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[EU] EU-Japan FTA Proposal

THE KINGDOM OF BELGIUM, THE REPUBLIC OF BULGARIA, THE CZECH REPUBLIC, THE KINGDOM OF DENMARK, THE FEDERAL REPUBLIC OF GERMANY, THE REPUBLIC OF ESTONIA, IRELAND, THE HELLENIC REPUBLIC, THE KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF CYPRUS, THE REPUBLIC OF LATVIA, THE REPUBLIC OF LITHUANIA, THE GRAND DUCHY OF LUXEMBURG, THE REPUBLIC OF HUNGARY, MALTA, THE KINGDOM OF THE NETHERLANDS, THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF POLAND, THE PORTUGUESE REPUBLIC, ROMANIA, THE REPUBLIC OF SLOVENIA, THE SLOVAK REPUBLIC, THE REPUBLIC OF FINLAND, THE KINGDOM OF SWEDEN,
Contracting Parties to the Treaty on European Union and the Treaty on the Functioning of the European Union, hereinafter referred to as the ‘Member States of the European Union’, and THE EUROPEAN UNION, of the one part, and Japan, hereinafter referred to as ‘JAPAN’, of the other part,
RECOGNISING their longstanding and strong partnership based on the common principles and values reflected in the Framework Agreement;
DESIRING to further strengthen their close economic relationship as part of and in a manner coherent with their overall relations, and convinced that this Agreement will create a new climate for the development of trade and investment between the Parties;
CONVINCED that this Agreement will create an expanded and secure market for goods and services and a stable and predictable environment for investment, thus enhancing the competitiveness of their firms in global markets;
REAFFIRMING their commitment to the Charter of the United Nations signed in San Francisco on 26 June 1945 and the Universal Declaration of Human Rights adopted by the General Assembly of the United Nations on 10 December 1948;
REAFFIRMING their commitment to sustainable development and convinced of the contribution of international trade to sustainable development in its economic, social and environmental dimensions, including economic development, poverty reduction, full and productive employment and decent work for all as well as the protection and preservation of the environment and natural resources;
RECOGNISING the right of the Parties to take measures necessary to achieve legitimate public policy objectives on the basis of the level of protection that they deem appropriate, provided that such measures do not constitute a means of unjustifiable discrimination or a disguised restriction on international trade, as reflected in this Agreement;
RESOLVED to promote transparency as regards all relevant interested parties, including the private sector and civil society organisations;
DESIRING to raise living standards, promote economic growth and stability, create new employment opportunities and improve the general welfare by liberalising and expanding mutual trade and investment;
SEEKING to establish clear and mutually advantageous rules governing their trade and investment and to reduce or eliminate the barriers to mutual trade and investment;
RESOLVED to contribute to the harmonious development and expansion of world trade by removing obstacles to trade through this Agreement and to avoid creating new barriers to trade or investment between their territories that could reduce the benefits of this Agreement;
DESIRING to strengthen the development and enforcement of labour and environmental laws and policies, promote basic workers’ rights and sustainable development and implement this Agreement in a manner consistent with these objectives; and
BUILDING on their respective rights and obligations under the Marrakesh Agreement Establishing the World Trade Organisation, done on 15 April 1994 (hereinafter referred to as the ‘WTO Agreement’) and other multilateral, regional and bilateral agreements and arrangements to which they are party;
HAVE AGREED AS FOLLOWS:
Article 1.1
Objectives.
The Parties hereby establish a free trade area on goods, services, establishment and associated rules in accordance with this Agreement. 2. The objectives of this Agreement are:
(a) to liberalise and facilitate trade in goods between the Parties, in conformity with Article XXIV of the General Agreement on Tariffs and Trade 1994 (hereinafter referred to as ‘GATT 1994’);
(b) to liberalise trade in services and investment between the Parties, in conformity with Article V of the General Agreement on Trade in Services (hereinafter referred to as ‘GATS’);
(c) to promote competition in their economies, particularly as it relates to economic relations between the Parties;
(d) to further liberalise, on a mutual basis, the government procurement markets of the Parties;
(e) to adequately and effectively protect intellectual property rights;
(f) to contribute, by removing barriers to trade and by developing an environment conducive to increased investment flows, to the harmonious development and expansion of world trade;
(g) to commit, in the recognition that sustainable development is an overarching objective, to the development of international trade in such a way as to contribute to the objective of sustainable development and strive to ensure that this objective is integrated and reflected at every level of the Parties’ trade relationship; and
(h) to promote foreign direct investment without lowering or reducing environmental, labour or occupational health and safety standards in the application and enforcement of environmental and labour laws of the Parties.
(i) to strive for near elimination of import duties on all produce and deep liberalisation in trade in services. This agreement shall cover provisions for intellectual property (including geographical indications), public procurement, competition, transparency of regulation and sustainable development. Specific commitments against non-tariff obstacles on sectors such as automobiles, pharmaceuticals and electronic goods.
Article 2.1
Fees and other charges on imports
Each Party shall ensure that all fees and charges of whatever character (other than customs duties and the items that are excluded from the definition of a customs duty under Article 2.3(a), (b) and (d)) imposed on, or in connection with, importation are limited in amount to the approximate cost of services rendered, are not calculated on an ad valorem basis, and do not represent an indirect protection to domestic goods or taxation of imports for fiscal purposes.
Article 2.2
Duties, taxes or other fees and charges on exports
Neither Party may maintain or institute any duties, taxes or other fees and charges imposed on, or in connection with, the exportation of goods to the other Party, or any internal taxes, fees and charges on goods exported to the other Party that are in excess of those imposed on like goods destined for internal sale.
Article 2.3
Duties, taxes or other fees and charges on exports
Neither Party may maintain or institute any duties, taxes or other fees and charges imposed on, or in connection with, the exportation of goods to the other Party, or any internal taxes, fees and charges on goods exported to the other Party that are in excess of those imposed on like goods destined for internal sale.
Article 2.4
Committee on Trade in Goods
  1. The Committee on Trade in Goods established pursuant to this agreement (Specialised Committees) shall meet on the request of a Party or of the Trade Committee to consider any matter arising under this Chapter and comprise representatives of the Parties.
  2. The Committee’s functions shall include: (a) promoting trade in goods between the Parties, including through consultations on accelerating and broadening the scope of tariff elimination and broadening of the scope of commitments on non-tariff measures under this Agreement and other issues as appropriate; and
(b) addressing tariff and non-tariff measures to trade in goods between the Parties and, if appropriate, referring such matters to the Trade Committee for its consideration, in so far as these tasks have not been entrusted to the relevant Working Groups established pursuant to the Committee on Trade in Goods.
Article 2.5
Special provisions on administrative cooperation*
  1. The Parties agree that administrative cooperation is essential for the implementation and the control of preferential tariff treatment granted under this Chapter and underline their commitments to combat irregularities and fraud in customs and related matters.
  2. Where a Party has made a finding, on the basis of objective information, of a failure to provide administrative cooperation and/or irregularities or fraud, on the request of that Party, the Customs Committee shall meet within 20 days of such request to seek, as a matter of urgency, to resolve the situation. The consultations held within the framework of the Customs Committee will be considered as fulfilling the same function as consultation.
Article 3.1
Provisional measures
In critical circumstances where delay would cause damage that would be difficult to repair, a Party may apply a bilateral safeguard measure on a provisional basis pursuant to a preliminary determination that there is clear evidence that imports of an originating good from the other Party have increased as the result of the reduction or elimination of a customs duty under this Agreement, and such imports cause serious injury, or threat thereof, to the domestic industry. The duration of any provisional measure shall not exceed 200 days, during which time the Party shall comply of the Agreement on Safeguards contained in Annex 1A to the WTO Agreement of the Agreement on Safeguards are incorporated into and made part of this Agreement, mutatis mutandis.
Article 3.2
Compensation
  1. A Party applying a bilateral safeguard measure shall consult with the other Party in order to mutually agree on appropriate trade liberalising compensation in the form of concessions having substantially equivalent trade effects or equivalent to the value of the additional duties expected to result from the safeguard measure. The Party shall provide an opportunity for such consultations no later than 30 days after the application of the bilateral safeguard measure.
  2. If the consultations under paragraph 1 do not result in an agreement on trade liberalising compensation within 30 days after the consultations begin, the Party whose goods are subject to the safeguard measure may suspend the application of substantially equivalent concessions to the Party applying the safeguard measure
  3. The right of suspension referred to in paragraph 2 shall not be exercised for the first 24 months during which a bilateral safeguard measure is in effect, provided that the safeguard measure conforms to the provisions of this Agreement.
Article 3.3
Anti-dumping and countervailing duties
  1. Except as otherwise provided for in this Chapter, the Parties maintain their rights and obligations under Article VI of GATT 1994, the Agreement on Implementation of Article VI of GATT 1994, contained in Annex 1A to the WTO Agreement (hereinafter referred to as the ‘Anti-Dumping Agreement’) and the Agreement on Subsidies and Countervailing Measures, contained in Annex 1A to the WTO Agreement (hereinafter referred to as the ‘SCM Agreement’).
  2. The Parties agree that anti-dumping and countervailing duties should be used in full compliance with the relevant WTO requirements and should be based on a fair and transparent system as regards proceedings affecting goods originating in the other Party. For this purpose the Parties shall ensure, immediately after any imposition of provisional measures and in any case before the final determination, full and meaningful disclosure of all essential facts and considerations which form the basis for the decision to apply measures, without prejudice to Article 6.5 of the Anti-Dumping Agreement and Article 12.4 of the SCM Agreement. Disclosures shall be made in writing, and allow interested parties sufficient time to make their comments.
Article 3.4
Consideration of public interests
The Parties shall endeavour to consider the public interests before imposing an anti-dumping or countervailing duty.
Article 3.5
Investigation after termination resulting from a review
The Parties agree to examine, with special care, any application for initiation of an anti-dumping investigation on a good originating in the other Party and on which anti-dumping measures have been terminated in the previous 12 months as a result of a review. Unless this pre-initiation examination indicates that the circumstances have changed, the investigation shall not proceed.
Article 3.6
Lesser duty rule
Should a Party decide to impose an anti-dumping or countervailing duty, the amount of such duty shall not exceed the margin of dumping or countervailable subsidies, and it should be less than the margin if such lesser duty would be adequate to remove the injury to the domestic industry.
Article 4.1
Market access
  1. With respect to market access through the cross-border supply of services, each Party shall accord to services and service suppliers of the other Party treatment no less favourable than that provided for under the terms, limitations and conditions agreed and specified in the specific commitments contained in in the agreement.
  2. In sectors where market access commitments are undertaken, the measures which a Party shall not adopt or maintain either on the basis of a regional subdivision or on the basis of its entire territory, unless otherwise specified, are defined as: (a) limitations on the number of service suppliers whether in the form of numerical quotas, monopolies, exclusive service suppliers or the requirement of an economic needs test;
(b) limitations on the total value of service transactions or assets in the form of numerical quotas or the requirement of an economic needs test; and
(c) limitations on the total number of service operations or on the total quantity of service output expressed in the terms of designated numerical units in the form of quotas or the requirement of an economic needs test.
Article 4.2
Specific Market and Goods Access
  1. Preferential access to the Japanese market from the European Union , specifically in the sectors:
(a) Food and agricultural products - specifically in: cereals dairy products meat fish vegtables wood pulp
(b) Pharmaceuticals
(c) Automated vehicles (personal and transport)
(d) Construction materials (steel, aluminium, concrete, ...)
(e) Textile and Leather Goods
(f) Chemicals and associated products
(g) Drinks and Tobacco
(h) Commodities and Transactions
(i) Optical and Medical apparatus
(j) Production machinery
(k) Rubber and plastics
(l) Transport machinery
(j) Electrical machinery
(k) Personal electronics
(l) Raw materials and precious metals and gems
(m) Personal care products
(n) Technical instruments
(o) Defence products
  1. Preferential access to the European Union market for goods from Japan, specifically in the sectors:
(a) Vehicles and Vehicle Parts (inclu. those of industrial and public usage).
(b) Electronic devices/equipment (inclu. those used for industrial purposes.)
(c) Medical equipment
(d) Pharmaceuticals
(e) Refined Petroleum
(f) RubbePlastics
(g) Raw materials (eg. iron, steel, wood).
(h) Organic Chemicals
(i) Ships and Boats
(j) Foodstuffs, especially meat, cereals, fish, cocoa, dairy products, tea and coffee, vegetables and fruits.
(k) Defence products
(l) Heavy Machinery and parts (specifically those for industrial and commercial use).
(m) Toys and Games
Article 4.3
Further Elements of the Agreement
  1. Easier movement of people between European Union and Japan, especially in regard to work permits.
  2. Barriers on investment and access to financial markets between European Union and Japan are lowered but specific safeguards can be reinstitute for a 2 year period.
  3. The agreement comes into effect one year after it is signed. Over the year after that, tariffs for the specified products would be gradually lowered so that they are completely removed two years after signing the agreement.
  4. Existing ISDS measures have already been satisfactory and should not expand on ISDS which would only bring more harm to both parties. Enforcement of ISDS rulings are comprised of a neutral WTO review after all attempts of arbitration between both parties have been exhausted.
  5. A definitive agreement on food safety and food standards should be reached before any agreement is signed.
  6. A reasonable trade-off in trade restrictions needs to occur.
Article 4.4
Duration
  1. This Agreement shall be valid indefinitely.
  2. Either Party may notify in writing the other Party of its intention to denounce this Agreement.
  3. The denunciation shall take effect six months after the notification under paragraph 2.
Article 4.5
Fulfilment of obligations
  1. The Parties shall take any general or specific measures required to fulfil their obligations under this Agreement. They shall see to it that the objectives set out in this Agreement are attained.
  2. Either Party may immediately take appropriate measures in accordance with international law in case of denunciation of this Agreement not sanctioned by the general rules of international law.
Article 4.6
Authentic texts
This Agreement is drawn up in duplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Japanese languages, each of these texts being equally authentic.
Article 5
Protection of cultural heritage sites and historic monuments
The Parties, in conformity with their respective legislation and without prejudice to the reservations included in their commitments in the other provisions of this Agreement, shall encourage, in the framework of appropriate programmes, exchanges of expertise and best practices regarding the protection of cultural heritage sites and historic monuments bearing in mind the UNESCO world heritage mission, including through facilitating the exchange of experts, collaboration on professional training, awareness of the local public and counselling on the protection of the historic monuments and protected spaces and on the legislation and implementation of measures related to heritage, in particular its integration into local life.
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malta property tax calculator video

Get a detailed drilldown of your Maltese salary from gross to net including taxes and National Insurance contributions with this simple calculator. Currently a transfer of property by a person who is not resident in Malta and who is resident for tax purposes in another country may opt out of the 12% final withholding tax system if that person produces to the notary who publishes the deed of transfer a statement signed by the tax authorities of the country of that person’s residence that confirms that person’s residence in that country ... Tax Calculator Updated on Thursday 02nd November 2017 Use our instant tax calculator to see how much you have to pay as corporate tax, dividend tax and value added tax in Malta, as well as detect the existence of any double taxation reaties signed with your country of residence. On acquiring and disposing of immovable property in Malta, any person, whether juridical or physical, is subject to taxation according to the Duty on Documents and Transfers Act, Chapter 364 of the Laws of Malta and the Income Tax Management Act, Chapter 372 of the Laws of Malta and the Income Tax Act, Chapter 123 of the Laws of Malta. 5% – 8% Sales Tax. Malta imposes a tax on the sale of properties situated in Malta. The normal sales tax rate is 8% of the transfer value of the property. This is a flat tax charged on the market value of the property (less brokerage charges) and it is charged regardless of whether the seller is making a profit on the sale or not. The purchase of immovable property situated in Malta attracts duty on documents and transfers if the transfer document is executed in Malta. The default rate of tax payable by the buyer is 5% of the value of the property or of the purchase price, whichever is higher. tax rates Chargeable Income (€) From To Rate Subtract (€) If the seller has acquired the property prior to 01 January 2004, capital gains tax is levied at a final withholding tax rate of 10%. PROPERTY TAX. There are no property taxes levied in the Islands of Malta. CORPORATE TAXATION INCOME TAX. Income and capital gains earned by companies are generally taxed at a flat rate of 35%. The rates listed before are for the 2018 tax year. At this point, the rates will stay the same for the 2019 tax year. Malta’s Personal Tax Rates for Individuals. Individuals in Malta pay income tax on the following scale: €0 – €9,100 at 0% with no subtraction; €9,101 – €14,500 at 15% with a €1,365 subtraction The Landlord Income Tax Calculator is designed for individuals who rent out a property as an additional/sole income (not as a seperate business). If you are renting properties as a business you should use a traditional accountant or online business accounting solution and pay yourself as an employee of the company.

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