EU - Ukraine Association Agreement (2014)
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4. Provisions on transit

(a) For the purposes of this Agreement, the transit rules and definitions as set out in the WTO provisions (Article V of GATT 1994, and related provisions, including any clarification or improvement resulting from the Doha Round negotiations on trade facilitation) shall apply. These provisions also apply when the transit of goods begins or ends in the territory of a Party (inland transit).

(b) The Parties shall pursue the progressive interconnectivity of their respective customs transit systems, with a view to Ukraine participating in the future in the common transit system set out in the Convention of 20 May 1987 on a common transit procedure.

(c) The Parties shall ensure cooperation and coordination between all relevant authorities and agencies in their territories in order to facilitate traffic in transit and promote cooperation across borders. Parties shall also promote cooperation between authorities and the private sector in relation to transit.

Article 77. Relations with the Business Community

The Parties agree:

(a) to ensure that their respective legislation and procedures are transparent and made publicly available, as far as possible through electronic means, together with the justification for them. There should be a consultation mechanism in place and a reasonable time period between the publication of new or amended provisions and their entry into force;

(b) on the need for timely and regular consultations with trade representatives on legislative proposals and procedures relating to customs and trade issues. To this end, mechanisms for appropriate and regular consultation between administrations and the business community shall be established by each Party;

(c) to make publicly available relevant notices of an administrative nature, including agency requirements and entry procedures, hours of operations and operating procedures for customs offices at ports and border crossing points, and points of contact for information enquiries;

(d) to foster cooperation between operators and relevant administrations via the use of non-arbitrary and publicly accessible procedures, such as Memoranda of Understanding based, in particular, on those promulgated by the WCO;

(e) to ensure that their respective customs and related requirements and procedures continue to meet the legitimate needs of the trading community, follow best practices, and remain the least trade-restrictive possible.

Article 78. Fees and Charges

The Parties shall prohibit administrative fees having an equivalent effect to import or export duties and charges.

With regard to all fees and charges of whatever character imposed by the customs authorities of each Party, including fees and charges for tasks undertaken by another instance on behalf of the said authorities, on or in connection with import or export and without prejudice to the relevant Articles in Chapter 1 (National Treatment and Market Access for Goods) of Title IV of this Agreement, the Parties agree that:

(a) fees and charges may only be imposed for services provided outside of appointed hours and in places other than those referred to in customs regulations, at the request of the declarant in connection with the import or export in question or for any formality required for undertaking such import or export;

(b) fees and charges shall not exceed the cost of the service provided;

(c) fees and charges shall not be calculated on an ad valorem basis;

(d) information on fees and charges shall be published. This information shall include the reason for the fee or charge for the service provided, the authority responsible, the fees and charges that will be applied, and when and how payment is to be made.

The information on fees and charges shall be published via an officially designated medium, and where feasible and possible, on an official website;

(e) new or amended fees and charges shall not be imposed until information on them is published and made readily available.

Article 79. Customs Valuation

1. The Agreement on the Implementation of Article VI of GATT 1994 contained in Annex 1A to the WTO Agreement, including any subsequent amendments, shall govern the customs valuation of goods in trade between the Parties. Its provisions are hereby incorporated into, and made part of, this Agreement. Minimum customs values shall not be used.

2. The Parties shall cooperate with a view to reaching a common approach to issues relating to customs valuation.

Article 80. Customs Cooperation

The Parties shall strengthen cooperation to ensure implementation of the objectives of this Chapter, striking a reasonable balance between simplification and facilitation and effective control and security. To this end, the Parties will use, where appropriate, the EC Customs Blueprints as a benchmarking tool.

In order to ensure compliance with the provisions of this Chapter, the Parties shall inter alia:

(a) exchange information concerning customs legislation and procedures;

(b) develop joint initiatives relating to import, export and transit procedures, as well as work towards ensuring that an effective service is provided to the business community;

(c) cooperate on the automation of customs and other trade procedures;

(d) exchange, where appropriate, relevant information and data subject to respect of confidentiality of sensitive data and personal data protection;

(e) exchange information and/or enter into consultations with a view to establishing where possible, common positions in international organisations in the field of customs such as the WTO, the WCO, the UN, the United Nations Conference on Trade And Development and the United Nations Economic Commission for Europe;

(f) cooperate in the planning and delivery of technical assistance, in particular to facilitate customs and trade facilitation reforms in line with the relevant provisions of this Agreement;

(g) exchange best practices in customs operations focusing in particular on intellectual property rights enforcement, especially in relation to counterfeit products;

(4) promote coordination between all border agencies, both internally and across borders, to facilitate border-crossing processes and enhance control, taking into account joint border controls where feasible and appropriate;

(i) mutually recognise, where relevant and appropriate, authorised traders and customs controls. The scope of this cooperation, the implementation and the practical arrangements shall be decided by the Customs Sub-Committee provided for in Article 83 of this Agreement.

Article 81. Mutual Administrative Assistance In Customs Matters

Notwithstanding Article 80 of this Agreement, the administrations of the Parties shall provide mutual administrative assistance in customs matters in accordance with the provisions laid down in Protocol II to this Agreement on Mutual Administrative Assistance in Customs Matters.

Article 82. Technical Assistance and Capacity-building

The Parties shall cooperate with a view to providing technical assistance and capacity-building for the implementation of trade facilitation and customs reforms.

Article 83. Customs Sub-Committee

The Customs Sub-Committee is hereby established. It shall report on its activities to the Association Committee in its configuration under Article 465(4) of this Agreement. The function of the Customs Sub-Committee shall include regular consultations and monitoring of implementation and administration of this Chapter, including the issues of customs cooperation, cross-border customs cooperation and management, technical assistance, rules of origin, and trade facilitation, as well as mutual administrative assistance in customs matters.

The Customs Sub-Committee shall inter alia:

(a) see to the proper functioning of this Chapter and of Protocols 1 and 2 to this Agreement;

(b) decide measures and practical arrangements for implementing this Chapter and Protocols 1 and 2 to this Agreement including on exchange of information and data, mutual recognition of customs controls and trade partnership programmes, and mutually agreed benefits;

(c) exchange views on any points of common interest, including future measures and the resources for them;

(d) make recommendations where appropriate; and

(e) adopt its internal rules of procedures.

Article 84. Approximation of Customs Legislation

Gradual approximation to the EU Customs legislation as laid down in the EU and international standards shall be carried out, as set out in Annex XV to this Agreement.

Chapter 6. Establishment, Trade In Services and Electronic Commerce

Section 1. General Provisions

Article 85. Objective, Scope and Coverage

1. The Parties, reaffirming their respective rights and obligations under the WTO Agreement, hereby lay down the necessary arrangements for the progressive reciprocal liberalisation of establishment and trade in services and for cooperation on electronic commerce.

2. Government procurement is dealt with by Chapter 8 (Government Procurement) of Title IV of this Agreement and nothing in this Chapter shall be construed in such a way as to impose any obligation with respect to government procurement.

3. Subsidies are dealt with in Chapter 10 (Competition) of Title IV of this Agreement and the provisions of this Chapter shall not apply to subsidies granted by the Parties.

4. Each Party shall retain the right to regulate and to introduce new regulations to meet legitimate policy objectives, provided they are compatible with this Chapter.

5. This Chapter shall not apply to measures affecting natural persons seeking access to the employment market of a Party, nor shall it apply to measures regarding citizenship, residence or employment on a permanent basis.

Without prejudice to the provisions on movement of persons set out in Title I (Justice Freedom and Security) of this Agreement, nothing in this Chapter shall prevent a Party from applying measures to regulate the entry of natural persons into, or their temporary stay in, its territory, including those measures necessary to protect the integrity of natural persons, and to ensure their orderly movement across its borders, provided that such measures are not applied in such a manner as to nullify or impair the benefits accruing to any Party under the terms of this Chapter (1).

(1) The sole fact of requiring a visa for natural persons of certain countries and not for those of others shall not be regarded as nullifying or impairing benefits under the Agreement.

Article 86. Definitions

For the purposes of this Chapter:

1. "measure" means any measure by a Party, whether in the form of a law, regulation, rule, procedure, decision, administrative action, or any other form;

2. "measures adopted or maintained by a Party" means measures taken by:

(a) central, regional or local governments and authorities; and

(b) non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities;

3. "natural person of a Party" means a national of an EU Member State or a national of Ukraine according to the respective legis- lation;

4. "legal person" means any legal entity duly constituted or otherwise organized under applicable law, whether for profit or otherwise, and whether privately-owned or governmentally-owned, including any corporation, trust, partnership, joint venture, sole proprietorship or association;

5. "legal person of the EU Party" or "legal person of Ukraine" means:

a legal person set up in accordance with the laws of a Member State of the European Union or of Ukraine respectively, and having its registered office, central administration, or principal place of business in the territory to which the Treaty on the Functioning of the European Union applies or in the territory of Ukraine, respectively;

Should this legal person have only its registered office or central administration in the territory to which the Treaty on the Functioning of the European Union applies or in the territory of Ukraine respectively, it shall not be considered as a legal person of the EU Party or a legal person of Ukraine respectively, unless its operations possess a real and continuous link with the economy of the EU Party or of Ukraine, respectively;

6. Notwithstanding the preceding paragraph, shipping companies established outside the EU Party or Ukraine and controlled by nationals of a Member State of the European Union or of Ukraine, respectively, shall also be beneficiaries of the provisions of this Agreement, if their vessels are registered in accordance with their respective legislation, in that Member State or in Ukraine and carry the flag of a Member State or of Ukraine;

7. "subsidiary" of a legal person of a Party means a legal person which is effectively controlled by another legal person of that Party (1);

(1) A legal person is controlled by another legal person if the latter has the power to name a majority of its directors or otherwise to legally direct its actions.

8. "branch" of a legal person means a place of business not having legal personality which:

(a) has the appearance of permanency such as the extension of a parent body;

(b) has a management structure; and

(c) is materially equipped to negotiate business with third parties so that the latter, although knowing that there will if necessary be a legal link with the parent body, the head office of which is abroad, do not have to deal directly with such parent body but may transact business at the place of business constituting the extension;

9. "establishment" means:

(a) as regards legal persons of the EU Party or of Ukraine, the right to take up and pursue economic activities by means of setting up, including the acquisition of, a legal person and/or create a branch or a representative office in Ukraine or in the EU Party respectively;

(b) as regards natural persons, the right of natural persons of the EU Party or of Ukraine to take up and pursue economic activities as self-employed persons, and to set up undertakings, in particular companies, which they effectively control.

10. "investor" means any natural or legal person of a Party that seeks to perform or performs an economic activity through setting up an establishment;

11. "economic activities" includes activities of an industrial, commercial and professional character and activities of craftsmen and do not include activities performed in the exercise of governmental authority;

12. "operations" means the pursuit of economic activities;

13. "services" includes any service in any sector except services supplied in the exercise of governmental authority;

"services and other activities performed in the exercise of govern- mental authority" are services or activities which are performed neither on a commercial basis nor in competition with one or more economic operators;

14. "cross-border supply of services" means the supply of a service:

(a) from the territory of a Party into the territory of the other Party;

(b) in the territory of a Party to a service consumer of the other Party.

15. "service supplier" of a Party means any natural or legal person of a Party that seeks to supply or supplies a service, including through an establishment;

16. "key personnel" means natural persons employed within a legal person of one Party other than a non-profit organisation and who are responsible for the setting-up or the proper control, administration and operation of an establishment.

17. "Key personnel" comprise business visitors responsible for setting up an establishment and intra-corporate transfers.

(a) "Business visitors" means natural persons working in a senior position who are responsible for setting up an establishment. They do not engage in direct transactions with the general public and do not receive remuneration from a source located within the host Party;

(b) "Intra-corporate transferees" means natural persons who have been employed by a legal person of one Party or have been partners in it (other than as majority shareholders) for at least one year and who are temporarily transferred to an estab- lishment in the territory of the other Party. The natural person concerned must belong one of the following categories:

(i) Managers:

Persons working in a senior position within a legal person who primarily direct the management of the establishment, receiving general supervision or direction principally from the board of directors or stockholders of the business or their equivalent, including:

- directing the establishment or a department or sub-division thereof;

- supervising and controlling the work of other supervisory, professional or managerial employees;

- having the authority personally to recruit and dismiss personnel or recommend recruiting and dismissing personnel or take other related actions.

(ii) Specialists:

Persons working within a legal person, who possess uncommon knowledge essential to the establishment's production, research equipment, techniques or management. In assessing such knowledge, account will be taken not only of knowledge specific to the establishment, but also whether the person has a high level of qualification for a type of work or trade requiring specific technical knowledge, including membership of an accredited profession.

18. "graduate trainees" means natural persons of a Party who have been employed by a legal person of that Party for at least one year, possess a university degree and are temporarily transferred to an establishment in the territory of the other Party for career development purposes or to obtain training in business techniques or methods (1);

(1) The recipient establishment may be required to submit a training programme covering the duration of stay for prior approval, demonstrating that the purpose of the stay is for training. The competent authorities may require that the training be linked to the university degree which has been obtained.

19. "business services sellers" means natural persons who are representatives of a service supplier of one Party seeking entry into and temporary stay in the territory of the other Party for the purpose of negotiating the sale of services or entering into agreements to sell services for that service supplier. They do not engage in making direct sales to the general public and do not receive remuneration from a source located within the host Party;

20. "contractual services suppliers" means natural persons employed by a legal person of one Party which has no establishment in the territory of the other Party and which has concluded a bona fide contract (2) to supply services with a final consumer in the latter Party requiring the presence on a temporary basis of its employees in that Party in order to fulfil the contract to provide services;

(2) The service contract shall comply with the laws, regulations and legal requirements of the Party where the contract is executed.

21. "independent professionals" means natural persons engaged in the supply of a service and established as self-employed in the territory of a Party who have no establishment in the territory of the other Party and who have concluded a bona fide contract (3) to supply services with a final consumer in the latter Party requiring their presence on a temporary basis in that Party in order to fulfil the contract to provide services.

(3) The service contract shall comply with the laws, regulations and legal requirements of the Party where the contract is executed.

Section 2. Establishment

Article 87. Scope

This Section applies to measures adopted or maintained by the Parties affecting establishment (1) in respect of all economic activities with the exception of:

(a) mining, manufacturing and processing (2) of nuclear materials;

(b) production of or trade in arms, munitions and war material;

(c) audio-visual services;

(d) national maritime cabotage (3), and

(e) domestic and international air transport services (4), whether scheduled or un-scheduled and services directly related to the exercise of traffic rights, other than:

(i) aircraft repair and maintenance services during which an aircraft is withdrawn from service;

(ii) the selling and marketing of air transport services;

(iii) computer reservation system (hereinafter referred to as "CRS") services;

(iv) ground handling services;

(v) airport operation services.

(1) Investment protection, other than the treatment deriving from Article 88 (National Treatment), including investor-state dispute settlement procedure, is not covered by this Chapter.
(2) For greater certainty, processing of nuclear materials includes all the activities contained in UN ISIC Rev.3.1 code 2330.
(3) Without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, national cabotage under this chapter covers transportation of passengers or goods between a port or point located in Ukraine or a Member State of the European Union and another port or point located in Ukraine or Member State of the European Union, including on its continental shelf, as provided in the UN Convention on the Law on the Sea and traffic originating and terminating in the same port or point located in Ukraine or a Member State of the European Union.
(4) 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.

Article 88. National Treatment and Most Favourable Nation Treatment

1. Subject to reservations listed in Annex XVI-D to this Agreement, Ukraine shall grant, upon entry into force of this Agreement:

(i) as regards the establishment of subsidiaries, branches and representative offices of legal persons of the EU Party, treatment no less favourable than that accorded to its own legal persons, branches and representative offices or to any third-country legal persons, branches and representative offices, whichever is the better;

(ii) as regards the operation of subsidiaries, branches and representative offices of legal persons of the EU Party in Ukraine, once established, treatment no less favourable than that accorded to its own legal persons, branches and representative offices; or to any third- country legal persons, branches and representative offices, whichever is the better (1).

2. Subject to reservations listed in Annex XVI-A to this Agreement, the EU Party shall grant, upon entry into force of this Agreement:

(i) as regards the establishment of subsidiaries, branches and represen- tative offices of legal persons of Ukraine, treatment no less favourable than that accorded by the EU Party to its own legal persons, branches and representative offices or to any third- country legal persons, branches and representative offices, whichever is the better;

(ii) as regards the operation of subsidiaries, branches and representative offices of legal persons of Ukraine in the EU Party, once established, treatment no less favourable than that accorded to its own legal persons, branches and representative offices; or to any third- country legal persons, branches and representative offices, whichever is the better (2).

3. Subject to reservations listed in Annexes XVI-A and XVI-D to this Agreement, the Parties shall not adopt any new regulations or measures which introduce discrimination as regards the establishment of legal persons of the EU Party or of Ukraine on their territory or in respect of their operation, once established, by comparison with their own legal persons.

(1) This obligation does not extend to the investment protection provisions including provisions relating to investor state dispute settlement procedures, as found in other agreements and which are not covered by this Chapter.
(2) This obligation does not extend to the investment protection provisions not covered by this Chapter including provisions relating to investor state dispute settlement procedures, as found in other agreements.

Article 89. Review

1. With a view to progressively liberalising the establishment conditions, the Parties shall regularly review the establishment legal framework (1) and the establishment climate, consistent with their commitments under international agreements.

2. In the context of the review referred to in paragraph 1 of this Article, the Parties shall assess any obstacles to establishment that have been encountered and shall undertake negotiations to address such obstacles, with a view to deepening the provisions of this Chapter and to including investment protection provisions and investor-to-state dispute settlement procedures.

(1) This includes this Chapter and Annexes XVI-A and XVLD.

Article 90. Other Agreements

Nothing in this Chapter shall be taken to limit the rights of investors of the Parties to benefit from any more favourable treatment provided for in any existing or future international agreement relating to investment to which a Member State of the European Union and Ukraine are parties.

Article 91. Standard of Treatment for Branches and Representative Offices

1. The provisions of Article 88 of this Agreement do not preclude the application by a Party of particular rules concerning the establishment and operation in its territory of branches and representative offices of legal persons of the other Party not incorporated in the territory of the first Party, which are justified by legal or technical differences between such branches and representative offices as compared to branches and representative offices of companies incorporated in its territory or, as regards financial services, for prudential reasons.

2. The difference in treatment shall not go beyond what is strictly necessary as a result of such legal or technical differences or, as regards financial services, for prudential reasons.

Section 3. Cross-Border Supply of Services

Article 92. Scope

This Section applies to measures of the Parties affecting the cross border supply of all services sectors with the exception of

(a) audio-visual services (1);

(b) national maritime cabotage (2); and

(c) domestic and international air transport services (3), whether scheduled or unscheduled, and services directly related to the exercise of traffic rights other than:

(i) aircraft repair and maintenance services during which an aircraft is withdrawn from service;

  • 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