EU - Ukraine Association Agreement (2014)
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Title

ASSOCIATION AGREEMENT

between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part

Preamble

PREAMBLE

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 REPUBLIC OF CROATIA,

THE ITALIAN REPUBLIC,

THE REPUBLIC OF CYPRUS,

THE REPUBLIC OF LATVIA,

THE REPUBLIC OF LITHUANIA,

THE GRAND DUCHY OF LUXEMBOURG,

HUNGARY,

THE REPUBLIC OF 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,

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

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",

THE EUROPEAN UNION, hereinafter referred to as "the Union" or "the EU"

and

THE EUROPEAN ATOMIC ENERGY COMMUNITY, hereinafter referred to as "the EURATOM"™

on the one part, and

UKRAINE

on the other part,

Hereafter jointly referred to as "the Parties",

TAKING ACCOUNT of the close historical relationship and progressively closer links between the Parties as well as their desire to strengthen and widen relations in an ambitious and innovative way;

COMMITTED to a close and lasting relationship that is based on common values, namely respect for democratic principles, the rule of law, good governance, human rights and fundamental freedoms, including the rights of persons belonging to national minorities, non-discrimination of persons belonging to minorities and respect for diversity, human dignity and commitment to the principles of a free market economy, which would facilitate the participation of Ukraine in European policies;

RECOGNISING that Ukraine as a European country shares a common history and common values with the Member States of the European Union (EU) and is committed to promoting those values;

NOTING the importance Ukraine attaches to its European identity;

TAKING INTO ACCOUNT the strong public support in Ukraine for the country's European choice;

CONFIRMING that the European Union acknowledges the European aspirations of Ukraine and welcomes its European choice, including its commitment to building a deep and sustainable democracy and a market economy;

RECOGNISING that the common values on which the European Union is built - namely democracy, respect for human rights and fundamental freedoms, and the rule of law - ” are also essential elements of this Agreement;

ACKNOWLEDGING that the political association and economic integration of Ukraine with the European Union will depend on progress in the implementation of this Agreement as well as Ukraine's track record in ensuring respect for common values, and progress in achieving convergence with the EU in political, economic and legal areas;

COMMITTED to implementing all the principles and provisions of the United Nations Charter, the Organization for Security and Cooperation in Europe (OSCE), in particular the Helsinki Final Act of 1975 of the Conference on Security and Cooperation in Europe, the concluding documents of the Madrid and Vienna Conferences of 1991 and 1992 respectively, the Charter of Paris for a New Europe of 1990, the United Nations Universal Declaration on Human Rights of 1948 and the Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms of 1950;

DESIROUS of strengthening international peace and security as well as engaging in effective multilateralism and the peaceful settlement of disputes, in particular by closely cooperating to that end within the framework of the United Nations (UN), the OSCE and the Council of Europe;

COMMITTED to promoting the independence, sovereignty, territorial integrity and inviolability of borders;

DESIROUS of achieving an ever-closer convergence of positions on bilateral, regional and international issues of mutual interest, taking into account the Common Foreign and Security Policy (CFSP) of the European Union, including the Common Security and Defence Policy (CSDP);

COMMITTED to reaffirming the international obligations of the Parties, to fighting against the proliferation of weapons of mass destruction and their means of delivery, and to cooperating on disarmament and arms control;

DESIROUS of moving the reform and approximation process forward in Ukraine, thus contributing to the gradual economic integration and deepening of political association;

CONVINCED of the need for Ukraine to implement the political, socio-economic, legal and institutional reforms necessary to effectively implement this Agreement and committed to decisively supporting those reforms in Ukraine;

DESIROUS of achieving economic integration, inter alia through a Deep and Comprehensive Free Trade Area (DCFTA) as an integral part of this Agreement, in compliance with rights and obligations arising out of the World Trade Organisation (WTO) membership of the Parties, and through extensive regulatory approximation;

RECOGNISING that such a Deep and Comprehensive Free Trade Area, linked to the broader process of legislative approximation, will contribute to further economic integration with the European Union Internal Market as envisaged in this Agreement;

COMMITTED to developing a new climate conducive to economic relations between the Parties, and above all for the development of trade and investment and stimulating competition, factors which are crucial to economic restructuring and modernisation;

COMMITTED to enhancing energy cooperation, building on the commitment of the Parties to implement the Energy Community Treaty;

COMMITTED to enhancing energy security, facilitating the development of appropriate infrastructure and increasing market integration and regulatory approximation towards key elements of the EU acquis, promoting energy efficiency and the use of renewable energy sources as well as achieving a high level of nuclear safety and security;

COMMITTED to increasing dialogue - based on the fundamental principles of solidarity, mutual trust, joint responsibility and partnership - and cooperation on migration, asylum and border management, with a comprehensive approach paying attention to legal migration and to cooperating in tackling illegal immigration, and trafficking in human beings, and ensuring the efficient implementation of the readmission agreement;

RECOGNISING the importance of the introduction of a visa-free travel regime for the citizens of Ukraine in due course, provided that the conditions for well-managed and secure mobility are in place;

COMMITTED to combating organised crime and money laundering, to reducing the supply of and demand for illicit drugs and to stepping up cooperation in the fight against terrorism;

COMMITTED to enhancing cooperation in the field of environmental protection and to the principles of sustainable development and green economy;

DESIROUS of enhancing people-to-people contacts;

COMMITTED to promoting cross-border and inter-regional cooperation;

COMMITTED to gradually approximating Ukraine's legislation with that of the Union along the lines set out in this Agreement and to effectively implementing it;

TAKING INTO ACCOUNT that this Agreement will not prejudice and leaves open future developments in EU-Ukraine relations;

CONFIRMING that the provisions of this Agreement that fall within the scope of Part III, Title V of the Treaty on the Functioning of the European Union bind the United Kingdom and Ireland as separate Contracting Parties, and not as part of the European Union, unless the European Union together with the United Kingdom and/or Ireland jointly notify Ukraine that the United Kingdom or Ireland is bound as part of the European Union in accordance with Protocol No. 21 on the position of the United Kingdom and Ireland in respect of the area of Freedom, Security and Justice annexed to the Treaty on the Functioning of the European Union. If the United Kingdom and/or Ireland ceases to be bound as part of the European Union in accordance with Article 4a of Protocol No. 21 or in accordance with Article 10 of Protocol No. 36 on transitional provisions annexed to the Treaties, the European Union together with the United Kingdom and/or Ireland shall immediately inform Ukraine of any change in their position, in which case they shall remain bound by the provisions of the Agreement in their own right. The same applies to Denmark, in accordance with Protocol No. 22 on the position of Denmark, annexed to the Treaties.

HAVE AGREED AS FOLLOWS

Body

Article 1. Objectives

1. An association between the Union and its Member States, of the one part, and Ukraine, of the other part, is hereby established.

2. The aims of this association are:

(a) to promote gradual rapprochement between the Parties based on common values and close and privileged links, and increasing Ukraine's association with EU policies and participation in programmes and agencies;

(b) to provide an appropriate framework for enhanced political dialogue in all areas of mutual interest;

(c) to promote, preserve and strengthen peace and stability in the regional and international dimensions in accordance with the principles of the United Nations Charter, and of the Helsinki Final Act of 1975 of the Conference on Security and Cooperation in Europe and the objectives of the Charter of Paris for a New Europe of 1990;

(d) to establish conditions for enhanced economic and trade relations leading towards Ukraine's gradual integration in the EU Internal Market, including by setting up a Deep and Comprehensive Free Trade Area as stipulated in Title TV (Trade and Trade-related Matters) of this Agreement, and to support Ukrainian efforts to complete the transition into a functioning market economy by means of, inter alia, the progressive approximation of its legislation to that of the Union;

(e) to enhance cooperation in the field of Justice, Freedom and Security with the aim of reinforcing the rule of law and respect for human rights and fundamental freedoms;

(f) to establish conditions for increasingly close cooperation in other areas of mutual interest.

Title I. GENERAL PRINCIPLES

Article 2.

Respect for democratic principles, human rights and fundamental freedoms, as defined in particular in the Helsinki Final Act of 1975 of the Conference on Security and Cooperation in Europe and the Charter of Paris for a New Europe of 1990, and other relevant human rights instruments, among them the UN Universal Declaration of Human Rights and the European Convention on Human Rights and Fundamental Freedoms, and respect for the principle of the rule of law shall form the basis of the domestic and external policies of the Parties and constitute essential elements of this Agreement. Promotion of respect for the principles of sovereignty and territorial integrity, inviolability of borders and independence, as well as countering the proliferation of weapons of mass destruction, related materials and their means of delivery also constitute essential elements of this Agreement.

Article 3.

The Parties recognise that the principles of a free market economy underpin their relationship. The rule of law, good governance, the fight against corruption, the fight against the different forms of trans- national organised crime and terrorism, the promotion of sustainable development and effective multilateralism are central to enhancing the relationship between the Parties.

Title II. POLITICAL DIALOGUE AND REFORM, POLITICAL ASSOCIATION, COOPERATION AND CONVERGENCE IN THE FIELD OF FOREIGN AND SECURITY POLICY

Article 4. Aims of Political Dialogue

1. Political dialogue in all areas of mutual interest shall be further developed and strengthened between the Parties. This will promote gradual convergence on foreign and security matters with the aim of Ukraine's ever-deeper involvement in the European security area.

2. The aims of political dialogue shall be:

(a) to deepen political association and increase political and security policy convergence and effectiveness;

(b) to promote international stability and security based on effective multilateralism;

(c) to strengthen cooperation and dialogue between the Parties on international security and crisis management, particularly in order to address global and regional challenges and key threats;

(d) to foster result-oriented and practical cooperation between the Parties for achieving peace, security and stability on the European continent;

(e) to strengthen respect for democratic principles, the rule of law and good governance, human rights and fundamental freedoms, including the rights of persons belonging to national minorities, non-discrimination of persons belonging to minorities and respect for diversity, and to contribute to consolidating domestic political reforms;

(f) to develop dialogue and to deepen cooperation between the Parties in the field of security and defence;

(g) to promote the principles of independence, sovereignty, territorial integrity and the inviolability of borders.

Article 5. Fora for the Conduct of Political Dialogue

1. The Parties shall hold regular political dialogue meetings at Summit level.

2. At ministerial level, political dialogue shall take place, by mutual agreement, within the Association Council referred to in Article 460 of this Agreement and within the framework of regular meetings between representatives of the Parties at Foreign Minister level.

3. Political dialogue shall also take place in the following formats:

(a) regular meetings at Political Directors, Political and Security Committee and expert level, including on specific regions and issues, between representatives of the European Union on the one hand, and representatives of Ukraine on the other;

(b) taking full and timely advantage of all diplomatic and military channels between the Parties, including appropriate contacts in third countries and within the United Nations, the OSCE and other international fora;

(c) regular meetings both at the level of high officials and of experts of the military institutions of the Parties;

(d) any other means, including expert-level meetings, which would contribute to improving and consolidating this dialogue.

4. Other procedures and mechanisms for political dialogue, including extraordinary consultations, shall be set up by the Parties by mutual agreement.

5. Political dialogue at parliamentary level shall take place within the framework of the Parliamentary Association Committee referred to in Article 467 of this Agreement.

Article 6. Dialogue and Cooperation on Domestic Reform

The Parties shall cooperate in order to ensure that their internal policies are based on principles common to the Parties, in particular stability and effectiveness of democratic institutions and the rule of law, and on respect for human rights and fundamental freedoms, in particular as referred to in Article 14 of this Agreement.

Article 7. Foreign and Security Policy

1. The Parties shall intensify their dialogue and cooperation and promote gradual convergence in the area of foreign and security policy, including the Common Security and Defence Policy (CSDP), and shall address in particular issues of conflict prevention and crisis management, regional stability, disarmament, non-proliferation, arms control and arms export control as well as enhanced mutually-beneficial dialogue in the field of space. Cooperation will be based on common values and mutual interests, and shall aim at increasing policy convergence and effectiveness, and promoting joint policy planning. To this end, the Parties shall make use of bilateral, international and regional fora.

2. Ukraine, the EU and the Member States reaffirm their commitment to the principles of respect for independence, sovereignty, territorial integrity and inviolability of borders, as established in the UN Charter and the Helsinki Final Act of 1975 of the Conference on Security and Cooperation in Europe, and to promoting these principles in bilateral and multilateral relations.

3. The Parties shall address in a timely and coherent manner the challenges to these principles at all appropriate levels of the political dialogue provided for in this Agreement, including at ministerial level.

Article 8. International Criminal Court

The Parties shall cooperate in promoting peace and international justice by ratifying and implementing the Rome Statute of the International Criminal Court (ICC) of 1998 and its related instruments.

Article 9. Regional Stability

1. The Parties shall intensify their joint efforts to promote stability, security and democratic development in their common neighbourhood, and in particular to work together for the peaceful settlement of regional conflicts.

2. These efforts shall follow commonly shared principles for maintaining international peace and security as established by the UN Charter, the Helsinki Final Act of 1975 of the Conference on Security and Cooperation in Europe and other relevant multilateral documents.

Article 10. Conflict Prevention, Crisis Management and Military-technological Cooperation

1. The Parties shall enhance practical cooperation in conflict prevention and crisis management, in particular with a view to increasing the participation of Ukraine in EU-led civilian and military crisis management operations as well as relevant exercises and training activities, including those carried out in the framework of the Common Security and Defence Policy (CSDP).

2. Cooperation in this field shall be based on modalities and arrangements between the EU and Ukraine on consultation and cooperation on crisis management.

3. The Parties shall explore the potential of military-technological cooperation. Ukraine and the European Defence Agency (EDA) shall establish close contacts to discuss military capability improvement, including technological issues.

Article 11. Non-proliferation of Weapons of Mass Destruction

1. The Parties consider that the proliferation of weapons of mass destruction, related materials and their means of delivery, to both state and non-state actors, represents one of the most serious threats to international stability and security. The Parties therefore agree to cooperate and to contribute to countering the proliferation of weapons of mass destruction, related materials and their means of delivery through full compliance with, and national implementation of, their existing obligations under international disarmament and non-proliferation treaties and agreements and other relevant international obligations. The Parties agree that this provision constitutes an essential element of this Agreement.

2. The Parties furthermore agree to cooperate and to contribute to countering the proliferation of weapons of mass destruction, related materials and their means of delivery by:

(a) taking steps to sign, ratify or accede to, as appropriate, and fully implement all other relevant international instruments;

(b) further improving the system of national export controls, in order to control effectively the export as well as transit of goods related to weapons of mass destruction, including an end-use control on dual use technologies and goods, as well as effective sanctions for violations of export controls.

3. The Parties agree to establish a regular political dialogue that will accompany and consolidate these elements.

Article 12. Disarmament, Arms Controls, Arms Export Control and the Fight Against Illicit Trafficking of Arms

The Parties shall develop further cooperation on disarmament, including in the reduction of their stockpiles of redundant small arms and light weapons, as well as dealing with the impact on the population and on the environment of abandoned and unexploded ordnance as referred to in Chapter 6 (Environment) of Title V of this Agreement. Cooperation on disarmament shall also include arms controls, arms export controls and the fight against illicit trafficking of arms, including small arms and light weapons. The Parties shall promote universal adherence to, and compliance with, relevant international instruments and shall aim to ensure their effectiveness, including through implementation of the relevant United Nations Security Council Resolutions.

Article 13. Combating Terrorism

The Parties agree to work together at bilateral, regional and international levels to prevent and combat terrorism in accordance with international law, international human rights standards, and refugee and humanitarian law.

Title III. JUSTICE, FREEDOM AND SECURITY

Article 14. The Rule of Law and Respect for Human Rights and Fundamental Freedoms

In their cooperation on justice, freedom and security, the Parties shall attach particular importance to the consolidation of the rule of law and the reinforcement of institutions at all levels in the areas of administration in general and law enforcement and the administration of justice in particular. Cooperation will, in particular, aim at strengthening the judiciary, improving its efficiency, safeguarding its independence and impartiality, and combating corruption. Respect for human rights and fundamental freedoms will guide all cooperation on justice, freedom and security.

Article 15. Protection of Personal Data

The Parties agree to cooperate in order to ensure an adequate level of protection of personal data in accordance with the highest European and international standards, including the relevant Council of Europe instruments. Cooperation on personal data protection may include, inter alia, the exchange of information and of experts.

Article 16. Cooperation on Migration, Asylum and Border Management

1. The Parties reaffirm the importance of joint management of migration flows between their territories and shall further develop the comprehensive dialogue on all migration-related issues, including illegal migration, legal migration, smuggling of and trafficking in human beings, as well as the inclusion of migration concerns in the national strategies for economic and social development of the areas from which migrants originate. This dialogue is based on the fundamental principles of solidarity, mutual trust, joint responsibility and partnership.

2. In accordance with the relevant Union and national legislation in force, cooperation will, in particular, focus on:

(a) tackling the root causes of migration, pursuing actively the possibilities of cooperation in this field with third countries and in international fora;

(b) establishing together an effective and preventive policy against illegal migration, smuggling of migrants and trafficking in human beings including how to combat networks of smugglers and traffickers and how to protect the victims of such trafficking;

(c) establishing a comprehensive dialogue on asylum issues and in particular on matters relating to the practical implementation of the UN Convention of 1951 relating to the Status of Refugees and the Protocol relating to the Status of Refugees of 1967 and other relevant international instruments, as well as ensuring the respect of the principle of "non-refoulement";

(d) admission rules, the rights and status of persons admitted, and the fair treatment and integration of lawfully-residing non-nationals;

(e) further developing operational measures in the field of border management;

(i) Cooperation on border management may include, inter alia, training, exchange of best practices including technological aspects, exchange of information in line with applicable rules and, where appropriate, exchange of liaison officers.

(ii) Efforts of the Parties in this field will aim at the effective implementation of the principle of integrated border management.

(f) enhancing document security;

(g) developing an effective return policy, including in its regional dimension; and

(h) exchanging views on the informal employment of migrants.

Page 1 Next page
  • Article   1 Objectives 1
  • Title   I GENERAL PRINCIPLES 1
  • Article   2 1
  • Article   3 1
  • Title   II POLITICAL DIALOGUE AND REFORM, POLITICAL ASSOCIATION, COOPERATION AND CONVERGENCE IN THE FIELD OF FOREIGN AND SECURITY POLICY 1
  • Article   4 Aims of Political Dialogue 1
  • Article   5 Fora for the Conduct of Political Dialogue 1
  • Article   6 Dialogue and Cooperation on Domestic Reform 1
  • Article   7 Foreign and Security Policy 1
  • Article   8 International Criminal Court 1
  • Article   9 Regional Stability 1
  • Article   10 Conflict Prevention, Crisis Management and Military-technological Cooperation 1
  • Article   11 Non-proliferation of Weapons of Mass Destruction 1
  • Article   12 Disarmament, Arms Controls, Arms Export Control and the Fight Against Illicit Trafficking of Arms 1
  • Article   13 Combating Terrorism 1
  • Title   III JUSTICE, FREEDOM AND SECURITY 1
  • Article   14 The Rule of Law and Respect for Human Rights and Fundamental Freedoms 1
  • Article   15 Protection of Personal Data 1
  • Article   16 Cooperation on Migration, Asylum and Border Management 1
  • Article   17 Treatment of Workers 2
  • Article   18 Mobility of Workers 2
  • Article   19 Movement of Persons 2
  • Article   20 Money Laundering and Terrorism Financing 2
  • Article   21 Cooperation In the Fight Against Illicit Drugs, and on Precursors and Psychotropic Substances 2
  • Article   22 Fight Against Crime and Corruption 2
  • Article   23 Cooperation In Fighting Terrorism 2
  • Article   24 Legal Cooperation 2
  • Title   IV TRADE AND TRADE-RELATED MATTERS 2
  • Chapter   1 National Treatment and Market Access for Goods 2
  • Section   1 Common Provisions 2
  • Article   25 Objective 2
  • Article   26 Scope and Coverage 2
  • Section   2 Elimination of Customs Duties, Fees and other Charges 2
  • Article   27 Definition of Customs Duties 2
  • Article   28 Classification of Goods 2
  • Article   29 Elimination of Customs Duties on Imports 2
  • Article   30 Standstill Neither Party May Increase Any Existing Customs Duty, or Adopt Any New 2
  • Article   31 Customs Duties on Exports 2
  • Article   32 Export Subsidies and Measures of Equivalent Effect 2
  • Article   33 Fees and other Charges 2
  • Section   3 Non-Tariff Measures 2
  • Article   34 National Treatment 2
  • Article   35 Import and Export Restrictions 2
  • Section   4 Specific Provisions Related to Goods 2
  • Article   36 General Exceptions 2
  • Section   5 Administrative Cooperation and Coordination with other Countries 2
  • Article   37 Special Provisions on Administrative Cooperation 2
  • Article   38 Management of Administrative Errors 2
  • Article   39 Agreements with other Countries 2
  • Chapter   2 Trade Remedies 2
  • Section   1 Global Safeguard Measures 2
  • Article   40 General Provisions 2
  • Article   41 Transparency 2
  • Article   42 Application of Measures 2
  • Article   43 Developing Country 2
  • Section   2 Safeguard Measures on Passenger Cars 2
  • Article   44 Safeguard Measures on Passenger Cars 2
  • Article   45 Definitions 2
  • Section   3 Non-cumulation 3
  • Article   45bis Non-cumulation 3
  • Section   4 Anti-dumping and Countervailing Measures 3
  • Article   46 General Provisions 3
  • Article   47 Transparency 3
  • Article   48 Consideration of Public Interest 3
  • Article   49 Lesser Duty Rule 3
  • Article   50 Application of Measures and Reviews 3
  • Section   5 Consultations 3
  • Article   50bis Consultations 3
  • Section   6 Institutional Provisions 3
  • Article   51 Dialogue on Trade Remedies 3
  • Section   7 Dispute Settlement 3
  • Article   52 Dispute Settlement 3
  • Chapter   3 Technical Barriers to Trade 3
  • Article   53 Scope and Definitions 3
  • Article   54 Affirmation of the TBT Agreement 3
  • Article   55 Technical Cooperation 3
  • Article   56 Approximation of Technical Regulations, Standards, and Conformity Assessment 3
  • Article   57 Agreement on Conformity Assessment and Acceptance of Industrial Products 3
  • Article   58 Marking and Labelling 3
  • Chapter   4 Sanitary and Phytosanitary Measures 3
  • Article   59 Objective 3
  • Article   60 Multilateral Obligations 3
  • Article   61 Scope 3
  • Article   62 Definitions 3
  • Article   63 Competent Authorities 4
  • Article   64 Regulatory Approximation 4
  • Article   65 Recognition for Trade Purposes of Animal Health and Pest Status and Regional Conditions 4
  • Article   66 Determination of Equivalence 4
  • Article   67 Transparency and Exchange of Information 4
  • Article   68 Notification, Consultation and Facilitation of Communication 4
  • Article   69 Trade Conditions 4
  • Article   70 Certification Procedure 4
  • Article   71 Verification 4
  • Article   72 Import Checks and Inspection Fees 4
  • Article   73 Safeguard Measures 4
  • Article   74 Sanitary and Phytosanitary Management (SPS) Sub-Committee 4
  • Chapter   5 Customs and Trade Facilitation 4
  • Article   75 Objectives 4
  • Article   76 Legislation and Procedures 4
  • Article   77 Relations with the Business Community 5
  • Article   78 Fees and Charges 5
  • Article   79 Customs Valuation 5
  • Article   80 Customs Cooperation 5
  • Article   81 Mutual Administrative Assistance In Customs Matters 5
  • Article   82 Technical Assistance and Capacity-building 5
  • Article   83 Customs Sub-Committee 5
  • Article   84 Approximation of Customs Legislation 5
  • Chapter   6 Establishment, Trade In Services and Electronic Commerce 5
  • Section   1 General Provisions 5
  • Article   85 Objective, Scope and Coverage 5
  • Article   86 Definitions 5
  • Section   2 Establishment 5
  • Article   87 Scope 5
  • Article   88 National Treatment and Most Favourable Nation Treatment 5
  • Article   89 Review 5
  • Article   90 Other Agreements 5
  • Article   91 Standard of Treatment for Branches and Representative Offices 5
  • Section   3 Cross-Border Supply of Services 5
  • Article   92 Scope 5
  • Article   93 Market Access 6
  • Article   94 National Treatment 6
  • Article   95 Lists of Commitments 6
  • Article   96 Review 6
  • Section   4 Temporary Presence of Natural Persons for Business Purposes 6
  • Article   97 Scope 6
  • Article   98 Key Personnel 6
  • Article   99 Graduate Trainees 6
  • Article   100 Business Services Sellers 6
  • Article   101 Contractual Services Suppliers 6
  • Article   102 Independent Professionals 6
  • Section   5 Regulatory Framework 6
  • Subsection   1 Domestic Regulation 6
  • Article   103 Scope and Definitions 6
  • Article   104 Conditions for Licensing 6
  • Article   105 Licensing Procedures 6
  • Subsection   2 Provisions of General Application 6
  • Article   106 Mutual Recognition 6
  • Article   107 Transparency and Disclosure of Confidential Information 6
  • Subsection   3 Computer Services 6
  • Article   108 Understanding on Computer Services 6
  • Subsection   4 Postal and Courier Services 6
  • Article   109 Scope and Definitions 6
  • Article   110 Prevention of Anti-competitive Practices In the Postal and Courier Sector 6
  • Article   111 Universal Service 6
  • Article   112 Licences 7
  • Article   113 Independence of the Regulatory Body 7
  • Article   114 Regulatory Approximation 7
  • Subsection   5 Electronic Communications 7
  • Article   115 Scope and Definitions 7
  • Article   116 Regulatory Authority 7
  • Article   117 Authorisation to Provide Electronic Communication Services 7
  • Article   118 Access and Interconnection 7
  • Article   119 Scarce Resources 7
  • Article   120 Universal Service 7
  • Article   121 Cross-border Provision of Electronic Communication Services 7
  • Article   122 Confidentiality of Information 7
  • Article   123 Disputes between Service Suppliers 7
  • Article   124 Regulatory Approximation 7
  • Subsection   6 Financial Services 7
  • Article   125 Scope and Definitions 7
  • Article   126 Prudential Carve-out 7
  • Article   127 Effective and Transparent Regulation 7
  • Article   128 New Financial Services 7
  • Article   129 Data Processing 7
  • Article   130 Specific Exceptions 7
  • Article   131 Self-regulatory Organisations 7
  • Article   132 Clearing and Payment Systems 7
  • Article   133 Regulatory Approximation 7
  • Subsection   7 Transport Services 8
  • Article   134 Scope 8
  • Article   135 International Maritime Transport 8
  • Article   136 Road, Rail and Inland Waterways Transport 8
  • Article   137 Air Transport 8
  • Article   138 Regulatory Approximation 8
  • Section   6 Electronic Commerce 8
  • Article   139 Objective and Principles 8
  • Article   140 Regulatory Aspects of Electronic Commerce 8
  • Section   7 Exceptions 8
  • Article   141 General Exceptions 8
  • Article   142 Taxation Measures 8
  • Article   143 Security Exceptions 8
  • Chapter   7 Current Payments and Movement of Capital 8
  • Article   144 Current Payments 8
  • Article   145 Capital Movements 8
  • Article   146 Safeguard Measures 8
  • Article   147 Facilitation and Further Liberalization Provisions 8
  • Chapter   8 Public Procurement 8
  • Article   148 Objectives 8
  • Article   149 Scope 8
  • Article   150 Institutional Background 8
  • Article   151 Basic Standards Regulating the Award of Contracts 8
  • Article   152 Planning of Legislative Approximation 9
  • Article   153 Legislative Approximation 9
  • Article   154 Market Access 9
  • Article   155 Information 9
  • Article   156 Cooperation 9
  • Chapter   9 Intellectual Property 9
  • Section   1 General Provisions 9
  • Article   157 Objectives 9
  • Article   158 Nature and Scope of Obligations 9
  • Article   159 Transfer of Technology 9
  • Article   160 Exhaustion 9
  • Section   2 Standards Concerning Intellectual Property Rights 9
  • Subsection   1 Copyright and Related Rights 9
  • Article   161 Protection Granted 9
  • Article   162 Duration of Authors' Rights 9
  • Article   163 Duration of Protection of Cinematographic or Audiovisual Works 9
  • Article   164 Duration of Related Rights 9
  • Article   165 Protection of Previously Unpublished Works 9
  • Article   166 Critical and Scientific Publications 9
  • Article   167 Protection of Photographs 9
  • Article   168 Cooperation on Collective Management of Rights 9
  • Article   169 Fixation Right 9
  • Article   170 Broadcasting and Communication to the Public 9
  • Article   171 Distribution Right 9
  • Article   172 Limitations 9
  • Article   173 Reproduction Right 9
  • Article   174 Right of Communication to the Public of Works and Right of Making Available to the Public other Subject-matter 9
  • Article   175 Exceptions and Limitations 9
  • Article   176 Protection of Technological Measures 9
  • Article   177 Protection of Rights Management Information 9
  • Article   178 Right Holders and Subject Matter of Rental and Lending Right 9
  • Article   179 Unwaivable Right to Equitable Remuneration 9
  • Article   180 Protection of Computer Programmes 9
  • Article   181 Authorship of Computer Programmes 10
  • Article   182 Restricted Acts Relating to Computer Programmes 10
  • Article   183 Exceptions to the Restricted Acts Relating to Computer Programs 10
  • Article   184 Decompilation 10
  • Article   185 Protection of Databases 10
  • Article   186 Object of Protection 10
  • Article   187 Database Authorship 10
  • Article   188 Restricted Acts Relating to Databases 10
  • Article   189 Exceptions to Restricted Acts Relating to Databases 10
  • Article   190 Resale Right 10
  • Article   191 Broadcasting of Programmes by Satellite 10
  • Article   192 Cable Retransmission 10
  • Subsection   2 Trade-Marks 10
  • Article   193 Registration Procedure 10
  • Article   194 Well-known Trade-marks 10
  • Article   195 Rights Conferred by a Trade-mark 10
  • Article   196 Exceptions to the Rights Conferred by a Trade-mark 10
  • Article   197 Use of Trade-marks 10
  • Article   198 Grounds for Revocation 10
  • Article   199 Partial Refusal, Revocation or Invalidity 10
  • Article   200 Term of Protection 10
  • Subsection   3 Geographical Indications 10
  • Article   201 Scope of the Sub-section 10
  • Article   202 Established Geographical Indications 10
  • Article   203 Addition of New Geographical Indications 10
  • Article   204 Scope of Protection of Geographical Indications 10
  • Article   205 Right of Use of Geographical Indications 10
  • Article   206 Relationship with Trade-marks 10
  • Article   207 Enforcement of Protection 10
  • Article   208 Temporary Measures 10
  • Article   209 General Rules 11
  • Article   210 Cooperation and Transparency 11
  • Article   211 Sub-Committee on Geographical Indications 11
  • Subsection   4 Designs 11
  • Article   212 Definition 11
  • Article   213 Requirements for Protection 11
  • Article   214 Term of Protection 11
  • Article   215 Invalidity or Refusal of Registration 11
  • Article   216 Rights Conferred 11
  • Article   217 Exceptions 11
  • Article   218 Relationship to Copyright 11
  • Subsection   5 Patents 11
  • Article   219 Patents and Public Health 11
  • Article   220 Supplementary Protection Certificate 11
  • Article   221 Protection of Biotechnological Inventions 11
  • Article   222 Protection of Data Submitted to Obtain an Authorisation to Put a Medicinal Product on the Market 11
  • Article   223 Data Protection on Plant Protection Products 11
  • Subsection   6 Topographies of Semiconductor Products 11
  • Article   224 Definition 11
  • Article   225 Requirements for Protection 11
  • Article   226 Exclusive Rights 12
  • Article   227 Term of Protection 12
  • Subsection   7 Other Provisions 12
  • Article   228 Plant Varieties 12
  • Article   229 Genetic Resources, Traditional Knowledge and Folklore 12
  • Section   3 Enforcement of Intellectual Property Rights 12
  • Article   230 General Obligations 12
  • Article   231 Entitled Applicants 12
  • Subsection   1 Civil Measures, Procedures and Remedies 12
  • Article   232 Presumption of Authorship or Ownership 12
  • Article   233 Evidence 12
  • Article   234 Measures for Preserving Evidence 12
  • Article   235 Right to Information 12
  • Article   236 Provisional and Precautionary Measures 12
  • Article   237 Corrective Measures 12
  • Article   238 Injunctions 12
  • Article   239 Alternative Measures 12
  • Article   240 Damages 12
  • Article   241 Legal Costs 12
  • Article   242 Publication of Judicial Decisions 12
  • Article   243 Administrative Procedures 12
  • Subsection   2 Liability of Intermediary Service Providers 12
  • Article   244 Use of Intermediaries' Services 12
  • Article   245 Liability of Intermediary Service Providers: "Mere Conduit" 12
  • Article   246 Liability of Intermediary Service Providers: "Caching" 12
  • Article   247 Liability of Intermediary Service Providers: "Hosting" 12
  • Article   248 No General Obligation to Monitor 12
  • Article   249 Transitional Period 12
  • Subsection   3 Other Provisions 12
  • Article   250 Border Measures 12
  • Article   251 Codes of Conduct and Forensic Cooperation 12
  • Article   252 Cooperation 12
  • Chapter   16 Competition 12
  • Section   1 Antitrust and Mergers 12
  • Article   253 Definitions 12
  • Article   254 Principles 13
  • Article   255 Implementation 13
  • Article   256 Approximation of Law and Enforcement Practice 13
  • Article   257 Public Enterprises and Enterprises Entrusted with Special or Exclusive Rights 13
  • Article   258 State Monopolies 13
  • Article   259 Exchange of Information and Enforcement Cooperation 13
  • Article   260 Consultations 13
  • Article   261 13
  • Section   2 State Aid 13
  • Article   262 General Principles 13
  • Article   263 Transparency 13
  • Article   264 Interpretation 13
  • Article   265 Relationship with WTO 13
  • Article   266 Scope 13
  • Article   267 Domestic System of State Aid Control 13
  • Chapter   1 Trade-Related Energy 13
  • Article   268 Definitions 13
  • Article   269 Domestic Regulated Prices 13
  • Article   270 Prohibition of Dual Pricing 13
  • Article   271 Customs Duties and Quantitative Restrictions 13
  • Article   272 Transit 13
  • Article   273 Transport 13
  • Article   274 Cooperation on Infrastructure 13
  • Article   275 Unauthorised Taking of Energy Goods 13
  • Article   276 Interruption 13
  • Article   277 Regulatory Authority for Electricity and Gas 13
  • Article   278 Relationship with the Energy Community Treaty 13
  • Article   279 Access to and Exercise of the Activities of Prospecting, Exploring for and Producing Hydrocarbons 13
  • Article   280 Licensing and Licensing Conditions 13
  • Chapter   12 Transparency 13
  • Article   281 Definitions 13
  • Article   282 Objective and Scope 13
  • Article   283 Publication 14
  • Article   284 Enquiries and Contact Points 14
  • Article   285 Administrative Proceedings 14
  • Article   286 Review and Appeal 14
  • Article   287 Regulatory Quality and Performance and Good Administrative Behaviour 14
  • Article   288 Non-discrimination 14
  • Chapter   13 Trade and Sustainable Development 14
  • Article   289 Context and Objectives 14
  • Article   290 Right to Regulate 14
  • Article   291 Multilateral Labour Standards and Agreements 14
  • Article   292 Multilateral Environmental Agreements 14
  • Article   293 Trade Favouring Sustainable Development 14
  • Article   294 Trade In Forest Products 14
  • Article   295 Trade In Fish Products 14
  • Article   296 Upholding Levels of Protection 14
  • Article   297 Scientific Information 14
  • Article   298 Review of Sustainability Impacts 14
  • Article   299 Civil Society Institutions 14
  • Article   300 Institutional and Monitoring Mechanisms 14
  • Article   301 Group of Experts 14
  • Article   302 Cooperation on Trade and Sustainable Development 14
  • Chapter   14 Dispute Settlement  (1) 14
  • Article   303 Objective 14
  • Article   304 Scope 14
  • Article   305 Consultations 14
  • Section   1 Arbitration Procedure 14
  • Article   306 Initiation of the Arbitration Procedure 14
  • Article   307 Composition of the Arbitration Panel 14
  • Article   308 Interim Panel Report 14
  • Article   309 Conciliation for Urgent Energy Disputes 14
  • Article   310 Arbitration Panel Ruling 14
  • Section   2 Compliance 14
  • Article   311 Compliance with the Arbitration Panel Ruling 14
  • Article   312 Reasonable Period of Time for Compliance 14
  • Article   313 Review of Any Measure Taken to Comply with the Arbitration Panel Ruling 14
  • Article   314 Remedies for Urgent Energy Disputes 15
  • Article   315 Temporary Remedies In Case of Non-compliance 15
  • Article   316 Review of Any Measure Taken to Comply after the Suspension of Obligations 15
  • Section   3 Common Provisions 15
  • Article   317 Mutually Agreed Solution 15
  • Article   318 Rules of Procedure 15
  • Article   319 Information and Technical Advice 15
  • Article   320 Rules of Interpretation 15
  • Article   321 Arbitration Panel Decisions and Rulings 15
  • Article   322 Dispute Settlement Relating to Regulatory Approximation 15
  • Section   4 General Provisions 15
  • Article   323 Arbitrators 15
  • Article   324 Relation with WTO Obligations 15
  • Article   325 Time Limits 15
  • Article   326 Modification of the Chapter 15
  • Chapter   15 Mediation Mechanism 15
  • Article   327 Objective and Scope 15
  • Section   1 Procedure Under the Mediation Mechanism 15
  • Article   328 Request for Information 15
  • Article   329 Initiation of the Procedure 15
  • Article   330 Selection of the Mediator 15
  • Article   331 Rules of the Mediation Procedure 15
  • Section   2 Implementation 15
  • Article   332 Implementation of a Mutually Agreed Solution 15
  • Section   3 General Provisions 15
  • Article   333 Relationship to Dispute Settlement 15
  • Article   334 Time Limits 15
  • Article   335 Costs 15
  • Article   336 Review 15
  • Title   V TITLE V ECONOMIC AND SECTOR COOPERATION 15
  • Chapter   1 Energy Cooperation, Including Nuclear Issues 15
  • Article   337 15
  • Article   338 15
  • Article   339 15
  • Article   340 15
  • Article   341 15
  • Article   342 15
  • Chapter   2 Macro-Economic Cooperation 15
  • Article   343 15
  • Article   344 15
  • Article   345 16
  • Chapter   3 Management of Public Finances: Budget Policy, Internal Control and External Audit. 16
  • Article   346 16
  • Article   347 16
  • Article   348 16
  • Chapter   4 Taxation 16
  • Article   349 16
  • Article   350 16
  • Article   351 16
  • Article   352 16
  • Article   353 16
  • Article   354 16
  • Chapter   5 Statistics 16
  • Article   355 16
  • Article   356 16
  • Article   357 16
  • Article   358 16
  • Article   359 16
  • Chapter   6 Environment 16
  • Article   360 16
  • Article   361 16
  • Article   362 16
  • Article   363 16
  • Article   364 16
  • Article   365 16
  • Article   366 16
  • Chapter   7 Transport 16
  • Article   367 16
  • Article   368 16
  • Article   369 16
  • Article   370 16
  • Chapter   8 Space 16
  • Article   371 16
  • Article   372 16
  • Article   373 16
  • Chapter   9 Cooperation In Science and Technology 16
  • Article   374 16
  • Article   375 16
  • Article   376 16
  • Article   377 17
  • Chapter   10 Industrial and Enterprise Policy 17
  • Article   378 17
  • Article   379 17
  • Article   380 17
  • Chapter   11 Mining and Metals 17
  • Article   381 17
  • Article   382 17
  • Chapter   12 Financial Services 17
  • Article   383 17
  • Article   384 17
  • Article   385 17
  • Article   386 17
  • Chapter   13 Company Law, Corporate Governance, Accounting and Auditing 17
  • Article   387 17
  • Article   388 17
  • Chapter   14 Information Society 17
  • Article   389 17
  • Article   390 17
  • Article   391 17
  • Article   392 17
  • Article   393 17
  • Article   394 17
  • Article   395 17
  • Chapter   15 Audio-Visual Policy 17
  • Article   396 17
  • Article   397 17
  • Article   398 17
  • Chapter   16 Tourism 17
  • Article   399 17
  • Article   400 17
  • Article   401 Cooperation Shall Focus on the Following Aspects: 17
  • Article   402 17
  • Chapter   17 Agriculture and Rural Development 17
  • Article   403 17
  • Article   404 17
  • Article   405 17
  • Article   406 17
  • Chapter   18 Fisheries and Maritime Policies 17
  • Section   1 Fisheries Policy 17
  • Article   407 17
  • Article   408 17
  • Article   409 17
  • Article   410 17
  • Section   2 Maritime Policy 17
  • Article   411 17
  • Article   412 18
  • Section   3 Regular Dialogue on Fisheries and Maritime Policies 18
  • Article   413 18
  • Chapter   19 Danube River 18
  • Article   414 18
  • Chapter   26 Consumer Protection 18
  • Article   415 18
  • Article   416 18
  • Article   417 18
  • Article   418 18
  • Chapter   21 Cooperation on Employment, Social Policy and Equal Opportunities 18
  • Article   419 18
  • Article   420 18
  • Article   421 18
  • Article   422 18
  • Article   423 18
  • Article   424 18
  • Article   425 18
  • Chapter   22 Public Health 18
  • Article   426 18
  • Article   427 18
  • Article   428 18
  • Article   429 18
  • Chapter   23 Education, Training, and Youth 18
  • Article   430 18
  • Article   431 18
  • Article   432 18
  • Article   433 18
  • Article   434 18
  • Article   435 18
  • Article   436 18
  • Chapter   24 Culture 18
  • Article   437 18
  • Article   438 18
  • Article   439 18
  • Article   440 18
  • Chapter   25 Cooperation In the Field of Sport and Physical Activity 18
  • Article   441 18
  • Article   442 18
  • Chapter   26 Civil Society Cooperation 18
  • Article   443 18
  • Article   444 18
  • Article   445 18
  • Chapter   27 Cross-Border and Regional Cooperation 18
  • Article   446 18
  • Article   447 18
  • Article   448 18
  • Article   449 18
  • Chapter   28 Participation In European Union Agencies and Programmes 18
  • Article   450 18
  • Article   451 18
  • Article   452 18
  • Title   VI FINANCIAL COOPERATION, WITH ANTI-FRAUD PROVISIONS 19
  • Article   453 19
  • Article   454 19
  • Article   455 19
  • Article   456 19
  • Article   457 19
  • Article   458 19
  • Article   459 19
  • Title   VII INSTITUTIONAL, GENERAL AND FINAL PROVISIONS 19
  • Chapter   1 Institutional Framework 19
  • Article   460 19
  • Article   461 19
  • Article   462 19
  • Article   463 19
  • Article   464 19
  • Article   465 19
  • Article   466 19
  • Article   467 19
  • Article   468 19
  • Article   469 19
  • Article   470 19
  • Chapter   2 General and Final Provisions 19
  • Article   471 Access to Courts and Administrative Organs 19
  • Article   472 Measures Related to Essential Security Interests 19
  • Article   473 Non-discrimination 19
  • Article   474 Gradual Approximation 19
  • Article   475 Monitoring 19
  • Article   476 Fulfilment of Obligations 19
  • Article   477 Dispute Settlement 19
  • Article   478 Appropriate Measures In Case of Non-fulfilment of Obligations 19
  • Article   479 Relation to other Agreements 19
  • Article   480 Annexes and Protocols 19
  • Article   481 Duration 19
  • Article   482 Definition of the Parties 19
  • Article   483 Territorial Application 19
  • Article   484 Depository of the Agreement 19
  • Article   485 Authentic Texts 19
  • Article   486 Entry Into Force and Provisional Application 19
  • ANNEX XVI TO CHAPTER 6  LIST OF RESERVATIONS ON ESTABLISHMENT; LIST OF COMMITMENTS ON CROSS-BORDER SUPPLY OF SERVICES; LIST OF RESERVATIONS ON CONTRACTUAL SERVICES SUPPLIERS AND INDEPENDENT PROFESSIONALS 20
  • ANNEX XVI-A TO CHAPTER 6  EU PARTY RESERVATIONS ON ESTABLISHMENT (Referred to in Article 88(2)) 20
  • ANNEX XVI-D TO CHAPTER 6  UKRAINE RESERVATIONS TO ESTABLISHMENT (Referred to in Article 88(1)) 21
  • ANNEX XXIV TO CHAPTER 14  RULES OF PROCEDURE FOR DISPUTE SETTLEMENT 21
  • ANNEX XXV TO CHAPTER 15  CODE OF CONDUCT FOR MEMBERS OF ARBITRATION PANELS AND MEDIATORS 22