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Text of the 2017 Canada–Ukraine Free Trade Agreement – Chapter 16: Administration of the agreement

Article 16.1: Joint Commission

1. The Parties hereby establish the Joint Commission, composed of representatives at the Ministerial level or their designees.

2. The Joint Commission shall:

• (a) supervise the implementation of this Agreement;
• (b) review the general functioning of this Agreement;
• (c) oversee the further elaboration of this Agreement;
• (d) supervise the work of all committees and subcommittees established under this Agreement referred to in Articles 1 and 2 of Annex 16-A and any other bodies established under paragraph 6; and
• (e) consider any other matter that may affect the operation of this Agreement.

3. The Joint Commission may:

• (a) adopt interpretive decisions concerning this Agreement binding on panels established under Article 17.7 (Establishment of a Panel);
• (b) seek the advice of non-governmental persons or groups;
• (c) take any other action in the exercise of its functions as the Parties may decide;
• (d) further the implementation of the objectives of this Agreement by approving any revisions of:
  • (i) a Party’s Schedule to Annex 2-B (Tariff Elimination) with the purpose of adding one or more goods excluded in the Tariff Elimination Schedule;
  • (ii) the phase-out periods established in Annex 2-B (Tariff Elimination), with the purpose of accelerating the tariff reduction;
  • (iii) the product-specific rules of origin established in Annex 3-A (Product-Specific Rules of Origin); and
  • (iv) the procuring entities listed on a Party’s schedule  in Annex 10-A (Central Government Entities) and Annex 10-B (Other Entities);
• (e) consider any amendments or modifications to the rights and obligations under this Agreement; and
• (f) establish the amount of remuneration and expenses that will be paid to panellists.

4. At the Request of the Committee on the Environment established under Chapter 12 (Environment), the Joint Commission may revise Annex 1-A (Multilateral Environmental Agreements) to include other multilateral environmental agreements, or to remove a multilateral environmental agreement listed in that Annex.

5. The revisions referred to in subparagraph 3(d) and paragraph 4 shall be subject to the completion of any necessary legal procedures of either Party.

6. The Joint Commission may establish and delegate responsibilities to committees, subcommittees or working groups. Unless otherwise provided in this Agreement, the committees, subcommittees and working groups shall work under a mandate recommended by the Agreement Coordinators referred to in Article 16.2 and approved by the Joint Commission.

7. The Joint Commission shall establish its rules and procedures. Decisions of the Commission shall be taken by mutual consent.

8. The Joint Commission shall convene once a year or upon the request in writing of either Party. Unless otherwise decided by the Parties, sessions of the Joint Commission shall be held alternately in the territory of each Party or by any technological means available.

Article 16.2: Agreement Coordinators

1. Each Party shall appoint an Agreement Coordinator and notify the other Party within 60 days following the entry into force of this Agreement.

2. The Agreement Coordinators shall jointly:

• (a) monitor the work of all bodies established under this Agreement, referred to in Annex 16-A and any other bodies established under Article 16.1.6, including communications relating to successors to those bodies;
• (b) recommend to the Joint Commission the establishment of bodies that they consider necessary to assist the Joint Commission;
• (c) coordinate preparations for Joint Commission meetings;
• (d) follow up on any decisions taken by the Joint Commission, as appropriate;
• (e) receive notifications and information provided pursuant to this Agreement and, as necessary, facilitate communications between the Parties on any matter covered by this Agreement; and
• (f) consider any other matter that may affect the operation of this Agreement as mandated by the Joint Commission.

3. The Coordinators shall meet as often as required.

4. A Party may request in writing at any time that a special meeting of the Coordinators be held. This meeting shall take place within 30 days of receipt of the request by the other Party.

Annex 16-A: Committees, Subcommittees and Other Bodies

1. The Committees established are the:

• (a) Committee on Trade in Goods and Rules of Origin (Article 2.13); and
• (b) Committee on Intellectual Property (Article 11.12).

2. The Subcommittees established are the:

• (a) Subcommittee on Agriculture (Article 2.13.4); and
• (b) Subcommittee on Origin Procedures (Article 3.31).

3. Other bodies established are the:

• (a) Labour Ministerial Council (Article 13.9); and
• (b) Committee on the Environment (Article 12.16).

4. Contact points are established by:

• (a) Chapter 2 (National Treatment and Market Access, Article 3(i) of Annex 2-B (Tariff Elimination);
• (b) Chapter 6 (Sanitary and Phytosanitary Measures), Article 6.3 (Sanitary and Phytosanitary Contact Points);
• (c) Chapter 7 (Technical Barriers to Trade), Article 7.8 (Chapter Contact Points);
• (d) Chapter 11 (Intellectual Property), Article 11.11 (Designation of Contact Points);
• (e) Chapter 12 (Environment), Article 12.12 (National Contact Point);
• (f) Chapter 13 (Labour), Article 13.10 (National Mechanisms); and
• (g) Chapter 15 (Trade Related Cooperation), Article 15.2 (Contact Points)