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Trans-Pacific Partnership Ministerial Statement

Ministers are pleased to announce that they have agreed on the core elements of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). The new accord is more comprehensive and progressive and allows member countries to postpone some responsibilities to ensure interests for each party in the new context.

Vietnamese Minister of Industry and Trade Tran Tuan Anh and Japanese Minister in charge of Economic Revitalization Toshimitsu Motegi co-chaired the press conference on TPP

Toshimitsu Motegi, Japanese Minister in charge of Economic Revitalization said as above at the press conference on announcement of discussion results of Ministers who take the responsibility of 11 member countries in Trans-Pacific Partnership (TPP) in Danang recently.

Minister Toshimitsu Motegi told that previously known as the Trans Pacific Partnership (TPP), it now will be known as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).

Ministers are also pleased to announce that they have agreed on the core elements of the new Agreement in the direction of maintaining the contents of the TPP and allowing member countries to postpone some responsibilities to ensure interests for each party in the new context.

According to this Statement, ministers have ordered officials to continue with their technical work, including efforts to finalise those items on which consensus has yet to be achieved and legal verification to prepare the final text for signing.

Below is the full text of the Trans-Pacific Partnership Ministerial Statement:

  1. When we last met in Ha Noi, Viet Nam on 21 May 2017, the Ministers of Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Viet Nam, reaffirmed the balanced outcome and the strategic and economic significance of the TPP Agreement signed in Auckland on 4 February 2016 (hereinafter referred to as "the TPP") highlighting its principles and high standards as a way to promote regional economic integration and contribute to the economic growth prospects of its member countries, and create new opportunities for workers, families, farmers, businesses and consumers. 
  2. In May, Ministers tasked officials to engage in a process of assessing options to bring the comprehensive, high quality Agreement into force expeditiously. Over the past several months, officials have worked to reach a balanced outcome that maintains the significant benefits of the TPP.
  3. Ministers are pleased to announce that they have agreed on the core elements of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). Ministers agreed to Annex I and II (attached) which incorporates provisions of the TPP, with the exception of a limited set of provisions which will be suspended. This text also incorporates a list of four specific items for which substantial progress was made but consensus must be achieved prior to signing.
  4. Ministers agree that the CPTPP maintains the high standards, overall balance, and integrity of the TPP while ensuring the commercial and other interests of all participants and preserving our inherent right to regulate, including the flexibility of the Parties to set legislative and regulatory priorities. Ministers also affirm the right of each Party to preserve, develop, and implement its cultural policies. Ministers consider that the CPTPP reflect the desire of the Parties to implement the TPP outcomes among themselves. 
  5. Ministers confirm that the legal instrument proposed for the CPTPP allows the participants to act decisively in a timely manner to advance their shared objectives. Ministers reaffirm that the CPTPP demonstrates their firm commitment to open markets, to combat protectionism, and to advance regional economic integration. 
  6. Noting Article 6 of the CPTPP, Ministers shared the view that the scope of a review may extend to proposals to amend the CPTPP, to reflect the circumstances‎ concerning the status of the TPP. 
  7. Furthermore, Ministers decided that all the TPP‎ side letters signed among the 11 countries will be maintained in principle, unless the relevant Parties decide otherwise.
  8. Ministers tasked officials to continue their technical work, including continuing their efforts toward finalising those items for which consensus has not yet been achieved, and legal verification of the English text and translation, to prepare finalised text for signature.
  9. Ministers recognize that each country will need to pursue its own domestic processes, including ‎for public consultation, in advance of signature.

Toshimitsu Motegi, Japanese Minister in charge of Economic Revitalization, added at the press conference that 20 provisions of the original deal had been put on hold, pending further discussions before any final approval by lawmakers in each country, including:

1. Express Shipments – Article 5.7.1(f) - suspend second sentence

2. Investment Agreement and Investment Authorisation (ISDS applies to these)

9.1 Definitions - suspend “investment agreement” and “investment authorisation” and

associated Footnotes (5 - 11)

9.19.1 Submission of Claim to Arbitration - a(i) B and C; (b)(i) B and C (investment

authorisation or investment agreement), chausette, footnote 31

9.19.2 Submission of Claim to Arbitration, footnote 32

9.19.3 Submission of Claim to Arbitration - (b)delete investment authorisation or investment

agreement

9.22.5 Selection of Arbitrators

9.25.2 Governing Law

Annex 9-L Investment Agreements

3. Express Delivery Services – Annex 10-B - suspend paragraph 5 and 6

4. Minimum Standard of Treatment in Article 11.2 – suspend sub-paragraph 2(b); footnote 3 and

Annex 11-E

5. Resolution of Telecommunications Disputes - Article 13.21.1(d)

6. Conditions for Participation - Article 15.8.5 - Commitments relating to labour rights in

conditions for participation

7. Further Negotiations - Article 15.24.2 - suspend “No later than three years after the date of

entry into force of this Agreement” *

* footnote: The Parties agree that negotiations referred to in Article 15.24.2 shall commence

no earlier than five years after entry into force of this Agreement, unless the Parties agree

otherwise. Such negotiations shall commence at the request of a Party.

8. National Treatment - Article 18.8 footnote 4 – suspend last two sentences

9. Patentable Subject Matter - Article 18.37.2 and 18.37.4 (Second Sentence)

10. Patent Term Adjustment for Unreasonable Granting Authority Delays - Article 18.46

11. Patent Term Adjustment for Unreasonable Curtailment – Article 18.48

12. Protection of Undisclosed Test or Other Data- Article 18.50

13. Biologics - Article 18.51

14. Term of Protection for Copyright and Related Rights - Article 18.63

15. Technological Protection Measures (TPMs) - Article 18.68

16. Rights Management Information (RMI) - Article 18.69

17. Protection of Encrypted Program-Carrying Satellite and Cable Signals - Article 18.79

18. Legal Remedies and Safe Harbours - Article 18.82 and Annexes 18-E and 18-F

19. Conservation and Trade (measures ‘to combat’ trade) - Article 20.17.5 – suspend “or another

applicable law” and footnote 26

20. Transparency and Procedural Fairness for Pharmaceutical Products and Medical Devices -

suspend Annex 26A - Article 3 on Procedural Fairness

Source: baochinhphu.vn (VGP News)

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