New Zealand – Side Instruments
Culture
Letter from the Honourable François-Philippe Champagne
8 March 2018
Hon David Parker
Minister for Trade and Export Growth
New Zealand
Dear Minister,
In connection with the signing of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the “Agreement”), I have the honour to confirm the following agreement reached by the Government of Canada (Canada) and the Government of New Zealand (New Zealand):
Canada and New Zealand agree that, in continuing to give effect to the Agreement, notwithstanding the following language in Annex II – Canada – 16 and 17 – under the Cultural Industries Sector, first paragraph under the subheading “Description,” that states “except: (a) discriminatory requirements on service suppliers or investors to make financial contributions for Canadian content development; and (b) measures restricting the access to on-line foreign audio-visual content”, Canada may adopt or maintain discriminatory requirements on service suppliers or investors to make financial contributions for Canadian content development and may adopt or maintain measures that restrict access to on-line foreign audio-visual content.
I have the honour to propose that this letter, equally valid in English and French, and your letter in reply shall constitute an agreement between our two Governments, which shall enter into force on the date of entry into force of the Agreement as between Canada and New Zealand.
Yours sincerely
The Honourable François-Philippe Champagne
Minister of International Trade
Response from the Honourable David Parker
8 March 2018
The Honourable François-Philippe Champagne
Minister of International Trade
Canada
Dear Minister,
I am pleased to acknowledge receipt of your letter of 8 March 2018, which reads as follows:
“In connection with the signing of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the “Agreement”), I have the honour to confirm the following agreement reached by the Government of Canada (Canada) and the Government of New Zealand (New Zealand):
Canada and New Zealand agree that, in continuing to give effect to the Agreement, notwithstanding the following language in Annex II – Canada – 16 and 17 – under the Cultural Industries Sector, first paragraph under the subheading “Description,” that states “except: (a) discriminatory requirements on service suppliers or investors to make financial contributions for Canadian content development; and (b) measures restricting the access to on-line foreign audio-visual content,” Canada may adopt or maintain discriminatory requirements on service suppliers or investors to make financial contributions for Canadian content development and may adopt or maintain measures that restrict access to on-line foreign audio-visual content.
I have the honour to propose that this letter, equally valid in English and French, and your letter in reply shall constitute an agreement between our two Governments, which shall enter into force on the date of entry into force of the Agreement as between Canada and New Zealand.”
I have the honour to confirm that the above reflects the agreement reached between our Governments, and that your letter, equally valid in English and French, and this letter in reply shall constitute an agreement between our Governments, which shall enter into force on the date of entry into force of the Agreement as between New Zealand and Canada.
Sincerely,
Hon David Parker
Minister for Trade and Export Growth
New Zealand
Distinctive Products: Canadian Whisky and Canadian Rye Whisky
Letter from the Honourable David Parker
8 March 2018
The Honourable François-Philippe Champagne
Minister of International Trade
Canada
Dear Minister Champagne
In connection with the signing on this date of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the Agreement), I have the honour to confirm the following understandings reached by the Government of New Zealand and the Government of Canada during the course of negotiation of Chapter 2 (National Treatment and Market Access for Goods) regarding the treatment of the terms Canadian Whisky and Canadian Rye Whisky:
- The Australia New Zealand Food Standards Code (“the Code”) allows recognition of Canadian Whisky and Canadian Rye Whisky as products exclusively manufactured in Canada and that no variation to the Code is necessary for such recognition.
- To the extent contemplated in the Code, New Zealand will not permit the sale of any product as Canadian Whisky or Canadian Rye Whisky, unless it has been manufactured in Canada according to the laws of Canada governing the manufacture of Canadian Whisky and Canadian Rye Whisky and the product complies with all applicable regulations of Canada for the sale or export as Canadian Whisky or Canadian Rye Whisky.
I have the honour of proposing that this letter, and your letter in reply, equally valid in French and English, confirming that your Government shares these understandings, will constitute an understanding between our Governments that will come into effect on the first date on which the Agreement is in force for both New Zealand and Canada.
Yours sincerely
Hon David Parker
Minister for Trade and Export Growth
New Zealand
Response from the Honourable François-Philippe Champagne
8 March 2018
The Honourable David Parker
Minister for Trade and Export Growth
New Zealand
Dear Minister,
I have the honour to acknowledge receipt of your letter of this date, which reads as follows:
“In connection with the signing on this date of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the Agreement), I have the honour to confirm the following understandings reached by the Government of New Zealand and the Government of Canada during the course of negotiation of Chapter 2 (National Treatment and Market Access for Goods) regarding the treatment of the terms Canadian Whisky and Canadian Rye Whisky:
- The Australia New Zealand Food Standards Code (“the Code”) allows recognition of Canadian Whisky and Canadian Rye Whisky as products exclusively manufactured in Canada and that no variation to the Code is necessary for such recognition.
- To the extent contemplated in the Code, New Zealand will not permit the sale of any product as Canadian Whisky or Canadian Rye Whisky, unless it has been manufactured in Canada according to the laws of Canada governing the manufacture of Canadian Whisky and Canadian Rye Whisky and the product complies with all applicable regulations of Canada for the sale or export as Canadian Whisky or Canadian Rye Whisky.
I have the honour of proposing that this letter, and your letter in reply, equally valid in French and English, confirming that your Government shares these understandings, will constitute an understanding between our Governments that will come into effect on the first date on which the Agreement is in force for both New Zealand and Canada.”
I have the honour to confirm that the above reflects the understandings reached between the Government of Canada and the Government of New Zealand during the course of negotiations on the Agreement, and that your letter and this letter in reply, equally valid in French and English, constitute an understanding between our Governments that will come into effect on the first date on which the Agreement is in force for both New Zealand and Canada.
Sincerely
The Honourable François-Philippe Champagne
Minister of International Trade
Canada
Wine and Spirits
Letter from the Honourable François-Philippe Champagne
8 March 2018
The Honourable David Parker
Minister for Trade and Export Growth
New Zealand
Dear Minister,
In connection with the signing on this date of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the Agreement), I have the honour to confirm the following understandings reached between the Government of Canada and the Government of New Zealand during the course of negotiation regarding the treatment of New Zealand wine and distilled spirits:
- If a state owned enterprise of a regional level of government in Canada applies a cost of service differential to an imported wine or distilled spirit associated with the distribution, marketing or sale of the imported product, that cost of service differential will not exceed the actual difference in the costs of the distribution, marketing and sale of an imported wine or distilled spirit compared to the cost of distribution, marketing and sale of a like domestic wine or distilled spirit.
- If a cost of service differential applied to a wine or distilled spirit product from a non-Party to this Agreement is applied on a basis other than the value of the product pursuant to an agreement with that non-Party, the cost of service differential referred to in paragraph 1 will be applied on the same basis under this Agreement.
- If a mark-up, cost of service or other pricing measure is adopted or maintained within the scope of Annex 2-A (Measures of Canada, paragraph (f)) with respect to the internal sale or distribution of a wine or distilled spirit, those measures will accord treatment no less favourable than the treatment accorded to a like wine or distilled spirit of any other Party to the Agreement or a non-Party.
- If a state owned enterprise of a regional level of government in Canada applies a cost of service differential with respect to the internal sale and distribution of wine and distilled spirits, that cost of service differential will be made available through publicly accessible means, such as its official website.
I have the honour of proposing that this letter, equally valid in French and English, and your letter in reply, confirming that your Government shares these understandings, will constitute an understanding between our Governments that will come into effect on the first date on which the Agreement is in force for both Canada and New Zealand.
The Honourable François-Philippe Champagne
Minister of lnternational Trade
Canada
Response from the Honourable David Parker
8 March 2018
The Honourable François-Philippe Champagne
Minister of International Trade
Canada
Dear Minister Champagne
I have the honour to acknowledge receipt of your letter of this date, which reads as follows:
“In connection with the signing on this date of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the Agreement), I have the honour to confirm the following understandings reached between the Government of Canada and the Government of New Zealand during the course of negotiation regarding the treatment of New Zealand wine and distilled spirits:
- If a state owned enterprise of a regional level of government in Canada applies a cost of service differential to an imported wine or distilled spirit associated with the distribution, marketing or sale of the imported product, that cost of service differential will not exceed the actual difference in the costs of the distribution, marketing and sale of an imported wine or distilled spirit compared to the cost of distribution, marketing and sale of a like domestic wine or distilled spirit.
- If a cost of service differential applied to a wine or distilled spirit product from a non-Party to this Agreement is applied on a basis other than the value of the product pursuant to an agreement with that non-Party, the cost of service differential referred to in paragraph 1 will be applied on the same basis under this Agreement.
- If a mark-up, cost of service or other pricing measure is adopted or maintained within the scope of Annex 2-A (Measures of Canada, paragraph (f)) with respect to the internal sale or distribution of a wine or distilled spirit, those measures will accord treatment no less favourable than the treatment accorded to a like wine or distilled spirit of any other Party to the Agreement or a non-Party.
- If a state owned enterprise of a regional level of government in Canada applies a cost of service differential with respect to the internal sale and distribution of wine and distilled spirits, that cost of service differential will be made available through publicly accessible means, such as its official website.
I have the honour of proposing that this letter, equally valid in French and English, and your letter in reply, confirming that your Government shares these understandings, will constitute an understanding between our Governments that will come into effect on the first date on which the Agreement is in force for both Canada and New Zealand.”
I have the honour to confirm that the above reflects the understandings reached between the Governments of New Zealand and Canada during the course of negotiations on the Agreement, and that your letter, equally valid in French and English, and this letter in reply, constitute an understanding between our Governments that will come into effect on the first date on which the Agreement is in force for both New Zealand and Canada.
Yours sincerely
Hon David Parker
Minister for Trade and Export Growth
New Zealand
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