EU - Ukraine Association Agreement (2014)
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LV: With respect to investigations services, only detective companies whose head and every person who has an office in the administration institutions thereof is a national of the EU or the EEA are entitled to obtain a license. With respect to security services, at least half of the equity capital should be possessed by physical and juridical persons of the EU or the EEA to obtain a license.

LT: The activity of security services, may only be undertaken by persons with the citizenship of the European Economic Area or a NATO country.

EE: No national treatment and most favourable nation treatment obligations for security services.

HR: No national treatment and most favourable nation treatment obligations for placement services; investigation and security services.

PL: With respect to investigation services, license may be granted to the entrepreneur who is a natural person or to the plenipotentiary possessing professional eligibility (detective license). In the case of the entrepreneur not being a natural person – the professional eligibility must be held at least by one of the members authorized to representation or to a plenipotentiary. The professional license can be granted to a person holding Polish citizenship or to a citizen of another EU Member State, EEA or Switzerland. With respect to security service license may be granted to the entrepreneur who is a natural person possessing a second grade professional license; to the entrepreneur not being a natural person, if the license is possessed by at least one member, being a shareholder of the general partnership or a limited partnership; member of the board; proxy or plenipotentiary who is engaged by an entrepreneur to manage the activity specified in the license. A professional license may be granted only to a person holding Polish citizenship or to a citizen of another EU Member State, EEA or Switzerland.

PL: The editor-in-chief of newspapers and journals must have Polish nationality.

DK: With respect to security services, managers and majority of the board must reside in Denmark.

SK: With respect to investigation services and security services, licences may be granted only if there is no security risk and if all managers are citizens of the EU, EEA or Switzerland.

ES: With respect to security services access is subject to prior authorization.

FR: No national treatment obligation and most favorable nation treatment obligations with respect to the attribution of rights in the area of placement services.

PT: No national treatment and most favorable nation treatment obligations for investigation services.

Distribution services

EU: No national treatment and most favourable nation treatment obligations with respect to distribution of arms, munitions and explosives.

HR: No national treatment and most favourable nation treatment obligations with respect to distribution of tobacco products.

FR: No national treatment and most favourable nation treatment obligations with respect to granting of exclusive rights in the areas of tobacco retail.

FI: No national treatment and most favourable nation treatment obligations with respect to distribution of alcohol and pharmaceuticals.

AT: No national treatment and most favourable nation treatment obligations with respect to distribution of pharmaceuticals.

Financial services ( 62 )

EU: Only firms having their registered office in the European Union can act as depositories of the assets of investment funds. The establishment of a specialised management company, having its head office and registered office in the same Member State, is required to perform the activities of management of unit trusts and investment companies.

BG: Pension insurance shall be implemented through participation in incorporated pension insurance companies. Permanent residence in Bulgaria is required for the chairperson of the management board and the chairperson of the board of directors. Before establishing a branch or agency to provide certain classes of insurance, a foreign insurer must have been authorized to operate in the same classes of insurance in its country of origin.

HR: None, except for settlement and clearing services where the Central Depositary Agency (CDA) is the sole supplier in Croatia. Access to the services of the CDA will be granted to non-residents on a non-discriminatory basis.

HU: Asset management services to domestic compulsory private pension funds and to voluntary mutual insurance funds are reserved to companies having their seats in an EU member state or their branches.

PT: Pension fund management may be provided only by specialized companies incorporated in Portugal for that purpose and by insurance companies established in Portugal and authorised to take up the life insurance business or by entities authorised to pension fund management in other EU Member States.

In order to establish a branch in Portugal, foreign insurance companies need to demonstrate prior operational experience of at least five years.

FI: For insurance companies providing statutory pension insurance: at least one half of the promoters and members of the board of directors and the supervisory board shall have their place of residence in the EU, unless the competent authorities have granted an exemption.

Other insurance companies than those providing statutory pension insurance: residency requirement for at least one member of the board of directors and supervisory board.

IT: Only banks, insurance companies, investment firms, and companies managing UCITS harmonised under the legislations of the European Union, having their legal head office in the European Union, as well as UCITS incorporated in Italy may carry out activity of pension fund resources management. In providing the activity of door-to-door selling, intermediaries must utilise authorised financial salesmen listed in the Italian register. Representative offices of foreign intermediaries cannot carry out activities aimed at providing investment services.

LT: Only firms having their registered office or branch in Lithuania can act as depositories of pension funds.

Health, Social and Education services

EU: No national treatment and most favourable nation treatment obligations with respect to publicly funded health, social and education services. With respect to privately funded education services, nationality conditions may apply for majority of members of the Board.

FI: No national treatment and most favourable nation treatment obligations with respect to privately funded health and social services.

BG: Foreign high schools cannot open their divisions on the territory of the Republic of Bulgaria. Foreign high schools can open faculties, departments, institutes and colleges in Bulgaria only within the structure of the Bulgarian high schools and in cooperation with them.

EL: With respect to higher education services, no national or most favourable nation treatment obligations for establishment of education institutions granting recognized State diplomas.

HR: No national treatment and most favorable nation treatment obligations with respect to primary education.

Tourism and travel related services

PT: Requirement of constitution of a commercial company having its corporate base in Portugal for travel agencies and tour operators services.

HR: Location in the protected areas of particular historic and artistic interest and within national or landscape parks is subject to approval by the Government of the Republic of Croatia which can be denied.

Recreational, cultural and sporting services

News and Press Agencies Services

FR: With respect to press agencies, national treatment for the establishment of juridical persons is subject to reciprocity.

Libraries, archives, museum and other cultural services

HR: No national treatment and most favorable nation treatment obligations with respect to public libraries, archives, museum and other public cultural services.

Sporting and other recreational services

EU: No national treatment and most favourable nation treatment obligations with respect to gambling and betting services. For legal certainty, it is clarified that no market access is granted.

AT: With respect to ski schools and mountain guide services, management directors of juridical persons have to be EEA-citizens.

Transport services

Maritime transport

EU: No national treatment and most favourable nation treatment obligations with respect to national maritime cabotage transport.

EU: No national treatment and most favourable treatment obligations for the establishment of a registered company for the purpose of operating a fleet under the national flag of the State of establishment.

FI: For services auxiliary to maritime transport, services can be provided only by ships operating under the Finnish flag.

HR: For services auxiliary to maritime transport foreign legal person is required to establish a company in Croatia which should be granted a concession by the port authority, following a public tendering procedure. The number of service suppliers may be limited reflecting limitations in port capacity.

Internal Waterways Transport ( 63 )

EU: No national treatment and most favourable nation treatment obligations with respect to national cabotage transport. Measures based upon existing or future agreements on access to inland waterways (incl. agreements following the Rhine-Main-Danube link) reserve some traffic rights for operators based in the countries concerned and meeting nationality criteria regarding ownership. Subject to regulations implementing the Mannheim Convention on Rhine Shipping.

HR: No national treatment and most favourable nation treatment obligations for internal waterways transport.

AT, HU: No national treatment and most favourable nation treatment obligations for the establishment of a registered company for the purpose of operating a fleet under the national flag of the State of establishment.

AT: With respect to internal waterways a concession is only granted to EEA juridical persons and more than 50 % of the capital share, the voting rights and the majority in the governing boards are reserved to EEA-citizens.

Air transport services

EU: No national treatment and most favourable nation treatment obligations for domestic and international air transport services and services, whether scheduled or non-scheduled, and services directly related to the exercise of traffic rights, other than aircraft repair and maintenance services, the selling and marketing of air transport services, CRS services and other services auxiliary to air transport services, such as ground handling services, rental services of aircraft with crew and airport operations services. The conditions of mutual market access in air transport shall be dealt with by the Agreement between the European Union and its Member States and Ukraine on the establishment of a common aviation area.

Rental of aircraft with crew

EU: Aircraft used by an air carrier of the European Union have to be registered in the Member State of the European Union licensing the carrier or elsewhere in the European Union. With respect to rental of aircraft with crew, aircraft must be owned either by natural persons meeting specific nationality criteria or by juridical persons meeting specific criteria regarding ownership of capital and control. Aircraft must be operated by air carriers owned either by natural persons meeting specific nationality criteria or by juridical persons meeting specific criteria regarding ownership of capital and control.

Computer Reservations System

EU: With respect to computer reservation services, where air carriers of the European Union are not accorded equivalent treatment ( 64 ) to that provided in the European Union by CRS services suppliers outside the European Union, or where CRS services suppliers of the European Union are not accorded equivalent treatment to that provided in the European Union by non-EU air carriers, measures may be taken to accord equivalent treatment, respectively, to the non-EU air carriers by the CRS services suppliers in the European Union, or to the non-EU CRS services suppliers by the air carriers in the European Union.

Rail transport

HR: No national treatment and most favourable nation treatment obligations for passenger and freight transportation and for pushing and towing services, other than treatment established under Article 136 of Chapter 6 (Establishment, Trade in Services and Electronic Commerce) of Title IV of this Agreement.

Road transport

EU: With respect to passenger transportation (CPC 7121 and CPC 7122), foreign investors cannot provide transport services within a Member State (cabotage) except for rental of non scheduled services of buses with operators.

Energy sector

EU: No national treatment and most favourable treatment obligations with respect to juridical persons of Ukraine controlled ( 65 ) by natural or juridical persons of a country which accounts for more than 5 % of the EU's oil or natural gas imports ( 66 ), unless the EU provides comprehensive access to this sector to natural or juridical persons of this country, in the context of an economic integration agreement concluded with that country.

EU: Certification of a transmission system operator which is controlled by a natural or legal person or persons from a third country or third countries may be refused where the operator has not demonstrated that granting certification will not put at risk the security of energy supply in a Member State and/ or the EU, in accordance with Article 11 of Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and Article 11 of Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas.

BE, BG, CY, CZ, DK, ES, EE, FI, FR, EL, IE, LU, MT, NL, PL, PT, RO, SK, SI,: No national treatment and most favourable nation treatment obligations with respect to pipeline transportation of fuels services, other than consultancy services.

LV: No national treatment and most favourable nation treatment obligations with respect to pipeline transportation of natural gas, other than consultancy services.

BE, BG, CY, CZ, DK, ES, EE, FI, FR, EL, IE, HU, LU, LT, MT, NL, PL, PT, RO, SK: No national treatment and most favourable nation treatment obligations with respect to services incidental to energy distribution, other than consultancy services.

SI: No national treatment and most favourable nation treatment obligations with respect to services incidental to energy distribution, other than services incidental to the distribution of gas.

CY: Reserves the right to require reciprocity for licensing in relation to the activities of prospecting, exploration and exploitation of hydrocarbons.

( 52 ) For the sake of clarity, incorporation is to be understood as the establishment of a juridical person.

( 53 ) A juridical person is controlled by other natural or juridical person(s) if the latter has/have the power to name a majority of its directors or otherwise legally direct its actions. In particular, ownership of more than 50 % of the equity interest in a juridical person shall be deemed to constitute control.

( 54 ) Based on figures published by the Directorate General in charge of Energy in the latest EU energy statistical pocketbook: crude oil imports expressed in weight, gas imports in calorific value

( 55 ) The sector is limited to manufacturing activities. It does not include activities which are audiovisual-related or present a cultural content.

( 56 ) The horizontal limitation on public utilities applies.

( 57 ) A juridical person is controlled by other natural or juridical person(s) if the latter has/have the power to name a majority of its directors or otherwise legally direct its actions. In particular, ownership of more than 50 % of the equity interest in a juridical person shall be deemed to constitute control.

( 58 ) Based on figures published by the Directorate General in charge of Energy in the latest EU energy statistical pocketbook: crude oil imports expressed in weight, gas imports in calorific value.

( 59 ) The horizontal limitation on public utilities applies.

( 60 ) A juridical person is controlled by other natural or juridical person(s) if the latter has/have the power to name a majority of its directors or otherwise legally direct its actions. In particular, ownership of more than 50 per cent of the equity interests in a juridical person shall be deemed to constitute control.

( 61 ) Provision of legal services is only authorised in respect of public international law, EU law and the law of any jurisdiction where the investor or its personnel is qualified to practice as a lawyer, and, like the provision of other services, is subject to licensing requirements and procedures applicable in Member States of the European Union. For lawyers providing legal services in respect of public international law and foreign law, these may take inter alia the form of compliance with local codes of ethics, use of home title (unless recognition with the host title has been obtained) insurance requirements, simple registration with the host country Bar or a simplified admission to the host country Bar through an aptitude test and a legal or professional domicile in the host country. Legal services in respect of EU law shall in principle be carried out by or through a fully qualified lawyer admitted to the Bar in the EU acting personally, and legal services in respect of the law of a Member State of the European Union shall in principle be carried out by or through a fully qualified lawyer admitted to the Bar in that Member State acting personally. Full admission to the Bar in the relevant Member State of the European Union might therefore be necessary for representation before courts and other competent authorities in the EU since it involves practice of EU and national procedural law. However, in some Member States, foreign lawyers not fully admitted to the Bar are allowed to represent in civil proceedings a party being a national or belonging to the State in which the lawyer is entitled to practice.

( 62 ) The horizontal limitation on the difference in treatment between branches and subsidiaries applies. Foreign branches may only receive an authorisation to operate in the territory of a Member State under the conditions provided for in the relevant legislation of that Member State and may therefore be required to satisfy a number of specific prudential requirements.

( 63 ) Including Services auxiliary to internal waterways transport.

( 64 ) Equivalent treatment implies non-discriminatory treatment of European Union air carriers and European Union CRS services suppliers.

( 65 ) A juridical person is controlled by other natural or juridical person(s) if the latter has/have the power to name a majority of its directors or otherwise legally direct its actions. In particular, ownership of more than 50 % of the equity interest in a juridical person shall be deemed to constitute control.

( 66 ) Based on figures published by the Directorate General in charge of Energy in the latest EU energy statistical pocketbook: crude oil imports expressed in weight, gas imports in calorific value.

ANNEX XVI-D TO CHAPTER 6. UKRAINE RESERVATIONS TO ESTABLISHMENT (Referred to in Article 88(1))

Land ownership

Foreign citizens and persons without citizenship have no right to acquisition of property of agricultural lands. Foreign citizens and persons without citizenship do not have a right to acquire free of charge the land plots, which belong to the State and Municipal property, or to privatize the land plots, previously given to them into use.

Foreign legal persons may acquire property rights only for land plots of non-agricultural destination on the territory of populated localities in case of acquisition of the real estate objects related with business activity carried out in Ukraine, and outside the inhabited localities - in case of acquisition of real estate objects.

There are no restrictions on the rent of land by foreigners and foreign legal entities.

The acquisition, purchase as well as rent or lease of real estate by foreign natural persons and juridical persons may require an authorization.

Forestry

Forests can be owned only by Ukrainian citizens and legal entities.

The acquisition of state owned properties

Enterprises and governmental agencies in which state ownership exceeds 25 % are not authorized to participate in the privatization of Ukrainian enterprises.

Prospecting, exploring for and producing hydrocarbons

Establishment shall be in line with Article 279 (on prospecting, exploring for and producing hydrocarbons in Chapter 11 (Trade-related Energy) of Title IV of this Agreement.

Notary services

Only citizens of Ukraine are permitted to supply notary services.

Medical and dental services

Professional qualification requirements according with Ukrainian legislation. Foreign service suppliers must speak Ukrainian.

Private Services provided by Midwives, Nurses, Physiotherapists and Paramedical Personnel

Professional qualification requirements according with Ukrainian legislation. Foreigner service suppliers must speak Ukrainian.

Postal and Courier Services (including express delivery services) ( 67 )

No national treatment for ordinary letters ( 68 ) weighing less than 50 grams and postcards.

Licensing may be required for:

(i)  Handling of addressed written communication on any kind of physical medium ( 69 ), including:

— Hybrid mail service

— Direct mail

(ii)  Handling of addressed parcels and packages ( 70 )

(iii)  Handling of addressed press products ( 71 )

(iv)  Handling of items referred to in (i) to (iii) above as registered or insured mail,

— for which a general Universal Service Obligations exists.

These licenses may be subject to particular universal service obligations and/or financial contribution to a compensation fund.

Educational Services

Primary education services, Secondary education services, Higher education services

In line with Ukrainian legislation, only a citizen of Ukraine may be the head of an educational institution, notwithstanding the type of ownership.

Financial services

Participation in issues of all kinds of securities, including underwriting and placement as agent (whether publicly or privately) and provision of services related to such issues may be conducted only by legal persons engaged exclusively in issuance of securities, and banks.

Health Related And Social Services

Professional qualification requirements according with Ukrainian legislation for hospital services, including Hospital Management Services and other human health services

Recreational, Cultural And Sporting Services

No national treatment and most favourable nation treatment obligations for access to subsidies to cinema theatre operation services

Foreign investment for news agency services providers is limited to 35 %.

Internal Waterways Transport ( 72 )

No national treatment and most favourable nation treatment obligations with respect to national cabotage transport. Measures based upon existing or future agreements on access to inland waterways (incl. agreements following the Rhine-Main-Danube link) reserve some traffic rights for operators based in the countries concerned and meeting nationality criteria regarding ownership. Subject to regulations implementing the Mannheim Convention on Rhine Shipping.

Air Transport Services

No national treatment and most favourable nation treatment obligations for domestic and international air transport services and services, whether scheduled or non-scheduled, and services directly related to the exercise of traffic rights, other than aircraft repair and maintenance services, the selling and marketing of air transport services, CRS services and other services auxiliary to air transport services, such as ground handling services, rental services of aircraft with crew and airport operations services. The conditions of mutual market access in air transport shall be dealt with by the Agreement between the European Union and its Member States and Ukraine on the establishment of a common aviation area.

Rail Transport Services

No national treatment and most favourable nation treatment obligations for passenger and freight transportation, other than treatment established under Article 136 of Chapter 6 (Establishment, Trade in Services and Electronic Commerce) of Title IV on of this Agreement.

Road Transport Services

Passenger transportation and freight transportation entities shall be registered as a legal entity.

( 67 ) The commitment on postal and courier services and express delivery services applies to commercial operators of all forms of ownership, both private and state.

( 68 ) Ordinary delivery sent via postal box or post office and delivered to postal box at mentioned address without receipts.

( 69 ) E.g. letter, postcards.

( 70 ) Books and catalogues are included in this subsector.

( 71 ) Magazines, newspapers and periodicals.

( 72 ) Including Services auxiliary to internal waterways transport

ANNEX XXIV TO CHAPTER 14. RULES OF PROCEDURE FOR DISPUTE SETTLEMENT

GENERAL PROVISIONS

1. In Chapter 14 (Dispute Settlement) of Title IV of this Agreement and under these rules:

"adviser" means a person retained by a Party to advise or assist that Party in connection with the arbitration panel proceeding;

"arbitration panel" means a panel established under Article 307 of this Agreement;"arbitrator" means a member of an arbitration panel established under Article 307 of this Agreement;"assistant" means a person who, under the terms of appointment of an arbitrator conducts research or provides assistance to the arbitrator;"complaining Party" means any Party that requests the establishment of an arbitration panel under Article 306 of this Agreement;"Party complained against" means the Party that is alleged to have acted inconsistently with this Agreement;"representative of a Party" means an employee or any person appointed by a government department or agency or any other public entity of a Party, who represents the Party for the purposes of a dispute under this Agreement;"day" means a calendar day.

2. The Party complained against shall be in charge of the logistical administration of dispute settlement proceedings, in particular the organisation of hearings, unless otherwise agreed. However, both Parties shall share the expenses derived from organisational matters, including the expenses of the arbitrators.

NOTIFICATIONS

3. The Parties and the arbitration panel shall transmit any request, notice, written submission or other document by delivery against receipt, registered post, courier, facsimile transmission, telex, telegram or any other means of telecommunication that provides a record of the sending thereof.

  • 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