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Eighth meeting of the Commission of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership

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Commission meeting report

CPTPP/COM/2024/R001

  1. The eighth Commission meeting of the Comprehensive and Progressive Trans-Pacific Partnership (CPTPP) was held in Vancouver, British Columbia, Canada on November 28, 2024. Representatives from all CPTPP Members participated: Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, United Kingdom, and Viet Nam.
  2. A summary of the Commission’s discussion and outcomes agreed under the respective Agenda items is set out below.
  3. Agenda item 1: The Commission considered and adopted the agenda, attached at Annex A.
  4. Agenda item 2: The Chair Minister, CPTPP Ministers and Heads of Delegation delivered opening remarks and welcomed the United Kingdom as a CPTPP Party.
  5. Agenda item 3: The Chair of Senior Officials updated the Commission on the progress on and outcomes achieved during Canada’s year as Chair with respect to its priorities on Progressive Stewardship, Comprehensive Utilization and Accessions. The Commission also acknowledged Committee Meeting Reports from 2023 and 2024, attached at Annex B and Annex C, respectively. In addition, the Chair of Senior Officials tabled the Growth of Supply Chain Trade report, attached at Annex D, as well as the standalone review of the CPTPP Environment Chapter, attached at Annex E. Finally, the Commission received transition period reports from Parties pursuant to Articles 27.7.2 and 27.7.4.
  6. Agenda item 4: The Chair of Senior Officials delivered a presentation on CPTPP preference utilization by traders.
  7. Agenda item 5: The Commission endorsed the Joint Ministerial Statement, attached at Annex F. The Commission also adopted the decision to commence the accession process for Costa Rica, attached at Annex G, and the decision confirming the rotation of Chair until the year 2031, attached at Annex H.
  8. Agenda item 6: Australia’s Senior Official delivered a presentation on Australia’s priorities as Chair of the Commission in 2025.
  9. Agenda item 7: The Chair Minister delivered closing remarks.

Annex A: Agenda of the 8th Meeting of the Commission of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership

Annex B: 2023 Committee reports

Annex B.1: Trade in Goods and Agricultural Trade 2023 committees meeting report

CPTPP/TIG/2023/R001

CPTPP/AT/2023/R001

  1. The 5th meeting of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) Committee on Trade in Goods and Committee on Agricultural Trade was convened virtually on 6 July 2023. Delegates from the following CPTPP Members were represented: Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Viet Nam. The meeting was chaired by Mr. Luke Roper, Senior Trade Adviser, from the New Zealand Ministry of Foreign Affairs and Trade.
  2. The Committee meeting agenda is attached as Annex A.
  3. The summary of the Committee’s discussion and any outcomes confirmed under the respective agenda items are set out below.

Agenda item 1: Adoption of agenda

  1. The Committee meeting agenda was adopted.

Agenda item 2: Import licensing procedures notification

  1. Australia spoke on the WTO import licensing procedure and referred to their most recent import licensing notification 30 Sep 2022 WTO DOC G/LIC/N/3/AUS/15, with next one due to be submitted later this year.

Agenda item 3: Export licensing procedures notification

  1. No notifications were discussed.

Agenda item 4: Location of published information

  1. The Chair circulated the template used for updating the location of published information in advance of the meeting, so that members could update the template accordingly. Japan encouraged recently ratified members to complete this document and reminded members to also inform the Committee on export and import related notifications. Canada supported Japan’s intervention and encouraged all remaining parties to keep everything up to date. Chile noted they provided information on import licensing and undertook to provide further information in the coming weeks.

Agenda item 5: Transposition of tariff schedule

  1. The Committee reaffirmed the importance of sharing correlation and concordance tables. The Committee confirmed most members had completed this exercise for HS2022 by the end of 2022 as decided in the previous Committee meeting. For those members yet to provide concordance tables they were asked to circulate them so the HS2022 process could be concluded. To assist future transpositions, the Chair suggested setting a timeframe for exchange of correlation and concordance tables, “no later than one year after the adoption of the recommendations for regular amendments to the HS nomenclature by the Council of the World Customs Organisation”. The Committee discussed this idea, with some members open to this timeframe in principle. Members sought more time to consider this proposal noting the next transposition is still some time in the future (2026-2027), the Chair suggested that this could be further considered at the next Committee meeting.

Agenda item 6: Transparency of export restrictions on foodstuffs

  1. Japan reminded CPTPP members of the importance of the measures under Article 2.24 (Export Restrictions - Food Security) of the TransPacific Partnership Agreement (TPP) as incorporated into the CPTPP. Canada encouraged CPTPP members not to impose export restrictions on other members and reiterated their continued support for advance notification of export restrictions and prohibitions for foodstuffs. Canada also announced their Indo-Pacific Strategy and the opening of first agriculture and agri-food office in the region to strengthen existing supply chains and contribute to countries’ food security goals.

Agenda item 7: Tariff-rate quota administration, utilisation and transparency

  1. The Chair in advance of the meeting circulated a list of contact points for tariff rate quota administration for members to update. This now reflects relevant contact points for 2023. The Committee discussed Tariff-Rate Quota (TRQ) Administration, Utilisation and Transparency under the CPTPP. Australia reaffirmed the importance for members to exchange information, noting Section D (Tariff-Rate Quota Administration) of Chapter 2 of the TPP as incorporated into the CPTPP, includes key benefits of the CPTPP and this was made clear in the United Kingdom accession. Further Australia highlighted that procedures for administering TRQs must be responsive to market conditions, transparency of allocation and utilisation is important and they appreciate the ongoing efforts of members to this commitment. New Zealand reiterated the importance and value that they place on implementation of negotiated market access outcomes with transparency of TRQs as a particular priority. New Zealand noted the pleasing amount of progress achieved over recent time as Parties’ TRQ Administration became more transparent. New Zealand also highlighted the obligation under Article 2.32(3) of the agreement which obligates Parties administering TRQs on a first-come first-served basis to publish in a timely and continually on-going manner on a designated publicly available website, utilisation rates and remaining available quantities for each TRQ. Japan noted transparency on TRQ information related to TRQ administration is important and they published information related to TRQ administration on websites. Japan also noted utilization rates of TRQs have been affected by international situation including soaring international prices. Finally, Mexico advised the Committee, that all the information on Mexican TRQs is made public online.

Agenda item 8: Exchange of preferential utilisation data

  1. The Committee discussed the importance of this metric for measuring the performance of the CPTPP. Following last year’s successful experts working group meeting on data utilisation, Canada indicated they could again look to convene a similar working group this year. The contact points for experts on preference utilisation from each member was circulated in advance of the Committee meeting and has been updated for 2023.
  2. For those members yet to provide 2021 data, they were requested to do so with the Chair recalling the no later than the end of 2022 deadline set at the previous Committee meeting. For the 2022 utilisation the Committee decided to exchange preferential utilisation data for 2022 by the end-September (and no later than end of 2023) – with ongoing updates from those not able to provide by end of September). The Chair also undertook to circulate the data template to those members who recently entered the CPTPP into force.

Agenda item 9: Other matters

  1. The Chair provided a brief update on general accessions and the three year review, before seeking comments from members. On general accessions, the Chair noted the growing number of aspirant economies as encouraging to see as the CPTPP grows as economies that are willing and able to meet CPTPP’s high standards join. The Chair also recognised the first significant milestone, with the United Kingdom’s accession to the CPTPP – expected to sign on as an acceding member on 16th July in Auckland, New Zealand. On the review, the Chair advised the expectation that the Commission this year will collectively confirm a draft Terms of Reference that will frame a process for updating and enhancing the CPTPP. The Committee also consented for the Chair to provide all relevant documents and templates to the United Kingdom and to advise them of the expectations the Committee has of all members.

Agenda item 10: Next meeting

  1. The Chair noted all future engagements by this Committee will need to include the United Kingdom following their signing on as an acceding member on 16 July 2023. Canada, as the next Chair of the CPTPP Commission, advised that they will provide the details of the next Committee Meeting in due course, but acknowledged that this timing has worked well for most. It was further noted with the United Kingdom joining, timing may need to be reviewed ahead of the next meeting.

Agenda item 11: Committee report

  1. The Committee decided to finalise the Committee report via email correspondence.

Annex A: Agenda

Agenda item 1: Adoption of agenda

Agenda item 2: Import licensing procedures notifications

Agenda item 3: Export licensing procedures notifications

Agenda item 4: Location of published information

Agenda item 5: Transposition of tariff schedule

Agenda item 6: Transparency of export restrictions on foodstuffs

Agenda item 7: Tariff-quota administration, utilisation and transparency

Agenda item 8: Exchange of Preferential Utilisation Data

Agenda item 9: Other matters

Agenda item 10: Next meeting

Agenda item 11: Committee report

Annex B.2: Rules of Origin and Origin Procedures 5th committee meeting

CPTPP/ROO/2023/R001

The 5th meeting of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) Committee on Rules of Origin and Origin Procedures was convened virtually on 27th June 2023. Delegates from the following CPTPP Members were present at the meeting: Australia, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Viet Nam. The meeting was chaired by Christine Mullinder, Principal Trade Policy Analyst, New Zealand Customs Service.

The agenda of the Committee meeting is attached in Annex A, and a summary of the Committee’s discussions, as well as any outcomes under the respective agenda items are set out below. 

Agenda item 1: Adoption of the agenda

The Committee adopted the agenda.

Agenda item 2: Review of operation/implementation of Chapter 3 on Rules of Origin and Origin Procedures

Stemming from previous Committee meetings, Members discussed the proposed set of principles for the implementation of certification of origin. Members went through a set of revisions proposed intercessionally by Japan. There was a robust discussion about the differing approaches to the detail of the origin criterion required by different customs administrations and the conditions under which an exporter producer, or importer could correct a certification of origin. Members decided to continue the discussion in its endeavour to collectively confirm a set of key principles for the implementation of certification of origin.

The Chair noted that Brunei would become a fully participating Party in early July and requested that Brunei add in their practices to the two non-papers, Origin Criterion Information Requirements, and Verification Procedures.

Viet Nam mentioned that they had circulated a survey seeking other Parties experience on importer certification. It appeared that this may not have been received by some Members, and the Chair undertook to re-circulate for Viet Nam.

Agenda item 3: Product Specific Rules (PSR) transposition

HS 2017

Members consented to the transposition for the product specific rules (PSRs) from HS 2012 to HS 2017 nomenclature.

The Chair suggested that New Zealand would write an explanatory note and circulate the completed HS 2017 and note to the Trans-Pacific Partnership Commission (TPP Commission) by way of update.

HS 2022

Members noted that the process for adopting a revised nomenclature was still unresolved and decided to discuss the process further at the next meeting.

The Chair noted that a draft transposition to the HS 2022 nomenclature had been circulated, along with detailed comments and a separate summary document. The Chair called for Members early comments on these proposals with the aim of meeting again in September 2023 and moving quickly to complete this work.

Agenda item 4: Other matters

No other matters were raised.

Agenda item 5: Next meeting

New Zealand, as Chair of the Committee on Rules of Origin, suggested that to maintain momentum on the transposition to HS 2022 the next meeting could be at the end of September, which was accepted by Members.

Agenda item 6: Committee report

The Committee decided to finalise the Committee report via email correspondence.

Annex A: Agenda

27 June 2023

Virtual meeting hosted by New Zealand

Agenda item 1: Adoption of the agenda

Agenda item 2: Review of operation/implementation of Chapter 3 on Rules of Origin and Origin Procedures

Agenda item 3: Product Specific Rules (PSR) transposition

Agenda item 4: Other matters

Agenda item 5: Next meeting

Agenda item 6: Committee report

Annex B.3: Rules of Origin and Origin Procedures 6th committee meeting

CPTPP/ROO/2023/R002

The 6th meeting of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) Committee on Rules of Origin and Origin Procedures was convened virtually on 22 November 2023. Delegates from the following CPTPP Members were present at the meeting: Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, United Kingdom, and Viet Nam. The meeting was chaired by Christine Mullinder, Principal Trade Policy Analyst, New Zealand Customs Service.

The agenda of the Committee meeting is attached in Annex A, and a summary of the Committee’s discussions, as well as any outcomes under the respective agenda items are set out below.

Agenda item 1: Adoption of the agenda

The Committee adopted the agenda.

Agenda item 2: Review of operation/implementation of Chapter 3 on Rules of Origin and Origin Procedures

Members continued the discussion on a proposed set of key principles for the implementation of certifications of origin; specifically with respect to Element 7 (Origin Criterion) of the Annex 3-B.  In its endeavour to collectively confirm a set of key principles to avoid unnecessary burdens for traders and rejection of the certification of origin, Members continued to consider the differing approaches of the Members’ customs administrations to the information required to be provided for the Element 7. This approach for some Members did not address the central issue of when and why a certification may be rejected or considered invalid, and when further information may be requested or voluntarily provided prior to acceptance or rejection of the certification. 

It was noted that for one Member, Element 7 of the Annex 3-B required additional details to the origin criterion to be stated. Some Members expressed concern that this provision was being extended to requiring more detailed information, such as the actual percentage of the regional value content.

Given the diversity of views, the Chair noted that this issue was unlikely to be concluded at this meeting. The Chair invited all Members to review the information that had previously been provided, both in the appendix to the proposed key principles, and the documentation of verification practices which detailed the various approaches.  The appendix could be usefully updated to include customs administration practice regarding amending or correcting a certification of origin and the grounds on which a certification would be deemed invalid or rejected. The Chair undertook to recirculate a revised appendix.

Viet Nam noted that the statement did not include their intercessional comments.  The Chair advised that these did not appear to have been received. The Chair requested that these comments be resubmitted for inclusion and circulation to the ROO Committee.  

Agenda item 3: Finalise Committee reports (June meetings)

Members confirmed the finalised version of the report for the 5th Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) Committee on Rules of Origin and Origin Procedures (June 27, 2023).

Agenda item 4: Product Specific Rules (PSR) transposition HS2022

Members considered the proposed transposition for the product specific rules (PSRs) from HS 2017 to HS 2022 nomenclature. 

The Annex 3-D Appendix 1 Provisions Related to the Product-Specific Rules of Origin for Certain Vehicles and Parts of Vehicles was provisionally confirmed.

Most of the HS 2022 changes proposed for Annex 3-D Product Specific Rules of Origin were also provisionally confirmed. A small number of items in this Schedule require further discussion and the Chair undertook to circulate a detailed examination of these items for consideration.

The Chair requested that all Members review the deliberations of the meeting and finalise their positions on all the proposed changes so that this work can be concluded.

Agenda item 5: Other matters

Viet Nam asked that Members share their customs declaration documents with Viet Nam to assist with Viet Nam’s customs procedures. The Chair noted that the CPTPP did not allow for prescribed origin declarations and requested that Viet Nam clarify their request as it did not appear to relate to matters covered by this Committee.

Agenda item 6: Next meeting

New Zealand concluded its period as Chair of the Committee on Rules of Origin and Origin Procedures. The Chair thanked Members for their active engagement and wished Canada well for their Chairmanship of the Committees in 2024. Canada will propose and organise the next meetings of the Committees.

Annex A: Agenda

Agenda item 1: Adoption of the agenda

Agenda item 2: Review of operation/implementation of Chapter 3 on Rules of Origin and Origin Procedures

Agenda item 3: Finalise Committee reports (June meetings)

Agenda item 4: Product Specific Rules (PSR) transposition HS2022

Agenda item 5: Other matters

Agenda item 6: Next meeting

Annex B.4: Electronic Commerce 2023 committee meeting 1 report

CPTPP/EC/2023/R001

  1. The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) Committee on Electronic Commerce (the Committee) met virtually on 23 March 2023. The following members participated: Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Viet Nam. It was the first meeting of the Committee for 2023. Ms. Sarah McDowell of New Zealand’s Ministry of Foreign Affairs and Trade acted as Chair and Mr. Hideyasu Tamura of Japan’s Ministry of Economy, Trade and Industry acted as Co-chair of the Committee.
  2. A summary of the Committee’s discussion and outcomes decided under the respective agenda items is set out below.

Agenda item 1: Adoption of the agenda

  1. The Co-chairs of the Committee welcomed Members to the meeting. The Chair thanked Singapore and Japan for their work as the Committee’s Co-chairs in 2022, working to ensure that the e-commerce chapter (the Chapter) remains relevant and useful. The Co-chair expressed commitment to work to make the Chapter more relevant to business and global society.
  2. The Chair then outlined the agenda for the meeting. Members approved the agenda without revisions.

Agenda item 2: Outline of programme of work for 2023

  1. The Chair recalled the discussions from Senior Official Meeting 1 (SOM1), which outlined the proposed work programme for the Committee in 2023, including building upon the work done in 2022.

Agenda item 3: Presentation of a report on implementation

  1. There was a presentation of a study on best practices for e-commerce implementation, which considered CPTPP Members’ implementation of the Chapter’s provisions.
  2. This presentation included an overview of the report, key findings and suggestions on how to take them forward.
  3. The Chair noted Member support for a dedicated session and will work to arrange a suitable date and time.

Agenda item 4: Exchange of views on best practices for E-Commerce implementation

  1. The Co-chairs introduced this item as an opportunity for Members to provide updates in their domestic context and challenges they were facing in the implementation of the Chapter.
  2. Several members provided updates and comments on legislative and regulatory reform relevant to the Chapter and digital trade within CPTPP Members in the last year.

Agenda item 5: Exchange of views on the proposed consideration of how the Chapter could be updated and improved in the future

  1. The Chair noted the broader discussions occurring in respect of the proposed general review of the CPTPP and that the Committee was already well placed to move discussions on this issue forward, particularly in light of workshops already held in 2022. There was interest in exploring and exchanging views of the Members on where opportunities might lie for new areas that are not included in the chapter, as well as to identify opportunities for collaboration. The Co-chairs emphasised this work as an exploratory exercise and would be done without prejudice to future negotiations.
  2. It was proposed that the views from the draft questionnaire would be compiled into a report in the case Members reach a consensus on that point. It was also proposed that in the drafting of that report, there would not be attributions of views expressed through the questionnaire to individual Members, and it would be solely for internal use.
  3. Several Members broadly expressed support for this work, noting that the CPTPP was still a ‘high watermark’ agreement that set high standards for trade. Collaboration on how to best track the economic impact of the Chapter was identified as a possible opportunity for cooperation, with some Members expressing difficulty in doing this.

Agenda item 6: Presentation of proposed activity on customs automation and digital trade facilitation

  1. The Chair introduced this item as a key project to advance paperless trade and trade facilitation provisions by the Members. Recalling the discussion at SOM1, it was noted this work would commence under the Committee, and further consideration be given to the creation of a separate, ad hoc body to allow for dedicated and specialised discussions.
  2. The proposed work stream would seek to understand the data sets required by Members’ customs authorities and identify commonalities and differences. This would inform the work required to advance towards a common data set that would enable opportunities such as single window interface interoperability and advance border clearance arrangements. A survey would be circulated, which would be used to inform a proposed workshop at the end of the year and a report to Senior Officials in advance of SOM5.
  3. Members broadly expressed support for this proposed work stream, with some Members noting the opportunities data sharing and customs automation would enable. Some Members noted that they were in the middle of consultation regarding the concept note.

Agenda item 7: Next meeting

  1. The Chair noted a number of proposed meetings:
    • A dedicated session to explore the study’s findings in detail;
    • A proposed workshop in October 2023 for the customs work stream; and
    • A potential ad hoc meeting to develop the report following the questionnaire referred to in Agenda Item 5 if required.

Agenda item 8: Committee Report

  1. The Chair noted a report of this meeting will be produced, containing a high-level summary and decisions made. This report will be made public unless otherwise desired by Members.
  2. The Chair thanked Members, including their customs authorities, for their participation and invited Members to reach out should they seek any clarification or wish to provide comment.

Annex B.5: Electronic Commerce 2023 committee meeting 2 report

CPTPP/EC/2023/R002

  1. The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) Committee on Electronic Commerce (the Committee) met virtually on 7 June 2023. The following members participated: Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, New Zealand, Peru, Singapore and Viet Nam. It was the second meeting of the Committee for 2023. Ms. Sarah McDowell of New Zealand’s Ministry of Foreign Affairs and Trade acted as Chair and Mr. Hideyasu Tamura of Japan’s Ministry of Economy, Trade and Industry acted as Co-chair of the Committee.
  2. The Co-chairs of the Committee welcomed Members to the meeting. It was noted that this meeting was in follow up to the March meeting of the Committee to have a dedicated session to present the findings on a report on best practices for e-commerce implementation, which considered CPTPP members implementation of the Chapter’s provisions. The Co-chairs thanked the study’s authors for attending the meeting.
  3. The Chair then outlined the agenda for the meeting, which was adopted without revision.
  4. The study’s authors gave a presentation on their study to Members, which was followed by a brief question and answer session.
  5. The Chair proposed a date for the Committee’s next meeting and outlined a proposed agenda.

Annex B.6: Electronic Commerce 2023 committee meeting 3 report

CPTPP/EC/2023/R003

  1. The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) Committee on Electronic Commerce (the Committee) met virtually on 16 June 2023. The following members participated: Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Viet Nam. It was the third meeting of the Committee for 2023. Ms. Sarah MCDOWELL of New Zealand’s Ministry of Foreign Affairs and Trade acted as Chair and Mr. Hideyasu TAMURA of Japan’s Ministry of Economy, Trade and Industry acted as Co-chair of the Committee.
  2. A summary of the Committee’s discussion and outcomes decided under the respective agenda items is set out below.
  3. The Co-chairs of the Committee welcomed Members to the meeting. The Chair outlined the agenda for the meeting, which was adopted without revision.

Agenda item 1: Next steps on implementation study

  1. The Chair noted the request from a number of Members to have an opportunity to make revisions to a study that looked into the Members’ implementation of the e-commerce chapter and asked for these to be provided in writing to the Chair and the study’s commissioner.
  2. Some members also shared views on possible next steps for the study. The Chair asked all Members to consider next steps and share them with the Chair to inform the development of a proposal for next steps.

Agenda item 2: Update on questions about future work areas

  1. The Chair noted feedback received on questions to look into future work areas and set out next steps for Members to provide their responses to the questions. The Co-chair expressed support for the questions and offered assistance if needed in the development of the report. Members also expressed support for the questions. The Chair will circulate the questions to Members after the meeting along with the proposed timetable for inputs and development of the report to Senior Officials at the final Senior Officials Meeting at the end of the year.

Agenda item 3: Establishing of Customs and Trade Facilitation body

  1. The Chair shared a draft decision to set up an ad hoc customs and trade facilitation body for Members’ feedback ahead of the Joint Commission meeting in July. Members had a discussion on the draft decision. The Chair asked for Members to provide feedback on the draft decision.

Agenda item 4: Update on Customs and Trade Facilitation programme

  1. The Chair provided an update to the proposed customs and trade facilitation work programme. Members then had a discussion on the work programme and proposed next steps. The Chair will circulate the final concept note on the work programme and the survey for Members to complete.

Next steps

  1. The Chair summarised the decisions made, next steps for Members and associated deadlines. The Chair closed the meeting.

Annex B.7: State Owned Enterprises and Designated Monopolies 2023 committee meeting report

CPTPP/SOE/2023/R002

  1. The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) State Owned Enterprises Committee meeting was held in a virtual format via videoconference on 15 November 2023 (New Zealand Time). Delegates from the following CPTPP Members participated: Australia, Brunei, Canada, Chile, Japan, Mexico, New Zealand, Singapore, Viet Nam and the United Kingdom. Ms. Sophie Yeoman, Senior Policy Officer for Rules, Sustainability, and Intellectual Property, Ministry of Foreign Affairs and Trade, chaired the Committee.
  2. The Committee agenda is attached at Annex A.
  3. A summary of the Committee’s discussion and any outcomes confirmed under the respective agenda items is set out below.

Agenda item 1: Adoption of the agenda

Agenda item 2: Transparency (17.10)

Agenda item 3: Threshold calculation (Annex 17-A)

Agenda item 4: Technical cooperation (17.11)

Agenda item 5: Operation and implementation (17.12)

Agenda item 6: Cooperative efforts (17.12) 

Agenda item 7: Further negotiations (17.14 and Annex 17-C)

Agenda item 8: Lessons from the UK’s Accession Process

Agenda item 9: Committee report

Annex A: Agenda

Agenda item 1: Adoption of the agenda

Agenda item 2: Transparency (17.10)

Agenda item 3: Threshold calculation (Annex 17-A)

Agenda item 4: Technical cooperation (17.11)

Agenda item 5: Operation and implementation (17.12)

Agenda item 6: Cooperative efforts (17.12)

Agenda item 7: Further negotiations (17.14 and Annex 17-C)

Agenda item 8: Lessons from the UK’s Accession Process

Agenda item 9: Committee report

Annex B.8: Government Procurement 2023 committee meeting summary report

CPTPP/GP/2023/R001

A Government Procurement (GP) Committee was established under the GP Chapter of CPTPP. The GP Committee met in August 2023 for first time since the coming into force of CPTPP. Parties welcomed the United Kingdom as a signatory to the discussions. A range of matters related to the accession process and government procurement in general were discussed at the meeting. This included rules of procedure for the Committee, lessons learned from the UK accession process, principles to consider for future accessions, and information sharing on recent developments on government procurement.

Annex B.9: Labour Council 2023 meeting report

CPTPP/LAC/2023/R001

  1. The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) Labour Council was held virtually on 21st November 2023. Delegates from the following CPTPP members participated: Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, UK and Viet Nam. New Zealand Chaired the meeting, with Singapore and Canada as Co-Chairs.
  2. The Council agenda is attached at Annex A.
  3. A summary of the Council’s discussion under the respective agenda items is set out below.
  4. Agenda item 1: The Chair provided welcome remarks, noting the importance of the Labour Council’s work and the key focus of the Five Year Review of the Chapter.
  5. Agenda item 2: The Chair briefed the Council on meeting arrangements and the Council agreed to adopt the Agenda.
  6. Agenda item 3: Senior officials introduced their Delegations.
  7. Agenda item 4: Delegations confirmed their respective Contact Points for the Labour Chapter pursuant to Article 19.3.
  8. Agenda item 5: Delegations presented their feedback in relation to the following review questions pursuant to Article 19.12 (4), “the Council shall review the implementation of this Chapter with a view to ensuring its effective operation and report the findings and any recommendations to the Commission”. The Review questions were the key focus of the meeting. The Chair summarised the key themes emerging from the presentations, in relation to the questions, as follows:
  9. What has your delegation's experience been in the implementation of the Labour Chapter? Have there been challenges that have arisen for implementing the Chapter, and/or do barriers to adoption exist?
    • Delegations identified no specific barriers to implementation of the Labour Chapter.
    • For some Parties, the Agreement has not been in place long enough to enable identification of issues or opportunities in relation to implementation.
    • Parties have diverse operational and legislative work programmes that relate to the Labour Chapter’s provisions. Many parties are ratifying and/or considering ratification of ILO Conventions – particularly the ILO Occupational Health and Safety Fundamental Conventions.
  10. Are there opportunities for addressing such challenges, and/or improving the implementation and operation of the Chapter?
    • No specific barriers, or opportunities to improve implementation were identified by Parties.
  11. Has the Chapter encouraged labour cooperation activities or otherwise acted to promote labour rights/best practice amongst participants? Has the current level of activity been sufficient, and are there areas where further discussion and cooperation between the Parties would be useful?
    • There was common reference to the value of cooperation among Parties on labour matters, as is highlighted in the Article 19.10 Cooperative provisions. Parties are actively cooperating on labour issues bilaterally at the ILO, APEC and other multilateral fora.
    • The importance of progressing the priority areas for cooperation agreed at the March 2021 Council meeting, particularly the two areas for which there was most support (promoting occupational safety and health, and promoting ethical and sustainable supply chains) was also noted. No parties identified specific cooperation actions taken through a work programme of the Labour Council, but other parties (e.g. Canada) reported funding cooperation activities in alignment with the aforementioned priorities.
  12. Agenda item 6: The Chair opened the floor to Members to participate in open discussion in relation to the Review questions pursuant to Article 19.12(4). There was no objection to the themes noted above being provided to the Joint Commission in relation to the Review.
  13. Agenda item 7: The Chair closed the meeting, noting that the next steps are for the Report to be agreed by Parties and communicated to the upcoming Senior Officials meeting, that the Report will help inform the General Review, and that the Report will be provided to the Joint Commission in due course.

New Zealand has also circulated to Parties (via an email of 24 November attaching the draft meeting report) a request for views on progressing cooperative priorities further, particularly in relation to the two priority areas previously identified (promoting occupational safety and health, and promoting ethical and sustainable supply chains), and welcomes Parties’ views and interest in an intersessional information-sharing session on either or both of those themes.

Annex A: Agenda

21 November: 1300 - 1600 [NZ standard time], virtual

Item 1 1300-1315

Mihi (welcome)

Item 2 1315-1325

Adoption of the agenda

Item 3 1325-1335

Introductions and housekeeping

Item 4 1335-1340

Confirming contacts list

(to be updated secretarially in advance of the meeting)

Item 5 1340 – 1440

Exchange of views on the Labour Chapter review

“the Council shall review the implementation of this Chapter with a view to ensuring its effective operation and report the findings and any recommendations to the Commission”.

Presentations on Chapter Review: Each Party to present their feedback on the review questions (5 mins per Party):

Question 1: What has your delegation's experience been in the implementation of the Labour Chapter? Have there been challenges that have arisen for implementing the Chapter, and/or do barriers to adoption exist?

Question 2: Are there opportunities for addressing such challenges, and/or improving the implementation and operation of the Chapter?

Question 3: Has the Chapter encouraged labour cooperation activities or otherwise acted to promote labour rights/best practice amongst participants? Has the current level of activity been sufficient, and are there areas where further discussion and cooperation between the Parties would be useful?

Item 6 1440 - 1540

Discussion of Chapter Review questions: An opportunity for open discussion of the Review Questions:

Question 1 (20mins)

Question 2 (20mins)

Question 3 (20mins)

Following the virtual meeting, a summary of views raised during the discussion will be collated by New Zealand, disseminated for review by Parties, and then brought to the attention of the 2024 Joint Commission.

Item 7 1540-1600

Close of meeting

Annex B.10: Environment 2023 committee meeting report

CPTPP/ENV/2023/R002

  1. The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) Environment Committee (ENV) meeting was held in a hybrid format via videoconference and in-person participation on 26 and 27 June 2023 in Auckland, New Zealand. Delegates from the following CPTPP Members participated: Australia, Canada, Chile, Japan, Malaysia Mexico, New Zealand, Peru, and Singapore. The meeting was chaired by New Zealand.
  2. A summary of items is set out below any outcomes confirmed under the respective agenda.

Agenda item 1

Agenda item 2: Mihi (Welcome)

Agenda item 3: Introductions and housekeeping

Agenda item 4: Adoption of the agenda

Agenda item 5: Panel discussion – New developments in Trade and Environment

Agenda items 7 and 8: Off-site visits to Climate Connect Aoetearoa – Hub for Collaborative Climate Innovation, and Mint Innovation

Agenda item 9: Exchange of views on the Environment Chapter review

Agenda item 10: Exchange of views on language for the Joint Ministerial Statement

Agenda item 12: Exchange of views on activities and proposals for cooperation

Agenda item 13: Committee report

Annex A: Agenda

26 and 27 June 2023, In-Person and Virtual, 9:15am (NZT)

Monday 26 June

Item 1 Delegates attending in person to gather

Item 2 Mihi (welcome) and morning tea

Item 3 Introductions and Housekeeping

Item 4 Adoption of the agenda

Item 5 Panel discussion: new developments in trade and environment

Item 7 Presentation and discussions with Climate Connect Aotearoa

Item 8 Site visit to Mint Innovation

Tuesday 27 June

Item 9 Exchange of views on the Environment Chapter review

Item 10 Exchange of views on language for the Joint Ministerial Statement

Item 11 Time set aside to continue exchange of views, as needed

Item 12 Exchange of views on activities and proposals for cooperation

Item 13 Committee Report

Annex B.11: Competitiveness and Business Facilitation 2023 committee meeting report

CPTPP/CBF/2023/R001

The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) Committee on Competitiveness and Business Facilitation (CBF) met virtually on 26 September 2023, 1300 NZT. Delegates from the following CPTPP Members participated: Canada, Japan, Mexico, New Zealand, Singapore and Viet Nam. The meeting was chaired by New Zealand.

Agenda item 1: Introductions

After introductions, the Committee decided to adopt the agenda (Annex 1).

Agenda item 2: CBF Committee Supply Chains Review

The Chair thanked Canada for their continued hard work in preparing the Empirical Analysis Report of the Supply Chains Review and invited them to present on it.

Canada spoke to the analysis that they had circulated with a presentation on the methodology in their report, and their findings. Its comments focused on the mandate to complete the report within prescribed timelines. It used 2018-2021 data from CPTPP Economies excluding Peru, Malaysia, Chile, Brunei Darussalam, and the United Kingdom (as the CPTPP had not or has not entered into force for these economies).

The Chair thanked Canada for presenting their report and noted it was heartening to see some positive signs of increasing trade where expected following the agreement’s recent entry into force.

Agenda item 3: Next steps

The Chair noted that discussion at previous meetings had included supplementing the report with case studies. New Zealand has reached out to its Trade Export Promotion agency for a few case studies of exporters having benefited from trading in CPTPP markets. It envisioned these studies being succinct (½ page-1 page) to add a qualitative assessment (notwithstanding commercial sensitivities). The Chair called on other CBF Members to contribute.

Annex A: Agenda

Agenda item 1: Introductions

Agenda item 2: CBF Committee Supply Chains Review - Empirical Analysis Report – Canada to introduce item, followed by comments from delegations

Agenda item 3: Next steps (New Zealand)

Annex C: 2024 Committee reports

Annex C.1: Trade in Goods and Agricultural Trade 2024 Committee meetings

CPTPP/TIG/2024/R001

CPTPP/AT/2024/R001

Item 1: Adoption of the agenda: CPTPP Members to consider and adopt the agenda of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) Committee on Trade in Goods and Agricultural Trade meeting.

The 6th meeting of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) Committee on Trade in Goods and Committee on Agricultural Trade was convened virtually on June 12, 2024. A roundtable was conducted with representation from every delegation, totalling nearly 70 participants. The agenda was adopted without any edits.

Item 2: Import licensing procedures notifications: CPTPP Members to provide updates on any changes to their import licensing procedures (Article 2.12).

CPTPP Members were reminded of the need to provide their import licensing procedures notification in accordance with Article 2.12. Canada stated it has reviewed its notification and will share a revised version in due course.

Item 3: Export licensing procedures notifications: CPTPP Members to provide updates on any changes to their export licensing procedures (Article 2.13).

CPTPP Members were reminded of the need to provide their export licensing procedures notification in accordance with Article 2.13. Canada stated it has reviewed its notification and will share a revised version in due course.

Item 4: Location of published information: CPTPP Members to provide updates on any changes to the location of their published information based on the previous template (Article 2.16).

CPTPP Members were reminded to review and update their published information promptly.

Item 5: Transposition Of tariff schedule: CPTPP Members to provide updates on the exchange of correlation tables from the HS 2017 and HS 2022 nomenclature (Article 2.18). CPTPP Members may also like to share views on experiences to-date and process for future transpositions.

The Chair emphasized the value of sharing correlation tables internally to enhance transparency and Members encouraged this process to be completed as soon as possible and in accordance with procedures adopted in 2015. Members decided to share past updates with the United Kingdom individually. Members requested that Malaysia submit its updated correlation tables despite the Agreement's recent entry into force for it. Australia proposed waiving the requirement for submitting information on zero-percent tariffs but agreed to review its schedule for any non-zero tariffs. New Zealand suggested tightening the timeframe for sharing transposed tariff schedules to six months to maximize the benefits. Vietnam, having finalized its HS2017 to HS2022 transposition, proposed agreeing on a standard format for future exchanges. Canada indicated that its updates could be provided by January 2027, timed with the HS2027 changeover, while several Members expressed potential support for a six-month timeframe after the changeover to a new version of the HS. 

Item 6: Transparency of export restrictions on foodstuffs: CPTPP Members to provide updates on any agricultural and food export prohibitions or restrictions applied (Article 2.24).

Canada affirmed it has not implemented export restrictions on foodstuffs during the COVID-19 pandemic or in response to the Ukraine situation and would follow CPTPP rules if such measures were considered. Singapore, Japan, and the United Kingdom urged Members to promote free and open global trade, avoid export restrictions on foodstuffs, and Japan reported submitting a WTO proposal on export restrictions.

Item 7: Tariff-rate quota administration, utilisation and transparency: CPTPP Members to exchange information on tariff-rate quota administration, utilisation, and transparency under the CPTPP.

New Zealand expressed regret with Canada's administration of tariff-rate quotas (TRQs), stating its position that it hinders full access and does not meet CPTPP obligations. Canada responded that it is fully compliant with its CPTPP obligations and noted that lower utilization of certain TRQs is caused by market dynamics and not Canada’s policies. Australia and the United Kingdom stressed the importance of adhering to CPTPP commitments on TRQ administration and ensuring effective market access. Mexico reported strong TRQ utilization in 2023 and offered to provide more data if needed, while Japan noted that its TRQ utilization rates are published online and that further increases in utilization for several products are expected for fiscal year 2023.

Item 8: Exchange of preferential utilisation data: CPTPP Members to discuss the preferential utilisation data exchange process and to advise on cases where 2022 data has not yet been shared.

The Chair thanked CPTPP Members for participating in the preference utilisation data exchange and urged those who have not shared their 2022 data to do so. Members discussed the importance and benefits of timely data exchange to enhance CPTPP use and offered technical assistance to Members as needed. Japan proposed involving senior officials annually to ensure compliance with submission deadlines, for which some Members expressed support.

Item 9: General review: CPTPP Members to discuss any matters for consideration as part of the three-year review process and the status of all NTMA chapter requirements, including Annex 2A – Measures of Mexico and Article 2.17 – participation in the WTO Ministerial Declaration on Trade in Information Technology Products.

The Chair outlined three priorities for Canada’s CPTPP chairship: Progressive Stewardship, Comprehensive Utilization, and Accessions. The Chair emphasized the importance of the General Review for evaluating the Agreement's effectiveness and asked Members to submit any outstanding comments as soon as possible. Japan proposed updating the CPTPP tariff schedules to reflect HS changes and promoted enhanced data exchange, with several Members expressing concerns about the practicality of updating the Agreement itself and highlighting the challenges of this proposal. The Chair inquired about the status of two NTMA chapter requirements: Annex 2A – Measures of Mexico and Article 2.17 – participation in the WTO Ministerial Declaration on Trade in Information Technology Products. Mexico and Chile confirmed that they had no updates to report, and Brunei noted that work is ongoing. New Zealand advocated for the CPTPP to remain at the forefront of trade agreements, supporting full tariff liberalization, and focusing on inclusivity and sectoral improvements. Australia proposed new text on sustainable agriculture and food systems, aiming for fairness and a minimum level of consistency while allowing policy space, and offered to circulate a detailed policy paper. Some Members expressed initial positive reactions to Australia’s proposal and all Members were encouraged to review and provide feedback on this proposal. New Zealand added that a discussion on agriculture subsidies should take place in this Committee.

Item 10: Other matters: CPTPP Members to discuss any other matters pertaining to Trade in Goods and Agricultural Trade.

The Chair welcomed the increasing interest in the CPTPP from aspiring economies and noted ongoing senior-level discussions about potential accessions. Members expressed that they look forward to engaging on this issue, and New Zealand stressed the need to ensure that new accessions do not erode market access for current Members.

Item 11: Next meeting: CPTPP Members to discuss the date and arrangements of the next meeting.

The Chair asked whether any Members would like to share any scheduling conflicts for Australia’s consideration next year during their chairship, noting that this meeting is usually held in June or early July. There were no comments.

Item 12: Committee report: CPTPP Members to discuss the report of the CPTPP Trade in Goods and Agricultural Trade Committee meeting.

The Chair confirmed that it would draft a committee report and would circulate it for comments via email, and thanked Members for their participation and engagement.

Annex C.2: Rules of Origin and Origin Procedures 7th Committee meeting report

CPTPP/ROO/2024/R001

  1. The 7th meeting of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) Committee on Rules of Origin and Origin Procedures took place virtually on 18th June 2024. Delegates from the following CPTPP Members were present at the meeting: Australia, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, the United Kingdom and Viet Nam. The meeting was chaired by Martin Thornell, Senior Advisor, Global Affairs Canada.
  2. The agenda of the Committee meeting is attached in Annex A, and a summary of the Committee’s discussions, as well as any outcomes under the respective agenda items are set out below.

Agenda item 1: Adoption of the agenda

  1. The Committee adopted the agenda.

Agenda item 2: Key principles and origin criterion documents

  1. Members continued discussions from previous Committee meetings related to a proposed set of key principles for the implementation of certification of origin. While most Members expressed support to consider the Key Principles document final, Viet Nam expressed concern and noted that its intersessional comments had not been received by the Chair and were not reflected in the draft document and an updated draft was circulated.
  2. Vietnam’s view is that, as para 7 Annex 3-B Chapter 3 (“Origin Criterion: Specify the rule of origin under which the good qualifies”), the statement of actual origin criterion does not require any additional obligation on minimum data requirements stated in Annex 3-B. Because of the differences of implementation among Parties on the reflection of Origin Criterion on C/O completed by exporters, Vietnam proposed that each Party should inform other Members about that Member State’s requirements on origin criterion for transparency in implementation.
  3. A number of Members intervened to encourage Viet Nam to reconsider its position given the advanced stage of discussion on this topic and that Viet Nam’s proposal extended obligations beyond those that appear in the text of the Agreement. Some Members reassured Viet Nam that the key principles document will not create an obligation that Viet Nam revise its domestic requirements related to export certification. No consensus was reached on the Key Principles document at this meeting.
  4. Canada thanked Members for their contribution to the Origin Criterion document and encouraged Members who had not already done so to submit their input.

Agenda item 3: General review

  1. Members reached a consensus on the input related to the General Review for Chapter 3: Rules of Origin and Origin Procedures.

Agenda item 4: Annex 3-A update from Members

  1. No Members informed any update related to Annex 3-A. In response to a request for an update from Japan with regards to Footnote 3 of Article 3.20, Viet Nam indicated that it was going through its domestic processes related to the implementation of a certification of origin by the importer, but that the firm date of implementation is not yet known.

Agenda item 5: Outstanding HS 2022 technical rectification proposals

  1. Members made progress on the outstanding HS 2022 technical rectification proposals. Members were encouraged to express their positions on the outstanding proposals as soon as possible.

Agenda item 6: Discussion about next steps for technical rectifications

  1. Stemming from discussions at previous committee meetings, Members briefly discussed how confirmed technical rectifications to the product-specific rules of origin (PSRs) could be implemented. Canada indicated that, given the lack of resolution in previous discussions on this topic, its preference was for these discussions to take place amongst Chapter 27 experts. Japan indicated a preference for Members to continue to discuss this issue at this committee in parallel with the discussion among Chapter 27 experts, and encourage Members to consider how to implement a new PSR in a timely and effective manner.

Agenda item 7: Other implementation matters

  1. Mexico suggested that Members should provide updated contact points for verification of origin according to article 3.27 (7) of CPTPP. Members confirmed this information would be best captured by adding a 3rdth column to the Manner and Timing Chart that had previously prepared by Members. Comments have been requested by 28 June 2024.
  2. Japan intervened to indicate that, in its view, since the discussions related to technical rectifications to the PSRs are ongoing, traders should not be denied preference when submitting a certification of origin written in HS 2012. Australia, Canada and New Zealand indicated that they accepted certifications of origin in any of the versions of the HS, and no comments were made to the contrary by other Members.
  3. In the context of the discussions on the CPTPP General Review, Singapore shared that a common query received was related to documentational requirements on the transit or transshipment of an originating good via an intermediate CPTPP Party, as the CPTPP is silent about the documentation requirements under such arrangements, Singapore expressed interest in better understanding Members' practices in this regard. Some Members expressed an interest in further information sharing at a future Committee meeting. A number of Members noted that no related amendments were being proposed.
  4. Related to Article 3.18(1), Japan expressed an interest in learning about what documentation is required when goods are transiting through a CPTPP Party. It indicated that it would circulate a questionnaire to survey Members practices. Following the meeting, Singapore expressed interest in developing the questionnaire with Japan.
  5. Viet Nam thanked those Members who had provided it with a response to their questionnaire on self-certification of origin by importer and encouraged others to provide input as well. Vietnam applies preferential treatment for exported goods from Vietnam to CPTPP Members. As according to Vietnam domestic regulations, internal procedures, those consignments must be imported into CPTPP Members. The customs declarant is requested to present copy of import declaration or equivalent document. Vietnam would like to seek CPTPP Members’ assistance to provide their sample of import declaration formats to facilitate CPTPP implementation in Vietnam. In case of doubt that the goods were not actually imported into other CPTPP Members, Vietnam may request the co-operation from other CPTPP Members to check those above-mentioned documents to facilitate the trade. Some Members indicated that this issue did not relate to Chapter 3 and would be better addressed under either Chapter 2 or Chapter 5.
  6. Australia expressed interest in working with Members to develop an excel spreadsheet for the PSRs at the 6-digit level of the HS.
  7. Malaysia proposed for Parties to exchange best practices on self-certification, through appropriate platform (e.g. virtual session/ in-person workshop) with Parties which are preparing to fully implement this Chapter.

Agenda item 8: Committee report

  1. The Committee decided to finalise the Committee report via email correspondence.

Annex A: Agenda

Agenda item 1: Adoption of the agenda

Agenda item 2: Key principles and origin criterion documents

Agenda item 3: General Review

Agenda item 4: Annex 3-A update from Members

Agenda item 5: Outstanding HS 2022 technical rectification proposals

Agenda item 6: Discussion about next steps for technical rectifications

Agenda item 7: Other implementation matters

Agenda item 8: Committee report

Annex C.3: Sanitary and Phytosanitary Measures Committee 2024 meeting report

CPTPP/SPS/2024/R001

The CPTPP Committee on Sanitary and Phytosanitary Measures held it 6th meeting on June 12-13, 2024, hosted virtually by Canada.

Agenda item 1: Adoption of the agenda

The agenda was adopted with the addition of an information item added to agenda item #5 (Certification) by Peru.

Agenda item 2: Update on contact points (7.6)

A revised version of the Contact Points and Competent Authorities will be circulated following the meeting. Japan noted the administration of food safety standards was transferred from the Ministry of Health, Labour and Welfare to the Consumer Affairs Agency in April 2024 and the changes have been added to the List of Competent Authorities.

Agenda item 3: Adaptation to regional conditions (7.7)

Some CPTPP Parties shared information regarding experiences with adaptation to regional conditions (regionalization, zoning, compartmentalization, pest-free areas and recognized biosecurity treatments).

New Zealand provided an update on several developments in their region including their certification and zoning foreign animal diseases project, HPAI, the WOAH Observatory study and “peacetime” zoning arrangements.

Mexico noted they submitted an African swine fever self-declaration of freedom to WOAH in April 2024 for its entire territory.

Singapore provided an update on its zoning arrangement with Australia for Food and Mouth Disease (FMD).

Agenda item 4: Audit (7.10)

CPTPP Parties were invited to share information regarding their experiences with Audits including virtual/remote audits.

Australia spoke to their proposal to Establish an Electronic Working Group (eWG) on Audit and Verification. The establishment of the working group proposed by Australia was accepted by Parties.

Agenda item 5: Certification (7.12)

CPTPP Chair (New Zealand) and Parties of the electronic Working Group (eWG) on Certification shared updates on progress of the working plan and papers covering topics decided at the last meeting.

New Zealand provided an update on the eWG and spoke to possible areas for future work. Canada confirmed its role as co-chair. Singapore, Chile, Japan, the United Kingdom, Malaysia and Mexico expressed interest in participating.

New Zealand provided a presentation regarding the use of electronic certification. Australia provided an update on their bilateral arrangements with several CPTPP Parties. Peru provided a presentation on SENASA’s experience with issuing ePhyto certificates.

Agenda item 6: Transparency (7.13)

Canada spoke to finalizing the proposed Guidance document related to article 7.13.6 of the Agreement. No further work was identified and it was decided that the ad hoc working group on Transparency be dissolved.

The United Kingdom provided a presentation on their Border Target Operating Model.

Agenda item 7: Equivalence (7.8)

CPTPP Parties were invited to share information regarding experiences and activities relating to equivalence, including systems equivalence.

Australia provided a presentation on food regulatory information sharing. Australia offered to host a webinar as a follow-up to their presentation to share additional information with Parties. This suggestion was well received by Parties.

Agenda item 8: Matters relevant to WTO SPS Committee and/or Codex / WOAH / IPPC meetings (7.5)

CPTPP Parties were invited to share their experiences on meetings within the margins of various international fora (CODEX, WTO SPS, IPPC, WOAH).

Singapore shared its proposals for New Food Production Systems (NFPS) discussions at Codex and invited CPTPP Parties to explore working together on these issues.

Canada to host the 48th session of the Codex Committee on Food Labelling (CCFL) from October 27 - November 1, 2024, in Quebec City, Quebec.

Australia to host the Codex Committee on Food Import and Export Inspection and Certification Systems (CCFICS) September 16-20, 2024, in Cairns, Queensland.

Agenda item 9: Cooperation (7.15)

CPTPP Parties shared information regarding experiences on areas of cooperation and technical assistance.

Australia spoke to a paper regarding the Harmonization of MRLs on pesticides facilitating CPTPP trade through alignment of MRLs. Australia proposed to lead on a survey, stocktaking exercise and workshop to identify any gaps Parties may have that need to be addressed to apply the APEC Import MRL Guidelines. A report with the results of the initiative will be shared with Parties at the 7th CPTPP SPS Committee meeting. Canada, the United Kingdom, Chile, Singapore and Japan indicated support for the proposal.

Australia also spoke to a paper on Phytosanitary Irradiation and Phytosanitary Systems Approaches. Australia then offered to lead on a stocktaking exercise and gap analysis on current practices among Parties to establish a baseline and identify barriers to uptake and opportunities to exchange capacity building. Canada and the United Kingdom supported this initiative.

Canada noted it has established its first agriculture and agri-food office in the Indo-Pacific region to strengthen partnerships, advance technical collaboration and sharing of expertise with regional partners. It also noted it will host a technical cooperation activity in September 18-20, 2024, which will include several CPTPP Parties. It will also host the third edition of the Indo-Pacific seminar on the Canadian Food Inspection Agency and its regulatory framework, September 23-27, 2024. Both events will take place in Ottawa, Ontario.

Canada updated CPTPP Parties on ongoing webinars related to Anti-Microbial Resistance (AMR), with Malaysia expressing gratitude for the ongoing support from Canada.

Agenda item 10: General review of the SPS Committee

Canada led a discussion on the review of the SPS Chapter and noted the following:

Agenda item 11: Other matters

New Zealand provided an update on last year’s Committee summary.

Agenda item 12: Next meeting

As host of the 7th CPTPP SPS Committee meeting, Australia provided an update on planning for the meeting and indicated it is hoping to hold the meeting in-person. Australia will canvas in-person participation through a poll in the coming months.

Agenda item 13: Committee report

Canada confirmed that each CPTPP committee is expected to publish a committee meeting summary at the end of each meeting. The summary will highlight discussions that took place during the 6th SPS Committee meeting. Once approved Canada plans to publish this year's SPS Committee summary on the Global Affairs Canada website for the CPTPP.

Annex C.4: Technical Barriers to Trade Fifth Committee report

CPTPP/TBT/2024/R001

  1. The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) Committee on Technical Barriers to Trade (TBT) met virtually on September 24/25, 2024. Delegates of the following CPTPP members participated: Australia, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, United Kingdom and The meeting was chaired by Mr. Francis Villeneuve, Deputy Director for Technical Barriers and Regulations at Global Affairs Canada.
  2. A summary of the Committee’s discussions and any confirmed outcomes are set out below under the respective agenda items.

Agenda item 1: Adoption of the agenda

  1. The Committee adopted the agenda as attached in ANNEX A.

Agenda item 2: Confirmation of contact points (8.12)

  1. The Chair requested that Members review and update the Contact Points list for the Committee, which will be shared with Members after the meeting.

Agenda item 3: Implementation and operation of the Chapter

3.1: Update on the CPTPP General Review and next steps

  1. Canada’s CPTPP coordination team provided a summary of the CPTPP General Review process and next steps. Canada informed Members that the review of most CPTPP chapters was complete, with work remaining in some areas. Deputy Senior Officials are discussing next steps, including identifying areas for an “early harvest” of completed issues in advance of the November CPTPP Ministerial Meeting. The drafting of the General Review report will begin in early 2025. Committees will be able to review the parts of the report concerning them. The goal is to have the report completed by the 2025 CPTPP Ministerial.
  2. The Chair provided an update on the General Review of the TBT Chapter, recalling the consultation process initiated in April 2024 with the questionnaire template (responses were received by 8 members) and the circulation of the Chair’s report at the end of July. The Chair clarified that the report was drafted under his responsibility and summarized the feedback received from Members. It did not represent a path forward for the work of the Committee, nor did it prejudge issues that the Committee should tackle or activities it should undertake – this being the responsibility of the entire Committee. The Chair reiterated that there was no need for Members to conduct consultations on the report, as it factually represents the feedback received through the questionnaire. The Chair further noted that he had decided not to attribute any of the recommendations, despite a few requests, as some Members had asked that their feedback remained unattributed. The Chair noted that the Committee meeting represented an opportunity for Members to discuss their own and/or to express their views on the input of others and to decide whether any of these elements merit addition to the work program. The Chair informed the Committee of a factual change that would be made to his final report regarding the wording of the mandate of Article 8.11.3.
  3. Canada noted that, as the Committee decides which issues should be further explored, the following must be kept in mind: amending the Chapter’s text will require time and resources; some topics may require significant domestic consultations; and the Committee should avoid duplication with other multilateral initiatives.
  4. The UK proposed two lines of work:
    • Marking and labelling: The UK noted that while there are marking and labelling provisions in the Wine and Spirits annex, there are no such provisions in the body of the TBT chapter. The UK further noted that there have been circa 600 STCs on marking and labelling at the WTO TBT Committee. The UK’s most modern and comprehensive FTAs include a section on marking and labelling. Establishing cooperation in this area could be beneficial. The UK will develop a paper outlining its thinking in more detail and seek Members’ views.
    • Wine and Spirits: The creation of a working group on wine and spirits under Annex 8.A. where Members can share best practices.
  5. In response to the UK’s proposals, Japan noted that the WTO TBT Agreement definition of technical regulations, incorporated in Article 8.1.1, already includes marking and labelling, and questioned the rationale of the UK’s idea. Australia suggested that the UK develop draft “terms of references” to provide Members with clarity on the kind of issues they would like the working group to address. The UK committed to develop both proposals on paper to be shared with the Committee.
  6. Australia proposed specific work on organic products to pursue the implementation of Annex 8-G. Australia noted that some Members have organics equivalence with other Members - Australia only has recognition with two members - and it sees value in developing CPTPP guidelines for organic equivalency based on CODEX. This could help organics trade in the region by reducing border interventions and in-country audits, reducing costs for producers, importers, exporters, and providing greater access of products of lower costs. As a first step, Australia suggested it could host a virtual meeting to facilitate discussion and information exchange on the subject. Australia will also outline it proposal in more detail on paper and circulate it to the Committee.
  7. Japan referred to work on ICT and cryptography (Annex 8-b) with possible coordination with work under Chapter 14 – E-commerce.

3.2: Reporting on the implementation and operation of the Chapter – information exchange

  1. The Chair provided an update on the information exchange template exercise initiated in 2019 and finalized in 2021. The Chair noted that 9 Members had submitted completed templates, which were shared via email to Committee contacts points in late 2021. However, they are not stored in a central place accessible to all.
  2. Canada suggested a second phase of the information exchange exercise whereby any Member that has not yet submitted a completed template could do so, while others could review and update if necessary. Canada further suggested that the on-line document portal developed by Japan be used to store and share the templates, along with other Committee-relevant documents.
  3. The Committee supported Canada’s proposal for a second phase of the information exchange. Japan also agreed to share instructions with Members on how to use the portal.

3.3: Transparency and role of enquiry points

  1. The Chair recalled Article 8.7.13 (b) of the Chapter on the role of WTO Enquiry Points in transmitting WTO notifications to other CPTPP Members.
  2. Canada reported that it had chosen to implement this Article by simply copying the Enquiry Points of all FTA partners when submitting notifications to the WTO. Canada encouraged others to take up this practice and offered to share with Members – for review and update – a document listing the coordinates of all CPTPP WTO Enquiry Points. This document could become an evergreen list of contacts, to facilitate the sharing of WTO notifications amongst CPTPP Members in the future. New Zealand expressed support for the proposal.

3.4: Work program

  1. The Chair launched a discussion on the future work programme of the Committee based on the exchanges under Agenda Item 3.1, and provided an overview of the work items discussed in previous CPTPP TBT Committee meetings:
    • Developing a work programme around conformity assessment acceptance, transparency and cooperation and trade facilitation – and having workshops on specific issues agreed as part of this work programme;
    • Having an informal meeting of WTO TBT Enquiry Points to enhance coordination on transparency among CPTPP Members;
    • Regulatory cooperation activities in relation to medical devices and/or pharmaceuticals, as well as cosmetics;
    • Exploring collaboration on organic products and wines and spirits; and
    • Greater cross-collaboration on TBT and SPS issues.
  2. Australia and the UK reiterated their plans to share documents outlining their proposals on marking and labelling provisions, a wine and spirits working group, and organic products equivalence. The UK also expressed an interest on the topic of national treatment for conformity assessment bodies.
  3. Canada suggested that members focus on areas not currently being addressed in other international fora.
  4. The Chair asked interested Members to outline their ideas for the work programme and to share them with the Committee by October 31st, 2024.

Agenda item 4: Other issues

4.1: Wine regulatory cooperation

  1. Australia presented a proposal for discussion on harmonization of wine testing methods and labelling. While most countries have exempted energy labelling for alcohol products, there is an increasing number of jurisdictions introducing regulations on nutritional labelling for alcohol products. The calculation of energy of wine is standard and consumers generally understand nutritional labelling; where there could be market access issues is in market verification of labels. Australia suggested there could be benefit in alignment between CPTPP members of energy labels regulations on alcohol or a mutual acceptance of labelling and verification methods. As a first step, Australia would survey members on their internal regulations and testing methodology to get a baseline understanding of how testing is calculated, as well as potentially hold a workshop to discuss these findings.
  2. The UK expressed support for this work and noted that the discussion paper had been shared with experts for review and comments. Japan also noted the need to have expert review the paper and proposal. Canada noted that it does not require energy labelling on alcohol and asked how this work aligns with CODEX and other international fora on wine standards.
  3. Australia thanked Members for the preliminary feedback and would welcome further comments and questions once internal reviews are completed. The Chair also set October 31st, 2024, as the deadline to submit feedback to Australia.

Agenda item 5: Next meeting

  1. Australia will chair the CPTPP in 2025 and while a date as not yet been set, Australia noted that it would likely be held around the same time of the year.
  2. Canada noted its interest in working with Australia during its host year and in carrying forward the work programme discussed at the meeting.

Agenda item 6: Committee report

  1. The Chair will draft a report of the meeting and circulate it to Members for review and comments.

Annex A: Agenda

Agenda item 1: Adoption of the agenda

Agenda item 2: Confirm contact points (8.12)

Agenda item 3: Implementation and operation of the Chapter

3.1: Update on the CPTPP General Review and next steps

The Chair will provide an update of the General Review and related next steps as it relates to the TBT Chapter

3.2: Reporting on the implementation and operation of the Chapter – information exchange

The Chair will provide an update on the Information Exchange exercise that took place in 2020-2021

3.3: Transparency and role of enquiry points

Canada will lead a discussion on the role of WTO Enquiry Points of CPTPP Parties

3.4: Work program

The Chair will invite Parties to present and/or discuss items for the TBT Committee’s work program for the next year

Agenda item 4: Other issues

4.1: Wine regulatory cooperation

Discussion on the harmonization of Wine Testing Methods and Labelling for Energy and Sugar (Australia to provide presentation on issues and circulate discussion paper in advance).

Agenda item 5: Next meeting

Agenda item 6: Committee report

Annex C.5: Financial Services 2024 Committee meeting report

CPTPP/FSC/2024/R001

On 4/5 July 2024, all twelve CPTPP members (including the UK as a signatory) met for the annual Financial Services Committee (FSC) meeting. The meeting had three components:

The meeting agenda is attached in Annex A.

Agenda item 1: Financial services trade landscape

All participants provided a brief overview of their legislative and regulatory developments since the last FSC meeting in 2022.

Agenda item 2: CPTPP General Review

Participants adopted the Financial Services (FS) Chapter Review Report, which was completed as part of the General Review process. The report will inform the overall General Review being completed at the Senior Officials level and will cover implementation of the Agreement and identify potential areas of discussions for future improvement to the Agreement. 

Broadly speaking, CPTPP members are satisfied with the FS chapter but discussed the following two areas of potential improvement:

While not covered under this agenda topic, the U.K. signalled its interest in participating in any future work to consider sustainable finance in the context of CPTPP and Australia noted its interest to include an e-payments article into the CPTPP FS Chapter (see below).

Agenda item 3: Financial sector regulatory and policy dialogue

This year’s dialogue covered four key areas:

  1. Artificial intelligence (AI) in Finance: New Zealand provided an overview of benefits (e.g., fraud detection) and risk (e.g., data biases) related to the use of machine learning and generative AI by financial institutions and pointed at the Digital Economy Partnership Agreement (DEPA) as a trade agreement which includes AI provisions. New Zealand recommended a holistic approach that would apply guidelines to the entire Agreement (not only to financial services) and warned against overly prescriptive provisions that could impede innovation in this area. Canada echoed comments made by New Zealand about potential benefits and risks of AI in finance and summarized how the ongoing financial institutions statutes review would examine whether Canada’s regulatory framework is equipped to manage AI. Canada advocated for a continued international dialogue on AI in the financial sector and that a coordinated and consistent approach on AI can help harness its benefits while mitigating its risks.
  2. Crypto Assets: Canada provided an update on new rules on stablecoins that trading platforms and issuers will have to meet later this year, as well as provided an overview of pending changes to disclosure obligations for financial institutions and pension plans, and ongoing consultations with provinces to protect members of regulated pension plans. Japan gave a broad presentation on their legal reforms on crypto assets in 2016, 2018 and 2022, which resulted in a more defined environment for stablecoins and an expanded basket of assets, as well as the requirement of identity verification. Singapore issued guidelines on consumer protection measures, as well as measures that digital payments providers should take, and explained that these measures were meant to mitigate the risks of consumer harm arising from dealing in cryptocurrencies and strengthen consumer education to equip them with the relevant knowledge on the risks of cryptocurrencies and their related services.
  3. Sustainable Finance: The U.K. spoke of the widespread use of green bonds and green notes and the benefits of encouraging practices on sustainable finance in international agreements by disclosing requirements, complying with international standards, supporting capacity building to improve the ability of financial institutions to integrate sustainability into their operations, and considering the role of regulatory frameworks. The U.K. noted that the CPTPP members could consider the development of cooperative provisions on sustainable finance in various international fora and pointed at the UK-AU FTA and UK-NZ FTA as examples of provisions that provide a platform for further cooperation. Malaysia supported discussions for cooperative provisions in this area and suggested to scope the provision to environment and climate aspects of sustainable finance given readiness of the financial market. Chile and Mexico supported Malaysia’s proposal on the scope of the provision. Chile made this topic a priority and proposed two pathways to explore possibilities. Chile would like to assess how to improve regulatory framework or policy to mobilize private financing into sustainable projects, and how regulators use measurements to address issues of financial risk for biodiversity loss.
  4. Electronic Payments: Australia gave an overview of its existing commitments on e-payments in its trade agreements, which encourage progress toward efficient, safe, and secure cross-border electronic payments. Australia noted the benefits of electronic transactions and encouraged trade agreements to take recent developments in this area into consideration to facilitate interoperability between CPTPP Parties. As an example, the AU-SG FTA encourages sandboxes to foster innovation in electronic payments, while maintaining policy space to address legitimate policy objectives. Australia reiterated the importance that the Financial Services Committee be engaged on this type of issue generally addressed under the Electronic Commerce Chapter. Singapore supported Australia’s intervention and added that they are developing a network of digital economy agreements, which contain provisions on electronic payments. Peru asked Australia what they thought an electronic payments article might look like. Australia agreed to follow up on this inquiry and subsequently provided the following reply:

During the CPTPP Financial Services Committee meeting on 5 July 2024, Australia presented an overview and rationale for a CPTPP electronic payments article.

In response, Peru asked Australia whether it intended for an electronic payment article to be more ambitious that that in the E-commerce Joint Statement Initiative.

At this point in time, Australia does not have a firm view on the specific drafting of an article in CPTPP. Australia would consider a meaningful article to be one which supports adoption of international standards, facilitates interoperability of payment systems, and encourages competition and innovation.

Agenda item 4: Next steps

As Chair, Canada will work with the incoming Chair, Australia, to facilitate further discussions on these matters.

Annex A: Agenda

Date and time: 4 July 2024, 20:00 PM Ottawa Time (duration: 4 hours)

Venue: Microsoft Teams virtual meeting

AGENDA

Item 1:

Opening remarks from the chair and adoption of the agenda (5 minutes)

Item 2:

General review and financial services chapter report

20:05 PM

Chair overview of current status and views received (15 minutes)

Participants will be invited to adopt the FS Chapter Review report.

20:20 PM

Open discussion 1 – Financial services trade landscape (60 minutes)

The Chair will go round the table to seek regulatory updates and views from participants on their domestic experiences since the last Financial Services Committee meeting. Each participant will be offered 5 minutes to provide their regulatory updates.

21:20 PM

Open discussion 2 – Possible areas of FS chapter improvements (60 minutes)

22:20 PM

Break Time (10 minutes)

Item 3:

Financial sector regulatory and policy dialogue

22:30 PM

Key topic 1 – Artificial intelligence (AI) in finance (20 minutes)

Participants will be invited to discuss sectoral implications and development in AI in the financial services sector in their respective countries.

22:50 PM

Key topic 2 – Crypto/Digital assets (20 minutes)

Participants will be invited to share their approach to crypto assets.

23:10 PM

Key topic 3 – Sustainable finance (20 minutes)

Participants will be invited to discuss ways to encourage sustainable finance initiatives, the sharing of expertise on innovative green financing instruments and cooperation for managing climate-related financial risks. 

23:30 PM

Key topic 4 – Electronic payments (20 minutes)

Participants will be invited to discuss the relevance for financial services of rules on digital services and e-payments.

Item 4:

Committee report and conclusion

23:50 PM

Next steps (10 minutes)

Annex C.6: Temporary Entry for Business Persons 2024 Committee meeting report

CPTPP/TE/2024/R001

  1. The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) Committee on Temporary Entry for Business Persons (TEBP) was held virtually on June 26, 2024. Delegates from the following CPTPP Parties participated: Australia, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam. The United Kingdom also participated as a non-ratified member. Tim Hunsley of Canada’s Department of Immigration, Refugees and Citizenship Canada chaired the Committee.

Agenda item 1: Opening remarks

  1. In addition to opening and closing remarks by the chair and vice-chairs (Australia and New Zealand), the Committee agenda consisted of four main items:
    • Discussion of the CPTPP General Review and TEPB Chapter inputs
    • Information sharing on Parties implementation of Article 12.6(a) of the TEPB Chapter
    • Discussion on a potential exchange of temporary entry-related data
    • Any other business

A summary of the Committee’s discussion and any outcomes agreed under the respective agenda items is set out below.

Agenda item 2: General Review

  1. Members discussed the General Review questionnaire, which was circulated prior to the meeting, and reflected on the implementation and operation of the Chapter since entry into force in 2018 as well as areas for possible improvements. Parties agreed the Chapter continues to function well and achieve its intended purpose, noting further that it remains a high-standard outcome on trade-related temporary labour mobility. Parties emphasized that they had neither the mandate nor interest to re-open the Chapter at the present time.
  2. This said, a few members offered specific ideas for improvements, should there ever be an opportunity:
    • Australia, Canada, and New Zealand highlighted certain progressive elements of the chapter which could be broadened, such as market access for accompanying spouses to better support gender-inclusive outcomes.
    • Peru highlighted the potential for discussing in the future new sectoral categories of business persons.
    • Canada also noted possible improvements to the articles on Application Procedures and Provision of Information based on more recent FTA practice.

Agenda item 3: Information sharing on Article 12.6

  1. Members engaged in a round-table discussion with each member sharing how it had implemented the transparency obligation in Article 12.6(a) and where this information could be found. Canada offered to create a document for internal use containing links to the relevant materials of each Party. Parties agreed to send this information to the Chair following the meeting.

Agenda item 4: Data exchange

  1. Members discussed the potential for a future exchange of temporary entry-related data to support the assessment and tracking of utilization. Parties shared that while they collect temporary entry-related data, there were limitations in being able to identify entry under the CPTPP TEPB Chapter. Some Parties noted, for example, that their immigration authorities collected entry data on nationality and visa category, but could not distinguish whether entry was under CPTPP, another FTA, or through the domestic regime. Canada was the sole exception, noting its system recorded entry specific to CPTPP. Canada offered to lead an informal data working group to further explore this area. In response, Singapore and Australia noted any changes to domestic data collection systems would be resource intensive and highlighted challenges in this regard.
  2. Reflecting on the comments shared by members, the Chair sought to respond to Singapore and Australia’s comments by noting any data exchange would be informal and voluntary. The Chair welcomed Canada’s proposal to create and lead an informal working group on this matter. As no Parties objected, the Chair committed to follow up following the meeting to seek the participation of interested members.

Agenda item 5: Other business

  1. Chile intervened to thank Canada on its organization and chairing of the meeting, further adding it supported the creation of a data working group for the TEPB Chapter, as well as for Chapter 10 on Cross-Border Trade in Services. Such groups, Chile said, would benefit from the participation of data experts.
  2. The meeting ended with a short discussion on next steps. The Chair advised members Canada would follow up the following week with a revised version of the General Review questionnaire for final input and comment and requested this be provided no later than July 19th. The Chair also requested members share links to the location of information pursuant to the implementation of Article 12.6. Finally, the Chair noted Canada would further gauge Parties interest in participating in an informal data working group and acknowledged participation could include relevant data experts.

Annex A: Agenda

Agenda item 1: Opening remarks

Agenda item 2: CPTPP General Review

Agenda item 3: Information sharing on Article 12.6

Agenda item 4: Temporary Entry Data exchange

Agenda item 5: Any other business

Annex C.7: E-Commerce Committee meeting 1 report

CPTPP/EC/2024/R001

  1. The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) Committee on Electronic Commerce (the Committee) met virtually on 9 May 2024. The following members participated: Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, the United Kingdom and Viet Nam. It was the first general meeting of the Committee for 2024, following the Customs and Trade Facilitation Workshop on 1 May 2024. Mr. Pierric Le Dorze of Global Affairs Canada chaired the meeting. Mr. Okamoto Yusuke of Japan’s Ministry of Economy, Trade and Industry co-chaired the meeting.
  2. A summary of the Committee’s discussion and outcomes decided under the respective agenda items is set out below.

Agenda item 1: Welcome and introduction from Chair and Co-Chair

  1. The co-chairs of the Committee welcomed Members to the meeting. The Chair thanked members for joining and outlined Canada’s priorities for the CPTPP as the Chair of the CPTPP Commission for 2024: (1) the progressive stewardship of the Agreement; (2) the comprehensive utilisation of the Agreement; as well as (3) a focus on accessions.
  2. The Chair highlighted the focus on this year’s General Review process, as well as the successful conclusion of past Committee work and the open and collaborative agenda. The Co-chair spoke of the importance of promoting digital trade through the full implementation of the Chapter and emphasised the importance of the General Review.

Agenda item 2: Adoption of the agenda

  1. The Chair outlined the agenda for the meeting. Members approved the agenda without revisions.

Agenda item 3: CPTPP General Review

  1. The Chair shared information on the General Review, including its basis and objectives (as defined in the Terms of Reference). The Co-Chair highlighted the importance of retaining a high degree of ambition of the agreement while keeping up with the rapidly-changing nature of digital trade. Co-Chairs encouraged engagement and discussion on the General Review.
  2. Members engaged actively and constructively on the General Review Committee Prompts, and several key themes emerged:
  3. A desire to retain the high ambition of the agreement;
  4. The importance of quantifying the impact of the E-Commerce chapter as well as the digital economy;
  5. A desire to enhance, review, update, and add provisions to the Chapter; and
  6. The importance of exploring linkages of the E-Commerce Chapter to other Chapters of the CPTPP in the context of the General Review.

Agena item 4: Update on the New Zealand Customs and Trade Facilitation Workshop

  1. A representative of the New Zealand Ministry of Foreign Affairs & Trade reported on the Customs and Trade Facilitation Workshop.

Agena item 5: Update on a report on implementation

  1. A representative from Singapore presented an update on the finalization of a study on best practices for E-commerce implementation.
  2. The report was officially finalized and will serve as a useful internal reference point for Committee Members.

Agenda item 6: Exchange of views on best practices for E-Commerce implementation; update on Notifications

  1. The Co-chairs introduced this item as an opportunity for Parties to provide updates in their domestic context and share any best practices or challenges they were facing in the implementation of the Chapter. The Co-Chair spoke to the importance of implementation.

Agena item 7: Other issues related to the CPTPP Committee on E-Commerce

  1. The Chair invited CPTPP Members to raise topics, provide updates, and exchange their views on other issues related to the Chapter.

Agenda item 8: Conclusion

  1. The Chair thanked all participants for their active engagement and outlined the next proposed meeting date.

Annex C.8: E-Commerce Committee meeting 2 report

CPTPP/EC/2024/R002

  1. The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) Committee on Electronic Commerce (the Committee) met virtually on 27 June 2024. The following members participated: Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, the United Kingdom and Viet Nam. It was the second general meeting of the Committee for 2024. Mr. Pierric Le Dorze of Global Affairs Canada chaired the meeting. Mr. Okamoto Yusuke of Japan’s Ministry of Economy, Trade and Industry co-chaired the meeting.
  2. A summary of the Committee’s discussion and outcomes decided under the respective agenda items is set out below.

Agenda item 1: Welcome and introduction from Chair and Co-Chair

  1. The Chair thanked members for constructive engagement since the last meeting on 9 May. The Co-chair welcomed the Committee’s positive work and exchanges with regard to the General Review.

Agenda item 2: Adoption of the agenda

  1. The Chair outlined the agenda for the meeting. Members approved the agenda without revisions.

Agenda item 3: Adoption of the summary of the meeting of 9 May 2024

  1. Members approved the summary of the Meeting of 9 May 2024 without revisions.

Agenda item 4: Presentations on the value of digital trade agreements and chapters and methods of quantification

  1. The UK, the OECD, and Chile each shared presentations on quantifying digital trade and the value of digital trade agreements.
  2. In their presentation, the UK Department for Business and Trade elaborated on the growth and prominence of digital trade in the UK’s economy (compromising over half of overall UK trade), the barriers faced by UK exporters of digital services (according to the Digital STRI), and the importance of digital trade chapters in FTAs.
  3. The OECD presentation, led by Dr. Javier Lopez Gonzalez, provided a comprehensive overview of the state-of-play for digital trade. He highlighted key trends including: lower trade costs, more data supporting international trade and crossing international borders, shifting geography of digital trade towards the Asia-Pacific region, and how small firms and individuals are more connected to import and export processes. He also pointed out that digital connectivity yields a “double dividend” for boosting both domestic and international trade, and that digital tools can lead to more inclusive outcomes. Dr. Gonzalez drew attention to growing barriers to digital trade measured by the Digital STRI, mostly in areas of infrastructure and connectivity (including data flows). He concluded by highlighting the benefits of digital trade chapters in RTAs and of broader multilateral discussions on digital.
  4. A Q&A session followed the presentation where members contributed interventions. The Chair and Co-Chair underscored the importance of continuing to share experiences and communicate benefits of digital trade among CPTPP members.
  5. A representative of Chile’s Vice Ministry of Trade delivered a presentation on Chile’s national experience with respect to digital trade and the measurement of services exports, including the ones delivered through electronic means.
  6. The Chair raised awareness of work on quantifying trade in digital products by estimating corporate revenue data (Estimating digital product trade through corporate revenue data).

Agenda item 5: Discussion on Emerging Issues

  1. The Chair provided an overview of the “Emerging Issues Process” to date, with Canada as Chair taking on role of proponent and sharing a document for Members’ comment.
  2. The UK presented a non-paper on market-distorting practices, with a focus on forced technology transfer (FTT) as the responsibility of the E-Commerce Chapter. The presentation noted cryptography and source code as possible future areas of work.
  3. As part of the Q&A, the Co-Chairs underscored the importance of the CPTPP responding to market-distorting practices to ensure a level playing field, while making the following points on FTT: 1) FTT undermines incentives for R&D and leads to lower foreign investment by discouraging firms from entering markets where FTT practices exist, so there is a need for legal stability and actions to avoid trade barriers; 2) CPTPP is an appropriate forum to examine whether existing rules are working properly and 3) as a potential path forward, members could start by developing common knowledge to discuss possible improvements of the FTT provisions in the CPTPP.

Agenda item 6: CPTPP General Review

  1. The Chair provided a general overview of the CPTPP General Review.
  2. The Chair committed to making the revisions needed to finalise the document and circulating for Members’ comments.

Agenda item 7: Update on the New Zealand Customs and Trade Facilitation Workshop

  1. A representative from the New Zealand Ministry of Foreign Affairs & Trade delivered an update on the Customs and Trade Facilitation Workshop, confirming that New Zealand will circulate a report outlining next steps, first to Members who provided input, and subsequently to all Members.

Agenda item 8: Exchange of views on best practices for E-Commerce implementation; update on Notifications

  1. A representative from Global Affairs Canada delivered a presentation on Canada’s national approach for promoting the protection of personal information in trade agreements. The presentation highlighted the importance and value of trust in digital trade, especially for individual users, and demonstrated Canada’s new trade practice in this regard.
  2. The Chair introduced this item as an opportunity for CPTPP Members to provide updates in their domestic context and share any best practices or challenges they were facing in the implementation of the Chapter.

Agenda item 9: Other issues related to the CPTPP Committee on E-Commerce

  1. The Chair invited CPTPP Members to raise topics, provide updates, and exchange their views on other issues related to the Chapter, although none were provided at this time.

Agenda item 10: Conclusion of meeting

  1. The Chair thanked participants for their engagement and closed the meeting.

Annex C.9: Government Procurement 2024 Committee meeting report

CPTPP/GP/2024/R001

    The Government Procurement Committee met on October 28th, 2024 (Ottawa time) for the second time since the entry into force of CPTPP. A range of issues were discussed at the meeting, including the general review process, key principles to consider for future accessions, and information sharing on recent developments in government procurement. A presentation was delivered on recent efforts to facilitate the participation of SMEs in government procurement, and procedural questions were introduced for further consideration on the modification and rectification of the annex and reporting on transitional measures.

    Annex C.10: State-Owned Enterprises and Designated Monopolies Committee report

    CPTPP/SOE/2024/R002

    1. The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) Committee on State-Owned Enterprises and Designated Monopolies (SOE Committee) meeting was held in a virtual format via videoconference on 3 July 2024 (18:00 hrs EST/Ottawa Time). Delegates from the following CPTPP Members participated: Australia, Canada, Chile, Japan, Mexico, New Zealand, Singapore, and the United Kingdom. Mr. Karl Van Kessel, Deputy Director for the Investment Trade Policy Division, Global Affairs Canada, chaired the Committee.
    2. The Committee agenda is attached at Annex A.
    3. A summary of the Committee’s discussion and any outcomes confirmed under the respective agenda items is set out below.

    Agenda item 1: Adoption of the agenda

    Agenda item 2: Transparency (17.10)

    Agenda item 3: Threshold calculation (Annex 17-A)

    Agenda item 4: Technical cooperation (17.11), cooperative efforts, operation and implementation (17.12)

    Agenda item 5: Canada’s non-paper (17.10.1/ 17.13.5 /Annex 17-A)

    Agenda item 6: Further negotiations (17.14 and Annex 17-C)

    Agenda item 7: General review

    Agenda item 8: Emerging issues

    Agenda item 9: Committee report

    Annex A: Agenda

    Agenda item 1: Adoption of the agenda

    Agenda item 2: Transparency (17.10)

    Agenda item 3: Threshold calculation (Annex 17-A)

    Agenda item 4: Technical cooperation (17.11), cooperative efforts, operation, and implementation (17.12)

    Agenda item 5: Canada’s non-paper (17.10.1/17.13.5/Annex 17 A)

    Agenda item 6: Further negotiations (17.14 and Annex 17-C)

    Agenda item 7: General review

    Agenda item 8: Emerging issues

    Agenda item 9: Committee report

    Annex C.11: Environment Committee meeting report

    CPTPP/ENV/2024/R002

    The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) Environment Committee meeting was held virtually on July 30, 2024 at 6 p.m. Eastern Daylight Time. Delegates from the following Member countries participated: Australia, Brunei, Canada, Chile, Japan, Mexico, New Zealand, Singapore and the United Kingdom. Gail Cockburn, Director in the Bilateral Affairs and Trade Directorate at Environment and Climate Change Canada, chaired the meeting.

    Agenda item 1: Opening

    The Chair welcomed Environment Committee Members and proceeded with land acknowledgments before asking each country’s main representative to introduce themselves. The Committee adopted the agenda (see Annex A).

    Agenda item 2: Discussion on Committee operations

    Following on the issues raised in the Chapter Report, the Chair proposed ways in which the operations of the Committee might be improved, including the introduction of a multi-year plan, amending the rules of procedure for the annual rotation of the Chair, and sharing information about each Member’s domestic implementation of Chapter 20. There was general agreement among Members to consider these suggestions, but some Members emphasized the need to avoid creating administrative burdens. Members took the opportunity to suggest other amendments to the rules of procedure, including clarifications on the public session and the meeting report. Members agreed to continue discussing these items in smaller groups to put forward proposals to the Committee.

    Action items

    Deliverables to CPTPP Commission

    The Chair noted that the Commission had asked the Committee to identify potential deliverables for the TPP Commission meeting next November. The Chair proposed the following:

    Agenda item 3: Review of fisheries subsidies notifications

    The Chair provided a status update of each Member’s fisheries subsidies notifications, noting that only Chile, Japan and Singapore were up-to-date. Members raised concerns over the duplication of work between the CPTPP and the WTO fisheries subsidies notifications processes. Members agreed to continue the discussion at the next Committee meeting.

    Action item

    Agenda item 4: Discussion on upcoming cooperation and engagement 

    The Chair put forward a proposal for the 2024 public session on the theme of plastics and trade to be held during the TPP Commission in November in Vancouver. Concerns were raised with regard to the timing of the public session, as it would be at the same time as the fifth session of the Intergovernmental Negotiating Committee in South Korea and some Members advised that their plastics experts would not be available. Canada noted that the event would not be meant to target negotiators or plastics experts, but people working on trade issues. Australia offered to engage with the WTO Informal Dialogue on Plastics Pollution and Environmentally Sustainable Plastics Trade to help with refining Canada’s proposal.

    In terms of cooperative activities for 2024 and 2025, Japan highlighted the Osaka Expo 2025, and Australia flagged an interest in Indigenous Peoples’ engagement in environmental protection, and the role of voluntary measures for enhanced environmental performance. Chile and the United Kingdom signaled they are consulting their governments to propose cooperation activities.

    Action items

    Agenda item 5: Review of status of draft documents 

    In discussing the draft Chapter Report and General Review, some Members advocated for Chapter 20 to include a reference to climate change, which would reinforce Member governments’ commitment to addressing climate change and ensure that Members take concrete action. They argued that a reference to climate change would help keep the CPTPP current and at the forefront of trade agreements.

    While all Members agreed climate change is of paramount importance and needs to be addressed, some Members were of the view that there is no need to reopen the Chapter, as the current text (e.g. Article 20.12 on Cooperation Frameworks) offers the opportunity to cooperate on topics that are not explicity named. Others highlighted the risks associated with a new round of negotiations, including the potential for reopening discussions on existing commitments and capacity concerns with implementing new potential provisions. Reopening the chapter also could present procedural challenges for some Members.

    Members agreed it would be valuable to have a dedicated session on the issue of modernization of the Chapter, and the Chair was tasked with organizing it.

    The Chair went over the different documents to finalize, and Members agreed that the Chapter Report deserved a redline review, while the General Review was complete. Members questioned the purpose and implications of the Green Economy Issue Sheet on the Committee’s work, and the Chair committed to seeking further clarification on this issue. No red lines were raised about the draft Joint Ministerial Statement, but Members agreed to provide further comments and discuss it at the next Committee meeting on modernization. The United Kingdom suggested the addition of a line that reflects today’s discussions on climate change, without prejudging a given outcome on the modernization of the text.

    Action items

    Agenda item 6: Action items and next steps 

    The Chair reviewed all the action items listed above.

    Action item

    Agenda item 7: Close of meeting 

    As incoming chair, Australia thanked Canada for their work and expressed their commitment to the CPTPP and their plans to ensure that Chapter 20 remains ambitious. The Chair provided concluding remarks, thanking Members for their active and productive participation, and adjourned the meeting at 9pm.

    Annex A: Agenda

    Agenda item 1: Opening 

    Objective: Welcome and introduce Members 

    Agenda item 2: Discussion on Committee operations 

    Objective: Review options to enhance Committee operations and strengthen the implementation of Chapter 20 

    Agenda item 3: Review of fisheries subsidies notifications

    Objective: Chair to share the status of Members’ fisheries subsidies notifications; Members to provide any updates as required 

    Agenda item 4: Discussion on upcoming cooperation and engagement

    Objectives:

    Agenda item 5: Review of status of draft documents

    Objectives:

    Agenda item 6: Action items and next steps

    Agenda item 7: Close of meeting

    Annex C.12: Competitiveness and Business Facilitation 2024 Committee meeting report

    CPTPP/RC/2024/R001

    CPTPP/CBF/2024/R001

    The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) Committee on Competitiveness and Business Facilitation (CBF) met twice virtually in 2024.

    The CBF Committee first met on 3 July 2024 at 1900 EST. Delegates from the following CPTPP Members participated: Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Singapore, United Kingdom and Viet Nam. The meeting was chaired by Canada. The meeting was used for emerging issue proponents to present their non-papers that were assigned to the CBF Committee by Deputy Senior Officials. Japan made a presentation on their non-paper concerning Supply Chain Resilience, followed by a presentation from Chile on their non-paper regarding Global Value Chains. Both non-papers were circulated to CBF Members for their review.

    The CBF then met on 25 September 2024 at 1900 EST to discuss regular business under the CBF Committee. Delegates from the following CPTPP Members participated: Canada, Chile, Japan, Malaysia, Mexico, New Zealand, United Kingdom and Viet Nam. The meeting was chaired by Canada.

    Agenda item 1: Introductions

    After introductions, the Chair noted that Chile had requested to include their emerging issues template under Any Other Business.

    Agenda item 2: Discussion of Article 22.3.7 submission of report

    The Chair provided background regarding the obligations set out in Article 22.3.5 and Article 22.3.7 within the CPTPP Competitiveness and Business Facilitation Chapter, while also noting the committee’s publication of analysis in 2023 responding to Article 22.3.5. The Chair then invited Members to provide views. 

    Canada proposed that the published analysis prepared by Canada’s Office of the Chief Economist for the CBF Committee in 2023 is sufficient to respond to Article 22.3.7 and can be presented to the Commission as the Committee’s findings, and referenced in the Joint Ministerial Statement.

    Japan sought clarification on Canada’s proposal for the submission of the report, as the report does not contain findings/recommendations. As a proposal, Japan suggested for the committee to produce recommendations and Canada, as CPTPP Commission Chair 2024, to draft the recommendation/report.

    Canada noted that the published analysis does not include recommendations, however noted that recommendations could be advanced through existing mechanisms, such as the General Review. Canada furthered that as Commission Chair, they do not have the resources to dedicate to leading the drafting of an additional report, should members determine the report under Article 22.3.5 is insufficient.

    Japan thanked Canada for further explaining its position and would consult internally whether to accept Canada’s proposal. 

    Chile inquired on next steps regarding capturing comments from Members on this issue.

    The Chair noted that Canada as Chair will write to Members with a proposed landing zone and seek comments.

    After the meeting, Members decided to leave the following Record of discussion as the recommendations set out in Article 22.3.7.to this report.

    Agenda item 3: Any other business

    Chile asked for suggestions from the Chair on the path forward for their emerging issues template on Global Value Chains.

    The Chair recommended for Chile to circulate a revised version of the template for any further comments and simultaneous approval from Members. The Chair also noted it would be preferable for the final emerging template to be submitted before the end of October to the Coordinating group.

    Record of discussion on the need for the Committee to make recommendations as set out in Article 22.3.7

    The Committee on Competitiveness and Business Facilitation (CBF committee) should continue to consider appropriate actions so that the Members promote and strengthen the development of supply chains in the free trade area. This should take into account the discussions on emerging issues being taken forward in the context of the General Review which are relevant to this Chapter, including supply chain resilience and global value chains.

    Annex C.13: Regulatory Coherence Third Committee meeting report

    CPTPP/RC/2024/R001

    1. The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) Committee on Regulatory Coherence met virtually on October 10/11, 2024. Delegates of the following CPTPP members participated: Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, United Kingdom and The meeting was chaired by Mr. Francis Villeneuve, Deputy Director for Technical Barriers and Regulations at Global Affairs Canada.
    2. A summary of the Committee’s discussions and any confirmed outcomes are set out below under the respective agenda

    Agenda item 1: Adoption of the agenda

    1. The Committee adopted the agenda as attached in ANNEX A.

    Agenda item 2: Confirmation of contact points (25.6.5)

    1. The Chair requested that Members review and update the Contact Points list for the Committee, which will be shared with Members after the meeting.

    Agenda item 3: Implementation and operation of the Chapter

    3.1: Update on the CPTPP General Review and next steps

    1. Canada’s CPTPP coordination team provided a summary of the CPTPP General Review process and next steps. Canada informed Members that the review of most CPTPP chapters was complete, with work remaining in some areas. Deputy Senior Officials are meeting in London the week of October 14 to discuss next steps, including identifying areas for an “early harvest” of completed issues in advance of the November CPTPP Ministerial Meeting. The drafting of the General Review report will begin in early 2025. Committees will be able to review the parts of the report concerning them. The goal is to have the report completed by the 2025 CPTPP Ministerial.
    2. The Chair provided an update on the General Review of the Regulatory Coherence Chapter, recalling the consultation process initiated in April 2024 with the questionnaire template (responses were received by 6 members) and the circulation of the Chair’s report at the end of July. The Chair clarified that the report was drafted under his responsibility and summarized the feedback received from Members. It did not represent a path forward for the work of the Committee, nor did it prejudge issues that the Committee should tackle or activities it should undertake – this being the responsibility of the entire Committee. The Chair reiterated that there was no need for Members to conduct consultations on the report, as it factually represents the feedback received through the questionnaire. Members had no further comments on the report.
    3. Canada noted it is up for Members to decide what issues, if any, should be considered as the Committee continues to explore the implementation and operation of the Chapter.
    4. New Zealand noted its support for identifying developments in good regulatory practice and experience with implementation, as provided for in the Regulatory Coherence Chapter, even if Members did not wish to recommend changes at this time. As an example, it noted that one challenge for the envisaged role of the Committee was that there are other international fora that already address issues related to Regulatory Coherence and Good Regulatory Practices.
    5. Chile noted that the Committee could consider the work on Good Regulatory Practices in other fora such has APEC and OECD as a starting point for its own work.

    3.2: Reporting on the implementation and operation of the Chapter

    3.2.1 Scope of covered regulatory measures (25.3)

    1. The Chair provided an update on the Article 25.3 obligations on making publicly available the scope of Members covered regulatory measures. The Chair noted that while some members have informed the Committee of the scope of their covered regulatory measures, this information was not consolidated and easily accessible to Members. The Chair added that the Committee could find value in having one main document where all the information could be accessible. Canada volunteered to prepare such a document and circulate it for Members input, and further suggested to use the CPTPP on-line document portal to store it at the end of the process.
    2. The UK added that they are in the process of developing their scope of covered regulatory measures and aim to submit this ahead of the December 2025 deadline.

    3.2.2 Notification of Implementation (25.9)

    1. The Chair provided an update on Article 25.9 on the Notification of Implementation. The Chair noted that there isn’t a central consolidated record of all notifications made under this Article.
    2. Canada recalled that in late 2020, it circulated its notification of implementation to Members, as well as a template that Members could use as a basis for their own notification. Canada further proposed to recirculate both documents to Members to facilitate the fulfilment of this obligation by all Members.
    3. New Zealand noted that some Members will soon need to prepare their second notice of implementation and suggested that, as a first step, Canada could recirculate the template as Members may want to consider changes to the 2020 version.

    3.3: Follow-up from 2020 and 2021 Regulatory Coherence Committees

    1. The Chair recalled decisions made by the Committee in previous meetings. In 2020, Members decided to exchange views on the need for establishing cooperation activities, as well as possible ways in which they might decide to do so under the Chapter. In 2021, the Committee decided to continue discussions on data management (access of documents, including relevant notifications, on the on-line document portal).
    2. New Zealand noted that it had previously expressed a hope that the Committee could become a learning and information sharing forum but acknowledged some challenges to establishing this sort of cooperation. The UK noted that it supports cooperation in general and would like to see the details of the proposals for cooperation activities specifically ahead of deciding to a particular path forward.
    3. Regarding data management, Canada explained the role of the CPTPP on-line document portal and its potential benefits for storing and accessing documents. Japan accepted to consult internally and eventually share information with Members on how to use/access the portal.

    3.4: Work program

    1. The Chair opened the discussion on the future work program of the Committee. The absence of Committee meetings in previous years had stalled progress on the chapter, but this meeting represented an opportunity to discuss elements for a possible future work program.
    2. New Zealand proposed the circulation of a survey identifying areas for potential future work, focused on training or information exchange. The UK suggested that one potential area to explore could be “alternatives to regulation” that Members may have considered, which may be more flexible, quicker to introduce and less burdensome than traditional regulations, while achieving the same purpose.

    Agenda item 4: Other issues

    1. Peru, as APEC host for 2024, provided a debrief of a workshop held on the margins of the APEC SOM meetings in August. The workshop, entitled “APEC Experiences on Good Regulatory Practices: Improving Public Consultations”, consisted of several sessions, including: Public consultations as a GRP tool for policy development; Peru’s experience on improving public consultation; Innovations in public consultation mechanisms; and Cooperation in the APEC region to support public consultations. The event allowed APEC economies to exchange on their experiences and identify lessons learned to improve the region’s progress on public consultations. New Zealand asked if the material from the workshop can be shared with Members and whether any outcomes of the workshop could be considered for the work program of the Committee. Peru accepted to share the presentations with the Committee once they are made public and noted that some of the best practices surveyed and discussed as part of this APEC project could be helpful for the Committee in determining its future work program.

    Agenda item 5: Next meeting

    1. Australia will chair the CPTPP in 2025.
    2. Canada noted its interest in working with Australia during its host year and in carrying forward the work programme discussed at the meeting.

    Agenda item 6: Committee report

    1. The Chair will draft a report of the meeting and circulate it to Members for review and comments.

    Annex A: Agenda

    Agenda item 1: Adoption of the agenda

    Agenda item 2: Confirm contact points (25.6.5)

    Agenda item 3: Implementation and operation of the Chapter

    3.1: Update on the CPTPP General Review and next steps

    The Chair will provide an update of the General Review and related next steps as it relates to the Regulatory Coherence Chapter.

    3.2: Reporting on the implementation and operation of the Chapter

    3.2.1 Scope of covered regulatory measures (25.3)

    The Chair will provide an update on the implementation of this Article.

    3.2.2 Notification of Implementation (25.9)

    The Chair will provide an update on the implementation of this Article.

    3.3: Follow-up from 2020 and 2021 Regulatory Coherence Committees

    The Chair will review decisions made by the Committee at its last two meetings, for discussion and consideration by the Committee.

    3.4: Work program

    The Chair will invite Parties to present and/or discuss items for the Regulatory Coherence Committee’s work program for the next year

    Agenda item 4: Other issues

    Agenda item 5: Next meeting

    Agenda item 6: Committee report

    Annex D: The growth of supply chain trade report

    Growth of supply chain trade report

    Annex E: Review of the CPTPP Environment Chapter (2018-2023)

    CPTPP/ENV/2024/0001

    Executive summary

    1. Article 20.19 (7) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) requires an assessment of the implementation and operation of the Environment Chapter five years after the Agreement’s entry into force. It also requires a report of its findings to the Parties and the Commission. As chairs in 2023 and 2024 respectively, New Zealand and Canada steered that review on behalf of the Committee, and all MembersFootnote 1 had opportunities to provide comments and feedback at various stages of the review. This report constitutes a submission from the Environment Committee.
    2. The review’s findings indicate that the Committee has fulfilled most of its provisions, and Members have faced no undue barriers in implementing the Chapter. Recognizing the untapped potential of the Chapter and the benefits of increased cooperation, many Members presented options to enhance the Chapter’s implementation.
    3. The Committee recommends identifying and implementing measures to improve engagement among Members. Strengthening and modernizing the Chapter to align with recent advancements in trade and environment that have exceeded the commitments negotiated in the CPTPP is of keen interest to several Members. However, the Committee has not reached consensus on the best way to engage in such a modernization and will continue discussions to make recommendations to the Commission on a path forward.

    Context

    1. The CPTPP is a free trade agreement in force between 11 Parties: Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam. In July 2023, Parties signed an Accession Protocol with a new member, the United Kingdom. All Members reviewed this report before its publication and reached consensus on its language.
    2. This review is mandated by Article 20.19 (7) of the Agreement, which stipulates that:
      • During the fifth year after the date of entry into force of this Agreement, the Committee shall:
        1. review the implementation and operation of this Chapter;
        2. report its findings, which may include recommendations, to the Parties and the Commission; and
        3. undertake subsequent reviews at intervals to be decided by the Parties.
    3. The Agreement came into force on December 30, 2018, and this review was initiated by New Zealand in 2023 and completed in 2024 by Canada. In July 2023, CPTPP Ministers agreed that “the review of the Environment Chapter will enable Parties to assess the implementation, operation, and contribution of the trade and environment provisions in the CPTPP, and consider recommendations in light of the growing environmental challenges which are facing Parties today, including climate change.”
    4. This review coincides with the General Review, another mandated exercise being conducted in 2024 at the Commission level. The objective of this exercise is to examine the Agreement to maximize CPTPP utilization and uptake, particularly by small and medium-sized enterprises, as well as trade outcomes that support women’s and Indigenous peoples’ economic empowerment, and sustainable environmental practices. In November 2023, Parties committed to “review the operation of this Agreement with a view to updating and enhancing this Agreement, through negotiations, as appropriate, to ensure that the disciplines contained in this Agreement remain relevant to the trade and investment issues and challenges confronting the Parties.” Although these are separate exercises, the Environment Chapter review will lay the groundwork for the Committee’s contribution to the General Review.

    Committee obligations under the Environment Chapter

    1. Article 20.2 (1) sets out the Environment Chapter’s intentions as such:
      • The objectives of this Chapter are to promote mutually supportive trade and environmental policies; promote high levels of environmental protection and effective enforcement of environmental laws; and enhance the capacities of the Parties to address trade-related environmental issues, including through cooperation.
    2. The Agreement commits Parties to strive to ensure that their environmental laws and policies provide for, and encourage, high levels of environmental protection. The Chapter also commits them to continue to improve their respective levels of environmental protection and effectively enforce their environmental laws. Some articles also provide for public participation and Parties’ cooperation on matters of mutual interest. While many obligations apply domestically to each Party, this review focuses on Committee-level obligations through the following articles.
    3. Article 20.5 on Protection of the Ozone Layer: Parties shall cooperate to address matters of mutual interest related to ozone-depleting substances. These include, but are not limited to: environmentally friendly alternatives to ozone-depleting substances; refrigerant management practices, policies and programmes; methodologies for stratospheric ozone measurements; and combating illegal trade in ozone-depleting substances.
    4. Article 20.6 on Protection of the Marine Environment from Ship Pollution: Parties shall cooperate to address matters of mutual interest with respect to pollution of the marine environment from ships, including: accidental pollution from ships, pollution from routine operations of ships, deliberate pollution from ships, development of technologies to minimize ship-generated waste, emissions from ships, adequacy of port waste reception facilities, increased protection in special geographic areas, and enforcement measures including notifications to flag States and, as appropriate, by port States.
    5. Article 20.9 on Public Submissions: The Chapter includes a public submission mechanism that enables individuals to request additional information about a Party’s implementation of the Chapter in a timely manner. Article 20.9 (5) mandates the Committee to establish procedures for discussing these submissions at its initial meeting. Within three years of the Agreement’s date of entry into force, the Committee must submit a written report to the Commission on the implementation of Article 20.9. Each Party must provide a written summary of its implementation activities under this article.
    6. Article 20.12 on Cooperative Frameworks: Article 20.12 recognizes the importance of cooperation for the successful implementation of the Chapter. Considering their national priorities and circumstances, Parties are required to cooperate to address matters of common interest when there is mutual benefit from that cooperation. Parties may share their priorities for cooperation with other Parties and propose cooperation activities, and are required to promote public participation in the development and implementation of these cooperative activities, as appropriate.
    7. Article 20.13 on Trade and Biodiversity: Parties shall cooperate to address matters of mutual interest, including, but not limited to exchanging information and experiences on the conservation and sustainable use of biological diversity, the protection and maintenance of ecosystems and ecosystem services, and access to genetic resources and the sharing of benefits arising from their utilization.
    8. Article 20.14 on Invasive Alien Species: The Committee shall coordinate with the Committee on Sanitary and Phytosanitary Measures to identify cooperative opportunities to share information and management experiences on the movement, prevention, detection, control and eradication of invasive alien species.
    9. Article 20.15 on Transition to a Low Emissions and Resilient Economy: Parties shall cooperate to address matters of joint or common interest in areas that may include, but are not limited to: energy efficiency; development of cost-effective, low emissions technologies and alternative, clean and renewable energy sources; sustainable transport and sustainable urban infrastructure development; addressing deforestation and forest degradation; emissions monitoring; market and non-market mechanisms; low emissions, resilient development and sharing of information and experiences in addressing this issue. This cooperation may take the form of cooperative and capacity-building activities, as appropriate.
    10. Article 20.16 on Marine Capture Fisheries: Each Party shall notify the other Parties within one year of entering the Agreement, and then every two years, of any subsidy granted or maintained to persons engaged in fishing or fishing-related activities. Parties shall review these notifications at regular meetings of the Committee, and shall also provide, to the extent possible, information in relation to other fisheries subsidies that the Party grants or maintains that are not covered in Article 20.16, in particular fuel subsidies. Parties are also required to cooperate to identify needs and build capacity to support efforts in combatting illegal, unreported and unregulated (IUU) fishing practices and deterring trade in products from species harvested from those practices.
    11. Article 20.17 on Conservation and Trade: Parties shall exchange information and experiences on issues of mutual interest related to combating the illegal take of, and illegal trade in, wild fauna and flora, and undertake, as appropriate, joint activities on conservation issues of mutual interest. Parties are also required to endeavour to identify opportunities to enhance law enforcement cooperation and information sharing.
    12. Article 20.18 on Environmental Goods and Services: The Committee will review issues raised by Parties concerning trade in environmental goods and services, including those identified as possible non-tariff barriers. Parties will strive to resolve any potential trade barriers in environmental goods and services identified by a Party, working through the Committee and collaborating with other relevant committees established under this Agreement, as needed.
    13. Article 20.19 on the Environment Committee and Contact Points: Each Party is required to designate a contact point to facilitate communication between Parties in the implementation of this Chapter, and notify the Committee of any changes. Parties are to establish an Environment Committee composed of senior government representatives, or their designees, of the relevant trade and environment national authorities. It shall meet every two years unless the Committee agrees otherwise. The Committee must provide for public input on matters relevant to the Committee’s work, as appropriate, and shall hold a public session at each meeting. The Committee’s mandate is defined by Article 20.19 (3) as follows:
      • The purpose of the Committee is to oversee the implementation of this Chapter and its functions shall be to:
        1. provide a forum to discuss and review the implementation of this Chapter;
        2. provide periodic reports to the Commission regarding the implementation of this Chapter;
        3. provide a forum to discuss and review cooperative activities under this Chapter;
        4. consider and endeavour to resolve matters referred to it under Article 20.21 (Senior Representative Consultations);
        5. coordinate with other committees established under this Agreement as appropriate; and
        6. perform any other functions as the Parties may decide.

    Implementation of the Environment Chapter

    1. This section provides a record of activities undertaken by the Environment Committee to fulfill its obligations in the implementation of the Environment Chapter since its entry into force in 2018.Footnote 2
    2. Article 20.5 on Protection of the Ozone Layer: Members have yet to cooperate on this specific article.
    3. Article 20.6 on Protection of the Marine Environment from Ship Pollution: Members have yet to cooperate on this specific article.
    4. Article 20.9 on Public Submissions: Under Canada’s leadership, Members discussed rules of procedures to consider public submissions and responses in 2020. These were established and reported to the Commission in 2021. The rules of procedures are available publicly. This mechanism remains unused as a public submission has yet to be referred to the Committee by any Party.
    5. Article 20.12 on Cooperative Frameworks: The Agreement features eight articles to foster cooperation among Members. Articles 20.5 on Protection of the Ozone Layer, 20.6 on Protection of the Marine Environment from Ship Pollution, 20.13 on Trade and Biodiversity, 20.15 on Transition to a Low Emissions and Resilient Economy, 20.16 on Marine Capture Fisheries, 20.17 on Conservation and Trade and 20.19 on the Environment Committee and Contact Points provide for specific types of cooperation, while Article 20.12 focuses on promoting overall cooperation. Under this latter article, Japan hosted the “Platform on Sustainable and Resilient Recovery from COVID-19” in September, and Canada held a dialogue on green recovery from COVID-19 in December 2020. In 2022, under Singapore’s leadership, Members compiled a comprehensive list of common areas of interest to be prioritized by the Committee, which can be found in the annex. The diverse array of disciplines reflects the Agreement’s potential for cooperation and the Parties’ shared concerns about the intersection of environment and trade. Members can use this list to plan for upcoming cooperation activities.
    6. Article 20.13 on Trade and Biodiversity: Japan organized a webinar session on the conservation and sustainable use of biodiversity in 2021, where participants shared the status of policy measures and practices aimed at achieving sustainable management of socio-ecological production landscapes and seascapes. Participants also discussed the need for holistic approaches to the conservation and sustainable use of biodiversity, including but not limited to utilizing traditional and Indigenous knowledge and raising awareness of stakeholders.
    7. Article 20.14 on Invasive Alien Species: To date the Committee has not coordinated with the Committee on Sanitary and Phytosanitary Measures to identify information-sharing opportunities on the movement, prevention, detection, control and eradication of invasive alien species. However, in 2021, Japan organized a webinar session on international cooperation to prevent the spread of invasive alien species, where participants presented the relevant efforts being made in preventing the spread of invasive alien species through unintentional introduction pathways.
    8. Article 20.15 on Transition to a Low Emissions and Resilient Economy: Japan organized two webinar sessions on this topic in 2021. The first webinar focused on circular economy and resource efficiency, while the second one focused on climate change and decarbonization.
    9. Article 20.16 on Marine Capture Fisheries: Eight Parties have submitted at least one notification on fisheries subsidies to the Committee to date, however most Parties have not provided updated fisheries subsidies notifications every two years. Committee chairs continue to collaborate with Parties to fulfill this obligation. In 2019, New Zealand shared its notification template with Members to support subsidies notification.
    10. Article 20.17 on Conservation and Trade: Canada and Mexico jointly organized two workshops on the illegal trade of wildlife species. The first was held in 2021 and focused on turtles and tortoises, while the second was held in 2023 and focused on sharks and stingrays. They were respectively attended by about 180 and 50 representatives from Parties’ government, non-government organizations and academia.
    11. Article 20.18 on Environmental Goods and Services: Members have yet to identify issues related to trade in environmental goods and services to be considered by the Committee in order to address any potential barriers to trade.
    12. Article 20.19 on the Environment Committee and Contact Points: In accordance with the Agreement, Parties established the Environment Committee after its entry into force. In 2020, Members agreed on a series of rules of procedures for the efficient coordination of the Committee’s operation. All Parties have designated a senior official or representative to sit on the Committee, and timely notifications of changes to contact points are typically communicated. Despite the Committee’s biennial meeting schedule, Members have opted for annual meetings to enhance implementation. During these meetings, the Committee conducted mandatory public sessions, adopting various formats determined by that year’s chair.
    YearChairPublic session theme and format
    2019JapanOceans and the Marine Environment (discussion organized by New Zealand)
    2020MexicoGreen Recovery from COVID-19 (public forum)
    2021JapanPreventing the Spread of Invasive Alien Species (webinar)
    2021JapanConservation and Sustainable Use of Biodiversity (webinar)
    2021JapanCircular Economy and Resource Efficiency (webinar)
    2021JapanClimate Change and Decarbonisation (webinar)
    2022SingaporeGreen Economy Cooperation in the CPTPP (seminar)
    2023New ZealandNew Developments in Trade and Environment (panel discussion)
    2023New ZealandHow Governments Can Support Climate and Circular Economy Businesses (discussion with New Zealand business leaders)

    Members’ views of the Chapter and its implementation

    1. In 2023, New Zealand prepared the groundwork for this review by soliciting the thoughts of Members on the Environment Chapter and its implementation. The majority of Members submitted responses to the following questionnaire or provided comments during the initial drafting.
      • At the time CPTPP was concluded, it was considered as marking a high standard for trade and environment commitments – how does your delegation view this assessment now?
      • Are there new elements that your delegation considers important for improving and/or modernising the Chapter including new and emerging issues, articles that you have agreed in subsequent agreements or have seen in other agreements, or developments in the domestic policies of other countries?
      • What has your delegation’s experience been in the implementation of the Environment Chapter? Have there been challenges that have arisen for implementing the Chapter, or do barriers to adoption exist?
      • Are there areas where further discussion and cooperation between the Members would be useful to support the implementation of environment commitments amongst the Parties?
    2. The following reflects the Members’ views.

    The CPTPP as a high standard for trade and environment commitments

    1. The Environment Chapter was seen as exemplary when it was negotiated ten years ago, and many Members consider that it still is. It was ambitious, covered a wide range of important environmental issues, and has acted as a benchmark for some Parties’ other bilateral and multilateral trade and environmental commitments. It also provides flexibility for Members to cooperate on issues that are not explicitly covered in the Chapter.
    2. Highlights of the Chapter identified by Members include the non-derogation and dispute settlement provisions; disciplines on IUU fishing, and fisheries management and subsidies; combating the illegal take of, and trade in, wild flora and fauna; commitments on the enforcement of environmental laws; and avoiding the use of environmental standards as disguised barriers to trade.
    3. Members also value the provisions for consultations and dispute mechanisms outlined under Article 20.7 on Procedural Matters. Despite having been untested so far, Members agree that the provisions’ legally binding nature contributes to the Chapter’s overall high quality.
    4. While the Agreement remains robust in matters of trade and environment, Members agree that the original text does not cover some global environmental issues that are a priority today, particularly climate change.  There is growing recognition among some Members of trade’s potential role in tackling major environmental crises.
    5. The 2023 Joint Ministerial Statement on the Occasion of the Seventh CPTPP Commission meeting in Auckland stated that the “CPTPP should continue to be at the forefront of global efforts to promote mutually supportive trade and environmental policies, and contribute to addressing our shared environmental challenges.” To maintain this level of ambition, some Members would like to modernize the Environment Chapter to include relevant environmental issues, reflect current standards in trade and environment agreements, and address barriers to environmental trade.  However, other Members argued that the focus should be on reviewing Members’ experience with implementing the Chapter and finding ways to support them in enhancing their implementation efforts. For some Members who have recently ratified the CPTPP, their primary focus is on implementation rather than modernization of the Chapter.

    Elements missing in the current Environment Chapter

    1. Members have identified a number of elements missing from the Chapter, but while some discussions have taken place on the Chapter’s modernization, they have not been comprehensive, nor have they been exhaustive. As such, the list provided in the next paragraph should be interpreted as observations from Members, and not as a Committee-wide endorsement on the need for the Chapter’s modernization. 
    2. Several Members highlighted the lack of a reference to climate change in the Environment Chapter. Various Members also identified the following omissions: air pollution, biodiversity, circular economy, clean energy, disaster risk resilience, marine litter and plastic pollution, a larger role for Indigenous Peoples and traditional knowledge, agricultural and fossil fuel subsidies, sustainable agriculture, and sustainable forest management and wood use. Some Members also pointed to the need to update language on fisheries subsidies.
    3. It was highlighted that the Agreement should support and avoid duplication with the International Maritime Organization and other legally binding international instruments currently being negotiated, such as the plastics treaty.

    Parties’ experience with the Chapter’s implementation

    1. The Committee convenes on an annual basis and engages by email and through virtual workshops between meetings. For some Members, this has contributed to the implementation of the Environment Chapter. However, some Members noted that, as they had recently ratified the CPTPP, they were still building capacity and expertise to implement the obligations. In this regard, some Members welcomed continued exchanges under the Committee to support their progress in implementing the Chapter.
    2. Some Members noted the need to update the Chapter in response to environmental challenges that have emerged in recent years, aiming to keep it effective in addressing these challenges. Several Members noted that they would like for the CPTPP’s ambition to be matched more proactively by concrete cooperation, but many Members viewed the current cooperation process—where priority areas for cooperation are agreed upon and each Member can propose cooperation activities—works well. Some Members also noted that, as Members were at different stages of implementing the Chapter, the Committee should support Members’ progress with implementation.

    Areas for further cooperation to support the Chapter’s implementation

    1. Parties identified a number of areas of interest for potential greater cooperation. These included managing and adapting to the impacts of climate change, including the transition to a decarbonized economy and green growth, international carbon markets, and decarbonizing technologies such as green hydrogen, carbon capture and storage (CCS); conservation and biodiversity; invasive alien species; clean and renewable energy, including solar energy and offshore wind; nature-based solutions; transition to a circular economy; development in sustainable waste and resource management; trade in environmental goods and services; plastic pollution including marine pollution; and reducing and reversing deforestation, as appropriate, through supply chains. This could include exchanges on best practice and cross-sectoral engagement.

    Contribution of the CPTPP’s environment and trade provisions

    1. Members have noted that there are currently no clear ways to measure the impact of the Environment Chapter on trade.Footnote 3

    Opportunities for the Committee

    1. All Parties agree that there are new opportunities for the Environment Committee, whether it is through exploring ways to enhance engagement under the Chapter as it exists or proceeding with its modernization.

    Enhancing engagement

    1. Since it was established, the Committee has met more frequently than the Chapter mandates and has also engaged by email and through virtual workshops. This regular engagement is valued by most Members.
    2. It was noted that the Committee would gain from a higher level of predictability in its activities. Currently, the Committee’s activities are heavily influenced by the priorities of the chairs. The Committee chair’s annual rotation has benefits, as it provides opportunities to focus on timely issues and it allows Members to gain exposure on different approaches and issues that might not have been identified otherwise. However, it can also lead to inconsistencies in what the Committee achieves on a year-to-year basis and some gaps in the fulfilment of timely implementation. Some Members suggested that a multi-year forward cooperation plan would assist with the Committee’s engagement continuity and planning, as well as with avoiding duplication of work.
    3. Some Members noted an insufficient level of engagement with subject matter experts from Members’ countries when designing and implementing cooperation activities. Members could explore the possibility of engaging the Committee with their experts to explore opportunities for enhanced cooperation.

    Modernizing the Environment Chapter

    1. With standards in trade and environment agreements having increased since the Agreement entered into force, some Members have expressed an interest in potentially modernizing the Environment Chapter for the CPTPP to remain at the forefront of international trade agreements. However, other Members argued that not all Members are at the same stage of implementation, and that their focus is on implementation rather than modernization. While Members generally share the view that there are missing areas in the current text, there is no consensus on how best to achieve a modernization, or whether efforts should be made in this regard at all.
    2. On one hand, some Members have proposed that the Environment Chapter should include references to current priority issues, including, but not limited to, climate change, the importance of the UNFCCC, the operationalization of the Paris Agreement, and the role played by Indigenous Peoples and communities in the protection of the environment. They would like Members to express an overall stronger recognition and commitment to environmental and climate issues, agree on high ambition outcomes, and reflect multilateral environment agreements signed by Members since the Agreement’s entry into force. They suggest that revisions to the Chapter would stress the importance of taking urgent action to combat climate change and its impacts, and the role of trade in pursuing this objective. It could also help drive investment and collective action in reducing emissions, as well as set a high level of ambition for current and future Parties.
    3. However, others noted that the current Agreement does not hinder Members to cooperate on matters not specifically mentioned in it, including the priority areas identified above. Furthermore, the Chapter is considered already ambitious, and there are many opportunities to engage in cooperation within the existing current provisions.
    4. It is also suggested that the CPTPP cannot always reflect all the latest global environmental developments, as these are in constant evolution. It would not be practical to expect the CPTPP (or any agreement) to be fully or constantly updated, as this would mean continuous negotiations. As such, these Members would like to ensure that the Chapter provides sufficient flexibility and room for Members to cooperate on new issues. They would like to explore opportunities that would prevent a new round of negotiations. Some Members suggested possible vehicles to reflect emerging issues, such as through strengthened cooperation, the use of interpretative statements or Commission decisions. No consensus was reached on the way forward.
    5. Finally, certain Members highlighted that reopening the Chapter carries the risk of potentially rolling back its high standards.

    Recommendations

    1. As per Article 20.19 (7) (c), the Parties must decide at which interval it wants to undertake subsequent reviews. The Committee recommends that such reviews should take place every five years in tandem with general review under Article 27.2.
    2. Based on this review, the Committee recommends the following:
      1. Continue the Chapter’s implementation to meet its obligations under Articles 20.5, 20.6, 20.9, 20.12, 20.13, 20.14, 20.15, 20.16, 20.17, 20.18, and 20.19.
      2. Explore ways to achieve greater cooperation and continuity between chairs, using the lists of cooperation activities formulated by Members. Engaging with subject matter experts from Parties’ countries may also help with determining cooperation in areas of common interest under Article 20.12.
      3. Continue discussions to make recommendations to the Commission on a path forward for Members to cooperate on areas of interest that are not reflected in the current Agreement.
    3. The Committee is cognizant that the findings and recommendations included in this report will feed into the General Review, as mandated by Article 27.2 (3) of the CPTPP.

    Indicative areas of interest for cooperation

    The Article on Cooperation requires Parties to cooperate to address matters of joint or common interest.

    Article 20.12.2: Cooperation

    Taking account of their national priorities and circumstances, and available resources, the Parties shall cooperate to address matters of joint or common interest among the participating Parties related to the implementation of this Chapter, when there is mutual benefit from that cooperation.

    Parties that have a shared interest in a particular area (or areas) of work can then work together to develop specific project proposals and plans to carry out the work.

    Australia

    Brunei Darussalam

    Canada

    Chile

    Japan

    Mexico

    New Zealand

    Peru

    Singapore

    Viet Nam

    Annex F: Joint ministerial statement

    Vancouver statement on the occasion of the eighth Commission meeting of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership

    Annex G: Commission decision to commence Accession Process for Costa Rica

    Decision by the Commission of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership regarding Costa Rica’s formal request to commence the Accession Process

    Annex H: Commission decision establishing order of chairs and vice chairs through 2031

    Decision by the Commission of the Comprehensive and Progressive Agreement for Trans‐Pacific Partnership regarding Administration for Implementation of the CPTPP

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