EU - Ukraine Association Agreement (2014)
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(d) joint research and development activities aimed at encouraging scientific progress and the transfer of technology and know-how;

(e) training through mobility programmes for researchers and specialists;

(f) the organisation of joint scientific and technological development events/measures;

(g) implementation measures aimed at the development of an environment conducive to research and the application of new technologies and adequate protection of the intellectual property results of research;

(h) enhancement of cooperation at regional and international level, notably in the Black Sea context, and within multilateral organisations such as the United Nations Educational, Scientific and Cultural Organisation (UNESCO), the Organisation for Economic Cooperation and Development (OECD) and the Group of 8 (G8), as well as in the context of multilateral agreements such as the UN Framework Convention on Climate Change (UNFCCC) of 1992;

(i) exchange of expertise on management of research and science institutions in order to develop and improve their capacities of conducting and participating in scientific researches.

Article 377.

A regular dialogue will take place on the issues covered by Chapter 9 of Title V (Economic and Sector Co-operation) of this Agreement.

Chapter 10. Industrial and Enterprise Policy

Article 378.

The Parties shall develop and strengthen their cooperation on industrial and enterprise policy, thereby improving the business environment for all economic operators, but with particular emphasis on Small and Medium Sized Enterprises (SMEs). Enhanced cooperation should improve the administrative and regulatory framework for both Ukrainian and EU businesses operating in Ukraine and in the EU, and should be based on the EU's SME and industrial policies, taking into account internationally recognised principles and practices in this field.

Article 379.

In order to achieve the objectives set out in Article 378 of this Agreement, the Parties shall cooperate in order to:

(a) implement strategies for SME development, based on the principles of the European Charter for Small Enterprises, and monitor the implementation process through annual reporting and dialogue. This cooperation will also include a focus on micro- and craft enterprises, which are extremely important for both the EU and Ukrainian economies;

(b) create better framework conditions, via the exchange of information and good practice, contributing to greater competitiveness. This cooperation will include the management of structural changes (restructuring) and environmental and energy issues, such as energy efficiency and cleaner production;

(c) simplify and rationalise regulations and regulatory practice, with specific focus on exchange of good practice as regards regulatory techniques, including the EU's principles;

(d) encourage the development of innovation policy, via the exchange of information and good practice regarding the commercialisation of research and development (including support instruments for technology-based business start-ups), cluster development and access to finance;

(e) encourage more contacts between EU and Ukrainian businesses and between these businesses and the authorities in Ukraine and in the EU;

(f) support the establishment of export promotion activities in Ukraine;

(g) facilitate the modernisation and restructuring of both Ukrainian and EU industry in certain sectors.

Article 380.

A regular dialogue will take place on the issues covered by Chapter 10 of Title V (Economic and Sector Co-operation) of this Agreement. This will involve representatives of EU and Ukrainian businesses.

Chapter 11. Mining and Metals

Article 381.

The Parties shall develop and strengthen their cooperation in relation to the mining and metals industries, with a view to promoting mutual understanding, improvement of the business environment, information exchange and cooperation on non-energy issues, relating in particular to the mining of metallic ores and industrial minerals. This cooperation is without prejudice to the provisions regarding to coal as referred to in Article 339 of this Agreement.

Article 382.

In order to achieve the objectives set out in Article 381 of this Agreement, the Parties shall cooperate in order to:

(a) exchange information on the basic situations of their mining and metals industries;

(b) exchange information on the outlook for the EU and Ukrainian mining and metals industries in terms of consumption, production and market forecast;

(c) exchange information on measures taken by the Parties in order to facilitate the restructuring process in these sectors;

(d) exchange information and best practices in relation to the sustainable development of the mining and metals industries in Ukraine and in the EU.

Chapter 12. Financial Services

Article 383.

Recognising that an effective set of rules and practices in the area of financial services is needed to establish a fully-functioning market economy and in order to foster trade exchanges among the Parties, the Parties agree to cooperate in the area of financial services with a view to:

(a) supporting the process of adapting financial services regulation to the needs of an open market economy;

(b) ensuring effective and adequate protection of investors and other consumers of financial services;

(c) ensuring the stability and integrity of the global financial system;

(d) promoting cooperation between different actors of the financial system, including regulators and supervisors;

(e) ensuring independent and effective supervision.

Article 384.

1. The Parties shall encourage cooperation between relevant regu- latory and supervisory authorities, including information exchange, sharing of expertise on financial markets and other such measures.

2. Special attention shall be paid to the development of the admin- istrative capacity of such authorities, inter alia through personnel exchanges and joint training.

Article 385.

The Parties shall promote gradual approximation to recognised inter-national standards on regulation and supervision in the area of financial services. Relevant parts of the EU acquis in the area of financial services are covered in Chapter 6 (Establishment, Trade in Services, and Electronic Commerce) of Title IV (Trade and Trade-related Matters) of this Agreement.

Article 386.

A regular dialogue will take place on the issues covered by Chapter 12 of Title V (Economic and Sector Co-operation) of this Agreement.

Chapter 13. Company Law, Corporate Governance, Accounting and Auditing

Article 387.

1. Recognising the importance of an effective set of rules and practices in the areas of company law and corporate governance, as well as in accounting and auditing, for creating a fully-functioning market economy and for fostering trade, the Parties agree to cooperate:

(a) on the protection of shareholders, creditors and other stakeholders in line with EU rules in this area, as listed in Annex XXXIV to this Agreement;

(b) on the introduction of relevant international standards at national level and gradual approximation to EU law in the field of accounting and auditing, as listed in Annex XXXV to this Agreement;

(c) on further development of corporate governance policy in line with international standards, as well as gradual approximation to the EU rules and recommendations in this area, as listed in Annex XXXVI to this Agreement.

2. The Parties will aim at sharing information and expertise on both existing systems and relevant new developments in these areas. In addition, the Parties will seek to improve information exchange between the national register of Ukraine and business registers of EU Member States.

Article 388.

A regular dialogue will take place on the issues covered by Chapter 13 of Title V (Economic and Sector Co-operation) of this Agreement.

Chapter 14. Information Society

Article 389.

The Parties shall step up cooperation on the development of the Information Society to benefit citizens and businesses through the wide- spread availability of Information and Communication Technology (ICT) and through better quality of services at affordable prices. This cooperation will also facilitate the access to the markets for electronic communication services, encouraging competition and investment in the sector.

Article 390.

Cooperation shall aim at implementing national Information Society strategies, developing of a comprehensive regulatory framework for electronic communications, and increasing Ukraine's participation in the ICT research activities of the EU.

Article 391.

Cooperation shall cover the following subjects:

(a) promotion of broadband access, improvement of network security and more widespread use of ICT by citizens, business and administrations by developing local content for the Internet and introducing online services, in particular e-business, e-government, e-health and e-learning;

(b) coordination of electronic communication policies with a view to making optimal use of the radio spectrum and interoperability of networks in Ukraine and the EU;

(c) strengthening of the independence and administrative capacity of the national regulator in the field of communications in order to ensure its ability to take appropriate regulatory measures and enforce its own decisions and all applicable regulations, and to guarantee fair competition in the markets. The national regulator in the field of communications should cooperate with the competition authority on the monitoring of these markets;

(d) promotion of joint projects for research in the field of information and communications technology in the next EU Framework Programme for Research and Innovation Horizon 2020.

Article 392.

The Parties shall exchange information, best practices and experience, undertake joint actions with the aim of developing a comprehensive regulatory framework and ensure efficient functioning of, and undistorted competition in, the electronic communications markets.

Article 393.

The Parties shall promote cooperation between Ukraine's national regulator in the field of communications and the national regulators of the EU.

Article 394.

1. The Parties shall promote gradual approximation to the EU law and regulatory framework in the sphere of information society and electronic communication.

2. Relevant provisions as well as the EU acquis concerning information society and electronic communication are covered in Appendix XVII-3 (Rules applicable to telecommunication services) to Chapter 6 (Establishment, Trade in Services, and Electronic Commerce) of Title IV (Trade and Trade-related Matters) of this Agreement.

Article 395.

A regular dialogue will take place on the issues covered by Chapter 14 of Title V (Economic and Sector Co-operation) of this Agreement.

Chapter 15. Audio-Visual Policy

Article 396.

1. The Parties shall cooperate to promote the audiovisual industry in Europe and encourage co-production in the fields of cinema and television.

2. Cooperation could include, inter alia, the training of journalists and other professionals from both the printed and electronic media, as well as support to the media (public and private), so as to reinforce their independence, professionalism and links with other European media in compliance with European standards, including standards of the Council of Europe.

Article 397.

Gradual approximation to the EU law and regulatory framework and international instruments in the area of audio-visual policy shall be carried out in particular as set out in Annex XXXVII to this Agreement.

Article 398.

A regular dialogue will take place on the issues covered by Chapter 15 of TITLE V (Economic and Sector Co-operation) of this Agreement.

Chapter 16. Tourism

Article 399.

The Parties shall cooperate in the field of tourism with the aim of developing a more competitive tourism industry, as a generator of economic growth and empowerment, employment and foreign exchange.

Article 400.

1. Cooperation at bilateral, regional and European levels would be based on the following principles:

(a) respect for the integrity and interests of local communities, partic- ularly in rural areas;

(b) the importance of cultural heritage;

(c) positive interaction between tourism and environmental preser- vation.

2. Relevant provisions concerning tour operators are contained in Chapter 6 (Establishment, Trade in Services, and Electronic commerce) of Title TV (Trade and Trade-related Matters) of this Agreement. Relevant provisions concerning movement of persons are covered by Article 19 of this Agreement.

Article 401. Cooperation Shall Focus on the Following Aspects:

(a) exchange of information, best practices, experience and "know- how” transfer, including on innovative technologies;

(b) establishment of a strategic partnership between public, private and community interests in order to ensure the sustainable development of tourism;

(c) promotion and development of tourism products and markets, infra- structure, human resources and institutional structures;

(d) development and implementation of efficient policies and strategies, including appropriate legal, administrative and financial aspects;

(e) tourism training and capacity building designed to improve service standards;

(f) development and promotion of community-based tourism.

Article 402.

A regular dialogue will take place on the issues covered by Chapter 16 of Title V (Economic and Sector Co-operation) of this Agreement.

Chapter 17. Agriculture and Rural Development

Article 403.

The Parties shall cooperate to promote agricultural and rural development, in particular through gradual approximation of policies and legislation.

Article 404.

Cooperation between the Parties in the field of agriculture and rural development shall cover, inter alia, the following areas:

(a) facilitating mutual understanding of agricultural and rural develop- ment policies;

(b) enhancing administrative capacities at central and local levels for the planning, evaluation and implementation of policies;

(c) promoting modern and sustainable agricultural production, respectful of the environment and of animal welfare, including extension of the use of organic production methods and the use of biotechnologies, inter alia through the implementation of best practices in those fields;

(d) sharing knowledge and best practices of rural development policies to promote economic well-being for rural communities;

(e) improving the competitiveness of the agricultural sector and the efficiency and transparency of the markets as well as conditions for investment;

(f) disseminating knowledge through training and information events;

(g) favouring innovation through research and promoting extension services to agricultural producers;

(h) enhancing harmonisation of issues addressed within the framework of international organisations;

(i) exchanging best practices on support mechanisms for agricultural policies and rural areas;

(j) promoting the policy of quality of agricultural products in the areas of product standards, production requirements and quality schemes.

Article 405.

In pursuing the above cooperation, without prejudice to Title IV (Trade and Trade-related Matters) of this Agreement, the Parties shall support gradual approximation to the relevant EU law and regulatory standards, in particular those as listed in Annex XXXVIII to this Agreement.

Article 406.

A regular dialogue will take place on the issues covered by Chapter 17 of Title V (Economic and Sector Co-operation) of this Agreement.

Chapter 18. Fisheries and Maritime Policies

Section 1. Fisheries Policy

Article 407.

1. The Parties shall cooperate on mutually beneficial matters of common interest in the fisheries sector, including conservation and management of living aquatic resources, inspection and control, data collection, and the fight against illegal, unreported and unregulated fishing.

2. Such cooperation will respect their international obligations concerning management and conservation of living aquatic resources.

Article 408.

The Parties shall take joint actions, exchange information and provide support to each other in order to promote:

(a) good governance and best practices in fisheries management with a view to ensuring conservation and management of fish stocks in a sustainable manner, and based on the ecosystem approach;

(b) responsible fishing and fisheries management consistent with the principles of sustainable development, so as to conserve fish stocks and ecosystems in a healthy state;

(c) cooperation through Regional Fisheries Management Organisations (RFMOs).

Article 409.

With reference to Article 408 of this Agreement, and taking into account the best scientific advice, the Parties shall step up the cooperation and co-ordination of their activities in the field of management and conservation of living aquatic resources in the Black Sea. The Parties will promote wider international cooperation in the Black Sea with the aim of developing relations within an appropriate RFMO.

Article 410.

The Parties will support initiatives, such as mutual exchange of experience and providing support, designed to ensure the implementation of a sustainable fisheries policy based on priority areas in the EU acquis in this field, including:

(a) management of living aquatic resources, fishing effort and technical measures;

(b) inspection and control of fishing activities, using the necessary surveillance equipment, including a vessel monitoring system, as well as development of corresponding administrative and judicial structures capable of applying appropriate measures;

(c) harmonised collection of catch, landing, fleet, biological and economic data;

(d) management of fishing capacity, including a functioning fishing fleet register;

(e) improving the efficiency of the markets, in particular by promoting producer organisations, providing information to consumers, and through marketing standards and traceability,

(f) development of a structural policy for the fisheries sector, paying particular attention to the sustainable development of coastal communities.

Section 2. Maritime Policy

Article 411.

Taking into account their cooperation in the spheres of fisheries, transport, environment and other sea-related policies, the Parties shall also develop cooperation on an integrated maritime policy, in particular:

(a) promoting an integrated approach to maritime affairs, good govemance and exchange of best practices in the use of the marine space;

(b) establishing a framework for arbitrating between competing human activities and managing their impact on the marine environment by promoting maritime spatial planning as a tool contributing to improved decision-making;

(c) promoting sustainable development of coastal regions and maritime industries as a generator of economic growth and employment, including through the exchange of best practices;

(d) promoting strategic alliances between maritime industries, services and scientific institutions specialising in marine and maritime research, including the building of cross-sectoral maritime clusters;

(e) endeavouring to improve maritime safety and security measures and to enhance cross-border and cross-sectoral maritime surveillance in order to address the increasing risks related to intensive maritime traffic, operational discharges of vessels, maritime accidents and illegal activities at sea building upon the experience of the Coord- ination and Information Centre in Bourgas;

(f) establishing a regular dialogue and promoting different networks between maritime stakeholders.

Article 412.

  • 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