EU-Thailand FTA - trade in goods chapter (draft Jul 2013)
EU-Thailand FTA negotiation
Without prejudice
Merged Goods Chapter
July 2013
[EU: ARTICLE [12]: IMPORT AND EXPORT LICENSING PROCEDURES
1. The Parties affirm their existing rights and obligations under the WTO Agreement on Import Licensing Procedures (hereinafter referred to as the “Import Licensing Agreement”)
2. The Parties shall introduce and administer any import or export licensing procedures in accordance with:
(a) Paragraphs 1 through 9 of Article 1 of the Import Licensing Agreement;
(b) Article 2 of the Import Licensing Agreement;
(c) Article 3 of the Import Licensing Agreement.
To this end, the provisions referred to in subparagraphs (a), (b) and (c) of this paragraphs are incorporated into and made part of this Agreement and shall apply between the Parties. The Parties shall apply those provisions, mutatis mutandis, for any export licensing procedures [1].
3. The Parties shall ensure that all export licensing procedures are neutral in application and administered in a fair, equitable, non-discriminatory and transparent manner.
4. The Parties shall only adopt or maintain licensing procedures as a condition for importation into its territory or exportation from its territory to the other Party when other appropriate procedures to achieve an administrative purpose are not reasonably available.
5. The Parties shall not adopt or maintain non-automatic import or export licensing proedures [2] unless necessary to implement a measure that is consistent with this Agreement. Any Party adopting non-automatic licensing procedures shall indicate clearly the measure being implemented through such licensing procedure.
6. Any Party introducing export licensing procedures or changes in these procedures shall notify the other Party through [relevant institution under the Agreement] [60] days in advance of the publication of those procedures. This notification shall contain the information required under Article 5 of the WTO import Licensing Agreement.
7. Each Party shall respond within 60 days to enquires from the other Party regarding any licensing procedures which the Party to which the request is addressed intends to adopt or has adopted or maintained, as well as the criteria for granting and/or allocating import or export licenses.
Footnotes:
[1] For the purpose of this Article, export licensing procedures are defined as administrative procedures used for the operation of export licensing regimes requiring the submission of an application or other documentation (other than that required for customs purposes) to the relevant administrative body as a prior condition for exportation from the customs territory of the exporting Party.
[2] For the purpose of this Article, “Non-automatic licensing procedures” is defined as licensing procedures where approval of the application is not granted for all legal and natural persons who fulfil the requirements of the Party concerned for engaging in import or export operations involving the goods subject to licensing procedures.
