný úrad Slovenskej republiky - Telekomunikačný úrad Slovenskej republiky - Úrad pre finančný trh - Úrad na ochranu osobných údajov Slovenskej republiky - Kancelária verejného ochrancu práv Finlandia - Oikeuskanslerinvirasto - Justitiekanslersämbetet - Liikenne- Ja Viestintäministeriö - Kommunikationsministeriet - Ajoneuvohallintokeskus AKE - Fordonsförvaltningscentralen AKE - Ilmailuhallinto - Luftfartsförvaltningen - Ilmatieteen laitos - Meteorologiska institutet - Merenkulkulaitos - Sjöfartsverket - Merentutkimuslaitos - Havsforskningsinstitutet - Ratahallintokeskus RHK - Banförvaltningscentralen RHK - Rautatievirasto - Järnvägsverket - Tiehallinto - Vägförvaltningen - Viestintävirasto - Kommunikationsverket - Maa- Ja Metsätalousministeriö - Jord- Och Skogsbruksministeriet - Elintarviketurvallisuusvirasto - Livsmedelssäkerhetsverket - Maanmittauslaitos - Lantmäteriverket - Maaseutuvirasto - Landsbygdsverket - Oikeusministeriö - Justitieministeriet - Tietosuojavaltuutetun toimisto - Dataombudsmannens byrå - Tuomioistuimet - domstolar - Korkein oikeus - Högsta domstolen - Korkein hallinto-oikeus - Högsta förvaltningsdomstolen - Hovioikeudet - hovrätter - Käräjäoikeudet - tingsrätter - Hallinto-oikeudet -förvaltningsdomstolar - Markkinaoikeus - Marknadsdomstolen - Työtuomioistuin - Arbetsdomstolen - Vakuutusoikeus - Försäkringsdomstolen - Kuluttajariitalautakunta - Konsumenttvistenämnden - Vankeinhoitolaitos - Fångvårdsväsendet - HEUNI - Yhdistyneiden Kansakuntien yhteydessä toimiva Euroopan kriminaalipolitiikan instituutti - HEUNI - Europeiska institutet för kriminalpolitik, verksamt i anslutning till Förenta Nationerna - Konkurssiasiamiehen toimisto - Konkursombudsmannens byrå - Kuluttajariitalautakunta - Konsumenttvistenämnden - Oikeushallinnon palvelukeskus - Justitieförvaltningens servicecentral - Oikeushallinnon tietotekniikkakeskus - Justitieförvaltningens datateknikcentral - Oikeuspoliittinen tutkimuslaitos (Optula) - Rättspolitiska forskningsinstitutet - Oikeusrekisterikeskus - Rättsregistercentralen - Onnettomuustutkintakeskus - Centralen för undersökning av olyckor - Rikosseuraamusvirasto - Brottspåföljdsverket - Rikosseuraamusalan koulutuskeskus - Brottspåföljdsområdets utbildningscentral - Rikoksentorjuntaneuvosto Rådet för brottsförebyggande - Saamelaiskäräjät - Sametinget - Valtakunnansyyttäjänvirasto - Riksåklagarämbetet - Vankeinhoitolaitos - Fångvårdsväsendet - Opetusministeriö - Undervisningsministeriet - Opetushallitus - Utbildningsstyrelsen - Valtion elokuvatarkastamo - Statens filmgranskningsbyrå - Puolustusministeriö - Försvarsministeriet - Puolustusvoimat - Försvarsmakten - Sisäasiainministeriö - Inrikesministeriet - Väestörekisterikeskus - Befolkningsregistercentralen - Keskusrikospoliisi - Centralkriminalpolisen - Liikkuva poliisi - Rörliga polisen - Rajavartiolaitos - Gränsbevakningsväsendet - Lääninhallitukset - Länstyrelserna - Suojelupoliisi - Skyddspolisen - Poliisiammattikorkeakoulu - Polisyrkeshögskolan - Poliisin tekniikkakeskus - Polisens teknikcentral - Poliisin tietohallintokeskus - Polisens datacentral - Helsingin kihlakunnan poliisilaitos - Polisinrättningen i Helsingfors - Pelastusopisto - Räddningsverket - Hätäkeskuslaitos - Nödcentralsverket - Maahanmuuttovirasto - Migrationsverket - Sisäasiainhallinnon palvelukeskus - Inrikesförvaltningens servicecentral - Sosiaali- Ja Terveysministeriö - Social- Och Hälsovårdsministeriet - Työttömyysturvan muutoksenhakulautakunta - Besvärsnämnden för utkomstskyddsärenden - Sosiaaliturvan muutoksenhakulautakunta - Besvärsnämnden för socialtrygghet - Lääkelaitos - Läkemedelsverket - Terveydenhuollon oikeusturvakeskus - Rättsskyddscentralen för hälsovården - Säteilyturvakeskus - Strålsäkerhetscentralen - Kansanterveyslaitos - Folkhälsoinstitutet - Lääkehoidon kehittämiskeskus ROHTO - Utvecklingscentralen för läkemedelsbe-handling - Sosiaali- ja terveydenhuollon tuotevalvontakeskus - Social- och hälsovårdens produkttill-synscentral - Sosiaali- ja terveysalan tutkimus- ja kehittämiskeskus Stakes - Forsknings- och utvecklingscentralen för social- och hälsovården Stakes - Vakuutusvalvontavirasto - Försäkringsinspektionen - Työ- Ja Elinkeinoministeriö - Arbets- Och Näringsministeriet - Kuluttajavirasto - Konsumentverket - Kilpailuvirasto - Konkurrensverket - Patentti- ja rekisterihallitus - Patent- och registerstyrelsen - Valtakunnansovittelijain toimisto - Riksförlikningsmännens byrå - Valtion turvapaikanhakijoiden vastaanottokeskukset- Statliga förläggningar för asylsökande - Energiamarkkinavirasto − Energimarknadsverket - Geologian tutkimuskeskus - Geologiska forskningscentralen - Huoltovarmuuskeskus - Försörjningsberedskapscentralen - Kuluttajatutkimuskeskus - Konsumentforskningscentralen - Matkailun edistämiskeskus (MEK) - Centralen för turistfrämjande - Mittatekniikan keskus (MIKES) - Mätteknikcentralen - Tekes - teknologian ja innovaatioiden kehittämiskeskus −Tekes - utvecklingscentralen för teknologi och innovationer - Turvatekniikan keskus (TUKES) - Säkerhetsteknikcentralen - Valtion teknillinen tutkimuskeskus (VTT) - Statens tekniska forskningscentral - Syrjintälautakunta - Nationella diskrimineringsnämnden - Työneuvosto - Arbetsrådet - Vähemmistövaltuutetun toimisto - Minoritetsombudsmannens byrå - Ulkoasiainministeriö - Utrikesministeriet - Valtioneuvoston Kanslia - Statsrådets Kansli - Valtiovarainministeriö - Finansministeriet - Valtiokonttori - Statskontoret - Verohallinto - Skatteförvaltningen - Tullilaitos - Tullverket - Tilastokeskus - Statistikcentralen - Valtiontaloudellinen tutkimuskeskus - Statens ekonomiska forskiningscentral - Ympäristöministeriö - Miljöministeriet - Suomen ympäristökeskus - Finlands miljöcentral - Asumisen rahoitus- ja kehityskeskus - Finansierings- och utvecklingscentralen för boendet - Valtiontalouden Tarkastusvirasto - Statens Revisionsverk Suecia A - Affärsverket svenska kraftnät - Akademien för de fria konsterna - Alkohol- och läkemedelssortiments-nämnden - Allmänna pensionsfonden - Allmänna reklamationsnämnden - Ambassader - Ansvarsnämnd, statens - Arbetsdomstolen - Arbetsförmedlingen - Arbetsgivarverk, statens - Arbetslivsinstitutet - Arbetsmiljöverket - Arkitekturmuseet - Arrendenämnder - Arvsfondsdelegationen B - Banverket - Barnombudsmannen - Beredning för utvärdering av medicinsk metodik, statens - Bergsstaten - Biografbyrå, statens - Biografiskt lexikon, svenskt - Birgittaskolan - Blekinge tekniska högskola - Bokföringsnämnden - Bolagsverket - Bostadsnämnd, statens - Bostadskreditnämnd, statens - Boverket - Brottsförebyggande rådet - Brottsoffermyndigheten C - Centrala studiestödsnämnden D - Danshögskolan - Datainspektionen - Departementen - Domstolsverket - Dramatiska institutet E - Ekeskolan - Ekobrottsmyndigheten - Ekonomistyrningsverket - Ekonomiska rådet - Elsäkerhetsverket - Energimarknadsinspektionen - Energimyndighet, statens - EU/FoU-rådet - Exportkreditnämnden - Exportråd, Sveriges F - Fastighetsmäklarnämnden - Fastighetsverk, statens - Fideikommissnämnden - Finansinspektionen - Finanspolitiska rådet - Finsk-svenska gränsälvskommissionen - Fiskeriverket - Flygmedicincentrum - Folkhälsoinstitut, statens - Fonden för fukt- och mögelskador - Forskningsrådet för miljö, areella näringar och samhällsbyggande, Formas - Folke Bernadotte Akademin - Forskarskattenämnden - Forskningsrådet för arbetsliv och socialvetenskap - Fortifikationsverket - Forum för levande historia - Försvarets materielverk - Försvarets radioanstalt - Försvarets underrättelsenämnd - Försvarshistoriska museer, statens - Försvarshögskolan - Försvarsmakten - Försäkringskassan G - Gentekniknämnden - Geologiska undersökning - Geotekniska institut, statens - Giftinformationscentralen - Glesbygdsverket - Grafiska institutet och institutet för högre kommunikation- och reklamutbildning - Granskningsnämnden för radio och TV - Granskningsnämnden för försvarsuppfinningar - Gymnastik- och Idrottshögskolan - Göteborgs universitet H - Handelsflottans kultur- och fritidsråd - Handelsflottans pensionsanstalt - Handelssekreterare - Handelskamrar, auktoriserade - Handikappombudsmannen - Handikappråd, statens - Harpsundsnämnden - Haverikommission, statens - Historiska museer, statens - Hjälpmedelsinstitutet - Hovrätterna - Hyresnämnder - Häktena - Hälso- och sjukvårdens ansvarsnämnd - Högskolan Dalarna - Högskolan i Borås - Högskolan i Gävle - Högskolan i Halmstad - Högskolan i Kalmar - Högskolan i Karlskrona/Ronneby - Högskolan i Kristianstad - Högskolan i Skövde - Högskolan i Trollhättan/Uddevalla - Högskolan på Gotland - Högskolans avskiljandenämnd - Högskoleverket - Högsta domstolen I - ILO kommittén - Inspektionen för arbetslöshetsförsäkringen - Inspektionen för strategiska produkter - Institut för kommunikationsanalys, statens - Institut för psykosocial medicin, statens - Institut för särskilt utbildningsstöd, statens - Institutet för arbetsmarknadspolitisk utvärdering - Institutet för rymdfysik - Institutet för tillväxtpolitiska studier - Institutionsstyrelse, statens - Insättningsgarantinämnden - Integrationsverket - Internationella programkontoret för utbildningsområdet J - Jordbruksverk, statens - Justitiekanslern - Jämställdhetsombudsmannen - Jämställdhetsnämnden - Järnvägar, statens - Järnvägsstyrelsen K - Kammarkollegiet - Kammarrätterna - Karlstads universitet - Karolinska Institutet - Kemikalieinspektionen - Kommerskollegium - Konjunkturinstitutet - Konkurrensverket - Konstfack - Konsthögskolan - Konstnärsnämnden - Konstråd, statens - Konsulat - Konsumentverket - Krigsvetenskapsakademin - Krigsförsäkringsnämnden - Kriminaltekniska laboratorium, statens - Kriminalvården - Krisberedskapsmyndigheten - Kristinaskolan - Kronofogdemyndigheten - Kulturråd, statens - Kungl. Biblioteket - Kungl. Konsthögskolan - Kungl. Musikhögskolan i Stockholm - Kungl. Tekniska högskolan - Kungl. Vitterhets-, historie- och antikvitetsakademien - Kungl Vetenskapsakademin - Kustbevakningen - Kvalitets- och kompetensråd, statens - Kärnavfallsfondens styrelse L - Lagrådet - Lantbruksuniversitet, Sveriges - Lantmäteriverket - Linköpings universitet - Livrustkammaren, Skoklosters slott och Hallwylska museet - Livsmedelsverk, statens - Livsmedelsekonomiska institutet - Ljud- och bildarkiv, statens - Lokala säkerhetsnämnderna vid kärnkraftverk - Lotteriinspektionen - Luftfartsverket - Luftfartsstyrelsen - Luleå tekniska universitet - Lunds universitet - Läkemedelsverket - Läkemedelsförmånsnämnden - Länsrätterna - Länsstyrelserna - Lärarhögskolan i Stockholm M - Malmö högskola - Manillaskolan - Maritima muséer, statens - Marknadsdomstolen - Medlingsinstitutet - Meteorologiska och hydrologiska institut, Sveriges - Migrationsverket - Militärhögskolor - Mittuniversitetet - Moderna museet - Museer för världskultur, statens - Musikaliska Akademien - Musiksamlingar, statens - Myndigheten för handikappolitisk samordning - Myndigheten för internationella adoptionsfrågor - Myndigheten för skolutveckling - Myndigheten för kvalificerad yrkesutbildning - Myndigheten för nätverk och samarbete inom högre utbildning - Myndigheten för Sveriges nätuniversitet - Myndigheten för utländska investeringar i Sverige - Mälardalens högskola N - Nationalmuseum - Nationellt centrum för flexibelt lärande - Naturhistoriska riksmuseet - Naturvårdsverket - Nordiska Afrikainstitutet - Notarienämnden - Nämnd för arbetstagares uppfinningar, statens - Nämnden för statligt stöd till trossamfund - Nämnden för styrelserepresentationsfrågor - Nämnden mot diskriminering - Nämnden för elektronisk förvaltning - Nämnden för RH anpassad utbildning - Nämnden för hemslöjdsfrågor O - Oljekrisnämnden - Ombudsmannen mot diskriminering på grund av sexuell läggning - Ombudsmannen mot etnisk diskriminering - Operahögskolan i Stockholm P - Patent- och registreringsverket - Patentbesvärsrätten - Pensionsverk, statens - Personregisternämnd statens, SPAR-nämnden - Pliktverk, Totalförsvarets - Polarforskningssekretariatet - Post- och telestyrelsen - Premiepensionsmyndigheten - Presstödsnämnden R - Radio- och TV-verket - Rederinämnden - Regeringskansliet - Regeringsrätten - Resegarantinämnden - Registernämnden - Revisorsnämnden - Riksantikvarieämbetet - Riksarkivet - Riksbanken - Riksdagsförvaltningen - Riksdagens ombudsmän - Riksdagens revisorer - Riksgäldskontoret - Rikshemvärnsrådet - Rikspolisstyrelsen - Riksrevisionen - Rikstrafiken - Riksutställningar, Stiftelsen - Riksvärderingsnämnden - Rymdstyrelsen - Rådet för Europeiska socialfonden i Sverige - Räddningsverk, statens - Rättshjälpsmyndigheten - Rättshjälpsnämnden - Rättsmedicinalverket S - Samarbetsnämnden för statsbidrag till trossamfund - Sameskolstyrelsen och sameskolor - Sametinget - SIS, Standardiseringen i Sverige - Sjöfartsverket - Skatterättsnämnden - Skatteverket - Skaderegleringsnämnd, statens - Skiljenämnden i vissa trygghetsfrågor - Skogsstyrelsen - Skogsvårdsstyrelserna - Skogs och lantbruksakademien - Skolverk, statens - Skolväsendets överklagandenämnd - Smittskyddsinstitutet - Socialstyrelsen - Specialpedagogiska institutet - Specialskolemyndigheten - Språk- och folkminnesinstitutet - Sprängämnesinspektionen - Statistiska centralbyrån - Statskontoret - Stockholms universitet - Stockholms internationella miljöinstitut - Strålsäkerhetsmyndigheten - Styrelsen för ackreditering och teknisk kontroll - Styrelsen för internationellt utvecklingssamarbete, SIDA - Styrelsen för Samefonden - Styrelsen för psykologiskt försvar - Stängselnämnden - Svenska institutet - Svenska institutet för europapolitiska studier - Svenska ESF rådet - Svenska Unescorådet - Svenska FAO kommittén - Svenska Språknämnden - Svenska Skeppshypotekskassan - Svenska institutet i Alexandria - Sveriges författarfond - Säkerhetspolisen - Säkerhets- och integritetsskyddsnämnden - Södertörns högskola T - Taltidningsnämnden - Talboks- och punktskriftsbiblioteket - Teaterhögskolan i Stockholm - Tingsrätterna - Tjänstepensions och grupplivnämnd, statens - Tjänsteförslagsnämnden för domstolsväsendet - Totalförsvarets forskningsinstitut - Totalförsvarets pliktverk - Tullverket - Turistdelegationen U - Umeå universitet - Ungdomsstyrelsen - Uppsala universitet - Utlandslönenämnd, statens - Utlänningsnämnden - Utrikesförvaltningens antagningsnämnd - Utrikesnämnden - Utsädeskontroll, statens V - Valideringsdelegationen - Valmyndigheten - Vatten- och avloppsnämnd, statens - Vattenöverdomstolen - Verket för förvaltningsutveckling - Verket för högskoleservice - Verket för innovationssystem (VINNOVA) - Verket för näringslivsutveckling (NUTEK) - Vetenskapsrådet - Veterinärmedicinska anstalt, statens - Veterinära ansvarsnämnden - Väg- och transportforskningsinstitut, statens - Vägverket - Vänerskolan - Växjö universitet - Växtsortnämnd, statens Å - Åklagarmyndigheten - Åsbackaskolan Ö - Örebro universitet - Örlogsmannasällskapet - Östervångsskolan - Överbefälhavaren - Överklagandenämnden för högskolan - Överklagandenämnden för nämndemanna-uppdrag - Överklagandenämnden för studiestöd - Överklagandenämnden för totalförsvaret Reino Unido - Cabinet Office - Office of the Parliamentary Counsel - Central Office of Information - Charity Commission - Crown Estate Commissioners (Únicamente el voto del gasto) - Crown Prosecution Service - Department for Business, Enterprise and Regulatory Reform - Competition Commission - Gas and Electricity Consumers' Council - Office of Manpower Economics - Department for Children, Schools and Families - Department of Communities and Local Government - Rent Assessment Panels - Department for Culture, Media and Sport - British Library - British Museum - Commission for Architecture and the Built Environment - The Gambling Commission - Historic Buildings and Monuments Commission for England (English Heritage) - Imperial War Museum - Museums, Libraries and Archives Council - National Gallery - National Maritime Museum - National Portrait Gallery - Natural History Museum - Science Museum - Tate Gallery - Victoria and Albert Museum - Wallace Collection - Department for Environment, Food and Rural Affairs - Agricultural Dwelling House Advisory Committees - Agricultural Land Tribunals - Agricultural Wages Board and Committees - Cattle Breeding Centre - Countryside Agency - Plant Variety Rights Office - Royal Botanic Gardens, Kew - Royal Commission on Environmental Pollution - Department of Health - Dental Practice Board - National Health Service Strategic Health Authorities - NHS Trusts - Prescription Pricing Authority - Department for Innovation, Universities and Skills - Higher Education Funding Council for England - National Weights and Measures Laboratory - Patent Office - Department for International Development - Department of the Procurator General and Treasury Solicitor - Legal Secretariat to the Law Officers - Department for Transport - Maritime and Coastguard Agency - Department for Work and Pensions - Disability Living Allowance Advisory Board - Independent Tribunal Service - Medical Boards and Examining Medical Officers (Pensiones de Guerra) - Occupational Pensions Regulatory Authority - Regional Medical Service - Social Security Advisory Committee - Export Credits Guarantee Department - Foreign and Commonwealth Office - Wilton Park Conference Centre - Government Actuary's Department - Government Communications Headquarters - Home Office - HM Inspectorate of Constabulary - House of Commons - House of Lords - Ministry of Defence - Defence Equipment & Support - Meteorological Office - Ministry of Justice - Boundary Commission for England - Combined Tax Tribunal - Council on Tribunals - Court of Appeal - Criminal - Employment Appeals Tribunal - Employment Tribunals - HMCS Regions, Crown, County and Combined Courts (Inglaterra y Gales) - Immigration Appellate Authorities - Immigration Adjudicators - Immigration Appeals Tribunal - Lands Tribunal - Law Commission - Legal Aid Fund (Inglaterra y Gales) - Office of the Social Security Commissioners - Parole Board and Local Review Committees - Pensions Appeal Tribunals - Public Trust Office - Supreme Court Group (Inglaterra y Gales) - Transport Tribunal - The National Archives - National Audit Office - National Savings and Investments - National School of Government - Northern Ireland Assembly Commission - Northern Ireland Court Service - Coroners Courts - County Courts - Court of Appeal and High Court of Justice in Northern Ireland - Crown Court - Enforcement of Judgements Office - Legal Aid Fund - Magistrates' Courts - Pensions Appeals Tribunals - Northern Ireland, Department for Employment and Learning - Northern Ireland, Department for Regional Development - Northern Ireland, Department for Social Development - Northern Ireland, Department of Agriculture and Rural Development - Northern Ireland, Department of Culture, Arts and Leisure - Northern Ireland, Department of Education - Northern Ireland, Department of Enterprise, Trade and Investment - Northern Ireland, Department of the Environment - Northern Ireland, Department of Finance and Personnel - Northern Ireland, Department of Health, Social Services and Public Safety - Northern Ireland, Office of the First Minister and Deputy First Minister - Northern Ireland Office - Crown Solicitor's Office - Department of the Director of Public Prosecutions for Northern Ireland - Forensic Science Laboratory of Northern Ireland - Office of the Chief Electoral Officer for Northern Ireland - Police Service of Northern Ireland - Probation Board for Northern Ireland - State Pathologist Service - Office of Fair Trading - Office for National Statistics - National Health Service Central Register - Office of the Parliamentary Commissioner for Administration and Health Service Commissioners - Paymaster General's Office - Postal Business of the Post Office - Privy Council Office - Public Record Office - HM Revenue and Customs - The Revenue and Customs Prosecutions Office - Royal Hospital, Chelsea - Royal Mint - Rural Payments Agency - Scotland, Auditor-General - Scotland, Crown Office and Procurator Fiscal Service - Scotland, General Register Office - Scotland, Queen's and Lord Treasurer's Remembrancer - Scotland, Registers of Scotland - The Scotland Office - The Scottish Ministers - Architecture and Design Scotland - Crofters Commission - Deer Commission for Scotland - Lands Tribunal for Scotland - National Galleries of Scotland - National Library of Scotland - National Museums of Scotland - Royal Botanic Garden, Edinburgh - Royal Commission on the Ancient and Historical Monuments of Scotland - Scottish Further and Higher Education Funding Council - Scottish Law Commission - Community Health Partnerships - Special Health Boards - Health Boards - The Office of the Accountant of Court - High Court of Justiciary - Court of Session - HM Inspectorate of Constabulary - Parole Board for Scotland - Pensions Appeal Tribunals - Scottish Land Court - Sheriff Courts - Scottish Police Services Authority - Office of the Social Security Commissioners - The Private Rented Housing Panel and Private Rented Housing Committees - Keeper of the Records of Scotland - The Scottish Parliamentary Body Corporate - HM Treasury - Office of Government Commerce - United Kingdom Debt Management Office - The Wales Office (Oficina del Secretario de Estado para Gales) - The Welsh Ministers - Higher Education Funding Council for Wales - Local Government Boundary Commission for Wales - The Royal Commission on the Ancient and Historical Monuments of Wales - Valuation Tribunals (Gales) - Welsh National Health Service Trusts and Local Health Boards - Welsh Rent Assessment Panels LISTA DE SUMINISTROS Y EQUIPOS ADQUIRIDOS POR LOS MINISTERIOS DE DEFENSA Y AGENCIAS PARA LAS ACTIVIDADES DE DEFENSA O SEGURIDAD EN BÉLGICA, BULGARIA, REPÚBLICA CHECA, DINAMARCA, ALEMANIA, ESTONIA, GRECIA, ESPAÑA, FRANCIA, IRLANDA, ITALIA, CHIPRE, LETONIA, LITUANIA, LUXEMBURGO, HUNGRÍA, MALTA, PAÍSES BAJOS, AUSTRIA, POLONIA, PORTUGAL, RUMANIA, ESLOVENIA, ESLOVAQUIA, FINLANDIA, SUECIA Y EL REINO UNIDO CUBIERTOS POR ESTE TÍTULO

Capítulo 27: Combustibles minerales, aceites minerales y productos de su destilación; materias bituminosas y ceras minerales excepto:

ex 27.10: combustibles de motores especiales Capítulo 28: Productos químicos inorgánicos; productos inorgánicos u orgánicos de los metales preciosos, de los elementos radiactivos, de los metales de las tierras raras o preciosos excepto:

ex 28.09: explosivos ex 28.13: explosivos ex 28.14: gas lacrimógeno ex 28.28: explosivos ex 28.32: explosivos ex 28.39: explosivos ex 28.50: productos tóxicos ex 28.51: productos tóxicos ex 28.54: explosivos

excepto:

ex 29.03: explosivos ex 29.04: explosivos ex 29.07: explosivos ex 29.08: explosivos ex 29.11: explosivos ex 29.12: explosivos ex 29.13: productos tóxicos ex 29.14: productos tóxicos ex 29.15: productos tóxicos 29.21: productos tóxicos ex 29.22: productos tóxicos ex 29.23: productos tóxicos ex 29.26: explosivos ex 29.27: productos tóxicos ex 29.29: explosivos

Capítulo 32: Extractos curtientes o tintóreos, taninos y sus derivados, pigmentos y demás materias colorantes, pinturas y barnices, mástiques, tintas

Capítulo 34: Jabón, agentes de superficie orgánicos, preparaciones para lavar, preparaciones lubricantes, ceras artificiales, ceras preparadas, productos de limpieza, velas y artículos similares, pastas para modelar y ceras para odontología;

excepto:

ex 38.19: productos tóxicos

excepto:

ex 39.03: explosivos

excepto:

ex 40.11: neumáticos a prueba de balas

Capítulo 42: Manufacturas de cuero; artículos de guarnicionería o de talabartería, artículos de viaje, bolsos de mano y continentes similares, manufacturas de tripa (distintos a tripa de gusano de seda)

editorial, manuscritos, impresos y planos

artificiales; manufacturas de cabellos

Capítulo 71: Perlas finas o cultivadas, piedras preciosas o semipreciosas, metales preciosos, chapados de metales preciosos y manufacturas de estas materias; bisutería; monedas

Capítulo 82: Herramientas y útiles, artículos de cuchillería y cubiertos de mesa, de metales comunes, partes de estos artículos, de metales comunes excepto:

ex 82.05: herramientas ex 82.07: herramientas, partes

excepto:

ex 84.06: motores ex 84.08: otros motores ex 84.45: maquinaria ex 84.53: máquinas automáticas para procesamiento de datos ex 84.55: partes de motores bajo la partida nº 84.53 ex 84.59: reactores nucleares

excepto:

ex 85.13: equipo de telecomunicaciones ex 85.15: aparatos de transmisión Capítulo 86: Locomotoras de ferrocarril y de tranvía, material rodante y sus partes, accesorios para ferrocarriles y tranvías pistas y accesorios, equipos de señalización de todo tipo (no eléctricos), excepto:

ex 86.02: locomotoras blindadas, eléctricas ex 86.03: otras locomotoras blindadas ex 86.05: vagones blindados ex 86.06: vagones para reparaciones ex 86.07: vagones

excepto:

ex 87.08: tanques y otros vehículos blindados ex 87.01: tractores ex 87.02: vehículos similares ex 87.03: camiones para reparaciones ex 87.09: motocicletas ex 87.14: trailers

excepto:

ex 89.01 A: buques de guerra Capítulo 90: Instrumentos y aparatos de óptica, fotografía, cinematografía, medida, control, de precisión, médicos y quirúrgicos, y sus partes excepto:

ex 90.05: binoculares ex 90.13: instrumentos diversos, láseres ex 90.14: telémetros ex 90.28: instrumentos de medición eléctricos y electrónicos ex 90.11: microscopios ex 90.17: instrumentos médicos ex 90.18: aparatos de mecanoterapia ex 90.19: artículos ortopédicos ex 90.20: aparatos de rayos X

Capítulo 92: Instrumentos musicales, grabadores o reproductores de sonido, grabadores de imagen y sonido televisivo, partes y accesorios de esos artículos

excepto:

ex 94.01 A: asientos de aeronaves

ENTIDADES DE GOBIERNO SUB-CENTRAL QUE CONTRATAN DE CONFORMIDAD CON LAS DISPOSICIONES DEL TÍTULO V DE LA PARTE IV DEL PRESENTE ACUERDO A. LISTA DE COSTA RICA El título se aplica a las entidades de gobierno sub-central que contratan de conformidad con las disposiciones del presente Acuerdo, cuando el valor de la contratación sea igual o mayor a:

Mercancías Umbral: 355 000 DEG Servicios Especificados en la sección D Umbral: 355 000 DEG Servicios de construcción Especificados en la sección E Umbral: 5 000 000 DEG Lista de entidades 1. Municipalidad de Abangares 2. Municipalidad de Acosta 3. Municipalidad de Aguirre 4. Municipalidad de Alajuela 5. Municipalidad de Alajuelita 6. Municipalidad de Alfaro Ruiz 7. Municipalidad de Alvarado 8. Municipalidad de Aserrí 9. Municipalidad de Atenas 10. Municipalidad de Bagaces 11. Municipalidad de Barba 12. Municipalidad de Belén 13. Municipalidad de Buenos Aires 14. Municipalidad de Cañas 15. Municipalidad de Carrillo 16. Municipalidad de Cartago 17. Municipalidad de Corredores 18. Municipalidad de Coto Brus 19. Municipalidad de Curridabat 20. Municipalidad de Desamparados 21. Municipalidad de Dota 22. Municipalidad de El Guarco 23. Municipalidad de Escazú 24. Municipalidad de Esparza 25. Municipalidad de Flores 26. Municipalidad de Garabito 27. Municipalidad de Goicoechea 28. Municipalidad de Golfito 29. Municipalidad de Grecia 30. Municipalidad de Guácimo 31. Municipalidad de Guatuso 32. Municipalidad de Heredia 33. Municipalidad de Hojancha 34. Municipalidad de Jiménez 35. Municipalidad de La Cruz 36. Municipalidad de La Unión 37. Municipalidad de León Cortés 38. Municipalidad de Liberia 39. Municipalidad de Limón 40. Municipalidad de Los Chiles 41. Municipalidad de Matina 42. Municipalidad de Montes de Oca 43. Municipalidad de Montes de Oro 44. Municipalidad de Mora 45. Municipalidad de Moravia 46. Municipalidad de Nandayure 47. Municipalidad de Naranjo 48. Municipalidad de Nicoya 49. Municipalidad de Oreamuno 50. Municipalidad de Orotina 51. Municipalidad de Osa 52. Municipalidad de Palmares 53. Municipalidad de Paraíso 54. Municipalidad de Parrita 55. Municipalidad de Pérez Zeledón 56. Municipalidad de Poás 57. Municipalidad de Pococí 58. Municipalidad de Puntarenas 59. Municipalidad de Puriscal 60. Municipalidad de San Carlos 61. Municipalidad de San Isidro 62. Municipalidad de San José 63. Municipalidad de San Mateo 64. Municipalidad de San Pablo 65. Municipalidad de San Rafael 66. Municipalidad de San Ramón 67. Municipalidad de Santa Ana 68. Municipalidad de Santa Bárbara 69. Municipalidad de Santa Cruz 70. Municipalidad de Santo Domingo 71. Municipalidad de Sarapiquí 72. Municipalidad de Siquirres 73. Municipalidad de Talamanca 74. Municipalidad de Tarrazú 75. Municipalidad de Tibás 76. Municipalidad de Tilarán 77. Municipalidad de Turrialba 78. Municipalidad de Turrúbares 79. Municipalidad de Upala 80. Municipalidad de Valverde Vega 81. Municipalidad de Vásquez de Coronado B. LISTA DE EL SALVADOR El título se aplica a las entidades de gobierno sub-central que contratan de conformidad con las disposiciones del presente Acuerdo, cuando el valor de la contratación sea igual o mayor a:

Mercancías Umbrales: 355 000 DEG; o, para el período de tres años siguiente a la entrada en vigor del presente Acuerdo, 482 800 DEG.

Servicios Especificados en la sección D Umbrales: 355 000 DEG; o, para el período de tres años siguiente a la entrada en vigor del presente Acuerdo, 482.800 DEG.

Servicios de construcción Especificados en la sección E Umbrales: 5 000 000 DEG; o, para el período de tres años siguiente a la entrada en vigor del presente Acuerdo, 5 950 000 DEG.

Lista de entidades 1. Municipalidad de Santiago Texacuangos 2. Municipalidad de Sesori 3. Municipalidad de Nueva Guadalupe 4. Municipalidad de Ciudad Arce 5. Municipalidad de Santa Elena 6. Municipalidad de San Agustín 7. Municipalidad de Estanzuelas 8. Municipalidad de Mercedes Umaña 9. Municipalidad de Alegría 10. Municipalidad de Nueva Granada 11. Municipalidad de San Julián 12. Municipalidad de San Alejo 13. Municipalidad de Conchagua 14. Municipalidad de Bolívar 15. Municipalidad de San Rafael Obrajuelo 16. Municipalidad de Tejutla 17. Municipalidad de La Reina 18. Municipalidad de Mejicanos 19. Municipalidad de Ilopango 20. Municipalidad de Santa Ana 21. Municipalidad de Santa Tecla 22. Municipalidad de Sonsonate 23. Municipalidad de Acajutla 24. Municipalidad de La Unión 25. Municipalidad de San Salvador C. LISTA DE GUATEMALA 1. El título se aplica a las entidades de gobierno sub-central que contratan de conformidad con las disposiciones del presente Acuerdo, cuando el valor de la contratación sea igual o mayor a:

Mercancías Umbrales: 355 000 DEG; o, para el período de tres años siguientes a la entrada en vigor, 490 000 DEG.

Servicios Especificados en la sección D Umbrales: 355 000 DEG; o, para el período de tres años siguientes a la entrada en vigor, 490 000 DEG.

Servicios de construcción Especificados en la sección E Umbrales: 5 000 000 DEG; o para el periodo de tres años siguiente a la entrega en vigencia 6 000 000 DEG.

2. El título solo aplica a las entidades indicadas en la presente lista.

Lista de entidades Municipalidades Departamento de Guatemala 1. Fraijanes 2. San Juan Sacatepéquez 3. San Pedro Sacatepéquez 4. San Raymundo 5. San Pedro Ayampuc 6. Chinautla 7. Santa Catarina Pinula 8. Guatemala 9. Mixco 10. Villa Nueva El título no se aplica a contratación de servicios de construcción por entidades del Departamento de Guatemala.

Municipalidades Departamento de Quetzaltenango 11. Quetzaltenango 12. Coatepeque Municipalidades Departamento de Escuintla 13. Chiquimulilla 14. Santa Lucía Cotzumalguapa 15. Escuintla 16. Puerto de San José Municipalidades Departamento de Zacapa 17. Zacapa 18. Río Hondo 19. Teculután Municipalidades Departamento de Chiquimula 20. Chiquimula Municipalidades Departamento de El Quiché 21. Santa Cruz del Quiché Municipalidades Departamento de El Petén 22. Flores 23. San Benito Municipalidades Departamento de El Progreso 24. Guastatoya Municipalidades Departamento de Izabal 25. Puerto Barrios Municipalidades Departamento de Huehuetenango 26. Huehuetenango Municipalidades Departamento de Jalapa 27. Jalapa Municipalidades Departamento de Jutiapa 28. Jutiapa Municipalidades Departamento de Alta Verapaz 29. Cobán Municipalidades Departamento de Baja Verapaz 30. Salamá D. LISTA DE HONDURAS El título se aplica a las entidades de gobierno sub-central que contratan de conformidad con las disposiciones del presente Acuerdo, cuando el valor de la contratación sea igual o mayor a:

Mercancías Umbrales: 490 000 DEG para el segundo y tercer año siguientes a la fecha de entrada en vigor del presente Acuerdo, y después 355 000 DEG.

Servicios Especificados en la sección D Umbrales: 490 000 DEG para el segundo y tercer año siguientes a la fecha de entrada en vigor del presente Acuerdo, y después 355 000 DEG.

Servicios de construcción Especificados en la sección E Umbrales: 6 000 000 DEG para el segundo y tercer períodos anuales siguientes a la entrada en vigor del presente Acuerdo, y después 5 000 000 DEG.

El título solo aplica a las entidades indicadas en la presente lista.

Lista de entidades 1. Municipalidad de La Ceiba, Atlántida 2. Municipalidad de El Porvenir, Atlántida 3. Municipalidad de Esparta, Atlántida 4. Municipalidad de Jutiapa, Atlántida 5. Municipalidad de La Masica, Atlántida 6. Municipalidad de San Francisco, Atlántida 7. Municipalidad de Tela, Atlántida 8. Municipalidad de Arizona, Atlántida 9. Municipalidad de Balfate, Colón 10. Municipalidad de Iriona, Colón 11. Municipalidad de Limón, Colón 12. Municipalidad de Sabá, Colón 13. Municipalidad de Santa Fe, Colón 14. Municipalidad de Santa Rosa de Aguán, Colón 15. Municipalidad de Sonaguera, Colón 16. Municipalidad de Tocoa, Colón 17. Municipalidad de Bonito Oriental, Colón 18. Municipalidad de Comayagua, Comayagua 19. Municipalidad de Ajuterique, Comayagua 20. Municipalidad de El Rosario, Comayagua 21. Municipalidad de Esquías, Comayagua 22. Municipalidad de Humuya, Comayagua 23. Municipalidad de La Libertad, Comayagua 24. Municipalidad de Lamaní, Comayagua 25. Municipalidad de Lejamaní, Comayagua 26. Municipalidad de La Trinidad, Comayagua 27. Municipalidad de Meámbar, Comayagua 28. Municipalidad de Minas de Oro, Comayagua 29. Municipalidad de Ojo de Agua, Comayagua 30. Municipalidad de San Jerónimo, Comayagua 31. Municipalidad de San José de Comayagua, Comayagua 32. Municipalidad de San José del Potrero, Comayagua 33. Municipalidad de San Luis, Comayagua 34. Municipalidad de San Sebastián, Comayagua 35. Municipalidad de Siguatepeque, Comayagua 36. Municipalidad de Villa de San Antonio, Comayagua 37. Municipalidad de Las Lajas, Comayagua 38. Municipalidad de Taulabé, Comayagua 39. Municipalidad de Santa Rosa de Copán, Copán 40. Municipalidad de Cabañas, Copán 41. Municipalidad de Concepción, Copán 42. Municipalidad de Corquín, Copán 43. Municipalidad de Cucuyagua, Copán 44. Municipalidad de Dolores, Copán 45. Municipalidad de Dulce Nombre, Copán 46. Municipalidad de El Paraíso, Copán 47. Municipalidad de Florida, Copán 48. Municipalidad de La Jigua, Copán 49. Municipalidad de La Unión, Copán 50. Municipalidad de Nueva Arcadia ( La Entrada), Copán 51. Municipalidad de San Agustín, Copán 52. Municipalidad de San Antonio de Copán, Copán 53. Municipalidad de San Jerónimo, Copán 54. Municipalidad de San José, Copán 55. Municipalidad de San Juan de Opoa, Copán 56. Municipalidad de San Nicolás, Copán 57. Municipalidad de San Pedro, Copán 58. Municipalidad de Santa Rita, Copán 59. Municipalidad de Trinidad, Copán 60. Municipalidad de Veracruz, Copán 61. Municipalidad de Choloma, Cortés 62. Municipalidad de Omoa, Cortés 63. Municipalidad de Pimienta, Cortés 64. Municipalidad de Potrerillos, Cortés 65. Municipalidad de Puerto Cortés, Cortés 66. Municipalidad de San Antonio de Cortés, Cortés 67. Municipalidad de San Francisco de Yojoa, Cortés 68. Municipalidad de San Manuel, Cortés 69. Municipalidad de Santa Cruz de Yojoa, Cortés 70. Municipalidad de Villanueva, Cortés 71. Municipalidad de La Lima, Cortés 72. Municipalidad de Choluteca, Choluteca 73. Municipalidad de Apacilagua, Choluteca 74. Municipalidad de Concepción de María, Choluteca 75. Municipalidad de Duyure, Choluteca 76. Municipalidad de El Corpus, Choluteca 77. Municipalidad de El Triunfo, Choluteca 78. Municipalidad de Marcovia, Choluteca 79. Municipalidad de Morolica, Choluteca 80. Municipalidad de Namasigue, Choluteca 81. Municipalidad de Orocuina, Choluteca 82. Municipalidad de Pespire, Choluteca 83. Municipalidad de San Antonio de Flores, Choluteca 84. Municipalidad de San Isidro, Choluteca 85. Municipalidad de San José, Choluteca 86. Municipalidad de San Marcos de Colón, Choluteca 87. Municipalidad de Santa Ana de Yusguare, Choluteca 88. Municipalidad de Alauca, El Paraíso 89. Municipalidad de Danlí, El Paraíso 90. Municipalidad de El Paraíso, El Paraíso 91. Municipalidad de Guinope, El Paraíso 92. Municipalidad de Jacaleapa, El Paraíso 93. Municipalidad de Liure, El Paraíso 94. Municipalidad de Morocelí, El Paraíso 95. Municipalidad de Oropolí, El Paraíso 96. Municipalidad de Potrerillos, El Paraíso 97. Municipalidad de San Antonio de Flores, El Paraíso 98. Municipalidad de San Lucas, El Paraíso 99. Municipalidad de San Matías, El Paraíso 100. Municipalidad de Soledad, El Paraíso 101. Municipalidad de Teupasenti, El Paraíso 102. Municipalidad de Texíguat, El Paraíso 103. Municipalidad de Vado Ancho, El Paraíso 104. Municipalidad de Yauyupe, El Paraíso 105. Municipalidad de Trojes, El Paraíso 106. Municipalidad de Alubarén, Francisco Morazán 107. Municipalidad de Cedros, Francisco Morazán 108. Municipalidad de Curarén, Francisco Morazán 109. Municipalidad de El Porvenir, Francisco Morazán 110. Municipalidad de Guaimaca, Francisco Morazán 111. Municipalidad de La Libertad, Francisco Morazán 112. Municipalidad de La Venta, Francisco Morazán 113. Municipalidad de Lepaterique, Francisco Morazán 114. Municipalidad de Maraita, Francisco Morazán 115. Municipalidad de Marale, Francisco Morazán 116. Municipalidad de Nueva Armenia, Francisco Morazán 117. Municipalidad de Ojojona, Francisco Morazán 118. Municipalidad de Orica, Francisco Morazán 119. Municipalidad de Reitoca, Francisco Morazán 120. Municipalidad de Sabanagrande, Francisco Morazán 121. Municipalidad de San Antonio de Oriente, Francisco Morazán 122. Municipalidad de San Buenaventura, Francisco Morazán 123. Municipalidad de San Ignacio, Francisco Morazán 124. Municipalidad de San Juan de Flores, Francisco Morazán 125. Municipalidad de San Miguelito, Francisco Morazán 126. Municipalidad de Santa Ana, Francisco Morazán 127. Municipalidad de Santa Lucía, Francisco Morazán 128. Municipalidad de Talanga, Francisco Morazán 129. Municipalidad de Tatumbla, Francisco Morazán 130. Municipalidad de Valle de Angeles, Francisco Morazán 131. Municipalidad de Villa de San Francisco, Francisco Morazán 132. Municipalidad de Vallecillo, Francisco Morazán 133. Municipalidad de Puerto Lempira, Gracias a Dios 134. Municipalidad de Brus Laguna, Gracias a Dios 135. Municipalidad de Ahuas, Gracias a Dios 136. Municipalidad de Juan Francisco Bulnes, Gracias a Dios 137. Municipalidad de Villeda Morales, Gracias a Dios 138. Municipalidad de Wampusirpi, Gracias a Dios 139. Municipalidad de La Esperanza, Intibucá 140. Municipalidad de Camasca, Intibucá 141. Municipalidad de Colomoncagua, Intibucá 142. Municipalidad de Concepción, Intibucá E. LISTA DE NICARAGUA El título se aplica a las entidades de gobierno sub-central que contratan de conformidad con las disposiciones del presente Acuerdo, cuando el valor de la contratación sea igual o mayor a:

Mercancías Umbrales: 355 000 DEG; o, para el período de tres años siguiente a la entrada en vigor del presente Acuerdo, 490 000 DEG.

Servicios Especificados en la sección D Umbrales: 355 000 DEG; o, para el período de tres años siguiente a la entrada en vigor del presente Acuerdo, 490 000 DEG.

Servicios de construcción Especificados en la sección E Umbrales: 5 000 000 DEG; o, para el período de tres años siguiente a la entrada en vigor del presente Acuerdo, 6 000 000 DEG.

Lista de entidades Las municipalidades cubiertas por esta sección serán aquellas que expresamente soliciten ser incluidas.

F. LISTA DE PANAMÁ El título se aplica a las entidades de gobierno sub-central que contratan de conformidad con las disposiciones del presente Acuerdo, cuando el valor de la contratación sea igual o mayor a:

Mercancías Umbral: 355.000 DEG Servicios Especificados en la sección D Umbral: 355 000 DEG Servicios de construcción Especificados en la sección E Umbral: 5 000 000 DEG Provincia Distrito Bocas del Toro Bocas del Toro Chiriquí Grande Changuinola Coclé Aguadulce Antón  La Pintada Natá Olá Penonomé Colón Colón Chagres Donoso Portobelo Santa Isabel Chiriquí Alanje Barú Boquerón Boquete Bugaba David Dolega Gualaca Remedios Renacimiento San Lorenzo Tolé San Félix Darién Chepigana Pinogana Herrera Chitré Las Minas Los Pozos Ocú Parita Pesé Santa María Los Santos Guararé Las Tablas Los Santos Macaracas Pedasí Pocrí Tonosí Panamá Arraiján Balboa Capira Chame Chepo Chimán  La Chorrera Panamá San Carlos San Miguelito Taboga Veraguas Atalaya Calobre Cañazas  La Mesa Las Palmas Montijo Río De Jesús San Francisco Santa Fe Santiago Soná Mariato Comarca Emberá Cémaco Sambú Comarca Ngobe Nurum Bugle Kankintú Besiko Mirono Kusapin Muna Nole Duima G. LISTA DE LA PARTE UE Entidades contratantes A Todas las autoridades contratantes regionales o locales Mercancías Umbral: 355 000 DEG Servicios Especificados en la sección D Umbral: 355 000 DEG Servicios de construcción Especificados en la sección E Umbral: 5 000 000 DEG B Todas las autoridades contratantes que son organismos regidos por el Derecho público definidos en las Directivas de contratación pública de la UE Un organismo regido por el Derecho público significa un ente:

- establecido para el propósito particular de cumplir necesidades de interés general, sin tener un carácter industrial o comercial, y - que tiene personería jurídica, y - financiado mayoritariamente por el Estado o por autoridades regionales o locales, por otros organismos de Derecho público, o sujetos a gestión de supervisión por esos organismos o que disponen de una junta administrativa, gerencial o supervisora, más de la mitad de cuyos miembros son nombrados por el Estado, por las autoridades regionales o locales o por otros organismos regidos por el Derecho público.

Se adjunta una lista indicativa de las autoridades contratantes que son organismos regidos por el Derecho público.

Mercancías Umbral: 200 000 DEG Servicios Especificados en la sección D Umbral: 200 000 DEG Servicios de construcción Especificados en la sección E Umbral: 5 000 000 DEG LISTAS INDICATIVAS DE AUTORIDADES CONTRATANTES QUE SON ENTES REGIDOS POR EL DERECHO PÚBLICO SEGÚN LO DEFINIDO POR LA DIRECTIVA DE CONTRATACIÓN PÚBLICA DE LA UE Bélgica Entidades A Agence fédérale pour l'Accueil des demandeurs d'Asile - Federaal Agentschap voor Opvang van Asielzoekers Agence fédérale pour la Sécurité de la Chaîne alimentaire - Federaal Agentschap voor de Veiligheid van de Voedselketen Agence fédérale de Contrôle nucléaire - Federaal Agentschap voor nucleaire Controle Agence wallonne à l'Exportation Agence wallonne des Télécommunications Agence wallonne pour l'Intégration des Personnes handicapées Aquafin Arbeitsamt der Deutschsprachigen Gemeinschaft Archives générales du Royaume et Archives de l'Etat dans les Provinces - Algemeen Rijksarchief en Rijksarchief in de Provinciën ASTRID B - Banque nationale de Belgique - Nationale Bank van België - Belgisches Rundfunk- und Fernsehzentrum der Deutschsprachigen Gemeinschaft - Berlaymont 2000 - Bibliothèque royale Albert Ier - Koninklijke Bilbliotheek Albert I - Bruxelles-Propreté - Agence régionale pour la Propreté - Net-Brussel - Gewestelijke Agentschap voor Netheid - Bureau d'Intervention et de Restitution belge - Belgisch Interventie en Restitutiebureau - Bureau fédéral du Plan - Federaal Planbureau C - Caisse auxiliaire de Paiement des Allocations de Chômage - Hulpkas voor Werkloosheidsuitkeringen - Caisse de Secours et de Prévoyance en Faveur des Marins - Hulp en Voorzorgskas voor Zeevarenden - Caisse de Soins de Santé de la Société Nationale des Chemins de Fer Belges - Kas der geneeskundige Verzorging van de Nationale Maatschappij der Belgische Spoorwegen - Caisse nationale des Calamités - Nationale Kas voor Rampenschade - Caisse spéciale de Compensation pour Allocations familiales en Faveur dês Travailleurs occupés dans les Entreprises de Batellerie - Bijzondere Verrekenkas voor Gezinsvergoedingen ten Bate van de Arbeiders der Ondernemingen voor Binnenscheepvaart - Caisse spéciale de Compensation pour Allocations familiales en Faveur des Travailleurs occupés dans les Entreprises de Chargement, Déchargement et Manutention de Marchandises dans les Ports, Débarcadères, Entrepôts et Stations (appelée habituellement "Caisse spéciale de Compensation pour Allocations familiales des Régions maritimes") - Bijzondere Verrekenkas voor Gezinsvergoedingen ten Bate van de Arbeiders gebezigd door Ladings- - en Lossingsondernemingen en door de Stuwadoors in de Havens, Losplaatsen, Stapelplaatsen en Stations (gewoonlijk genoemd "Bijzondere Compensatiekas voor Kindertoeslagen van de Zeevaartgewesten") - Centre d'Etude de l'Energie nucléaire - Studiecentrum voor Kernenergie - Centre de recherches agronomiques de Gembloux - Centre hospitalier de Mons - Centre hospitalier de Tournai - Centre hospitalier universitaire de Liège - Centre informatique pour la Région de Bruxelles-Capitale - Centrum voor Informatica voor het Brusselse Gewest - Centre pour l'Egalité des Chances et la Lutte contre le Racisme - Centrum voor Gelijkheid van Kansen en voor Racismebestrijding - Centre régional d'Aide aux Communes - Centrum voor Bevolkings- en Gezinsstudiën - Centrum voor landbouwkundig Onderzoek te Gent - Comité de Contrôle de l'Electricité et du Gaz - Controlecomité voor Elekticiteit en Gas - Comité national de l'Energie - Nationaal Comité voor de Energie - Commissariat général aux Relations internationales - Commissariaat-Generaal voor de Bevordering van de lichamelijke Ontwikkeling, de Sport en de Openluchtrecreatie - Commissariat général pour les Relations internationales de la Communauté française de Belgique - Conseil central de l'Economie - Centrale Raad voor het Bedrijfsleven - Conseil économique et social de la Région wallonne - Conseil national du Travail - Nationale Arbeidsraad - Conseil supérieur de la Justice - Hoge Raad voor de Justitie - Conseil supérieur des Indépendants et des petites et moyennes Entreprises -Hoge Raad voor Zelfstandigen en de kleine en middelgrote Ondernemingen - Conseil supérieur des Classes moyennes - Coopération technique belge - Belgische technische Coöperatie D - Dienststelle der Deutschprachigen Gemeinschaft für Personen mit einer Behinderung - Dienst voor de Scheepvaart - Dienst voor Infrastructuurwerken van het gesubsidieerd Onderwijs - Domus Flandria E - Entreprise publique des Technologies nouvelles de l'Information et de la Communication de la Communauté française - Export Vlaanderen F - Financieringsfonds voor Schuldafbouw en Eenmalige Investeringsuitgaven - Financieringsinstrument voor de Vlaamse Visserij- en Aquicultuursector - Fonds bijzondere Jeugdbijstand - Fonds communautaire de Garantie des Bâtiments scolaires - Fonds culturele Infrastructuur - Fonds de Participation - Fonds de Vieillissement - Zilverfonds - Fonds d'Aide médicale urgente - Fonds voor dringende geneeskundige Hulp - Fonds de Construction d'Institutions hospitalières et médico-sociales de la Communauté française - Fonds de Pension pour les Pensions de Retraite du Personnel statutaire de Belgacom - Pensioenfonds voor de Rustpensioenen van het statutair Personeel van Belgacom - Fonds des Accidents du Travail - Fonds voor Arbeidsongevallen - Fonds d'Indemnisation des Travailleurs licenciés en cas de Fermeture d'Entreprises - Fonds tot Vergoeding van de in geval van Sluiting van Ondernemingen ontslagen Werknemers - Fonds du Logement des Familles nombreuses de la Région de Bruxelles-Capitale - Woningfonds van de grote Gezinnen van het Brusselse hoofdstedelijk Gewest - Fonds du Logement des Familles nombreuses de Wallonie - Fonds Film in Vlaanderen - Fonds national de Garantie des Bâtiments scolaires - Nationaal Waarborgfonds voor Schoolgebouwen - Fonds national de Garantie pour la Réparation des Dégâts houillers - Nationaal Waarborgfonds inzake Kolenmijnenschade - Fonds piscicole de Wallonie - Fonds pour le Financement des Prêts à des Etats étrangers - Fonds voor Financiering van de Leningen aan Vreemde Staten - Fonds pour la Rémunération des Mousses - Fonds voor Scheepsjongens - Fonds régional bruxellois de Refinancement des Trésoreries communales -Brussels gewestelijk Herfinancieringsfonds van de gemeentelijke Thesaurieën - Fonds voor flankerend economisch Beleid - Fonds wallon d'Avances pour la Réparation des Dommages provoqués par des Pompages et des Prises d'Eau souterraine G - Garantiefonds der Deutschsprachigen Gemeinschaft für Schulbauten - Grindfonds H - Herplaatsingfonds - Het Gemeenschapsonderwijs - Hulpfonds tot financieel Herstel van de Gemeenten I - Institut belge de Normalisation - Belgisch Instituut voor Normalisatie - Institut belge des Services postaux et des Télécommunications - Belgisch Instituut voor Postdiensten en Telecommunicatie - Institut bruxellois francophone pour la Formation professionnelle - Institut bruxellois pour la Gestion de l'Environnement - Brussels Instituut voor Milieubeheer - Institut d'Aéronomie spatiale - Instituut voor Ruimte aëronomie - Institut de Formation permanente pour les Classes moyennes et les petites et moyennes Entreprises - Institut des Comptes nationaux - Instituut voor de nationale Rekeningen - Institut d'Expertise vétérinaire - Instituut voor veterinaire Keuring - Institut du Patrimoine wallon - Institut für Aus- und Weiterbildung im Mittelstand und in kleinen und mittleren Unternehmen - Institut géographique national - Nationaal geografisch Instituut - Institution pour le Développement de la Gazéification souterraine -Instelling voor de Ontwikkeling van ondergrondse Vergassing - Institution royale de Messine - Koninklijke Gesticht van Mesen - Institutions universitaires de droit public relevant de la Communauté française - Universitaire instellingen van publiek recht afhangende van de Franse Gemeenschap - Institut national des Industries extractives - Nationaal Instituut voor de Extractiebedrijven - Institut national de Recherche sur les Conditions de Travail - Nationaal Onderzoeksinstituut voor Arbeidsomstandigheden - Institut national des Invalides de Guerre, anciens Combattants et Victimes de Guerre - Nationaal Instituut voor Oorlogsinvaliden, Oudstrijders en Oorlogsslachtoffers - Institut national des Radioéléments - Nationaal Instituut voor Radio-Elementen - Institut national pour la Criminalistique et la Criminologie - Nationaal Instituut loor Criminalistiek en Criminologie - Institut pour l'Amélioration des Conditions de Travail - Instituut voor Verbetering van de Arbeidsvoorwaarden - Institut royal belge des Sciences naturelles - Koninklijk Belgisch Instituut voor Natuurwetenschappen - Institut royal du Patrimoine culturel - Koninklijk Instituut voor het Kunstpatrimonium - Institut royal météorologique de Belgique - Koninklijk meteorologisch Instituut van België - Institut scientifique de Service public en Région wallonne - Institut scientifique de la Santé publique - Louis Pasteur - Wetenschappelijk Instituut Volksgezondheid - Louis Pasteur - Instituut voor de Aanmoediging van Innovatie door Wetenschap en Technologie in Vlaanderen - Instituut voor Bosbouw en Wildbeheer - Instituut voor het archeologisch Patrimonium - Investeringsdienst voor de Vlaamse autonome Hogescholen - Investeringsfonds voor Grond- en Woonbeleid voor Vlaams-Brabant J - Jardin botanique national de Belgique - Nationale Plantentuin van België K - Kind en Gezin - Koninklijk Museum voor schone Kunsten te Antwerpen L - Loterie nationale - Nationale Loterij M - Mémorial national du Fort de Breendonk - Nationaal Gedenkteken van het Fort van Breendonk - Musée royal de l'Afrique centrale - Koninklijk Museum voor Midden- Afrika - Musées royaux d'Art et d'Histoire - Koninklijke Musea voor Kunst en Geschiedenis - Musées royaux des Beaux-Arts de Belgique - Koninklijke Musea voor schone Kunsten van België O - Observatoire royal de Belgique - Koninklijke Sterrenwacht van België - Office central d'Action sociale et culturelle du Ministère de la Défense -Centrale Dienst voor sociale en culturele Actie van het Ministerie van Defensie - Office communautaire et régional de la Formation professionnelle et de l'Emploi - Office de Contrôle des Assurances - Controledienst voor de Verzekeringen - Office de Contrôle des Mutualités et des Unions nationales de Mutualités - Controledienst voor de Ziekenfondsen en de Landsbonden van Ziekenfondsen - Office de la Naissance et de l'Enfance - Office de Promotion du Tourisme - Office de Sécurité sociale d'Outre-mer - Dienst voor de overzeese sociale Zekerheid - Office for Foreign Investors in Wallonia - Office national d'Allocations familiales pour Travailleurs salariés -Rijksdienst voor Kinderbijslag voor Werknemers - Office national de Sécurité sociale des Administrations provinciales et locales - Rijksdienst voor sociale Zekerheid van de provinciale en plaatselijke Overheidsdiensten - Office national des Vacances annuelles - Rijksdienst voor jaarlijkse Vakantie - Office national du Ducroire - Nationale Delcrederedienst - Office régional bruxellois de l'Emploi - Brusselse gewestelijke Dienst voor Arbeidsbemiddeling - Office régional de Promotion de l'Agriculture et de l'Horticulture - Office régional pour le Financement des Investissements communaux - Office wallon de la Formation professionnelle et de l'Emploi - Openbaar psychiatrisch Ziekenhuis-Geel - Openbaar psychiatrisch Ziekenhuis-Rekem - Openbare Afvalstoffenmaatschappij voor het Vlaams Gewest - Orchestre national de Belgique - Nationaal Orkest van België - Organisme national des Déchets radioactifs et des Matières fissiles -Nationale Instelling voor radioactief Afval en Splijtstoffen P - Palais des Beaux-Arts - Paleis voor schone Kunsten - Participatiemaatschappij Vlaanderen - Pool des Marins de la Marine marchande - Pool van de Zeelieden der Koopvaardij R - Radio et Télévision belge de la Communauté française - Reproductiefonds voor de Vlaamse Musea S - Service d'Incendie et d'Aide médicale urgente de la Région de Bruxelles-Capitale - Brusselse hoofdstedelijk Dienst voor Brandweer en dringende medische Hulp - Société belge d'Investissement pour les pays en développement - Belgische Investeringsmaatschappij voor Ontwinkkelingslanden - Société d'Assainissement et de Rénovation des Sites industriels dans l'Ouest du Brabant wallon - Société de Garantie régionale - Sociaal economische Raad voor Vlaanderen - Société du Logement de la Région bruxelloise et sociétés agréées -Brusselse Gewestelijke Huisvestingsmaatschappij en erkende maatschappijen - Société publique d'Aide à la Qualité de l'Environnement - Société publique d'Administration des Bâtiments scolaires bruxellois - Société publique d'Administration des Bâtiments scolaires du Brabant wallon - Société publique d'Administration des Bâtiments scolaires du Hainaut - Société publique d'Administration des Bâtiments scolaires de Namur - Société publique d'Administration des Bâtiments scolaires de Liège - Société publique d'Administration des Bâtiments scolaires du Luxembourg - Société publique de Gestion de l'Eau - Société wallonne du Logement et sociétés agréées - Sofibail - Sofibru - Sofico T - Théâtre national - Théâtre royal de la Monnaie - Koninklijke Muntschouwburg - Toerisme Vlaanderen - Tunnel Liefkenshoek U - Universitaire instellingen van publiek recht afhangende van de Vlaamse Gemeenschap - Universitair Ziekenhuis Gent V - Vlaams Commissariaat voor de Media - Vlaamse Dienst voor Arbeidsbemiddeling en Beroepsopleiding - Vlaams Egalisatie Rente Fonds - Vlaamse Hogescholenraad - Vlaamse Huisvestingsmaatschappij en erkende maatschappijen - Vlaamse Instelling voor technologisch Onderzoek - Vlaamse interuniversitaire Raad - Vlaamse Landmaatschappij - Vlaamse Milieuholding - Vlaamse Milieumaatschappij - Vlaamse Onderwijsraad - Vlaamse Opera - Vlaamse Radio- en Televisieomroep - Vlaamse Reguleringsinstantie voor de Elektriciteits- en Gasmarkt - Vlaamse Stichting voor Verkeerskunde - Vlaams Fonds voor de Lastendelging - Vlaams Fonds voor de Letteren - Vlaams Fonds voor de sociale Integratie van Personen met een Handicap - Vlaams Informatiecentrum over Land- en Tuinbouw - Vlaams Infrastructuurfonds voor Persoonsgebonden Aangelegenheden - Vlaams Instituut voor de Bevordering van het wetenschappelijk- en technologisch Onderzoek in de Industrie - Vlaams Instituut voor Gezondheidspromotie - Vlaams Instituut voor het Zelfstandig ondernemen - Vlaams Landbouwinvesteringsfonds - Vlaams Promotiecentrum voor Agro- en Visserijmarketing - Vlaams Zorgfonds - Vlaams Woningsfonds voor de grote Gezinnen Bulgaria Entidades - Икономически и социален съвет - Национален осигурителен институт - Национална здравноосигурителна каса - Български червен кръст - Българска академия на науките - Национален център за аграрни науки - Български институт за стандартизация - Българско национално радио - Българска национална телевизия Categorías Empresas del Estado de conformidad con el artículo 62, apartado 3, del Търговския закон (обн., ДВ, бр.48/18.6.1991), Código de Derecho mercantil (publicado en el Boletín del Estado nº 48 de 18.6.1991):

- Национална компания "Железопътна инфраструктура" - ДП "Пристанищна инфраструктура" - ДП "Ръководство на въздушното движение" - ДП "Строителство и възстановяване" - ДП "Транспортно строителство и възстановяване" - ДП "Съобщително строителство и възстановяване" - ДП "Радиоактивни отпадъци" - ДП "Предприятие за управление на дейностите по опазване на околната среда" - ДП "Български спортен тотализатор" - ДП "Държавна парично-предметна лотария" - ДП "Кабиюк", Шумен - ДП "Фонд затворно дело" - Държавни дивечовъдни станции Universidades Estatales, establecidas de conformidad con el artículo 13 de la Закона за висшето образование (обн., ДВ, бр.112/27.12.1995) Ley de Enseñanza Superior (publicada en el Boletín del Estado nº 112 de 27.12.1995):

- Аграрен университет - Пловдив - Академия за музикално, танцово и изобразително изкуство - Пловдив - Академия на Министерството на вътрешните работи - Великотърновски университет "Св. св. Кирил и Методий" - Висше военноморско училище "Н. Й. Вапцаров" - Варна - Висше строително училище "Любен Каравелов" - София - Висше транспортно училище "Тодор Каблешков" - София - Военна академия "Г. С. Раковски" - София - Национална музикална академия "Проф. Панчо Владигеров" - София - Икономически университет - Варна - Колеж по телекомуникации и пощи - София - Лесотехнически университет - София - Медицински университет "Проф. д-р Параскев Иванов Стоянов" - Варна - Медицински университет - Плевен - Медицински университет - Пловдив - Медицински университет - София - Минно-геоложки университет "Св. Иван Рилски" - София - Национален военен университет "Васил Левски" - Велико Търново - Национална академия за театрално и филмово изкуство "Кръстьо Сарафов" - София - Национална спортна академия "Васил Левски" - София - Национална художествена академия - София - Пловдивски университет "Паисий Хилендарски" - Русенски университет "Ангел Кънчев" - Софийски университет "Св. Климент Охридски" - Специализирано висше училище по библиотекознание и информационни технологии - София - Стопанска академия "Д. А. Ценов" - Свищов - Технически университет - Варна - Технически университет - Габрово - Технически университет - София - Tракийски университет - Стара Загора - Университет "Проф. д-р Асен Златаров" - Бургас - Университет за национално и световно стопанство - София - Университет по архитектура, строителство и геодезия - София - Университет по хранителни технологии - Пловдив - Химико-технологичен и металургичен университет - София - Шуменски университет "Епископ Константин Преславски" - Югозападен университет "Неофит Рилски" - Благоевград Escuelas municipales y estatales de conformidad con la Закона за народната просвета (обн., ДВ, бр. 86/18.10.1991) Ley de Educación Pública (publicada en el Boletín del Estado nº 86 de 18.10.1991) Institutos culturales establecidos de conformidad con la Закона за закрила и развитие на културата (обн., ДВ, бр.50/1.6.1999) Ley de Protección y Fomento de la Cultura (publicada en el Boletín del Estado nº 50 de 1.6.1999):

- Народна библиотека "Св. св. Кирил и Методий" - Българска национална фонотека - Българска национална филмотека - Национален фонд "Култура" - Национален институт за паметниците на културата - Театри (Theatres) - Опери, филхармонии и ансамбли (Operas, orquestas filarmónicas y conjuntos) - Музеи и галерии (Museos y galerías) - Училища по изкуствата и културата (Escuelas de arte y cultura) - Български културни институти в чужбина (Institutos culturales búlgaros en el extranjero) Instituciones médicas estatales y/o municipales a las que hace referencia el artículo 3, apartado 1, de la Закона за лечебните заведения (обн., ДВ, бр.62/9.7.1999), Ley de instituciones médicas (publicada en el Boletín del Estado nº 62 de 9.7.1999).

Instituciones médicas estatales o municipales a las que hace referencia el artículo 5, apartado 1, de la Закона за лечебните заведения (обн., ДВ, бр.62/9.7.1999), Ley de instituciones médicas (publicada en el Boletín del Estado nº 62 de 9.7.1999):

- Домове за медико-социални грижи за деца - Лечебни заведения за стационарна психиатрична помощ - Центрове за спешна медицинска помощ - Центрове за трансфузионна хематология - Болница "Лозенец" - Военномедицинска академия - Медицински институт на Министерство на вътрешните работи - Лечебни заведения към Министерството на правосъдието - Лечебни заведения към Министерството на транспорта Personas jurídicas de carácter no comercial establecidas con el propósito de cumplir necesidades de interés general, de acuerdo con la Закона за юридическите лица с нестопанска цел (обн., ДВ, бр.81/6.10.2000), Ley de personas jurídicas de carácter no comercial (publicada en el Boletín del Estado nº 81 de 6.10.2000), y que satisfagan las condiciones del artículo 1, apartado 1, de la Ley de Contratación Pública (publicada en el Boletín del Estado nº 28 /6.4.2004).

República Checa - Pozemkový fond and other state funds - Česká národní banka - Česká televize - Český rozhlas - Rada pro rozhlasové a televizní vysílaní - Vńeobecná zdravotní pojińťovna České republiky - Zdravotní pojińťovna ministerstva vnitra ČR - Universidades y otras entidades legales establecidas por ley especial las cuales para su operación y de conformidad con regulaciones presupuestarias utilizan dinero del presupuesto estatal, fondos estatales, contribuciones de instituciones internacionales, autoridad presupuestaria distrital, o presupuesto de divisiones territoriales autogobernadas.

Dinamarca Entidades - Danmarks Radio - Det landsdækkende TV2 - Danmarks Nationalbank - Sund og Bælt Holding A/S - A/S Storebælt - A/S Øresund - Øresundskonsortiet - Metroselskabet I/S - Arealudviklingsselskabet I/S - Statens og Kommunernes Indkøbsservice - Arbejdsmarkedets Tillægspension - Arbejdsmarkedets Feriefond - Lønmodtagernes Dyrtidsfond - Naviair Categorías - De Almene Boligorganisationer (organizaciones de vivienda social) - Andre forvaltningssubjekter (otros entes públicos administrativos) - Universiteterne, jf. lovbekendtgørelse nr. 1368 af 7. december 2007 af lov om universiteter (Universidades, ver Ley de Consolidación nr. 1368 del 7 de diciembre de 2007 sobre universidades) Alemania Categorías Personas jurídicas regidas por el derecho público Autoridades, establecimientos y fundaciones gobernadas por el derecho público y creadas por autoridades federales, estatales o locales particularmente en los siguientes campos:

(1) Autoridades - Wissenschaftliche Hochschulen und verfasste Studentenschaften - (universidades y organismos estudiantiles establecidos), - berufsständige Vereinigungen (Rechtsanwalts-, notar-, Steuerberater-, Wirtschaftsprüfer-, Architekten-, Ärzte- und Apothekerkammern) (asociaciones profesionales que representen abogados, notarios, consultores de impuestos, contadores, arquitectos médicos y farmacéuticos), - Wirtschaftsvereinigungen (Landwirtschafts-, Handwerks-, Industrie- und Handelskammern, Handwerksinnungen, Handwerkerschaften) - (asociaciones de negocios y comercio: asociaciones de agricultura y artesanía, cámaras de industria y comercio, gremios de artesanos, asociaciones de comerciantes), - Sozialversicherungen (Krankenkassen, Unfall- und Rentenversicherungsträger)- (instituciones de seguridad social: salud, fondos de seguros de salud, accidentes y pensiones), - kassenärztliche Vereinigungen - (asociaciones de médicos de panel), - Genossenschaften und Verbände - (cooperativas y otras asociaciones).

(2) Establecimientos y fundaciones Establecimientos no industriales y no comerciales sujetos al control estatal y que opera para el interés general, particularmente en los siguientes campos:

- Rechtsfähige Bundesanstalten - (Instituciones federales con capacidad jurídica) - Versorgungsanstalten und Studentenwerke - (organizaciones de pensiones y sindicatos estudiantiles) - Kultur-, Wohlfahrts- und Hilfsstiftungen - (fundaciones culturales, de bienestar y de apoyo) Personas jurídicas regidas por el derecho privado Establecimientos no industriales y no comerciales sujetos al control estatal y que opera en el interés general, como los kommunale Versorgungsunternehmen (servicios públicos municipales):

- Gesundheitswesen (Krankenhäuser, Kurmittelbetriebe, medizinische Forschungseinrichtungen, Untersuchungs- und Tierkörperbeseitigungsanstalten)- [salud: hospitales, establecimientos de complejos de salud, instituciones de investigación médica, establecimientos de pruebas y de restos de animales], - Kultur (öffentliche Bühnen, Orchester, Museen, Bibliotheken, Archive, zoologische und botanische Gärten) - [cultura: teatros públicos, orquestas, museos, bibliotecas, archivos, jardines botánicos y zoológicos], - Soziales (Kindergärten, Kindertagesheime, Erholungseinrichtungen, Kinder-und Jugendheime, Freizeiteinrichtungen, Gemeinschafts- und Bürgerhäuser, Frauenhäuser, Altersheime, Obdachlosenunterkünfte) - [bienestar social: escuelas materiales, guarderías infantiles, casas de reposo, hogares infantiles, albergues para gente joven, centros de entretenimiento, centros comunales y cívicos, casas para mujeres maltratadas, asilos de ancianos, alojamientos para las personas sin hogar], - Sport (Schwimmbäder, Sportanlagen und -einrichtungen) - [deporte: piscinas, establecimientos deportivos], - Sicherheit (Feuerwehren, Rettungsdienste) - [seguridad: bomberos, otros servicios de emergencia], - Bildung (Umschulungs-, Aus-, Fort- und Weiterbildungseinrichtungen, Volkshochschulen) [educación: formación, formación adicional, formación continua y establecimientos de readaptación, clases nocturnas para adultos], - Wissenschaft, Forschung und Entwicklung (Großforschungseinrichtungen, wissenschaftliche Gesellschaften und Vereine, Wissenschaftsförderung) - [ciencia, investigación y desarrollo: institutos de investigación a larga escala, sociedades y asociaciones científicas, entes promotores de la ciencia], - Entsorgung (Straßenreinigung, Abfall- und Abwasserbeseitigung) - [servicios de eliminación de basura y desperdicios: limpieza de calles, eliminación de desechos y aguas negras], - Bauwesen und Wohnungswirtschaft (Stadtplanung, Stadtentwicklung, Wohnungsunternehmen soweit im Allgemeininteresse tätig, Wohnraumvermittlung)- [construcción, ingeniería civil y vivienda: planificación urbana, desarrollo urbano, vivienda, empresa (que operan para el interés general), servicios de agencias de vivienda], - Wirtschaft (Wirtschaftsförderungsgesellschaften) - (economía: organizaciones que promueven del desarrollo económico), - Friedhofs- und Bestattungswesen - (cementerios y servicios funerarios), - Zusammenarbeit mit den Entwicklungsländern (Finanzierung, technische Zusammenarbeit, Entwicklungshilfe, Ausbildung) - [cooperación con países en desarrollo: financiamiento, cooperación técnica, ayuda para el desarrollo, capacitación].

Estonia - Eesti Kunstiakadeemia - Eesti Muusika- ja Teatriakadeemia - Eesti Maaülikool - Eesti Teaduste Akadeemia - Eesti Rahvusringhaaling - Tagatisfond - Kaitseliit - Keemilise ja Bioloogilise Füüsika Instituut - Eesti Haigekassa - Eesti Kultuurkapital - Notarite Koda - Rahvusooper Estonia - Eesti Rahvusraamatukogu - Tallinna Ülikool - Tallinna Tehnikaülikool - Tartu Ülikool - Eesti Advokatuur - Audiitorkogu - Eesti Töötukassa - Eesti Arengufond Categorías Otras personas jurídicas regidas por el derecho público o personas jurídicas de derecho privado de conformidad con el artículo 10, apartado 2, de la Ley de Contratos Públicos (RT I 21.7.2007, 15, 76).

Irlanda Entidades - Enterprise Ireland [Mercadeo, tecnología y desarrollo empresarial] - Forfás [Política y asesoría para empresa, comercio, ciencia, tecnología e innovación] - Industrial Development Authority - FÁS [Asesoría industrial y de empleo] - Health and Safety Authority - Bord Fáilte Éireann - [Desarrollo Turístico] - CERT [Capacitación en industria hotelera, de servicios de alimentos y turismo] - Irish Sports Council - National Roads Authority - Údarás na Gaeltachta - [Autoridad para las regiones de habla gaélica] - Teagasc [Investigación agrícola, capacitación y desarrollo] - An Bord Bia - [Promoción de la industria alimentaria] - Irish Horseracing Authority - Bord na gCon - [Apoyo y desarrollo de las carreras de galgos] - Marine Institute - Bord Iascaigh Mhara - [Desarrollo de Pesquerías] - Equality Authority - Legal Aid Board - Forbas [Forbairt] Categorías - Servicio Ejecutivo de Salud - Hospitales e instituciones similares de carácter público - Comités de Educación Vocacional - Colegios e institutos educacionales de carácter público - Juntas de Pesca Centrales y Regionales - Organizaciones de Turismo Local - Entes Nacionales Regulatorios y de Apelación [en áreas tales como telecomunicaciones, energía, planificación, entre otros] - Agencias establecidas para desarrollar funciones particulares o para cumplir necesidades en varios sectores públicos [por ejemplo, Healthcare Materials Management Board, Health Sector Employers Agency, Local Government Computer Services Board, Environmental Protection Agency, National Safety Council, Institute of Public Administration, Economic and Social Research Institute, National Standards Authority.]

- Otros entes públicos que encuadran dentro del ámbito de ente regido por el derecho público.

Grecia Categorías - Empresas públicas y entidades públicas - Personas jurídicas reguladas por el derecho privado propiedad estatal que reciben regularmente el 50% de su presupuesto anual como subsidios estatales, sujeto a la aplicación de determinadas reglas, o en que las que Estado tiene al menos el 51% de las acciones de capital.

- Personas jurídicas regidas por el derecho privado que son propiedad de personas jurídicas regidas por el derecho público, por autoridades locales de cualquier nivel incluyendo la asociación central griega de autoridades locales (Κ.Δ.Γ.Κ.Δ.), por asociaciones locales de ayuntamientos (áreas administrativas locales) o por empresas o entidades públicas, o por personas jurídicas indicadas en b) o que regularmente reciben al menos el 50% de su presupuesto anual en la forma de subsidios de dichas personas jurídicas, sujetos a las reglas aplicables o sus artículos de asociación, o personas jurídicas mencionadas anteriormente que poseen acciones de capital de al menos el 51% en dichas personas jurídicas regidas por el derecho público.

España Categorías - Entes y entidades regidas por el derecho público que están sujetas a la Ley 30/2007, de 30 de octubre, de Contratos del sector público, - [legislación española de contratación pública] -, de acuerdo con su artículo 3, distintas de aquellas que han sido parte de la Administración General del Estado, la Administración de las Comunidades Autónomas y las Corporaciones Locales.

- Entidades Gestoras y los Servicios Comunes de la Seguridad Social Francia Entidades - Compagnies et établissements consulaires, chambres de commerce et d'industrie (CCI), chambres des métiers et chambres d'agriculture.

Categorías (1) Entes públicos nacionales:

- Académie des Beaux-arts - Académie française - Académie des inscriptions et belles-lettres - Académie des sciences - Académie des sciences morales et politiques - Banque de France - Centre de coopération internationale en recherche agronomique pour lê développement - Écoles d'architecture - Institut national de la consommation - Reunion des musées nationaux - Thermes nationaux - Aix-les-Bains - Groupements d'intérêt public; exemples:

- Agence EduFrance - ODIT France (observation, développement et ingénierie touristique) - Agence nationale de lutte contre l'illettrisme (2) Organismos públicos administrativos regionales, departamentales y locales:

- Collèges - Lycées - Etablissements publics locaux d'enseignement et de formation professionnelle agricole - Etablissements publics hospitaliers - Offices publics de l'habitat (3) Agrupaciones de autoridades territoriales:

- Etablissements publics de coopération intercommunale - Institutions interdépartementales et interrégionales - Syndicat des transports d'Île-de-France Italia Entidades - Società Stretto di Messina S.p.A.

- Mostra d'oltremare S.p.A.

- Ente nazionale per l'aviazione civile - ENAC - Società nazionale per l'assistenza al volo S.p.A. - ENAV - ANAS S.p.A - Società Stretto di Messina S.p.A.

- Mostra d'oltremare S.p.A.

- Ente nazionale per l'aviazione civile - ENAC - Società nazionale per l'assistenza al volo S.p.A. - ENAV - ANAS S.p.A Categorías - Consorzi per le opere idrauliche (consorcios para obras hidráulicas) - Università statali, gli istituti universitari statali, i consorzi per i lavori interessanti lê università (Universidades estatales, institutos universitarios estatales, consórcios para obras de interés universitario) - Istituzioni pubbliche di assistenza e di beneficenza (entidades públicas de asistencia y beneficencia) - Istituti superiori scientifici e culturali, osservatori astronomici, astrofisici, geofisici o vulcanologici (institutos científicos y culturales superiores, observatorios astronómicos, astrofísicos, geofísicos o vulcanológicos) - Enti di ricerca e sperimentazione (organizaciones de investigación y experimentación) - Enti che gestiscono forme obbligatorie di previdenza e di assistenza (agencias que gestionan formas obligatorias de seguridad social y asistencia ) - Consorzi di bonifica (consorcios para la bonificación de tierras) - Enti di sviluppo e di irrigazione (agencias de desarrollo y de irrigación) - Consorzi per le aree industriali (asociaciones para áreas industriales) - Enti preposti a servizi di pubblico interesse (organizaciones proveedoras de servicios de interés público) - Enti pubblici preposti ad attività di spettacolo, sportive, turistiche e del tempo libero (entes públicos comprometidos con actividades de entretenimiento, deporte, turismo y recreación) - Enti culturali e di promozione artistica (organizaciones promotoras de actividades culturales y artísticas) Chipre - Αξρή ΡƀƁηνƄειƂόξƀƃεο Κύπξνπ - ΔπηƄξνπή ΚƂƅƀιƀηƀγνξάο Κύπξνπ - ΔπίƄξνπνο ΡπζκίƃƂωο ΗιƂθƄξνληθώλ Δπηθνηλωληώλ θƀη ΣƀρπƁξνκƂίωλ - ΡπζκηƃƄηθή Αξρή ΔλέξγƂηƀο Κύπξνπ - Δƅνξηƀθό ΢πκβνύιην - ΢πκβνύιην Δγγξƀƅήο θƀη Διέγρνπ ΔξγνιεπƄώλ - ΑλνηθƄό ΠƀλƂπηƃƄήκην Κύπξνπ - ΠƀλƂπηƃƄήκην Κύπξνπ - ΣƂρλνινγηθό ΠƀλƂπηƃƄήκην Κύπξνπ - Έλωƃε Γήκωλ - Έλωƃε ΚνηλνƄήƄωλ - ΑλƀπƄπμηƀθή ΔƄƀηξƂίƀ Λάξλƀθƀο - ΣƀκƂίν Κνηλωληθήο ΢πλνρήο - ΣƀκƂίν Κνηλωληθώλ ΑƃƅƀιίƃƂωλ - ΣƀκƂίν ΠιƂνλάδνλƄνο Πξνƃωπηθνύ - ΚƂλƄξηθό ΣƀκƂίν ΑƁƂηώλ - ΑλƄηλƀξθωƄηθό ΢πκβνύιην Κύπξνπ - Ογθνινγηθό ΚέλƄξν Ƅεο ΣξάπƂδƀο Κύπξνπ - Οξγƀληƃκόο Αƃƅάιηƃεο ΤγƂίƀο - ΙλƃƄηƄνύƄν ZƂλƂƄηθήο θƀη ΝƂπξνινγίƀο - ΚƂλƄξηθή ΣξάπƂδƀ Ƅεο Κύπξνπ - ΥξεκƀƄηƃƄήξην Αμηώλ Κύπξνπ - Οξγƀληƃκόο ΥξεκƀƄνƁνƄήƃƂωο ΢Ƅέγεο - ΚƂλƄξηθόο ſνξέƀο ΙƃόƄηκεο ΚƀƄƀλνκήο Βƀξώλ - ΊƁξπκƀ ΚξƀƄηθώλ ΤπνƄξνƅηώλ Κύπξνπ - Κππξηƀθόο Οξγƀληƃκόο ΑγξνƄηθώλ Πιεξωκώλ - Οξγƀληƃκόο ZƂωξγηθήο Αƃƅάιηƃεο - ΔηƁηθό ΣƀκƂίν ΑλƀλƂώƃηκωλ Πεγώλ ΔλέξγƂηƀο θƀη Δμνηθνλόκεƃεο ΔλέξγƂηƀο - ΢πκβνύιην Διƀηνθνκηθώλ ΠξνϊόλƄωλ - Οξγƀληƃκόο Κππξηƀθήο ZƀιƀθƄνθνκηθήο Βηνκερƀλίƀο - ΢πκβνύιην ΑκπƂιννηληθώλ ΠξνϊόλƄωλ - ΢πκβνύιην Δκπνξίƀο Κππξηƀθώλ ΠƀƄƀƄώλ - Δπξωπƀϊθό ΙλƃƄηƄνύƄν Κύπξνπ - ΡƀƁηνƅωληθό ΊƁξπκƀ Κύπξνπ - Οξγƀληƃκόο ΝƂνιƀίƀο Κύπξνπ - Κππξηƀθόλ ΠξƀθƄνξƂίνλ ΔηƁήƃƂωλ - zƂƀƄξηθόο Οξγƀληƃκόο Κύπξνπ - Κππξηƀθόο Οξγƀληƃκόο ΑζιεƄηƃκνύ - Αξρή ΑλάπƄπμεο Αλζξώπηλνπ Γπλƀκηθνύ Κύπξνπ - Αξρή ΚξƀƄηθώλ ΔθζέƃƂωλ Κύπξνπ - ΔιƂγθƄηθή ΤπεξƂƃίƀ ΢πλƂξγƀƄηθώλ ΔƄƀηξƂηώλ - Κππξηƀθόο Οξγƀληƃκόο Σνπξηƃκνύ - Κππξηƀθόο Οξγƀληƃκόο ΑλƀπƄύμƂωο Zεο - ΢πκβνύιηƀ ΑπνρƂƄƂύƃƂωλ (Esta categoría hace referencia a la ΢πκβνύιηƀ ΑπνρƂƄƂύƃƂωλ que ha sido establecida y es operativa de conformidad con las disposiciones de la ΑπνρƂƄƂπƄηθώλ ΢πƃƄεκάƄωλ Νόκνπ Ν.1(Ι) de 1971) - ΢πκβνύιηƀ ΢ƅƀγƂίωλ (Esta categoría hace referencia a la ΚƂλƄξηθά θƀη ΚνηλνƄηθά ΢πκβνύιηƀ ΢ƅƀγƂίωλ gestionada por las autoridades locales, que ha sido establecida y es operativa de conformidad con las disposiciones de la ΢ƅƀγƂίωλ Νόκνπ N.26(Ι) de 2003) - ΢ρνιηθέο ΔƅνξƂίƂο (Esta categoría hace referencia a la ΢ρνιηθέο ΔƅνξƂίƂο que ha sido establecida y es operativa de conformidad con las disposiciones de la ΢ρνιηθώλ ΔƅνξƂηώλ Νόκνπ N.108 de 2003) - ΣƀκƂίν zήξƀο - Κππξηƀθόο Οξγƀληƃκόο ΓηƀρƂίξηƃεο ΑπνζƂκάƄωλ ΠƂƄξƂιƀηνƂηƁώλ - ΊƁξπκƀ ΣƂρλνινγίƀο Κύπξνπ - ΊƁξπκƀ Πξνώζεƃεο ΈξƂπλƀο - ΊƁξπκƀ ΔλέξγƂηƀο Κύπξνπ - ΔηƁηθό ΣƀκƂίν Πƀξƀρώξεƃεο ΔπηƁόκƀƄνο Γηƀθίλεƃεο Αλƀπήξωλ - ΣƀκƂίν ΔπεκƂξίƀο Δζλνƅξνπξνύ - ΊƁξπκƀ ΠνιηƄηƃκνύ Κύπξνπ Letonia - Sujetos de derecho público que realizan compras de acuerdo con "Publisko iepirkumu likuma prasībām" Lituania - Establecimientos de investigación y educación (instituciones de educación superior, establecimientos de investigación científica, parques de investigación así como establecimientos e instituciones, cuya actividad se relaciona con la evaluación y organización de investigación y educación) - Establecimientos educativos (de educación superior, de enseñanza profesional, de educación general, centros de preescolar, institutos de educación informal, institutos de educación especial y otros establecimientos) - Establecimientos de cultura (teatros, museos, librerías y otros establecimientos) - Establecimientos nacionales del sistema de salud de Lituania (establecimientos de protección de salud individual, establecimientos de protección de salud pública, establecimiento de actividades farmacéuticas y otros sistemas de protección de salud, entre otros) - Instituciones de cuidado social - Instituciones de cultura física y deportes (clubes deportivos, escuelas deportivas, centros deportivos, instalaciones deportivos y otros establecimientos) - Establecimientos del sistema de defensa nacional - Establecimientos de protección ambiental - Establecimientos que aseguren la seguridad y el orden público - Establecimiento del sistema de protección civil y de rescate - Proveedores de servicios de turismo (centros de información turística y otros establecimientos proveedores de servicios turísticos) - Otras personas públicas y privadas de acuerdo con las condiciones establecidas en el artículo 4, apartado 2, de la Ley de Contratación Pública (Valstybės ņinios", Boletín Oficial nº 84-2000, 1996; nº 4-102, 2006).

Luxemburgo - Établissements publics de l'État placés sous la surveillance d'un membre du gouvernement:

- Fonds d'Urbanisation et d'Aménagement du Plateau de Kirchberg - Fonds de Rénovation de Quatre Ilôts de la Vieille Ville de Luxembourg - Fonds Belval - Établissements publics placés sous la surveillance des communes.

- Syndicats de communes créés en vertu de la loi du 23 février 2001 concernant les syndicats de communes.

Hungría Entidades - Egyes költségvetési szervek (ciertos organismos presupuestarios) - Az elkülönített állami pénzalapok kezelője (organismos gestores de los diversos fondos estatales) - A közalapítványok (fundaciones públicas) - A Magyar Nemzeti Bank - A Magyar Nemzeti Vagyonkezelő Zrt.

- A Magyar Fejlesztési Bank Részvénytársaság - A Magyar Távirati Iroda Részvénytársaság - A közszolgálati műsorszolgáltatók (entes públicos de radiofusión) - Azok a közműsor-szolgáltatók, amelyek működését többségi részben állami, illetve önkormányzati költségvetésből finanszírozzák (entes públicos de radiofusión, financiados mayoritariamente con cargo al presupuesto público) - Az Országos Rádió és Televízió Testület Categorías - Organizaciones establecidas para el propósito de cumplir necesidades de interés público, que no tengan un carácter industrial o comercial, y controladas por entidades públicas, o financiadas, mayoritariamente, por entidades públicas (con presupuesto público) - Organizaciones establecidas por ley que determina sus tareas públicas y operación, y controladas por entidades públicas, o financiadas, en la mayor parte, por entidades públicas (del presupuesto público) - Organizaciones establecidas por entidades públicas para el propósito de desarrollar sus actividades básicas, y controladas por entidades públicas.

Malta - Uffiċċju tal-Prim Ministru (Oficina del Primer Ministro) - Kunsill Malti Għall-Iżvilupp Ekonomiku u Soċjali (Concejo de Malta para el Desarrollo Económico y Social).

- Awtorità tax-Xandir (Autoridad de Radiodifusión).

- Industrial Projects and Services Ltd.

- Kunsill ta' Malta għax-Xjenza u Teknoloġija (Consejo de Malta para la Ciencia y la Tecnología) - Ministeru tal-Finanzi (Ministerio de Finanzas) - Awtorità għas-Servizzi Finanzjarji ta' Malta (Autoridad de Servicios Financieros de Malta).

- Borża ta' Malta (Bolsa de Valores de Malta).

- Awtorità dwar Lotteriji u l-Loghob (Autoridad de Loterías y Juegos).

- Awtorità tal-Istatistika ta' Malta (Autoridad de Estadísticas de Malta).

- Sezzjoni ta' Konformità mat-Taxxa (Unidad de Cumplimiento de Impuestos).

- Ministeru tal-Ġustizzja u l-Intern (Ministerio de Justicia y Asuntos Internos) - Ċentru Malti tal-Arbitraġġ (Centro de Arbitraje de Malta).

- Kunsilli Lokali (Consejos Locales).

- Ministeru tal-Edukazzjoni, Żgħażagħ u Impjiegi (Ministerio de Educación, Juventud y Empleo) - Junior College.

- Kulleġġ Malti għall-Arti, Xjenza u Teknoloġija (Colegio de Artes, Ciencia y Tecnología de Malta).

- Università` ta' Malta (Universidad de Malta).

- Fondazzjoni għall-Istudji Internazzjonali (Fundación para Estudios Internacionales).

- Fondazzjoni għall-Iskejjel ta' Għada (Fundación para las Escuelas del Mañana).

- Fondazzjoni għal Servizzi Edukattivi (Fundación para Servicios Educativos).

- Korporazzjoni tal-Impjieg u t-Taħriġ (Corporación de Empleo y Formación).

- Awtorità` tas-Saħħa u s-Sigurtà (Autoridad de Salud y Seguridad).

- Istitut għalStudji Turistiċi (Instituto de Estudios Turísticos).

- Kunsill Malti għall-Isport.

- Bord tal-Koperattivi (Junta de Cooperativas).

- Pixxina Nazzjonali tal-Qroqq (National Pool tal-Qroqq).

- Ministeru tat-Turiżmu u Kultura (Ministerio de Turismo y Cultura) - Awtorità Maltija-għat-Turiżmu (Autoridad de Turismo de Malta).

- Heritage Malta.

- Kunsill Malti għall-Kultura u l-Arti (Consejo Nacional para la Cultura y las Artes).

- Ċentru għall-Kreativita fil-Kavallier ta' San Ġakbu (Centro de Creatividad St. James Cavalier).

- Orkestra Nazzjonali (Orquesta Nacional).

- Teatru Manoel (Teatro Manoel).

- Ċentru tal- Konferenzi tal-Mediterran (Centro de Conferencias Mediterráneo).

- Ċentru Malti għar-Restawr (Centro de Malta para la Restauración).

- Sovrintendenza tal-Patrimonju Kulturali (Superintendencia para el Legado Cultural).

- Fondazzjoni Patrimonju Malti.

- Ministeru tal-Kompetittività u l-Komunikazzjoni (Ministerio de Competitividad y Comunicaciones) - Awtorità` ta' Malta dwar il-Komuikazzjoni (Autoridad de Comunicaciones de Malta).

- Awtorità` ta' Malta dwar l-Istandards (Autoridad de Normas de Malta).

- Ministeru tar-Riżorsi u Infrastruttura (Ministerio de Recursos e Infraestructura) - Awtorità` ta' Malta dwar ir-Riżorsi (Autoridad de Recursos de Malta).

- Kunsill Konsultattiv dwar l-Industija tal-Bini (Consejo Consultivo de la Industria de la Construcción).

- Ministeru għal Għawdex (Ministerio para Gozo) - Ministeru tas-Saħħa, l-Anzjani u Kura fil-Komunità (Ministerio de Salud, Cuidado de Personas Mayores y Comunal) - Fondazzjoni għas-Servizzi Mediċi (Fundación para Servicios Médicos).

- Sptar Zammit Clapp (Hospital Zammit Clapp).

- Sptar Mater Dei (Hospital Mater Dei).

- Sptar Monte Carmeli (Hospital Mount Carmel).

- Awtorità dwar il-Mediċini (Autoridad de Medicina).

- Kumitat tal-Welfare (Comité de Bienestar).

- Ministeru għall-Investiment, Industrija u Teknologija ta' Informazzjoni (Ministerio para Inversión, Industria y Tecnología de Información) - Laboratorju Nazzjonali ta' Malta (Laboratorio Nacional de Malta).

- MGI/Mimcol.

- Gozo Channel Co. Ltd.

- Kummissjoni dwar il-Protezzjoni tad-Data (Comisión de Protección de Datos).

- MITTS - Sezzjoni tal-Privatizzazzjoni (Unidad de Privatización).

- Sezzjoni għan-Negozjati Kollettivi (Unidad de Privatización).

- Malta Enterprise.

- Malta Industrial Parks.

- Ministeru għall-Affarijiet Rurali u l-Ambjent (Ministerio de Asuntos Rurales y Ambiente) - Awtorità ta' Malta għall-Ambjent u l-Ippjanar (Autoridad de Ambiente y Planificación de Malta).

- Wasteserv Malta Ltd.

- Ministeru għall-Iżvilupp Urban u Toroq (Ministerio para el Desarrollo Urbano y de Caminos) - Ministeru għall-Familja u Solidarjetà Socjali (Ministerio para la Familia y la Seguridad Social) - Awtorità tad-Djar (Unidad de Privatización).

- Fondazzjoni għas-Servizzi Soċjali (Autoridad de Ambiente y Planificación de Malta).

- Sedqa.

- Appoġġ.

- Kummissjoni Nazzjonali Għal Persuni b'Diżabilità (Comisión Nacional para Personas Discapacitadas).

- Sapport.

- Ministeru għall-Affarijiet Barranin (Ministerio de Relaciones Exteriores) - Istitut Internazzjonali tal-Anzjani (Instituto Internacional sobre el Envejecimiento).

Países Bajos Entidades - Ministerie van Binnenlandse Zaken en Koninkrijksrelaties - Nederlands Instituut voor Brandweer en rampenbestrijding (NIBRA) - Nederlands Bureau Brandweer Examens (NBBE) - Landelijk Selectie- en Opleidingsinstituut Politie (LSOP) - 25 afzonderlijke politieregio's - (25 regiones policiales individuales) - Stichting ICTU - Voorziening tot samenwerking Politie Nederland - Ministerie van Economische Zaken - Stichting Syntens - Van Swinden Laboratorium B.V.

- Nederlands Meetinstituut B.V.

- Nederland Instituut voor Vliegtuigontwikkeling en Ruimtevaart (NIVR) - Nederlands Bureau voor Toerisme en Congressen - Samenwerkingsverband Noord Nederland (SNN) - Ontwikkelingsmaatschappij Oost Nederland N.V.(Oost N.V.)

- LIOF (Limburg Investment Development Company LIOF) - Noordelijke Ontwikkelingsmaatschappij (NOM) - Brabantse Ontwikkelingsmaatschappij (BOM) - Onafhankelijke Post en Telecommunicatie Autoriteit (Opta) - Centraal Bureau voor de Statistiek (CBS) - Energieonderzoek Centrum Nederland (ECN) - Stichting PUM (Programma Uitzending Managers) - Stichting Kenniscentrum Maatschappelijk Verantwoord Ondernemen (MVO) - Kamer van Koophandel Nederland - Ministerie van Financiën - De Nederlandse Bank N.V.

- Autoriteit Financiële Markten - Pensioen- & Verzekeringskamer - Ministerie van Justitie - Stichting Reclassering Nederland (SRN) - Stichting VEDIVO - Voogdij- en gezinsvoogdij instellingen - (Instituciones de Tutela y Tutela Familiar) - Stichting Halt Nederland (SHN) - Particuliere Internaten - (Internados Privados) - Particuliere Jeugdinrichtingen - (Instituciones Penales para Infractores Juveniles) - Schadefonds Geweldsmisdrijven - Centraal Orgaan opvang asielzoekers (COA) - Landelijk Bureau Inning Onderhoudsbijdragen (LBIO) - Landelijke organisaties slachtofferhulp - College Bescherming Persoongegevens - Raden voor de Rechtsbijstand - Stichting Rechtsbijstand Asiel - Stichtingen Rechtsbijstand - Landelijk Bureau Racisme bestrijding (LBR) - Clara Wichman Instituut - Ministerie van Landbouw, Natuur en Voedselkwaliteit - Bureau Beheer Landbouwgronden - Faunafonds - Staatsbosbeheer - Stichting Voorlichtingsbureau voor de Voeding - Universiteit Wageningen - Stichting DLO - (Hoofd) productschappen - (agrupaciones profesionales) - Ministerie van Onderwijs, Cultuur en Wetenschap Las autoridades competentes de:

- escuelas públicas o escuelas privadas financiadas con fondos públicos sometidas a la Wet op het primair onderwijs (Ley de Educación Primaria); - escuelas públicas o privadas financiadas con fondos públicos para la educación primaria especial, sometidas a la Wet op het primair onderwijs (Ley de Educación Primaria); - escuelas e instituciones públicas o privadas financiadas con fondos públicos para la educación especial y secundaria, sometidos a la Wet op de expertisecentra (Ley de Centros de Recursos); - escuelas e instituciones públicas o privadas financiadas con fondos públicos para la educación secundaria, sometidos a la Wet op het voortgezet onderwijs (Ley de Educación Secundaria); - instituciones públicas o privadas financiadas con fondos públicos para la educación, sometidas a la Wet Educatie en Beroepsonderwijs (Ley de Educación y Formación Profesional); - universidades públicas e instituciones de enseñanza superior financiadas con fondos públicos, la Open University y hospitales universitarios, sometidas a la Wet op het hoger onderwijs en wetenschappelijk onderzoek (Ley de Enseñanza Superior e Investigación Científica); - servicios de orientación escolar sometidos a la Wet op het primair onderwijs (Ley de Educación Primaria) y a la Wet op de exertisecentra (Ley de Centros de Recursos); - centros nacionales para el profesorado sometidos a la Wet subsidiëring landelijke onderwijsondersteunende activiteiten (Ley de Subsidios a las Actividades Nacionales de Apoyo a la Educación); - Organizaciones de radiodifusión sometidas a la Mediawet (Ley de Medios de Comunicación), siempre que estén financiadas en más del 50% por el Ministerio de Educación, Cultura y Ciencia; - Servicios sometidos a la Wet Verzelfstandiging Rijksmuseale Diensten (Ley de Privatización de Servicios de Museos Nacionales); - Otras organizaciones e instituciones del ámbito de la educación, la cultura y la ciencia que estén financiadas en más del 50% por el Ministerio de Educación, Cultura y Ciencia.

- Todas las organizaciones que estén financiadas en más del 50% por el Ministerio de Educación, Cultura y Ciencia, como, por ejemplo:

- Bedrijfsfonds voor de Pers (BvdP) - Commissariaat voor de Media (CvdM) - Informatie Beheer Groep (IB-Groep) - Koninklijke Bibliotheek (KB) - Koninklijke Nederlandse Academie van Wetenschappen (KNAW) - Vereniging voor Landelijke organen voor beroepsonderwijs (COLO) - Nederlands Vlaams Accreditatieorgaan Hoger Onderwijs (NVAO) - Fonds voor beeldende kunsten, vormgeving en bouwkunst - Fonds voor Amateurkunsten en Podiumkunsten - Fonds voor de scheppende toonkunst - Mondriaanstichting - Nederlands fonds voor de film - Stimuleringsfonds voor de architectuur - Fonds voor Podiumprogrammering- en marketing - Fonds voor de letteren - Nederlands Literair Productie- en Vertalingsfonds - Nederlandse Omroepstichting (NOS) - Nederlandse Organisatie voor Toegepast Natuurwetenschappelijk Onderwijs (TNO) - Nederlandse Organisatie voor Wetenschappelijk Onderzoek (NWO) - Stimuleringsfonds Nederlandse culturele omroepproducties (STIFO) - Vervangingsfonds en bedrijfsgezondheidszorg voor het onderwijs (VF) - Nederlandse organisatie voor internationale samenwerking in het hoger onderwijs (Nuffic) - Europees Platform voor het Nederlandse Onderwijs - Nederlands Instituut voor Beeld en Geluid (NIBG) - Stichting ICT op school - Stichting Anno - Stichting Educatieve Omroepcombinatie (EduCom) - Stichting Kwaliteitscentrum Examinering (KCE) - Stichting Kennisnet - Stichting Muziek Centrum van de Omroep - Stichting Nationaal GBIF Kennisknooppunt (NL-BIF) - Stichting Centraal Bureau voor Genealogie - Stichting Ether Reclame (STER) - Stichting Nederlands Instituut Architectuur en Stedenbouw - Stichting Radio Nederland Wereldomroep - Stichting Samenwerkingsorgaan Beroepskwaliteit Leraren (SBL) - Stichting tot Exploitatie van het Rijksbureau voor Kunsthistorische documentatie (RKD) - Stichting Sectorbestuur Onderwijsarbeidsmarkt - Stichting Nationaal Restauratiefonds - Stichting Forum voor Samenwerking van het Nederlands Archiefwezen en Documentaire Informatie - Rijksacademie voor Beeldende Kunst en Vormgeving - Stichting Nederlands Onderwijs in het Buitenland - Stichting Nederlands Instituut voor Fotografie - Nederlandse Taalunie - Stichting Participatiefonds voor het onderwijs - Stichting Uitvoering Kinderopvangregelingen/Kintent - Stichting voor Vluchteling-Studenten UAF - Stichting Nederlands Interdisciplinair Demografisch Instituut - College van Beroep voor het Hoger Onderwijs - Vereniging van openbare bibliotheken NBLC - Nederlandse Programmastichting - Stichting Stimuleringsfonds Nederlandse Culturele Omroepproducties - Stichting Lezen - Centrum voor innovatie van opleidingen - Instituut voor Leerplanontwikkeling - Landelijk Dienstverlenend Centrum voor studie- en beroepskeuzevoorlichting - Max Goote Kenniscentrum voor Beroepsonderwijs en Volwasseneneducatie - Stichting Vervangingsfonds en Bedrijfsgezondheidszorg voor het Onderwijs - BVE-Raad - Colo, Vereniging kenniscentra beroepsonderwijs bedrijfsleven - Stichting kwaliteitscentrum examinering beroepsonderwijs - Vereniging Jongerenorganisatie Beroepsonderwijs - Combo, Stichting Combinatie Onderwijsorganisatie - Stichting Financiering Struktureel Vakbondsverlof Onderwijs - Stichting Samenwerkende Centrales in het COPWO - Stichting SoFoKles - Europees Platform - Stichting mobiliteitsfonds HBO - Nederlands Audiovisueel Archiefcentrum - Stichting minderheden Televisie Nederland - Stichting omroep allochtonen - Stichting Multiculturele Activiteiten Utrecht - School der Poëzie - Nederlands Perscentrum - Nederlands Letterkundig Museum en documentatiecentrum - Bibliotheek voor varenden - Christelijke bibliotheek voor blinden en slechtzienden - Federatie van Nederlandse Blindenbibliotheken - Nederlandse luister- en braillebibliotheek - Federatie Slechtzienden- en Blindenbelang - Bibliotheek Le Sage Ten Broek - Doe Maar Dicht Maar - ElHizjra - Fonds Bijzondere Journalistieke Projecten - Fund for Central and East European Bookprojects - Jongeren Onderwijs Media - Ministerie van Sociale Zaken en Werkgelegenheid - Sociale Verzekeringsbank - Sociaal Economische Raad (SER) - Raad voor Werk en Inkomen (RWI) - Centrale organisatie voor werk en inkomen - Uitvoeringsinstituut werknemersverzekeringen - Ministerie van Verkeer en Waterstaat - RDW, Dienst Wegverkeer - Luchtverkeersleiding Nederland (LVNL) - Nederlandse Loodsencorporatie (NLC) - Regionale Loodsencorporatie (RLC) - Ministerie van Volkshuisvesting, Ruimtelijke Ordening en Milieubeheer - Kadaster - Centraal Fonds voor de Volkshuisvesting - Stichting Bureau Architectenregister - Ministerie van Volksgezondheid, Welzijn en Sport - Commissie Algemene Oorlogsongevallenregeling Indonesië (COAR) - College ter beoordeling van de Geneesmiddelen (CBG) - Commissies voor gebiedsaanwijzing - College sanering Ziekenhuisvoorzieningen - Zorgonderzoek Nederland (ZON) - Inspection bodies under the Wet medische hulpmiddelen - N.V. KEMA/Stichting TNO Certification - College Bouw Ziekenhuisvoorzieningen (CBZ) - College voor Zorgverzekeringen (CVZ) - Nationaal Comité 4 en 5 mei - Pensioen- en Uitkeringsraad (PUR) - College Tarieven Gezondheidszorg (CTG) - Stichting Uitvoering Omslagregeling Wet op de Toegang Ziektekostenverzekering (SUO) - Stichting tot bevordering van de Volksgezondheid en Milieuhygiëne (SVM) - Stichting Facilitair Bureau Gemachtigden Bouw VWS - Stichting Sanquin Bloedvoorziening - College van Toezicht op de Zorgverzekeringen organen ex artikel 14, lid 2c, Wet BIG - Ziekenfondsen - Nederlandse Transplantatiestichting (NTS) - Regionale Indicatieorganen (RIO's) Austria - Todos los organismos sometidos al control presupuestario del Rechnungshof (Tribunal de Auditores), excepto aquellos de naturaleza industrial o comercial.

Polonia (1) Universidades públicas e instituciones académicas - Uniwersytet w Białymstoku - Uniwersytet w Gdańsku - Uniwersytet Śląski - Uniwersytet Jagielloński w Krakowie - Uniwersytet Kardynała Stefana Wyszyńskiego - Katolicki Uniwersytet Lubelski - Uniwersytet Marii Curie-Skłodowskiej - Uniwersytet Łódzki - Uniwersytet Opolski - Uniwersytet im. Adama Mickiewicza - Uniwersytet Mikołaja Kopernika - Uniwersytet Szczeciński - Uniwersytet Warmińsko-Mazurski w Olsztynie - Uniwersytet Warszawski - Uniwersytet Rzeszowski - Uniwersytet Wrocławski - Uniwersytet Zielonogórski - Uniwersytet Kazimierza Wielkiego w Bydgoszczy - Akademia Techniczno-Humanistyczna w Bielsku-Białej - Akademia Górniczo-Hutnicza im. St. Staszica w Krakowie - Politechnika Białostocka - Politechnika Częstochowska - Politechnika Gdańska - Politechnika Koszalińska - Politechnika Krakowska - Politechnika Lubelska - Politechnika Łódzka - Politechnika Opolska - Politechnika Poznańska - Politechnika Radomska im. Kazimierza Pułaskiego - Politechnika Rzeszowska im. Ignacego Łukasiewicza - Politechnika Szczecińska - Politechnika Śląska - Politechnika Świętokrzyska - Politechnika Warszawska - Politechnika Wrocławska - Akademia Morska w Gdyni - Wyższa Szkoła Morska w Szczecinie - Akademia Ekonomiczna im. Karola Adamieckiego w Katowicach - Akademia Ekonomiczna w Krakowie - Akademia Ekonomiczna w Poznaniu - Szkoła Główna Handlowa - Akademia Ekonomiczna im. Oskara Langego we Wrocławiu - Akademia Pedagogiczna im. KEN w Krakowie - Akademia Pedagogiki Specjalnej im. Marii Grzegorzewskiej - Akademia Podlaska w Siedlcach - Akademia Świętokrzyska im. Jana Kochanowskiego w Kielcach - Pomorska Akademia Pedagogiczna w Słupsku - Akademia Pedagogiczna im. Jana Długosza w Częstochowie - Wyższa Szkoła Filozoficzno-Pedagogiczna "Ignatianum" w Krakowie - Wyższa Szkoła Pedagogiczna w Rzeszowie - Akademia Techniczno-Rolnicza im. J. J. Śniadeckich w Bydgoszczy - Akademia Rolnicza im. Hugona Kołłątaja w Krakowie - Akademia Rolnicza w Lublinie - Akademia Rolnicza im. Augusta Cieszkowskiego w Poznaniu - Akademia Rolnicza w Szczecinie - Szkoła Główna Gospodarstwa Wiejskiego w Warszawie - Akademia Rolnicza we Wrocławiu - Akademia Medyczna w Białymstoku - Akademia Medyczna imt Ludwika Rydygiera w Bydgoszczy - Akademia Medyczna w Gdańsku - Śląska Akademia Medyczna w Katowicach - Collegium Medicum Uniwersytetu Jagiellońskiego w Krakowie - Akademia Medyczna w Lublinie - Uniwersytet Medyczny w Łodzi - Akademia Medyczna im. Karola Marcinkowskiego w Poznaniu - Pomorska Akademia Medyczna w Szczecinie - Akademia Medyczna w Warszawie - Akademia Medyczna im. Piastów Śląskich we Wrocławiu - Centrum Medyczne Kształcenia Podyplomowego - Chrześcijańska Akademia Teologiczna w Warszawie - Papieski Fakultet Teologiczny we Wrocławiu - Papieski Wydział Teologiczny w Warszawie - Instytut Teologiczny im. Błogosławionego Wincentego Kadłubka w Sandomierzu - Instytut Teologiczny im. Świętego Jana Kantego w Bielsku-Białej - Akademia Marynarki Wojennej im. Bohaterów Westerplatte w Gdyni - Akademia Obrony Narodowej - Wojskowa Akademia Techniczna im. Jarosława Dąbrowskiego w Warszawie - Wojskowa Akademia Medyczna im. Gen. Dyw. Bolesława Szareckiego w Łodzi - Wyższa Szkoła Oficerska Wojsk Lądowych im. Tadeusza Kościuszki we Wrocławiu - Wyższa Szkoła Oficerska Wojsk Obrony Przeciwlotniczej im. Romualda Traugutta - Wyższa Szkoła Oficerska im. gen. Józefa Bema w Toruniu - Wyższa Szkoła Oficerska Sił Powietrznych w Dęblinie - Wyższa Szkoła Oficerska im. Stefana Czarnieckiego w Poznaniu - Wyższa Szkoła Policji w Szczytnie - Szkoła Główna Służby Pożarniczej w Warszawie - Akademia Muzyczna im. Feliksa Nowowiejskiego w Bydgoszczy - Akademia Muzyczna im. Stanisława Moniuszki w Gdańsku - Akademia Muzyczna im. Karola Szymanowskiego w Katowicach - Akademia Muzyczna w Krakowie - Akademia Muzyczna im. Grażyny i Kiejstuta Bacewiczów w Łodzi - Akademia Muzyczna im. Ignacego Jana Paderewskiego w Poznaniu - Akademia Muzyczna im. Fryderyka Chopina w Warszawie - Akademia Muzyczna im. Karola Lipińskiego we Wrocławiu - Akademia Wychowania Fizycznego i Sportu im. Jędrzeja Śniadeckiego w Gdańsku - Akademia Wychowania Fizycznego w Katowicach - Akademia Wychowania Fizycznego im. Bronisława Czecha w Krakowie - Akademia Wychowania Fizycznego im. Eugeniusza Piaseckiego w Poznaniu - Akademia Wychowania Fizycznego Józefa Piłsudskiego w Warszawie - Akademia Wychowania Fizycznego we Wrocławiu - Akademia Sztuk Pięknych w Gdańsku - Akademia Sztuk Pięknych Katowicach - Akademia Sztuk Pięknych im. Jana Matejki w Krakowie - Akademia Sztuk Pięknych im. Władysława Strzemińskiego w Łodzi - Akademia Sztuk Pięknych w Poznaniu - Akademia Sztuk Pięknych w Warszawie - Akademia Sztuk Pięknych we Wrocławiu - Państwowa Wyższa Szkoła Teatralna im. Ludwika Solskiego w Krakowie - Państwowa Wyższa Szkoła Filmowa, Telewizyjna i Teatralna im. Leona Schillera w Łodzi - Akademia Teatralna im. Aleksandra Zelwerowicza w Warszawie - Państwowa Wyższa Szkoła Zawodowa im. Jana Pawła II w Białej Podlaskiej - Państwowa Wyższa Szkoła Zawodowa w Chełmie - Państwowa Wyższa Szkoła Zawodowa w Ciechanowie - Państwowa Wyższa Szkoła Zawodowa w Elblągu - Państwowa Wyższa Szkoła Zawodowa w Głogowie - Państwowa Wyższa Szkoła Zawodowa w Gorzowie Wielkopolskim - Państwowa Wyższa Szkoła Zawodowa im. Ks, Bronisława Markiewicza w Jarosławiu - Kolegium Karkonoskie w Jeleniej Górze - Państwowa Wyższa Szkoła Zawodowa im. Prezydenta Stanisława Wojciechowskiego w Kaliszu - Państwowa Wyższa Szkoła Zawodowa w Koninie - Państwowa Wyższa Szkoła Zawodowa w Krośnie - Państwowa Wyższa Szkoła Zawodowa im, Witelona w Legnicy - Państwowa Wyższa Szkoła Zawodowa im. Jana Amosa Komeńskiego w Lesznie - Państwowa Wyższa Szkoła Zawodowa w Nowym Sączu - Państwowa Wyższa Szkoła Zawodowa w Nowym Targu - Państwowa Wyższa Szkoła Zawodowa w Nysie - Państwowa Wyższa Szkoła Zawodowa im. Stanisława Staszica w Pile - Państwowa Wyższa Szkoła Zawodowa w Płocku - Państwowa Wyższa Szkoła Wschodnioeuropejska w Przemyślu - Państwowa Wyższa Szkoła Zawodowa w Raciborzu - Państwowa Wyższa Szkoła Zawodowa im. Jana Gródka w Sanoku - Państwowa Wyższa Szkoła Zawodowa w Sulechowie - Państwowa Wyższa Szkoła Zawodowa im. Prof. Stanisława Tarnowskiego w Tarnobrzegu - Państwowa Wyższa Szkoła Zawodowa w Tarnowie - Państwowa Wyższa Szkoła Zawodowa im. Angelusa Silesiusa w Wałbrzychu - Państwowa Wyższa Szkoła Zawodowa we Włocławku - Państwowa Medyczna Wyższa Szkoła Zawodowa w Opolu - Państwowa Wyższa Szkoła Informatyki i Przedsiębiorczości w Łomży - Państwowa Wyższa Szkoła Zawodowa w Gnieźnie - Państwowa Wyższa Szkoła Zawodowa w Suwałkach - Państwowa Wyższa Szkoła Zawodowa w Wałczu - Państwowa Wyższa Szkoła Zawodowa w Oświęcimiu - Państwowa Wyższa Szkoła Zawodowa w Zamościu (2) Instituciones culturales de gobiernos autónomos regionales y locales (3) Parques nacionales - Babiogórski Park Narodowy - Białowieski Park Narodowy - Biebrzański Park Narodowy - Bieszczadzki Park Narodowy - Drawieński Park Narodowy - Gorczański Park Narodowy - Kampinoski Park Narodowy - Karkonoski Park Narodowy - Magurski Park Narodowy - Narwiański Park Narodowy - Ojcowski Park Narodowy - Park Narodowy "Bory Tucholskie" - Park Narodowy Gór Stołowych - Park Narodowy "Ujście Warty" - Pieniński Park Narodowy - Poleski Park Narodowy - Roztoczański Park Narodowy - Słowiński Park Narodowy - Świętokrzyski Park Narodowy - Tatrzański Park Narodowy - Wielkopolski Park Narodowy - Wigierski Park Narodowy - Woliński Park Narodowy (4) Escuelas públicas primarias y secundarias (5) Emisoras públicas de radio y televisión - Telewizja Polska S.A. (Polish TV) - Polskie Radio S.A. (Polish Radio) (6) Museos públicos, teatros, bibliotecas y otras instituciones culturales públicas:

- Muzeum Narodowe w Krakowie - Muzeum Narodowe w Poznaniu - Muzeum Narodowe w Warszawie - Zamek Królewski w Warszawie - Zamek Królewski na Wawelu - Państwowe Zbiory Sztuki - Muzeum Żup Krakowskich - Państwowe Muzeum Auschwitz-Birkenau - Państwowe Muzeum na Majdanku - Muzeum Stutthof w Sztutowie - Muzeum Zamkowe w Malborku - Centralne Muzeum Morskie - Muzeum "Łazienki Królewskie" - Muzeum Pałac w Wilanowie - Muzeum Łowiectwa i Jeździectwa w Warszawie - Muzeum Wojska Polskiego - Teatr Narodowy - Narodowy Stary Teatr Kraków - Teatr Wielki - Opera Narodowa - Filharmonia Narodowa - Galeria Zachęta - Centrum Sztuki Współczesnej - Centrum Rzeźby Polskiej w Orońsku - Międzynarodowe Centrum Kultury w Krakowie - Instytut im, Adama Mickiewicza - Dom Pracy Twórczej w Wigrach - Dom Pracy Twórczej w Radziejowicach - Instytut Dziedzictwa Narodowego - Biblioteka Narodowa - Instytut Książki - Polski Instytut Sztuki Filmowej - Instytut Teatralny - Filmoteka Narodowa - Narodowe Centrum Kultury - Muzeum Sztuki Nowoczesnej w Warszawie - Muzeum Historii Polski w Warszawie - Centrum Edukacji Artystycznej (7) Instituciones públicas de investigación, instituciones de investigación y desarrollo, y otras instituciones de investigación (8) Unidades Gerenciales de Cuidados de Salud Pública Autónomas cuyo ente de financiamiento es un ente autónomo regional o local o asociación del mismo (9) Otros - Państwowa Agencja Informacji i Inwestycji Zagranicznych Portugal - Institutos públicos sem carácter comercial ou industrial - (institutos públicos sin carácter comercial o industrial) - Serviços públicos personalizados - (servicios públicos con personalidad jurídica) - Fundações públicas- (fundaciones públicas) - Estabelecimentos públicos de ensino, investigação científica e saúde - (instituciones públicas para educación, investigación científica y salud), - INGA (Instituto Nacional de Intervenção e Garantia Agrícola/Instituto Nacional de Intervención y Garantía Agrícola) - Instituto do Consumidor- (Instituto del Consumidor) - Instituto de Meteorologia -(Instituto de Meteorología) - Instituto da Conservação da Natureza -(Instituto de Conservación de la Naturaleza) Instituto da Agua-(Instituto del Agua) - ICEP / Instituto de Comércio Externo de Portugal-(Instituto de Comercio Exterior de Portugal) - Instituto do Sangue -(Instituto de la Sangre) Rumanía - Academia Română - Biblioteca Naţională a României - Arhivele Naţionale - Institutul Diplomatic Român - Institutul Cultural Român - Institutul European din România - Institutul de Investigare a Crimelor Comunismului - Institutul de Memorie Culturală - Agenţia Naţională pentru Programe Comunitare în Domeniul Educaţiei şi Formării Profesionale - Centrul European UNESCO pentru Invăţământul Superior - Comisia Naţională a României pentru UNESCO - Societatea Română de Radiodifuziune - Societatea Română de Televiziune - Societatea Naţională pentru Radiocomunicaţii - Centrul Naţional al Cinematografiei - Studioul de Creaţie Cinematografică - Arhiva Naţională de Filme - Muzeul Naţional de Artă Contemporană - Palatul Naţional al Copiilor - Centrul Naţional pentru Burse de Studii în Străinătate - Agenţia pentru Sprijinirea Studenţilor - Comitetul Olimpic şi Sportiv Român - Agenţia pentru Cooperare Europeană în domeniul Tineretului (EUROTIN) - Agenţia Naţională pentru Sprijinirea Iniţiativelor Tinerilor (ANSIT) - Institutul Naţional de Cercetare pentru Sport - Consiliul Naţional pentru Combaterea Discriminării - Secretariatul de Stat pentru Problemele Revoluţionarilor din Decembrie 1989 - Secretariatul de Stat pentru Culte - Agenţia Naţională pentru Locuinţe - Casa Naţională de Pensii şi alte Drepturi de Asigurări Sociale - Casa Naţională de Asigurări de Sănătate - Inspecţia Muncii - Oficiul Central de Stat pentru Probleme Speciale - Inspectoratul General pentru Situaţii de Urgenţă - Agenţia Naţională de Consultanţă Agrícola - Agenţia Naţională pentru Ameliorare şi Reproducţie în Zootehnie - Laboratorul Central pentru Carantină Fitosanitară - Laboratorul Central pentru Calitatea Seminţelor şi a Materialului Săditor - Insitutul pentru Controlul produselor Biologice şi Medicamentelor de Uz Veterinar - Institutul de Igienă şi Sănătate Publică şi Veterinară - Institutul de Diagnostic şi Sănătate Animală - Institutul de Stat pentru Testarea şi Înregistrarea Soiurilor - Banca de Resurse GeneticeVegetale - Agenţia Naţională pentru Dezvoltarea şi Implementarea Programelor de Reconstrucţie a Zonele Miniere - Agenţia Naţională pentru Substanţe şi Preparate Chimice Periculoase - Agenţia Naţională de Control al Exporturilor Strategice şi al Interzicerii Armelor Chimice - Administraţia Rezervaţiei Biosferei "Delta Dunării" Tulcea - Regia Naţională a Pădurilor (ROMSILVA) - Administraţia Naţională a Rezervelor de Stat - Administraţia Naţională Apele Române - Administraţia Naţională de Meteorologie - Comisia Naţională pentru Reciclarea Materialelor - Comisia Naţională pentru Controlul Activităţilor Nucleare - Agenţia Manageriala de Cercetare Știinţifică, Inovare şi Transfer Tehnologic - Oficiul pentru Administrare şi Operare al Infrastructurii de Comunicaţii de Date "RoEduNet" - Inspecţia de Stat pentru Controlul Cazanelor, Recipientelor sub Presiune şi Instalaţiilor de Ridicat - Centrul Român pentru Pregătirea şi Perfecţionarea Personalului din Transporturi Navale - Inspectoratul Navigaţiei Civile (INC) - Regia Autonomă Registrul Auto Român - Agenţia Spaţială Română - Scoala Superioară de Aviaţie Civilă - Regia Autonomă "Autoritatea Aeronautică Civilă Română - Aeroclubul României - Centrul de Pregătire pentru Personalul din Industrie Buşteni - Centrul Român de Comerţ Exterior - Centrul de Formare şi Management Bucureşti - Agenţia de Cercetare pentru Tehnică şi Tehnologii militare - Agenţia Română de Intervenţii şi Salvare Navală-ARSIN - Asociaţia Română de Standardizare (ASRO) - Asociaţia de Acreditare din România (RENAR) - Comisia Naţională de Prognoză (CNP) - Institutul Naţional de Statistică (INS) - Comisia Naţională a Valorilor Mobiliare (CNVM) - Comisia de Supraveghere a Asigurărilor (CSA) - Comisia de Supraveghere a Sistemului de Pensii Private - Consiliul Economic şi Social (CES) - Agenţia Domeniilor Statului - Oficiul Naţional al Registrului Comerţului - Autoritatea pentru Valorificarea Activelor Statului (AVAS) - Consiliul Naţional pentru Studierea Arhivelor Securităţii - Avocatul Poporului - Institutul Naţional de Administraţie (INA) - Inspectoratul Naţional pentru Evidenţa Persoanelor - Oficiul de Stat pentru Invenţii şi Mărci (OSIM) - Oficiul Român pentru Drepturile de Autor (ORDA) - Oficiul Naţional al Monumentelor Istorice - Oficiul Naţional de Prevenire şi Combatere a Spălării Banilor (ONPCSB) - Biroul Român de Metrologie Legală - Inspectoratul de Stat în Construcţii - Compania Naţională de Investiţii - Compania Naţională de Autostrăzi şi Drumuri Naţionale - Agenţia Naţională de Cadastru şi Publicitate Imobiliară - Administraţia Naţională a Îmbunătăţirilor Funciare - Garda Financiară - Garda Naţională de Mediu - Institutul Naţional de Expertize Criminalistice - Institutul Naţional al Magistraturii - Scoala Nationala de Grefieri - Administraţia Generală a Penitenciarelor - Oficiul Registrului Naţional al Informaţiilor Secrete de Stat - Autoritatea Naţională a Vămilor - Banca Naţională a României - Regia Autonomă "Monetăria Statului" - Regia Autonomă "Imprimeria Băncii Naţionale" - Regia Autonomă "Monitorul Oficial" - Oficiul Naţional pentru Cultul Eroilor - Oficiul Român pentru Adopţii - Oficiul Român pentru Imigrări - Compania Naţională "Loteria Română" - Compania Naţională "ROMTEHNICA" - Compania Naţională "ROMARM" - Agenţia Naţională pentru Romi - Agenţia Naţională de Presă "ROMPRESS" - Regia Autonomă "Administraţia Patrimoniului Protocolului de Stat" - Institute şi Centre de Cercetare (Institutos y Centros de Investigación ) - Instituţii de învăţământ de stat (Institutos de Educación Estatal) - Universităţi de stat (Universidades Estatales) - Muzee (Museos) - Biblioteci de stat (Bibliotecas estatales) - Teatre de stat, opere, operete, filarmonica, centre şi case de cultură, (Teatros Estatales, Operas, Operetas, Orquesta Filarmónica, Casas y Centros Culturales ) - Reviste (Revistas) - Edituri (Casas Editoras) - Inspectorate scolare, de cultură, de culte (Inspecciones de Escuelas, Cultura y Cultos) - Complexuri, federaţii şi cluburi sportive (Federaciones y Clubes Deportivos) - Spitale, sanatorii, policlinici, dispensare, centre medicale, institute medico-legale, staţii ambulanţă (Hospitales, Sanatorios, Clínicas, Unidades Médicas, Institutos Médico-Legales, Estacionamientos de Ambulancias) - Unităţi de asistenţă socială (Unidades de Asistencia Social) - Tribunale (Cortes) - Judecătorii (Juzgados) - Curţi de Apel (Cortes de Apelación) - Penitenciare (Penitenciarías) - Parchetele de pe lângă instanţele judecătoreşti (Oficinas de Fiscales) - Unităţi militare (Unidades Militares) - Instanţe militare (Cortes Militares) - Inspectorate de poliţie (Inspecciones Judiciales) - Centre de odihnă (Casas de Descanso) Eslovenia - Javni zavodi s področja vzgoje, izobraņevanja ter ńporta (entidades públicas en el área de cuidado infantil, educación y deporte) - Javni zavodi s področja zdravstva (institutos públicos de atención a la salud) - Javni zavodi s področja socialnega varstva (institutos públicos de seguridad social) - Javni zavodi s področja kulture (institutos públicos de cultura) - Javni zavodi s področja raziskovalne dejavnosti (institutos públicos de ciencia e investigación) - Javni zavodi s področja kmetijstva in gozdarstva (institutos públicos de agricultura y silvicultura) - Javni zavodi s področja okolja in prostora (institutos públicos de medio ambiente y planificación territorial) - Javni zavodi s področja gospodarskih dejavnosti (institutos públicos de actividades económicas) - Javni zavodi s področja malega gospodarstva in turizma (institutos públicos de la pequeña empresa y el turismo) - Javni zavodi s področja javnega reda in varnosti (institutos públicos de orden público y seguridad) - Agencije (agencias) - Skladi socialnega zavarovanja (fondos de la seguridad social) - Javni skladi na ravni drņave in na ravni občin (fondos públicos del Gobierno central y de los municipios) - Druņba za avtoceste v RS (empresa eslovena de las autopistas) - Entidades creadas por el Estado u órganos locales y cubiertas bajo el presupuesto de Eslovenia y otras autoridades locales - Otras personas jurídicas que responden a la definición de "personas de Estado" establecida en el ZJN-2, artículo 3, apartado 2.

Eslovaquia - Cualquier persona jurídica constituida o establecida por cualquier reglamento o medida administrativa con el propósito de cumplir necesidades de interés general, que no tenga carácter industrial o comercial, y que al mismo tiempo satisfaga al menos alguna de las siguientes condiciones:

- estar total o parcialmente financiada por una autoridad contratante, por ejemplo autoridad de gobierno, municipalidad, Región Autónoma u otra persona jurídica, que satisface las mismas condiciones indicadas en el artículo 1, apartado 9, letras a), b) o c) de la Directiva 2004/18/EC del Parlamento del Reino Unido(*) y del Consejo, (*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parlamento Europeo") - estar manejada o controlada por una autoridad contratante, por ejemplo autoridad de gobierno, municipalidad, Región Autónoma u otra persona jurídica, que satisface las mismas condiciones indicadas en el artículo 1, apartado 9, letras a), b) o c) de la Directiva 2004/18/EC del Parlamento del Reino Unido(*) y del Consejo, (*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parlamento Europeo") - ser autoridad contratante, por ejemplo autoridad de gobierno, municipalidad, Región Autónoma u otra persona jurídica, que satisface las mismas condiciones indicadas en el artículo 1, apartado 9, letras a), b) o c) de la Directiva 2004/18/EC del Parlamento del Reino Unido(*) y del Consejo, que nombra o elige más de la mitad mas uno de los miembros de la junta general o supervisora.

(*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicaba "Parlamento Europeo") Dichas personas son entidades de Derecho público que ejercen la actividad, por ejemplo:

- Conforme a la Ley nº 16/2004 Coll. sobre la Televisión Eslovaca, - Conforme a la Ley nº 619/2003 Coll. sobre la Radio Eslovaca, - Conforme a la Ley nº 581/2004 Coll. sobre las compañías de seguro de salud en los términos de la Ley nº 719/2004 Coll. que provean seguros de salud de conformidad con la Ley nº 580/2004 Coll., - Conforme a la Ley nº 121/2005 Coll., por la cual se promulga la redacción consolidada de la Ley nº 461/2003 Coll. sobre la seguridad social, modificada.

Finlandia Organismos o empresas públicos o de control público, excepto aquellos de naturaleza comercial.

Suecia Todos los entes no comerciales cuyos contratos públicos están sujetos a la supervisión de la Autoridad Sueca de la Competencia.

Reino Unido Entidades - Design Council - Health and Safety Executive - National Research Development Corporation - Public Health Laboratory Service Board - Advisory, Conciliation and Arbitration Service - Commission for the New Towns - National Blood Authority - National Rivers Authority - Scottish Enterprise - Ordnance Survey - Financial Services Authority Categorías - Escuelas gestionadas - Universidades y colegios financiados mayoritariamente por otras entidades contratantes - Museos y galerías nacionales - Consejos de Investigación - Cuerpos de Bomberos - Autoridades de salud estratégicas del Servicio Nacional de Salud - Autoridades de Policía - Sociedades de desarrollo de ciudades nuevas - Sociedades de desarrollo urbano

OTRAS ENTIDADES CUBIERTAS QUE CONTRATAN DE CONFORMIDAD CON LAS DISPOSICIONES DEL TÍTULO V DE LA PARTE IV DE PRESENTE ACUERDO A. LISTA DE COSTA RICA El título se aplica a otras entidades cubiertas que contratan de conformidad con las disposiciones del presente Acuerdo, cuando el valor de la contratación sea igual o mayor a:

Mercancías Umbrales:

1. Para entidades de la lista A: 200 000 DEG 2. Para entidades de la lista B: 400 000 DEG Servicios Especificados en la sección D Umbrales:

1. Para entidades de la lista A: 200 000 DEG 2. Para entidades de la lista B: 400 000 DEG Servicios de construcción Especificados en la sección E Umbral para las listas A y B: 5 000 000 DEG Lista de entidades Lista A:

1. Junta Administrativa de la Imprenta Nacional 2. Programa Integral de Mercadeo Agropecuario - PIMA 3. Banco Hipotecario de la Vivienda -BANHVI 4. Consejo de Transporte Público 5. Instituto Costarricense del Deporte y la Recreación 6. Instituto Nacional de Fomento Cooperativo - INFOCOOP 7. Banco Central de Costa Rica (nota 1) 8. Instituto Costarricense de Ferrocarriles - INCOFER 9. Instituto Costarricense de Puertos del Pacífico - INCOP 10. Autoridad Reguladora de los Servicios Públicos - ARESEP 11. Servicio Nacional de Aguas Subterráneas, Riego y Avenamiento Lista B 1. Caja Costarricense del Seguro Social - CCSS 2. Dirección General de Aviación Civil 3. Instituto Costarricense de Electricidad - ICE (nota 2) 4. Refinadora Costarricense de Petróleo (RECOPE) Notas a la sección C 1. Banco Central de Costa Rica. El título no se aplica a las contrataciones para la emisión de billetes y monedas.

2. Instituto Costarricense de Electricidad - ICE: Los plazos indicados en el apéndice 6 no se aplicarán al ICE. El ICE otorgará a los proveedores suficiente tiempo para preparar y remitir ofertas adecuadas. No obstante lo establecido en el artículo 225, apartado 3, el ICE otorgará no menos de tres días hábiles para que los proveedores preparen y remitan recursos escritos.

B. LISTA DE EL SALVADOR El título se aplica a otras entidades cubiertas que contratan de conformidad con las disposiciones del presente Acuerdo, cuando el valor de la contratación sea igual o mayor a:

Mercancías Umbrales:

1. Para entidades de la lista A: 200 000 DEG 2. Para entidades de la lista B: 400 000 DEG Servicios Especificados en la sección D Umbrales:

1. Para entidades de la lista A: 200 000 DEG 2. Para entidades de la lista B: 400 000 DEG Servicios de construcción Especificados en la sección E Umbrales:

Para entidades indicadas en las Listas A y B: 5 000 000 DEG; o, para el período de tres años siguiente a la entrada en vigor del presente Acuerdo, 5 950 000 DEG.

Lista A 1. Complejo Pesquero 2. Consejo de Vigilancia de la Contaduría Pública 3. Consejo Nacional de Ciencia y Tecnología 4. Consejo Salvadoreño del Café 5. Consejo Superior de Salud Pública 6. Corporación Salvadoreña de Inversiones 7. Corporación Salvadoreña de Turismo 8. Federación Salvadoreña de Fútbol 9. Centro Internacional de Ferias y Convenciones 10. Fondo de Inversión Social para el Desarrollo Local 11. Hogar de Ancianos "Narcisa Castillo", Santa Ana 12. Hospital Nacional "Benjamin Bloom" 13. Hospital Nacional "Dr. Luis Edmundo Vásquez", Chalatenango 14. Hospital Nacional "Francisco Menéndez", Ahuachapán 15. Hospital Nacional "Juan José Fernández", Zacamil 16. Hospital Nacional "San Juan de Dios", San Miguel 17. Hospital Nacional "San Juan de Dios", Santa Ana 18. Hospital Nacional "San Juan de Dios", Sonsonate 19. Hospital Nacional "San Pedro", Usulután 20. Hospital Nacional "San Rafael", Santa Tecla 21. Hospital Nacional "Santa Gertrudis," San Vicente 22. Hospital Nacional "Santa Teresa", Zacatecoluca 23. Hospital Nacional de Ciudad Barrios 24. Hospital Nacional de Cojutepeque 25. Hospital Nacional de Ilobasco 26. Hospital Nacional de Jiquilisco 27. Hospital Nacional de La Unión 28. Hospital Nacional de Metapán 29. Hospital Nacional de Nueva Concepción 30. Hospital Nacional de Nueva Guadalupe 31. Hospital Nacional de San Francisco Gotera 32. Hospital Nacional de Santa Rosa de Lima 33. Hospital Nacional de Santiago de María 34. Hospital Nacional de Sensuntepeque 35. Hospital Nacional de Suchitoto 36. Hospital Nacional de Maternidad "Dr. Raúl Argüello Escolán" 37. Hospital Nacional Neumológico "Dr. José Antonio Saldaña" 38. Hospital Nacional Psiquiátrico "Dr. José Molina Martínez" 39. Hospital Nacional San Bartolo 40. Instituto Nacional de los Deportes de El Salvador 41. Instituto Nacional de Pensiones de los Empleados Públicos 42. Instituto Salvadoreño de Desarrollo de la Mujer 43. Instituto Salvadoreño de Desarrollo Municipal 44. Instituto Salvadoreño de Fomento Cooperativo 45. Instituto Salvadoreño de Formación Profesional 46. Instituto Salvadoreño de Protección al Menor 47. Instituto Salvadoreño de Rehabilitación de Inválidos 48. Instituto Salvadoreño de Transformación Agraria 49. Instituto Salvadoreño de Turismo 50. Policía Nacional Civil 51. Registro Nacional de las Personas Naturales 52. Superintendencia de Pensiones 53. Superintendencia de Valores 54. Unidad Técnica Ejecutiva 55. Comisión Ejecutiva Portuaria Autónoma 56. Comisión Ejecutiva Hidroeléctrica del Río Lempa Lista B 1. Centro Nacional de Registros 2. Hospital Nacional Rosales 3. Superintendencia General de Energía y Telecomunicaciones (SIGET) Nota a la sección C El título no se aplica a las contrataciones de mercancías clasificadas dentro de la sección 2 (productos alimenticios, bebidas y tabaco; textiles, vestido y productos de cuero) de la CCP ver. 1.1, para las entidades de la lista A, puntos 12 a 39 y 50, ni de la lista B, punto 2.

C. LISTA DE GUATEMALA 1. El título se aplica a otras entidades cubiertas que contratan de conformidad con las disposiciones del presente Acuerdo, cuando el valor de la contratación sea igual o mayor a:

Mercancías Umbrales:

1. Para entidades de la lista A: 200 000 DEG; o, para el período de tres años siguientes a la entrada en vigor, 274 000 DEG.

2. Para entidades de la lista B: 400 000 DEG; o, para el período de tres años siguientes a la entrada en vigor, 550 000 DEG.

Servicios Especificados en la sección D Umbrales:

1. Para entidades de la lista A: 200 000 DEG; o, para el período de tres años siguientes a la entrada en vigor, 274 000 DEG.

2. Para entidades de la lista B: 400 000 DEG; o, para el período de tres años siguientes a la entrada en vigor, 550 000 DEG.

Servicios de construcción Especificados en la sección E Umbrales:

Para entidades de las Listas A y B: 5 000 000 DEG; o para el periodo de tres años siguientes a la entrada en vigor, 6 000 000 DEG.

2. Salvo que se especifique lo contrario, este título cubre solamente las entidades indicadas en la presente lista.

Lista de entidades Lista A:

1. Academia de Lenguas Mayas de Guatemala 2. Confederación Deportiva Autónoma de Guatemala 3. Comisión Institucional para el Desarrollo y Fortalecimiento de la Propiedad de la Tierra 4. Comité Olímpico Guatemalteco 5. Comité Permanente de Exposiciones 6. Consejo Nacional para la Protección de la Antigua Guatemala 7. Escuela Nacional Central de Agricultura 8. Instituto de Ciencia y Tecnología Agrícolas 9. Instituto de Fomento Municipal 10. Instituto Guatemalteco de Turismo 11. Instituto Nacional de Administración Pública 12. Instituto Nacional de Bosques 13. Instituto Nacional de Comercialización Agrícola 14. Instituto Nacional de Cooperativas 15. Instituto Nacional de Estadística 16. Instituto Técnico de Capacitación y Productividad 17. Superintendencia de Administración Tributaria 18. Fondo de Tierras Lista B:

1. Empresa Guatemalteca de Telecomunicaciones D. LISTA DE HONDURAS El título se aplica a otras entidades cubiertas que contratan de conformidad con las disposiciones del presente Acuerdo, cuando el valor de la contratación sea igual o mayor a:

Mercancías Umbrales:

1. Para entidades de la lista A: 274 000 DEG para el segundo y tercer períodos anuales siguientes a la entrada en vigor del presente Acuerdo, y después 200 000 DEG.

2. Para entidades de la lista B: 550 000 DEG para el segundo y tercer períodos anuales siguientes a la entrada en vigor del presente Acuerdo, y después 400 000 DEG.

Servicios Especificados en la sección D Umbrales:

1. Para entidades de la lista A: 274 000 DEG para el segundo y tercer período anuales siguientes a la entrada en vigor del presente Acuerdo, y después 200 000 DEG.

2. Para entidades de la lista B: 550 000 DEG para el segundo y tercer período anuales siguientes a la entrada en vigor del presente Acuerdo, y después 400 000 DEG.

Servicios de construcción Especificados en la sección E Umbrales:

1. Para entidades de la lista A: 6 000 000 DEG para el segundo y tercer períodos anuales siguientes a la entrada en vigor del presente Acuerdo, y después 5 000 000 DEG.

2. Para entidades de la lista B: 6 000 000 DEG para el segundo y tercer períodos anuales siguientes a la entrada en vigor del presente Acuerdo, y después 5 000 000 DEG.

Salvo que se indique lo contrario, el título cubre solamente las entidades indicadas en la presente lista.

Lista A:

1. Instituto Nacional de Conservación y Desarrollo Forestal, Áreas Protegidas y Vida Silvestre (ICF).

2. Instituto Hondureño de Mercadeo Agrícola (IHMA) 3. Instituto Hondureño para la prevención del Alcoholismo, Drogadicción y Farmacodependencia (IHADFA).

4. Instituto Hondureño de Turismo (IHT) 5. Instituto Nacional de Jubilaciones y Pensiones de los Funcionarios y Empleados del Poder Ejecutivo (INJUPEMP) 6. Comisión Nacional Pro-Instalaciones Deportivas y Mejoramiento del Deporte (CONAPID).

7. Comité Permanente de Contingencias (COPECO) 8. Instituto Nacional Agrario (INA) 9. Banco Central de Honduras (BCH) (nota 1) Lista B:

1. Empresa Nacional Portuaria (ENP) Nota a la sección C Banco Central de Honduras (BCH): el título no se aplica a la emisión o circulación de moneda.

E. LISTA DE NICARAGUA El título se aplica a otras entidades que contratan de conformidad con las disposiciones del presente Acuerdo, cuando el valor de la contratación sea igual o mayor a:

Mercancías Umbrales:

1. Para entidades de la lista A: 200 000 DEG; o para el periodo de tres años siguiente a la entrada en vigor del presente Acuerdo, 274 000 DEG.

2. Para entidades de la lista B: 400 000 DEG; o para el periodo de tres años siguiente a la entrada en vigor del presente Acuerdo, 550 000 DEG.

Servicios Especificados en la sección D Umbrales:

1. Para entidades de la lista A: 200 000 DEG; o para el periodo de tres años siguiente a la entrada en vigor del presente Acuerdo, 274 000 DEG.

2. Para entidades de la lista B: 400 000 DEG; o para el periodo de tres años siguiente a la entrada en vigor del presente Acuerdo, 550 000 DEG.

Servicios de construcción Especificados en la sección E Umbrales para las listas A y B: 5 000 000 DEG; o para el periodo de tres años siguiente a la entrada en vigor del presente Acuerdo, 6 000 000 DEG.

Lista A:

1. Instituto Nacional Forestal 2. Instituto Nicaragüense de Cultura 3. Instituto Nicaragüense de Estudios Territoriales 4. Instituto Nicaragüense de Deportes 5. Instituto Nicaragüense de la Juventud 6. Instituto Nicaragüense de la Mujer 7. Instituto Nicaragüense de Turismo 8. Instituto Nacional Tecnológico 9. Procuraduría para la Defensa de los Derechos Humanos 10. Teatro Nacional Rubén Darío 11. Universidades y Centros de Educación Técnica Superior (con respecto a las compras financiadas con fondos del Estado) 12. Banco Central de Nicaragua (nota 1) 13. Instituto Nacional de Información de Desarrollo 14. Dirección General de Ingresos (nota 2) 15. Dirección General de Servicios Aduaneros 16. Instituto Nicaragüense de la Pequeña y Mediana Empresa 17. Instituto Nicaragüense de Fomento Cooperativo, 18. Instituto Nicaragüense de Tecnología Agropecuaria Lista B:

1. Correos de Nicaragua 2. Instituto de Vivienda Urbana y Rural 3. Radio Nicaragua 4. Instituto Nicaragüense de Energía 5. Instituto Nicaragüense de Acueductos y Alcantarillados Notas a la sección C 1. Banco Central de Nicaragua: el título no se aplica a las contrataciones para la emisión de notas bancarias (billetes) y monedas.

2. Dirección General de Ingresos: el título no se aplica a la producción y emisión de pasaportes (incluyendo sus elementos de seguridad tales como papel y plástico de seguridad), sellos y timbres fiscales.

F. LISTA DE PANAMÁ El título se aplica a otras entidades cubiertas que contratan de conformidad con las disposiciones del presente Acuerdo, cuando el valor de la contratación sea igual o mayor a:

Mercancías Umbrales:

1. Para entidades de la lista A: 200 000 DEG.

2. Para entidades de las Listas B y C: 400 000 DEG.

Servicios Especificados en la sección D Umbrales:

1. Para entidades de la lista A: 200 000 DEG.

2. Para entidades de las Listas B y C: 400 000 DEG.

Servicios de construcción Especificados en la sección E Umbrales:

1. Para las listas A y B: 5 000 000 DEG.

2. Para la lista C: 8 000 000 DEG para los doce años siguientes a la entrada en vigor del presente Acuerdo, y después 7 000 000 DEG.

Lista de entidades Lista A 1. Autoridad Aeronáutica Civil 2. Autoridad de Protección al Consumidor y Defensa de la Competencia 3. Autoridad de Turismo de Panamá 4. Autoridad del Tránsito y Transporte Terrestre (nota 1) 5. Autoridad de la Micro Pequeña y Mediana Empresa 6. Autoridad de los Recursos Acuáticos de Panamá 7. Autoridad Nacional de Aduanas 8. Autoridad Panameña de Seguridad de los Alimentos 9. Autoridad Marítima de Panamá 10. Autoridad Nacional de los Servicios Públicos 11. Dirección General de Contrataciones Públicas 12. Autoridad Nacional del Ambiente 13. Banco de Desarrollo Agropecuario 14. Bingos Nacionales 15. Comisión Nacional de Valores 16. Defensoría del Pueblo 17. Instituto de Investigación Agropecuaria 18. Instituto de Mercadeo Agropecuario 19. Instituto de Seguro Agropecuario 20. Instituto Nacional de Cultura 21. Instituto Nacional de Desarrollo Humano 22. Instituto Panameño Autónomo Cooperativo 23. Instituto Panameño de Habilitación Especial 24. Instituto para la Formación y Aprovechamiento de Recursos Humanos 25. Pandeportes 26. Registro Público de Panamá 27. Sistema de Ahorro y Capitalización de Pensiones (SIACAP) 28. Superintendencia de Bancos 29. Universidad Autónoma de Chiriquí 30. Universidad Especializada de las Américas 31. Universidad Tecnológica de Panamá 32. Zona Libre de Colón Lista B 1. Instituto de Acueductos y Alcantarillados Nacionales 2. Empresa de Transmisión Eléctrica Lista C 1. Autoridad del Canal de Panamá Nota a la sección C Lista A 1. Autoridad del Tránsito y Transporte Terrestre: el título no se aplica a la contratación de placas o pegatinas de identificación para vehículos a motor y bicicletas.

Lista C 1. Salvo que se indique lo contrario en esta Lista, el título cubre todas las agencias subordinadas a esta entidad.

2. El título no se aplica a las medidas de contratación de la Autoridad del Canal de Panamá establecidas para promover la micro, pequeña y mediana empresa (como se indica en la sección F de este apéndice), de conformidad con lo siguiente:

  • a)la Autoridad del Canal de Panamá podrá ofrecer a micro, pequeñas y medianas empresas panameñas un precio preferencial que no exceda el 10 %; b) de conformidad con el artículo 212, Panamá notificará a la Parte UE cualquier programa de preferencia de precios que se establezca en virtud de la letra a); y c) todo precio de referencia deberá estar claramente descrito en el aviso de contratación futura o en el que invite a los proveedores a participar en la contratación, así como en los documentos de contratación pertinentes.

3. Sin perjuicio de cualquier otra disposición de este título, para cada uno de los doce años fiscales siguientes a la entrada en vigor del presente Acuerdo, la Autoridad del Canal de Panamá podrá, a su discreción, separar de las obligaciones de este título las contrataciones para adquirir mercancías, servicios y servicios de construcción para nacionales panameños, o proveedores propiedad de y controlados por nacionales panameños, a condición de que en cada uno de estos años fiscales:

  • a)el valor total de las contrataciones de la Autoridad del Canal de Panamá exceda 200 000 000 millones USD; b) el valor total del importe de la contratación que se reserva no exceda el 10 % del valor total de las contrataciones de la Autoridad del Canal de Panamá para mercancías, servicios y servicios de construcción adjudicados en el año fiscal que:
  • i)están cubiertos de otro modo por este título; y ii) superan la base de 200 millones USD para ese año fiscal; y c) en cada sección del CCP versión 1.0, el importe reservado de la contratación no exceda el 20 % del valor total de la contratación reservado para ese año.

4. Cuando una contratación esté reservada de conformidad con el apartado 2, la Autoridad del Canal de Panamá deberá indicarlo claramente en el aviso de contratación futura o en el que invite a los proveedores a participar en la contratación, así como en los documentos de contratación pertinentes.

5. Si, en cualquier año fiscal, el valor total de los contratos reservados por la Autoridad del Canal de Panamá excede el nivel permitido en el apartado 3, Panamá y la Parte UE, junto con la Autoridad del Canal de Panamá, consultarán para consensuar un ajuste en forma de reducción de la reserva permitida en el año fiscal siguiente.

6. Si la Autoridad del Canal de Panamá propone ampliar el período de reservas más allá de los doce años fiscales establecidos en el apartado 2, informará a la Parte UE en el noveno año fiscal completo posterior a la entrada en vigor del presente Acuerdo. Panamá, la Parte UE y la Autoridad del Canal de Panamá se consultarán respecto a la propuesta. Si Panamá y la Parte UE acuerdan ampliar el período, la Autoridad del Canal de Panamá podrá seguir aplicando reservas de acuerdo con el apartado 3 durante el período adicional que Panamá y la Parte UE acuerden.

7. Panamá preparará un informe anual que detalle suficientemente qué reservas se han aplicado de conformidad con el apartado 3.

8. El período mínimo de cuarenta días establecido en el apéndice 6, apartado 2, no se aplicará a la Autoridad del Canal de Panamá. La Autoridad del Canal de Panamá otorgará a los proveedores suficiente tiempo para preparar y remitir ofertas adecuadas, tomando en consideración la naturaleza y la complejidad de la contratación. La Autoridad del Canal de Panamá no otorgará en ningún caso menos de cinco días hábiles desde la fecha de publicación en Internet del aviso de contratación futura hasta la fecha límite de presentación de ofertas.

9. El artículo 225, apartado 5, no se aplicará a la Autoridad del Canal de Panamá.

10. No obstante lo establecido en el artículo 225, apartado 3, la Autoridad del Canal de Panamá otorgará no menos de cinco días hábiles a los proveedores para preparar y remitir recursos escritos; se entiende que el período comienza el primer día laborable siguiente al de publicación del aviso de adjudicación en Internet.

G. PARTE UE Mercancías:

Umbral: 400 000 DEG Servicios:

Especificados en la sección D Umbral: 400 000 DEG Servicios de construcción:

Especificados en la sección E Umbral: 5 000 000 DEG Entidades contratantes:

Todas aquellas cuya contratación está cubierta por la Directiva de la UE sobre servicios públicos que son autoridades contratantes (por ejemplo, las contempladas en las secciones A y B) o empresas públicas1, y cuya actividad es una de las indicadas a continuación o una combinación de ellas:

1 Según la Directiva sobre servicios públicos (2004/17/CE), son públicas aquellas empresas sobre las cuales los poderes adjudicadores puedan ejercer, directa o indirectamente, una influencia dominante por el hecho de tener la propiedad o una participación financiera en las mismas, o en virtud de las normas que las rigen.

Se considerará que los poderes adjudicadores ejercen una influencia dominante, directa o indirectamente, sobre una empresa, cuando:

- tengan la mayoría del capital suscrito de la empresa; o - dispongan de la mayoría de los votos correspondientes a las participaciones emitidas por la empresa; o - puedan designar a más de la mitad de los miembros del órgano de administración, de dirección o de vigilancia de la empresa.

  • a)La puesta a disposición o la explotación de redes fijas destinadas a prestar un servicio al público en relación con la producción, el transporte o la distribución de agua potable o el suministro de agua potable a dichas redes; b) La puesta a disposición o la explotación de redes fijas destinadas a prestar un servicio al público en relación con la producción, el transporte o la distribución de electricidad o el suministro de electricidad a dichas redes; c) La puesta a disposición de los transportistas aéreos de los aeropuertos o de otras terminales de transporte; d) La puesta a disposición de los transportistas marítimos o fluviales de los puertos marítimos o interiores o de otras terminales de transporte; e) La puesta a disposición o explotación de redes1 que presten un servicio público de transporte urbano (incluyendo ferrocarril urbano, sistemas automáticos, tranvía, trolebús, autobús o cable).

1 En lo relativo a los servicios de transporte, se considerará que existe una red cuando el servicio se presta en las condiciones operativas establecidas por una autoridad competente de un Estado miembro de la Unión Europea, como, por ejemplo, las condiciones relativas a las rutas que se seguirán, la capacidad que ha de ponerse a disposición o la frecuencia del servicio.

  • f)La puesta a disposición o explotación de redes2 que presten un servicio público de transporte por ferrocarril.

2 En lo relativo a los servicios de transporte, se considerará que existe una red cuando el servicio se presta en las condiciones operativas establecidas por una autoridad competente de un Estado miembro de la Unión Europea, como, por ejemplo, las condiciones relativas a las rutas que se seguirán, la capacidad que ha de ponerse a disposición o la frecuencia del servicio.

Se adjunta una lista indicativa de las autoridades contratantes y empresas públicas que cumplen con el criterio indicado.

Notas 1. Contratos adjudicados para realizar una de las actividades mencionadas, cuando se cubiertas por el presente título.

2. El título no se aplica a los contratos adjudicados por las entidades contratantes cubiertas por esta sección:

- para la adquisición de agua y el suministro de energía o de combustibles para la producción de energía; - para fines distintos al desarrollo de sus actividades, enumeradas en esta sección, o para su realización en un país exterior al EEE; - con fines de reventa o contratación a terceras partes, siempre que la entidad contratante no goce de derechos especiales o exclusivos para vender o contratar el objeto de dichos contratos, y que otras entidades tengan libertad de venderlos o contratarlos en las mismas condiciones que la autoridad contratante.

3. El suministro de agua potable o electricidad a redes del servicio público por una entidad contratante que no sea una autoridad contratante no será considerada actividad del ámbito de las letras a) o b) de esta sección cuando:

- la producción de agua potable o electricidad por la entidad en cuestión tenga lugar porque su consumo es necesario para desarrollar una actividad diferente a las indicadas en las letras a) a f) de esta sección; y - el suministro a la red pública dependa solamente del propio consumo de la entidad y no supere el 30 % de la producción total de agua potable o energía de la entidad, teniendo en cuenta el promedio del año actual y los dos anteriores.

4. I. Siempre que las condiciones del apartado II se cumplan, el título no se aplicará a los contratos adjudicados:

  • i)por una entidad contratante a un empresa afiliada1, ni 1 Por "empresa afiliada" se entiende aquella cuyas cuentas anuales están consolidadas con las de la empresa contratante, de conformidad con los requisitos de la Directiva 83/349/CEE del Consejo relativa a las cuentas consolidadas; o, en el caso de empresas no sometidas a dicha Directiva, aquella sobre la cual la empresa contratante tiene derecho de ejercer, directa o indirectamente, una influencia dominante, o aquella que puede ejercer una influencia dominante sobre la empresa contratante, o que, junto con esta última, está sometida a la influencia dominante de otra empresa en virtud de propiedad, participación financiera o cláusula estatutaria.
  • ii)por una empresa en participación, formada exclusivamente por un número de entidades contratantes para desarrollar actividades del ámbito de las letras a) a f) de la presente sección, a una empresa afiliada a una de esas entidades contratantes.

II.El apartado I se aplicará a los servicios o contratos de suministros siempre que al menos el 80 % de la facturación promedio de la empresa afiliada con respecto a los servicios o suministros de los tres años precedentes derive respectivamente de la prestación de tales servicios o suministros a las empresas a las cuales está afiliada1.

1 Cuando, dada la fecha de creación o comienzo de las actividades de la empresa afiliada, no se disponga de la facturación de los tres años previos, bastará con que la empresa demuestre que la facturación a que se hace referencia en este apartado es creíble, concretamente mediante previsiones de actividad.

5. El título no se aplicará a los contratos adjudicados:

  • i)por una empresa en participación, formada exclusivamente por un número de entidades contratantes para desarrollar actividades del ámbito de las letras a) a f) de la presente sección, a una de dichas entidades contratantes, ni ii) por una entidad contratante a una empresa en participación de la que forma parte, cuando la empresa en participación se haya creado para realizar la actividad en cuestión durante al menos tres años y su instrumento de creación establezca que las entidades contratantes que la conforman formarán parte de ella durante al menos el mismo período.

LISTA INDICATIVA DE AUTORIDADES CONTRATANTES Y EMPRESAS PÚBLICAS QUE CUMPLEN LOS CRITERIOS ESTABLECIDOS EN LA SECCIÓN C

I. PRODUCCIÓN, TRANSPORTE O DISTRIBUCIÓN DE ELECTRICIDAD

Bélgica - Autoridades locales y asociaciones de autoridades locales, para esta parte de sus actividades.

- Société de Production d'Electricité/ Elektriciteitsproductie Maatschappij.

- Electrabel/ Electrabel - Elia Bulgaria Organismos autorizados para la producción, el transporte, la distribución y el suministro público de electricidad de conformidad con el artículo 39, apartado 1, de la Закона за енергетиката (обн., ДВ, бр.107/09.12.2003), Ley sobre Energía (publicada en el Diario Oficial nº 107 de 9.12.2003):

- АЕЦ Козлодуй - ЕАД - Болкан Енерджи АД - Брикел - ЕАД - Българско акционерно дружество Гранитоид АД - Девен АД - ЕВН България Електроразпределение АД - ЕВН България Електроснабдяване АД - ЕЙ И ЕС - 3С Марица Изток 1 - Енергийна компания Марица Изток III - АД - Енерго-про България - АД - ЕОН България Мрежи АД - ЕОН България Продажби АД - ЕРП Златни пясъци АД - ЕСО ЕАД - ЕСП "Златни пясъци" АД - Златни пясъци-сервиз АД - Калиакра Уинд Пауър АД - НЕК ЕАД - Петрол АД - Петрол Сторидж АД - Пиринска Бистрица-Енергия АД - Руно-Казанлък АД - Сентрал хидроелектрик дьо Булгари ЕООД - Слънчев бряг АД - ТЕЦ - Бобов Дол ЕАД - ТЕЦ - Варна ЕАД - ТЕЦ "Марица 3" - АД - ТЕЦ Марица Изток 2 - ЕАД - Топлофикация Габрово - ЕАД - Топлофикация Казанлък - ЕАД - Топлофикация Перник - ЕАД - Топлофикация Плевен - ЕАД - ЕВН България Топлофикация - Пловдив - ЕАД - Топлофикация Русе - ЕАД - Топлофикация Сливен - ЕАД - Топлофикация София - ЕАД - Топлофикация Шумен - ЕАД - Хидроенергострой ЕООД - ЧЕЗ България Разпределение АД - ЧЕЗ Електро България АД República Checa Todas las entidades contratantes en los sectores que suministran servicios de electricidad definidas en la sección 4, apartado 1, letra c) de la Ley nº 137/2006 Coll. sobre contratos públicos, modificada.

Ejemplos de autoridades contratantes:

- ČEPS, a.s.

- ČEZ, a.s.

- Dalkia Česká republika, a.s.

- PREdistribuce, a.s.

- Plzeňská energetika a.s.

- Sokolovská uhelná, právní nástupce, a.s.

Dinamarca - Entidades que producen electricidad sobre la base de una licencia de conformidad con el artículo 10 de la Lov om elforsyning, ver Ley de Consolidación nº 1115 del 8 de noviembre de 2006.

- Entidades que transportan electricidad sobre la base de una licencia de conformidad con el artículo 19 de la Lov om elforsyning, ver Ley de Consolidación nº 1115 del 8 de noviembre de 2006.

- Transporte de electricidad llevado a cabo por Energinet Danmark o compañías filiales propiedad de Energinet Danmark de acuerdo con la Lov om Energinet Danmark artículo 2, stk. 2 og 3, ver Ley nº 1384 del 20 de diciembre de 2004.

Alemania Autoridades locales, entes de derecho público o asociaciones de entes de derecho público o empresas estatales, que provean energía a otras empresas, que operan una red de suministros de energía o tengan capacidad para disponer de una red local de suministro de energía en razón de su propiedad de conformidad con el artículo 3, apartado 18, de la Gesetz über die Elektrizitäts- und Gasversorgung (Energiewirtschaftsgesetz) del 24 de abril de 1998, modificada por última vez el 9 de diciembre de 2006.

Estonia Entidades sometidas al artículo 10, apartado 3, de la Ley de Contratación Pública (RT I 21.02.2007, 15, 76) y al artículo 14 de la Ley de Competencia (RT I 2001, 56 332):

- AS Eesti Energia, - OÜ Jaotusvõrk (Jaotusvõrk LLC); - AS Narva Elektrijaamad; - OÜ Põhivõrk.

Irlanda - The Electricity Supply Board - ESB Independent Energy [ESBIE - suministro de electricidad] - Synergen Ltd. [generación de electricidad] - Viridian Energy Supply Ltd. [suministro de electricidad] - Huntstown Power Ltd. [generación de electricidad] - Bord Gáis Éireann [suministro de electricidad] - Suministradores y generadores de electricidad autorizados en virtud de la Electricity Regulation Act 1999 - EirGrid plc Grecia 'Γεκόƃηƀ ΔπηρƂίξεƃε ΗιƂθƄξηƃκνύ Α.Δ.', creada por la Ley nº 1468/1950 πƂξί ηƁξύƃƂωο Ƅεο ΓΔΗ y gestionada de conformidad con la Ley nº 2773/1999 y el Decreto de la Presidencia nº 333/1999.

España - Red Eléctrica de España, S.A.

- Endesa, S.A.

- Iberdrola, S.A.

- Unión Fenosa, S.A.

- Hidroeléctrica del Cantábrico, S.A.

- Electra del Viesgo, S.A.

- Otras entidades de producción, transporte y distribución de electricidad, de conformidad con la "Ley 54/1997, de 27 de noviembre, del Sector eléctrico" y sus disposiciones de aplicación.

Francia - Électricité de France, establecida y que opera de conformidad con la Loi n°46-628 sur la nationalisation de l'électricité et du gaz de 8 de abril de 1946, modificada.

- RTE, que gestiona la red de transporte de electricidad.

- Entidades de distribución de electricidad, mencionadas en el artículo 23 de la Loi n°46-628 sur la nationalisation de l'électricité et du gaz de 8 de abril de 1946, modificada. (Compañías de distribución de economía mixta, gestoras o servicios similares compuestos por autoridades regionales o locales). Por ejemplo: Gaz de Bordeaux, Gaz de Strasbourg.

- Compagnie nationale du Rhône - Électricité de Strasbourg Italia - Compañías del Grupo Enel autorizadas para producir, transmitir y distribuir electricidad dentro del ámbito del Decreto Legislativo nº 79 de 16 de marzo de 1999, modificado y complementado - TERNA- Rete elettrica nazionale SpA - Otras empresas titulares de concesiones otorgadas por el Decreto Legislativo nº 79 de 16 de marzo de 1999 Chipre - Η Αξρή ΗιƂθƄξηƃκνύ Κύπξνπ, creada por la πƂξί ΑλƀπƄύμƂωο ΗιƂθƄξηƃκνύ Νόκν, ΚƂƅ. 171.

- ΓηƀρƂηξηƃƄήο ΢πƃƄήκƀƄνο ΜƂƄƀƅνξάο, creada de conformidad con el artículo 57 de la ΠƂξί Ρύζκηƃεο Ƅεο Αγνξάο ΗιƂθƄξηƃκνύ Νόκνπ 122(Ι) Ƅνπ 2003 Otras personas, entidades o empresas que realizan actividades contempladas en el artículo 3 de la Directiva 2004/17/EC y operan mediante licencia concedida de conformidad con el artículo 34 de la πƂξί Ρύζκηƃεο Ƅεο ƀγνξάο ΗιƂθƄξηƃκνύ Νόκνπ Ƅνπ 2003 {Ν. 122(Ι)/2003}.

Letonia VAS Latvenergo y otras empresas que producen, transmiten y distribuyen electricidad, y que realizan adquisiciones de acuerdos con la ley Par iepirkumu sabiedrisko pakalpojumu sniedzēju vajadzībām Lituania - Empresa Estatal de la Central Nuclear de Ignalina - Akcinė bendrovė "Lietuvos energija" - Akcinė bendrovė "Lietuvos elektrinė" - Akcinė bendrovė Rytų skirstomieji tinklai - Akcinė bendrovė "VST" - Otras entidades de conformidad con los requerimientos del artículo 70, apartados 1 y 2, de la Ley sobre Contratación Pública de la República de Lituania (Boletín Oficial nº 84-2000, 1996; nº 4-102, 2006) y que ejecutan actividad de producción, transporte o distribución e electricidad conforme con la Ley de Electricidad de la República de Lituania (Boletín Oficial nº 66-1984, 2000; nº 107-3964, 2004) y la Ley sobre Energía Nuclear de la República de Lituania (Boletín Oficial nº 119-2771, 1996).

Luxemburgo - Compagnie grand-ducale d'électricité de Luxembourg (CEGEDEL), que produce o distribuye electricidad de conformidad con la Convention concernant l'établissement et l'exploitation des réseaux de distribution d'énergie électrique dans le Grand-Duché du Luxembourg de 11 de noviembre de 1927, aprobada por Ley del 4 de enero de 1928.

- Autoridades locales responsables del transporte o la distribución de electricidad.

- Société électrique de l'Our (SEO).

- Syndicat de communes SIDOR Hungría Entidades que producen, transportan o distribuyen electricidad de conformidad con los artículos 162 y 163 de 2003. évi CXXIX. törvény a közbeszerzésekről and 2007. évi LXXXVI. törvény a villamos energiáról.

Malta Korporazzjoni Enemalta (Enemalta Corporation) Países Bajos Entidades que distribuyen electricidad a partir de una licencia (vergunning) otorgada por las autoridades provinciales de conformidad con la Provinciewet. Por ejemplo:

- Essent - Nuon Austria Entidades responsables de la red de transmisión o distribución de conformidad con la Elektrizitätswirtschafts- und Organisationsgesetz, BGBl. I nº 143/1998, modificada, o con las Elektrizitätswirtschafts(wesen)gesetze de los nueve estados federados.

Polonia Compañías de energía dentro del ámbito de la Ustawa z dnia 10 kwietnia 1997 r. Prado energetyczne, entre las que figuran:

- BOT Elektrownia "Opole" S.A., Brzezie - BOT Elektrownia Bełchatów S.A.

- BOT Elektrownia Turów S.A., Bogatynia - Elbląskie Zakłady Energetyczne S.A. w Elblągu - Elektrociepłownia Chorzów "ELCHO" Sp. z o.o.

- Elektrociepłownia Lublin - Wrotków Sp. z o.o.

- Elektrociepłownia Nowa Sarzyna Sp. z o.o.

- Elektrociepłownia Rzeszów S.A.

- Elektrociepłownie Warszawskie S.A.

- Elektrownia "Kozienice" S.A.

- Elektrownia "Stalowa Wola" S.A.

- Elektrownia Wiatrowa, Sp. z o.o., Kamieńsk - Elektrownie Szczytowo-Pompowe S.A., Warszawa - ENEA S.A., Poznań - Energetyka Sp. z o.o. Lublin - EnergiaPro Koncern Energetyczny S.A., Wrocław - ENION S.A., Kraków - Górnośląski Zakład Elektroenergetyczny S.A., Gliwice - Koncern Energetyczny Energa S.A., Gdańsk - Lubelskie Zakłady Energetyczne S.A.

- Łódzki Zakład Energetyczny S.A.

- PKP Energetyka Sp. z o.o., Warszawa - Polskie Sieci Elektroenergetyczne S.A., Warszawa - Południowy Koncern Energetyczny S.A., Katowice - Przedsiębiorstwo Energetyczne w Siedlcach Sp. z o.o.

- PSE-Operator S.A., Warszawa - Rzeszowski Zakład Energetyczny S.A.

- Zakład Elektroenergetyczny "Elsen" Sp. z o.o., Częstochowa - Zakład Energetyczny Białystok S.A.

- Zakład Energetyczny Łódź-Teren S,A.

- Zakład Energetyczny Toruń S.A.

- Zakład Energetyczny Warszawa-Teren - Zakłady Energetyczne Okręgu Radomsko-Kieleckiego S.A.

- Zespół Elektrociepłowni Bydgoszcz S.A.

- Zespół Elektrowni Dolna Odra S.A., Nowe Czarnowo - Zespół Elektrowni Ostrołęka S.A.

- Zespół Elektrowni Pątnów-Adamów-Konin S.A.

- Polskie Sieci Elektroenergetyczne S.A, - Przedsiębiorstwo Energetyczne MEGAWAT Sp. zν.ν.

- Zespół Elektrowni Wodnych Niedzica S.A.

- Energetyka Południe S.A.

Portugal (1) Producción de electricidad Entidades que producen electricidad de conformidad con :

- Decreto-Lei nº29/2006, de 15 de Fevereiro que estabelece as bases gerais da organização e o funcionamento do sistema eléctrico nacional (SEN), e as bases gerais aplicáveis ao exercício das actividades de produção, transporte, distribuição e comercialização de electricidade e à organização dos mercados de electricidade; - Decreto-Lei nº 172/2006, de 23 de Agosto, que desenvolve os princípios gerais relativos à organização e ao funcionamento do SEN, regulamentando o diploma a trás referido.

- Entidades que producen electricidad de conformidad con un régimen especial en virtud de los Decreto-Lei nº 189/88 de 27 de Maio, com a redacção dada pelos Decretos-Lei nº 168/99, de 18 de Maio, nº 313/95, de 24 de Novembro, nº 538/99, de 13 de Dezembro, nº 312/2001 e nº 313/2001, ambos de 10 de Dezembro, Decreto- Lei nº 339-C/2001, de 29 de Dezembro, Decreto-Lei nº 68/2002, de 25 de Março, Decreto-Lei nº 33-A/2005, de 16 de Fevereiro, Decreto-Lei nº 225/2007, de 31 de Maio e Decreto-Lei nº 363/2007, de 2 de Novembro.

(2) Transporte de electricidad:

Entidades que transportan electricidad de conformidad con el:

- Decreto-Lei nº29/2006, de 15 de Fevereiro y con el Decreto-lei nº 172/2006, de 23 de Agosto.

(3) Distribución de electricidad:

- Entidades que distribuyen electricidad de conformidad con el Decreto-Lei nº29/2006, de 15 de Fevereiro, y con el Decreto-lei nº 172/2006, de 23 de Agosto.

- Entidades que distribuyen electricidad de conformidad con el Decreto Decreto-Lei nº 184/95, de 27 de Julho, reformulado en el Decreto-Lei nº 56/97, de 14 de Março y el Decreto-Lei nº 344-B/82, de 1 de Setembro, en su redacción del Decreto-Lei nº 297/86, de 19 de Setembro, Decreto-Lei nº 341/90, de 30 de Outubro y Decreto-Lei nº 17/92, de 5 de Fevereiro.

Rumanía - Societatea comercială de producere a energiei electrice "Hidroelectrica"-AS Bucureşti - Societatea Naţională "Nuclearelectrica" SA - Societatea comercială de producere a energiei electrice şi termice "Termoelectrica" SA - S. C. Electrocentrale Deva S.A.

- S.C. Electrocentrale Bucureşti S.A.

- SC Electrocentrale Galaţi SA - S.C. Electrocentrale Termoelectrica SA - SC Complexul Energetic Craiova SA - SC Complexul Energetic Rovinari SA - SC Complexul Energetic Turceni SA - Compania Naţională de transport a energiei electrice "Transelectrica" SA Bucureşti - Societatea comercială Electrica SA, Bucureşti - S.C. Filiala de Distribuţie a Energiei Electrice - "Electrica Distribuţie Muntenia Nord" S.A - S.C. Filiala de Furnizare a Energiei Electrice - "Electrica Furnizare Muntenia Nord" S.A - S.C. Filiala de distributie si furnizare a energiei electrice Electrica Muntenia Sud - S.C. Filiala de Distribuţie a Energiei Electrice - "Electrica Distribuţie Transilvania Sud" S.A - S.C. filiala de furnizare a energiei electrice - "Electrica Furnizare Transilvania Sud" S.A - S.C. Filiala de distributie a energiei electrice - "Electrica Distribuţie Transilvania Nord" S.A - S.C. Filiala de furnizare a energiei electrice - "Electrica Furnizare Transilvania Nord" S.A - Enel Energie - Enel Distribuţie Banat - Enel Distribuţie Dobrogea - E.ON Moldova SA - CEZ Distribuţie Eslovenia Entidades que producen, transportan o distribuyen electricidad de conformidad con el Energetski zakon (Uradni list RS, 79/99).

Mat. Ńt. Naziv Pońtna Ńt. Kraj 1613383 Borzen D.O.O. 1000 Ljubljana 5175348 Elektro Gorenjska D.D. 4000 Kranj 5223067 Elektro Celje D.D. 3000 Celje 5227992 Elektro Ljubljana D.D. 1000 Ljubljana 5229839 Elektro Primorska D.D. 5000 Nova Gorica 5231698 Elektro Maribor D.D. 2000 Maribor 5427223 Elektro - Slovenija D.O.O. 1000 Ljubljana 5226406 Javno Podjetje Energetika Ljubljana, D.O.O.

1000 Ljubljana 1946510 Infra D.O.O. 8290 Sevnica 2294389 Sodo Sistemski Operater Distribucijskega Omreņja Z Električno Energijo, D.O.O.

2000 Maribor 5045932 Egs-Ri D.O.O. 2000 Maribor Eslovaquia Entidades que prestan, con base en un permiso, producción, transporte a través del sistema transmisión de redes, distribución y suministro para el público de electricidad a través de una red de distribución de conformidad con la ley nº 656/2004 Coll.

Por ejemplo:

- Slovenské elektrárne, a.s.

- Slovenská elektrizačná prenosová sústava, a.s.

- Západoslovenská energetika, a.s.

- Stredoslovenská energetika, a.s.

- Východoslovenská energetika, a.s.

Finlandia Entidades municipales y empresas públicas que producen electricidad y entidades responsables del mantenimiento del sistema eléctrico bajo autorización de conformidad con la sección 4 o 16 del sähkömarkkinalaki/elmarknadslagen (386/1995) y de conformidad con la Laki vesi- ja energiahuollon, liikenteen ja postipalvelujen alalla toimivien yksiköiden hankinnoista (349/2007)/lag om upphandling inom sektorerna vatten, energi, transporter och posttjänster (349/2007).

Suecia Entidades que transportan o distribuyen electricidad sobre la base de una concesión de conformidad con la Lagen (1997:857) Reino Unido - Una persona autorizada bajo la sección 6 de la Electricity Act 1989.

- Una persona autorizada bajo el artículo 10, apartado 1, de la Electricity (Northern Ireland) Order 1992.

- National Grid Electricity Transmission plc - System Operation NorthernIrland Ltd - Scottish & Southern Energy plc - SPTransmission plc

II. PRODUCCIÓN, TRANSPORTE O DISTRIBUCION DE AGUA POTABLE

Bélgica - Autoridades locales y asociaciones de autoridades locales, para esta parte de sus actividades - Société Wallonne des Eaux - Vlaams Maatschappij voor Watervoorziening Bulgaria - "Тузлушка гора" - ЕООД, Антоново - "В И К - Батак" - ЕООД, Батак - "В и К - Белово" - ЕООД, Белово - "Водоснабдяване и канализация Берковица" - ЕООД, Берковица - "Водоснабдяване и канализация" - ЕООД, Благоевград - "В и К - Бебреш" - ЕООД, Ботевград - "Инфрастрой" - ЕООД, Брацигово - "Водоснабдяване" - ЕООД, Брезник - "Водоснабдяване и канализация" - ЕАД, Бургас - "Лукойл Нефтохим Бургас" АД, Бургас - "Бързийска вода" - ЕООД, Бързия - "Водоснабдяване и канализация" - ООД, Варна - "ВиК" ООД, к.к. Златни пясъци - "Водоснабдяване и канализация Йовковци" - ООД, Велико Търново - "Водоснабдяване, канализация и териториален водоинженеринг" - ЕООД, Велинград - "ВИК" - ЕООД, Видин - "Водоснабдяване и канализация" - ООД, Враца - "В И К" - ООД, Габрово - "В И К" - ООД, Димитровград - "Водоснабдяване и канализация" - ЕООД, Добрич - "Водоснабдяване и канализация - Дупница" - ЕООД, Дупница - ЧПСОВ, в.с. Елени - "Водоснабдяване и канализация" - ООД, Исперих - "Аспарухов вал" ЕООД, Кнежа - "В И К - Кресна" - ЕООД, Кресна - "Меден кладенец" - ЕООД, Кубрат - "ВИК" - ООД, Кърджали - "Водоснабдяване и канализация" - ООД, Кюстендил - "Водоснабдяване и канализация" - ООД, Ловеч - "В и К - Стримон" - ЕООД, Микрево - "Водоснабдяване и канализация" - ООД, Монтана - "Водоснабдяване и канализация - П" - ЕООД, Панагюрище - "Водоснабдяване и канализация" - ООД, Перник - "В И К" - ЕООД, Петрич - "Водоснабдяване, канализация и строителство" - ЕООД, Пещера - "Водоснабдяване и канализация" - ЕООД, Плевен - "Водоснабдяване и канализация" - ЕООД, Пловдив - "Водоснабдяване-Дунав" - ЕООД, Разград - "ВКТВ" - ЕООД, Ракитово - ЕТ "Ердуван Чакър", Раковски - "Водоснабдяване и канализация" - ООД, Русе - "Екопроект-С" ООД, Русе - "УВЕКС" - ЕООД, Сандански - "ВиК-Паничище" ЕООД, Сапарева баня - "Водоснабдяване и канализация" - ЕАД, Свищов - "Бяла" - ЕООД, Севлиево - "Водоснабдяване и канализация" - ООД, Силистра - "В и К" - ООД, Сливен - "Водоснабдяване и канализация" - ЕООД, Смолян - "Софийска вода" - АД, София - "Водоснабдяване и канализация" - ЕООД, София - "Стамболово" - ЕООД, Стамболово - "Водоснабдяване и канализация" - ЕООД, Стара Загора - "Водоснабдяване и канализация-С" - ЕООД, Стрелча - "Водоснабдяване и канализация - Тетевен" - ЕООД, Тетевен - "В и К - Стенето" - ЕООД, Троян - "Водоснабдяване и канализация" - ООД, Търговище - "Водоснабдяване и канализация" - ЕООД, Хасково - "Водоснабдяване и канализация" - ООД, Шумен - "Водоснабдяване и канализация" - ЕООД, Ямбол República Checa Todas las entidades contratantes en los sectores que prestan servicios en la industria de manejo del agua definidos en la sección 4, apartado 1, letras d) y e) de la Ley nº 137/2006 Sb. sobre contratos públicos.

Ejemplos de autoridades contratantes:

- Veolia Voda Česká Republika, a.s.

- Praņské vodovody a kanalizace, a.s.

- Severočeská vodárenská společnost a.s.

- Severomoravské vodovody a kanalizace Ostrava a.s.

- Ostravské vodárny a kanalizace a.s.Severočeská vodárenská společnost a.s.

Dinamarca - Entidades que suministran agua tal como se define en artículo 3(3) de la Lov om vandforsyning m.v., ver Ley de Consolidación nº 71 de 17 de enero de 2007.

Alemania - Entidades que producen o distribuyen agua de conformidad con las Eigenbetriebsverordnungen o Eigenbetriebsgesetze de los estados federados (empresas de servicios públicos).

- Entidades que producen o distribuyen agua de conformidad con las Gesetze ubre die kommunale Gemeinschaftsarbeit oder Zusammenarbeit de los estados federados.

- Entidades que producen agua de conformidad con la Gesetz über Wasser- und Bodenverbände del 12 de febrero de 1991, modificado el 15 de mayo de 2002.

- Compañías de propiedad pública que producen o distribuyen agua de conformidad con las Kommunalgesetze, en particular Gemeindeverordnungen de los estados federados.

- Empresas establecidas de conformidad con las Aktiengesetz del 6 de septiembre de 1965, modificada el 5 de enero de 2007, o GmbH-Gesetz del 20 de abril de 1892, modificada el 10 de noviembre de 2006, o que tienen el estatus legal de Kommanditgesellschaft (sociedad limitada), que producen o distribuyen agua sobre la base de un contrato especial con autoridades regionales o locales.

Estonia Entidades sometidas al artículo 10, apartado 3, de la Ley de Contratación Pública (RT I 21.02.2007, 15, 76) y al artículo 14 de la Ley de Competencia (RT I 2001, 56 332):

- AS Haapsalu Veevärk - AS Kuressaare Veevärk - AS Narva Vesi - AS Paide Vesi - AS Pärnu Vesi - AS Tartu Veevärk - AS Valga Vesi - AS Võru Vesi Irlanda Entidades que producen o distribuyen agua de conformidad con la Local Government [Sanitary Services] Act 1878 a 1964 Grecia - 'ΔƄƀηξƂίƀ ΤƁξƂύƃƂωο θƀη ΑπνρƂƄƂύƃƂωο ΠξωƄƂπνύƃεο Α.Δ.' ('Δ.Τ.Γ.Α.Π.' or 'Δ.Τ.Γ.Α.Π. Α.Δ.'). El estatuto legal de la compañía está regido por las disposiciones de la Ley Consolidada nº 2190/1920, Ley nº 2414/1996 y adicionalmente por las disposiciones de la Ley nº 1068/80 y Ley nº 2744/1999.

'- ΔƄƀηξƂίƀ ΎƁξƂπƃεο θƀη ΑπνρέƄƂπƃεο zƂƃƃƀινλίθεο Α.Δ.' ('Δ.Τ.Α.z. Α.Δ.') regidas por las disposiciones de la Ley nº 2937/2001 (Boletín Oficial de Grecia 169 Α΄) y la Ley nº 2651/1998 (Boletín Oficial de Grecia 248 Α΄).

- 'ΓεκνƄηθή ΔπηρƂίξεƃε ΎƁξƂπƃεο θƀη ΑπνρέƄƂπƃεο ΜƂίδνλνο ΠƂξηνρήο Βόινπ' ('ΓΔΤΑΜΒ'), que opera de conformidad con la Ley nº 890/1979.

- 'ΓεκνƄηθέο ΔπηρƂηξήƃƂηο ΎƁξƂπƃεο - ΑπνρέƄƂπƃεο', (Compañías Municipales de Suministro de Agua y Acueductos) que producen y distribuyen agua de conformidad con la Ley nº 1069/80 de 23 de agosto de 1980.

- '΢ύλƁƂƃκνη ΎƁξƂπƃεο', (asociaciones de suministro de agua municipales y comunales) que operan de conformidad con el Decreto Presidencial nº 410/1995, de conformidad con ΚώƁηθoο Γήκωλ θƀη ΚνηλνƄήƄωλ.

- 'Γήκνη θƀη ΚνηλόƄεƄƂο', (municipalidades y comunidades) que operan de conformidad con el Decreto Presidencial nº 410/1995, de conformidad con ΚώƁηθoο Γήκωλ θƀη ΚνηλνƄήƄωλ.

España - Mancomunidad de Canales de Taibilla.

- Aigües de Barcelona S.A., y sociedades filiales - Canal de Isabel II - Agencia Andaluza del Agua - Agencia Balear de Agua y de la Calidad Ambiental - Otras entidades públicas que forman parte o dependen de las Comunidades Autónomas y de las corporaciones locales, y activas en el campo de distribución de agua potable.

- Otras entidades privadas que gozan de privilegios especiales o derechos exclusivos otorgados por las corporaciones locales en el campo de distribución de agua potable.

Francia Autoridades regionales o locales y entes públicos locales que producen o distribuyen agua potable:

- Régies des eaux (juntas de agua) (ejemplos: Régie des eaux de Grenoble, régie des eaux de Megève, régie municipale des eaux et de l'assainissement de Mont-de- Marsan, régie des eaux de Venelles) - Entidades de transporte, suministro y producción de agua (ejemplos: Syndicat des eaux d'Ile de France, syndicat départemental d'alimentation en eau potable de la Vendée, syndicat des eaux et de l'assainissement du Bas-Rhin, syndicat intercommunal des eaux de la région grenobloise, syndicat de l'eau du Var-est, syndicat des eaux et de l'assainissement du Bas-Rhin).

Italia - Entes responsables de la gestión de diversas etapas del proceso de distribución de agua, sometido al texto legislativo consolidado sobre la asunción directa del control de los servicios públicos por las autoridades locales y provinciales, aprobado por el Regio Decreto nº 2578 del 15 de octubre de 1925, D.P.R. nº 902 de 4 de octubre de 1986 y Decreto Legislativo nº 267 de 18 de agosto de 2000 que establece el texto consolidado de las leyes sobre la estructura de las autoridades locales, con particular referencia a los artículos 112 y 116 - Acquedotto Pugliese S.p.A. (D.lgs. 11.5.1999 n. 141) - Ente acquedotti siciliani establecido por Legge Regionale nº 2/2 del 4 de setiembre 1979 y Legge Regionale nº 81 del 9 de agosto de 1980, in liquidazione con Legge Regionale nº 9 del 31 de mayo de 2004 (art. 1) - Ente sardo acquedotti e fognature establecido por Ley nº 9 del 5 de julio de 1963. Poi ESAF S.p.A. nel 2003 - confluita in ABBANOA S.p.A: ente soppresso il 29.7.2005 e posto in liquidazione con L.R. 21.4.2005 n°7 (art. 5, comma 1)- Legge finanziaria 2005 Chipre - Σƀ ΢πκβνύιηƀ ΤƁƀƄνπξνκήζƂηƀο, que distribuyen agua en areas municipales y otras de conformidad con πƂξί ΤƁƀƄνπξνκήζƂηƀο ΓεκνƄηθώλ θƀη Άιιωλ ΠƂξηνρώλ Νόκνπ, ΚƂƅ.

Letonia - Sujetos de derecho público y privado que producen transmiten y distribuyen agua potable a un sistema fijo, y que realizan adquisiciones de conformidad con la ley "Par iepirkumu sabiedrisko pakalpojumu sniedzēju vajadzībām" Lituania - Entidades que cumplen los requerimientos del artículo 70 (1, 2) de la Ley de Contratación Pública de la República de Lituania (Boletín Oficial nº 84-2000, 1996; nº 4-102, 2006) y ejecutando producción de agua potable, y actividades de transporte o distribución de acuerdo con la Ley de Agua Potable y Tratamiento de aguas Residuales de la República de Lituania (Boletín Oficial nº 82-3260, 2006).

Luxemburgo - Departamentos de las autoridades locales responsables de la distribución de agua - Asociaciones de autoridades locales que producen o distribuyen agua, establecidas de conformidad con la Loi concernant la création des syndicats de communes del 23 de febrero de 2001, modificada y ampliada por la Ley del 23 de diciembre de 1958 y por la Ley del 29 de julio de 1981, y de conformidad con la loi ayant pour objet le renforcement de l'alimentation en eau potable du Grand-Duché du Luxemburgo à partir du réservoir d'Esch-sur-Sûre del 31 de julio de 1962 - Syndicat de communes pour la construction, l'exploitation et l'entretien de la conduite d'eau du Sud-Est - SESE - Syndicat des Eaux du Barrage d'Esch-sur-Sûre - SEBES - Syndicat intercommunal pour la distribution d'eau dans la région de l'Est - SIDERE - Syndicat des Eaux du Sud - SES - Syndicat des communes pour la construction, l'exploitation et l'entretien d'une distribution d'eau à Savelborn-Freckeisen - Syndicat pour la distribution d'eau dans les communes de Bous, Dalheim, Remich, Stadtbredimus et Waldbredimus - SR - Syndicat de distribution d'eau des Ardennes - DEA - Syndicat de communes pour la construction, l'exploitation et l'entretien d'une distribution d'eau dans les communes de Beaufort, Berdorf et Waldbillig - Syndicat des eaux du Centre - SEC Hungría - Entidades que producen, transportan o distribuyen agua de conformidad con los artículos 162-163 de 2003. évi CXXIX. törvény a közbeszerzésekről y 1995. évi LVII. törvény a vízgazdálkodásról.

Malta - Korporazzjoni għas-Servizzi ta' l-Ilma (Empresa de Servicios de Agua) - Korporazzjoni għas-Servizzi ta' Desalinazzjoni (Empresa de Servicios de Desalinización de Agua) Países Bajos Entidades que producen o distribuyen agua de conformidad con la Waterleidingwet Austria Autoridades locales y asociaciones de autoridades locales, que transportan o distribuyen agua potable de conformidad con las Wasserversorgungsgesetze de los nueve estados federados Polonia Empresas de agua y alcantarillado definidas en la Ustawa z dnia 7 czerwca 2001 r., o zbiorowym zaopatrzeniu w wodę i zbiorowym odprowadzaniu ścieków, que realizan una actividad económica de suministro de agua o evaluación de aguas residuales al conjunto de la población, entre las que figuran:

- AQUANET S.A., Poznań - Górnośląskie Przedsiębiorstwo Wodociągów S.A. w Katowicach - Miejskie Przedsiębiorstwo Wodociągów i Kanalizacji S.A. w Krakowie - Miejskie Przedsiębiorstwo Wodociągów i Kanalizacji Sp. z o. o. Wrocław - Miejskie Przedsiębiorstwo Wodociągów i Kanalizacji w Lublinie Sp. z o.o.

- Miejskie Przedsiębiorstwo Wodociągów i Kanalizacji w m. st. Warszawie S.A.

- Rejonowe Przedsiębiorstwo Wodociągów i Kanalizacji w Tychach S.A.

- Rejonowe Przedsiębiorstwo Wodociągów i Kanalizacji Sp. z o.o. w Zawierciu - Rejonowe Przedsiębiorstwo Wodociągów i Kanalizacji w Katowicach S.A.

- Wodociągi Ustka Sp. z o.o.

- Zakład Wodociągów i Kanalizacji Sp. z o.o. Łódź - Zakład Wodociągów i Kanalizacji Sp. z o.o. Szczecin Portugal - Sistemas intermunicipales - Empresas con participación del Estado u otros entre públicos, con una participación mayoritaria, y empresas privadas, de conformidad con el Decreto-Lei nº 379/93 do 5 de Novembro 1993, modificado por el Decreto-Lei nº 176/99 do 25 de Outubro 1999, Decreto-Lei nº 439-A/99 do 29 de Outubro 1999 y Decreto-Lei nº 103/2003 do 23 de Maio 2003. Es permitida la administración directa del Estado.

- Sistemas Municipales - Autoridades locales, asociaciones de autoridades locales, autoridades locales de servicios, empresas en que todo o la mayoría del capital es de propiedad pública o empresas privadas de conformidad con la Lei 53-F/2006, do 29 de Dezembro 2006, y el Decreto-Lei nº 379/93 do 5 de Novembro 1993 modificado por Decreto-Lei nº 176/99 de 25 de Outubro 1999, Decreto-Lei nº 439- A/99 do 29 de Outubro 1999 e Decreto-Lei nº 103/2003 do 23 de Maio 2003 Rumanía Departamente ale autorităţilor locale şi companii care produc, transportă şi distribuie apă (departamentos de las autoridades locales y empresas de producción, transporte y distribución de agua); ejemplos:

- S.C. APA -C.T.T.A. S.A. Alba Iulia, Alba - S.C. APA -C.T.T.A. S.A. Filiala Alba Iulia SA., Alba Iulia, Alba - S.C. APA -C.T.T.A. S.A Filiala Blaj, Blaj, Alba - Compania de Apă Arad - S.C. Aquaterm AG 98 S.A. Curtea de Argeş, Argeş - S.C. APA Canal 2000 S.A. Piteşti, Argeş - S.C. APA Canal S.A. Oneşti, Bacău - Compania de Apă-Canal, Oradea, Bihor - R.A.J.A. Aquabis Bistriţa, Bistriţa-Năsăud - S.C. APA Grup SA Botoşani, Botoşani - Compania de Apă, Braşov, Braşov - R.A. APA, Brăila, Brăila - S.C. Ecoaquasa Sucursala Călăraşi, Călăraşi, Călăraşi - S.C. Compania de Apă Someş S.A., Cluj, Cluj-Napoca - S.C. Aquasom S.A. Dej, Dej, Cluj - Regia Autonomă Judeţeană de Apă, Constanţa, Constanţa - R.A.G.C. Târgovişte, Târgovişte Dâmboviţa - R.A. APA Craiova, Craiova, Dolj - S.C. Apa-Canal S.A., Băileşti, Dolj - S.C. Apa-Prod S.A. Deva, Deva, Hunedoara - R.A.J.A.C. Iaşi, Iaşi - Direcţia Apă-Canal, Paşcani, Iaşi - Societatea Naţională a Apelor Minerale (SNAM) Eslovenia Entidades que producen, transportan o distribuyen agua potable, de conformidad con una concesión otorgada de conformidad con la Zakon o varstvu okolja (Uradni list RS, 32/93, 1/96) y las decisiones emitidas por las municipalidades.

| Mat. St | Naziv | Pońtna Ńt. | Kraj | | --- | --- | --- | --- | | 5015731 | Javno Komunalno Podjetje Komunala Trbovlje D.O.O. | 1420 | Trbovlje | | 5067936 | Komunala D.O.O. Javno Podjetje Murska Sobota | 9000 | Murska Sobota | | 5067804 | Javno Komunalno Podjetje Komunala Kočevje D.O.O. | 1330 | Kočevje | | 5075556 | Lońka Komunala, Oskrba Z Vodo In Plinom, D.D. Ńkofja Loka | 4220 | Ńkofja Loka | | 5222109 | Komunalno Podjetje Velenje D.O.O. Izvajanje Komunalnih Dejavnosti D.O.O. | 3320 | Velenje | | 5072107 | Javno Komunalno Podjetje Slovenj Gradec D.O.O. | 2380 | Slovenj Gradec | | 1122959 | Komunala Javno Komunalno Podjetje D.O.O. Gornji Grad | 3342 | Gornji Grad | | 1332115 | Reņijski Obrat Občine Jezersko | 4206 | Jezersko | | 1332155 | Reņijski Obrat Občine Komenda | 1218 | Komenda | | 1357883 | Reņijski Obrat Občine Lovrenc Na Pohorju | 2344 | Lovrenc Na Pohorju | | 1563068 | Komuna, Javno Komunalno Podjetje D.O.O. Beltinci | 9231 | Beltinci | | 1637177 | Pindņa Javno Komunalno Podjetje D.O.O. Petrovci | 9203 | Petrovci | | 1683683 | Javno Podjetje Edń - Ekolońka Druņba, D.O.O. Ńentjernej | 8310 | Ńentjernej | | 5015367 | Javno Podjetje Kovod Postojna, Vodovod, Kanalizacija, D.O.O., Postojna | 6230 | Postojna | | 5015707 | Komunalno Podjetje Vrhnika Proizvodnja In Distribucija Vode, D.D. | 1360 | Vrhnika | | 5016100 | Komunalno Podjetje Ilirska Bistrica | 6250 | Ilirska Bistrica | | 5046688 | Javno Podjetje Vodovod - Kanalizacija, D.O.O. Ljubljana | 1000 | Ljubljana | | 5062403 | Javno Podjetje Komunala Črnomelj D.O.O. | 8340 | Črnomelj | | 5063485 | Komunala Radovljica, Javno Podjetje Za Komunalno Dejavnost, D.O.O. | 4240 | Radovljica | | 5067731 | Komunala Kranj, Javno Podjetje, D.O.O. | 4000 | Kranj | | 5067758 | Javno Podjetje Komunala Cerknica D.O.O. | 1380 | Cerknica | | 5068002 | Javno Komunalno Podjetje Radlje D.O.O. Ob Dravi | 2360 | Radlje Ob Dravi | | 5068126 | Jkp, Javno Komunalno Podjetje D.O.O. Slovenske Konjice | 3210 | Slovenske Konjice | | 5068134 | Javno Komunalno Podjetje Ņalec D.O.O. | 3310 | Ņalec | | 5073049 | Komunalno Podjetje Ormoņ D.O.O. | 2270 | Ormoņ | | 5073103 | Kop Javno Komunalno Podjetje Zagorje Ob Savi, D.O.O. | 1410 | Zagorje Ob Savi | | 5073120 | Komunala Novo Mesto D.O.O., Javno Podjetje | 8000 | Novo Mesto | | 5102103 | Javno Komunalno Podjetje Log D.O.O. | 2390 | Ravne Na Korońkem | | 5111501 | Okp Javno Podjetje Za Komunalne Storitve Rogańka Slatina D.O.O. | 3250 | Rogańka Slatina | | 5112141 | Javno Podjetje Komunalno Stanovanjsko Podjetje Litija, D.O.O. | 1270 | Litija | | 5144558 | Komunalno Podjetje Kamnik D.D. | 1241 | Kamnik | | 5144574 | Javno Komunalno Podjetje Grosuplje D.O.O. | 1290 | Grosuplje | | 5144728 | Ksp Hrastnik Komunalno - Stanovanjsko Podjetje D.D. | 1430 | Hrastnik | | 5145023 | Komunalno Podjetje Trņič D.O.O. | 4290 | Trņič | | 5157064 | Komunala Metlika Javno Podjetje D.O.O. | 8330 | Metlika | | 5210461 | Komunalno Stanovanjska Druņba D.O.O. Ajdovńčina | 5270 | Ajdovńčina | | 5213258 | Javno Komunalno Podjetje Dravograd | 2370 | Dravograd | | 5221897 | Javno Podjetje Komunala D.O.O. Mozirje | 3330 | Mozirje | | 5227739 | Javno Komunalno Podjetje Prodnik D.O.O. | 1230 | Domņale | | 5243858 | Komunala Trebnje D.O.O. | 8210 | Trebnje | | 5254965 | Komunala, Komunalno Podjetje D.O.O.,Lendava | 9220 | Lendava - Lendva | | 5321387 | Komunalno Podjetje Ptuj D.D. | 2250 | Ptuj | | 5466016 | Javno Komunalno Podjetje Ńentjur D.O.O. | 3230 | Ńentjur | | 5475988 | Javno Podjetje Komunala Radeče D.O.O. | 1433 | Radeče | | 5529522 | Radenska-Ekoss, Podjetje Za Stanovanjsko, Komunalno In Ekolońko Dejavnost, Radenci D.O.O. | 9252 | Radenci | | 5777372 | Vit-Pro D.O.O. Vitanje; Komunala Vitanje, Javno Podjetje D.O.O. | 3205 | Vitanje | | 5827558 | Komunalno Podjetje Logatec D.O.O. | 1370 | Logatec | | 5874220 | Reņijski Obrat Občine Osilnica | 1337 | Osilnica | | 5874700 | Reņijski Obrat Občine Turnińče | 9224 | Turnińče | | 5874726 | Reņijski Obrat Občine Črenńovci | 9232 | Črenńovci | | 5874734 | Reņijski Obrat Občine Kobilje | 9223 | Dobrovnik | | 5881820 | Reņijski Obrat Občina Kanal Ob Soči | 5213 | Kanal | | 5883067 | Reņijski Obrat Občina Tińina | 9251 | Tińina | | 5883148 | Reņijski Obrat Občina Ņelezniki | 4228 | Ņelezniki | | 5883342 | Reņijski Obrat Občine Zreče | 3214 | Zreče | | 5883415 | Reņijski Obrat Občina Bohinj | 4264 | Bohinjska Bistrica | | 5883679 | Reņijski Obrat Občina Črna Na Korońkem | 2393 | Črna Na Korońkem | | 5914540 | Vodovod - Kanalizacija Javno Podjetje D.O.O. Celje | 3000 | Celje | | 5926823 | Jeko - In, Javno Komunalno Podjetje, D.O.O., Jesenice | 4270 | Jesenice | | 5945151 | Javno Komunalno Podjetje Brezovica D.O.O. | 1352 | Preserje | | 5156572 | Kostak, Komunalno In Stavbno Podjetje D.D. Krńko | 8270 | Krńko | | 1162431 | Vodokomunalni Sistemi Izgradnja In Vzdrņevanje Vodokomunalnih Sistemov D.O.O. Velike Lańče | | Velike Lańče | | 1314297 | Vodovodna Zadruga Golnik, Z.O.O. | 4204 | Golnik | | 1332198 | Reņijski Obrat Občine Dobrovnik | 9223 | Dobrovnik - Dobronak | | 1357409 | Reņijski Obrat Občine Dobje | 3224 | Dobje Pri Planini | | 1491083 | Pungrad, Javno Komunalno Podjetje D.O.O. Bodonci | 9265 | Bodonci | | 1550144 | Vodovodi In Kanalizacija Nova Gorica D.D. | 5000 | Nova Gorica | | 1672860 | Vodovod Murska Sobota Javno Podjetje D.O.O. | 9000 | Murska Sobota | | 5067545 | Komunalno Stanovanjsko Podjetje Breņice D.D. | 8250 | Breņice | | 5067782 | Javno Podjetje - Azienda Publica Riņanski Vodovod Koper D.O.O. - S.R.L. | 6000 | Koper - Capodistria | | 5067880 | Mariborski Vodovod Javno Podjetje D.D. | 2000 | Maribor | | 5068088 | Javno Podjetje Komunala D.O.O. Sevnica | 8290 | Sevnica | | 5072999 | Krańki Vodovod Seņana Javno Podjetje D.O.O. | 6210 | Seņana | | 5073251 | Hydrovod D.O.O. Kočevje | 1330 | Kočevje | | 5387647 | Komunalno-Stanovanjsko Podjetje Ljutomer D.O.O. | 9240 | Ljutomer | | 5817978 | Vodovodna Zadruga Preddvor, Z.B.O. | 4205 | Preddvor | | 5874505 | Reņijski Obrat Občina Lańko | | Lańko | | 5880076 | Reņijski Obrat Občine Cerkno | 5282 | Cerkno | | 5883253 | Reņijski Obrat Občine Rače Fram | 2327 | Rače | | 5884624 | Vodovodna Zadruga Lom, Z.O.O. | 4290 | Trņič | | 5918375 | Komunala, Javno Podjetje, Kranjska Gora, D.O.O. | 4280 | Kranjska Gora | | 5939208 | Vodovodna Zadruga Senično, Z.O.O. | 4294 | Kriņe | | 1926764 | Ekoviz D.O.O. | 9000 | Murska Sobota | | 5077532 | Komunala Tolmin, Javno Podjetje D.O.O. | 5220 | Tolmin | | 5880289 | Občina Gornja Radgona | 9250 | Gornja Radgona | | 1274783 | Wte Wassertechnik Gmbh, Podruņnica Kranjska Gora | 4280 | Kranjska Gora | | 1785966 | Wte Bled D.O.O. | 4260 | Bled | | 1806599 | Wte Essen | 3270 | Lańko | | 5073260 | Komunalno Stanovanjsko Podjetje D.D. Seņana | 6210 | Seņana | | 5227747 | Javno Podjetje Centralna Čistilna Naprava Domņale - Kamnik D.O.O. | 1230 | Domņale | | 1215027 | Aquasystems Gospodarjenje Z Vodami D.O.O. | 2000 | Maribor | | 1534424 | Javno Komunalno Podjetje D.O.O. Meņica | 2392 | Meņica | | 1639285 | Čistilna Naprava Lendava D.O.O. | 9220 | Lendava - Lendva | | 5066310 | Nigrad Javno Komunalno Podjetje D.D. | 2000 | Maribor | | 5072255 | Javno Podjetje-Azienda Pubblica Komunala Koper, D.O.O. - S.R.L. | 6000 | Koper - Capodistria | | 5156858 | Javno Podjetje Komunala Izola, D.O.O. Azienda Pubblica Komunala Isola, S.R.L. | 6310 | Izola - Isola | | 5338271 | Gop Gradbena, Organizacijska In Prodajna Dejavnost,D.O.O. | 8233 | Mirna | | 5708257 | Stadij, D.O.O., Hruńevje | 6225 | Hruńevje | | 5144647 | Komunala, Javno Komunalno Podjetje Idrija, D.O.O. | 5280 | Idrija | | 5105633 | Javno Podjetje Okolje Piran | 6330 | Piran - Pirano | | 5874327 | Reņijski Obrat Občina Kranjska Gora | 4280 | Kranjska Gora | | 1197380 | Čista Narava, Javno Komunalno Podjetje D.O.O. Moravske Toplice | 9226 | Moravske Toplice | Eslovaquia - Entidades que operan sistemas públicos de agua en conexión con la producción o transporte o distribución de agua potable al público sobre la base de una licencia de comercialización y certificado de competencia profesional para operación de sistemas públicos de agua otorgada de conformidad con la Ley nº 442/2002 Coll. En la redacción de las leyes nº 525/2003 Coll., nº 364/2004 Coll., nº 587/2004 Coll. y nº 230/2005 Coll., - Entidades que operan plantas de tratamiento de aguas de conformidad con las condiciones indicadas en la Ley nº 364/2004 Coll. en la redacción de las leyes nº 587/2004 Coll. y nº 230/2005 Coll., sobre la base de un permiso otorgado de conformidad con la ley nº 135/1994 Coll. con la redacción de las leyes nº 52/1982 Coll., nº 595/1990 Coll., nº 128/1991 Coll., nº 238/1993 Coll., nº 416/2001 Coll., nº 533/2001 Coll. y simultáneamente previsto para transporte o distribución de agua potable al público de conformidad con la ley nº 442/2002 Coll. en la redacción de las leyes nº 525/2003 Coll., nº 364/2004 Coll., nº 587/2004 Coll. y nº 230/2005 Coll.

Por ejemplo:

- Bratislavská vodárenská spoločnosť, a.s.

- Západoslovenská vodárenská spoločnosť, a.s.

- Povaņská vodárenská spoločnosť, a.s.

- Severoslovenské vodárne a kanalizácie, a.s.

- Stredoslovenská vodárenská spoločnosť, a.s.

- Podtatranská vodárenská spoločnosť, a.s.

- Východoslovenská vodárenská spoločnosť, a.s.

Finlandia - Autoridades de suministro de agua bajo la sección 3 de Vesihuoltolaki/lagen om vattentjänster (119/2001).

Suecia Autoridades locales y compañías municipales que producen, transportan o distribuyen agua potable de conformidad con la Lagen (2006:412) om allmänna vattentjänster.

Reino Unido - Una compañía designada como responsable de la gestión de agua o de aguas residuales de conformidad con la Water Industry Act 1991 - Una autoridad de agua y alcantarillado establecida por la sección 62 de Local Government etc. (Scotland) Act 1994.

- The Department for Regional Development (Northern Ireland)

III. SERVICIOS URBANOS DE FERROCARRIL, TRANVÍA, TROLEBÚS O AUTOBÚS

Bélgica - Société des Transports intercommunaux de Bruxelles/Maatschappij voor intercommunaal Vervoer van Brussel - Société régionale wallonne du Transport et ses sociétés d'exploitation (TEC Liège- Verviers, TEC Namur-Luxembourg, TEC Brabant wallon, TEC Charleroi, TEC Hainaut)/ Société régionale wallonne du Transport en haar exploitatiemaatschappijen (TEC Liège-Verviers, TEC Namur-Luxembourg, TEC Brabant wallon, TEC Charleroi, TEC Hainaut) - Vlaamse Vervoermaatschappij (De Lijn) - Empresas privadas que gozan de derechos especiales o exclusivos Bulgaria - "Метрополитен" ЕАД, София - "Столичен електротранспорт" ЕАД, София - "Столичен автотранспорт" ЕАД, София - "Бургасбус" ЕООД, Бургас - "Градски транспорт" ЕАД, Варна - "Тролейбусен транспорт" ЕООД, Враца - "Общински пътнически транспорт" ЕООД, Габрово - "Автобусен транспорт" ЕООД, Добрич - "Тролейбусен транспорт" ЕООД, Добрич - "Тролейбусен транспорт" ЕООД, Пазарджик - "Тролейбусен транспорт" ЕООД, Перник - "Автобусни превози" ЕАД, Плевен - "Тролейбусен транспорт" ЕООД, Плевен - "Градски транспорт Пловдив" ЕАД, Пловдив - "Градски транспорт" ЕООД, Русе - "Пътнически превози" ЕАД, Сливен - "Автобусни превози" ЕООД, Стара Загора - "Тролейбусен транспорт" ЕООД, Хасково República Checa Todas las entidades contratantes en los sectores que prestan servicios en el campo de servicios de ferrocarril urbano, tranvía, trolebús o autobús definidos en la sección 4 del apartado 1, letra f) de la Ley nº 137/2006 Coll. sobre contratos públicos, modificada.

Ejemplos de autoridades contratantes:

- Dopravní podnik hl.m. Prahy,akciová společnost - Dopravní podnik města Brna, a. s.

- Dopravní podnik Ostrava a.s.

- Plzeňské městské dopravní podniky, a.s.

- Dopravní podnik města Olomouce, a.s.

Dinamarca - DSB - DSB S-tog A/S - Entidades que prestan servicios de autobús al público (servicios regulares ordinarios) sobre la base de una autorización de conformidad con la Lov om buskørsel, ver Ley de Consolidación nº 107 del 19 de febrero de 2003.

- Metroselskabet I/S Alemania Empresas que proveen, sobre la base de una autorización, servicios de transporte de corta distancia al público de conformidad con la Personenbeförderungsgesetz de 21 de marzo de 1961, modificada el 31 de octubre de 2006.

Estonia - Entidades que operan de conformidad con el artículo 10(3) de la Ley de Contratación Pública (RT I 21.02.2007,15, 76) y el artículo 14 de la Ley de Competencia (RT I 2001, 56 332) - AS Tallinna Autobussikoondis - AS Tallinna Trammi- ja Trollibussikoondis - Narva Bussiveod AS Irlanda - Iarnród Éireann [Irish Rail] - Railway Procurement Agency - Luas [Dublin Light Rail] - Bus Éireann [Irish Bus] - Bus Átha Cliath [Dublin Bus] - Entidades que prestan servicios de transporte al público de conformidad con la Road Transport Act 1932 modificada.

Grecia - 'ΗιƂθƄξνθίλεƄƀ ΛƂωƅνξƂίƀ ΠƂξηνρήο Αζελώλ - ΠƂηξƀηώο Α.Δ.' ('Η.Λ.Π.Α.Π. Α.Δ.') (Trolebuses Atenas- El Pireo- S.A), establecida y que opera de confomidad con el Decreto Legislativo nº 768/1970 (Α΄273), la Ley nº 588/1977 (Α΄148) y la Ley nº 2669/1998 (Α΄283).

- 'ΗιƂθƄξηθνί ΢ηƁεξόƁξνκνη Αζελώλ - ΠƂηξƀηώο' ('Η.΢.Α.Π. Α.Δ.') (Ferrocarril Eléctrico Atenas-El Pireo S.A), establecida y que opera de conformidad con las Leyes 352/1976 (Α΄ 147) y 2669/1998 (Α΄283) - 'Οξγƀληƃκόο ΑƃƄηθώλ ΢πγθνηλωληώλ Αζελώλ Α.Δ.' ('Ο.Α.΢Α. Α.Δ.') (Organización de Transportes Urbanos de Atenas S.A), establecida y que opera de conformidad con las Leyes nºs 2175/1993 (Α΄211) y 2669/1998 (Α΄283) - 'ΔƄƀηξƂίƀ zƂξκηθώλ ΛƂωƅνξƂίωλ Α.Δ.' ('Δ.z.Δ.Λ. Α.Δ.'), ) (Compañía de Autobuses Térmicos S.A., establecida y que opera de conformidad con las Leyes nºs 2175/1993 (Α΄211) y 2669/1998 (Α΄283) - 'ΑƄƄηθό ΜƂƄξό Α.Δ.' (Attiko Metro S.A), establecida y que opera de conformidad con la Ley nº 1955/1991 - "Οξγƀληƃκόο ΑƃƄηθώλ ΢πγθνηλωληώλ zƂƃƃƀινλίθεο" ("Ο.Α.΢.z."), establecido y que opera de conformidad con el Decreto nº 3721/1957, Decreto Legislativo nº 716/1970 y Leyes nºs 866/79 y 2898/2001 (Α'71).

- "Κνηλό ΣƀκƂίν Δίƃπξƀμεο ΛƂωƅνξƂίωλ" ("Κ.Σ.Δ.Λ."), que opera de conformidad con la Ley nº 2963/2001 (Α'268).

- "ΓεκνƄηθέο ΔπηρƂηξήƃƂηο ΛƂωƅνξƂίωλ ΡόƁνπ θƀη Κω", también conocidos como "ΡΟΓΑ" y "ΓΔΑ΢ ΚΧ" respectivamente, que operan de conformidad con la Ley nº 2963/2001 (Α'268).

España - Entidades que prestan servicios de transporte público urbano de conformidad con la "Ley 7/1985 Reguladora de las Bases de Régimen Local del 2 de abril 1985; Real Decreto legislativo 781/1986, de 18 de abril, por el que se aprueba el texto refundido de las disposiciones legales vigentes en materia de régimen local" y correspondiente con la legislación regional, si aplica.

- Entidades que prestan servicios de autobús al público de conformidad con la disposición transitoria número tres de la "Ley 16/1987, de 30 de julio, de Ordenación de los Transportes Terrestres".

Ejemplos:

- Empresa Municipal de Transportes de Madrid - Empresa Municipal de Transportes de Málaga - Empresa Municipal de Transportes Urbanos de Palma de Mallorca - Empresa Municipal de Transportes Públicos de Tarragona - Empresa Municipal de Transportes de Valencia - Transporte Urbano de Sevilla, S.A.M. (TUSSAM) - Transporte Urbano de Zaragoza, S.A. (TUZSA) - Entitat Metropolitana de Transport - AMB - Eusko Trenbideak, s.a.

- Ferrocarril Metropolitá de Barcelona, sa - Ferrocariles de la Generalitat Valenciana - Consorcio de Transportes de Mallorca - Metro de Madrid - Metro de Málaga, S.A.

- Red Nacional de los Ferrocarriles Españoles (Renfe) Francia - Entidades que prestan servicios de transporte al público de conformidad con el artículo 7-II de Loi d'orientation des transports intérieurs nº 82-1153 del 30 de diciembre de 1982.

- Régie des transports de Marseille - RDT 13 Régie départementale des transports des Bouches du Rhône - Régie départementale des transports du Jura - DTHV Régie départementale des transports de la Haute-Vienne - Régie autonome des transports parisiens, Société nationale des chemins de fer français y otras entidades que proveen servicios de transporte sobre la base de una autorización otorgada por el Syndicat des transports d'Île-de-France, de conformidad con la Orden n°59-151 del 7 de enero de 1959 reformada y los Decretos de implementación en relación con la organización del transporte de pasajeros en la región Île-de-France.

- Réseau ferré de France, compañía de propiedad estatal establecida por la Ley n°97- 135 del 13 de febrero de 1997.

- Autoridades regionales o locales o grupos de autoridades regionales o locales que conforman una autoridad organizada de transportes (ejemplo: Communauté urbaine de Lyon).

Italia Entidades, compañías y empresas que proveen servicio de transporte por ferrocarril, sistema automatizado, tranvía, trolebús o autobús o que manejan la infraestructura a nivel nacional, regional, o local Incluyen, por ejemplo:

- Entidades, compañías y empresas que prestan servicios públicos de transporte sobre la base de una autorización de conformidad con el Decreto del Ministro dei Trasporti nº 316 del 1 de diciembre de 2006 "Regolamento recante riordino dei servizi automobilistici interregionali di competenza statale" - Entidades, compañías y empresas que prestan servicios de transporte al público de conformidad con el artículo 1(4) o (15) del Regio Decreto nº 2578 del 15 de octubre de 1925 - Approvazione del testo unico della legge sull'assunzione diretta dei pubblici servizi da parte dei comuni e delle province.

- Entidades, compañías y empresas que prestan servicios de transporte al público de conformidad con el Decreto Legislativo nº 422 del 19 de noviembre de 1997 - Conferimento alle regioni ed agli enti locali di funzioni e compiti in materia di trasporto pubblico locale, bajo los términos del artículo 4(4) de la Legge nº 59 del 15 de marzo de 1997 - modificada por el Decreto Legislativo nº 400 del 20 de septiembre de 1999, y por el artículo 45 de la Legge nº 166 del 1 de agosto de 2002.

- Entidades, compañías y empresas que prestan servicios de transporte al público de conformidad con el artículo 113 del texto consolidado de las leyes sobre estructura de las autoridades locales, aprobado por Legge nº 267 del 18 de agosto de 2000 modificada por el artículo 35 de la Legge nº 448 del 28 de diciembre de 2001.

- Entidades, compañías y empresas que operan sobre la base de una concesión de conformidad con los artículos 242 o 256 del Regio Decreto nº 1447 del 9 de mayo de 1912 por el que se aprueba el texto consolidado de las leyes sobre le ferrovie concesse all'industria privata, le tramvie a trazione meccanica e gli automobili.

- Entidades, compañías y empresas y autoridades locales que operan sobre la base de una concesión de conformidad con el artículo 4 de la Legge nº 410 del 4 de junio de1949 - Concorso dello Stato per la riattivazione dei pubblici servizi di trasporto in concessione.

- Entidades, compañías y empresas que operan sobre la base de una conceción de conformidad con el artículo 14 de la Legge nº 1221 del 2 de agosto de 1952 - Provvedimenti per l'esercizio ed il potenziamento di ferrovie e di altre linee di trasporto in regime di concessione Chipre Letonia Sujetos de derecho público y privado que prestan servicios a los pasajeros transportados en autobuses, trolebuses y/o trams al menos en las siguientes ciudades: Riga, Jurmala Liepaja, Daugavpils, Jelgava, Rezekne and Ventspils Lituania - Akcinė bendrovė "Autrolis" - Uņdaroji akcinė bendrovė "Vilniaus autobusai" - Uņdaroji akcinė bendrovė "Kauno autobusai" - Uņdaroji akcinė bendrovė "Vilniaus troleibusai" - Otras entidades de conformidad con los requerimientos del artículo 70, apartados 1 y 2, de la Ley sobre Contratación Pública de la República de Lituania (Boletín Oficial nº 84-2000, 1996; nº 4-102, 2006) y que operan en el campo de los servicios de transporte ferroviario, tranvía, trolebús y autobús de conformidad con el Código de Transporte Terrestre de la República de Lituania (Boletín Oficial nº 119-2772, 1996).

Luxemburgo - Chemins de fer luxembourgeois (CFL).

- Service communal des autobus municipaux de la Ville de Luxembourg.

- Transports intercommunaux du canton d'Esch-sur-Alzette (TICE).

- Empresas de servicios de autobús que operan de conformidad con el Règlement grand-ducal concernant les conditions d'octroi des autorisations d'établissement et d'exploitation des servicios de transports routiers réguliers de personnes remuneres del 3 de febrero de 1978.

Hungría - Entidades que prestan servicios de transporte público por autobús programados y de larga distancia de conformidad con los artículos 162-163 de 2003. évi CXXIX. törvény a közbeszerzésekről y 1988. évi I. törvény a közúti közlekedésről.

- Entidades que proveen transporte público ferroviario interno de pasajeros de conformidad con artículos 162-163 de 2003. évi CXXIX. törvény a közbeszerzésekről y 2005. évi CLXXXIII. törvény a vasúti közlekedésről.

Malta - L-Awtorita` dwar it-Trasport ta' Malta (Malta Transport Authority) Países Bajos Entidades que prestan servicios de transporte al público de conformidad con el capítulo II (Openbaar Vervoer) del Wet Personenvervoer. Por ejemplo:

- RET (Rotterdam) - HTM (Den Haag) - GVB (Amsterdam) Austria - Entidades autorizadas a ofrecer servicios de transporte público de conformidad con la Eisenbahngesetz, BGBl. nº 60/1957, modificada, o la Kraftfahrliniengesetz, BGBl. I nº 203/1999, modificada.

Polonia (1) Entidades que prestan servicios ferroviarios urbanos, que operan sobre la base de una concesión otorgada de conformidad con Ustawa z dnia 28 marca 2003 r. o transporcie kolejowym, (2) Entidades que prestan servicios de transporte por autobús para el público en general, que operan sobre la base de una autorización de conformidad con Ustawa z dnia 6 września 2001 r. o transporcie drogowym y entidades que prestan servicios urbanos de transporte al público en general, entre las que figuran:

- Komunalne Przedsiębiorstwo Komunikacyjne Sp. z o.o., Białystok - Komunalny Zakład Komunikacyjny Sp. z o.o., Białystok - Miejski Zakład Komunikacji Sp. z o.o., Grudziądz - Miejski Zakład Komunikacji Sp. z o.o., w Zamościu - Miejskie Przedsiębiorstwo Komunikacyjne - Łódź Sp. z o.o.

- Miejskie Przedsiębiorstwo Komunikacyjne Sp. z o. o., Lublin - Miejskie Przedsiębiorstwo Komunikacyjne S.A., Kraków - Miejskie Przedsiębiorstwo Komunikacyjne S.A., Wrocław - Miejskie Przedsiębiorstwo Komunikacyjne Sp. z o.o., Częstochowa - Miejskie Przedsiębiorstwo Komunikacyjne Sp. z ν.ν., Gniezno - Miejskie Przedsiębiorstwo Komunikacyjne Sp. z ν,ν., Olsztyn - Miejskie Przedsiębiorstwo Komunikacyjne Sp. z o.o., Radomsko - Miejskie Przedsiębiorstwo Komunikacyjne Sp. z ν.ν., Wałbrzych - Miejskie Przedsiębiorstwo Komunikacyjne w Poznaniu Sp. z o.o.

- Miejskie Przedsiębiorstwo Komunikacyjne Sp. z o.o., w Świdnicy - Miejskie Zakłady Komunikacyjne Sp. z o.o, Bydgoszcz - Miejskie Zakłady Autobusowe Sp. z o.o., Warszawa - Opolskie Przedsiębiorstwo Komunikacji Samochodowej S.A. w Opolu - Polbus - PKS Sp. z o.o., Wrocław - Polskie Koleje Linowe Sp. z o.o Zakopane - Przedsiębiorstwo Komunikacji Miejskiej Sp. z o.o., Gliwice - Przedsiębiorstwo Komunikacji Miejskiej Sp. z o.o. w Sosnowcu - Przedsiębiorstwo Komunikacji Samochodowej Leszno Sp. z o.o.

- Przedsiębiorstwo Komunikacji Samochodowej S.A., Kłodzko - Przedsiębiorstwo Komunikacji Samochodowej S.A., Katowice - Przedsiębiorstwo Komunikacji Samochodowej w Brodnicy S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Dzierżoniowie S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Kluczborku Sp. z o.o.

- Przedsiębiorstwo Komunikacji Samochodowej w Krośnie S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Raciborzu Sp. z o.o.

- Przedsiębiorstwo Komunikacji Samochodowej w Rzeszowie S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Strzelcach Opolskich S.A.

- Przedsiębiorstwo Komunikacji Samochodowej Wieluń Sp. z o.o.

- Przedsiębiorstwo Komunikacji Samochodowej w Kamiennej Górze Sp. z.ν.ν.

- Przedsiębiorstwo Komunikacji Samochodowej w Białymstoku S.A - Przedsiębiorstwo Komunikacji Samochodowej w Bielsku-Białej S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Bolesławcu Sp. z o.o.

- Przedsiębiorstwo Komunikacji Samochodowej w Cieszynie Sp. z ν.ν.

- Przedsiębiorstwo Przewozu Towarów Powszechnej Komunikacji Samochodowej S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Bolesławcu Sp. z ν.ν - Przedsiębiorstwo Komunikacji Samochodowej w Mińsku Mazowieckim S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Siedlcach S.A.

- Przedsiębiorstwo Komunikacji Samochodowej "SOKOŁÓW" w Sokołowie Podlaskim S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Garwolinie S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Lubaniu Sp. z o.o.

- Przedsiębiorstwo Komunikacji Samochodowej w Łukowie S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Wadowicach S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Staszowie Sp. z o.o.

- Przedsiębiorstwo Komunikacji Samochodowej w Krakowie S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Dębicy S.A., - Przedsiębiorstwo Komunikacji Samochodowej w Zawierciu S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Żyrardowie S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Pszczynie Sp. z o.o.

- Przedsiębiorstwo Komunikacji Samochodowej w Płocku S.A.

- Przedsiębiorstwo Spedycyjno-Transportowe "Transgór" Sp. z o.o.

- Przedsiębiorstwo Komunikacji Samochodowej w Stalowej Woli S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Jarosławiu S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Ciechanowie S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Mławie S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Nysie Sp. z, o.o.

- Przedsiębiorstwo Komunikacji Samochodowej w Ostrowcu Świętokrzyskim S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Kielcach S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Końskich S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Jędrzejowie Spółka Akcyjna - Przedsiębiorstwo Komunikacji Samochodowej w Oławie Spółka Akcyjna - Przedsiębiorstwo Komunikacji Samochodowej w Wałbrzychu Sp. z o.o - Przedsiębiorstwo Komunikacji Samochodowej w Busku Zdroju S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Ostrołęce S.A.

- Tramwaje Śląskie S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Olkuszu S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Przasnyszu S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Nowym Sączu S.A.

- Przedsiębiorstwo Komunikacji Samochodowej Radomsko Sp. z o.o - Przedsiębiorstwo Komunikacji Samochodowej w Myszkowie Sp. z ν.ν.

- Przedsiębiorstwo Komunikacji Samochodowej w Lublińcu Sp. z o.o - Przedsiębiorstwo Komunikacji Samochodowej w Głubczycach Sp. z o.o - PKS w Suwałkach S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Koninie S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Turku S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Zgorzelcu Sp. z o.o - PKS Nowa Sól Sp. z o.o - Przedsiębiorstwo Komunikacji Samochodowej Zielona Góra Sp. z o.o - Przedsiębiorstwo Komunikacji Samochodowej Sp. z o.o. w Przemyślu - Przedsiębiorstwo Państwowej Komunikacji Samochodowej, Koło - Przedsiębiorstwo Państwowej Komunikacji Samochodowej, Biłgoraj - Przedsiębiorstwo Komunikacji Samochodowej Częstochowa S.A.

- Przedsiębiorstwo Państwowej Komunikacji Samochodowej, Gdańsk - Przedsiębiorstwo Państwowej Komunikacji Samochodowej, Kalisz - Przedsiębiorstwo Państwowej Komunikacji Samochodowej, Konin - Przedsiębiorstwo Państwowej Komunikacji Samochodowej, Nowy Dwór Mazowiecki - Przedsiębiorstwo Państwowej Komunikacji Samochodowej, Starogard Gdański - Przedsiębiorstwo Państwowej Komunikacji Samochodowej, Toruń - Przedsiębiorstwo Państwowej Komunikacji Samochodowej, Warszawa - Przedsiębiorstwo Komunikacji Samochodowej w Białymstoku S.A.

- Przedsiębiorstwo Komunikacji Samochodowej w Cieszynie Sp, z o.o.

- Przedsiębiorstwo Państwowej Komunikacji Samochodowej w Gnieźnie - Przedsiębiorstwo Państwowej Komunikacji Samochodowej w Krasnymstawie - Przedsiębiorstwo Państwowej Komunikacji Samochodowej w Olsztynie - Przedsiębiorstwo Państwowej Komunikacji Samochodowej w Ostrowie Wlkp.

- Przedsiębiorstwo Państwowej Komunikacji Samochodowej w Poznaniu - Przedsiębiorstwo Państwowej Komunikacji Samochodowej w Zgorzelcu Sp. z o.o.

- Szczecińsko-Polickie Przedsiębiorstwo Komunikacyjne Sp. z o.o.

- Tramwaje Śląskie S.A., Katowice - Tramwaje Warszawskie Sp. z o.o.

- Zakład Komunikacji Miejskiej w Gdańsku Sp. z o.o.

Portugal - Metropolitano de Lisboa, E.P., de conformidad con el Decreto-Lei nº 439/78 do 30 de Dezembro de 1978 - Autoridades locales, servicios de autoridades locales y empresas de autoridades locales de conformidad con la Lei nº 58/98 do 18 de Agosto 1998, que prestan servicios de transporte de conformidad con la Lei nº 159/99 do 14 de Septembro 1999 - Autoridades públicas y empresas públicas que prestan servicios ferroviarios de conformidad con la Lei nº 10/90 do 17 de Março 1990 - Entidades que prestan servicio de transporte público de conformidad con el artículo 98 del Regulamento de Transportes em Automóveis (Decreto nº 37272 do 31 de Dezembro 1948) - Entidades que prestan servicios de transporte público de conformidad con la Lei nº 688/73 do 21 de Dezembro 1973 - Entidades que prestan servicios de transporte público de conformidad con el Decreto-Lei nº 38144 do 31 de Dezembro 1950 - Metro do Porto, S.A., de conformidad con el Decreto-Lei nº 394-A/98 do 15 de Dezembro 1998, modificado por Decreto-Lei nº 261/2001 do 26 September 2001 - Normetro, S.A., de conformidad con el Decreto-Lei nº 394-A/98 do 15 de Dezembro 1998, modificado por Decreto-Lei nº 261/2001 do 26 de Septembro 2001 - Metropolitano Ligeiro de Mirandela, S.A., de conformidad con el Decreto-Lei nº 24/95 do 8 de Fevereiro 1995 - Metro do Mondego, S.A., de conformidad con el Decreto-Lei nº 10/2002 do 24 de Janeiro 2002 - Metro Transportes do Sul, S.A., de conformidad con el Decreto-Lei nº 337/99 do 24 de Agosto 1999 - Autoridades locales y empresas de autoridades locales que prestan servicios de transporte de conformidad con la Lei nº 159/99 do 14 de Septembro 1999 Rumanía - S.C. de transport cu metroul Bucureşti - "Metrorex" SA - Regii autonome locale de transport urban de călători Eslovenia Compañías que prestan servicio público urbano de transporte por autobús a Zakon o prevozih v cestnem prometu (Uradni list RS, 72/94, 54/96, 48/98 in 65/99).

| Mat. St. | Naziv | Pońtna St. | Kraj | | --- | --- | --- | --- | | 1540564 | AVTOBUSNI PREVOZI RIŅANA D.O.O. Dekani | 6271 | DEKANI | | 5065011 1 | . AVTOBUSNI PROMET Murska Sobota D.D. | 9000 | MURSKA SOBOTA | | 5097053 | Alpetour Potovalna Agencija | 4000 | Kranj | | 5097061 | 2. ALPETOUR, Ńpedicija In Transport, D.D. Ńkofja Loka | 4220 | ŃKOFJA LOKA | | 5107717 | INTEGRAL BREBUS Breņice D.O.O. | 8250 | BREŅICE | | 5143233 | IZLETNIK CELJE D.D. Prometno In Turistično Podjetje Celje | 3000 | CELJE | | 5143373 | AVRIGO DRUŅBA ZA AVTOBUSNI PROMET IN TURIZEM D.D. NOVA GORICA | 5000 | NOVA GORICA | | 5222966 | JAVNO PODJETJE LJUBLJANSKI POTNIŃKI PROMET D.O.O. | 1000 | LJUBLJANA | | 5263433 | CERTUS AVTOBUSNI PROMET MARIBOR D.D. | 2000 | MARIBOR | | 5352657 | I & I - Avtobusni Prevozi D.D. Koper | 6000 | KOPER - CAPODISTRIA | | 5357845 | Meteor Cerklje | 4207 | Cerklje | | 5410711 3. | KORATUR Avtobusni Promet In Turizem D.D. Prevalje | 2391 | PREVALJE | | 5465486 | INTEGRAL, Avto. Promet Trņič, D.D. | 4290 | TRŅIČ | | 5544378 | KAM-BUS Druņba Za Prevoz Potnikov, Turizem In Vzdrņevanje Vozil, D.D. Kamnik | 1241 | KAMNIK | | 5880190 | MPOV Storitve In Trgovina D.O.O. Vinica | 8344 | VINICA Mat. Ńt. Naziv Pońtna Ńt. Kraj | | 1540564 | AVTOBUSNI PREVOZI RIŅANA D.O.O. Dekani | 6271 | DEKANI | | 5065011 1. | AVTOBUSNI PROMET Murska Sobota D.D. | 9000 | MURSKA SOBOTA | | 5097053 | Alpetour Potovalna Agencija | 4000 | Kranj | | 5097061 2. | ALPETOUR, Ńpedicija In Transport, D.D. Ńkofja Loka | 4220 | ŃKOFJA LOKA | | 5107717 | INTEGRAL BREBUS Breņice D.O.O. | 8250 | BREŅICE | | 5143233 | IZLETNIK CELJE D.D. Prometno In Turistično Podjetje Celje | 3000 | CELJE | | 5143373 | AVRIGO DRUŅBA ZA AVTOBUSNI PROMET IN TURIZEM D.D. NOVA GORICA | 5000 | NOVA GORICA | | 5222966 | JAVNO PODJETJE LJUBLJANSKI POTNIŃKI PROMET D.O.O. | 1000 | LJUBLJANA | | 5263433 | CERTUS AVTOBUSNI PROMET MARIBOR D.D. | 2000 | MARIBOR | | 5352657 | I & I - Avtobusni Prevozi D.D. Koper | 6000 | KOPER - CAPODISTRIA | | 5357845 | Meteor Cerklje | 4207 | Cerklje | | 5410711 3. | KORATUR Avtobusni Promet In Turizem D.D. Prevalje | 2391 | PREVALJE | | 5465486 | INTEGRAL, Avto. Promet Trņič, D.D | 4290 | TRŅIČ | | 5544378 | KAM-BUS Druņba Za Prevoz Potnikov, Turizem In Vzdrņevanje Vozil, D.D. Kamnik | 1241 | KAMNIK | | 5880190 | MPOV Storitve In Trgovina D.O.O. Vinica | 8344 | VINICA | Eslovaquia - Transportistas que operan, sobre la base de una licencia, transporte público de pasajeros en tranvía, trolebús, especial o por cable de conformidad con el artículo 23 de la ley nº 164/1996 Coll. con la redacción de las leyes nº 58/1997 Coll., nº 260/2001 Coll., nº 416/2001 Coll. y nº 114/2004 Coll.

- Transportistas que operan transporte por autobús local regular para el público en el territorio de Eslovaquia, o en parte del territorio de un estado extranjero también, o en determinada parte del territorio de Eslovaquia sobre la base de un permiso para operar el transporte de autobús sobre la base del permiso de transporte para la ruta específica, que es otorgado de conformidad con la ley nº 168/1996 Coll. en la redacción de las leyes nº 386/1996 Coll., nº 58/1997 Coll., nº 340/2000 Coll., nº 416/2001 Coll., nº 506/2002 Coll., nº 534/2003 Coll. y nº 114/2004 Coll.

Por ejemplo:

- Dopravný podnik Bratislava, a.s.

- Dopravný podnik mesta Końice, a.s.

- Dopravný podnik mesta Preńov, a.s.

- Dopravný podnik mesta Ņilina, a.s.

Finlandia Entidades que prestan servicios de transporte regular en autobuses bajo un permiso especial o exclusivo de conformidad con la Laki luvanvaraisesta henkilöliikenteestä tiellä/ lagen om tillståndspliktig persontrafik på väg (343/1991) y autoridades municipales de transporte y empresas públicas que prestan servicios de trasporte por autobús, tren o tren subterráneo, o mantienen una red con el propósito de proveer dichos servicios de transporte.

Suecia - Entidades que operan servicios ferroviarios o de tranvía de conformidad con la Lagen (1997:734) om ansvar för viss kollektiv persontrafik y lagen (1990:1157) säkerhet vid tunnelbana och spårväg.

- Entidades públicas o privadas que prestan servicio de trolebús o autobús de conformidad con la Lagen (1997:734) om ansvar för viss kollektiv persontrafik y yrkestrafiklagen (1998:490).

Reino Unido - London Regional Transport - London Underground Limited - Transport for London - Una subsidaria del Transport for London dentro del ámbito de la sección 424(1) de la Greater London Authority Act 1999 - Strathclyde Passenger Transport Executive - Greater Manchester Passenger Transport Executive - Tyne and Wear Passenger Transport Executive - Brighton Borough Council - South Yorkshire Passenger Transport Executive - South Yorkshire Supertram Limited - Blackpool Transport Services Limited - Conwy County Borough Council - Una persona que provee un servicio local en Londres definido en la sección 179(1) de la Greater London Authority Act 1999 (un servicio de autobús) de conformidad con un acuerdo suscrito por Transport for London bajo la sección 156(2) de esa Ley o de conformidad con un acuerdo de transporte subsidiario definido por la sección 169 de esa Ley - Northern Ireland Transport Holding Company - Una persona que posee una licencia de servicio por vía terrestre bajo la sección 4(1) de la Transport Act (Northern Irland) 1967 que le autoriza a prestar servicio regular dentro del ámbito de la licencia.

IV. PUERTOS MARÍTIMOS O FLUVIALES U OTRAS TERMINALES

Bélgica - Gemeentelijk Havenbedrijf van Antwerpen - Havenbedrijf van Gent - Maatschappij der Brugse Zeevaartinrichtigen - Port autonome de Charleroi - Port autonome de Namur - Port autonome de Liège - Port autonome du Centre et de l'Ouest - Société régionale du Port de Bruxelles/Gewestelijke Vennootschap van de Haven van Brussel - Waterwegen en Zeekanaal - De Scheepvaart Bulgaria ДП "Пристанищна инфраструктура" Entidades que, mediante derechos especiales o exclusivos, explotan puertos de transporte público de importancia nacional o partes de los mismos, relacionadas en el anexo 1 del artículo 103a de la Закона за морските пространства, вътрешните водни пътища и пристанищата на Република България (обн., ДВ, бр.12/11.02.2000):

- "Пристанище Варна" ЕАД - "Порт Балчик" АД - "БМ Порт" АД - "Пристанище Бургас" ЕАД - "Пристанищен комплекс - Русе" ЕАД - "Пристанищен комплекс - Лом" ЕАД - "Пристанище Видин" ЕООД - "Драгажен флот - Истър" АД - "Дунавски индустриален парк" АД Entidades que, mediante derechos especiales o exclusivos, explotan puertos de transporte público de importancia nacional o partes de los mismos, relacionadas en el anexo 2 del artículo 103a de la Закона за морските пространства, вътрешните водни пътища и пристанищата на Република България (обн., ДВ, бр.12/11.02.2000):

- "Фиш Порт" АД - Кораборемонтен завод "Порт - Бургас" АД - "Либърти металс груп" АД - "Трансстрой - Бургас" АД - "Одесос ПБМ" АД - "Поддържане чистотата на морските води" АД - "Поларис 8" ООД - "Лесил" АД - "Ромпетрол - България" АД - "Булмаркет - ДМ" ООД - "Свободна зона - Русе" ЕАД - "Дунавски драгажен флот" - АД - "Нарен" ООД - "ТЕЦ Свилоза" АД - НЕК ЕАД - клон "АЕЦ - Белене" - "Нафтекс Петрол" ЕООД - "Фериботен комплекс" АД - "Дунавски драгажен флот Дуним" АД - "ОМВ България" ЕООД - СО МАТ АД - клон Видин - "Свободна зона - Видин" ЕАД - "Дунавски драгажен флот Видин" - "Дунав турс" АД - "Меком" ООД - "Дубъл Ве Ко" ЕООД República Checa Todas las autoridades contratantes en los sectores que explotan una determinada área geográfica para el propósito de la prestación y operación de puertos marítimos o fluviales u otras terminales de transporte aéreo, marítimo o fluvial (regulados por la sección 4, apartado 1, letra i) de la Ley nº 137/2006 Coll. de Contratos Públicos, modificada).

Ejemplos de autoridades contratantes:

- České přístavy, a.s.

Dinamarca - Puertos definidos en el artículo 1 de la Lov om havne, ver Act nº 326 of 28 May 1999 Alemania - Puertos marítimos propiedad total o parcial de las autoridades territoriales (Länder, Kreise Gemeinden).

- Puertos fluviales sometidos a la Hafenordnung de conformidad con las Wassergesetze de los estados federados Estonia - Entidades sometidas al artículo 10, apartado 3, de la Ley de Contratación Pública (RT I 21.02.2007, 15, 76) y al artículo 14 de la Ley de Competencia (RT I 2001, 56 332):

- AS Saarte Liinid; - AS Tallinna Sadam Irlanda - Puertos que operan de conformidad con las Harbours Acts 1946 a 2000 - Puerto de Rosslare Harbour que opera de conformidad con las Fishguard and Rosslare Railways and Harbours Acts 1899 Grecia - 'Οξγƀληƃκόο Ληκέλνο Βόινπ Αλώλπκε ΔƄƀηξƂίƀ' ('Ο.Λ.Β. Α.Δ.'), de conformidad con la Ley nº 2932/01 - 'Οξγƀληƃκόο Ληκέλνο ΔιƂπƃίλƀο Αλώλπκε ΔƄƀηξƂίƀ' ('Ο.Λ.Δ. Α.Δ.'), de conformidad con la Ley nº2932/01 - 'Οξγƀληƃκόο Ληκέλνο ΗγνπκƂλίƄƃƀο Αλώλπκε ΔƄƀηξƂίƀ' ('Ο.Λ.ΗZ. Α.Δ.'), de conformidad con la Ley nº 2932/01 - 'Οξγƀληƃκόο Ληκέλνο ΗξƀθιƂίνπ Αλώλπκε ΔƄƀηξƂίƀ' ('Ο.Λ.Η. Α.Δ.'), de conformidad con la Ley nº 2932/01 - 'Οξγƀληƃκόο Ληκέλνο Κƀβάιƀο Αλώλπκε ΔƄƀηξƂίƀ' ('Ο.Λ.Κ. Α.Δ.'), de conformidad con la Ley nº 2932/01 - 'Οξγƀληƃκόο Ληκέλνο Κέξθπξƀο Αλώλπκε ΔƄƀηξƂίƀ' ('Ο.Λ.ΚΔ. Α.Δ.'), de conformidad con la Ley nº 2932/01 - 'Οξγƀληƃκόο Ληκέλνο ΠƀƄξώλ Αλώλπκε ΔƄƀηξƂίƀ' ('Ο.Λ.ΠΑ. Α.Δ.'), de conformidad con la Ley nº 2932/01 - 'Οξγƀληƃκόο Ληκέλνο Λƀπξίνπ Αλώλπκε ΔƄƀηξƂίƀ' ('Ο.Λ.Λ. Α.Δ.'), de conformidad con la Ley nº 2932/01 - 'Οξγƀληƃκόο Ληκέλνο Ρƀƅήλƀο Αλώλπκε ΔƄƀηξƂίƀ' ('Ο.Λ.Ρ. Α.Δ'), de conformidad con la Ley nº 2932/01 - (Autoridades portuarias) - Otros puertos, ΓεκνƄηθά θƀη Ννκƀξρηƀθά ΣƀκƂίƀ (Puertos Municipales y de Prefecturas) regidos por Decreto Presidencial nº 649/1977, Ley 2987/02, Decreto Presidencial 362/97 y Ley 2738/99 España - Ente público Puertos del Estado - Autoridad Portuaria de Alicante - Autoridad Portuaria de Almería - Motril - Autoridad Portuaria de Avilés - Autoridad Portuaria de la Bahía de Algeciras - Autoridad Portuaria de la Bahía de Cádiz - Autoridad Portuaria de Baleares - Autoridad Portuaria de Barcelona - Autoridad Portuaria de Bilbao - Autoridad Portuaria de Cartagena - Autoridad Portuaria de Castellón - Autoridad Portuaria de Ceuta - Autoridad Portuaria de Ferrol - San Cibrao - Autoridad Portuaria de Gijón - Autoridad Portuaria de Huelva - Autoridad Portuaria de Las Palmas - Autoridad Portuaria de Málaga - Autoridad Portuaria de Marín y Ría de Pontevedra - Autoridad Portuaria de Melilla - Autoridad Portuaria de Pasajes - Autoridad Portuaria de Santa Cruz de Tenerife - Autoridad Portuaria de Santander - Autoridad Portuaria de Sevilla - Autoridad Portuaria de Tarragona - Autoridad Portuaria de Valencia - Autoridad Portuaria de Vigo - Autoridad Portuaria de Villagarcía de Arousa - Otras autoridades portuarias de las "Comunidades Autónomas" de Andalucía, Asturias, Baleares, Canarias, Cantabria, Cataluña, Galicia, Murcia, País Vasco y Valencia Francia - Port autonome de Paris establecido de conformidad con la Loi n°68-917 relative au port autonome de Paris del 24 de octubre de 1968 - Port autonome de Strasbourg establecido de conformidad con la convention entre l'Etat et la ville de Strasbourg relative à la construction du port rhénan de Strasbourg et à l'exécution de travaux d'extension de ce port del 20 de mayo de 1923, aprobada por Ley del 26 de abril de 1924 - Puertos autónomos que operan de conformidad con los artículos L. 111-1 y siguientes del code des ports maritimes, dotadas de personalidad jurídica:

- Port autonome de Bordeaux - Port autonome de Dunkerque - Port autonome de La Rochelle - Port autonome du Havre - Port autonome de Marseille - Port autonome de Nantes-Saint-Nazaire - Port autonome de Pointe-à-Pitre - Port autonome de Rouen - Puertos sin personalidad jurídica, propiedad del Estados (décret n°2006-330 del 20 de marzo de 2006 fixant la liste des ports des départements d'outre-mer exclus du transfert prévu à l'article 30 de la loi du 13 août 2004 relative aux libertés et responsabilités locales), cuya administración haya sido concedida a las cámaras locales de comercio e industria:

- Port de Fort de France (Martinique) - Port de Dégrad des Cannes (Guyane) - Port-Réunion (île de la Réunion) - Ports de Saint-Pierre et Miquelon - Puertos sin personalidad jurídica cuya propiedad ha sido transferida a las autorices regionales o locales y su administración haya sido concedida a las cámaras locales de comercio e industria (artículo 30 de la Loi n°2004-809 del 13 de agosto de 2004 relative aux libertés et responsabilités locales, modificada por la Loi n°2006-1771 del 30 de diciembre de 2006):

- Port de Calais - Port de Boulogne-sur-Mer - Port de Nice - Port de Bastia - Port de Sète - Port de Lorient - Port de Cannes - Port de Villefranche-sur-Mer - Voies navigables de France, ente público sujeto al artículo 124 de la Loi n°90-1168 del 29 de diciembre de 1990, modificada Italia - Puertos estatales (Porti statali) y otros puertos operados por Capitaneria di Porto de conformidad con el Codice della navigazione, Regio Decreto nº 327 del 30 de marzo de 1942 - Puertos autónomos (enti portuali) establecidos por leyes especiales de conformidad con el artículo 19 del Codice della navigazione, Regio Decreto nº 327 del 30 de marzo de 1942 Chipre Η Αξρή Ληκέλωλ Κύπξνπ creado por la πƂξί Αξρήο Ληκέλωλ Κύπξνπ Νόκν Ƅνπ 1973.

Letonia Autoridades, que regulan puertos de conformidad con la ley "Likumu par ostām":

- Rīgas brīvostas pārvalde - Ventspils brīvostas pārvalde - Liepājas speciālas ekonomiskās zona pārvalde - Salacgrīvas ostas pārvalde - Skultes ostas pārvalde - Lielupes ostas pārvalde - Engures ostas pārvalde - Mērsraga ostas pārvalde - Pāvilostas ostas pārvalde - Rojas ostas pārvalde Otras instituciones contratantes de conformidad con la ley "Par iepirkumu sabiedrisko pakalpojumu sniedzēju vajadzībām" y que operan los puertos de conformidad con la ley "Likumu par ostām".

Lituania - Empresa estatal Klaipėda State Sea Port Administration, sometida a la Ley sobre la Klaipėda State Sea Port Administration de la República de Lituania (Boletín Oficial nº 53-1245, 1996); - Empresa estatal Vidaus vandens kelių direkcija, sometida al Código del transporte por vías fluviales de la República de Lituania (Boletín Oficial nº 105-2393, 1996); - Otras entidades de conformidad con los requerimientos del artículo 70, apartados 1 y 2, de la Ley sobre Contratación Pública de la República de Lituania (Boletín Oficial nº 84-2000, 1996; nº 4-102, 2006) y que funcionan, en el campo de puertos marítimos o fluviales u otras terminales, de conformidad con el Código del transporte por vías fluviales de la República de Lituania).

Luxemburgo - Port de Mertert, establecido y que opera de conformidad con la Loi relative à l'aménagement et à l'exploitation d'un port fluvial sur la Moselle de 22 de julio de 1963, modificada.

Hungría - Puertos que operan de conformidad con los artículos 162-163 de 2003. évi CXXIX. törvény a közbeszerzésekről y 2000. évi XLII. törvény a vízi közlekedésről.

Malta - L-Awtorita' Marittima ta' Malta (Malta Maritime Authority) Países Bajos Entidades contratantes en los campos de puertos marítimos, puertos fluviales, otras terminales u otro equipamiento de terminales. Por ejemplo:

- Havenbedrijf Rotterdam Austria - Puerto fluviales propiedad total o parcial de estados federados o municipalidades.

Polonia Entidades establecidas sobre la base de la Ustawa z dnia 20 grudnia 1996 r. o portach i przystaniach morskich, entre otras:

- Zarząd Morskiego Portu Gdańsk S.A, - Zarząd Morskiego Portu Gdynia S.A.

- Zarząd Portów Morskich Szczecin i Świnoujście S.A.

- Zarząd Portu Morskiego Darłowo Sp. z o.o.

- Zarząd Portu Morskiego Elbląg Sp. z o.o.

- Zarząd Portu Morskiego Kołobrzeg Sp. z o.o.

- Przedsiębiorstwo Państwowe Polska Żegluga Morska Portugal - APDL - Administração dos Portos do Douro e Leixões, S.A., de conformidad con el Decreto-Lei nº 335/98 do 3 de Novembro 1998.

- APL - Administração do Porto de Lisboa, S.A., de conformidad con el Decreto-Lei nº 336/98 do 3 de Novembro 1998.

- APS - Administração do Porto de Sines, S.A., de conformidad con el Decreto-Lei nº 337/98 do 3 de Novembro 1998.

- APSS - Administração dos Portos de Setúbal e Sesimbra, S.A., de conformidad com el Decreto-Lei nº 338/98 do 3 de Novembro 1998.

- APA - Administração do Porto de Aveiro, S.A., de conformidad con el Decreto-Lei nº 339/98 do 3 de Novembro 1998.

- Instituto Portuário dos Transportes Marítimos, I.P. (IPTM, I.P.), de conformidad com el Decreto-Lei nº 146/2007, do 27 de Abril 2007.

Rumanía - Compania Naţională "Administraţia Porturilor Maritime" SA Constanţa - Compania Naţională "Administraţia Canalelor Navigabile SA" - Compania Naţională de Radiocomunicaţii Navale "RADIONAV" SA - Regia Autonomă "Administraţia Fluvială a Dunării de Jos" - Compania Naţională "Administraţia Porturilor Dunării Maritime" - Compania Naţională "Administraţia Porturilor Dunării Fluviale" SA - Porturile: Sulina, Brăila, Zimnicea şi Turnul-Măgurele Eslovenia Puertos marítimos propiedad total o parcial del Estado que prestan un servicio público económico de conformidad con Pomorski Zakonik (Uradni list RS, 56/99). Mat. Ńt. Naziv Pońtna Ńt. Kraj

Mat. St.NazivPońtna Ńt.Kraj
5144353LUKA KOPER D.D.6000KOPER - CAPODISTRIA
5655170Sirio d.o.o.6000KOPER

Eslovaquia Entidades que operan puertos fluviales no públicos para transporte de mercancías por autorización concedida por una autoridad estatal o entidades establecidas por una autoridad estatal para operar puertos públicos en ríos de conformidad con la ley nº 338/2000 Coll. según la redacción de las leyes nº 57/2001 Coll. y nº 580/2003 Coll.

Finlandia - Puertos que operan de conformidad con la Laki kunnallisista satamajärjestyksistä ja liikennemaksuista/lagen om kommunala hamnanordningar och trafikavgifter (955/1976) y puertos establecidos por licencia según la sección 3 de laki yksityisistä yleisistä satamista/lagen om privata allmänna hamnar (1156/1994).

- Saimaan kanavan hoitokunta/Förvaltningsnämnden för Saima kanal.

Suecia Puertos y terminales de acuerdo con la Lagen (1983:293) om inrättande, utvidgning och avlysning av allmän farled och allmän hamn and förordningen (1983:744) om trafiken på Göta kanal Reino Unido - Una autoridad local que explota un área geográfica para propósito de proveer puertos marítimos o fluviales u otras terminales a los transportistas por mar o vías navegables internas - Una autoridad portuaria en el sentido de la sección 57 de la Harbours Act 1964 - British Waterways Board - Una autoridad portuaria definida por la sección 38(1) de la Harbours Act (Northern Ireland) 1970

V. INSTALACIONES DE AEROPUERTOS

Bélgica - Brussels International Airport Company - Belgocontrol - Luchthaven Antwerpen - Internationale Luchthaven Oostende-Brugge - Société Wallonne des Aéroports - Brussels South Charleroi Airport - Liège Airport Bulgaria Главна дирекция "Гражданска въздухоплавателна администрация" ДП "Ръководство на въздушното движение" Operadores de los aeropuertos civiles de uso público que determine el Consejo de Ministros de acuerdo con el artículo 43, apartado 3, de la Закона на гражданското въздухоплаване (обн., ДВ, бр.94/01.12.1972):

- "Летище София" ЕАД - "Фрапорт Туин Стар Еърпорт Мениджмънт" АД - "Летище Пловдив" ЕАД - "Летище Русе" ЕООД - "Летище Горна Оряховица" ЕАД República Checa Todas las autoridades contratantes en los sectores que explotan aéreas geográficas específicas para el propósito de suministro y operación de aeropuertos (regulados por la sección 4, apartado 1, letra i), de la ley nº 137/2006 Coll. sobre contratos públicos, modificada).

Ejemplos de autoridades contratantes:

- Česká správa letińť, s.p.

- Letińtě Karlovy Vary s.r.o.

- Letińtě Ostrava, a.s.

- Správa Letińtě Praha, s. p.

Dinamarca - Aeropuertos que operan sobre la base de una autorización de conformidad con el artículo 55, apartado 1, de la Lov om luftfart, ver Ley de Consolidación nº 731 de 21 de junio de 2007.

Alemania - Aeropuertos según la definición del artículo 38, apartado 2, apartado 1, de la Luftverkehrs-Zulassungs-Ordnung del 19 de junio 1964, modificada el 5 de enero de 2007.

Estonia - Entidades sometidas al artículo 10, apartado 3, de la Ley de Contratación Pública (RT I 21.02.2007, 15, 76) y al artículo 14 de la Ley de Competencia (RT I 2001, 56 332) - AS Tallinna Lennujaam - Tallinn Airport GH AS Irlanda - Aeropuertos de Dublin, Cork y Shannon operados por Aer Rianta -Irish Airports.

- Aeropuertos que operan sobre la base de una autorización otorgada de conformidad con una licencia pública de uso otorgada de conformidad con la Irish Aviation Authority Act 1993 modificada por Air Navigation and Transport (Amendment) Act, 1998, y en que los servicios aéreos regulares se realizan con aeronaves para el transporte público de pasajeros, correo o carga.

Grecia - 'ΤπεξƂƃίƀ ΠνιηƄηθήο ΑƂξνπνξίƀο' ('ΤΠΑ'), que opera de conformidad con el Decreto Legislativo nº 714/70, modificado por Ley nº 1340/83; la organización de la compañía está establecida por el Decreto Presidencial nº 56/89, modificado ulteriormente.

- La compañía 'ΓηƂζλήο ΑƂξνιηκέλƀο Αζελώλ' en Spata, que opera de conformidad con el Decreto Legislativo nº 2338/95 Κύξωƃε ΢ύκβƀƃεο ΑλάπƄπμεο Ƅνπ Νένπ ΓηƂζλνύο ΑƂξνƁξνκίνπ Ƅεο Αζήλƀο ƃƄƀ ΢πάƄƀ, 'ίƁξπƃε Ƅεο ƂƄƀηξƂίƀο 'ΓηƂζλήο ΑƂξνιηκέλƀο Αζελώλ Α.Δ.' έγθξηƃε πƂξηβƀιινλƄηθώλ όξωλ θƀη άιιƂο ƁηƀƄάμƂηο').

- 'ſνξƂίο ΓηƀρƂίξηƃεο' de conformidad con el Decreto Presidencial nº 158/02 'ΊƁξπƃε, θƀƄƀƃθƂπή, Ƃμνπιηƃκόο, νξγάλωƃε, Ɓηνίθεƃε, ιƂηƄνπξγίƀ θƀη ƂθκƂ- ƄάιιƂπƃε πνιηƄηθώλ ƀƂξνιηκέλωλ ƀπό ƅπƃηθά πξόƃωπƀ, λνκηθά πξόƃωπƀ ηƁηωƄηθνύ Ɓηθƀίνπ θƀη Οξγƀληƃκνύο Σνπηθήο ΑπƄνƁηνίθεƃεο' (Boletín Oficial de Grecia Α 137) España - Ente público Aeropuertos Españoles y Navegación Aérea (AENA) Francia - Aeropuertos gestionados por compañías de propiedad estatal de conformidad con los artículos L.251-1, L.260-1 y L.270-1 del Code de l'aviation civile.

- Aeropuertos gestionados sobre la base de una concesión otorgada por el Estado de conformidad con el artículo R.223-2 del Code de l'aviation civile.

- Aeropuertos gestionados de conformidad con un arrêté préfectoral portant autorisation d'occupation temporaire.

- Aeropuertos establecidos por una autoridad pública que están sujetos a convención según lo establecido en el artículo L.221-1 del Code de l'aviation civile.

- Aeropuertos cuya propiedad ha sido transferida a las autoridades regionales o locales o a un grupo de estas de conformidad con la Loi n°2004-809 del 13 de agosto de 2004 relative aux libertés et responsabilités locales, particularmente su artículo 28:

- Aérodrome d'Ajaccio Campo-dell'Oro - Aérodrome d'Avignon - Aérodrome de Bastia-Poretta - Aérodrome de Beauvais-Tillé - Aérodrome de Bergerac-Roumanière - Aérodrome de Biarritz-Anglet-Bayonne - Aérodrome de Brest Bretagne - Aérodrome de Calvi-Sainte-Catherine - Aérodrome de Carcassonne en Pays Cathare - Aérodrome de Dinard-Pleurthuit-Saint-Malo - Aérodrome de Figari-Sud Corse - Aérodrome de Lille-Lesquin - Aérodrome de Metz-Nancy-Lorraine - Aérodrome de Pau-Pyrénées - Aérodrome de Perpignan-Rivesaltes - Aérodrome de Poitiers-Biard - Aérodrome de Rennes-Saint-Jacques - Aeropuertos civiles de propiedad estatal cuya gestión ha sido concedida a la Chambre de commerce et d'industrie (artículo 7 de la Loi n°2005-357 de 21 de abril de 2005 relative aux aéroports y Décret n°2007-444 de 23 de febrero de 2007 relatif aux aérodromes appartenant à l'Etat).

- Aérodrome de Marseille-Provence - Aérodrome d'Aix-les-Milles et Marignane-Berre - Aérodrome de Nice Côte-d'Azur et Cannes-Mandelieu - Aérodrome de Strasbourg-Entzheim - Aérodrome de Fort-de France-le Lamentin - Aérodrome de Pointe-à-Pitre-le Raizet - Aérodrome de Saint-Denis-Gillot - Otros aeropuertos civiles propiedad del Estado excluidos de la transferencia a autoridades regionales y locales de conformidad con el Decreto n° 2005-1070 del 24 de agosto de 2005, modificado:

- Aérodrome de Saint-Pierre Pointe Blanche - Aérodrome de Nantes Atlantique et Saint-Nazaire-Montoir - Aéroports de Paris (Loi n°2005-357 del 20 de abril de 2005 y Décret n°2005-828 del 20 de julio de 2005) Italia - A partir del 1 de enero de 1996, Decreto Legislativo nº 497 del 25 de noviembre 1995, relativo alla trasformazione dell'Azienda autonoma di assistenza al volo per il traffico aereo generale in ente pubblico economico, denominato ENAV, Ente nazionale di assistenza al volo, reconducido en varias ocasiones y subsecuentemente transformado en ley, Legge nº 665 del 21 de diciembre de 1996 ha asumido finalmente la transformación de la entidad en una compañía societaria (S.p.A) a partir del 1 de enero de 2001.

- Entidades gestoras regidas por leyes especiales.

- Entidades que operan instalaciones aeroportuarias sobre la base de una concesión otorgada de conformidad con el artículo 694 del Codice della navigazione, Regio Decreto nº 327 del 30 de marzo de 1942.

- Entidades aeroportuarias, incluidas las gestoras SEA (Milán) y ADR (Fiumicino).

Chipre Letonia - Valsts akciju sabiedrība "Latvijas gaisa satiksme" - Valsts akciju sabiedrība "Starptautiskā lidosta "Rīga"" - SIA "Aviasabiedrība "Liepāja"" Lituania - State Enterprise Vilnius International Airport - State Enterprise Kaunas Airport - State Enterprise Palanga International Airport - State Enterprise "Oro navigacija" - Municipal Enterprise "Ńiaulių oro uostas" - Otras entidades en cumplimiento de los requerimientos del artículo 70 (1, 2) de la Ley de Contratación Pública de la República de Lituania (Boletín Oficial nº 84-2000, 1996; nº 4-102, 2006) y que operan en el campo de las instalaciones aeroportuarias de conformidad con la Ley de Aviación de la República de Lituania (Boletín Oficial nº 94-2918, 2000).

Luxemburgo - Aéroport du Findel.

Hungría - Aeropuertos gestionados de conformidad con los artículos 162-163 a 2003. évi CXXIX. törvény a közbeszerzésekről and 1995. évi XCVII. törvény a légiközlekedésről.

- Budapest Ferihegy Nemzetközi Repülőtér gestionado por Budapest Airport Rt. Sobre la base de 1995. évi XCVII. törvény a légiközlekedésről y 83/2006. (XII. 13.) GKM rendelet a légiforgalmi irányító szolgálatot ellátó és a légiforgalmi szakszemélyzet képzését végző szervezetről.

Malta - L-Ajruport Internazzjonali ta' Malta (Malta International Airport) Países Bajos Aeropuertos que funcionan de conformidad con los artículos 18 y siguientes de Luchtvaartwet. Por ejemplo:

- Luchthaven Schiphol Austria - Entidades autorizadas para proveer servicios aeroportuarios de conformidad con las Luftfahrtgesetz, BGBl. 253/1957, modificada.

Polonia - Empresa pública "Porty Lotnicze", que opera sobre la base de la Ustawa z dnia 23 października l987 r. o przedsiębiorstwie państwowym "Porty Lotnicze" - Port Lotniczy Bydgoszcz S.A.

- Port Lotniczy Gdańsk Sp. z o.o.

- Górnośląskie Towarzystwo Lotnicze S.A. Międzynarodowy Port Lotniczy Katowice - Międzynarodowy Port Lotniczy im. Jana Pawła II Kraków - Balice Sp. z o.o.

- Lotnisko Łódź Lublinek Sp. z o.o.

- Port Lotniczy Poznań - Ławica Sp. z o.o.

- Port Lotniczy Szczecin - Goleniów Sp. z o.o.

- Port Lotniczy Wrocław S.A.

- Port Lotniczy im. Fryderyka Chopina w Warszawie - Port Lotniczy Rzeszów - Jasionka - Porty Lotnicze "Mazury- Szczytno" Sp. z o.o. w Szczytnie - Port Lotniczy Zielona Góra - Babimost Portugal - ANA - Aeroportos de Portugal, S.A., establecida de conformidad con el Decreto-Lei No 404/98 do 18 de Dezembro 1998 - NAV - Empresa Pública de Navegação Aérea de Portugal, E. P., establecida de conformidad con el Decreto-Lei No 404/98 do 18 de Dezembro 1998 - ANAM - Aeroportos e Navegação Aérea da Madeira, S. A., establecido de conformidad con el Decreto-Lei nº 453/91 do 11 de Dezembro 1991.

Rumanía - Compania Naţională "Aeroporturi Bucureşti" SA - Societatea Naţională "Aeroportul Internaţional Mihail Kogălniceanu-Constanţa" - Societatea Naţională "Aeroportul Internaţional Timişoara-Traian Vuia"-SA - Regia Autonomă "Administraţia Română a Serviciilor de Trafic Aerian ROMAT SA - Aeroporturile aflate în subordinea Consiliilor Locale - SC Aeroportul Arad SA - Regia Autonomă Aeroportul Bacău - Regia Autonomă Aeroportul Baia Mare - Regia Autonomă Aeroportul Cluj Napoca - Regia Autonomă Aeroportul Internaţional Craiova - Regia Autonomă Aeroportul Iaşi - Regia Autonomă Aeroportul Oradea - Regia Autonomă Aeroportul Satu-Mare - Regia Autonomă Aeroportul Sibiu - Regia Autonomă Aeroportul Suceava - Regia Autonomă Aeroportul Târgu Mureş - Regia Autonomă Aeroportul Tulcea - Regia Autonomă Aeroportul Caransebeş Eslovenia Aeropuertos públicos civiles que operan de conformidad con la Zakon o letalstvu (Uradnilist RS, 18/01)

Mat. St.NazivPońtna Ńt.Kraj
15894234. Letalski Center Cerklje Ob Krki8263Cerklje Ob Krki
1913301Kontrola Zračnega Prometa D.O.O.1000Ljubljana
5142768Aerodrom Ljubljana D.D.4210Brnik-Aerodrom
5500494Aerodrom Portoroņ, D.O.O6333Sečovlje - Sicciole

Eslovaquia Entidades que operan aeropuertos sobre la base del consentimiento otorgado por la autoridad estatal y entidades que ofrecen servicios de telecomunicaciones aéreas de conformidad con la ley nº 143/1998 Coll. según la redacción de las leyes nº 57/2001 Coll., nº 37/2002 Coll., nº 136/2004 Coll. y nº 544/2004 Coll.

Por ejemplo:

- Letisko M. R. Ńtefánika, a.s., Bratislava - Letisko Poprad - Tatry, a.s.

- Letisko Końice, a.s.

Finlandia Aeropuertos gestionados por "Ilmailulaitos Finavia/Luftfartsverket Finavia", o por una empresa municipal o una empresa pública de conformidad con la Ilmailulaki/luftfartslagen (1242/2005) y la Laki Ilmailulaitoksesta/lag om Luftfartsverket (1245/2005).

Suecia - Aeropuertos de propiedad pública gestionados de conformidad con las luftfartslagen (1957:297) - Aeropuertos de propiedad privada y gestionados con una licencia de operación en virtud de esta ley, cuando la licencia corresponde al criterio del artículo 2, apartado 3, de la Directiva.

Reino Unido - Una autoridad local que explota un área geográfica para el propósito de prestar servicios aeroportuarios o de otros servicios de terminal a transportistas aéreos.

- Un operador de aeropuertos dentro del ámbito de la Airports Act 1986 que gestiona un aeropuerto sujeto a la regulación económica bajo la parte IV de dicha ley.

- Highland and Islands Airports Limited - Un operador de aeropuerto dentro del ámbito de la Airports (Northern Ireland) Order 1994 - BAA Ltd.

VI. SERVICIOS DE FERROCARRIL

Bélgica - SNCB Holding/NMBS Holding - Société nationale des Chemins de fer belges//Nationale Maatschappij der Belgische Spoorwegen - Infrabel Bulgaria - Национална компания 'Железопътна инфраструктура' - 'Български държавни железници' ЕАД - 'БДЖ - Пътнически превози' ЕООД - 'БДЖ - Тягов подвижен състав (Локомотиви)' ЕООД - 'БДЖ - Товарни превози' ЕООД - 'Българска Железопътна Компания' АД - 'Булмаркет - ДМ' ООД República Checa Todas las entidades contratantes en los sectores que prestan servicios en el campo de servicios ferroviarios definidos en la sección 4, apartado 1, letra f), de la ley nº 137/2006 Coll. sobre contratos públicos, modificada.

Ejemplos de autoridades contratantes:

- ČD Cargo, a.s.

- České dráhy, a.s - Správa ņelezniční dopravní cesty, státní organizace Dinamarca - DSB - DSB S-tog A/S - Metroselskabet I/S Alemania - Deutsche Bahn AG - Otras empresas que prestan servicios ferroviarios al público de conformidad con el artículo 2, apartado 1, de la Allgemeines Eisenbahngesetz de 27 de diciembre de 1993, modificada el 26 de febrero de 2008.

Estonia - Entidades que operan de conformidad con el artículo 10, apartado 3, de la Ley de Contratación Pública (RT I 21.2.2007, 15, 76) y el artículo 14 de la Ley de Competencia (RT I 2001, 56 332).

- AS Eesti Raudtee - AS Elektriraudtee Irlanda - Iarnród Éireann [Irish Rail] - Railway Procurement Agency Grecia - 'Oξγƀληƃκόο ΢ηƁεξνƁξόκωλ ΔιιάƁνο Α.Δ.' ('Ο.΢.Δ. Α.Δ.'), de conformidad con la Ley nº 2671/98 - 'ΔΡZΟ΢Δ Α.Δ.' de conformidad con la Ley nº 2366/95 España - Ente público Administración de Infraestructuras Ferroviarias (ADIF) - Red Nacional de los Ferrocarriles Españoles (RENFE) - Ferrocarriles de Vía Estrecha (FEVE) - Ferrocarrils de la Generalitat de Catalunya (FGC) - Eusko Trenbideak (Bilbao) - Ferrocarrils de la Generalitat Valenciana. (FGV) - Serveis Ferroviaris de Mallorca (Ferrocarriles de Mallorca) - Ferrocarril de Soller - Funicular de Bulnes Francia - Société nationale des chemins de fer français y otras redes ferroviarias abiertas al público, a las que hace referencia la Loi d'orientation des transports intérieurs nº 82- 1153 del 30 de diciembre de 1982, título II, Capítulo 1.

- Réseau ferré de France, empresa estatal creada por la Ley nº 97-135 de 13 de febrero de 1997.

Italia - Ferrovie dello Stato S. p. A.incluida la Società partecipate - Entidades, compañías y empresas que prestan servicios ferroviarios sobre la base de una concesión de conformidad con el artículo 10 del Real Decreto nº 1447 del 9 de mayo de 1912, aprobando el texto consolidado de las leyes en le ferrovie concesse all'industria privata, le tramvie a trazione meccanica e gli automobili - Entidades, compañías y empresas que prestan servicios ferroviarios sobre la base de una concesión de conformidad con el artículo 14 de la Ley nº 410 del 4 de junio de 1949 - Concorso dello Stato per la riattivazione dei pubblici servizi di trasporto in concessione.

- Entidades, compañías y empresas que prestan servicios ferroviarios o autoridades locales que prestan servicios ferroviarios sobre la base de una concesión de conformidad con el artículo 14 de la Ley 1221 del 2 de agosto de 1952 - Provvedimenti per l'esercizio ed il potenziamento di ferrovie e di altre linee di trasporto in regime di concessione.

- Entidades, compañías y empresas que prestan servicio público de transporte, de conformidad con los artículos 8 y 9 del Decreto legislativo nº 422 del 19 de noviembre de 1997 - Conferimento alle regioni ed agli enti locali di funzioni e compiti in materia di trasporto pubblico locale, a norma dell'articolo 4, comma 4, Della L. 15 marzo 1997, n. 9 - modificado por el Decreto legislativo nº 400 del 20 de septiembre de 1999, y por el artículo 45 de Legge nº 166 del 1 de agosto de 2002.

Chipre Letonia - Valsts akciju sabiedrība 'Latvijas dzelzceļń' - Valsts akciju sabiedrība 'Vaiņodes dzelzceļń' Lituania - Akcinė bendrovė 'Lietuvos geleņinkeliai' - Otras entidades en cumplimiento de los requerimientos del artículo 70, apartados 1 y 2, de la Ley de Contratación Pública de la República de Lituania (Boletín Oficial nº 84-2000, 1996; nº 4-102, 2006) y que operan servicios ferroviarios de conformidad con el Código de Transporte Ferroviario de la República de Lituania (Boletín Oficial nº 72-2489, 2004).

Luxemburgo - Chemins de fer luxembourgeois (CFL) Hungría - Entidades que prestan servicio de transporte ferroviario al público de conformidad con los artículos 162-163 de 2003. évi CXXIX. törvény a közbeszerzésekről y 2005. évi CLXXXIII. törvény a vasúti közlekedésről y sobre la base de una autorización de conformidad con 45/2006. (VII. 11.) GKM rendelet a vasúti társaságok működésének engedélyezéséről.

Por ejemplo:

- Magyar Államvasutak (MÁV) Malta Países Bajos - Entidades contratantes en el campo de servicios ferroviarios. Por ejemplo:

- Nederlandse Spoorwegen - ProRail Austria - Österreichische Bundesbahn - Schieneninfrastrukturfinanzierungs-Gesellschaft mbH sowie - Entidades autorizadas para proveer servicios aeroportuarios de conformidad con la Luftfahrtgesetz, BGBl. 60/1957, modificada.

Polonia - Entidades que prestan servicios de transporte ferroviario, operando sobre la base de la Ustawa o komercjalizacji, restrukturyzacji i prywatyzacji przedsiębiorstwa państwowego 'Polskie Koleje Państwowe' z dnia 8 września 2000 r.; incluyendo entre otros:

- PKP Intercity Sp. z o.o.

- PKP Przewozy Regionalne Sp. z o.o.

- PKP Polskie Linie Kolejowe S.A.

- 'Koleje Mazowieckie - KM' Sp. z o.o.

- PKP Szybka Kolej Miejska w Trójmieście Sp. z ν.ν.

- PKP Warszawska Kolej Dojazdowa Sp. z o.o.

Portugal - CP - Caminhos de Ferro de Portugal, E.P., de conformidad con el Decreto-Lei No 109/77 do 23 de Março 1977 - REFER, E.P., de conformidad con el Decreto-Lei No 104/97 do 29 de Abril 1997 - RAVE, S.A., de conformidad con el Decreto-Lei No 323-H/2000 do 19 de Dezembro 2000 - Fertagus, S.A., de conformidad con el Decreto-Lei 78/2005, do 13 de Abril - Autoridades públicas y empresas públicas que proveen servicios ferroviarios de conformidad con la Lei nº 10/90 do 17 de Março 1990.

- Empresas privadas que proveen servicios ferroviarios de conformidad con la Lei nº 10/90 do 17 de Março 1990, cuando tengan derechos especiales o exclusivos.

Rumanía - Compania Naţională Căi Ferate - CFR - Societatea Naţională de Transport Feroviar de Marfă 'CFR - Marfă', - Societatea Naţională de Transport Feroviar de Călători 'CFR - Călători' Eslovenia

Mat. St.NazivPońtna Ńt.KRAJ
5142733Slovenske ņeleznice, d. o. o.1000LJUBLJANA

Eslovaquia - Entidades que operan ferrocarriles y teleféricos e instalaciones relacionadas con estos de conformidad con la ley nº 258/1993 Coll. en la redacción de las leyes nº 152/1997 Coll. and nº 259/2001 Coll.

- Entidades que son transportistas que ofrecen servicio de transporte ferroviario al público bajo la ley nº 164/1996 Coll. en la redacción de las leyes nº 58/1997 Coll., nº 260/2001 Coll., nº 416/2001 Coll. y nº 114/2004 Coll. y sobre la base del decreto gubernamental nº 662 de 7 de julio de 2004.

Por ejemplo:

- Ņeleznice Slovenskej republiky, a.s.

- Ņelezničná spoločnosť Slovensko, a.s.

Finlandia - VR Osakeyhtiö//VR Aktiebolag Suecia - Entidades públicas de servicios ferroviarios de acuerdo con järnvägslagen (2004:519) y järnvägsförordningen (2004:526).

- Entidades públicas regionales y locales que operan comunicaciones ferroviarias regionales o locales de conformidad con la Lagen (1997:734) om ansvar för viss kollektiv persontrafik.

- Entidades privadas que operan servicios ferroviarios de conformidad con autorización otorgada bajo förordningen (1996:734) om statens spåranläggningar, cuando dichas autorizaciones sean conformes con el artículo 2(3) de la Directiva 2004/17/EC.

Reino Unido - Network Rail plc - Eurotunnel plc - Northern Ireland Transport Holding Company - Northern Ireland Railways Company Limited - Proveedores de servicios ferroviarios que operan sobre la base de derechos especiales o exclusivos otorgados por el Department of Transport o cualquier otra autoridad competente.

SERVICIOS CUBIERTOS POR EL TÍTULO V DE LA PARTE IV DEL PRESENTE ACUERDO A. LISTA DE COSTA RICA El título se aplica a todos los servicios contratados por las entidades enumeradas en las secciones A, B y C, sujeto a las notas de las respectivas secciones y la sección F, excepto para los servicios excluidos en esta sección. Todos los servicios cubiertos por esta sección están sujetos a las listas de compromisos sobre establecimiento, suministro transfronterizo de servicios, personal clave y aprendices graduados (titulados en prácticas) y vendedores de servicios comerciales.

El título no se aplica a la contratación de los siguientes servicios, según la clasificación de la Clasificación Central de Productos de las Naciones Unidas 1.0 (CCP versión 1.0):

1. Investigación y Desarrollo División 81, Servicios de Investigación y Desarrollo 2. Administración de instalaciones propiedad del Gobierno (instalaciones administrativas y edificios de servicios, campos aéreos, comunicaciones, e instalaciones de misiles, edificios de educación, edificios de hospitales, edificiosindustriales, edificios residenciales, almacenes, edificios de investigación y desarrollo, otros edificios, autopistas, carreteras, calles, puentes y vías ferroviarias, edificios de generación de energía eléctrica, servicios públicos y otras instalaciones que no son edificios) 3. Manejo y Distribución de Loterías Clase 9692, Servicios de juegos y apuestas 4. Servicios Públicos División 69, Servicios de Distribución de Electricidad; servicios de distribución de agua y gas por medio de tuberías principales División 91, Servicios de administración pública y otros servicios para la comunidad en general; Servicios de seguridad social de afiliación obligatoria División 92, Servicios de Educación (educación pública) División 93, Servicios Sociales y de Salud.

B. LISTA DE EL SALVADOR El título se aplica a todos los servicios contratados por entidades enumeradas en las secciones A, B y C, sujetos a las notas a las respectivas secciones y sección F, excepto por los servicios excluidos en esta sección. Todos los servicios cubiertos por esta sección están sujetos a las listas de compromisos sobre establecimiento, suministro transfronterizo de servicios, personal clave y aprendices graduados(titulados en prácticas) y vendedores de servicios comerciales.

C. LISTA DE GUATEMALA El título se aplica a todos los servicios contratados por las entidades enumeradas en las secciones A, B y C, sujeto a las notas de las respectivas secciones y la sección F, excepto para los servicios excluidos en esta sección. Todos los servicios cubiertos por esta sección están sujetos a las listas de compromisos sobre establecimiento, suministro transfronterizo de servicios, personal clave y aprendices graduados (titulados en prácticas) y vendedores de servicios comerciales.

El título no se aplica a la contratación de los siguientes servicios, según la clasificación de la Clasificación Central de Productos de las Naciones Unidas 1.0 (CCP versión 1.0):

1. Servicios Públicos División 69, Servicios de Distribución de Electricidad; Gas y Agua por tuberías principales.

División 91, Servicios de administración pública y otros servicios para la comunidad en general; Servicios de seguridad social de afiliación obligatoria División 92, Servicios de Educación (educación pública).

División 93, Servicios Sociales y de Salud.

División 94, Servicios de Alcantarillado y Eliminación de Residuos, Saneamiento y otros servicios Ambientales.

2. Servicios Profesionales Individuales (el título no se aplica a las contrataciones de personas, por períodos definidos, que provean un servicio profesional, siempre que dichas contrataciones no sean usadas para evadir las obligaciones de este título).

D. LISTA DE HONDURAS El título se aplica a todos los servicios contratados por entidades enumeradas en las secciones A, B y C, sujetos a las notas a las respectivas secciones y sección F, excepto por los servicios excluidos en esta sección. Todos los servicios cubiertos por esta sección están sujetos a las listas de compromisos sobre establecimiento, suministro transfronterizo de servicios, personal clave y aprendices graduados (titulados en prácticas) y vendedores de servicios comerciales.

El título no se aplica a los siguientes servicios, indicados en el Clasificar Central de Productos de las Naciones Unidas 1.0 (CCP ver. 1.0):

1. CCP 64, Servicios de Transporte Terrestre 2. CCP 66, Servicios de Transporte Aéreo 3. CCP 69, Servicios de Distribución de Electricidad, Gas y Agua por tuberías principales.

E. LISTA DE NICARAGUA El título se aplica a todos los servicios contratados por las entidades enumeradas en las secciones A, B y C, sujeto a las notas de las respectivas secciones y la sección F, excepto para los servicios excluidos en esta sección. Todos los servicios cubiertos por esta sección están sujetos a las listas de compromisos sobre establecimiento, suministro transfronterizo de servicios, personal clave y aprendices graduados (titulados en prácticas) y vendedores de servicios comerciales.

El título no se aplica a la contratación de los siguientes servicios:

Operación de instalaciones propiedad del Gobierno (instalaciones administrativas y edificios de servicios, campos aéreos, comunicaciones, e instalaciones para misiles, edificios de educación, edificios de hospitales, edificios industriales, edificios residenciales, edificios para bodega, instalaciones para investigación y desarrollo, otros edificios, instalaciones para conservación y desarrollo, carreteras, caminos, calles, puentes y vías ferroviarias, instalaciones para la generación de energía eléctrica, servicios públicos y otras instalaciones distintas de edificios).

El título no se aplica a la contratación de los siguientes servicios, clasificados según la Clasificación Central de Productos de las Naciones Unidas 1.0 (CCP ver. 1.0):

Servicios Públicos División 81, Servicios de investigación y desarrollo División 83, Otros servicios profesionales, científicos y técnicos División 69, Servicios de distribución de electricidad, servicios de distribución de gas y agua por tuberías División 91, Servicios de administración pública y otros servicios para la comunidad en general; servicios de seguridad social de afiliación obligatoria División 92, Servicios de Educación (educación pública) División 93, Servicios sociales y de salud División 94, Servicios de alcantarillado y eliminación de residuos, servicios de saneamiento y similares.

F. LISTA DE PANAMÁ El título se aplica a todos los servicios contratados por las entidades enumeradas en las secciones A, B y C, sujeto a las notas de las respectivas secciones y la sección F, excepto para los servicios excluidos en esta sección. Todos los servicios cubiertos por esta Sección están sujetos a las listas de compromisos sobre establecimiento, suministro transfronterizo de servicios, personal clave y aprendices graduados (titulados en prácticas) y vendedores de servicios comerciales.

El título no se aplica a la contratación de los siguientes servicios, según se detalla en la Clasificación Central de Productos de las Naciones Unidas (CCP ver. 1.0):

Código CCP versión 1.0. Descripción 64 Servicios de transporte terrestre.

66 Servicios de transporte aéreo.

6751 Servicios de estación de autobuses.

6781 Servicios de agencias de viajes y organización de viajes en grupo.

68111 Servicios postales: cartas 68112 Servicios postales: paquetes 68113 Servicios de atención al público en correos 68119 Otros servicios postales 6911 Servicios de distribución y transmisión eléctrica 692 Servicios de distribución de agua por tubería 81 Servicios de investigación y desarrollo.

91 Servicios de Administración Pública y otros servicios para la comunidad en general; Servicios de seguridad social de afiliación obligatoria 92 Servicios de Educación 93 Servicios de Salud y Seguridad 9692 Servicios de juegos de azar y apuestas 84 Servicios de telecomunicaciones; servicios de recuperación y suministro de información G. LISTA DE LA PARTE UE De la Lista Universal de Servicios, contenida en el documento MTN.GNS/W/120, se incluyen los siguientes servicios *:

Asunto nº CCP de referencia Servicios de Mantenimiento y Reparación Servicios de transporte terrestre, incluidos los vehículos blindados, y servicios de mensajería, excepto transporte de correo Servicio de transporte aéreo de pasajeros y carga, excepto transporte de correo Transporte de correspondencia por vía terrestre, excepto por ferrocarril, y por vía aérea Servicios de telecomunicaciones Servicios financieros a) Servicios de seguros 812, 814 b) Servicios de banca e inversión*** Servicios de informática y conexos Servicios de contabilidad, auditoria y teneduría de libros Servicios de estudios de mercado y encuestas de opinión pública Servicios de consultoría en administración y servicios conexos Servicios de arquitectura, de ingeniería y servicios integrados de ingeniería; de planificación urbana y de arquitectura paisajística; servicios conexos de consultores en ciencia y tecnología; servicios de ensayos y análisis técnicos Servicios de publicidad Servicios de limpieza de edificios y de gestión de la propiedad Servicios editoriales y de imprenta, a comisión o por contrato Servicios de alcantarillado y eliminación de residuos, saneamiento y servicios similares 6112, 6122, 633, 886 712 (excepto 71235), 7512, 87304 73 (excepto 7321) 71235, 7321 752 ** (excepto 7524, 7525 y 7526) excepto 81 84 862 864 865, 866**** 867 871 874, 82201 a 82206 88442 94 Notas 1. *Excepto servicios que las entidades deban adquirir de otra entidad en razón de un derecho exclusivo establecido por una ley publicada, regulación o disposición administrativa.

2. **Excepto los servicios de telefonía de voz, télex, radiotelefonía, radio búsqueda y comunicación por satélite 3. *** - Excepto la contratación o adquisición de servicios de agencia o depósitos fiscales, liquidación, y administración de servicios para instituciones financieras reguladas o servicios relacionados con la venta, amortización y distribución de deuda pública, incluyendo préstamos y bonos de gobierno, notas y otras seguridades.

- En Suecia, pagos a y de agencias gubernamentales serán transados a través de Swedish Postal Giro System (Postgiro).

4. **** Excepto servicios de arbitraje y conciliación.

SERVICIOS DE CONSTRUCCIÓN A. LISTA DE COSTA RICA El título V de la parte IV del presente Acuerdo aplica a todos los servicios de construcción adquiridos por las entidades enumeradas en las secciones A, B y C, sujeto a las notas de las respectivas secciones y la sección F. Todos los servicios de construcción cubiertos por esta sección están sujetos a las listas de compromisos sobre establecimiento, suministro transfronterizo de servicios, personal clave y aprendices graduados (titulados en prácticas) y vendedores de servicios comerciales.

B. LISTA DE EL SALVADOR El título V de la parte IV del presente Acuerdo aplica a todos los servicios de construcción adquiridos por las entidades enumeradas en las secciones A, B y C, sujeto a las notas de las respectivas secciones y la sección F. Todos los servicios de construcción cubiertos por esta sección están sujetos a las listas de compromisos sobre establecimiento, suministro transfronterizo de servicios, personal clave y aprendices graduados (titulados en prácticas) y vendedores de servicios comerciales.

C. LISTA DE GUATEMALA El título V de la parte IV del presente Acuerdo aplica a todos los servicios de construcción adquiridos por las entidades enumeradas en las Secciones A, B y C, sujeto a las notas de las respectivas secciones y la sección F. Todos los servicios de construcción cubiertos por esta sección están sujetos a las listas de compromisos sobre establecimiento, suministro transfronterizo de servicios, personal clave y aprendices graduados (titulados en prácticas) y vendedores de servicios comerciales.

D. LISTA DE HONDURAS El título V de la parte IV del presente Acuerdo aplica a todos los servicios de construcción adquiridos por las entidades enumeradas en las Secciones A, B y C, sujeto a las notas de las respectivas secciones y la sección F. Todos los servicios de construcción cubiertos por esta sección están sujetos a las listas de compromisos sobre establecimiento, suministro transfronterizo de servicios, personal clave y aprendices graduados (titulados en prácticas) y vendedores de servicios comerciales.

E. LISTA DE NICARAGUA El título V de la parte IV del presente Acuerdo aplica a todos los servicios de construcción adquiridos por las entidades enumeradas en las secciones A, B y C, sujeto a las notas de las respectivas secciones y la sección F. Todos los servicios de construcción cubiertos por esta sección están sujetos a las listas de compromisos sobre establecimiento, suministro transfronterizo de servicios, personal clave y aprendices graduados (titulados en prácticas) y vendedores de servicios comerciales.

F. LISTA DE PANAMÁ El título V de la parte IV del presente Acuerdo aplica a todos los servicios de construcción adquiridos por las entidades enumeradas en las Secciones A, B y C, sujeto a las notas de las respectivas secciones y la sección F. Todos los servicios de construcción cubiertos por esta sección están sujetos a las listas de compromisos sobre establecimiento, suministro transfronterizo de servicios, personal clave y aprendices graduados (titulados en prácticas) y vendedores de servicios comerciales.

G. LISTA DE LA PARTE UE Un contrato de servicios de construcción es un contrato que tiene por objeto la realización de obras públicas o la construcción de edificios, sea cual fuere el medio empleado, según la División 51 de la Clasificación Central de Productos.

Lista de la División 51 de la CCP:

Todos los servicios enumerados en la División 51.

| Grupo | Clase | Subclase | Título | Correspondencia del ISCI | | --- | --- | --- | --- | --- | | 511 | | | Obra de preedificación de los terrenos de construcción | | | | 5111 | 51110 | Obra de investigación de campo | 4510 | | | 5112 | 51120 | Trabajo de demolición | 4510 | | | 5113 | 51130 | Obra de limpieza y preparación del terreno | 4510 | | | 5114 | 51140 | Obra de excavación y remoción de tierra | 4510 | | | 5115 | 51150 | Obra de preparación de terreno para la minería | 4510 | | | 5116 | 51160 | Obra de andamiaje | 4520 | | 512 | | | Obras de construcción para edificios | | | | 5121 | 51210 | De una y dos viviendas | 4520 | | | 5122 | 51220 | De múltiples viviendas | 4520 | | | 5123 | 51230 | De almacenes y edificios industriales | 4520 | | | 5124 | 51240 | De edificios comerciales | 4520 | | | 5125 | 51250 | De edificios de entretenimiento público | 4520 | | | 5126 | 51260 | De hoteles, restaurantes y edificios similares | 4520 | | | 5127 | 51270 | De edificios educativo | 4520 | | | 5128 | 51280 | De edificios de salud | 4520 | | | 5129 | 51290 | De otros edificios | 4520 | | 513 | | | Trabajos de construcción de ingeniería civil | | | | 5131 | 51310 | Subclase de carreteras (excepto carreteras elevadas), calles, caminos, vías férreas y pistas de aterrizaje | 4520 | | | 5132 | 51320 | De puentes, carreteras elevadas, túneles y trenes subterráneos | 4520 | | | 5133 | 51330 | De canales, puertos, presas y otros trabajos hidráulicos | 4520 | | | 5134 | 51340 | De tendido de tuberías de larga distancia, de líneas de comunicación y de líneas de electricidad (cableado) | 4520 | | | 5135 | 51350 | De tuberías locales y cableado, trabajos auxiliares | 4520 | | | 5136 | 51360 | De construcciones para minería y manufactura | 4520 | | | 5137 | | De construcciones para deporte y restricción | | | | | 51371 | Para estadios y deportes de tierra | 4520 | | | | 51372 | Para instalaciones deportivas y recreativas (como piscinas, canchas de tenis o campos de golf) | 4520 | | | 5139 | 51390 | De obras de ingeniería no clasificada en otra parte | 4520 | | 514 | 5140 | 51400 | Ensamblaje y edificación de construcciones prefabricadas | 4520 | | 515 | | | Obra de construcción especializada para comercio | | | | 5151 | 51510 | Obra de edificación, incluyendo la instalación de pilotes | 4520 | | | 5152 | 51520 | Perforación de pozos de agua | 4520 | | | 5153 | 51530 | Techado e impermeabilización | 4520 | | | 5154 | 51540 | Obra de concreto | 4520 | | | 5155 | 51550 | Doblaje y edificación de acero (incluyendo soldadura) | 4520 | | | 5156 | 51560 | Obra de albañilería | 4520 | | | 5159 | 51590 | Otras obras de construcción especializadas para el comercio | 4520 | | 516 | | | Obra de instalación | | | | 5161 | 51610 | Obra de calefacción, ventilación y aire acondicionado | 4530 | | | 5162 | 51620 | Obra de plomería hidráulica y de tendido de drenaje | 4530 | | | 5163 | 51630 | Obra para la construcción de conexiones de gas | 4530 | | | 5164 | | Obra eléctrica | | | | | 51641 | Obra de ajuste de cableado eléctrico | 4530 | | | | 51642 | Obra de construcción de alarma contra incendio | 4530 | | | | 51643 | Obra de construcción de alarma contra robo | 4530 | | | | 51644 | Obra de construcción de antena residencial | 4530 | | | | 51649 | Otras obras de construcción eléctrica | 4530 | | | 5165 | 51650 | Obra de aislamiento (cableado eléctrico, agua, calefacción, sonido) | 4530 | | | 5166 | 51660 | Obra de construcción de enrejados y pasamanos | 4530 | | | 5169 | | Otras obras de instalación | | | | | 51691 | Obra de construcción de elevadores y escaleras mecánicas | 4530 | | | | 51699 | Otras obras de instalación no clasificadas en otra parte | 4530 | | 517 | | | Obra de terminación y acabados de edificios | | | | 5171 | 51710 | Obra de sellado e instalación de ventanas de vidrio | 4540 | | | 5172 | 51720 | Obra de enyesado | 4540 | | | 5173 | 51730 | Obra de pintura | 4540 | | | 5174 | 51740 | Obra de embaldosado de pisos y paredes | 4540 | | | 5175 | 51750 | Otras obras de colocación de pisos, cobertura de paredes y tapizado de paredes | 4540 | | | 5176 | 51760 | Obra en madera o metal y carpintería | 4540 | | | 5177 | 51770 | Obra de decoración interior | 4540 | | | 5178 | 51780 | Obra de ornamentación | 4540 | | | 5179 | 51790 | Otras obras de terminación y acabados de edificios | 4540 | | 518 | 5180 | 51800 | Servicios de alquiler relacionados con equipo para construcción o demolición de edificios u obras de ingeniería civil, con operador | 4550 |

NOTAS GENERALES A. LISTA DE COSTA RICA Salvo que se especifique lo contrario, las siguientes notas generales se aplican sin excepción al título V de la parte IV del presente Acuerdo, e incluyen todas las secciones de este apéndice.

1. Uso de listas de proveedores:

Las entidades enumeradas en las Secciones A, B y C de este apéndice podrán utilizar una lista de proveedores, de conformidad con las disposiciones del artículo 215.

2. Licitación restringida:

Las entidades contratantes enumeradas en las secciones A, B y C podrán adjudicar contratos mediante licitación restringida en las siguientes circunstancias, además de las enumeradas en el artículo 220:

  • a)si es estrictamente necesario por causa de acontecimientos imprevistos e inevitables para la entidad contratante, tales como catástrofes naturales, y que involucran un alto grado de interés público tales como la salud y seguridad, debidamente comprobados; b) si estos contratos se refieren a asuntos sensibles relacionados con la seguridad nacional; c) si estos contratos se celebran para obtener asesoría legal urgente en procedimientos legales específicos; d) si estos contratos se refieren a servicios de conciliación y arbitraje, y e) si estos contratos se refieren a la construcción y establecimiento de oficinas gubernamentales localizadas en el extranjero, así como a la contratación de personas naturales extranjeras o a la representación legal en el extranjero.

3. Exclusiones específicas:

  • a)El título V de la parte IV del presente Acuerdo no se aplica a la contratación por una entidad costarricense de una mercancía o servicio obtenido o adquirido de otra entidad costarricense.
  • b)Para un período no mayor de cinco años a partir de la entrada en vigor del presente Acuerdo, las disposiciones del artículo 213, artículo 218, apéndice 4 y apéndice 6, no se aplicarán a las contrataciones adjudicadas bajo convenios marco1.

1 En el sentido del artículo 115 del Decreto Ejecutivo 33411-H de 27 de septiembre de 2006, Reglamento a la Ley de Contratación Administrativa.

  • c)Las disposiciones del apéndice 6 no se aplicarán a las entidades enumeradas en la sección B de este apéndice.
  • d)Cuando las entidades cubiertas en este apéndice requieran que otras personas o entidades que hayan obtenido sus derechos a través de procedimiento de contratación contraten en su nombre, se aplicarán los principios establecidos en el artículo 211 en lugar de las disposiciones específicas del artículo 210, apartado 4. Esta disposición no se aplica a una contratación realizada por una central de adquisiciones en nombre de una entidad cubierta. Esta disposición no se entenderá como un medio para modificar o rectificar la cobertura mutuamente acordada en este Acuerdo entre Costa Rica y la Unión Europea, regulada por las disposiciones del artículo 226.
  • e)El título V de la parte IV del presente Acuerdo no se aplicará a los programas del gobierno a favor de las MIPYME.

4. Ajuste de umbrales:

Cuando el valor del umbral de una contratación cubierta aplicado entre las Repúblicas de la Parte CA sea superior al nivel del umbral correspondiente del título V de la parte IV del presente Acuerdo, las Repúblicas de la Parte CA ajustarán el valor del umbral correspondiente en este título para otorgar a las mercancías, servicios y proveedores de la Parte UE el mismo trato que otorguen a sus propias mercancías, servicios y proveedores. Las Repúblicas de la Parte CA pondrán a disposición de la Parte UE a través del punto regional único de acceso, o notificarán a la Parte UE mediante el comité de asociación, cualquier ajuste realizado de conformidad con este apartado.

Las Repúblicas de la Parte CA convertirán los umbrales de este título a su respectiva moneda nacional cada dos años. Cada ajuste entrará en vigor el 1 de enero, a partir de enero de 2012. Excepto en los casos de El Salvador y de Panamá, la conversión se basará en el tipo de cambio oficial de su banco central, utilizando el promedio de los valores diarios de su moneda en términos del dólar estadounidense, dentro del período de dos años que termina el 30 de septiembre del año precedente a aquel en que se hará efectivo el ajuste realizado por las Repúblicas de la Parte CA.

B. LISTA DE EL SALVADOR Salvo que se especifique lo contrario, las siguientes notas generales se aplican sin excepción al título V de la parte IV del presente Acuerdo, e incluyen todas las secciones de este apéndice.

1. Exclusión específica: el título V de la parte IV del presente Acuerdo no se aplica a la contratación por una entidad salvadoreña de una mercancía o servicio obtenido o adquirido de otra entidad salvadoreña.

2. El título V de la parte IV del presente Acuerdo aplica a todas las mercancías adquiridas por las entidades enumeradas en las secciones de A, B y C de este apéndice, sujeto a las notas de las respectivas secciones y a la Sección F.

3. Las entidades contratantes enumeradas en las Secciones A, B y C podrán utilizar listas de proveedores.

4. Ajuste de umbrales:

Cuando el valor del umbral de una contratación cubierta aplicado entre las Repúblicas de la Parte CA sea superior al nivel del umbral correspondiente del título V de la parte IV del presente Acuerdo, las Repúblicas de la Parte CA ajustarán el valor del umbral correspondiente en este título para otorgar a las mercancías, servicios y proveedores de la Parte UE el mismo trato que otorguen a sus propiasmercancías, servicios y proveedores. Las Repúblicas de la Parte CA pondrán a disposición de la Parte UE a través del punto regional único de acceso, o notificarán a la Parte UE mediante el comité de asociación, cualquier ajuste realizado de conformidad con este apartado.

Las Repúblicas de la Parte CA convertirán los umbrales de este título a su respectiva moneda nacional cada dos años. Cada ajuste entrará en vigor el 1 de enero, a partir de enero de 2012. Excepto en los casos de El Salvador y de Panamá, la conversión se basará en el tipo de cambio oficial de su banco central, utilizando el promedio de los valores diarios de su moneda en términos del dólar estadounidense, dentro del período de dos años que termina el 30 de septiembre del año precedente a aquel en que se hará efectivo el ajuste realizado por las Repúblicas de la Parte CA.

C. LISTA DE GUATEMALA Salvo que se especifique lo contrario, las siguientes notas generales se aplican sin excepción al título V de la parte IV del presente Acuerdo, e incluyen todas las secciones de este apéndice.

1. El título V de la parte IV del presente Acuerdo no se aplicará a la contratación por una entidad guatemalteca de una mercancía o servicio obtenido o adquirido de otra entidad guatemalteca.

2. El título V de la parte IV del presente Acuerdo no se aplica a la adquisición de bancos de materiales destinados a la construcción de obras públicas.

3. El título V de la parte IV del presente Acuerdo no se aplica a las excepciones establecidas en el artículo 44 de la Ley de Contrataciones del Estado, Decreto nº 57- 92 del Congreso de la República de Guatemala y sus modificaciones.

4. Cuando las entidades cubiertas por las secciones A, B y C requieran que otras personas o entidades que han obtenido ese derecho a través de un procedimiento de contratación contraten en su nombre, se aplicarán los principios del título V de la parte IV del presente Acuerdo, incluidos en el artículo 211, en lugar de las disposiciones específicas del artículo 210, apartado 4.

5. Las entidades contratantes enumeradas en las secciones A, B y C podrán adjudicar contratos mediante licitación restringida en las circunstancias siguientes, además de las circunstancias enumeradas en el artículo 220, si estos contratos se celebran para obtener urgentemente asesoría legal en determinados procesos jurídicos o si se refieren a servicios de conciliación y arbitraje.

6. Las entidades contratantes enumeradas en las secciones A, B y C podrán utilizar listas de proveedores.

1. Ajuste de umbrales:

Cuando el valor del umbral de una contratación cubierta aplicado entre lasRepúblicas de la Parte CA sea superior al nivel del umbral correspondiente del título V de la parte IV del presente Acuerdo, las Repúblicas de la Parte CA ajustarán el valor del umbral correspondiente en este título para otorgar a las mercancías, servicios y proveedores de la Parte UE el mismo trato que otorguen a sus propias mercancías, servicios y proveedores. Las Repúblicas de la Parte CA pondrán a disposición de la Parte UE a través del punto regional único de acceso, o notificarán a la Parte UE mediante el comité de asociación, cualquier ajuste realizado de conformidad con este apartado.

Las Repúblicas de la Parte CA convertirán los umbrales de este título a su respectiva moneda nacional cada dos años. Cada ajuste entrará en vigor el 1 de enero, a partir de enero de 2012. Excepto en los casos de El Salvador y de Panamá, la conversión se basará en el tipo de cambio oficial de su banco central, utilizando el promedio de los valores diarios de su moneda en términos del dólar estadounidense, dentro del período de dos años que termina el 30 de septiembre del año precedente a aquel en que se hará efectivo el ajuste realizado por las Repúblicas de la Parte CA.

D. LISTA DE HONDURAS Salvo que se especifique lo contrario, las siguientes notas generales se aplican sin excepción al título V de la parte IV del presente Acuerdo, e incluyen todas las secciones de este apéndice.

1. El título V de la parte IV del presente Acuerdo tendrá efecto entre la Unión Europea y Honduras un año después de la entrada en vigor del presente Acuerdo. En los dos años siguientes (esto es, durante el segundo y tercer años siguientes al de la entrada en vigor del presente Acuerdo) será de aplicación el valor del umbral de transición establecido en las correspondientes secciones de este apéndice.

2. El título V de la parte IV del presente Acuerdo no se aplicará a la contratación por una entidad hondureña de una mercancía o servicio obtenido o adquirido de otra entidad hondureña.

3. Ajuste de umbrales:

Cuando el valor del umbral de una contratación cubierta aplicado entre lasRepúblicas de la Parte CA sea superior al nivel del umbral correspondiente del título V de la parte IV del presente Acuerdo, las Repúblicas de la Parte CA ajustarán el valor del umbral correspondiente en este título para otorgar a las mercancías, servicios y proveedores de la Parte UE el mismo trato que otorguen a sus propias mercancías, servicios y proveedores. Las Repúblicas de la Parte CA pondrán a disposición de la Parte UE a través del punto regional único de acceso, o notificarán a la Parte UE mediante el comité de asociación, cualquier ajuste realizado de conformidad con este apartado.

Las Repúblicas de la Parte CA convertirán los umbrales de este título a su respectiva moneda nacional cada dos años. Cada ajuste entrará en vigor el 1 de enero, a partir de enero de 2012. Excepto en los casos de El Salvador y de Panamá, la conversión se basará en el tipo de cambio oficial de su banco central, utilizando el promedio de los valores diarios de su moneda en términos del dólar estadounidense, dentro del período de dos años que termina el 30 de septiembre del año precedente a aquel en que se hará efectivo el ajuste realizado por las Repúblicas de la Parte CA.

E. LISTA DE NICARAGUA Salvo que se especifique lo contrario, las siguientes notas generales se aplican sin excepción al título V de la parte IV del presente Acuerdo, e incluyen todas las secciones de este apéndice.

1. Utilización de la lista de proveedores:

Las entidades enumeradas en las Secciones A, B y C de este apéndice podrán utilizar listas de proveedores.

2. Contratación restringida :

Las entidades contratantes enumeradas en las secciones A, B y C podrán adjudicar contratos mediante contratación restringida en las siguientes circunstancias, además de las enumeradas en el artículo 220.

contrataciones entre municipalidades, entre municipalidades y el sector municipal y entre municipalidades y el sector público.

3. Otras excepciones:

  • a)El título V de la parte IV del presente Acuerdo no se aplicará a la contratación por una entidad nicaragüense de una mercancía o servicio obtenido o adquirido de otra entidad nicaragüense.
  • b)El título V de la parte IV del presente Acuerdo no se aplicará a los acuerdos con otros Estados o con sujetos de Derecho internacional público.
  • c)El título V de la parte IV del presente Acuerdo no se aplicará a los programas del gobierno a favor de las MIPYME.
  • d)El título V de la parte IV del presente Acuerdo no se aplica a las contrataciones que realicen las empresas con participación pública en que el sector privadosea titular de más de un 50 % del capital social.
  • e)El título V de la parte IV del presente Acuerdo no se aplicara a las contrataciones efectuadas en el marco de programas o iniciativas para mejorar la calidad de vida de la población, especialmente la que vive en pobreza y extrema pobreza tales como el programa "Hambre Cero" y el programa "Usura Cero".
  • f)El título V de la parte IV del presente Acuerdo se aplica solo a las adquisiciones financiadas con fondos del presupuesto general de la República.
  • g)El título V de la parte IV del presente Acuerdo no se aplica a la contratación realizada para propósitos de interés público y seguridad nacional.
  • h)El título V de la parte IV del presente Acuerdo no se aplica a las contrataciones realizadas por o para el Ejército de Nicaragua y/o la Policía Nacional.

4. Transición:

Durante un período de tres años desde la entrada en vigor del presente Acuerdo, Nicaragua aplicará los plazos establecidos en su legislación nacional, de conformidad con lo siguiente:

  • a)Procedimientos de licitación pública: al menos treinta días para la remisión de ofertas; y al menos siete días hábiles para procedimientos de licitación selectiva.
  • b)Nicaragua otorgará al menos tres días hábiles para que los proveedores preparen y presenten una impugnación por escrito.

5. Ajuste de umbrales:

Cuando el valor del umbral de una contratación cubierta aplicado entre las Repúblicas de la Parte CA sea superior al nivel del umbral correspondiente del título V de la parte IV del presente Acuerdo, las Repúblicas de la Parte CA ajustarán el valor del umbral correspondiente en este título para otorgar a las mercancías, servicios y proveedores de la Parte UE el mismo trato que otorguen a sus propias mercancías, servicios y proveedores. Las Repúblicas de la Parte CA pondrán a disposición de la Parte UE a través del punto regional único de acceso, o notificarán a la Parte UE mediante el comité de asociación, cualquier ajuste realizado de conformidad con este apartado.

Las Repúblicas de la Parte CA convertirán los umbrales de este título a su respectiva moneda nacional cada dos años. Cada ajuste entrará en vigor el 1 de enero, a partir de enero de 2012. Excepto en los casos de El Salvador y de Panamá, la conversión se basará en el tipo de cambio oficial de su banco central, utilizando el promedio de los valores diarios de su moneda en términos del dólar estadounidense, dentro del período de dos años que termina el 30 de septiembre del año precedente a aquel en que se hará efectivo el ajuste realizado por las Repúblicas de la Parte CA.

F. LISTA DE PANAMÁ Salvo que se especifique lo contrario, las siguientes notas generales se aplican sin excepción al título V de la parte IV del presente Acuerdo, e incluyen todas las secciones de este apéndice.

1. Exclusiones específicas:

El título V de la parte IV del presente Acuerdo no se aplica a:

  • a)la contratación realizada bajo el sistema de concesiones otorgadas por el Estado, distintas a los contratos de concesión de obras públicas; b) contratación para la emisión de billetes, monedas, timbres fiscales o postales; c) contratación de productos agrícolas relacionados con el desarrollo y el apoyo rurales y los programas de ayuda alimentaria; d) contratación realizada por una entidad panameña a otra entidad panameña; y e) contratación de servicios de transporte que forman parte de un contrato de adquisición o están relacionados con él.

2. Ajuste de umbrales:

Cuando el valor del umbral de una contratación cubierta aplicado entre las Repúblicas de la Parte CA sea superior al nivel del umbral correspondiente del título V de la parte IV del presente Acuerdo, las Repúblicas de la Parte CA ajustarán el valor del umbral correspondiente en este título para otorgar a las mercancías, servicios y proveedores de la Parte UE el mismo trato que otorguen a sus propias mercancías, servicios y proveedores. Las Repúblicas de la Parte CA pondrán a disposición de la Parte UE a través del punto regional único de acceso, o notificarán a la Parte UE mediante el comité de asociación, cualquier ajuste realizado de conformidad con este apartado.

Las Repúblicas de la Parte CA convertirán los umbrales de este título a su respectiva moneda nacional cada dos años. Cada ajuste entrará en vigor el 1 de enero, a partir de enero de 2012. Excepto en los casos de El Salvador y de Panamá, la conversión se basará en el tipo de cambio oficial de su banco central, utilizando el promedio de los valores diarios de su moneda en términos del dólar estadounidense, dentro del período de dos años que termina el 30 de septiembre del año precedente a aquel en que se hará efectivo el ajuste realizado por las Repúblicas de la Parte CA.

G. LISTA DE LA PARTE UE A. Notas generales:

1. El título V de la parte IV del presente Acuerdo no se aplica a:

- La contratación de productos agrícolas realizada para el fomento de programas de apoyo agrícola y programas de alimentación humana (por ejemplo, ayuda alimentaria, incluida la de socorro urgente), y - Contrataciones para la adquisición, desarrollo, producción o coproducción de materiales de programas de radiodifusión y contratos para espacio de radiodifusión.

2. Los contratos adjudicados por entidades contratantes cubiertas bajo las secciones A y B en relación con actividades en los sectores de agua potable, energía, transporte y el sector postal no están cubiertos por el título V de la parte IV del presente Acuerdo, salvo que estén cubiertos en la sección C.

3. Finlandia se reserva su posición en relación con la aplicación del título V de la parte IV del presente Acuerdo a las islas Åland (Ahvenanmaa).

4. La legislación interna sobre contratación pública de los Estados miembros de la Unión Europea miembros de la Unión Europea. El cálculo de los valores de estos umbrales está basado en el promedio de los valores diarios de los DEG con respecto a la tasa de cambio del EUR en los veinticuatro meses que concluyen el último día de agosto precedente a la revisión efectiva el 1 de enero. El valor de los umbrales revisados, en su caso, se redondea al millar de EUR más cercano. Los cambios de esta metodología serán notificados a las Repúblicas de la Parte CA mediante el Comité de Asociación.

B. Excepciones:

1. Mientras la Parte UE no haya aceptado que las partes correspondientes otorgan a las empresas de la Parte UE acceso comparable y efectivo a sus mercados, la Parte UE no extenderá los beneficios del título V de la parte IV del presente Acuerdo:

  • a)respecto a la adjudicación de contratos de servicios de construcción por entidades enumeradas en la sección B, a los proveedores y prestatarios de servicios de Guatemala y Honduras; b) respecto a la adjudicación de contratos por:
  • i)entidades enumeradas en la sección C, letra a) (agua), a los proveedores y prestatarios de servicios de El Salvador, Guatemala y Honduras; ii) entidades enumeradas en la sección C, letra b) (electricidad), a los proveedores y prestatarios de servicios de Guatemala y Honduras; iii) entidades enumeradas en la sección C, letra c) (aeropuertos), a los proveedores y prestatarios de servicios de Guatemala, Honduras, Nicaragua y Panamá; iv) entidades enumeradas en la sección C, letra d) (puertos), a los proveedores y prestatarios de servicios de Guatemala y Nicaragua; v) entidades enumeradas en la sección C, letra e) (transporte urbano), a los proveedores y prestatarios de servicios de El Salvador, Honduras y Nicaragua; vi) entidades enumeradas en la sección C, letra f) (ferrocarriles), a los proveedores y prestatarios de servicios de Guatemala, Honduras, Nicaragua y Panamá; c) respecto a los contratos relacionados con servicios informáticos y conexos, según la definición del CCP prov. 84, a los proveedores y prestatarios de servicios de Guatemala, Honduras y Nicaragua; d) respecto a la adjudicación de contratos por entidades de gobiernos locales y regionales (sección B, parte A), a los proveedores y prestatarios de servicios de Nicaragua.

2. El título V de la parte IV del presente Acuerdo tendrá efecto entre la Unión Europea y Honduras un año después de la entrada en vigor del presente Acuerdo. Cada una de las excepciones anteriores podrá ser retirada en cualquier momento como resultado de las negociaciones bilaterales bajo el artículo 226, apartado 1.

C. Cobertura ampliada:

Las excepciones a la División CCP 752 (Servicios de telecomunicaciones) de la sección D no se aplican a Costa Rica.

APÉNDICE 2 MEDIOS PARA LA PUBLICACIÓN DE INFORMACIÓN SOBRE CONTRATACIONES Costa Rica Leyes, reglamentos y procedimientos, Diario Oficial La Gaceta Jurisprudencia, Boletín Judicial El Salvador La información puede ser publicada ya sea en el sistema electrónico Comprasal (www.mh.gob.sv/moddiv/HTML/), en la página web de la Asamblea Legislativa de El Salvador, de la Corte Suprema de Justicia o en el Diario Oficial.

Guatemala Diario de Centroamérica, Órgano Oficial de la República de Guatemala.

Honduras Diario Oficial La Gaceta.

Sistema Electrónico Honducompras Nicaragua Sistema de Contrataciones Administrativas del Estado:

www.nicaraguacompra.gob.ni Panamá Leyes y reglamentos: www.gacetaoficial.gob.pa Jurisprudencia: www.organojudicial.gob.pa | Bélgica | - Diario Oficial de la Unión Europea - Le Bulletin des Adjudications - Otras publicaciones en prensa especializada | | --- | --- | | Bulgaria | - Diario Oficial de la Unión Europea - Държавен вестник (Boletín Oficial del Estado) http://dv.parliament.bg - Public Procurement Register (www.aop.bg) | | República Checa | - Diario Oficial de la Unión Europea | | Dinamarca | - Diario Oficial de la Unión Europea | | Alemania | - Diario Oficial de la Unión Europea | | Estonia | - Diario Oficial de la Unión Europea | | Grecia | - Diario Oficial de la Unión Europea - Publicación en la prensa diaria, financiera, regional y especializada | | España | - Diario Oficial de la Unión Europea | | Francia | - Diario Oficial de la Unión Europea - Bulletin officiel des annonces des marchés publics | | Irlanda | - Diario Oficial de la Unión Europea - Diarios: Irish Independent, Irish Times, Irish Press, Cork Examiner | | Italia | - Diario Oficial de la Unión Europea | | Chipre | - Diario Oficial de la Unión Europea - Boletín Oficial de la República - Prensa diaria local | | Letonia | - Diario Oficial de la Unión Europea - Latvijas vēstnesis (diario oficial) CUADRO 254-255, TOMO 11 | | Lituania | - Diario Oficial de la Unión Europea - Información suplementaria "Informaciniai praneńimai" a la Boletín Oficial "Valstybės ņinios") de la República de Lituania | | Luxemburgo | - Diario Oficial de la Unión Europea - Prensa Diaria | | Hungría | - Diario Oficial de la Unión Europea - Közbeszerzési Értesítő - a Közbeszerzések Tanácsa Hivatalos Lapja (Boletín de Contratación Pública - Órgano Oficial del Consejo de Contratación Pública) | | Malta | - Diario Oficial de la Unión Europea - Government Gazette | | Países Bajos | - Diario Oficial de la Unión Europea | | Austria | - Diario Oficial de la Unión Europea - Amtsblatt zur Wiener Zeitung | | Polonia | - Diario Oficial de la Unión Europea - Biuletyn Zamówień Publicznych (Boletín de Contratación Pública) | | Portugal | - Diario Oficial de la Unión Europe | | Rumanía | - Diario Oficial de la Unión Europea - Monitorul Oficial al României (Órgano Oficial de Rumania) - Sistema Electrónico de Contratación Pública (http://www.e-licitatie.ro) | | Eslovenia | - Diario Oficial de la Unión Europea - Boletín Oficial de la República | | Eslovaquia | - Diario Oficial de la Unión Europea - Vestník verejného obstarávania (Diario de Contratación Pública) | | Finlandia | - Diario Oficial de la Unión Europea - Julkiset hankinnat Suomessa ja ETA-alueella, Virallisen lehden liite (Contratación Pública en Finlandia y el área EEA, Suplemento a la Boletín Oficial de Finlandia) | | Suecia | - Diario Oficial de la Unión Europea | | Reino Unido | - Diario Oficial de la Unión Europea | APÉNDICE 3 MEDIOS PARA LA PUBLICACIÓN DE AVISOS Costa Rica Diario Oficial La Gaceta (www.gaceta.go.cr) Avisos del Instituto Costarricense de Electricidad (www.grupoice.com) El Salvador CompraSal (www.mh.gob.sv/moddiv/HTML) o Diario Oficial Guatemala Diario de Centroamérica, Órgano Oficial de la República de Guatemala.

Sistema de Información de Contrataciones y Adquisiciones del Estado de Guatemala GUATECOMPRAS (www.guatecompras.gt) Honduras Diario Oficial La Gaceta y, al menos en un diario de circulación nacional Sistema Electrónico Honducompras Nicaragua La Gaceta, Diario Oficial, o Nicaraguacompra (www.nicaraguacompra.gob.ni) Panamá Portal Panamacompra: www.panamacompra.gob.pa Unión Europea Diario Oficial de la Unión Europea http://simap.europa.eu APÉNDICE 4 AVISO DE CONTRATACIÓN FUTURA 1. Cada aviso de contratación futura incluirá:

  • a)el nombre y la dirección de la entidad contratante y demás información necesaria para entrar en contacto con la entidad contratante y obtener todos los documentos relevantes relacionados con la contratación, y, en su caso, su costo y los términos de pago; b) una descripción de la contratación, en la que figure la naturaleza y cantidad de las mercancías o servicios a contratar o, si la cantidad se desconoce, la cantidad estimada; c) el método de contratación que será usado y si involucra negociación o subasta electrónica; d) la dirección y el plazo para la remisión de ofertas; y e) el idioma o idiomas en que pueden o deben ser presentadas las ofertas o solicitudes de participación, si son distintas del idioma oficial de la Parte de la entidad contratante; 2. La siguiente información será incluida en el aviso de contratación futura si se publica por medios electrónicos. Si dicho aviso se publica en medios impresos, se tomarán las medidas adecuadas para garantizar que cualquier proveedor interesado pueda obtener la información sin demora:
  • a)para contratos recurrentes, si es posible, una estimación de cuándo se harán públicos los siguientes avisos de contratación futura; b) la descripción de todas las opciones; c) el plazo para la entrega de mercancías o servicios, o la duración del contrato; d) en su caso, la dirección y el plazo para la presentación de solicitudes de participación en la contratación; e) una lista y una breve descripción de las condiciones de participación de los proveedores; y f) cuando, de conformidad con el artículo 215, una entidad contratante pretenda seleccionar un número limitado de proveedores calificados para invitarlos a licitar, el criterio que será utilizado para seleccionarlos y, en su caso, cualquier limitación del número de proveedores que podrán ofertar.

APÉNDICE 5 AVISO DE INVITACIÓN A LOS PROVEEDORES INTERESADOS PARA QUE SOLICITEN SU INCLUSIÓN EN UNA LISTA DE PROVEEDORES Si la legislación de una parte establece la publicación de un aviso de invitación a los proveedores interesados para que soliciten su inclusión en una lista de proveedores, en el aviso figurarán el nombre y la dirección de la entidad competente o contratante y demás información necesaria para entrar en contacto con ella y obtener toda la información relevante y documentos relativos a la inclusión en dicha lista. Las entidades pondrán a disposición una descripción de las mercancías o servicios, o categorías correspondientes, para las cuales se utilizará la lista; las condiciones de participación que deben cumplir los proveedores y los métodos a los que recurrirá la entidad contratante para verificar dicho cumplimiento; el período de validez de la lista y los medios para su renovación o vencimiento, o cuando el período de validez no se indique, una indicación del medio por el que se notificará la terminación de uso de la lista. Para un mejor entendimiento, ninguna disposición del título V de la parte IV del presente Acuerdo se entenderá como una obligación de mantener listas de proveedores.

APÉNDICE 6 PLAZOS Plazos para remitir la solicitud de participación en casos de licitación selectiva 1. Si una entidad contratante que utiliza licitación selectiva establece una fecha límite de presentación de solicitudes de participación, lo hará de modo razonable que dé suficiente tiempo a los proveedores interesados para cumplir con los requisitos formales de participación en la misma. Este plazo nunca será inferior a diez días.

Plazo de presentación de ofertas 2. La entidad contratante otorgará a los proveedores suficiente tiempo para preparar y presentar ofertas adecuadas, tomando en consideración la naturaleza y complejidad de la contratación. Excepto cuando así lo dispongan los apartados 4 y 5, la fecha límite de presentación de ofertas no será inferior a cuarenta días desde la fecha en que:

  • a)en caso de licitación abierta, se publique el aviso de contratación futura; o b) en caso de licitación selectiva, la entidad notifique a los proveedores que van a ser invitados a presentar ofertas, ya se trate de una lista multiuso o no.

Plazo cuando se utiliza una lista de proveedores 3. Las entidades contratantes pueden establecer listas públicas de proveedores calificados para participar en licitaciones. Cuando una entidad contratante requiera a los proveedores calificarse para una lista de proveedores como condición para participar en una contratación, y un proveedor que no ha sido aún calificado solicite su inclusión, la entidad contratante iniciará sin demora el procedimiento de calificación y permitirá al proveedor presentar ofertas si se ha determinado que califica para ello, siempre y cuando exista suficiente tiempo para que cumpla las condiciones de participación en el plazo establecido para licitar.

Plazos reducidos en circunstancias específicas 4. Una entidad contratante podrá establecer plazos para licitar inferiores a cuarenta días, pero en ningún caso inferiores a diez días, en las siguientes circunstancias:

  • a)cuando la entidad contratante publique un aviso separado con una descripción de la contratación; los plazos aproximados de remisión de ofertas, o, en su caso, las condiciones de participación en una contratación, y la dirección donde puede obtenerse la documentación necesaria, al menos cuarenta días y no más de doce meses antes de la fecha límite de presentación de ofertas; b) cuando una entidad contrate mercancías y servicios comerciales que son vendidos u ofrecidos para la venta a, y generalmente adquiridos y utilizados por, compradores no gubernamentales para propósitos no gubernamentales; c) cuando la entidad contratante, para contrataciones recurrentes, indique en el aviso inicial de contratación futura que en los avisos subsiguientes se indicarán los plazos para presentar ofertas de conformidad con el presente apartado; o d) cuando una emergencia imprevista y debidamente justificada por la entidad contratante haga inaplicable el plazo establecido en el apartado 1.

Plazos reducidos en caso de contratación electrónica 5. Una Parte podrá establecer en su legislación nacional que una entidad contratante reduzca el plazo para ofertar establecido en el apartado 2 en cinco días por cada una de las siguientes circunstancias:

  • a)el aviso de contratación futura es publicado por medios electrónicos; b) toda la documentación de licitación se pone a disposición por medios electrónicos desde la fecha de publicación del aviso de contratación futura; y c) la entidad contratante acepta recibir las ofertas por medios electrónicos.

El recurso al presente apartado, junto con el apartado 4, en ningún caso podrá resultar en que los plazos de contratación establecidos en el apartado 2 queden reducidos a menos de diez días desde la fecha de publicación del aviso de contratación futura.

APÉNDICE 7 AVISOS DE ADJUDICACIÓN El aviso indicado en el artículo 223, apartado 2, deberá contener al menos la siguiente información:

  • a)una descripción de las mercancías o servicios contratados; b) el nombre de la entidad contratante; c) el nombre del proveedor seleccionado; d) el valor de la oferta seleccionada o el valor más alto y más bajo de las ofertas tomadas en consideración para la adjudicación del contrato; e) la fecha de la adjudicación; y f) el tipo de procedimiento de contratación utilizado.

APÉNDICE 8 DOCUMENTOS DE CONTRATACIÓN Como se menciona en el artículo 217, apartado 1, salvo que ya se haya indicado en el aviso de contratación futura, los documentos de contratación contendrán una descripción completa de lo siguiente:

  • a)la contratación, incluida la naturaleza y la cantidad de las mercancías o servicios por contratar o, si la cantidad se desconoce, la cantidad estimada y cualquier requisito que haya que cumplir, como especificaciones técnicas, certificación de evaluación de la conformidad, planos, diseños o materiales de instrucción; b) cualquier condición para la participación de los proveedores, incluida una lista de información y los documentos que los proveedores han de presentar al respecto; c) todos los criterios de evaluación que se tendrán en cuenta para adjudicar el contrato y su importancia relativa, excepto cuando el único criterio sea el precio; d) si la entidad contratante realiza la contratación por medios electrónicos, los requisitos de autenticación y encriptación y demás equipos relacionados con la recepción de información por vía electrónica; e) si la entidad contratante realiza una subasta electrónica, las reglas de la misma, incluida la identificación de los elementos de la licitación relativos a los criterios de evaluación sobre los que se llevará a cabo la subasta; f) si hay apertura pública de ofertas, la fecha, hora y lugar de la misma y, en su caso, las personas autorizadas a presenciarla; g) cualquier otro término o condición, como los términos de pago y los posibles límites del modo de presentación de ofertas, por ejemplo en papel o por vía electrónica; y h) las posibles fechas de entrega de mercancías o prestación de servicios.

LISTA DE NOMBRES PARA LOS QUE SE SOLICITA PROTECCIÓN COMO INDICACIONES GEOGRÁFICAS EN EL TERRITORIO DE LAS PARTES PARTE A Nombres de la Parte UE Los nombres que figuran en el presente anexo son indicaciones geográficas del territorio de la Parte UE, que serán tramitados de conformidad con los procedimientos de protección aplicables de cada una de las Repúblicas de la Parte CA.

Lista de nombres para los que se solicita proteccion como Indicaciones geograficas en el territorio de las partes Parte A PARTE B Nombres de las Repúblicas de la Parte CA Los nombres que figuran en el presente anexo son indicaciones geográficas del territorio de las Repúblicas de la Parte CA, que serán tramitados de conformidad con los procedimientos de protección aplicables en la Parte UE.

PaísNombreProductos
Costa RicaBanano de Costa RicaBananos
El SalvadorCafé Apaneca-IlamapetecCafé
El SalvadorBálsamo de El SalvadorBálsamo
GuatemalaCafé AntiguaCafé
GuatemalaRon de GuatemalaBebidas espirituosas
HondurasCafé MarcalaCafé
HondurasCafés del Occidente Hondureño (H W C)Café
NicaraguaCafé de NicaraguaCafé
NicaraguaQueso ChontaleñoQuesos
PanamáSecoBebidas espirituosas

(Nota de Sinalevi: Mediante el aparte 27) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se sustituye el presente anexo al no ser clara dicha sustitución se transcribe la misma: "El Anexo XVII se sustituye por:

PARTE A Nombres de las Repúblicas de la Parte CA ")

INDICACIONES GEOGRÁFICAS PROTEGIDAS PARTE A Indicaciones geográficas de la Parte UE protegidas en las Repúblicas de la Parte CA de conformidad con el título VI (Propiedad intelectual) de la parte IV del presente Acuerdo Los nombres del anexo XVII que hayan sido protegidos como indicaciones geográficas después de que las autoridades competentes de las Partes los hayan examinado con éxito se insertarán aquí de conformidad con las disposiciones institucionales, en particular el título XIII (Tareas específicas en cuestiones comerciales de los órganos establecidos en virtud del presente Acuerdo), a través de las decisiones del Consejo de Asociación.

| ESTADO MIEMBRO | NOMBRE | PRODUCTO DESCRIPCIÓN O CLASE | | --- | --- | --- | | ALEMANIA | Bayerisches Bier | Cervezas | | ALEMANIA | Munchener Bier | Cervezas | | ALEMANIA | Nurnberger Bratwurste /Nurnberger Rostbratwurste | Productos cárnicos (cocidos, en salazón, ahumados. etc) | | IRLANDA | Irish Cream La indicación geográfica lrish Cream cubre el licor producido en el territorio de Irlanda y de Irlanda del Norte. Esto no se considera modificación de cualesquier derechos existentes en relación con dicha indicación geográfica respecto a la protección otorgada en cada una de las Repúblicas de la Parte CA. (Así adicionado el párrafo anterior por el aparte 28) sub aparte a) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") | Bebidas espirituosas | | IRLANDA | Irish whiskey/ Uisce Beatha Eireannach / Irish whisky La indicación geográfica lrish whiskey/ Uisce Beatha Eireannach/lrish whisky cubre el whisky/whiskey producido en el territorio de Irlanda y de Irlanda del Norte. Esto no se considera modificación de cualesquier derechos existentes en relación con dicha indicación geográfica respecto a la protección otorgada en cada una de las Repúblicas de la Parte CA. (Así adicionado el párrafo anterior por el aparte 28) sub aparte b) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") | Bebidas espirituosas | | GRECIA | (Ouzo)(1) (1)Producto de Grecia o Chipre | Bebidas espirituosas | | GRECIA | (Samos) | Vinos | | ESPAÑA | Bierzo | Vinos | | ESPAÑA | Brandy de Jerez | Bebidas espirituosas | | ESPAÑA | Campo de Borja | Vinos | | ESPAÑA | Cariñena | Vinos | | ESPAÑA | Castilla | Vinos | | ESPAÑA | Cataluña | Vinos | | ESPAÑA | Cava | Vinos | | ESPAÑA | Empordá | Vinos | | ESPAÑA | Idiazábal | Quesos | | ESPAÑA | Jamón de Teruel | Productos Cárnicos (cocido en salazón, ahumados, etc) -Jamones | | ESPAÑA | Jerez-Xérés -Sherry | Vinos | | ESPAÑA | Jijona | Productos de panadería, pastelería, repostería, y galletará-Turrón | | ESPAÑA | Jumilla | Vinos | | ESPAÑA | La Mancha | Vinos | | ESPAÑA | Los Pedroches | Productos Cárnicos (cocido en salazón, ahumados, etc) -Jamones | | ESPAÑA | Málaga | Vinos | | ESPAÑA | Manzanilla- Sanlúcar de Barrameda | Vinos | | ESPAÑA | Navarra | Vinos | | ESPAÑA | | | | ESPAÑA | Penedés | Vinos | | ESPAÑA | Priorat | Vinos | | ESPAÑA | Queso Manchego(1) 1Registados en Guatemala, Honduras, Nicaragua y Panamá; procedimiento de oposición aún pendientes en Costa Rica y El Salavdor. | Quesos | | ESPAÑA | Rías Baixas | Vinos | | ESPAÑA | Ribera del Duero | Vinos | | ESPAÑA | Rioja | Vinos | | ESPAÑA | Rueda | Vinos | | ESPAÑA | Somontano | Vinos | | ESPAÑA | Toro | Vinos | | ESPAÑA | Turrón de Alicante | Productos de panadería, pastelería, repostería, y galletará-Turrón | | ESPAÑA | Utiel-Requena | Vinos | | ESPAÑA | Valdepeñas | Vinos | | ESPAÑA | Valencia | Vinos | | FRANCIA | Alsace | Vinos | | FRANCIA | Anjou | Vinos | | FRANCIA | Armagnac | Bebidas espirituosas | | FRANCIA | Beaujolais | Vinos | | FRANCIA | Bordeaux | Vinos | | FRANCIA | Bourgogne | Vinos | | FRANCIA | Brie de Meaux2 2Registrados en Costa Rica, El Salvador, Honduras, Nicaragua y Panamá; procedimiento de oposición aún pendientes en Guatemala | Quesos | | FRANCIA | Cadillac | Vinos | | FRANCIA | Calvados | Bebidas espirituosas | | FRANCIA | Camembert de Normandie1 1Registrados en Costa Rica, El Salvador, Honduras, Nicaragua y Panamá; procedimientos de oposición aún ´pendientes en Guatemala. | Quesos | | FRANCIA | Canard á foie gras du Sud-Ouest/Canard á foie gras du Sud-Ouest (Chalosse, Gascogne, Gers, Landes, Périgord, Quercy) | Productos Cárnicos (cocido en salazón, ahumados, etc) -Jamones | | FRANCIA | Chablis | Vinos | | FRANCIA | Champagne | Vinos | | FRANCIA | Cháteauneuf-du- Pape | Vinos | | FRANCIA | Cognac | Bebidas espirituosas | | FRANCIA | Comté | Quesos | | FRANCIA | Cótes de Provence | Vinos | | FRANCIA | Cótes du Rhóne | Vinos | | FRANCIA | Cótes du Roussillon | Vinos | | FRANCIA | Emmental de Savoie2 2Registrados en Costa Rica, El Salvador, Honduras, Nicaragua y Panamá; procedimientos de oposición aún ´pendientes en Guatemala. | Quesos | | FRANCIA | Graves | Vinos | | FRANCIA | Huile essentielle de lavanda de Haute -Provence | Aceite de lavanda | | FRANCIA | Jambon de Bayonne | Productos Cárnicos (cocido en salazón, ahumados, etc) -Jamones | | FRANCIA | Languedoc (Coteaux du Languedoc) | Vinos | | FRANCIA | Margaux | Vinos | | FRANCIA | Médoc | Vinos | | FRANCIA | Pommard | Vinos | | FRANCIA | Pruneaux d Agen/Pruneaux d Agen mi-cuits | Frutas, vegetales y cereales frescos o procesados-Ciruelas secas cocinadas | | FRANCIA | Reblochon | Quesos | | FRANCIA | Rhum de la Martinique | Bebidas espirituosas | | FRANCIA | Romanée Saint-Vivant | Vinos | | FRANCIA | Roquefort | Quesos | | FRANCIA | Saint-Emilion | Vinos | | FRANCIA | Saint- Julien | Vinos | | FRANCIA | Sauternes | Vinos | | FRANCIA | Val de Loire | Vinos | | ITALIA | Asti | Vinos | | ITALIA | Barbaresco | Vinos | | ITALIA | Barbera d Alba | Vinos | | ITALIA | Barbera d Asti | Vinos | | ITALIA | Barolo | Vinos | | ITALIA | Brachetto a Acqui | Vinos | | ITALIA | Conegliano-Valdobbiadene-Prosecco | Vinos | | ITALIA | Dolcetto d Alba | Vinos | | ITALIA | Fontina1 1Registrados en El Salvador, Guatemala, Honduras, Nicaragua y Panamá; procedimientos de oposición aún pendientes en Costa Rica | Quesos | | ITALIA | Franciacorta | Vinos | | ITALIA | Gorgonzola2 2Registrados en Guatemala, Honduras, Nicaragua y Panamá; procedimientos de oposición aún pendientes en Costa Rica y El Salvador | Quesos | | ITALIA | Grana Padano | Quesos | | ITALIA | Grappa | Bebidas espirituosas | | ITALIA | Mortadella Bologna | Productos Cárnicos (cocido en salazón, ahumados, etc) -Jamones | | ITALIA | Parmigiano Reggiano3 3Registrados en Honduras, Nicaragua y Panamá; procedimientos de oposición aún pendientes en Costa Rica, El Salvador y Guatemala | Quesos | | ITALIA | Prosciutto di Parma 4 4Registrados en Costa Rica, Guatemala, en Honduras, Nicaragua y Panamá; procedimientos de oposición aún pendientes en El Salvador | Productos Cárnicos (cocido en salazón, ahumados, etc) -Jamones | | ITALIA | Prosciutto di S. Daniele/Prosciutto di San Daniele | Productos Cárnicos (cocido en salazón, ahumados, etc) -Jamones | | ITALAIA | Prosciutto Toscano | Productos Cárnicos (cocido en salazón, ahumados, etc) -Jamones | | ITALIA | Provolone Valpadana5 5Registrados en El Salvador, Honduras, Nicaragua y Panamá; procedimientos de oposición aún pendientes en Costa Rica y Guatemala. | Quesos | | ITALAIA | Soave | Vinos | | ITALIA | Taleggio | Quesos | | ITALIA | Toscano | Acietes y grasas (mantequillas, margarina, aceite, etc.)-Aciete de oliva | | ITALIA | Toscano/Toscana | Vinos | | ITALIA | Vino Nobile di Montepulciano | Vinos | | CHIPRE | ZiBavía/TCiBavia/ZiBáva (Zivania) | Bebidas espirituosas | | CHIPRE | KovuavSapía (Commandaria) | Vinos | | CHIPRE | Ouco (Ouzo)1 1Producto de Grecia o Chipre | Bebidas espirituosas | | HUNGRÍA | Pálinka | Bebidas espirituosas | | HUNGRÍA | Szegedi téliszalámi/Szegedi | Productos Cárnicos (cocido en salazón, ahumados, etc) -Jamones | | HUNGRÍA | Tokaj | Vinos | | HUNGRÍA | TöKölypálinka | Bebidas espirituosas | | AUSTRIA | Inläderrum | Bebidas espirituosas | | AUSTRIA | Jägertee/Jagertee/Jagatee | Bebidas espirituosas | | POLONIA | Polska Wódka/Polish Vodka | Bebidas espirituosas | | POLONIA | Wódka ziolowa z Niziny Pólmocnopodlaskiej aromatyzowana ekstraktem z trawy zubrowej/ herbal vodka from the North Podlasie Lowland aromatised with an extract of bison grass | Bebidas espirituosas | | PORTUGAL | Douro | Vinos | | PORTUGAL | Porto/Port/Oporto | Vinos | | ESLOVAQUIA | Vinohradnícka oblast Tokaj | Vinos | | SUECIA | Svensk Vodka/Swedish Vodka | Bebidas espirituosas | | REINO UNIDO | Scoth Whisky | Bebidas espirituosas | (Así incluido el cuadro anterior por la Decisión N° 5/2014 Consejo de Asociación UE-Centroamérica y su Anexo: Inclusión de indicaciones geográficas en el Anexo XVIII, Parte A y Parte B, "Acuerdo que establece asociación entre Centroamérica y la Unión Europea y sus Estados miembros", aprobada mediante decreto ejecutivo N° 39241 del 20 de agosto de 2015) (Nota de Sinalevi: Mediante el aparte 28) sub aparte c) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se establece que otras indicaciones geográficas, enumeradas en la Parte A del Anexo XVIII, relativas a países específicos que no forman parte del presente Acuerdo no se incorporan al presente Acuerdo anteriormente referido) PARTE B Indicaciones geográficas de las Repúblicas de la Parte CA protegidas en la Parte UE de conformidad con el título VI (Propiedad intelectual) de la parte IV del presente Acuerdo Los nombres del anexo XVII que hayan sido protegidos como indicaciones geográficas después de que las autoridades competentes de las Partes los hayan examinado con éxito se insertarán aquí de conformidad con las disposiciones institucionales, en particular el título XIII (Tareas específicas en cuestiones comerciales de los órganos establecidos en virtud del presente Acuerdo), a través de las decisiones del Consejo de Asociación.

PAÍSDENOMINACIÓNPRODUCTOS
COSTA RICACafé de Costa RicaCafé
COSTA RICABanano de Costa RicaBanamos
EL SALVADORCafé Apaneca-llamapetecCafé
EL SALVADORBálsamo de El SalvadorBálsamo
GUATEMALACafé AntiguaCafé
GUATEMALARon de GuatemalaBebidas espirituosas
HONDURASCafés del occidente hondureño (H W C)Café
HONDURASCafé de MarcalaCafé
PANAMÁSeco de PanamáBebidas espirituosas

(Así incluido el cuadro anterior por la Decisión N° 5/2014 Consejo de Asociación UE-Centroamérica y su Anexo: Inclusión de indicaciones geográficas en el Anexo XVIII, Parte A y Parte B, "Acuerdo que establece asociación entre Centroamérica y la Unión Europea y sus Estados miembros", aprobada mediante decreto ejecutivo N° 39241 del 20 de agosto de 2015)

LISTA DE PRODUCTOS A LOS QUE HACE REFERENCIA EL ARTÍCULO 306, APARTADO 4 LISTA 1  Suero lácteo  Productos lácteos tratados térmicamente  Helados a base de productos lácteos  Leche en polvo  Leche concentrada evaporada  Gelatina  Huevos de codorniz en conserva  Corcho  Material genético (esperma, embriones y óvulos) LISTA 2  Quesos  Mantequilla y productos lácteos para untar  Mezclas lácteas (bases para helados)  Alimentos para mascotas  Alimentos para peces  Manzanas  Productos de huevo en polvo o tratados térmicamente  Productos de carne de cerdo tratados térmicamente, ahumados o curados

LISTA DE REGLAMENTOS TECNICOS CENTROAMERICANOS (RTCA) EN PROCESO DE ARMONIZACIÓN1015 1015 El título de los reglamentos incluidos en el presente anexo debe usarse solo como referencia, ya que dichos títulos pueden modificarse durante el proceso de negociación y aprobación.

1. Alimentos y bebidas a) RTCA de Aditivos alimentarios para consumo humano.

  • b)RTCA de Buenas prácticas de higiene para alimentos no procesados.
  • c)RTCA de Etiquetado general para alimentos preenvasados.
  • d)RTCA de Etiquetado de bebidas alcohólicas fermentadas.
  • e)RTCA de Etiquetado de bebidas alcohólicas destiladas.
  • f)RTCA de Etiquetado nutricional.

2. Medicamentos y productos afines a) RTCA de Buenas prácticas de manufactura para medicamentos de uso humano, y su guía de verificación.

  • b)RTCA de Requisitos para el otorgamiento de registro sanitario de medicamentos de uso humano.
  • c)RTCA de Productos Naturales:

Verificación de la Calidad.

Requisitos para el registro e inscripción de productos naturales.

Buenas prácticas de manufactura para los laboratorios fabricantes de productos naturales.

Etiquetado.

  • d)RTCA de Etiquetado de plaguicidas de uso doméstico y de uso industrial.
  • e)RTCA de Registro de plaguicidas de uso doméstico y de uso industrial.
  • f)RTCA de Estudios de estabilidad de medicamentos de uso humano.

3. Medidas de normalización a) RTCA de Etiquetado de textiles.

  • b)RTCA de Etiquetado de calzado.

4. Insumos agrícolas a) RTCA de Registro de ingrediente activo grado técnico, plaguicidas sintéticos formulados.

  • b)RTCA para la prohibición y restricción de plaguicidas.
  • c)RTCA de Requisitos para el registro de fertilizantes y enmiendas de uso agrícola.
  • d)RTCA de Medicamentos veterinarios y productos afines. Establecimientos que los fabrican, comercializan, fraccionan o almacenan. Requisitos de registro sanitario y control.
  • e)RTCA de Productos utilizados en alimentación animal y establecimientos que los fabrican, comercializan, fraccionan o almacenan. Requisitos de registro sanitario y control.
  • f)RTCA de Requisitos para la producción y comercialización de semillas certificadas de granos básicos y soya.

SUBCOMITÉS SUBCOMITÉ DE ACCESO DE MERCANCÍAS AL MERCADO El Subcomité estará integrado:

  • a)en el caso de Costa Rica, por el Ministerio de Comercio Exterior; b) en el caso de El Salvador, por el Ministerio de Economía; c) en el caso de Guatemala, por el Ministerio de Economía; d) en el caso de Honduras, por la Secretaria de Estado en los Despachos de Industria y Comercio; e) en el caso de Nicaragua, por el Ministerio de Fomento, Industria y Comercio (MIFIC), en colaboración con las instituciones competentes en las cuestiones que se aborden; f) en el caso de Panamá, por el Ministerio de Comercio e Industrias; y g) en el caso de la Unión Europea, por la Comisión Europea; o sus sucesores.

SUBCOMITÉ DE ADUANAS, FACILITACIÓN DEL COMERCIO Y NORMAS DE ORIGEN El Subcomité estará integrado:

  • a)en el caso de Costa Rica, por el Ministerio de Comercio Exterior y el Servicio Nacional de Aduanas; b) en el caso de El Salvador, por el Ministerio de Economía y la Dirección General de Aduanas; c) en el caso de Guatemala, por el Ministerio de Economía y la Superintendencia de Administración Tributaria, a través de la Intendencia de Aduanas; d) en el caso de Honduras, por la Secretaria de Estado en los Despachos de Industria y Comercio, y la Dirección Ejecutiva de Ingresos; e) en el caso de Nicaragua, por el Ministerio de Fomento, Industria y Comercio (MIFIC), y la Dirección General de Servicios Aduaneros; f) en el caso de Panamá, por el Ministerio de Comercio e Industrias y la Autoridad Nacional de Aduanas; y g) en el caso de la Unión Europea, por la Comisión Europea; o sus sucesores.

SUBCOMITÉ DE OBSTÁCULOS TÉCNICOS AL COMERCIO El Subcomité estará integrado:

  • a)en el caso de Costa Rica, por el Ministerio de Comercio Exterior, en colaboración con las instituciones competentes en las cuestiones que se aborden; b) en el caso de El Salvador, por el Ministerio de Economía, en colaboración con las instituciones competentes en las cuestiones que se aborden; c) en el caso de Guatemala, por el Ministerio de Economía, en colaboración con las instituciones competentes en las cuestiones que se aborden; d) en el caso de Honduras, por la Secretaria de Estado en los Despachos de Industria y Comercio, en colaboración con las instituciones competentes en las cuestiones que se aborden; e) en el caso de Nicaragua, por el Ministerio de Fomento, Industria y Comercio (MIFIC), en colaboración con las instituciones competentes en las cuestiones que se aborden; f) en el caso de Panamá, por el Ministerio de Comercio e Industrias, en colaboración con las instituciones competentes en las cuestiones que se aborden; y g) en el caso de la Unión Europea, por la Comisión Europea; o sus sucesores.

SUBCOMITÉ DE ASUNTOS SANITARIOS Y FITOSANITARIOS El Subcomité estará integrado a) en el caso de Costa Rica, por el Ministerio de Comercio Exterior, en colaboración con las autoridades competentes establecidas en el artículo 144; b) en el caso de El Salvador, por el Ministerio de Economía, a través de la Dirección de Administración de Tratados Comerciales, el Ministerio de Agricultura y Ganadería (MAG) y el Ministerio de Salud Pública y Asistencia Social (MSPAS); c) en el caso de Guatemala, por el Ministerio de Economía, en colaboración con las instituciones competentes en las cuestiones que se aborden; d) en el caso de Honduras, por la Secretaria de Estado en los Despachos de Industria y Comercio, a través de la Dirección General de Integración Económica y Política Comercial, la Secretaría de Estado en los Despachos de Agricultura y Ganadería (SAG), a través de de la Dirección General del Servicio Nacional de Sanidad Agropecuaria (SENASA), y la Secretaría de Estado en el Despacho de Salud, a través de la Dirección General de Regulación Sanitaria; e) en el caso de Nicaragua, por el Ministerio de Fomento, Industria y Comercio (MIFIC), el Ministerio Agropecuario y Forestal (MAGFOR) y el Ministerio de Salud (MINSA); f) en el caso de Panamá, por el Ministerio de Comercio e Industrias (MICI), en colaboración con las instituciones competentes en las cuestiones que se aborden; y g) en el caso de la Unión Europea, por la Comisión Europea; o sus sucesores.

SUBCOMITÉ DE PROPIEDAD INTELECTUAL El Subcomité estará integrado:

  • a)en el caso de Costa Rica, por el Ministerio de Comercio Exterior, el Ministerio de Ciencia y Tecnología, y el Registro de la Propiedad Industrial; b) en el caso de El Salvador, por el Ministerio de Economía en colaboración con las instituciones competentes en las cuestiones que se aborden; c) en el caso de Guatemala, por el Ministerio de Economía y el Registro de la Propiedad Intelectual; d) en el caso de Honduras, por la Secretaria de Estado en los Despachos de Industria y Comercio, y la Dirección General de Propiedad Intelectual; e) en el caso de Nicaragua, por el Ministerio de Fomento, Industria y Comercio (MIFIC), en colaboración con las instituciones competentes en las cuestiones que se aborden; f) en el caso de Panamá, por el Ministerio de Comercio e Industrias, en colaboración con las instituciones competentes en las cuestiones que se aborden; y g) en el caso de la Unión Europea, por la Comisión Europea; o sus sucesores.

DECLARACIONES DECLARACIÓN CONJUNTA DE COSTA RICA Y LA UNIÓN EUROPEA DEL CAPÍTULO 1 DEL TÍTULO II (COMERCIO DE MERCANCÍAS) DEL PRESENTE ACUERDO(*) Costa Rica revisará que los impuestos internos cobrados a las bebidas que figuran más adelante se apliquen de conformidad con las disposiciones del capítulo 1 del título II (Comercio de mercancías), de modo que:

  • a)Para las bebidas carbonatadas clasificadas en la partida arancelaria 2202 y las bebidasalcohólicas clasificadas en la partida arancelaria 2203, tal revisión se completará a más tardar un año después de la entrada en vigor.
  • b)Para las bebidas alcohólicas clasificadas en las partidas arancelarias 2204 a 2208, tal revisión se completará a más tardar cuatro años después de la entrada en vigor.

(*) (Nota de Sinalevi: Mediante el aparte 29) sub aparte e) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó indicar que en la Declaración Conjunta de Costa Rica y la Unión Europea del Capítulo 1 del Título 11 (Comercio de Mercancías) de este Acuerdo no se incorpora lo siguiente al presente Acuerdo:

i. en el apartado (a) las palabras "las bebidas carbonatadas clasificadas en la partida arancelaria 2202 y"; y ii. el apartado (b).") DECLARACIÓN CONJUNTA SOBRE EL ARTÍCULO 88 DEL CAPÍTULO 1 DEL TÍTULO II (COMERCIO DE MERCANCÍAS) Costa Rica y Guatemala pueden seguir aplicando las medidas que figuran más adelante después de la fecha en que se ha aplicado la parte IV del Acuerdo UE-Centroamérica. Las Partes examinarán la necesidad de mantener estas medidas, a más tardar diez años después de la fecha en que se ha aplicado la parte IV del Acuerdo UE-Centroamérica.

(Así reformado el párrafo anterior por el aparte 29) sub aparte f) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") Guatemala a) Ley del Café, Decreto nº 19-69 del Congreso de la República de Guatemala, Decreto nº 114-63 del Jefe de Estado y Decreto Ley nº 111-85 del Jefe de Estado. Costa Rica a) Ley nº 5515, de 19 de abril de 1974, modificada por la Ley nº 5538, de 18 de junio de 1974, y Ley nº 4895, de 16 de noviembre de 1971, modificada por la Ley nº 7147, de 30 de abril de 1990, y por la Ley nº 7277, de 17 de diciembre de 1991; b) Ley nº 2762, de 21 de junio de 1961, modificada por la Ley nº 7551, de 22 de septiembre de 1995; y c) Ley nº 6247, de 2 de mayo de 1978, y Ley nº 7837, de 5 de octubre de 1998.

DECLARACIÓN CONJUNTA RELATIVA AL PRINCIPADO DE ANDORRA 1. Los productos originarios del Principado de Andorra clasificados en los capítulos 25 al 97 del Sistema Armonizado que reúnan las condiciones del artículo 3a(5)(b) del Anexo II serán aceptados por las Partes como originarios de la Unión Europea en el sentido del presente Acuerdo." (Así reformado el párrafo anterior por el aparte 29) sub aparte a) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") 2. El anexo II (Relativo a la definición del concepto de "productos originarios" y métodos de cooperación administrativa) se aplicará, mutatis mutandis, para definir el carácter originario de los productos antes mencionados.

DECLARACIÓN CONJUNTA RELATIVA A LA REPÚBLICA DE SAN MARINO 1. Los productos originarios de la República de San Marino que reúnan las condiciones del artículo 3a(5)(b) del Anexo II serán aceptados por las Partes como productos originarios de la Unión Europea, en el sentido del presente Acuerdo.

(Así reformado el párrafo anterior por el aparte 29) sub aparte b) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019") 2. El anexo II (Relativo a la definición del concepto de "productos originarios" y métodos de cooperación administrativa) se aplicará, mutatis mutandis, para definir el carácter originario de los productos antes mencionados.

DECLARACIÓN CONJUNTA RELATIVA A EXCEPCIONES 1. Las Partes reconocen el importante papel de un crecimiento estable y del progreso de las economías de las Repúblicas de la Parte CA para fomentar el desarrollo fluido de las relaciones en el comercio entre las Partes.

2. Para ese propósito, el Subcomité de Aduanas, Facilitación del Comercio y Normas de Origen, establecido de conformidad con el artículo 123 del capítulo 3 (Aduanas y facilitación del comercio) del título II de la parte IV del presente Acuerdo (en adelante, "el Subcomité") debatirá y considerará las excepciones que se soliciten al presente anexo, en caso de que la evolución de las industrias existentes o la creación de nuevas industrias en las Repúblicas de la Parte CA justifiquen la adopción de tales excepciones. Las excepciones podrán ser adoptadas por el Comité de Asociación posteriormente.

3. Las Repúblicas de la Parte CA deberán notificar a la Parte UE su solicitud de excepción, ya sea antes o cuando se presente la solicitud al Subcomité, junto con los motivos de la misma, de conformidad con el punto 5.

4. En el Consejo de Asociación, la Parte UE responderá positivamente a las solicitudes de las Repúblicas de la Parte CA, en caso que sean admisibles y debidamente justificadas de conformidad con la presente Declaración y no puedan causar un perjuicio grave a una industria establecida de la Unión Europea.

5. Con el fin de facilitar el examen de las solicitudes de excepción por el Subcomité, una o más Repúblicas de la Parte CA proporcionarán, en apoyo de su solicitud, la información más completa posible, que abarcará en particular lo siguiente:

  • a)descripción del producto final, b) naturaleza y cantidad de materiales originarios de terceros países, c) procesos de fabricación, d) valor añadido alcanzado, e) número de empleados de la empresa en cuestión, f) volumen de la Unión Europea, g) otras fuentes posibles de abastecimiento de materias primas, h) otras observaciones.

6. El examen de las solicitudes de excepción tomará en cuenta, en particular:

  • a)los casos en los que la aplicación de las normas de origen existentes afectaría significativamente a la capacidad de una industria existente de una o más Repúblicas de la Parte CA que solicite continuar sus exportaciones a la Unión Europea, con una referencia particular a los casos en los que esto pueda provocar el cese de sus actividades; b) los casos específicos en los que pueda demostrarse claramente que las normas de origen podrían desalentar una inversión significativa en una industria y en los que una excepción que favorezca la realización del programa de inversión permitiría cumplir esas normas por etapas.

7. En todos los casos, se realizará un examen para comprobar si las reglas sobre acumulación de origen no solucionan el problema.

8. El Subcomité tomará las medidas necesarias para asegurar que se tome una decisión sobre una solicitud de excepción tan pronto como sea posible. La excepción podrá concederse por un periodo de doce meses. El Subcomité podrá revisar la necesidad de ampliar el período de validez de la excepción otros doce meses previa solicitud de las Repúblicas de la Parte CA, si continúan las condiciones económicas que constituyeron la base para establecer la excepción, tomando en cuenta otras condiciones indicadas en los puntos 1 a 7. La ampliación de la excepción será decidida por el Consejo de Asociación.

DECLARACIÓN CONJUNTA RELATIVA A LA REVISIÓN DE LAS NORMAS DE ORIGEN CONTENIDAS EN EL ANEXO II (Relativo a la definición del concepto de "productos originarios" y métodos de cooperación administrativa) 1. Las Partes acuerdan revisar las disposiciones que figuran en el anexo II (Relativo a la definición del concepto de "productos originarios" y métodos de cooperación administrativa) y debatir las modificaciones necesarias previa solicitud de cualquier Parte. En dichos debates, las Partes tomarán en cuenta el desarrollo tecnológico, los procesos de producción y todos los demás factores que podrían justificar las modificaciones de las normas. Cualesquiera cambios del anexo II se realizarán de mutuo acuerdo.

2. Se adaptarán los apéndices 2 y 2 A del anexo II de conformidad con las modificaciones periódicas del Sistema Armonizado.

DECLARACIÓN CONJUNTA RELATIVA A LA REVISIÓN DE LAS NORMAS DE ORIGEN APLICABLES A LOS PRODUCTOS DE LOS CAPÍTULOS 61 Y 62 DEL SISTEMA ARMONIZADO Si las normas de origen aplicadas por la Unión Europea a los productos de los capítulos 61 y 62 del Sistema Armonizado, en el marco del Sistema Generalizado de Preferencias para los países que no sean países menos adelantados (PMA), son más flexibles que las que figuran en el presente Acuerdo, después de las consultas en el Comité de Asociación previa solicitud de una o más Repúblicas de la Parte CA, el Consejo de Asociación modificará el apéndice 2 del anexo II (Relativo a la definición del concepto de "productos originarios" y métodos de cooperación administrativa) a fin de aplicar el mismo nivel de flexibilización.

DECLARACIÓN CONJUNTA RELATIVA AL USO TEMPORAL DE MATERIALES NO ORIGINARIOS ADICIONALES PARA PRODUCTOS DE LOS CAPÍTULOS 61 Y 62 DEL SISTEMA ARMONIZADO Por iniciativa de una o más Repúblicas de la Parte CA, y después de entablar consultas en el Comité de Asociación, el Consejo de Asociación podrá decidir permitir temporalmente el uso de materiales no originarios adicionales, que se identificarán con ocho dígitos, para los productos de los capítulos 61 y 62 del Sistema Armonizado, siempre y cuando no haya producción de estos materiales en las Partes. En estas circunstancias, estos materiales serán considerados como originarios a efectos de las normas de origen del apéndice 2 del anexo II (Relativo a la definición del concepto de "productos originarios" y métodos de cooperación administrativa) aplicables a los productos de los capítulos 61 y 62 del Sistema Armonizado. Tras las consultas en el Comité de Asociación, el uso de los citados materiales no se deberá permitir cuando una Parte demuestre que existe producción de estos materiales en las Partes.

DECLARACIÓN DE LA PARTE UE SOBRE PROTECCIÓN DE DATOS DE CIERTOS PRODUCTOS REGULADOS En las negociaciones del título VI (Propiedad intelectual) de la parte IV del presente Acuerdo, las Partes han acordado que los datos no divulgados sobre seguridad y eficacia presentados como una condición para obtener la aprobación de la comercialización de nuevos productos farmacéuticos y productos químicos agrícolas no se protegerán mediante una disposición específica, sino a través de los principios de trato nacional y trato de nación más favorecida consagrados en el artículo 230 del título VI (Propiedad intelectual) de la parte IV del presente Acuerdo. Adicionalmente se acordó que el mecanismo bilateral de solución de controversias consagrado en el Acuerdo de Asociación se aplicará a cualquier controversia que surja al respecto.

Tras examinar la legislación pertinente de cada una de las Repúblicas de la Parte CA, la Parte UE considera que esta legislación, al proporcionar periodos de protección de al menos cinco años para los productos farmacéuticos y diez años para los productos químicos agrícolas, ofrece un nivel satisfactorio de protección que corresponde a las obligaciones internacionales pertinentes contraídas por las Repúblicas de la Parte CA, incluidos el artículo 39 del Acuerdo sobre los ADPIC de la OMC, el artículo 15.10 del Tratado de Libre Comercio entre República Dominicana, Centroamérica y Estados Unidos, y el artículo 15.10 del Tratado de Promoción Comercial entre Estados Unidos y Panamá.

DECLARACIÓN CONJUNTA NOMBRES CUYO REGISTRO HA SIDO SOLICITADO COMO INDICACIONES GEOGRÁFICAS EN UNA REPÚBLICA DE LA PARTE CA(*) (*) (Nota de Sinalevi: Mediante el aparte 29) sub aparte c) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó indicar que la Declaración Conjunta "Nombres cuyo registro ha sido solicitado como indicaciones geográficas en una República de la Parte CA" anteriormente indicada,no se incorpora al presente Acuerdo.anteriormente referido) Las Partes reconocen que, para los nombres que figuran en el presente documento, se han presentado solicitudes de registro como indicaciones geográficas en la Parte de origen. A efectos de protección en el territorio de la Parte UE, la Parte de origen comunicará a la Parte UE la finalización de los procedimientos nacionales de protección aplicables. Una vez que estos nombres hayan sido correctamente registrados como indicaciones geográficas en la Parte de origen, estos nombres se someterán a los procedimientos y serán protegidos según lo establecido en el artículo 245 del título VI (Propiedad intelectual) de la parte IV del presente Acuerdo, siempre que se hayan cumplido los requisitos formales para su solicitud en la Parte UE a más tardar un año antes de la entrada en vigor.

Lista de nombres para los que se han presentado solicitudes:

PaísNombreProducto
1Costa RicaDota-Tarruzú PuroCafé
2Costa RicaLos SantosCafé
3Costa RicaOrosiCafé
4Costa RicaTres RíosCafé
5Costa RicaTurrialbaCafé
6Costa RicaTarrazúCafé
7Costa RicaWest Valley (Valle occidental)Café
8Costa RicaBruncaCafé
9Costa RicaCentral Valley (Valle central)Café
10Costa RicaCafé de Costa RicaCafé
11Costa RicaGuanacasteCafé
12Costa RicaQueso TurrialbaQuesos
13El SalvadorCafé Tecapa - Chinameca
14El SalvadorCafé del la Cordillera del BálsamoCafé
15El SalvadorBálsamo de la Cordillera del BálsamoBálsamo
16El SalvadorCafé de AlotepequeCafé
17El SalvadorCafé del Volcán de San SalvadorCafé
18El SalvadorCafé de CacahuatiqueCafé
19El SalvadorCafé del PlatanalCafé
20El SalvadorQueso Duro BlandoQuesos
21El SalvadorQueso Seco AñejoQuesos
22El SalvadorQueso MoroliqueQuesos
23El SalvadorQueso CapitaQuesos
24El SalvadorQuesillo de El SalvadorQuesos
25El SalvadorQueso PueblaQuesos
26El SalvadorQueso Capa RojaQuesos
27El SalvadorQueso de TerrónQuesos
28HondurasCafé CopánCafé
29HondurasCafé Azul MeambarCafé
30HondurasCafé MontecilloCafé
31HondurasCafé Agalta TropicalCafé
32HondurasCafé OpalacaCafé
33HondurasCafé ParaísoCafé
34HondurasCafé GuisayoteCafé
35HondurasCafé ErapucaCafé
36HondurasCafé CongolónCafé
37HondurasCafé CangualCafé
38HondurasCafé CamaparaCafé
39NicaraguaQuesillo de NagaroteQuesos
40NicaraguaQuesillo de ChontalesQuesos
41NicaraguaCacao de WaslalaCacao
42NicaraguaCacao de Río CocoCacao
43NicaraguaCacao de Nueva GuineaCacao
44NicaraguaCafé de KilambéCafé
45NicaraguaCafé de DipiltoCafé
46NicaraguaCafé MozonteCafé
47NicaraguaCafé WiwilíCafé
48NicaraguaMiel del SauceMiel
49NicaraguaMiel de MateareMiel
50NicaraguaMiel de BelénMiel
51PanamáCafé de altura de PanamáCafé
52PanamáCafé de bajura de PanamáCafé
53PanamáCoco de tres filos de ColónCoco
54PanamáPiña de ChorreraPiña

DECLARACIÓN CONJUNTA SOBRE UNIONES ADUANERAS DE LA PARTE UE(*) (*) (Nota de Sinalevi: Mediante el aparte 29) sub aparte d) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó indicar que la Declaración Conjunta sobre uniones aduaneras de la Parte UE anteriormente indicada no se incorpora al presente Acuerdo..anteriormente referido) La Parte UE señala que los Estados con los que tenga establecida una unión aduanera en la fecha de la firma del presente Acuerdo y cuyos productos no se beneficien de concesiones arancelarias en virtud del presente Acuerdo tienen la obligación, en relación con los países que no son miembros de la Unión Europea, de adaptarse al Arancel Aduanero Común y, progresivamente, al régimen de preferencias aduaneras de la Unión Europea, tomando las medidas necesarias y negociando acuerdos sobre la base de ventajas mutuas con los países de que se trate.

Por consiguiente, la Unión Europea ha invitado a las Repúblicas de la Parte CA a entablar negociaciones con dichos Estados lo antes posible.

Las Repúblicas de la Parte CA informan que harán lo posible para negociar con dichos Estados un acuerdo por el que se establezca una zona de libre comercio.

DECLARACIÓN UNILATERAL DE EL SALVADOR SOBRE EL ARTÍCULO 290 "COMERCIO DE PRODUCTOS PESQUEROS" DEL TÍTULO VIII (COMERCIO Y DESARROLLO SOSTENIBLE) DE LA PARTE IV DEL PRESENTE ACUERDO El Salvador suscribe el artículo 290 del título VIII (Comercio y desarrollo sostenible) de la Parte IV del presente Acuerdo, sin perjuicio de la situación jurídica de El Salvador con respecto a la Convención de las Naciones Unidas sobre el Derecho del Mar y sus anexos.

PROTOCOLO SOBRE COOPERACIÓN CULTURAL1015 1015 Ninguna disposición del presente Protocolo estará sujeto al título X (Solución de controversias) de la parte IV del presente Acuerdo.

Considerando lo siguiente:

COMO SIGNATARIOS de la Convención de la UNESCO sobre la Protección y la Promoción de la Diversidad de las adelante, "la Convención de la UNESCO"), que entró en vigor el 18 de marzo de 2007, las Partes tienen intención de aplicar efectivamente la Convención de la UNESCO y cooperar en el marco de su aplicación sobre la base de los principios de la Convención y mediante el desarrollo de acciones acordes con las disposiciones de la misma, en particular sus artículos 14, 15 y 16; RECONOCIENDO la importancia de las industrias culturales y la naturaleza multifacética de las mercancías y servicios culturales como actividades de valor cultural, económico y social; RECORDANDO que los objetivos del presente Protocolo se completan y refuerzan mediante instrumentos políticos, presentes y futuros, gestionados en otros marcos, con vistas a:

  • a)reforzar las capacidades y la independencia de las industrias culturales de las Partes; b) promover el contenido cultural local y regional; c) reconocer, proteger y fomentar la diversidad cultural como condición para el éxito del diálogo entre culturas; d) reconocer, proteger y promover el patrimonio cultural, así como fomentar su reconocimiento por las poblaciones locales y reconocer su valor como medio de expresión de las identidades culturales.

DESTACANDO la importancia de facilitar la cooperación cultural entre las Partes y teniendo en cuenta a estos fines, caso por caso, el grado de desarrollo de sus industrias culturales, el nivel de los intercambios culturales y sus desequilibrios estructurales, así como la existencia de regímenes para el fomento del contenido cultural local y regional, entre otras cosas; VISTO el título VIII (Cooperación cultural y audiovisual) de la parte III del presente Acuerdo y deseando desarrollar más la cooperación; OBSERVANDO que, en lo relativo a la implementación del presente Protocolo, el establecimiento de un Subcomité de Cooperación en el artículo 8, apartado 7, del título II (Marco institucional) de la parte I del presente Acuerdo debe incluir funcionarios que tengan competencia en cuestiones y prácticas culturales.

ANEXO IV

DISPOSICIONES ESPECIALES SOBRE COOPERACIÓN ADMINISTRATIVA

ANEXO V

ANEXO VI

ANEXO VII

ANEXO VIII

ANEXO IX

ANEXO X

SECCIÓN A

SECCIÓN B

Sección B Repúblicas de la parte CA Costa Rica Parte CA

Sección B El Salvador Parte CA

Sección B Guatemala Parte CA

Sección B Honduras Parte CA

Sección B Nicaragua Parte CA

Sección B Panamá Parte CA

ANEXO XI

SECCIÓN A(*)

SECCIÓN B

Seccion B República de la parte CA Costa Rica

Seccion B República de la Parte CA El Salvador

Seccion B República de la Parte CA Guatemala

Seccion B República de la parte CA Honduras

Seccion B República de la parte CA Nicaragua

Seccion B República de la parte CA Panamá

ANEXO XII

ANEXO XIII

ANEXO XIV

ANEXO XV

ANEXO XVI

SECCIÓN A

Capítulo 25: Sal, azufre, tierras y piedras, yesos, cales y cementos

Capítulo 26: Minerales, escorias y cenizas

Capítulo 29: Químicos orgánicos

Capítulo 30: Productos farmacéuticos

Capítulo 31: Fertilizantes

Capítulo 33: Aceites esenciales y resinoides, preparaciones de perfumería, de tocador o de cosmética

Capítulo 35: Materias albuminoideas, colas; enzimas

Capítulo 37: Productos fotográficos o cinematográficos

Capítulo 38: Productos diversos de las industrias químicas

Capítulo 39: Resinas artificiales y materiales plásticos, esteres y éteres de celulosa, artículos relacionados

Capítulo 40: Caucho, caucho sintético, materias plásticas, y manufacturas de estas materias

Capítulo 41: Pieles (excepto la peletería) y cueros

Capítulo 43: Peletería o confecciones de peletería; peletería artificial o facticia

Capítulo 44: Madera, carbón vegetal y manufacturas de madera

Capítulo 45: Corcho y artículos de corcho

Capítulo 46: Manufacturas de espartería o de cestería

Capítulo 47: Material para la elaboración de papel

Capítulo 48: Papel o cartón; manufacturas de pasta de celulosa, de papel o de cartón

Capítulo 49: Libros impresos, periódicos, fotografías y otros productos de la industria

Capítulo 65: Artículos de sombrerería y sus partes

Capítulo 66: Paraguas, quitasoles, bastones, látigos, fustas y sus partes

Capítulo 67: Plumas y plumón preparados y artículos de plumas o plumón; flores

Capítulo 68: Manufacturas de piedra, yeso, cemento, amianto, mica o materias análogas

Capítulo 69: Productos cerámicos

Capítulo 70: Vidrio y manufacturas de vidrio

Capítulo 73: Manufacturas de fundición, de hierro o de acero

Capítulo 74: Cobre y manufacturas de cobre

Capítulo 75: Níquel y manufacturas de níquel

Capítulo 76: Aluminio y manufacturas de aluminio

Capítulo 77: Magnesio y berilio y sus manufacturas

Capítulo 78: Plomo y manufacturas de plomo

Capítulo 79: Cinc y manufacturas de cinc

Capítulo 80: Estaño y manufacturas de estaño

Capítulo 81: Los demás metales comunes empleados en metalurgia y sus manufacturas

Capítulo 83: Manufacturas diversas de metales comunes

Capítulo 84: Calderas, máquinas y artefactos mecánicos y sus partes

Capítulo 85: Máquinas, aparatos y material eléctrico y sus partes

Capítulo 87: Vehículos, distintos de ferrocarril o tranvía, material rodante, y sus partes

Capítulo 89: Naves, barcos y demás estructuras flotantes

Capítulo 91: Relojería

Capítulo 94: Muebles; mobiliario médico-quirúrgico; artículos de cama y similares; aparatos de alumbrado no

Capítulo 95: Artículos y manufacturas de material para tallar o moldear

Capítulo 96: Escobas, cepillos, borlas y cedazos

Capítulo 98: Mercancías y productos diversos

SECCIÓN B

SECCIÓN C

SECCIÓN D

SECCIÓN E

SECCIÓN F

Sección A

Sección B

ANEXO XVII

ANEXO XVIII

ANEXO XIX

ANEXO XX

ANEXO XXI

1

Ámbito de aplicación, objetivos y definiciones 1. Sin perjuicio de las demás disposiciones del presente Acuerdo, el presente Protocolo establece el marco de cooperación de las Partes a fin de facilitar el intercambio de actividades, bienes y servicios de carácter cultural, incluido, entre otros, el sector audiovisual.

2. Sin perjuicio de su capacidad para elaborar y aplicar sus políticas culturales ni el futuro desarrollo de la misma, y con objeto de proteger y fomentar la diversidad cultural, las Partes procurarán colaborar con vistas a mejorar las condiciones que rigen sus intercambios de actividades, bienes y servicios de carácter cultural y corregir los desequilibrios que pudieran existir, así como garantizar intercambios culturales más amplios y equilibrados.

3. La Convención de la UNESCO constituye la referencia de todas las definiciones y conceptos utilizados en el presente Protocolo. Adicionalmente, para efectos del presente Protocolo, y en particular de su artículo 3, por "artistas y otros profesionales de la cultura", tal y como se contempla en el artículo 16 de la Convención de la UNESCO, se entenderán las personas físicas que realicen actividades culturales, produzcan bienes culturales o participen en el suministro directo de servicios culturales.

SECCIÓN A

DISPOSICIONES HORIZONTALES

2

Diálogo e intercambios culturales 1. Las Partes dirigirán sus esfuerzos a impulsar sus capacidades para determinar y elaborar sus políticas culturales, desarrollar sus industrias culturales y mejorar las oportunidades de las Partes con respecto al intercambio de bienes y servicios culturales, incluso mediante el trato preferencial, cuando proceda de conformidad con las legislaciones internas de las Partes respectivas.

2. Las Partes cooperarán con vistas al desarrollo de un entendimiento común y un mayor intercambio de información en asuntos culturales y audiovisuales a través del diálogo UE-Centroamérica, así como por lo que se refiere a las buenas prácticas en materia de protección de los derechos de propiedad intelectual que sean pertinentes para el presente Protocolo. Dicho diálogo tendrá lugar en el marco de los mecanismos establecidos en el Acuerdo, así como en otros foros pertinentes cuando proceda.

3

Artistas y otros profesionales de la cultura 1. Las Partes procurarán facilitar, de conformidad con sus respectivas legislaciones internas, la entrada y presencia temporal en sus territorios de artistas y otros profesionales de la cultura de la otra Parte, que sean:

  • a)artistas, actores, técnicos y otros profesionales de la cultura de la otra Parte que participan en el rodaje de películas cinematográficas o de programas de televisión; o b) artistas y otros profesionales de la cultura, como artistas visuales o plásticos, actores e instructores, compositores, autores, proveedores de servicios de entretenimiento y otros profesionales afines de la otra Parte, participantes en actividades culturales como, por ejemplo, grabaciones musicales, o la participación activa en actos culturales, como las ferias literarias y similares, siempre que:
  • a)no participen en la venta o el suministro de sus servicios ni reciban ninguna remuneración de una fuente situada en la Parte donde están permaneciendo temporalmente; y b) no participen en el suministro de un servicio en el marco de un contrato celebrado entre una persona jurídica que no tenga presencia comercial en la Parte donde el artista u otro profesional de la cultura está permaneciendo temporalmente y un consumidor de esta Parte.

2. Las Partes procurarán facilitar, de conformidad con sus respectivas legislaciones internas, la formación de los artistas y demás profesionales de la cultura, así como un contacto más estrecho entre ellos; por ejemplo entre a) productores teatrales, grupos de cantantes, miembros de bandas y orquestas; b) autores, compositores, escultores, profesionales de las artes escénicas y otros artistas individuales; c) artistas y otros profesionales de la cultura que participan en el suministro directo de espectáculos de circo, parques de atracciones y otros servicios recreativos similares; d) artistas y otros profesionales de la cultura que participan en el suministro directo de servicios de bailes de salón y discotecas e instructores de baile.

4

Asistencia técnica 1. La Parte UE procurará facilitar asistencia técnica a las Repúblicas de la Parte CA con objeto de contribuir al desarrollo de sus industrias culturales, al desarrollo e implementación de políticas culturales y al fomento de la producción y el intercambio de bienes y servicios culturales.

2. Las Partes acuerdan cooperar, incluso mediante la facilitación de apoyo, a través de diferentes medidas, entre otras, formación, intercambio de información, conocimientos especializados y experiencia, asesoramiento sobre elaboración de políticas y legislación, así como sobre el uso y transferencia de tecnologías y conocimientos técnicos. La asistencia técnica también podrá facilitar la cooperación entre empresas privadas, organizaciones no gubernamentales y asociaciones público-privadas.

SECCIÓN B

DISPOSICIONES SECTORIALES

5

Cooperación audiovisual, incluida la cinematografía 1. Las Partes fomentarán la negociación de nuevos acuerdos de coproducción, así como la aplicación de los acuerdos de coproducción vigentes entre uno o varios Estados miembros de la Unión Europea y una o varias Repúblicas de la Parte CA.

2. Las Partes, de conformidad con sus respectivas legislaciones internas, facilitarán el acceso de coproducciones entre uno o varios productores de la Parte UE y uno o varios productores de las Repúblicas de la Parte CA a sus respectivos mercados, a través de medidas apropiadas, incluida la facilitación de apoyo a través de la organización de festivales, seminarios e iniciativas similares.

3. Cada Parte favorecerá, como proceda, que se promueva su territorio como ubicación para rodar películas cinematográficas y programas de televisión.

4. Las Partes, de conformidad con sus respectivas legislaciones internas, examinarán y permitirán la importación o admisión temporal, según proceda, de los materiales y equipos técnicos necesarios para que los profesionales de la cultura del territorio de una Parte rueden las películas cinematográficas y los programas de televisión en el territorio de la otra Parte.

6

Artes escénicas 1. Las Partes acuerdan cooperar, de conformidad con su respectiva legislación interna, incluso facilitando un mayor contacto entre practicantes de las artes escénicas en ámbitos como los intercambios profesionales y la formación, que puede incluir, entre otras cosas, la participación en pruebas de selección, el desarrollo de redes de contacto y la promoción de las mismas.

2. Las Partes fomentarán las producciones conjuntas en el ámbito de las artes escénicas entre productores de uno o varios Estados miembros de la Unión Europea y de una o varias Repúblicas de la Parte CA.

3. Las Partes alentarán la elaboración de normas internacionales sobre tecnología teatral y el uso de señalización de elementos escénicos. Facilitarán la cooperación para conseguir este objetivo.

7

Publicaciones Las Partes acuerdan cooperar, de conformidad con su respectiva legislación interna, incluso facilitando los intercambios y la difusión de las publicaciones de la otra Parte en ámbitos como:

  • a)la organización de ferias, seminarios, actos literarios y actos similares relacionados con las publicaciones, incluidas las estructuras móviles para lecturas públicas; b) la facilitación de la copublicación y de traducciones; c) la facilitación de intercambios profesionales y de formación para bibliotecarios, escritores, traductores, libreros y editores.
8

Protección de sitios y monumentos históricos Las Partes acuerdan cooperar, incluso mediante la facilitación de apoyo para alentar los intercambios de conocimientos especializados y mejores prácticas relativas a la protección de sitios y monumentos históricos, teniendo presente la misión de patrimonio mundial de la UNESCO. Incluye la facilitación de intercambio de expertos, la colaboración en materia de formación profesional, la sensibilización del público local y asesoría sobre la protección de los monumentos históricos y espacios protegidos, así como sobre la legislación e implementación de medidas relacionadas con el patrimonio, en particular, su integración en la vida local. Dicha cooperación será conforme a las respectivas legislaciones internas de las Partes.

SECCIÓN C

DISPOSICIONES FINALES

9

1. Las disposiciones del presente Protocolo se aplicarán entre la Parte UE y cada una de las Repúblicas de la Parte CA desde el primer día del mes siguiente a la fecha en que esa República de la Parte CA haya depositado su instrumento de ratificación de la Convención de la UNESCO.

2. Si todas las Repúblicas de la Parte CA han depositado sus instrumentos de ratificación de la Convención de la UNESCO antes del intercambio de notificaciones al que se hace referencia en el artículo 353(*), apartados 2 y 3, de la Parte V (Disposiciones generales y finales) del presente Acuerdo, las disposiciones del presente Protocolo se aplicarán a partir de la entrada en vigor del presente Acuerdo.

(*) (Nota de Sinalevi: Mediante el aparte 16) sub aparte b) del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019", se acordó indicar que no se incorpora al presente Acuerdo ni el artículo 353 ni tampoco referencia alguna al artículo 353) SECRETARÍA GENERAL DEL SISTEMA DE LA INTEGRACIÓN CENTROAMERICANA (SG-SICA) CERTIFICACIÓN CDR/C/12/033 El infraescrito Secretario General del Sistema de la Integración Centroamericana (SICA), CERTIFICA: que el texto adjunto es copia fiel del original "ACUERDO POR EL QUE SE ESTABLECE UNA ASOCIACIÓN ENTRE CENTROAMÉRICA, POR UN LADO, Y LA UNIÓN EUROPEA Y SUS ESTADOS MIEMBROS, POR OTRO", suscrito por los Excelentísimos Señores Ministros de Relaciones Exteriores y los Excelentísimos Señores Ministros de Integración Económica de las Repúblicas de Guatemala, El Salvador, Honduras, Nicaragua, Costa Rica y Panamá; el cual fue rubricado a los veintinueve días del mes de junio de dos mil doce en la Ciudad de Tegucigalpa, República de Honduras. La certificación del Acuerdo consta de cuatrocientas treinta y cinco hojas útiles utilizadas en su anverso y reverso, y diez hojas útiles, donde constan las firmas, utilizadas en su anverso. Sus anexos constan de cuatro mil quinientas trece hojas útiles utilizadas en su anverso y reverso. El Acuerdo y sus Anexos son copia fiel y exacta de su original, que se encuentran depositados en esta Secretaría General del SICA.

Y para ser presentada al Ministerio de Relaciones Exteriores y Culto de la República de Costa Rica, se extiende la presente Certificación en la sede de la Secretaría General del Sistema de la Integración Centroamericana (SICA), en la ciudad de San Salvador, República de El Salvador, a los nueve días del mes de agosto de dos mil doce. Juan Daniel Alemán Gurdián Secretario General __________________________________________________________________________ Boulevard Orden de Malta #470 Urb. Santa Elena, Antiguo Cuscatlán, El Salvador, Centroamérica.

PBX : (503) 2248-8800 www.sica.int/sgsica [email protected] ASESORÍA JURÍDICA MINISTERIO DE COMERCIO EXTERIOR ______________________________________________________________________________________ ROBERTO GAMBOA CHAVERRI, DIRECTOR DE LA ASESORÍA JURÍDICA DEL MINISTERIO DE COMERCIO EXTERIOR, CERTIFICA: Que las fotocopias que anteceden, numeradas de la uno a la cuatro mil novecientos sesenta y uno, las cuales llevan calzado el sello de la Dirección de Asesoría Legal del Ministerio de Comercio Exterior, son fieles de la certificación emitida por el señor Juan Daniel Alemán Gurdián, Secretario General del Sistema de la Integración Centroamericana, en la Ciudad de San Salvador, República de El Salvador, a los nueve días del mes de agosto del año dos mil doce, del texto auténtico firmado en español del Acuerdo por el que se establece una Asociación entre Centroamérica, por un lado, y la Unión Europea y sus Estados miembros, por otro, suscrito en Tegucigalpa, Honduras, el veintinueve de junio de dos mil doce, la cual se encuentra custodiada en los archivos institucionales del Ministerio de Comercio Exterior. ES CONFORME.

------------------------------------------------------------------------------------------------ Se expide la presente certificación en la ciudad de San José, a las diez horas del día nueve del mes de agosto del año dos mil doce.-------------------------

San José, 17 de diciembre de 2012 DM-00743-12 Diputada Jeannette Ruiz Delgado Presidenta Comisión Permanente Especial de Relaciones Internacionales y Comercio Exterior Asamblea. Legislativa Estimada señora Diputada:

En relación con el expediente No. 18.563, "Ley de Aprobación del Acuerdo por el que se establece una Asociación entre Centroamérica, por un lado, y la Unión Europea y sus Estados Miembros, por otro; y la aprobación por parte de la República de Costa Rica de la Enmienda al Artículo XXI de la Convención sobre el Comercio Internacional de Especies Amenazadas de Fauna y Flora Silvestres, adoptada en reunión extraordinaria de la conferencia de las partes, en Gaborone, Botswana, el 30 de abril de 1983", adjunto las notas diplomáticas a las que hice referencia ante esta Comisión, el pasado 6 de diciembre de 2012.

Tales notas aluden a errores de forma específicos que fueron detectados en los textos del Acuerdo relacionados con los otros países centroamericanos (exceptuando el caso de Costa Rica). En el caso de Panamá, estos errores hacen referencia a la descripción correcta de la partida arancelaria 23.06, la numeración de un inciso arancelario y la referencia correcta a su nomenclatura arancelaria. Por otra parte, Panamá y los otros países centroamericanos estimaron pertinente corregir un error de forma detectado en la traducción en su sección respectiva de los Anexos XI, XIII Y XlV.

Debo indicar que estas correcciones de forma no modifican los derechos y obligaciones asumidos por nuestro país y por la Unión Europea en el marco de la negociación y el Acuerdo cuya aprobación conoce la Comisión a su digno cargo.

Se adjuntan las notas intercambiadas donde constan dichos errores y la traducción de cortesía respectiva del texto de la nota remitida por la Secretaría General de la Unión Europea, con el propósito de que se incorporen al expediente.

Anabel González Ministra Tel: (506) 2299-4904 / Fax: (506) 2233-9176 / E-mail: [email protected] Apdo.: 297-1007 Centro Colón, San José, Costa Rica SECRETARÍA GENERAL DEL SISTEMA DE LA INTEGRACiÓN CENTROAMERICANA (SG - SICA) CERTIFICACiÓN CDRlC/121045 La Secretaria General del Sistema de la Integración Centroamericana (SICA). CERTIFICA: que se recibió la nota con referencia SICA-2-12-2012de fecha 05 de diciembre de 2012, por parte del Ministro de Relaciones Exteriores República de Nicaragua en su calidad de Presidencia Pro Témpore, en la que solicita la ramisión de la certificación de dichas notas a todos los países de Centroamérica, las cuales contienen la lista de errores encontrados en el "Acuerdo por el que se establece una Asociación entre Centroamérica, por un lado, y la Unión Europea y sus Estados Miembros, por el otro".

Por lo que se adjunta a la presente. fotocopias certificadas de las notas:

  • 1)Nota original del Ministerio de Fomento, Industria y Comercio de Nicaragua DMOSD-0408-10-12-JBC de fecha de 30 de octubre de 2012. (dos folios); 2) Nota original del Ministerio de Economía de la República de El Salvador, Ref: DIR/CARTA/12/527/JV de fecha 1 de noviembre de 2012. (tres folios); 3) Nota original de la Secretaría de Industria y Comercio de la República de Honduras. DGIEP-517-2012 de fecha de 1 de noviembre de 2012. (dos folios); 4) Nota original del Ministro de Comercio e Industrias de la República de Panamá. D.M.-N-1907-12 de fecha 07 de noviembre de 2012. (tres folios); 5) Nota original del Ministro de Relaciones Exteriores de la República de Guatemala, 11-32079-2006 EB/gb 15400112212 de fecha 7 de noviembre de 2012. (tres folios); 6) Nota original del Ministro a.i. de Comercio Exterior de la República de Costa DM-00647-12 de fecha 8 de octubre de 2012. (dos folios) 7) Nota Verbal original en idioma inglés de la Secretaria General de Consejo de la Unión Europea SGS12/011426, con el listado de errores; de fecha de 19 de octubre de 2012. (tres folios).

n Las notas adjuntas son copias fieles y exactas de sus originales remitidas en esta Secretaría General del SICA. Se extiende la presente Certificación en la sede de la Secretaría General del Sistema de la Integración Centroamericana (SICA), en la ciudad de San Salvador, República de El Salvador, a los diecisiete días del mes de diciembre de dos mil doce.

Estimados Señores Ministros:

Tengo el agrado de dirigirme a Ustedes en calidad de Presidencia Pro Tempere del Subsistema de lntegracion Económica Centroamericana (PPT), en relación con el "Acuerdo por el que se establece una Asociación entre Centroamérica. por un lado, y la Unión Europea y sus Estados Miembros. por otro" (en adelante, el Acuerdo), y concretamente a las gestiones realizadas por algunos países de la región para procurar la pronta aclaración de errores de forma, encontrados en la versión en español del texto en su parte comercial, específicamente en los Anexos I, XI, Xlll y XIV del Acuerdo los cuales se citan a continuación:

I.El Gobierno de la República de Panamá entiende que en el programa de desgravación de Panamá, establecido en el Anexo 1 (Lista de Panamá), página EU/CENTR-AM/Anexo I/es 1939, la descripción correcta de la partida arancelaria a 23.06 se debe leer de la siguiente forma en su versión en español: "Tortas y demás residuos sólidos de la extracción de grasas o aceites vegetales, incluso molidos o en "pellets", excepto los de las partidas 23.04 o 23.05.

Il- El Gobierno de la República de Panamá entiende que en el programa de desgravación de Panamá, establecido en el Anexo 1 (Lista de Panamá), página EU/('ENTR-A ívi/Anexo I/es 2354, la numeración correcta del inciso arancelario correspondiente a "Fregaderos (piletas de lavar) y tinas de baños" es la "6910.90.20 ".

lll. El Gobierno de la República de Panamá entiende que en el programa de desgravación de Panamá, establecido en el Anexo I (Lista de Panamá), páginas EU/CENTR-AM//lnexo I/es 2167 a EU/CENTR-AA1/Anexol/es 2238 y páginas EU/CENTR-AM/Anexo1/es/2427 a EU/CENTR-AM/Anexo I/es 2684, el encabezado de la primera columna de la tabla se debe leer de la siguiente forma en su versión en español. "Código Panamá 2007 " IV- Los Gobiernos de las Repúblicas de El Salvador, Nicaragua y Panamá entienden que en el Anexo Xl, páginas EU/CENTR-AM/Anexo Xl/es 89, EU/CENTR-AM/Anexo Xl/es 201 y EU/CENTR-AM/Anexo Xl/es 244 respectivamente. el párrafo 8 en cada una de estas páginas debe leerse de la siguiente formo en su versión en español:

8 Los derechos y obligaciones que emanan de la presente lista de compromisos no tendrán efectos por si mismos y, por consiguiente, no confieren derechos directamente a las personas naturales o jurídicas individuales.

v- Los Gobiernos de las Repúblicas de El Salvador, Guatemala, Honduras y Nicaragua entienden que en el Anexo XlIl, páginas EU/CENTR-AM/Anexo XIIIl/es 20, EU/CENTR-AM/AnexoXIl/es 62. EU/CENTR-AM/Anexo Xlll/es 89, EU/CENTR-AM/Anexo Xlll/es 114 respectivamente, el párrafo 11 en cada uno de estas páginas debe leerse de la siguiente forma en su versión en español:

11. Los derechos y obligaciones que emanan de la presente lista de compromisos no tendrán efectos por sí mismos y, por consiguiente, no confieren derechos directamente a las personas natura/es o jurídicas individuales VI.- El Gobierno de la República de Panamá entiende que en el Anexo XIV página EU/CENTR-AM/Anexo XIV/es 85. el párrafo 11 debe leerse de la siguiente forma en su versión en español:

11. Los denechos y obligaciones que emanan de la presente lista de compromisos no tendrán efectos por sí mismos y. por consiguiente, no confieren derechos directamente a las personas naturales o jurídicas individuales.

En consulta y a solicitud de los paises centroamericanos, esta PPT gestionó ante la Unión Europea la rectificación de los errores deforma afiles citados, manifestando ésta expresamente su aceptación de las correcciones, Agradeceremos a todos los países centroamericanos manifestar normalmente su consentimiento, de manera que todas las Partes del Acuerdo puedan proceder a realizar las aclaraciones solicitadas, las cuales se harón únicamente en relación con tos asuntos listados y no afectan los acuerdos alcanzados entre las Parles del Acuerdo Aprovechamos la oportunidad para confirmar la anuencia del Gobierno de la República de Nicaragua a las aclaraciones citadas.

Con las muestras de mi más alta consideración y estima les saludo cordialmente, El Ministerio de Economía de El Salvador les saluda para refrirse a la nota ]DMOSD-0408-10-12-IBC de fecha 30 de octubre de 2012 y suscrita por el Ministro de Fomento, Industria y Comercio de Nicaragua, Orlando Solórzano Delgadillo, en su condición de Presidencia pro Témpore del Subsistema de Integración Económica Centroamericana, relacionada con el "Acuerdo por el que se establece una asociación entre Centroamérica por un lado y la Unión europea y sus Estados miembros, por otro " (en adelante, el Acuerdo y la aclaración de errores de forma encontrados en la versión en español del texto en su parte comercial específicamente en los Anexos I, XI, XIII y XIV del Acuerdo, y que se indica.

Tengo el gusto de dirigirme a ustedes en calidad de Presidencia Pro Témpore del Subsistema de Integración Económica Centroamericana, en relación con el "Acuerdo por el que se establece una asociación entre Centroamérica, por un lado, y la Unión Europea y sus Estados Miembros, por otro" (en adelante el Acuerdo). Al respecto varios países de la región han realizado gestiones para procurar la pronta aclaración de errores de forma encontrados en la versión en español del texto en su parte comercial, específicamente en los Anexos I, XI, XIII y XIV del Acuerdo, los cuales se sitan a continuación:

I.El Gobierno de la República de Panamá entiende que el programa de desgravación de Panamá, establecido en el Anexo I (lista de panamá), página EU/CENTR-AM/Anexo I/es 1939, la descripción correcta de la partida arancelaria a 23.06 se debe leer de la siguiente forma en su versión en español: "Tortas y demás residuos sólidos de la extracción de grasas o aceites vegetales, incluso molidos o en "pellets", excepto los de las partidas 23.04 ó 23.05".

II.El Gobierno de la República de Panamá entiende que en el programa de desgravación de Panamá, establecido en el Anexo I (Lista de Panamá), página EU/CENTR-AM/Anexo 1/es 2354, la numeración correcta del inciso arancelario corresponde a "Fregaderos (piletas de lavor) y tintas de baños" es la "6910.90.20".

III.El Gobierno de la República de Panamá entiende que en el programa de desgravación de Panamá, establecido en el Anexo I (Lista de Panamá), páginas EU/CENTR-AM//lnexo I/es 2167 a EU/CENTR-AA1/Anexol/es 2238 y páginas EU/CENTR-AM/Anexo1/es/2427 a EU/CENTR-AM/Anexo I/es 2684, el encabezado de la primera columna de la tabla se debe leer de la siguiente forma en su versión en español. "Código Panamá 2007 "

IV.Los Gobiernos de las Repúblicas de El Salvador, Nicaragua y Panamá entienden que en el Anexo XI, páginas EU/CENTR-AM/Anexo XI/es 89, EU/CENTR-AM/Anexo XI/es 201 y EU/CENTR-AM/Anexo XI/es 244 respectivamente, el párrafo 8 en cada una de estas páginas debe leerse de la siguiente forma en su versión ene español:

8. Los derecho y obligaciones que emanan de la presente lista de compromisos no tendrán efectos por sí mismos y, por consiguiente, no confieren derechos directamente a las personas naturales o jurídicas individuales.

V.Los Gobiernos de las Repúblicas de El Salvador, Guatemala, Honduras y Nicaragua entienden que en el Anexo XIII, páginas EU/CENTR-AM/Anexo XIII/es 20, EU/CENTR-AM/Anexo XIII/es 62, EU/CENTR-AM/Anexo XIII/es 89, EU/CENTR-AM/Anexo XIII/es 114 respectivamente, el párrafo 11 en cada una de esatas páginas debe leerse de la siguiente forma en su versión en español

11. Los derechos y obligaciones que emanen de la presente lista de compromisos no tendrán efectos por sí mismos y, por consiquiente, no confieren derechos directamente a las personas naturales o jurídicos individuales.

VI.El Gobierno de la República de Panamá entiende que en el Anexo XIV, página EU/CENTR-AM/Anexo XIV/es 85, el párrafo 11 debe leerse de la siguiente forma en su version en español.

11. Los derechos V obligaciones que emanan de la presente lista de cornprornisos no tendrán efectos por si mismos y, por consiguiente, no confieren derechos directamente a las personas naturales o jurídicas indivuduales.

En consulta y a solicitud de los países centroamericanos, esta PPT gestionó ante la Unión Europea la rectificación de 105 errores de forma citados manifestando ésta expresamente su aceptación de las correcciones.

Agradeceremos a todos los paises centroamericanos manifestar formalmente su consentimiento, de manera que todas las Partes del Acuerdo puedan proceder a realizar las aclaraciones solícitadas las cuales se harán únicamente en relación con los asuntos listados y no afectan los acuerdos alcanzados entre las Partes del Acuerdo.

Aprovechamos la oportunidad para confirmar la anuencia del Gobierno de la República de Nicaragua o las aclaraciones citadas." En relación con estos asuntos, el Gobierno de la República de El Salvador manifiesta formalmente su consentimiento para que se proceda con las aclaraciones de los errores de forma citados Con las muestras de mi más alta consideración y estima.

El Secretario de Estado en los Despachos de Industria y Comercio de Honduras les saluda para referirse a la nota DMOSD-0408-1 0-12-J BC de fecha 30 de octubre de 2012 Y suscrita por Orlando Solórzano Delgadillo en su condición de Presidencia Pro Témpore del Subsistema de Integración Económica Centroamericana, referida al "Acuerdo por el que se establece una asociación entre Centroamérica, por un lado, y la Unión Europea y sus Estados Miembros, por otro" (en adelante, el Acuerdo) y la aclaración de errores de forma encontrados en la versión en español del texto en su parte comercial, específicamente en los Anexos I,XI, XIII y XIV del Acuerdo, y que indica:

"Tengo el gusto de dirigirme a ustedes en calidad de Presidencia Pro Tempore del Subsistema de lntegracion Económica Centroamericana (PPT). en relación con el "Acuerdo por el que se establece una Asociación entre Centroamérica, por un lado, y la Unión Europea y sus Estados Miembros, por otro (en adelante el Acuerdo). Al respecto, varios países de la región han realizado gestiones para procurar la pronta aclaración de errores de forma encontrados en la versión en español del texto en su parle comercial. específicamente en los Anexos l, XI, XIII, XIV del Acuerdo, los cuales se citan a continuación l. El Gobierno de la República de Panamá entiende que en el programa de desgravación de Panamá establecido en el AnexoI (Lista de Panamá). página EU/CENTR-AM/Anexo I/es 1939 la descripción correcta de la partida arancelaria a 23.06 se debe leer de la siguiente forma en su versión en español. "Tortas y demás residuos solidos de la extraccion de grasas o aceites vegetales. incluso molidos o en "pellets ''. excepto los de las partidas 23.04 ó 23.05 .

II.El Gobierno de la República de Panamá entiende que en el programa de desgravación de Panamá establecido en el Anexo I (Lista de Panamá) página EU/CENTR-AM/Anexo I/es 2354 la numeracion correcta del inciso arancelario correspondiente a "Fregaderos (piletas de lavar) y tinas de baños" es 6910.90.20

lll. El Gobierno de la República de Panamá entiende que en el programa de desgravación de Panamá, establecido en el Anexo I (Lista de Panamá), páginas EU/CENTR-AM//lnexo I/es 2167 a EU/CENTR-AA1/Anexol/es 2238 y páginas EU/CENTR-AM/Anexo1/es/2427 a EU/CENTR-AM/Anexo I/es 2684, el encabezado de la primera columna de la tabla se debe leer de la siguiente forma en su versión en español. "Código Panamá 2007 " IV- Los Gobiernos de las Repúblicas de El Salvador, Nicaragua y Panamá entienden Que en el Anexo XI páginas EU/CENTR-AM/Anexo XI/es 89, EU/CENTR-AM/Anexo XI/es 201 y páginas EU/CENTR-AM/Anexo XI/es 244 respectivamente el párrafo 8 en cada una de estas paginas debe leerse de la siguiente forma en su versión en español.

8. Los derechos y obligaciones que emanan de la presente lista de compromisos no tendrán efectos por si mismos y, por consiguiente, no confieren derechos directamente a las personas naturales o jurídicas individuales, V - Los Gobiernos de las Repúblicas de El Salvador, Guatemala, Honduras y Nicaragua entienden que en el Anexo XlII, páginas EU/CENTR-AM/Anexo Xllll/es 20, EU/CENTR-AM/Anexo Xllll/es 62, EU/CENTR-AM/Anexo Xllll/es 89, EU/CENTR-AM/Anexo Xllll/es 114 respectivamente el párrafo 11 en cada una de estas páginas debe leerse de la siguiente forma en su versión en español- 11. Los derechos y obligaciones que emanan de la presente lista de compromisos no tendrán efectos por si mismos y, por consiguiente, no confieren derechos directamente a las personas naturales jurídicas individuales VI.- El Gobierno de la República de Panamá entiende que en el Anexo XIV página EU/CENTR-AM/Anexo XIV/es 85, el párrafo 11 debe leerse de la siguiente forma en su versión en español 11. Los derechos y obligaciones que emanan de la presente lista de compromisos no tendrán electos por sí mismos y por consiguiente, no confieren derechos directamente a las personas naturales o jurídicas individuales, En consulta y a solicitud de los países centroamericanos, esta PPT gestionó ante la Unión Europea la rectificación de los errores de forma citados, manifestando ésta expresamente su aceptacton de las correcciones.

Agradeceremos a todos los países centroamericanos manifestar formalmente su consentimiento de manera que todas las Partes del Acuerdo puedan proceder a realizar las aclaraciones solicitadas, las cuales se harán únicamente en relación con los asuntos listados y no afectan los acuerdos alcanzados entre las Partes del Acuerdo.

Aprovechamos la oportunidad para confirmar la anuencia del Gobierno de la República de Nicaragua a las aclaraciones citadas. " En relación con estos asuntos, el Gobiemo de la República de Honduras manifiesta formalmente su consentimiento para que se proceda con las aclaraciones de los errores de forma listados, Con las muestras de mi más alta consideración y estima Respetada Señora ministra y Señores ministros:

El Ministerio de Comercio e Industrias de Panamá les saluda para referirse a la Nota DMOSD-0408-12-JBC de fecha 30 de octubre de 2012 y suscrita por el Señor Orlando Solórzano Delgadillo, Ministro de Fomento Indutria y Comercio de Nicaragua, en su condición de Presidencia Pro Témpore del Subsistema de Integrción Económica Centroamericana, por un lado, y la Unión Europea y sus Estados miembros, por otro (en adelante, el Acuerdo ) y la aclaración de errores de forma encontrados en la versión en español del texto en su punto comercial, específicamente en los Anexos I, XI, XIII y XIV del acuerdo y que indica Tengo el gusto de dirigirme a ustedes en calidad de Presidencia pro Témpore del Subsistema de Integración Económica Centroamericana (PDT), en relación con el acuerdo por el que se establece una Asociación entre centroamérica por un lado y la Unión europea y sus estados miembros, por otro (en adelante el Acuerdo) y concretamente en las gestiones realizadas por algunos países de la resión para procurar la pronta aclaración de errores de forma, encontrados en la versión en español del texto en su parte comercial específicamente en los anexos I, XI, XIII y XIV del Acuerdo los cuales se citan a continuación l. El Gobierno de la República de Panamá entiende que en el programa de desgravación de Panamá establecido en el Anexo I (Lista de Panamá). página EU/CENTR-AM/Anexo I/es 1939 la descripción correcta de la partida arancelaria a 23.06 se debe leer de la siguiente forma en su versión en español. "Tortas y demás residuos solidos de la extraccion de grasas o aceites vegetales. incluso molidos o en "pellets ''. excepto los de las partidas 23.04 ó 23.05 .

II.El Gobierno de la República de Panamá entiende que en el programa de desgravación de Panamá establecido en el Anexo I (Lista de Panamá) página EU/CENTR-AM/Anexo I/es 2354 la numeracion correcta del inciso arancelario correspondiente a "Fregaderos (piletas de lavar) y tinas de baños" es 6910.90.20

lll. El Gobierno de la República de Panamá entiende que en el programa de desgravación de Panamá, establecido en el Anexo I (Lista de Panamá), páginas EU/CENTR-AM//lnexo I/es 2167 a EU/CENTR-AA1/Anexol/es 2238 y páginas EU/CENTR-AM/Anexo1/es/2427 a EU/CENTR-AM/Anexo I/es 2684, el encabezado de la primera columna de la tabla se debe leer de la siguiente forma en su versión en español. "Código Panamá 2007 " IV- Los Gobiernos de las Repúblicas de El Salvador, Nicaragua y Panamá entienden Que en el Anexo XI páginas EU/CENTR-AM/Anexo XI/es 89, EU/CENTR-AM/Anexo XI/es 201 y páginas EU/CENTR-AM/Anexo XI/es 244 respectivamente el párrafo 8 en cada una de estas paginas debe leerse de la siguiente forma en su versión en español.

8. Los derechos y obligaciones que emanan de la presente lista de compromisos no tendrán efectos por si mismos y, por consiguiente, no confieren derechos directamente a las personas naturales o jurídicas individuales, V - Los Gobiernos de las Repúblicas de El Salvador, Guatemala, Honduras y Nicaragua entienden que en el Anexo XlII, páginas EU/CENTR-AM/Anexo Xllll/es 20, EU/CENTR-AM/Anexo Xllll/es 62, EU/CENTR-AM/Anexo Xllll/es 89, EU/CENTR-AM/Anexo Xllll/es 114 respectivamente el párrafo 11 en cada una de estas páginas debe leerse de la siguiente forma en su versión en español- 11. Los derechos y obligaciones que emanan de la presente lista de compromisos no tendrán efectos por si mismos y, por consiguiente, no confieren derechos directamente a las personas naturales jurídicas individuales VI.- El Gobierno de la República de Panamá entiende que en el Anexo XIV página EU/CENTR-AM/Anexo XIV/es 85, el párrafo 11 debe leerse de la siguiente forma en su versión en español 11. Los derechos y obligaciones que emanan de la presente lista de compromisos no tendrán electos por sí mismos y por consiguiente, no confieren derechos directamente a las personas naturales o jurídicas individuales, En consulta y a solicitud de los países centroamericanos, esta PPT gestionó ante la Unión Europea la rectificación de los errores de forma citados, manifestando ésta expresamente su aceptacton de las correcciones.

Agradeceremos a todos los países centroamericanos manifestar formalmente su consentimiento de manera que todas las Partes del Acuerdo puedan proceder a realizar las aclaraciones solicitadas, las cuales se harán únicamente en relación con los asuntos listados y no afectan los acuerdos alcanzados entre las Partes del Acuerdo.

Aprovechamos la oportunidad para confirmar la anuencia del Gobierno de la República de Nicaragua a las aclaraciones citadas. " En relación con estos asuntos, el Gobiemo de la República de Panamá manifiesta formalmente su consentimiento para que se proceda con las aclaraciones de los errores de forma listados, Con las muestras de mi más alta consideración y estima Respetada Señora ministra y Señores ministros:

El Ministerio de Comercio e Industrias de Guatemala les saluda para referirse a la Nota DMOSD-0408-12-JBC de fecha 30 de octubre de 2012 y suscrita por el Señor Orlando Solórzano Delgadillo, Ministro de Fomento Indutria y Comercio de Nicaragua, en su condición de Presidencia Pro Témpore del Subsistema de Integrción Económica Centroamericana, por un lado, y la Unión Europea y sus Estados miembros, por otro (en adelante, el Acuerdo ) y la aclaración de errores de forma encontrados en la versión en español del texto en su punto comercial, específicamente en los Anexos I, XI, XIII y XIV del acuerdo y que indica Tengo el gusto de dirigirme a ustedes en calidad de Presidencia pro Témpore del Subsistema de Integración Económica Centroamericana (PDT), en relación con el acuerdo por el que se establece una Asociación entre centroamérica por un lado y la Unión europea y sus estados miembros, por otro (en adelante el Acuerdo) y concretamente en las gestiones realizadas por algunos países de la resión para procurar la pronta aclaración de errores de forma, encontrados en la versión en español del texto en su parte comercial específicamente en los anexos I, XI, XIII y XIV del Acuerdo los cuales se citan a continuación l. El Gobierno de la República de Panamá entiende que en el programa de desgravación de Panamá establecido en el Anexo I (Lista de Panamá). página EU/CENTR-AM/Anexo I/es 1939 la descripción correcta de la partida arancelaria a 23.06 se debe leer de la siguiente forma en su versión en español. "Tortas y demás residuos solidos de la extraccion de grasas o aceites vegetales. incluso molidos o en "pellets ''. excepto los de las partidas 23.04 ó 23.05 .

II.El Gobierno de la República de Panamá entiende que en el programa de desgravación de Panamá establecido en el Anexo I (Lista de Panamá) página EU/CENTR-AM/Anexo I/es 2354 la numeracion correcta del inciso arancelario correspondiente a "Fregaderos (piletas de lavar) y tinas de baños" es 6910.90.20

lll. El Gobierno de la República de Panamá entiende que en el programa de desgravación de Panamá, establecido en el Anexo I (Lista de Panamá), páginas EU/CENTR-AM//lnexo I/es 2167 a EU/CENTR-AA1/Anexol/es 2238 y páginas EU/CENTR-AM/Anexo1/es/2427 a EU/CENTR-AM/Anexo I/es 2684, el encabezado de la primera columna de la tabla se debe leer de la siguiente forma en su versión en español. "Código Panamá 2007 " IV- Los Gobiernos de las Repúblicas de El Salvador, Nicaragua y Panamá entienden Que en el Anexo XI páginas EU/CENTR-AM/Anexo XI/es 89, EU/CENTR-AM/Anexo XI/es 201 y páginas EU/CENTR-AM/Anexo XI/es 244 respectivamente el párrafo 8 en cada una de estas paginas debe leerse de la siguiente forma en su versión en español.

8. Los derechos y obligaciones que emanan de la presente lista de compromisos no tendrán efectos por si mismos y, por consiguiente, no confieren derechos directamente a las personas naturales o jurídicas individuales, V - Los Gobiernos de las Repúblicas de El Salvador, Guatemala, Honduras y Nicaragua entienden que en el Anexo XlII, páginas EU/CENTR-AM/Anexo Xllll/es 20, EU/CENTR-AM/Anexo Xllll/es 62, EU/CENTR-AM/Anexo Xllll/es 89, EU/CENTR-AM/Anexo Xllll/es 114 respectivamente el párrafo 11 en cada una de estas páginas debe leerse de la siguiente forma en su versión en español- 11. Los derechos y obligaciones que emanan de la presente lista de compromisos no tendrán efectos por si mismos y, por consiguiente, no confieren derechos directamente a las personas naturales jurídicas individuales VI.- El Gobierno de la República de Panamá entiende que en el Anexo XIV página EU/CENTR-AM/Anexo XIV/es 85, el párrafo 11 debe leerse de la siguiente forma en su versión en español 11. Los derechos y obligaciones que emanan de la presente lista de compromisos no tendrán electos por sí mismos y por consiguiente, no confieren derechos directamente a las personas naturales o jurídicas individuales, En consulta y a solicitud de los países centroamericanos, esta PPT gestionó ante la Unión Europea la rectificación de los errores de forma citados, manifestando ésta expresamente su aceptacton de las correcciones.

Agradeceremos a todos los países centroamericanos manifestar formalmente su consentimiento de manera que todas las Partes del Acuerdo puedan proceder a realizar las aclaraciones solicitadas, las cuales se harán únicamente en relación con los asuntos listados y no afectan los acuerdos alcanzados entre las Partes del Acuerdo.

Aprovechamos la oportunidad para confirmar la anuencia del Gobierno de la República de Nicaragua a las aclaraciones citadas. " En relación con estos asuntos, el Gobiemo de la República de Guatemala manifiesta formalmente su consentimiento para que se proceda con las aclaraciones de los errores de forma listados, El Gobierno de la República de Guatemala que la Nota transcrita, la presente Nota y la aceptación de las correcciones de mérito por parte de la Unión Europea forman parte integral del Acuerdo, y entrarán en virgor por Guatemala de la misma forma y conjuntamente con aquel.

Con las muestras de mi más alta consideración y estima El Ministerio de Comercio Exterior de Costa Rica les saluda para referirse a la Nota DMOSD-0408-12-JBC de fecha 30 de octubre de 2012 y suscrita por el Señor Orlando Solórzano Delgadillo, Ministro de Fomento Indutria y Comercio de Nicaragua, en su condición de Presidencia Pro Témpore del Subsistema de Integrción Económica Centroamericana, por un lado, y la Unión Europea y sus Estados miembros, por otro (en adelante, el Acuerdo ) y la aclaración de errores de forma encontrados en la versión en español del texto en su punto comercial, específicamente en los Anexos I, XI, XIII y XIV del acuerdo y que indica.

Tengo el gusto de dirigirme a ustedes en calidad de Presidencia pro Témpore del Subsistema de Integración Económica Centroamericana (PDT), en relación con el acuerdo por el que se establece una Asociación entre centroamérica por un lado y la Unión europea y sus estados miembros, por otro (en adelante el Acuerdo) y concretamente en las gestiones realizadas por algunos países de la resión para procurar la pronta aclaración de errores de forma, encontrados en la versión en español del texto en su parte comercial específicamente en los anexos I, XI, XIII y XIV del Acuerdo los cuales se citan a continuación.

l. El Gobierno de la República de Panamá entiende que en el programa de desgravación de Panamá establecido en el Anexo I (Lista de Panamá). página EU/CENTR-AM/Anexo I/es 1939 la descripción correcta de la partida arancelaria a 23.06 se debe leer de la siguiente forma en su versión en español. "Tortas y demás residuos solidos de la extraccion de grasas o aceites vegetales. incluso molidos o en "pellets ''. excepto los de las partidas 23.04 ó 23.05 .

II.El Gobierno de la República de Panamá entiende que en el programa de desgravación de Panamá establecido en el Anexo I (Lista de Panamá) página EU/CENTR-AM/Anexo I/es 2354 la numeracion correcta del inciso arancelario correspondiente a "Fregaderos (piletas de lavar) y tinas de baños" es 6910.90.20

lll. El Gobierno de la República de Panamá entiende que en el programa de desgravación de Panamá, establecido en el Anexo I (Lista de Panamá), páginas EU/CENTR-AM//lnexo I/es 2167 a EU/CENTR-AA1/Anexol/es 2238 y páginas EU/CENTR-AM/Anexo1/es/2427 a EU/CENTR-AM/Anexo I/es 2684, el encabezado de la primera columna de la tabla se debe leer de la siguiente forma en su versión en español. "Código Panamá 2007 " IV- Los Gobiernos de las Repúblicas de El Salvador, Nicaragua y Panamá entienden Que en el Anexo XI páginas EU/CENTR-AM/Anexo XI/es 89, EU/CENTR-AM/Anexo XI/es 201 y páginas EU/CENTR-AM/Anexo XI/es 244 respectivamente el párrafo 8 en cada una de estas paginas debe leerse de la siguiente forma en su versión en español.

8. Los derechos y obligaciones que emanan de la presente lista de compromisos no tendrán efectos por si mismos y, por consiguiente, no confieren derechos directamente a las personas naturales o jurídicas individuales, V - Los Gobiernos de las Repúblicas de El Salvador, Guatemala, Honduras y Nicaragua entienden que en el Anexo XlII, páginas EU/CENTR-AM/Anexo Xllll/es 20, EU/CENTR-AM/Anexo Xllll/es 62, EU/CENTR-AM/Anexo Xllll/es 89, EU/CENTR-AM/Anexo Xllll/es 114 respectivamente el párrafo 11 en cada una de estas páginas debe leerse de la siguiente forma en su versión en español- 11. Los derechos y obligaciones que emanan de la presente lista de compromisos no tendrán efectos por si mismos y, por consiguiente, no confieren derechos directamente a las personas naturales jurídicas individuales VI.- El Gobierno de la República de Panamá entiende que en el Anexo XIV página EU/CENTR-AM/Anexo XIV/es 85, el párrafo 11 debe leerse de la siguiente forma en su versión en español 11. Los derechos y obligaciones que emanan de la presente lista de compromisos no tendrán electos por sí mismos y por consiguiente, no confieren derechos directamente a las personas naturales o jurídicas individuales, En consulta y a solicitud de los países centroamericanos, esta PPT gestionó ante la Unión Europea la rectificación de los errores de forma citados, manifestando ésta expresamente su aceptacton de las correcciones.

Agradeceremos a todos los países centroamericanos manifestar formalmente su consentimiento de manera que todas las Partes del Acuerdo puedan proceder a realizar las aclaraciones solicitadas, las cuales se harán únicamente en relación con los asuntos listados y no afectan los acuerdos alcanzados entre las Partes del Acuerdo.

Aprovechamos la oportunidad para confirmar la anuencia del Gobierno de la República de Nicaragua a las aclaraciones citadas. " En relación con estos asuntos, el Gobiemo de la República de Costa Rica manifiesta formalmente su consentimiento para que se proceda con las aclaraciones de los errores de forma listados, Con las muestras de mi más alta consideración y estima LISTADO DE ERRORES Lista de Panamá

Página N° EU/CENTR/AM/AnexoI/es 2354 Dice:

906910.90.20 Fregaderos (piletas de lavar) y tinas de baños 15 E 10%Debe Decir:

Debe decir:

6910.90.20 Fregaderos (piletas de lavar) y tinas de baños 15 E 10%Debe Decir:

Página N° EU/CENTR-AM/Anexo I/es 1939 Dice:

23.06 TORTAS Y DEMÁS RESIDUOS SÓLIDOS DE LA EXTRACCIÓN DE GRASAS O ACEITES VEGETALES, INCLUSO MOLIDOS O EN "PELLETS", EXCEPTO LOS DE LAS PARTIDAS 23.04 ó 23.051 Debe decir:

23.06 TORTAS Y DEMÁS RESIDUOS SÓLIDOS DE LA EXTRACCIÓN DE GRASAS O ACEITES VEGETALES, INCLUSO MOLIDOS O EN "PELLETS", EXCEPTO LOS DE LAS PARTIDAS 23.04 ó 23.05 Páginas N° EU/CENTR-AM/AnexoI/es 2167 a EU/CENTR-AM/Anexo I/es 2238 EU/CENTR-AM/Anexo I/2427 a EU/CENTRO/AnnexI/es 2684 Dice:

Código SAC 2007 Descripción Debe decir:

Código Panamá 2007 Descripción Lista de CA

LISTA DE COMPROMISOS SOBRE SUMINISTRO TRANSFRONTERIZO DE SERVICIOS Dice: "... no tendrán efectos jurídicos..." Debe decir: "... no tendrán efectos por sí mismos."

PaísUbicación del errorPágina N°
EL SalvadorPárrafo 8EU/CENTR-AM/Anexo XI/es 89
NicaraguaPárrafo 8EU/CENTR-AM/Anexo XI/ es 201
PanamáPárrafo 8EU/CENTR-AM/Anexo XI/ es 244

LISTA DE COMPROMISOS DE LA REPÚBLICAS DE LA PARTE CA SOBRE PERSONAL CLAVE Y APRENDICES GRADUADOS Dice ". no tendrán efectos jurídicos." Debe decir: ". no tendrán efectos por sí mismo."

PaísUbicación del errorPágina N°
EL SalvadorPárrafo 11EU/CENTR-AM/Anexo XIII/es 89
GuatemalaPárrafo 11EU/CENTR-AM/Anexo XIII/ es 62
HondurasPárrafo 11EU/CENTR-AM/Anexo XIII/ es 89
NicaraguaPárrafo 11EU/CENTR-AM/Anexo XIII/es 114

LISTA DE COMPROMISOS DE LAS REPÚBLICAS DE LA PARTE CA SOBRE VENDEDORES DE SERVICIOS COMERCIALES Dice: "... no tendrán efectos jurídicos..." Debe decir: ". no tendrán efectos por sí mismos." Panamá Párrafo 11 EU/CENTR-AM/Anexo XIV/es 85 ROBERTO GAMBOA CHAVERRI, DIRECTOR DE LA ASESORIA JURíDICA DEL MINISTERIO DE COMERCIO EXTERIOR, CERTIFICA: Que las fotocopias que anteceden, numeradas de la uno a la veinte, las cuales llevan calzado el sello de la Dirección de Asesoría Jurídica del Ministerio de Comercio Exterior, son fieles de la certificación COR/C/doce/cero cuarenta y cinco, emitida por la Secretaría General del Sistema de la Integración Centroamericana (SICA), en la Ciudad de San Salvador, República de El Salvador, a los diecisiete días del mes de diciembre del año dos mil doce, por la cual certifica los textos de las notas emitidas por los países de Centroamérica y la Secretaría General de la Unión Europea que de seguido se detaIIan: -------.---------------------------------------------------.,-------- --------------------------------- Nota del Ministerio de Fomento, Industria y Comercio de Nicara-gua, número OMOSD-cero cuatrocientos ocho-diez-doce-JBC , de fecha treinta de octubre de dos mil doce.--- ---------------- Nota del Ministerio de Economía de la República de El Salvador, número Ref: DIR/CARTA/doce/quinientos veintisiete/N, de fecha primero de noviembre de dos mil doce. ----- Nota de la Secretaría de Industria y Comercio de la República de Honduras, número OGIEPC- quinientos diecisiete-dos mil doce, de fecha primero de noviembre de dos mil doce.------------------ --Nota del Ministerio de Comercio e Industrias de la República de Panamá, número O.M.-N-mil novecientos siete-doce, de fecha siete de noviembre de dos mil doce.----­------------------------------- Nota del Ministerio de Relaciones Exteriores de la República de Guatemala, de fecha siete den Novi embre de dos mil doce. ----------------------------------------------------------------­ Nota del Ministerio de Comercio Exterior de la República de Costa Rica, número DM­ cero cero seiscientos cuarenta y siete-doce, de fecha ocho de octubre de dos mil doce.--------------------------- Nota Verbal en idioma inglés de la Secretaría General del Consejo de la Unión Europea, número SGS doce/cero once mil cuatrocientos veintiséis, de fecha diecinueve de octubre de dos mil doce, que adjunta el listado de errores en idioma español. ES CONFORME. ---------------- Se expide la presente certificación, para efectos de su remisión a la Asamblea legislativa, en la ciudad de San José, a las catorce horas del día diecisiete del mes de diciembre del año dos mil doce.-- TRADUCCIÓN DE CORTESÍA CONSEJO DE LA UNIÓN EUROPEA SECRETARÍA GENERAL SGS12/01426 NOTA VEBAL La Secretaría General del Consejo de la Unión Europea saluda atentamente a las partes centroamericanas del Acuerdo por el que se establece una Asociación entre la Unión Europea y sus Estados Miembros, por un lado, y Centroamérica, por otro, firmado en Tegucigalpa el 29 de junio de 2012 y tiene el honor de referirse a la identificación de, y a las solicitudes de corrección de, ciertos errores en la versión en el idioma español de este Acuerdo, según se detallan en una carta dirigida al Jefe de la Oficina de Acuerdos del Consejo de la Unión Europea de parte de Nicaragua (en su capacidad de Presidencia pro Témpore del SICA), fechada 8 de octubre de 2012, Ref. No. MIFIC-DGCE-JBC-0409-10-12-CMM, así como los errores que figuran en el anexo aquí adjunto.

Después de una revisión de lo mencionado, la Secretaría General del Consejo, en su capacidad de co-depositaria del supracitado Acuerdo, tiene el honor de confirmar que las solicitudes de corrección de estos errores son válidas y por la presente son aceptadas. Al respecto, la Secretaría General del Consejo procederá a la corrección de estos errores en su debido tiempo.

La Secretaría General del Consejo de la Unión Europea aprovecha esta oportunidad para renovar a las partes centroamericanas del Acuerdo por el que se establece una Asociación entre la Unión Europea y sus Estados Miembros, por un lado, y Centroamérica, por otro, la expresión de su más alta consideración.

Londres(*), 19 de octubre de 2012 (*) (Así sustituída su denominación por el apartado de las Declaraciones Conjuntas "Declaración Conjunta sobre Mutatis Mutandis" del anexo del Tratado Internacional, N° 9775 del 29 de octubre de 2019, "Acuerdo por el que se establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte y Centroamérica, suscrito en Managua, Nicaragua, el 18 de mes de julio de 2019; su Anexo, sus Declaraciones Conjuntas y el Entendimiento Alcanzado entre las Delegaciones de los Gobiernos del Reino Unido de Gran Bretaña e Irlanda del Norte y de las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua y Panamá sobre el Apartado 8 del Anexo del Acuerdo por el que se Establece una Asociación entre el Reino Unido de Gran Bretaña e Irlanda del Norte, y Centroamérica, firmado el 18 de julio de 2019". Anteriormente se indicada "Bruselas") Incluido: Anexo Copia: Secretaría General del SICA

Disposiciones finales

ANEXO

Atentamente,

Anexo I

Anexo XI

Anexo XIII

Anexo XIV

Document not found. Documento no encontrado.

Implementing decreesDecretos que afectan

    TopicsTemas

    • Biodiversity Law 7788Ley de Biodiversidad 7788
    • Forestry Law 7575 — Land Use and Forest ProtectionLey Forestal 7575 — Uso del Suelo y Protección Forestal

    Concept anchorsAnclajes conceptuales

    • Acuerdo de Asociación UE-Centroamérica (Ley 9154) Art. 1
    • Acuerdo de Asociación UE-Centroamérica (Ley 9154) Art. 2
    • Acuerdo de Asociación UE-Centroamérica (Ley 9154) Art. 20
    • Acuerdo de Asociación UE-Centroamérica (Ley 9154) Art. 50
    • Acuerdo de Asociación UE-Centroamérica (Ley 9154) Art. 51
    • Acuerdo de Asociación UE-Centroamérica (Ley 9154) Art. 41
    • Acuerdo de Asociación UE-Centroamérica (Ley 9154) Art. 45

    Spanish key termsTérminos clave en español

    Article 1

    Amendment
    Tratados Internacionales 9775 Acuerdo Asociación entre Reino Unido de Gran Bretaña e Irlanda del Norte y Centroámerica suscrito Managua Nicaragua el 18/07/2019 y su anexo declaraciones y entendimiento entre delegaciones Gobiernos Reino Unido de Gran Bretaña e Irlanda Norte Reforma Parcial · Express · Oct 29, 2019

    Article 2

    Amendment
    Tratados Internacionales 9775 Acuerdo Asociación entre Reino Unido de Gran Bretaña e Irlanda del Norte y Centroámerica suscrito Managua Nicaragua el 18/07/2019 y su anexo declaraciones y entendimiento entre delegaciones Gobiernos Reino Unido de Gran Bretaña e Irlanda Norte Reforma Parcial · Express · Oct 29, 2019
    Concordance
    43583 43583

    Article 4

    Amendment
    Tratados Internacionales 9775 Acuerdo Asociación entre Reino Unido de Gran Bretaña e Irlanda del Norte y Centroámerica suscrito Managua Nicaragua el 18/07/2019 y su anexo declaraciones y entendimiento entre delegaciones Gobiernos Reino Unido de Gran Bretaña e Irlanda Norte Reforma Parcial · Express · Oct 29, 2019

    Article 5

    Amendment
    Tratados Internacionales 9775 Acuerdo Asociación entre Reino Unido de Gran Bretaña e Irlanda del Norte y Centroámerica suscrito Managua Nicaragua el 18/07/2019 y su anexo declaraciones y entendimiento entre delegaciones Gobiernos Reino Unido de Gran Bretaña e Irlanda Norte Modifica denominación · Expresa · Oct 29, 2019

    Article 7

    Amendment
    Tratados Internacionales 9775 Acuerdo Asociación entre Reino Unido de Gran Bretaña e Irlanda del Norte y Centroámerica suscrito Managua Nicaragua el 18/07/2019 y su anexo declaraciones y entendimiento entre delegaciones Gobiernos Reino Unido de Gran Bretaña e Irlanda Norte Modifica denominación · Expresa · Oct 29, 2019

    Article 8

    Amendment
    Tratados Internacionales 9775 Acuerdo Asociación entre Reino Unido de Gran Bretaña e Irlanda del Norte y Centroámerica suscrito Managua Nicaragua el 18/07/2019 y su anexo declaraciones y entendimiento entre delegaciones Gobiernos Reino Unido de Gran Bretaña e Irlanda Norte Modifica denominación · Expresa · Oct 29, 2019

    Article 9

    Amendment
    Tratados Internacionales 9775 Acuerdo Asociación entre Reino Unido de Gran Bretaña e Irlanda del Norte y Centroámerica suscrito Managua Nicaragua el 18/07/2019 y su anexo declaraciones y entendimiento entre delegaciones Gobiernos Reino Unido de Gran Bretaña e Irlanda Norte Reforma Parcial · Express · Oct 29, 2019

    Article 10

    Amendment
    Tratados Internacionales 9775 Acuerdo Asociación entre Reino Unido de Gran Bretaña e Irlanda del Norte y Centroámerica suscrito Managua Nicaragua el 18/07/2019 y su anexo declaraciones y entendimiento entre delegaciones Gobiernos Reino Unido de Gran Bretaña e Irlanda Norte Reforma Parcial · Express · Oct 29, 2019

    Article 12

    Amendment
    Tratados Internacionales 9775 Acuerdo Asociación entre Reino Unido de Gran Bretaña e Irlanda del Norte y Centroámerica suscrito Managua Nicaragua el 18/07/2019 y su anexo declaraciones y entendimiento entre delegaciones Gobiernos Reino Unido de Gran Bretaña e Irlanda Norte Modifica denominación · Expresa · Oct 29, 2019

    Article 19

    Amendment
    Tratados Internacionales 9775 Acuerdo Asociación entre Reino Unido de Gran Bretaña e Irlanda del Norte y Centroámerica suscrito Managua Nicaragua el 18/07/2019 y su anexo declaraciones y entendimiento entre delegaciones Gobiernos Reino Unido de Gran Bretaña e Irlanda Norte Modifica denominación · Expresa · Oct 29, 2019

    Article 23

    Amendment
    Tratados Internacionales 9775 Acuerdo Asociación entre Reino Unido de Gran Bretaña e Irlanda del Norte y Centroámerica suscrito Managua Nicaragua el 18/07/2019 y su anexo declaraciones y entendimiento entre delegaciones Gobiernos Reino Unido de Gran Bretaña e Irlanda Norte Reforma Parcial · Express · Oct 29, 2019

    Article 24

    Amendment
    Tratados Internacionales 9775 Acuerdo Asociación entre Reino Unido de Gran Bretaña e Irlanda del Norte y Centroámerica suscrito Managua Nicaragua el 18/07/2019 y su anexo declaraciones y entendimiento entre delegaciones Gobiernos Reino Unido de Gran Bretaña e Irlanda Norte Modifica denominación · Expresa · Oct 29, 2019

    Article 25

    Amendment
    Tratados Internacionales 9775 Acuerdo Asociación entre Reino Unido de Gran Bretaña e Irlanda del Norte y Centroámerica suscrito Managua Nicaragua el 18/07/2019 y su anexo declaraciones y entendimiento entre delegaciones Gobiernos Reino Unido de Gran Bretaña e Irlanda Norte Reforma Parcial · Express · Oct 29, 2019

    Article 26

    Amendment
    Tratados Internacionales 9775 Acuerdo Asociación entre Reino Unido de Gran Bretaña e Irlanda del Norte y Centroámerica suscrito Managua Nicaragua el 18/07/2019 y su anexo declaraciones y entendimiento entre delegaciones Gobiernos Reino Unido de Gran Bretaña e Irlanda Norte Reforma Parcial · Express · Oct 29, 2019

    Article 28

    Amendment
    Tratados Internacionales 9775 Acuerdo Asociación entre Reino Unido de Gran Bretaña e Irlanda del Norte y Centroámerica suscrito Managua Nicaragua el 18/07/2019 y su anexo declaraciones y entendimiento entre delegaciones Gobiernos Reino Unido de Gran Bretaña e Irlanda Norte Reforma Parcial · Express · Oct 29, 2019

    Article 35

    Amendment
    Tratados Internacionales 9775 Acuerdo Asociación entre Reino Unido de Gran Bretaña e Irlanda del Norte y Centroámerica suscrito Managua Nicaragua el 18/07/2019 y su anexo declaraciones y entendimiento entre delegaciones Gobiernos Reino Unido de Gran Bretaña e Irlanda Norte Reforma Parcial · Express · Oct 29, 2019

    Article 41

    Amendment
    Tratados Internacionales 9775 Acuerdo Asociación entre Reino Unido de Gran Bretaña e Irlanda del Norte y Centroámerica suscrito Managua Nicaragua el 18/07/2019 y su anexo declaraciones y entendimiento entre delegaciones Gobiernos Reino Unido de Gran Bretaña e Irlanda Norte Modifica denominación · Expresa · Oct 29, 2019

    Article 43

    Amendment
    Tratados Internacionales 9775 Acuerdo Asociación entre Reino Unido de Gran Bretaña e Irlanda del Norte y Centroámerica suscrito Managua Nicaragua el 18/07/2019 y su anexo declaraciones y entendimiento entre delegaciones Gobiernos Reino Unido de Gran Bretaña e Irlanda Norte Reforma Parcial · Express · Oct 29, 2019

    Article 49

    Amendment
    Tratados Internacionales 9775 Acuerdo Asociación entre Reino Unido de Gran Bretaña e Irlanda del Norte y Centroámerica suscrito Managua Nicaragua el 18/07/2019 y su anexo declaraciones y entendimiento entre delegaciones Gobiernos Reino Unido de Gran Bretaña e Irlanda Norte Reforma Parcial · Express · Oct 29, 2019

    Article 308

    Concordance
    39245 39245

    Artículo 1

    Modificación
    Tratados Internacionales 9775 Acuerdo Asociación entre Reino Unido de Gran Bretaña e Irlanda del Norte y Centroámerica suscrito Managua Nicaragua el 18/07/2019 y su anexo declaraciones y entendimiento entre delegaciones Gobiernos Reino Unido de Gran Bretaña e Irlanda Norte Reforma Parcial · Expreso · 29/10/2019

    Artículo 2

    Modificación
    Tratados Internacionales 9775 Acuerdo Asociación entre Reino Unido de Gran Bretaña e Irlanda del Norte y Centroámerica suscrito Managua Nicaragua el 18/07/2019 y su anexo declaraciones y entendimiento entre delegaciones Gobiernos Reino Unido de Gran Bretaña e Irlanda Norte Reforma Parcial · Expreso · 29/10/2019
    Concordancia
    43583 43583

    Artículo 4

    Modificación
    Tratados Internacionales 9775 Acuerdo Asociación entre Reino Unido de Gran Bretaña e Irlanda del Norte y Centroámerica suscrito Managua Nicaragua el 18/07/2019 y su anexo declaraciones y entendimiento entre delegaciones Gobiernos Reino Unido de Gran Bretaña e Irlanda Norte Reforma Parcial · Expreso · 29/10/2019

    Artículo 5

    Modificación
    Tratados Internacionales 9775 Acuerdo Asociación entre Reino Unido de Gran Bretaña e Irlanda del Norte y Centroámerica suscrito Managua Nicaragua el 18/07/2019 y su anexo declaraciones y entendimiento entre delegaciones Gobiernos Reino Unido de Gran Bretaña e Irlanda Norte Modifica denominación · Expresa · 29/10/2019

    Artículo 7

    Modificación
    Tratados Internacionales 9775 Acuerdo Asociación entre Reino Unido de Gran Bretaña e Irlanda del Norte y Centroámerica suscrito Managua Nicaragua el 18/07/2019 y su anexo declaraciones y entendimiento entre delegaciones Gobiernos Reino Unido de Gran Bretaña e Irlanda Norte Modifica denominación · Expresa · 29/10/2019

    Artículo 8

    Modificación
    Tratados Internacionales 9775 Acuerdo Asociación entre Reino Unido de Gran Bretaña e Irlanda del Norte y Centroámerica suscrito Managua Nicaragua el 18/07/2019 y su anexo declaraciones y entendimiento entre delegaciones Gobiernos Reino Unido de Gran Bretaña e Irlanda Norte Modifica denominación · Expresa · 29/10/2019

    Artículo 9

    Modificación
    Tratados Internacionales 9775 Acuerdo Asociación entre Reino Unido de Gran Bretaña e Irlanda del Norte y Centroámerica suscrito Managua Nicaragua el 18/07/2019 y su anexo declaraciones y entendimiento entre delegaciones Gobiernos Reino Unido de Gran Bretaña e Irlanda Norte Reforma Parcial · Expreso · 29/10/2019

    Artículo 10

    Modificación
    Tratados Internacionales 9775 Acuerdo Asociación entre Reino Unido de Gran Bretaña e Irlanda del Norte y Centroámerica suscrito Managua Nicaragua el 18/07/2019 y su anexo declaraciones y entendimiento entre delegaciones Gobiernos Reino Unido de Gran Bretaña e Irlanda Norte Reforma Parcial · Expreso · 29/10/2019

    Artículo 12

    Modificación
    Tratados Internacionales 9775 Acuerdo Asociación entre Reino Unido de Gran Bretaña e Irlanda del Norte y Centroámerica suscrito Managua Nicaragua el 18/07/2019 y su anexo declaraciones y entendimiento entre delegaciones Gobiernos Reino Unido de Gran Bretaña e Irlanda Norte Modifica denominación · Expresa · 29/10/2019

    Artículo 19

    Modificación
    Tratados Internacionales 9775 Acuerdo Asociación entre Reino Unido de Gran Bretaña e Irlanda del Norte y Centroámerica suscrito Managua Nicaragua el 18/07/2019 y su anexo declaraciones y entendimiento entre delegaciones Gobiernos Reino Unido de Gran Bretaña e Irlanda Norte Modifica denominación · Expresa · 29/10/2019

    Artículo 23

    Modificación
    Tratados Internacionales 9775 Acuerdo Asociación entre Reino Unido de Gran Bretaña e Irlanda del Norte y Centroámerica suscrito Managua Nicaragua el 18/07/2019 y su anexo declaraciones y entendimiento entre delegaciones Gobiernos Reino Unido de Gran Bretaña e Irlanda Norte Reforma Parcial · Expreso · 29/10/2019

    Artículo 24

    Modificación
    Tratados Internacionales 9775 Acuerdo Asociación entre Reino Unido de Gran Bretaña e Irlanda del Norte y Centroámerica suscrito Managua Nicaragua el 18/07/2019 y su anexo declaraciones y entendimiento entre delegaciones Gobiernos Reino Unido de Gran Bretaña e Irlanda Norte Modifica denominación · Expresa · 29/10/2019

    Artículo 25

    Modificación
    Tratados Internacionales 9775 Acuerdo Asociación entre Reino Unido de Gran Bretaña e Irlanda del Norte y Centroámerica suscrito Managua Nicaragua el 18/07/2019 y su anexo declaraciones y entendimiento entre delegaciones Gobiernos Reino Unido de Gran Bretaña e Irlanda Norte Reforma Parcial · Expreso · 29/10/2019

    Artículo 26

    Modificación
    Tratados Internacionales 9775 Acuerdo Asociación entre Reino Unido de Gran Bretaña e Irlanda del Norte y Centroámerica suscrito Managua Nicaragua el 18/07/2019 y su anexo declaraciones y entendimiento entre delegaciones Gobiernos Reino Unido de Gran Bretaña e Irlanda Norte Reforma Parcial · Expreso · 29/10/2019

    Artículo 28

    Modificación
    Tratados Internacionales 9775 Acuerdo Asociación entre Reino Unido de Gran Bretaña e Irlanda del Norte y Centroámerica suscrito Managua Nicaragua el 18/07/2019 y su anexo declaraciones y entendimiento entre delegaciones Gobiernos Reino Unido de Gran Bretaña e Irlanda Norte Reforma Parcial · Expreso · 29/10/2019

    Artículo 35

    Modificación
    Tratados Internacionales 9775 Acuerdo Asociación entre Reino Unido de Gran Bretaña e Irlanda del Norte y Centroámerica suscrito Managua Nicaragua el 18/07/2019 y su anexo declaraciones y entendimiento entre delegaciones Gobiernos Reino Unido de Gran Bretaña e Irlanda Norte Reforma Parcial · Expreso · 29/10/2019

    Artículo 41

    Modificación
    Tratados Internacionales 9775 Acuerdo Asociación entre Reino Unido de Gran Bretaña e Irlanda del Norte y Centroámerica suscrito Managua Nicaragua el 18/07/2019 y su anexo declaraciones y entendimiento entre delegaciones Gobiernos Reino Unido de Gran Bretaña e Irlanda Norte Modifica denominación · Expresa · 29/10/2019

    Artículo 43

    Modificación
    Tratados Internacionales 9775 Acuerdo Asociación entre Reino Unido de Gran Bretaña e Irlanda del Norte y Centroámerica suscrito Managua Nicaragua el 18/07/2019 y su anexo declaraciones y entendimiento entre delegaciones Gobiernos Reino Unido de Gran Bretaña e Irlanda Norte Reforma Parcial · Expreso · 29/10/2019

    Artículo 49

    Modificación
    Tratados Internacionales 9775 Acuerdo Asociación entre Reino Unido de Gran Bretaña e Irlanda del Norte y Centroámerica suscrito Managua Nicaragua el 18/07/2019 y su anexo declaraciones y entendimiento entre delegaciones Gobiernos Reino Unido de Gran Bretaña e Irlanda Norte Reforma Parcial · Expreso · 29/10/2019

    Artículo 308

    Concordancia
    39245 39245

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