Interim Agreement with a View to an - Official Documents
Interim Agreement with a View to an - Official Documents Interim Agreement with a View to an - Official Documents
56 ARTICLE 87 Time limits 1. All time limits laid down in this Title, including the deadlines for the arbitration panels to issue their rulings, shall be counted in calendar days from the day following the act or fact to which they refer. 2. Any time limit provided for in this Title may be extended by mutual agreement of the Parties. ARTICLE 88 Amendment of Title VI The EPA Committee may decide to amend this Title and its Annexes. TITLE VII GENERAL EXCEPTIONS ARTICLE 89 General exception clause Subject to the requirement that such measures are not to be applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between the Parties where like conditions must prevail, or a disguised restriction on trade in goods, services or establishment, nothing in this Agreement shall be construed to prevent the adoption or enforcement by the Parties of measures which: a) are necessary to protect public security or public morality or to maintain public order; b) are necessary to protect the health or life of humans, animals or plants; c) are necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement, including those relating to:
i) prevention of deceptive and fraudulent practices or ways of dealing with the effects of a default on contracts; ii) protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts; iii) security; iv) the application of customs regulations and procedures; or v) protection of intellectual property rights; d) relate to imports or exports of gold or silver; e) are necessary to protect national treasures of artistic, historical or archaeological value; f) relate to the conservation of exhaustible natural resources if such measures involve restrictions on domestic production or consumption of goods or the provision or consumption of domestic services, and on domestic investors; g) relate to the products of prison labour; orare inconsistent with the articles of this Agreement on national treatment, provided that the difference in treatment is intended to ensure the effective or equitable imposition or collection of direct taxes in respect of the economic activities of investors or of service providers of the other Party 1 . 1 Measures aimed at ensuring the effective or equitable imposition or collection of direct taxes shall include measures taken by one of the parties under its tax system which; (i) Apply to non-resident investors and service providers in recognition of the fact that the tax obligation of non-residents is determined with respect to taxable entities out sourcing from or located in the territory of one of the parties; (ii) Apply to non-residents in order to ensure the imposition or collection of taxes in the territory of one of the parties; (iii) Apply to non-residents or residents in order to prevent tax evasion or avoidance, including measures taken to comply; (iv) Apply to consumers of services supplied in or from the territory of the other party in order to ensure the imposition of taxes on such consumers derived from sources in the territory of one of the parties; 57
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56<br />
ARTICLE 87<br />
Time limits<br />
1. All time limits laid down in this Title, including the deadlines for the<br />
arbitration p<strong>an</strong>els <strong>to</strong> issue their rulings, shall be counted in calendar days from the<br />
day following the act or fact <strong>to</strong> which they refer.<br />
2. Any time limit provided for in this Title may be extended by mutual<br />
agreement of the Parties.<br />
ARTICLE 88<br />
Amendment of Title VI<br />
The EPA Committee may decide <strong>to</strong> amend this Title <strong>an</strong>d its Annexes.<br />
TITLE VII<br />
GENERAL EXCEPTIONS<br />
ARTICLE 89<br />
General exception clause<br />
Subject <strong>to</strong> the requirement that such measures are not <strong>to</strong> be applied in a m<strong>an</strong>ner<br />
which would constitute a me<strong>an</strong>s of arbitrary or unjustifiable discrimination between<br />
the Parties where like conditions must prevail, or a disguised restriction on trade in<br />
goods, services or establishment, nothing in this <strong>Agreement</strong> shall be construed <strong>to</strong><br />
prevent the adoption or enforcement by the Parties of measures which:<br />
a) are necessary <strong>to</strong> protect public security or public morality or <strong>to</strong><br />
maintain public order;<br />
b) are necessary <strong>to</strong> protect the health or life of hum<strong>an</strong>s, <strong>an</strong>imals or pl<strong>an</strong>ts;<br />
c) are necessary <strong>to</strong> secure compli<strong>an</strong>ce <strong>with</strong> laws or regulations which are<br />
not inconsistent <strong>with</strong> the provisions of this <strong>Agreement</strong>, including those<br />
relating <strong>to</strong>:
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