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Supplement VII to the Mainland and Hong Kong Closer Economic Partnership Arrangement
Promulgation Date:2010-05-27  Promulgation Number:  Promulgation Department:Ministry of Commerce

Supplement VII to the Mainland and Hong Kong Closer Economic Partnership Arrangement

 

To further enhance the level of trade and economic exchange and cooperation between the Mainland and the Hong Kong Special Administrative Region (hereinafter referred to as “Hong Kong”) and pursuant to

--the Mainland and Hong Kong Closer Economic Partnership Arrangement (hereinafter referred to as “CEPA”) signed on June 29, 2003 and Annex to CEPA signed on September 29, 2003;

--the Supplement to CEPA signed on October 27, 2004;

--the Supplement II to CEPA signed on October 18, 2005;

--the Supplement III to CEPA signed on June 27, 2006;

--the Supplement IV to CEPA signed on June 29, 2007;

--the Supplement V to CEPA signed on July 29, 2008; and

--the Supplement VI to CEPA signed on May 9, 2009.

The two sides determined to sign this Supplement VII on further liberalization of trade in services in the Mainland for Hong Kong, strengthening financial cooperation and promoting trade and investment facilitation.

I. Trade in Services

(I) From 1 January 2011, the Mainland shall further relax the market access conditions in 14 areas, namely, building, medical treatment, analysis of technical inspection and goods inspection, professional design, audio visual, distribution, banking, securities, social services, tourism, entertainment, air transportation, professional technicians vocational qualification examinations and individually-owned businesses on the basis of the commitments on opening of trade in services under the CEPA, Supplement on the CEPA, and Supplements II, III, IV, V, and VI to the CEPA. The specific contents are detailed in Annex of the Supplement VII.

(II) The Annexes of this Supplement VII is a supplement and amendment to Table 1 of Annex 4 of the CEPA-The Mainland’s Specific Commitments on Liberation of Trade in Services for Hong Kong, Annex 3 of the Supplement to the CEPA-Supplements and Amendments to the Mainland’s Specific Commitments on Liberalization of Trade in Services for Hong Kong, Annex 2 of Supplement II to the CEP-Supplements and Amendments to the Mainland’s Specific Commitments on Liberalization of Trade in Services for Hong Kong, Annex of the Supplement III to the CEPA-Supplements and Amendments III to the Mainland’s Specific Commitments on Liberalization of Trade in Services for Hong Kong, Annex of the Supplement IV to the CEPA-Supplements and Amendments IV to the Mainland’s Specific Commitments on Liberalization of Trade in Services for Hong Kong, Annex of the Supplement V to the CEPA-Supplements and Amendments V to the Mainland’s Specific Commitments on Liberalization of Trade in Services for Hong Kong and  Annex of the Supplement VI to the CEPA-Supplements and Amendments VI to the Mainland’s Specific Commitments on Liberalization of Trade in Services for Hong Kong. In the event of conflict with the provisions of the other seven instruments, the provisions of the Annex of this Supplement VII shall prevail.

(III) “Service provider” as referred to in the Annex of this Supplement VII shall meet the relevant requirements of Annex 5 of CEPA-Definition of “Service Supplier” and Related Requirements.

II. Financial Cooperation

Qualified futures companies in the mainland are supported to set up subsidiaries in Hong Kong to conduct business by law.

III. Trade and Investment Facilitation

(1) To promote cooperation in the area of trade and investment facilitation, the two sides agree to add supplement of industrial and education cooperation into the area of trade and investment facilitation under CEPA and cooperation on traditional Chinese medicine industry into the specific contents in the area of industrial cooperation, accordingly:

1. Paragraph 1 of Article 17 of the CEPA is amended as follows:

I. The two sides will strengthen cooperation in the following areas:

(1) Trade and investment promotion;

(2) Customs clearance facilitation;

(3) Commodity inspection and quarantine, food safety and quality standard;

(4) Electronic commerce;

(5) Transparency in laws and regulations;

(6) Cooperation of small and medium-sized enterprises;

(7) Industrial cooperation;

(8) Intellectual property protection;

(9) Cooperation on branding, and

(10) Education cooperation.

2. Article 2 of Annex 6 of the CEPA is amended as follows:

“II. The two sides agree to cooperate in trade and investment facilitation in 10 areas, namely, trade and investment promotion, customs clearance facilitation, commodity inspection and quarantine, food safety, quality standard, electronic commerce, transparency in laws and regulations, cooperation of small and medium-sized enterprises, industrial cooperation, intellectual property protection, cooperation on branding and education cooperation and cooperation in those areas will follow the guidance and coordination of the Joint Steering Committee established on the basis of Article 19 of the CEPA.”

3. Article 9 of Annex 6 of the CEPA is amended as follows:

“Article 9 Industrial cooperation

The two sides recognize that to strengthen industrial cooperation and exchanges in the principle of complementary advantages will benefit the development of bilateral industries and the whole society and economy.

Cooperation on Traditional Chinese Medicine Industry

Traditional Chinese Medicine, component of outstanding culture of Chinese nationality, enjoys a broad prospect of market application and economic benefits. Both parties hold their own advantages in such aspects as promoting the development of the Traditional Chinese Medicine industry and boosting the modernization and internalization of Traditional Chinese Medicine, so to conduct the cooperation in such area will be of great significance to bilateral economic and social development. Both parties agree to strengthen the cooperation in the area of the Traditional Chinese Medicine industry.

Cooperation Mechanism

Enhance and perfect the inter-government liaison and cooperation mechanism of the two places to promote the development of the cooperation of bilateral Traditional Chinese Medicine industry.

2. Content of Cooperation

In accordance with the status of cooperation and trend of development of bilateral Traditional Chinese Medicine, the two sides agree to strengthen cooperation in the following areas:

(1) Mutually notify the construction of laws and regulations and administration on Traditional Chinese Medicine to realize information sharing.

(2) Strengthen the cooperation in the scientific research into Traditional Chinese Medicine and exchange and share the information data in the aspects of the development strategy and orientation of the industry.

(3) Enhance the communication and coordination in the administration on the registration of traditional Chinese medicine and realize the normative management of traditional Chinese medicine to provide facilitation for the trade of traditional Chinese medicine between the two sides.

(4) Carry out cooperation in the aspects of clinic trial facilities management and regulatory requirements for mutual recognition of the clinic trial data.

(5) Conduct exchanges and cooperation in the quality standards for traditional Chinese medicine to jointly boost the improvement of the quality standards.

(6) Bolster the cooperation of traditional Chinese medicine corporations of the two sides to jointly explore international market.

(7) Enhance trade investment promotion and industrial cooperation of the traditional Chinese medicine industry.

(8) Make exchanges and negotiations to tackle the problems arising in the cooperation of the traditional Chinese industry.

3. Participation of Other Entities

The two sides support and coordinate with the participation of semi-official and nongovernmental organizations in the cooperation area of the traditional Chinese medicine industry, including the cooperation between China Traditional Chinese Medicine Scientific Development and Exchange Center and Hong Kong Jockey Club Institute of Chinese Medicine.

(II) Cooperation of the Exhibition and Convention Industry

The exhibition and convention industry is possessed of a powerful driving force and potential of development as well as of great significance to boost bilateral economic growth and economic and trade exchanges. The two sides agree to enhance the cooperation in the area to bolster the common development of bilateral exhibition and conventional industry

Cooperation Mechanism

Utilize the existing cooperation channels of related governmental sectors of the two sides to intensify information communication through exchanges and negotiations.

2. Content of Cooperation

The two sides agree to enhance cooperation in the following areas:

(1) The Mainland supports and cooperates with Hong Kong to hold large international conferences and exhibitions.

(2) For the purpose of promoting the development of the exhibition and convention industry of Hong Kong, at the request of the Government of Hong Kong Special Administrative Region, related departments of the Mainland will, through the approval of the state competent authority, provide facilitation for exhibitors of the Mainland in handling with exit-entry document or visas to Hong Kong to facilitate the enterprises and personnel from the Mainland to participate in the exhibitions and conventions in Hong Kong.

3. Participation of Other Entities

The two sides agree to support the semi-official and nongovernmental organizations and the industry related to the area of bilateral exhibition and convention industry to exert their roles in promoting the cooperation of bilateral exhibition and convention industry.

(III) Cooperation of the Culture Industry

The culture industry of the two sides is possessed of a powerful driving force and potential of development as well as strong complementarity. So to strengthen the cooperation of bilateral culture industry is of great significance to promote the development of the industry. The two sides agree to jointly create a win-win situation through the cooperation in the culture industry.

1. Cooperation Mechanism

Utilize the existing cooperation channels related governmental sectors of the two sides to enhance information communication through exchanges and negotiations to bolster the common growth of bilateral culture industry.

2. Content of Cooperation

The two sides agree to enhance cooperation in the following areas:

(1)    Bolster and strengthen the exchanges and communication in the culture industry of the two sides.

(2)    Bolster the exchanges of information on the formulation and execution of laws and regulations for the culture industry.

(3)    Promptly deliberate and tackle the problems arising in the exchanges of the culture industry.

(4)    Strengthen the cooperation in the aspects of investigation, exchange and exhibition.

(5)    Jointly probe into the cooperation in exploring market and other aspects.

3. Participation of Other Entities

The two sides agree to support related semi-official and non-governmental organizations and the circle in the area of the culture industry to exert their roles in boosting the cooperation of bilateral culture industry.

(IV) Cooperation of the Environmental Protection Industry

The cooperation of the environmental protection industry is of great significance to promote bilateral economic growth and economic and trade exchanges. The two sides agree to strengthen the cooperation in the area of the environmental protection industry to support the common development of bilateral environmental protection industry.

1. Cooperation Mechanism

Under the guidance and coordination of the Joint Steering Committee, establish related working groups and strengthen the cooperation in the area of the environmental protection industry.

2. Content of Cooperation

The two sides agree to enhance the cooperation in the following areas:

(1)    Strengthen the exchanges and communication in the cooperation area of the environmental protection industry.

(2)    Exchange information in the aspects of formulation and execution of laws and regulations for the environmental protection industry.

(3)    Enhance the cooperation in the training, investigation and other aspects.

(4)    Strengthen the cooperation in the area of bilateral environmental protection industry in multi-forms of promotion and introduction of exhibitions and symposiums.

(5)    Probe into the cooperative suggestions of further boosting the business facilitation to support the development of bilateral environmental protection industry.

3. Participation of Other Entities

The two sides agree to coordinate with related semi-official and non-governmental organizations and the circle in the area of the culture industry to exert their roles in boosting the cooperation of bilateral environmental protection industry.

(V) Cooperation of the Innovative Technology Industry

Innovative technology cooperation is of great significance to boost the economic and social development. The two sides agree to strengthen the cooperation in the area of innovative technology to support the common development of bilateral innovative technology industry.

1. Cooperation Mechanism

Enhance the cooperation in the area of innovative technology of the two sides through the inter-governmental cooperation mechanism.

2. Content of Cooperation

The two sides agree to enhance the cooperation in the following areas:

(1)    Strengthen the exchanges and sharing of information resources in the area of innovative technology.

(2)    Gradually integrate the scientific research institutions and enterprises of Hong Kong into the state innovation system and encourage scientific research personnel and institutions of Hong Kong to participate in the state scientific plan.

(3)    Enhance the exchanges and cooperation in the areas of the R&D and application of high and new technologies and research into the basic sciences and accordingly probe into the market exploration.

3. Participation of Other Entities

The two sides agree to coordinate with related semi-official and non-governmental organizations and the circle in the area of the culture industry to exert their roles in boosting the cooperation of bilateral innovative technology industry.”

4. One Article is added to Annex 6 of the CEPA as Article 12, followed by the rest Articles in serial number. Article 12 states as follows:

“Article 12 Education Cooperation

The two sides agree to enhance the cooperation in the following areas:

(1)    Strengthen the exchanges and communication in the area of education cooperation of the two sides.

(2)    Enhance communication of education information.

(3)    Enhance the cooperation in training, investigation and other aspects.

(4)    Strengthen the cooperation in the area of education in multi-forms of professional communication cooperation and symposiums.

(5)    Support the cooperatively-run school within the Mainland between the education institutes of the Mainland and Hong Kong colleges and universities, cooperatively construct research facilities and cultivate undergraduates or above high-level talents.”

(II) The two sides agree to further enhance the cooperation in the areas of commodity inspection and quarantine, food safety and quality standard and accordingly item 5 and 6 is added to Clause (2) of Article 5 of Annex 6 of the CEPA, with contents as follows:

“Item 5 The two sides shall further conduct closer cooperation among related competent authorities, set up the regular mutual-visit system and carry out the cooperation in the area of consumer goods.

Item 6 The two sides shall initiatively promote the cooperation between Hong Kong inspection labs and the certification authorities of the Mainland that have been in the international multilateral mutual certification system with the institutions of certification inspection on member country (for example, IECEE/CB System) to be the inspection labs accepted by the mutual certification system.”

IV. Annexes

The Annexes are the integral part of this Supplement.

V. Effectiveness

This Supplement VII shall come into effect on the day of signature by the representative of the two sides.

This Supplement in duplicate shall be written in Chinese.

The Supplement was signed in Hong Kong on May 27, 2010.

 

Deputy Minister of the Ministry of Commerce             Financial Secretary of

of the People’s Republic of China                      Government of Hong Kong Special Administrative Region of the People’s Republic of China

 

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