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In the selection of safeguard measures referred to in this Article, the Parties shall give priority to those which cause least disturbance to the achievement of the objectives of this Agreement. The right of suspension referred to in Article 8 2 of the WTO Safeguard Agreement shall not be exercised between the Parties for the first 18 months that a safeguard measure is in effect, provided that the safeguard measure has been taken as a result of an absolute increase in imports and that such a measure conforms to the provisions of the WTO Safeguard Agreement.
Safeguard measures shall upon application be notified immediately to the Association Committee and shall be the subject of consultations once a year within the Committee, particularly with a view to their liberalisation or abolition. For the purposes of this Article, it is considered that a Party has a substantial interest when it is among the five largest suppliers of the imported product during the most recent three-year period of time, measured in terms of either absolute volume or value.
In the event of either Party subjecting to a surveillance procedure imports of products liable to give rise to the conditions for the application of a safeguard measure pursuant to this Article, it shall inform the other Party. In the selection of measures, priority must be given to those which least disturb the functioning of the arrangements in this Agreement.
Such measures shall not be applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination where the same conditions prevail, or a disguised restriction on trade, and shall be eliminated when the conditions no longer justify their maintenance. In addition, the measures which may be adopted pursuant to paragraph 1 b shall not operate to increase the exports of or the protection afforded to the domestic processing industry concerned, and shall not depart from the provisions of this Agreement relating to non-discrimination.
Before taking the measures provided for in paragraph 1, or as soon as possible in cases to which paragraph 4 applies, the Party intending to take the measures shall supply the Association Committee with all relevant information, with a view to seeking a solution acceptable to the Parties.
The Parties within the Association Committee may agree on any means needed to put an end to the difficulties. If no agreement is reached within 30 days of the matter being referred to the Association Committee, the exporting Party may apply measures under this Article on the exportation of the product concerned. Where exceptional and critical circumstances requiring immediate action make prior information or examination impossible, the Party intending to take the measures may apply forthwith the precautionary measures necessary to deal with the situation and shall inform the other Party immediately thereof.
Any measures applied pursuant to this Article shall be immediately notified to the Association Committee and shall be the subject of periodic consultations within that body, particularly with a view to establishing a timetable for their elimination as soon as circumstances permit. The Parties shall reciprocally liberalise trade in services, in accordance with the provisions of this Title and in conformity with Article V of the GATS.
The aim of Chapter III is the improvement of the investment environment, and in particular the conditions of establishment between the Parties, on the basis of the principle of non-discrimination. For the purposes of this Chapter, trade in services is defined as the supply of a service through the following modes:. Nothing in this Chapter shall be construed to impose any obligation with respect to government procurement, which is subject to Title IV of this Part.
The provisions of this Chapter shall not apply to subsidies granted by the Parties. The Parties shall review the issue of disciplines on subsidies related to trade in services in the context of the review of this Chapter, as provided in Article , with a view to incorporating any disciplines agreed under Article XV of the GATS. This Section applies to international maritime transport and telecommunication services subject to the provisions laid down in sections 2 and 3.
Should such a legal person have only its registered office or central administration in the territory of the Community or of Chile, it shall not be considered as a Community or a Chilean legal person respectively, unless it is engaged in substantive business operations in the territory of the Community or of Chile, respectively.
With respect to market access through the modes of supply identified in Article 95, each Party shall accord 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 its Schedule referred to in Article In sectors where market-access commitments are undertaken, the measures which a Party shall not maintain or adopt either on the basis of a regional subdivision or on the basis of its entire territory, unless otherwise specified in its Schedule, are defined as:.
In the sectors inscribed in its Schedule, and subject to the conditions and qualifications set out therein, each Party shall grant to services and service suppliers of the other Party, in respect of all measures affecting the supply of services, treatment no less favourable than that it accords to its own like services and services suppliers 6. A Party may meet the requirement of paragraph 1 by according to services and service suppliers of the other Party, either formally identical treatment or formally different treatment to that it accords to its own like services and service suppliers.
Formally identical or formally different treatment shall be considered to be less favourable if it modifies the conditions of competition in favour of services or service suppliers of a Party compared to like services or service suppliers of the other Party. The specific commitments undertaken by each Party under Articles 97 and 98 are set out in the schedule included in Annex VII. With respect to sectors where such commitments are undertaken, each Schedule specifies:.
Measures inconsistent with both Articles 97 and 98 are inscribed in the column relating to Article In this case the inscription is considered to provide a condition or qualification to Article 98 as well. Where a Party undertakes specific commitments on measures affecting trade in services not subject to scheduling under Articles 97 and 98, such commitments are inscribed in its Schedule as additional commitments.
The Parties shall review this Chapter three years after the entry into force of this Agreement, with a view to further deepening liberalisation and reducing or eliminating remaining restrictions on a mutually advantageous basis and ensuring an overall balance of rights and obligations. The Association Committee shall examine the operation of this Chapter every three years after the review undertaken under paragraph 1 and shall submit appropriate proposals to the Association Council.
Two years after the entry into force of this Agreement, the Parties shall review the rules and conditions applicable to movement of natural persons mode 4 with a view to achieving further liberalisation. This review may also address the revision of the definition of natural person provided in Article 96 g. In sectors where a Party has undertaken commitments in its Schedule, and with a view to ensuring that any measure relating to the requirements and procedures of licensing and certification of service suppliers of the other Party does not constitute an unnecessary barrier to trade, that Party shall endeavour to ensure that any such measure:.
The disciplines of paragraph 1 may be reviewed within the framework of the procedure of Article in order to take into account the disciplines agreed under Article VI of the GATS with a view to their incorporation into this Agreement. Where a Party recognises, unilaterally or by agreement, education, experience, licenses or certifications obtained in the territory of a third country, that Party shall afford the other Party an adequate opportunity to demonstrate that education, experience, licenses or certifications obtained in the other Party's territory should also be recognised or to conclude an agreement or arrangement of comparable effect.
The Parties shall consult periodically with a view to determining the feasibility of removing any remaining citizenship or permanent residency requirement for the licensing or certification of each other's service suppliers. Each Party shall ensure that its competent authorities, within a reasonable period of time after the submission by a services supplier of the other Party of an application for a licence or certification:. The Parties shall encourage the relevant bodies in their respective territories to provide recommendations on mutual recognition, for the purpose of enabling service suppliers to fulfil, in whole or in part, the criteria applied by each Party for the authorisation, licensing, accreditation, operation and certification of service suppliers and in particular professional services.
The Association Committee, within a reasonable period of time and considering the level of correspondence of the respective regulations, shall decide whether a recommendation referred to in paragraph 2 is consistent with this Chapter. If that is the case, such a recommendation shall be implemented through an agreement on mutual recognition of requirements, qualifications, licences and other regulations to be negotiated by the competent authorities.
Where the Parties agree, each Party shall encourage its relevant bodies to develop procedures for the temporary licensing of professional service suppliers of the other Party. The Association Committee shall periodically, and at least once every three years, review the implementation of this Article. The Parties, recognising that the use of electronic means increases trade opportunities in many sectors, agree to promote the development of electronic commerce between them, in particular by cooperating on the market access and regulatory issues raised by electronic commerce.
Each Party shall respond promptly to all requests by the other Party for specific information on any of its measures of general application or international agreements which pertain to or affect this Chapter. The contact point referred to in Article shall provide specific information on all such matters to service suppliers of the other Party upon request. Contact points need not be depositories of laws and regulations. Notwithstanding Article 95 5 , the provisions of this section shall apply with respect to shipping companies established outside the Community or Chile and controlled by nationals of a Member State or of Chile, respectively, if their vessels are registered in accordance with their respective legislation, in that Member State or in Chile and carry the flag of a Member State or Chile.
This Article applies to international maritime transport, including door-to-door and intermodal transport operations involving a sea-leg. In view of the existing levels of liberalisation between the Parties in international maritime transport:. Each Party shall permit international maritime service suppliers of the other Party to have a commercial presence in its territory under conditions of establishment and operation no less favourable than those accorded to its own service suppliers or those of any third country, whichever are the better, in accordance with the conditions inscribed in its Schedule.
Therefore, commitments in this sector do not cover the economic activity consisting of content provision which require telecommunications services for its transport. The provision of that content, transported via a telecommunications service, is subject to the specific commitments undertaken by the Parties in other relevant sectors. Regulatory authorities for telecommunications services shall be separate from, and not accountable to, any supplier of basic telecommunications services.
The decisions of and the procedures used by regulatory authorities shall be impartial with respect to all market participants. A supplier affected by the decision of a regulatory authority shall have a right to appeal against that decision. Where a licence is required, the terms and conditions for such a license shall be made publicly available and the period of time normally required to reach a decision concerning an application for a licence shall be made publicly available.
Where a licence is required, the reasons for the denial of a licence shall be made known to the applicant upon request. A major supplier is a supplier which has the ability to materially affect the terms of participation having regard to price and supply in the relevant market for basic telecommunications services as a result of:. Appropriate measures shall be maintained for the purpose of preventing suppliers who, alone or together, are a major supplier from engaging in or continuing anti-competitive practices.
This section applies to linking with suppliers providing public telecommunications transport networks or services in order to allow the users of one supplier to communicate with users of another supplier and to access services provided by another supplier. Interconnection with a major supplier shall be ensured at any technically feasible point in the network.
Such interconnection shall be provided:. The procedures applicable for interconnection to a major supplier shall be made publicly available. Any procedures for the allocation and use of scarce resources, including frequencies, numbers and rights of way, shall be carried out in an objective, timely, transparent and non-discriminatory manner. Each Party has the right to define the kind of universal service obligation it wishes to maintain. The provisions governing universal service shall be transparent, objective and non-discriminatory.
They shall also be neutral with respect to competition and be no more burdensome than necessary. This Chapter applies to measures adopted or maintained by the Parties affecting trade in financial services. For the purposes of this Chapter, trade in financial services is defined as the supply of a financial service through the following modes:.
The Parties shall review the issue of disciplines on subsidies related to trade in financial services, with a view to incorporating in this Agreement any disciplines agreed under Article XV of GATS. For the purposes of paragraph 5, if a Party allows any of the activities referred to in paragraph 5 ii or iii to be conducted by its financial service suppliers in competition with a public entity or a financial service supplier, this Chapter shall apply to such activities.
Should such a legal person have only its registered office or central administration in the territory of the Community or Chile, it shall not be considered as a Community or a Chilean legal person respectively, unless it is engaged in substantive business operations in the territory of the Community or Chile, respectively.
Financial services comprise the following activities:. D exchange rate and interest rate instruments, including products such as swaps, forward rate agreements;. With respect to market access through the modes of supply identified in Article , each Party shall accord financial services and financial service suppliers of the other Party treatment no less favourable than that provided for under the terms, limitations and conditions agreed and specified in its Schedule referred to in Article In the sectors inscribed in its Schedule, and subject to the conditions and qualifications set out therein, each Party shall accord to financial services and financial service suppliers of the other Party, in respect of all measures affecting the supply of financial services, treatment no less favourable than that it accords to its own like financial services and financial service suppliers A Party may meet the requirement of paragraph 1 by according to financial services and financial service suppliers of the other Party, either formally identical treatment or formally different treatment to that it accords to its own like financial services and financial service suppliers.
Formally identical or formally different treatment shall be considered to be less favourable if it modifies the conditions of competition in favour of financial services or financial service suppliers of a Party compared to like financial services or financial service suppliers of the other Party. Measures inconsistent with both Articles and are inscribed in the column relating to Article In this case, the inscription is considered to provide a condition or qualification to Article as well.
Where a Party undertakes specific commitments on measures affecting trade in financial services not subject to scheduling under Articles and , such commitments are inscribed in its Schedule as additional commitments. A Party shall permit financial service suppliers of the other Party established in its territory to offer in its territory any new financial service within the scope of the subsectors and financial services committed in its Schedule and subject to the terms, limitations, conditions and qualifications established in that Schedule and provided that the introduction of this new financial service does not require a new law or the modification of an existing law.
A Party may determine the legal form through which the service may be provided and may require authorisation for the provision of the financial service. Where such authorisation is required, a decision shall be taken within a reasonable period of time and the authorisation may only be refused for prudential reasons.
Each Party shall permit a financial service supplier of the other Party to transfer information in electronic or other form, into and out of its territory, for data processing where such processing is required in the ordinary course of business of such financial service supplier.
Where the information referred to in paragraph 1 consists of or contains personal data, the transfer of such information from the territory of one Party to the territory of the other Party shall take place in accordance with the domestic law regulating the protection of individuals with respect to the transferring and processing of personal data of the Party out of whose territory the information is transferred.
Each Party shall, to the extent practicable, provide in advance to all interested persons any measure of general application that the Party proposes to adopt in order to allow an opportunity for such persons to comment on the measure. Such measure shall be provided:. Each Party's appropriate financial authority shall make available to interested persons its requirements for completing applications relating to the supply of financial services. On the request of an applicant, the appropriate financial authority shall inform the applicant of the status of its application.
If such authority requires additional information from the applicant, it shall notify the applicant without undue delay. Each Party shall make its best endeavours to implement and apply in its territory internationally agreed standards for regulation and supervision in the financial services sector and for the fight against money laundering. For this purpose, the Parties shall cooperate and exchange information and experience within the Special Committee on Financial Services referred to in Article Nothing in this Chapter shall be construed to prevent a Party from adopting or maintaining reasonable measures for prudential reasons, such as:.
Where such measures do not conform with the provisions of this Chapter, they shall not be used as a means of avoiding the Party's commitments or obligations under the Chapter. A Party may recognise prudential measures of the other Party in determining how the Party's measures relating to financial services shall be applied.
Such recognition, which may be achieved through harmonisation or otherwise, may be based upon an agreement or arrangement or may be accorded autonomously. A Party that is a party to an agreement or arrangement with a third party such as those referred to in paragraph 1, whether future or existing, shall afford adequate opportunity for the other Party to negotiate its accession to such agreements or arrangements, or to negotiate comparable ones with it, under circumstances in which there would be equivalent regulation, oversight, implementation of such regulation, and, if appropriate, procedures concerning the sharing of information between the Parties to the agreement or arrangement.
Where a Party accords recognition autonomously, it shall afford adequate opportunity for the other Party to demonstrate that such circumstances exist. The Special Committee shall be composed of representatives of the Parties. The principal representative of each Party shall be an official of the Party's authority responsible for financial services set out in Annex IX. The Special Committee shall meet at the request of one of the Parties on a date and with an agenda agreed in advance by the Parties.
The office of chairperson shall be held alternately. The Special Committee shall report to the Association Committee the results of its meetings. Three years after the entry into force of this Agreement the Special Committee on Financial Services shall consider actions with the aim of facilitating and expanding trade in financial services and further contributing to the objectives of this Agreement, and shall report to the Association Committee.
A Party may request consultations with the other Party regarding any matter arising under this Chapter. The other Party shall give sympathetic consideration to the request. The Parties shall report the results of their consultations to the Special Committee on Financial Services.
Consultations under this Article shall include officials of the authorities specified in Annex IX. Nothing in this Article shall be construed to require financial authorities participating in consultations to disclose information or take any action that would interfere with individual regulatory, supervisory, administrative or enforcement matters. Where a financial authority of a Party requires information for supervisory purposes concerning a financial service supplier in the other Party's territory, such financial authority may approach the competent financial authority in the other Party's territory to seek the information.
The provision of such information may be subject to the terms, conditions and limitations contained in the other Party's relevant law or to the requirement of a prior agreement or arrangement between the respective financial authorities. Except as otherwise provided in this Article, any disputes under this Chapter shall be settled in accordance with the provisions of Title VIII. For the purpose of Article , consultations held under Article shall be deemed to constitute the consultations referred to in Article , unless the Parties otherwise agree.
Upon initiation of consultations, the Parties shall provide information to enable the examination of how a measure of a Party or any other matter may affect the operation and application of this Chapter, and give confidential treatment to the information exchanged during consultations. If the matter has not been resolved within 45 days after holding the consultations under Article or 90 days after the delivery of the request for consultations under Article 1 , whichever is earlier, the complaining Party may request in writing the establishment of an arbitration panel.
The Parties shall report the results of their consultations directly to the Association Committee. The Association Committee shall ensure that the list always contains five individuals at any point in time. Those individuals shall have expertise or experience in financial services law or practice, which may include the regulation of financial institutions, be independent, serve in their individual capacities and not be affiliated with, nor take instructions from, any Party or organisation and shall comply with the Code of Conduct set out in Annex XVI.
Such list may be amended every three years;. The other two arbitrators of the panel shall be selected by lot by the chairperson of the Association Committee from the list referred to in Article 2 , one among the individuals proposed to the Association Committee by the complaining Party, and the other among the individuals proposed to the Association Committee by the Party complained against.
This Chapter shall apply to establishment in all sectors with the exception of all services sectors, including the financial services sector. Should such a legal person have only its registered office or central administration in the territory of the Community or of Chile, it shall not be considered as a Community or a Chilean legal person respectively, unless it is engaged in substantive business operations in the territory of the Community or of Chile respectively.
As regards natural persons, this shall not extend to seeking or taking employment in the labour market or confer a right of access to the labour market of a Party. In the sectors inscribed in Annex X, and subject to any conditions and qualifications set out therein, with respect to establishment, each Party shall grant to legal and natural persons of the other Party treatment no less favourable than that it accords to its own legal and natural persons performing a like economic activity.
Subject to the provisions of Article , each Party may regulate the establishment of legal and natural persons. With respect to this Chapter, the Parties confirm their rights and obligations existing under any bilateral or multilateral agreements to which they are parties. With the objective of progressive liberalisation of investment conditions, the Parties affirm their commitment to review the investment legal framework, the investment environment and the flow of investment between them consistent with their commitments in international investment agreements, no later than three years after the entry into force of this Agreement.
Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between the Parties where like conditions prevail, or a disguised restriction on trade in services, financial services or establishment, nothing in this Title shall be construed to prevent the adoption or enforcement by either Party of measures:.
The provisions of this Title shall not apply to the Parties' respective social security systems or to activities in the territory of each Party which are connected, even occasionally, with the exercise of official authority. Nothing in this Title shall prevent a Party from applying its laws, regulations and requirements regarding entry and stay, work, labour conditions, and establishment of natural persons 11 provided that, in so doing, it does not apply to them in such a manner as to nullify or impair the benefits accruing to the other Party under the terms of a specific provision of this Title.
In accordance with the provisions of this Title, the Parties shall ensure the effective and reciprocal opening of their government procurement markets. This Title applies to any law, regulation, procedure or practice regarding any procurement, by the entities of the Parties, of goods and services including works, subject to the conditions specified by each Party in Annexes XI, XII and XIII.
Neither Party may prepare, design or otherwise structure any procurement contract in order to avoid the obligations under this Title. It includes procurement by such methods as purchase or lease, or rental or hire purchase, with or without an option to buy;. A dominant influence on the part of the public authorities shall be presumed when these authorities, directly or indirectly, in relation to an undertaking:.
The term shall cover equally a supplier of goods, a service provider or a contractor;. Should such a legal person have only its registered office or central administration in the territory of the Community or Chile, it shall not be considered as a Community or a Chilean legal person respectively, unless it is engaged in substantive business operations in the territory of the Community or Chile respectively.
Each Party shall ensure that the procurement of its entities covered by this Title takes place in a transparent, reasonable and non-discriminatory manner, treating any supplier of either Party equally and ensuring the principle of open and effective competition. With respect to any laws, regulations, procedures and practices regarding government procurement covered by this Title, each Party shall grant the goods, services and suppliers of the other Party a treatment no less favourable than that accorded by it to domestic goods, services and suppliers.
With respect to any laws, regulations, procedures and practices regarding government procurement covered by this Title, each Party shall ensure:. This Article shall not apply to measures concerning customs duties or other charges of any kind imposed on or in connection with importation, the method of levying such duties and charges, other import regulations, including restrictions and formalities, nor to measures affecting trade in services other than measures specifically governing procurement covered by this Title.
Each Party shall ensure that its entities do not, in the qualification and selection of suppliers, goods or services, in the evaluation of bids or in the award of contracts, consider, seek or impose offsets, nor conditions regarding national preferences such as margins allowing price preference. Entities shall not split up a procurement, nor use any other method of contract valuation with the intention of evading the application of this Title when determining whether a contract is covered by the disciplines of thereof, subject to the conditions set out in Annexes XI and XII, Appendices 1 to 3.
In calculating the value of a contract, an entity shall take into account all forms of remuneration, such as premiums, fees, commissions and interests, as well as the maximum permitted total amount, including option clauses, provided for by the contract. When, due to the nature of the contract, it is not possible to calculate in advance its precise value, entities shall estimate this value on the basis of objective criteria. Each Party shall promptly publish any law, regulation, judicial decision and administrative ruling of general application and procedure, including standard contract clauses, regarding procurement covered by this Title in the appropriate publications referred to in Annex XIII, Appendix 2, including officially designated electronic media.
Entities shall award their public contracts by open or selective tendering procedures according to their national procedures, in compliance with this Title and in a non-discriminatory manner. However, in the specific cases and only under the conditions laid down in Article , entities may use a procedure other than the open or selective tendering procedures referred to in paragraph 1 of that Article, in which case the entities may choose not to publish a notice of intended procurement, and may consult the suppliers of their choice and negotiate the terms of contract with one or more of these.
Entities shall treat tenders in confidence. In particular, they shall not provide information intended to assist particular participants to bring their tenders up to the level of other participants. In selective tendering, entities may limit the number of qualified suppliers they will invite to tender, consistent with the efficient operation of the procurement process, provided that they select the maximum number of domestic suppliers and suppliers of the other Party, and that they make the selection in a fair and non-discriminatory manner and on the basis of the criteria indicated in the notice of intended procurement or in tender documents.
Entities maintaining permanent lists of qualified suppliers may select suppliers to be invited to tender from among those listed, under the conditions of Article 7. Any selection shall allow for equitable opportunities for suppliers on the lists.
Provided that the tendering procedure is not used to avoid maximum possible competition or to protect domestic suppliers, entities shall be allowed to award contracts by means other than an open or selective tendering procedure in the following circumstances and subject to the following conditions, where applicable:.
The Parties shall ensure that, whenever it is necessary for entities to resort to a procedure other than the open or selective tendering procedures based on the circumstances set forth in paragraph 1, the entities shall maintain a record or prepare a written report providing specific justification for the contract awarded under that paragraph. Any conditions for participation in procurement shall be limited to those that are essential to ensure that the potential supplier has the capability to fulfil the requirements of the procurement and the ability to execute the contract in question.
In the process of qualifying suppliers, entities shall not discriminate between domestic suppliers and suppliers of the other Party. A Party shall not impose the condition that, in order for a supplier to participate in a procurement, the supplier has previously been awarded one or more contracts by an entity of that Party or that the supplier has prior work experience in the territory of that Party.
Entities shall recognise as qualified suppliers all suppliers who meet the conditions for participation in a particular intended procurement. Entities shall base their qualification decisions solely on the conditions for participation that have been specified in advance in notices or tender documentation. Nothing in this Title shall preclude the exclusion of any supplier on grounds such as bankruptcy or false declarations or conviction for serious crime such as participation in criminal organisations.
Entities shall promptly communicate to suppliers that have applied for qualification their decision on whether or not they qualify. Entities may establish permanent lists of qualified suppliers provided that the following rules are respected:. Each Party shall ensure that its entities provide for effective dissemination of the tendering opportunities generated by the relevant government procurement processes, providing suppliers of the other Party with all the information required to take part in such procurement.
For each contract covered by this Title, except as set out in Articles 3 and , entities shall publish in advance a notice inviting interested suppliers to submit tenders, or where appropriate, requests for participation for that contract. Each Party shall encourage its entities to publish as early as possible in each fiscal year, a notice of planned procurement containing information regarding entities' future procurement plans.
Such notice should include the subject matter of the procurement and the planned date of the publication of the notice of intended procurement. Entities operating in the utilities sector may use a notice of planned procurement as a notice of intended procurement, under the condition that such notice contains as much of the information referred to in paragraph 3 as is available, and that it explicitly invites interested suppliers to express their interest in the procurement to the entity.
Entities having used a notice of planned procurement as a notice of intended procurement shall subsequently communicate to all suppliers who have expressed an initial interest further information that shall include, at least, the information referred to in paragraph 3 and ask them to confirm their interest on that basis. Entities which intend to maintain permanent lists shall, consistently with paragraph 2, publish a notice which shall identify the entity, and indicate the purpose of the permanent list and the availability of the rules concerning its operation, including criteria for qualification and disqualification, as well as its duration.
Where the permanent list is of a duration greater than three years, the notice shall be published annually. Entities operating in the utilities sector may use a notice on the existence of permanent lists of qualified suppliers as a notice of intended procurement. In that case, they shall provide, in a timely manner, information which allows all those who have expressed an interest to assess their interest in participating in the procurement.
This information shall include the information contained in the notice referred to in paragraph 3, to the extent that such information is available. Information provided to one interested supplier shall be provided in a non-discriminatory manner to the other interested suppliers. Each notice referred to in this Article shall be accessible during the entire time period established for tendering for the relevant procurement.
Entities shall publish the notices in a timely manner through means which offer the widest possible and non-discriminatory access to the interested suppliers of the Parties. Tender documentation provided to suppliers shall contain all information necessary to permit them to submit responsive tenders.
Where contracting entities do not offer free direct access to the entire tender documents and any supporting documents by electronic means, entities shall make promptly available the tender documentation at the request of any supplier of the Parties. Entities shall promptly reply to any reasonable request for relevant information relating to the intended procurement, on condition that such information does not give that supplier an advantage over its competitors. Technical specifications shall be set out in the notices, tender documents or additional documents.
Each Party shall ensure that its entities do not prepare, adopt or apply any technical specifications with a view to, or with the effect of, creating unnecessary barriers to trade between the Parties. The provisions of paragraph 3 do not apply when the entity can objectively demonstrate that the use of technical specifications referred to in that paragraph would be ineffective or inappropriate for the fulfilment of the legitimate objectives pursued.
In all cases, entities shall consider bids which do not comply with the technical specifications but meet the essential requirements thereof and are fit for the purpose intended. The reference to technical specifications in the tender documents must include words such as "or equivalent".
There shall be no requirement for or reference to a particular trademark or trade name, patent, design or type, specific origin, producer or supplier, unless there is no other sufficiently precise or intelligible way of describing the procurement requirements and provided that words, such as "or equivalent", are included in the tender documentation.
All time-limits established by the entities for the receipt of tenders and requests to participate shall be adequate to allow suppliers of the other Party, as well as domestic suppliers, to prepare and to submit tenders, and where appropriate, requests for participation or applications for qualifying. In determining any such time-limit, entities shall, consistent with their own reasonable needs, take into account such factors as the complexity of the intended procurement and the normal time for transmitting tenders from foreign as well as domestic points.
Each Party shall ensure that its entities shall take due account of publication delays when setting the final date for receipt of tenders or of request for participation or for qualifying for the supplier's list. Entities shall not, in the course of negotiations, discriminate between tenderers.
In particular, they shall ensure that:. Entities shall receive and open bids from tenderers under procedures and conditions guaranteeing the respect of the principles of transparency and non-discrimination. To be considered for award, a tender must, at the time of opening, conform to the essential requirements of the notices or tender documentation and be submitted by a supplier which complies with the conditions for participation. Entities shall make the award to the tenderer whose tender is either the lowest tender or the tender which, in terms of the specific objective evaluation criteria previously set forth in the notices or tender documentation, is determined to be the most advantageous.
Each Party shall ensure that its entities provide for effective dissemination of the results of government procurement processes. Entities shall promptly inform tenderers of decisions regarding the award of the contract and of the characteristics and relative advantages of the selected tender. Upon request, entities shall inform any eliminated tenderer of the reasons for the rejection of its tender. Entities may decide to withhold certain information on the contract award where release of such information would prevent law enforcement or otherwise be contrary to the public interest, would prejudice the legitimate commercial interests of suppliers, or might prejudice fair competition between them.
Entities shall accord impartial and timely consideration to any complaints from suppliers regarding an alleged breach of this Title in the context of a procurement procedure. Each Party shall provide non-discriminatory, timely, transparent and effective procedures enabling suppliers to challenge alleged breaches of this Title arising in the context of procurements in which they have, or have had, an interest. Challenges shall be heard by an impartial and independent reviewing authority.
A reviewing authority which is not a court shall either be subject to judicial review or shall have procedural guarantees similar to those of a court. Such action may result in suspension of the procurement process. However, procedures may provide that overriding adverse consequences for the interests concerned, including the public interest, may be taken into account in deciding whether such measures should be applied; and.
The Parties shall, to the extent possible, endeavour to use electronic means of communication to permit efficient dissemination of information on government procurement, particularly as regards tender opportunities offered by entities, while respecting the principles of transparency and non-discrimination. With a view to improving access to government procurement markets, each Party shall endeavour to implement an electronic information system, which is compulsory for their respective entities.
The Parties shall endeavour to provide each other with technical cooperation and assistance through the development of training programs with a view to achieving a better understanding of their respective government procurement systems and statistics and better access to their respective markets. Where a Party does not ensure an acceptable level of compliance with Article 11 , it shall, upon request of the other Party, collect and provide to the other Party on an annual basis statistics on its procurements covered by this Title.
Notwithstanding paragraph 1 b , no compensatory adjustments shall be provided to the other Party where the modification by a Party of its coverage under this Title concerns:. Where appropriate, the Association Committee shall by decision modify the relevant Annex to reflect the modification notified by the Party concerned. If either Party should offer in the future a third party additional advantages with regard to access to their respective procurement markets beyond what has been agreed under this Title, it shall agree to enter into negotiations with the other Party with a view to extending these advantages to it on a reciprocal basis by means of a decision of the Association Committee.
Provided that such measures are not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination between the Parties or a disguised restriction on trade between them, nothing in this Title shall be construed to prevent any Party from adopting or maintaining measures:. The Association Committee shall review the implementation of this Title every two years, unless otherwise agreed by the Parties; it shall consider any issue arising from it, and take appropriate action in the exercise of its functions.
It shall, in particular, fulfil the following tasks:. The Parties shall aim at the liberalisation of current payments and capital movements between them, in conformity with the commitments undertaken in the framework of the international financial institutions and with due consideration to each Party's currency stability. The Parties shall allow, in freely convertible currency and in accordance with the Articles of Agreement of the International Monetary Fund, any payments and transfers of the Current Account between the Parties.
With regard to movement of capital of the Balance of Payments, from the entry into force of this Agreement, the Parties shall allow the free movements of capital relating to direct investments made in accordance with the laws of the host country and investments established in accordance with the provisions of Title III of this Part, and the liquidation or repatriation of these capitals and of any profit stemming therefrom. Where, in exceptional circumstances, payments and capital movements between the Parties cause or threaten to cause serious difficulties for the operation of monetary policy or exchange rate policy in either Party, the Party concerned may take safeguard measures with regard to capital movements that are strictly necessary for a period not exceeding one year.
The application of safeguard measures may be extended through their formal reintroduction. The Party adopting the safeguard measures shall inform the other Party forthwith and present, as soon as possible, a time schedule for their removal. With respect to this Title, the Parties confirm the rights and obligations existing under any bilateral or multilateral agreements to which they are parties. The Parties shall consult each other with a view to facilitating the movement of capital between them in order to promote the objectives of this Agreement.
The Parties shall grant and ensure adequate and effective protection of intellectual property rights in accordance with the highest international standards, including effective means of enforcing such rights provided for in international treaties. For the purposes of this Agreement, intellectual property rights embodies copyright - including copyright in computer programs and in databases - and related rights, the rights related to patents, industrial designs, geographical indications including appellation of origins, trademarks, layout-designs topographies of integrated circuits, as well as protection of undisclosed information and protection against unfair competition as referred to in Article 10 bis of the Paris Convention for the Protection of Industrial Property Stockholm Act, While the Parties express their attachment to observing the obligations deriving from the above multilateral conventions, the Association Council may decide to include in Article other multilateral conventions in this field.
The Parties undertake to apply their respective competition laws in a manner consistent with this Part of the Agreement so as to avoid the benefits of the liberalisation process in goods and services being diminished or cancelled out by anti-competitive business conduct.
To this end, the Parties agree to cooperate and coordinate among their competition authorities under the provisions of this Title. With a view to preventing distortions or restrictions of competition which may affect trade in goods or services between them, the Parties shall give particular attention to anti-competitive agreements, concerted practices and abusive behaviour resulting from single or joint dominant positions.
The Parties agree to cooperate and coordinate among themselves for the implementation of competition laws. This cooperation includes notification, consultation, exchange of non-confidential information and technical assistance. The Parties acknowledge the importance of embracing principles on competition that would be accepted by both Parties in multilateral fora, including the WTO.
Each competition authority shall notify the competition authority of the other Party of an enforcement activity if it:. Provided that this is not contrary to the Parties' competition laws and does not affect any investigation being carried out, notification shall take place at an early stage of the procedure.
The opinions received may be taken into consideration by the other competition authority when taking decisions. The notifications provided for in paragraph 1 should be detailed enough to permit an evaluation in the light of the interests of the other Party. The Parties undertake to use their best efforts to ensure that notifications are made in the circumstances set out above, taking into account the administrative resources available to them.
The competition authority of one Party may notify the other Party's competition authority of its willingness to coordinate enforcement activities with respect to a specific case. This coordination shall not prevent the Parties from taking autonomous decisions. Consultations when the important interests of one Party are adversely affected in the territory of the other Party. Each Party shall, in accordance with its laws, take into consideration, as necessary, the important interests of the other Party in the course of its enforcement activities.
If the competition authority of a Party considers that an investigation or proceeding being conducted by the competition authority of the other Party may adversely affect such Party's important interests it may transmit its views on the matter to, or request consultation with, the other competition authority. Without prejudice to the continuation of any action under its competition laws and to its full freedom of ultimate decision, the competition authority so addressed should give full and sympathetic consideration to the views expressed by the requesting competition authority.
The competition authority of a Party which considers that the interests of that Party are being substantially and adversely affected by anti-competitive practices of whatever origin that are or have been engaged in by one or more enterprises situated in the other Party may request consultations with the competition authority of that Party.
Such consultations shall be without prejudice to the full freedom of ultimate decision of the competition authority concerned. Some say flex is a eit of an issue, i don't really notice it.. I surf a lot and I'm into my third season in the R4 and fourth in the R2. Couple of pin holes around the knees in the R4 but not an issue. Both going strong. Pricey but you can buy online off-season and pick one up for pretty good prices. Check the UK sites and look for specials. They do free postage from UK too, should be some good sales soon with their winter coming to an end.
Thanks Zen and geek. I remember xcel wetties always did well in the wetsuits reviews the mags do. Spoilt for choice now days hey Cheers guys. I've got an R3 and for the first two years I wore it all winter long in Southern Tassie. It's probably close to 4 years old now and there's a few things falling apart but it still doesn't leak in water.
I've got a Needs Essential with built in hood for the coldest days here now, and it works well. Everyone I know with an R4 finds them too warm for most of the year, so an R3 is definitely your bet! I had an R2 and it was super warm but there sizing is a lot smaller and the flex made getting in and out of the chest zip an issue Goofy, jump onto the Patagonia site right now. Picked up a new wettie on there yesterday at a bargain.
Any of you have experience with the R1? Sounds like it should be warm enough for C water, or? And then to sizing. I'm 6'1 x x 80kg. Not muscly, but wide shoulders. Normally I fit an L, but they sound like they are on the small side? Only L and XL are available.
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Grounded by the pandemic and a world full of closed borders, Gubbins posted up in Peru—and ended up scoring crazy left-hand barrels a few miles from his doorstep. Who says you have to travel halfway around the world to surf Namibian-style mutants? Sometimes the best option is to shelter at home. Sebastian Steudtner After a summer that was largely devoid of big-wave heroics—due to both travel restrictions and a relatively quiet year in the southern hemisphere, swell-wise—Nazare kicked the big wave scene back into action in November as one of the largest swells in history buffeted the European coastline.
Andrew Cotton Remember when Cotty broke his back in a horrible wipeout at Nazare in ? And then tore his ACL at Nazare the next year, after making a superhuman effort to get his body back in fighting shape? While most guys were sitting at home waiting for swell, he chased a cycle to Teahupoo and got barreled on a finless board. But she remains one of the most stylish surfers on the planet and a legitimate title threat, alongside Carissa Moore and Tyler Wright.
And considering her consistent performance in Australia during the COVID lockdown, she probably surfed more good waves than any other woman on tour in Along with Kai Lenny, Chumbo is the future of big wave surfing—and that is enough to keep him relevant, pandemic or no. A potential world-record wave at Nazare in October is just the latest proof of his talent. Opening day of the Magnitude event saw Keala Kennelly head to an outer reef and snag one of the biggest waves of the day—a great way to start her winter campaign.
Jamie Mitchell Like a lot of professional surfers during the year of the pandemic, Jamie Mitchell was forced to slow down and enjoy the waves at home for much of Meanwhile, his new big wave podcast and other forward-thinking ideas have established him as a central figure in the big wave scene for years to come. His backside barrel approach in particular is something to behold. Justine Dupont The other woman in the running for the biggest wave ever ridden world record, Justine Dupont also rode her wave during the Nazare tow event—and when Maya was awarded top honours, Dupont made it clear that she was unhappy with the ruling.
A wave ridden by Maya Gabeira that day was deemed the biggest ridden by anyone the entire year, and earned her a closely contested world record. While most professional surfers live Instagram post to Instagram post, Nic Von Rupp spends months stacking clips and making sure that his edits are top-notch productions. This strategy paid dividends during a year when most freesurfers were unable to travel and chase swells.
Rather than sitting at home sulking after being deprived of his spot on a cancelled Big Wave Tour, Von Rupp released the Von Froth series of edits, maintaining his relevance until the world opens back up and he can get back to chasing the heaviest barrels in Europe and abroad.
While Tyler may be out to an early lead and Steph Gilmore might have more world titles to her name, Carissa is arguably the best female surfer on the planet. Tyler Wright After dominating the world tour for a couple of years, Tyler Wright was struck down with a terrible case of post-viral syndrome, which led her to miss half of the season and the majority of the season. Does anyone put out more entertaining content, practically on a weekly basis, than Mason Ho?
Matahi Drollet Matahi has always been one of the best at Teahupoo—and that alone makes him one of the gnarliest guys in the world. Then he went back home for the summer and took things to yet another level, riding what are likely the first-ever legit foil barrels at Teahupoo, no less! A multiple-time big wave world champ, Twig keeps upping the bar every season. Last year it was his monolithic, foot barrel at Jaws. This year—this month, in fact—it was a second-reef Mavs monster that was quite possibly the biggest ever paddled.
We will leave it to the folks at Guinness to decide about world records, but one thing is for certain—Twiggy is only getting better with age. Kelly Slater The GOAT could literally walk away from competitive surfing—hell, surfing altogether—and still remain one of the most popular people to ever ride a wave, pretty much indefinitely. A year out of the jersey means nothing to a man who has already retired once, only to come back and win five more world titles.
Nearing 50, he remains as relevant as ever, whether debating flat-earthers online, expanding his quiver of Slater Designs boards, or competing on tour. He proved that once again by making the semis at Pipe, where he was only stopped by an in-form John John Florence who went on to win the event.
But at Pipeline in December, Medina exploded back onto the scene with a finals appearance, facing off against John Florence for an early lead heading into While Florence ended up on top, it was a close heat and a well-fought battle—an indicator of what to expect from Medina for the rest of the coming season. After a summer full of lockdowns and small waves at home, the world was ready to be wowed by the first XXL swell of the winter—and Connor Maguire delivered.
While the rest of the big wave world flocked to Nazare which subsequently got shut down by the Portuguese government , McGuire got permission to surf a locked down Mully and ended up towing the biggest wave ever surfed in Ireland. Italo Ferreira For awhile there it looked like Italo Ferreira was going to be king for life—the last world champ of a dying tour.
The edits he has consistently dropped during the gap year while the rest of the tour has gone eerily silent and his electric performance at the season opener at Pipeline where he only narrowly lost to Medina in the semis after suffering multiple injuries in the quarters make him an easy pick for a spot at the Trestles title showdown in September.
While most tour surfers faded into relative obscurity while the tour was on hiatus, John spent the year healing his knee, honing his craft, and regularly releasing jaw-dropping edits. And when the world tour sputtered back to life at Pipeline last week, it was Florence who stepped up, winning his first Pipe Masters and taking an early lead in the race for the world title. Remember this? Kai Lenny treating Nazare like a toy box, way back in March which feels like a lifetime ago.
Arm-barring barrels while skipping down the face at Jaws. Charging second-reefers at Mavs. Single-handedly making foil surfing cool. Young, humble, frothy, good looking, accomplished, and incredibly talented—if professional surfing ends up surviving COVID, it will be because of Kai Lenny.
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