EU - Moldova, Republic of Association Agreement (2014)
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3. The Republic of Moldova shall inform the Union when it considers that it has completed the approximation provided for in any of the Chapters referred to in paragraph 1.

Article 408. Repeal of Inconsistent Domestic Law

As part of the approximation, the Republic of Moldova shall withdraw provisions of its domestic law or abolish domestic practices that are inconsistent with Union law or with its domestic law approximated to the Union law in the trade-related areas of Title V (Trade and Trade-related Matters) of this Agreement.

Article 409. Assessment of Approximation In Trade-related Areas

1. The assessment of approximation by the Union referred to in Title V (Trade and Trade-related Matters) of this Agreement shall start after the Republic of Moldova has informed the Union pursuant to Article 407(3) of this Agreement, unless otherwise provided for in Chapters 4 and 8 of Title V (Trade and Trade-related Matters) of this Agreement.

2. The Union shall assess whether the legislation of the Republic of Moldova has been approximated to Union law and whether it is implemented and enforced effectively. The Republic of Moldova shall provide the Union with all necessary information to enable such assessment, in a language to be mutually agreed.

3. The assessment by the Union pursuant to paragraph 2 shall take into account the existence and operation of relevant infrastructure, bodies and procedures in the Republic of Moldova necessary for the effective implementation and enforcement of the legislation of the Republic of Moldova.

4. The assessment by the Union pursuant to paragraph 2 shall take account of the existence of any domestic provisions or practices that are inconsistent with Union law or with the domestic law approximated to the Union law in the trade-related areas of Title V (Trade and Trade-related Matters) of this Agreement.

5. The Union shall inform the Republic of Moldova within 12 months from the start of the assessment referred to in paragraph 1 about the results of its assessment, unless otherwise provided. The Parties shall discuss the assessment in the Association Committee in Trade configuration, as set out in Article 438(4) of this Agreement, or its relevant Sub- Committees, in accordance with Article 452 of this Agreement, unless otherwise provided.

Article 410. Developments Relevant to Approximation

1. The Republic of Moldova shall ensure the effective implementation of the approximated domestic law and under- take any action necessary to reflect the developments in Union law in its domestic law in the trade-related areas of Title V (Trade and Trade-related Matters) of this Agreement.

2. The Republic of Moldova shall refrain from any action that would undermine the objective or the outcome of approximation under Title V (Trade and Trade-related Matters) of this Agreement.

3. The Union shall inform the Republic of Moldova about any final European Commission proposals to adopt or amend Union law relevant to approximation obligations incumbent on the Republic of Moldova under Title V (Trade and Trade-related Matters) of this Agreement.

4. The Republic of Moldova shall inform the Union of legislative proposals and measures, including domestic practices, which may affect the fulfilment of its obligations under Title V (Trade and Trade-related Matters) of this Agreement.

5. Upon request, the Parties shall discuss the impact of any proposals or actions referred to in paragraphs 3 and 4 of this Article on the legislation of the Republic of Moldova or on the compliance with the obligations under Title V (Trade and Trade-related Matters) of this Agreement.

6. If, after an assessment has been made under Article 409 of this Agreement, the Republic of Moldova modifies its domestic law to take account of changes in Chapters 3, 4, 5, 6, 8 and 10 of Title V (Trade and Trade-related Matters) of this Agreement, a new assessment by the Union shall be conducted pursuant to Article 409 of this Agreement. If the Republic of Moldova takes any other action that could have an effect on the implementation and enforcement of the approximated domestic law, a new assessment by the Union may be conducted pursuant to Article 409 of this Agreement.

7. If the circumstances so require, particular benefits, accorded by the Union on the basis of an assessment that the legislation of the Republic of Moldova has been approximated to Union law and implemented and enforced effectively, may be temporarily suspended in accordance with paragraph 8, if the Republic of Moldova does not approximate its domestic law to take account of changes to Title V (Trade and Trade-related Matters) of this Agreement, if the assessment referred to in paragraph 6 shows that the legislation of the Republic of Moldova is no longer approximated to the Union law, or if the Association Council established by Article 434 of this Agreement fails to take a decision to update Title V (Trade and Trade-related Matters) of this Agreement in accordance with developments in Union law.

8. If the Union intends to implement any such suspension, it shall promptly notify the Republic of Moldova. The Republic of Moldova may refer the matter to the Association Committee in Trade configuration, as set out in Article 438(4) of this Agreement, within one month from the notification, providing a statement of reasons in writing. The Association Committee in Trade configuration shall discuss the matter within three months from the referral. If the matter is not referred to the Association Committee in Trade configuration, or if it cannot be resolved by that Committee within three months from the referral, the Union may implement the suspension of benefits. The suspension shall be promptly lifted, if the Association Committee in Trade configuration subsequently resolves the matter.

Article 411. Exchange of Information

The exchange of information in relation to approximation under Title V (Trade and Trade-related Matters) shall take place through the contact points established in Article 358(1) of this Agreement.

Article 412. General Provision

1. The Association Committee in Trade configuration, as set out in Article 438(4) of this Agreement, shall adopt pro- cedures to facilitate the assessment of the approximation and to ensure the effective exchange of information pertaining to approximation, including the form, content and language of the exchanged information.

2. Any reference to a specific Union act in Title V (Trade and Trade-related Matters) of this Agreement covers amend- ments, supplements and replacement measures published in the Official Journal of the European Union before 29 November 2013.

3. The provisions in Chapters 3, 4, 5, 6, 8 and 10 of Title V (Trade and Trade-related Matters) of this Agreement shall prevail over the provisions set out in this Chapter to the extent that there is a conflict.

4. Claims of a violation of the provisions of this Chapter shall not be pursued under Chapter 14 (Dispute Settlement) of Title V (Trade and Trade-related Matters) of this Agreement.

Title VI. FINANCIAL ASSISTANCE, AND ANTI-FRAUD AND CONTROL PROVISIONS

Chapter 1. Financial Assistance

Article 413.

The Republic of Moldova shall benefit from financial assistance through the relevant EU funding mechanisms and instru- ments. The Republic of Moldova may also benefit from loans by the European Investment Bank (EIB), the European Bank for Reconstruction and Development (EBRD) and other international financial institutions. The financial assistance will contribute to achieving the objectives of this Agreement and will be provided in accordance with this Chapter.

Article 414.

The main principles of financial assistance shall be set out in the relevant Regulations on EU Financial Instruments.

Article 415.

The priority areas of the EU financial assistance agreed by the Parties shall be laid down in annual action programmes based on multi-annual frameworks which reflect agreed policy priorities. The amounts of assistance established in those programmes shall take into account the Republic of Moldova's needs, sector capacities and progress with reforms, parti- cularly in areas covered by this Agreement.

Article 416.

In order to permit optimum use of the resources available, the Parties shall endeavour to ensure that EU assistance is implemented in close cooperation and coordination with other donor countries, donor organisations and international financial institutions, and in line with international principles of aid effectiveness.

Article 417.

The fundamental legal, administrative and technical basis of financial assistance shall be established within the framework of relevant agreements between the Parties.

Article 418.

The Association Council shall be informed of the progress and implementation of financial assistance and its impact upon pursuing the objectives of this Agreement. To that end, the relevant bodies of the Parties shall provide appropriate monitoring and evaluation information on a mutual and permanent basis.

Article 419.

The Parties shall implement assistance in accordance with the principles of sound financial management and cooperate in the protection of the financial interests of the EU and of the Republic of Moldova in accordance with Chapter 2 (Anti-Fraud and Control Provisions) of this Title.

Chapter 2. Anti-fraud and Control Provisions

Article 420. Definitions

For the purposes of this Chapter, the definitions set out in Protocol IV of this Agreement shall apply.

Article 421. Scope

This Chapter shall be applicable to any further agreement or financing instrument to be concluded between the Parties, and any other EU financing instrument to which the Republic of Moldova may be associated, without prejudice to any other additional clauses covering audits, on-the-spot checks, inspections, controls, and anti-fraud measures, including those conducted by the European Anti-Fraud Office (OLAF) and the European Court of Auditors (ECA).

Article 422. Measures to Prevent and Fight Fraud, Corruption and Any other Illegal Activities

The Parties shall take effective measures to prevent and fight fraud, corruption and any other illegal activities, inter alia, by means of mutual administrative assistance and mutual legal assistance in the fields covered by this Agreement.

Article 423. Exchange of Information and Further Cooperation at Operational Level

1. For the purposes of proper implementation of this Chapter, the competent EU authorities and the competent authorities of the Republic of Moldova shall regularly exchange information and, at the request of one of the Parties, conduct consultations.

2. OLAF may agree with its counterparts of the Republic of Moldova on further cooperation in the field of anti-fraud, including operational arrangements with the authorities of the Republic of Moldova.

3. For the transfer and processing of personal data, Article 13 of Title III (Freedom, Security and Justice) of this Agreement shall apply.

Article 424. Prevention of Irregularities, Fraud and Corruption

1. The authorities of the Republic of Moldova shall check regularly that the operations financed with EU funds have been properly implemented. They shall take any appropriate measure to prevent and remedy irregularities and fraud.

2. The authorities of the Republic of Moldova shall take any appropriate measure to prevent and remedy any active or passive corruption practices and exclude conflict of interest at any stage of the procedures related to the implementation of EU funds.

3. The authorities of the Republic of Moldova shall inform the European Commission of any prevention measure taken.

4. The European Commission shall be entitled to obtain evidence in accordance with Article 56 of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the Euro-pean Communities.

5. The European Commission shall also be entitled to obtain evidence that procedures on procurement and grants satisfy the principles of transparency, equal treatment and non-discrimination, prevent any conflict of interest, offer guarantees equivalent to internationally accepted standards and ensure compliance with the provisions of sound financial management.

6. To that end, the competent authorities of the Republic of Moldova shall provide the European Commission with any information related to the implementation of EU funds and shall inform it without delay of any substantial change in their procedures or systems.

Article 425. Investigation and Prosecution

The authorities of the Republic of Moldova shall ensure investigation and prosecution of suspected and actual cases of fraud, corruption or any other irregularity, including conflict of interest, following national or EU controls. Where appropriate, OLAF may assist the competent authorities of the Republic of Moldova in that task.

Article 426. Communication of Fraud, Corruption and Irregularities

1. The authorities of the Republic of Moldova shall transmit to the European Commission without delay any information which has come to their notice on suspected or actual cases of fraud, corruption or any other irregularity, including conflict of interest, in connection with the implementation of EU funds. In case of suspicion of fraud or corruption, OLAF shall also be informed.

2. The authorities of the Republic of Moldova shall also report on all measures taken in connection with facts communicated under this Article. Should there be no suspected or actual cases of fraud, corruption, or any other irregularity to report, the authorities of the Republic of Moldova shall inform the European Commission following the end of each calendar year.

Article 427. Audits

1. The European Commission and the ECA are entitled to examine whether all expenditure related to the implementation of EU funds has been incurred in a lawful and regular manner and whether the financial management has been sound.

2. Audits shall be carried out on the basis both of commitments undertaken and payments made. They shall be based on records and, if necessary, performed on-the-spot on the premises of any entity which manages or takes part in the implementation of EU funds. The audits may be carried out before the closure of the accounts for the financial year in question and for a period of five years from the date of payment of the balance.

3. European Commission inspectors or other persons mandated by the European Commission or the ECA may conduct documentary or on-the-spot checks and audits on the premises of any entity which manages or takes part in the implementation of EU funds and of their subcontractors in the Republic of Moldova.

4. The European Commission or other persons mandated by the European Commission or the ECA shall have appropriate access to sites, works and documents and to all the information required in order to carry out such audits, including in electronic form. That right of access should be communicated to all public institutions of the Republic of Moldova and shall be stated explicitly in the contracts concluded to implement the instruments referred to in this Agreement.

5. The checks and audits referred to in this Article are applicable to all contractors and subcontractors who have received EU funds directly or indirectly. In the performance of their tasks, the ECA and the audit bodies of the Republic of Moldova shall cooperate in a spirit of trust while maintaining their independence.

Article 428. On-the-spot Checks

1. Within the framework of this Agreement, OLAF shall be authorised to carry out on-the-spot checks and inspections in order to protect the EU's financial interests against fraud and other irregularities in accordance with the provisions of Council Regulation (EC, Euratom) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities.

2. On-the-spot checks and inspections shall be prepared and conducted by OLAF in close cooperation with the competent authorities of the Republic of Moldova.

3. The authorities of the Republic of Moldova shall be notified in good time of the object, purpose and legal basis of the checks and inspections, so that they can provide all the requisite help. To that end, the officials of the competent authorities of the Republic of Moldova may participate in the on-the-spot checks and inspections.

4. If the authorities of the Republic of Moldova concerned express their interest, the on-the-spot checks and inspections may be carried out jointly by OLAF and them.

5. Where an economic operator resists an on-the-spot check or inspection, the authorities of the Republic of Moldova shall give OLAF the assistance it needs to allow it to discharge its duty in carrying out an on-the-spot check or inspection.

Article 429. Administrative Measures and Penalties

Administrative measures and penalties may be imposed by the European Commission in accordance with Regulations (EC, Euratom) No 1605/2002 and (EC, Euratom) No 2342/2002 of 23 December 2002 and with Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests.

Article 430. Recovery

1. The authorities of the Republic of Moldova shall take any appropriate measure to recover EU funds unduly paid.

2. Where the authorities of the Republic of Moldova are entrusted with the implementation of EU funds the European Commission is entitled to recover EU funds unduly paid, in particular through financial corrections. The European Commission shall take into account the measures taken by the authorities of the Republic of Moldova to prevent the loss of the EU funds concerned.

3. The European Commission shall consult with the Republic of Moldova on the matter before taking any decision on recovery. Disputes on recovery will be discussed in the Association Council.

4. Where the European Commission implements EU funds directly or indirectly by entrusting budget implementation tasks to third parties, a decision taken by the European Commission within the scope of this Title of this Agreement which imposes a pecuniary obligation on persons other than States, shall be enforceable in the Republic of Moldova in accordance with the following principles:

(a) enforcement shall be governed by the rules of civil procedure in force in the Republic of Moldova. The order for the enforcement of the decision shall be appended to it, without any formality other than verification of the authenticity of the decision, by the national authority which the government of the Republic of Moldova shall designate for that purpose and shall make known to the European Commission and to the Court of Justice of the European Union;

(b) when the formalities referred to in point (a) have been completed on application by the Party concerned, the latter may proceed to enforcement in accordance with the legislation of the Republic of Moldova, by bringing the matter directly before the competent authority;

(c) enforcement may be suspended only by a decision of the Court of Justice of the European Union. However, the courts of the Republic of Moldova concerned shall have jurisdiction over complaints that enforcement is being carried out in an irregular manner.

5. The enforcement order shall be issued, without any further control other than verification of the authenticity of the act, by the authorities designated by the government of the Republic of Moldova. Enforcement shall take place in accordance with the rules of procedure of the Republic of Moldova. The legality of the enforcement decision shall be subject to control by the Court of Justice of the European Union.

6. Judgments given by the Court of Justice of the European Union pursuant to an arbitration clause in a contract within the scope of this Chapter shall be enforceable on the same terms.

Article 431. Confidentiality

Information communicated or acquired in any form under this Chapter shall be covered by professional secrecy and protected in the same way as similar information is protected by the law of the Republic of Moldova and by the corre- sponding provisions applicable to the EU institutions. Such information may not be communicated to persons, other than those in the EU institutions, in the Member States or in the Republic of Moldova, whose functions require them to know it, nor may it be used for purposes other than to ensure effective protection of the Parties' financial interests.

Article 432.

The Republic of Moldova shall carry out approximation of its legislation to the EU acts and international instruments referred to in Annex XXXV to this Agreement according to the provisions of that Annex.

Title VII. INSTITUTIONAL, GENERAL AND FINAL PROVISIONS

Chapter 1. Institutional Framework

Article 433.

Political and policy dialogue, including on issues related to sectoral cooperation between the Parties, may take place at any level. Periodic high-level policy dialogue shall take place within the Association Council established by Article 434 of this Agreement and within the framework of regular meetings between representatives of the Parties at ministerial level by mutual agreement.

Article 434.

1. An Association Council is hereby established. It shall supervise and monitor the application and implementation of this Agreement and periodically review the functioning of this Agreement in the light of its objectives.

2. The Association Council shall meet at ministerial level and at regular intervals, at least once a year, and when circumstances require. The Association Council may meet in any configuration, by mutual agreement.

3. In addition to supervising and monitoring the application and implementation of this Agreement, the Association Council shall examine any major issues arising within the framework of this Agreement, and any other bilateral or inter- national issues of mutual interest.

Article 435.

1. The Association Council shall consist of members of the Council of the European Union and members of the Euro- pean Commission, on the one hand, and of members of the Government of the Republic of Moldova, on the other.

2. The Association Council shall establish its own rules of procedure.

3. The Association Council shall be chaired in turn by a representative of the Union and a representative of the Republic of Moldova.

4. Where appropriate, and by mutual agreement, representatives of other bodies may take part as observers in the work of the Association Council.

Article 436.

1. For the purpose of attaining the objectives of this Agreement, the Association Council shall have the power to take decisions within the scope of this Agreement. Such decisions shall be binding upon the Parties, which shall take appropriate measures, including, if necessary, action of bodies established under this Agreement, to implement the decisions taken. The Association Council may also make recommendations. It shall adopt its decisions and recommendations by agreement between the Parties following completion of the respective internal procedures.

2. In line with the objective of gradual approximation of the legislation of the Republic of Moldova to that of the Union, as laid down in this Agreement, the Association Council will be a forum for exchange of information on the legislation of the EU and of the Republic of Moldova, both under preparation and in force, and on implementation, enforcement and compliance measures.

3. In accordance with paragraph 1 of this Article, the Association Council shall have the power to update or amend the Annexes to this Agreement without prejudice to any specific provisions under Title V (Trade and Trade-related Matters) of this Agreement.

Article 437.

1. An Association Committee is hereby established. It shall assist the Association Council in the performance of its duties.

2. The Association Committee shall be composed of representatives of the Parties, in principle, at senior civil servant level.

3. The Association Committee shall be chaired in turn by a representative of the Union and a representative of the Republic of Moldova.

Article 438.

1. The Association Council shall determine in its rules of procedure the duties and functioning of the Association Committee, whose responsibilities shall include the preparation of meetings of the Association Council. The Association Committee shall meet at least once a year.

2. The Association Council may delegate to the Association Committee any of its powers, including the power to take binding decisions.

3. The Association Committee shall have the power to adopt decisions in the cases provided for in this Agreement and in areas in which the Association Council has delegated powers to it. Those decisions shall be binding upon the Parties, which shall take appropriate measures to implement them. The Association Committee shall adopt its decisions by agreement between the Parties.

4. The Association Committee shall meet in a specific configuration to address all issues related to Title V (Trade and Trade-related Matters) of this Agreement. The Association Committee shall meet in that configuration at least once a year.

Article 439.

1. The Association Committee shall be assisted by sub-committees established under this Agreement.

2. The Association Council may decide to set up any special committee or body in specific areas necessary for the implementation of this Agreement, and shall determine the composition, duties and functioning of such special committees or bodies. In addition, such special committees or bodies may hold discussions on any matter that they consider relevant without prejudice to any of the specific provisions of Title V (Trade and Trade-related Matters) of this Agreement.

3. The Association Committee may also create sub-committees, including to take stock of progress achieved in the regular dialogues referred to in this Agreement.

4. The sub-committees shall have the powers to take decisions in the cases provided for in this Agreement. They shall report on their activities to the Association Committee regularly, as required.

5. The sub-committees established under Title V (Trade and Trade-related Matters) of this Agreement shall inform the Association Committee in Trade configuration, as set out in Article 438(4) of this Agreement, of the date and agenda of their meetings sufficiently in advance of their meetings. They shall report on their activities at each regular meeting of the Association Committee in Trade configuration, as set out in Article 438 (4) of this Agreement.

6. The existence of any of the sub-committees shall not prevent either Party from bringing any matter directly to the Association Committee, including in Trade configuration, as set out in Article 438(4) of this Agreement.

Article 440.

1. A Parliamentary Association Committee is hereby established. It shall consist of Members of the European Parliament, on the one hand, and of Members of the Parliament of the Republic of Moldova, on the other, and shall be a forum for them to meet and exchange views. It shall meet at intervals which it shall itself determine.

2. The Parliamentary Association Committee shall establish its own rules of procedure.

3. The Parliamentary Association Committee shall be chaired in turn by a representative of the European Parliament and a representative of the Parliament of the Republic of Moldova respectively, in accordance with the provisions to be laid down in its rules of procedure.

Article 441.

1. The Parliamentary Association Committee may request relevant information regarding the implementation of this Agreement from the Association Council, which shall then supply the Parliamentary Association Committee with the requested information.

2. The Parliamentary Association Committee shall be informed of the decisions and recommendations of the Associ- ation Council.

3. The Parliamentary Association Committee may make recommendations to the Association Council.

4. The Parliamentary Association Committee may create Parliamentary Association sub-committees.

Article 442.

1. The Parties shall also promote regular meetings of representatives of their civil societies, in order to keep them informed of, and gather their input for, the implementation of this Agreement.

2. A Civil Society Platform is hereby established. It shall consist of representatives of civil society, on the side of the EU, including Members of the European Economic and Social Committee, and representatives of civil society on the side of the Republic of Moldova, and shall be a forum for them to meet and exchange views. It shall meet at intervals which it shall itself determine.

3. The Civil Society Platform shall establish its own rules of procedure.

4. The Civil Society Platform shall be chaired in turn by a representative of the European Economic and Social Committee and representatives of civil society on the side of the Republic of Moldova respectively, in accordance with the provisions to be laid down in its rules of procedure.

Article 443.

1.   The Civil Society Platform shall be informed of the decisions and recommendations of the Association Council.

2.   The Civil Society Platform may make recommendations to the Association Council.

3. The Association Committee and Parliamentary Association Committee shall organise regular contacts with representatives of the Civil Society Platform in order to obtain their views on the attainment of the objectives of this Agreement.

Chapter 2. General and Final Provisions

Article 444. Access to Courts and Administrative Organs

Within the scope of this Agreement, each Party undertakes to ensure that natural and legal persons of the other Party have access, that is free of discrimination in relation to its own nationals, to its competent courts and administrative organs in order to defend their individual and property rights.

Article 445. Access to Official Documents

The provisions of this Agreement shall be without prejudice to the application of the relevant internal laws and regulations of the Parties regarding public access to official documents.

Article 446. Security Exceptions

Nothing in this Agreement shall prevent a Party from taking any measures:

  • Article   1 Objectives 1
  • Title   I GENERAL PRINCIPLES 1
  • Article   2 1
  • Title   II POLITICAL DIALOGUE AND REFORM, COOPERATION IN THE FIELD OF FOREIGN AND SECURITY POLICY 1
  • Article   3 Aims of Political Dialogue 1
  • Article   4 Domestic Reformthe Parties Shall Cooperate on the Following Areas: 1
  • Article   5 Foreign and Security Policy 1
  • Article   6 International Criminal Court 1
  • Article   7 Conflict Prevention and Crisis Management 1
  • Article   8 Regional Stability 1
  • Article   9 Weapons of Mass Destruction 1
  • Article   10 Small Arms and Light Weapons and Conventional Arms Export Control 1
  • Article   11 International Cooperation In the Fight Against Terrorism 1
  • Title   III FREEDOM, SECURITY AND JUSTICE 1
  • Article   12 Rule of Law 1
  • Article   13 Protection of Personal Data 1
  • Article   14 Cooperation on Migration, Asylum and Border Management 1
  • Article   15 Movement of Persons 2
  • Article   16 Preventing and Combating Organised Crime, Corruption and other Illegal Activities 2
  • Article   17 Tackling Illicit Drugs 2
  • Article   18 Money Laundering and Financing of Terrorism 2
  • Article   19 Combating Terrorism 2
  • Article   20 Legal Cooperation 2
  • Title   IV ECONOMIC AND OTHER SECTORAL COOPERATION 2
  • Chapter   1 Public Administration Reform 2
  • Article   21 2
  • Article   22 Cooperation Shall Cover the Following Areas: 2
  • Article   23 2
  • Chapter   2 Economic Dialogue 2
  • Article   24 2
  • Article   25 2
  • Article   26 2
  • Chapter   3 Company Law, Accounting and Auditing and Corporate Governance 2
  • Article   27 2
  • Article   28 2
  • Article   29 2
  • Article   30 2
  • Chapter   4 Employment, Social Policy and Equal Opportunities 2
  • Article   31 2
  • Article   32 2
  • Article   33 2
  • Article   34 2
  • Article   35 2
  • Article   36 2
  • Article   37 2
  • Chapter   5 Consumer Protection 2
  • Article   38 2
  • Article   39 2
  • Article   40 2
  • Chapter   6 Statistics 2
  • Article   41 2
  • Article   42 2
  • Article   43 2
  • Article   44 2
  • Article   45 2
  • Article   46 2
  • Chapter   7 Management of Public Finances: Budget Policy, Internal Control, Financial Inspection and External Audit 2
  • Article   47 2
  • Article   48 Budget and Accounting Systems 2
  • Article   49 Internal Control, Financial Inspection and External Audit 2
  • Article   50 Fight Against Fraud and Corruption 2
  • Article   51 3
  • Chapter   8 Taxation 3
  • Article   52 3
  • Article   53 3
  • Article   54 3
  • Article   55 3
  • Article   56 3
  • Article   57 3
  • Chapter   9 Financial Services 3
  • Article   58 3
  • Article   59 3
  • Article   60 3
  • Article   61 3
  • Chapter   10 Industrial and Enterprise Policy 3
  • Article   62 3
  • Article   63 3
  • Article   64 3
  • Chapter   11 Mining and Raw Materials 3
  • Article   65 3
  • Article   66 3
  • Chapter   12 Agriculture and Rural Development 3
  • Article   67 3
  • Article   68 3
  • Article   69 3
  • Article   70 3
  • Chapter   13 Fisheries and Maritime Policy 3
  • Section   1 Fisheries Policy 3
  • Article   71 3
  • Article   72 3
  • Article   73 3
  • Section   2 Maritime Policy 3
  • Article   74 3
  • Article   75 3
  • Chapter   14 Energy Cooperation 3
  • Article   76 3
  • Article   77 3
  • Article   78 3
  • Article   79 3
  • Chapter   15 Transport 3
  • Article   80 3
  • Article   81 3
  • Article   82 3
  • Article   83 3
  • Article   84 3
  • Article   85 3
  • Chapter   16 Environment 3
  • Article   86 3
  • Article   87 3
  • Article   88 4
  • Article   89 4
  • Article   90 4
  • Article   91 4
  • Chapter   17 Climate Action 4
  • Article   92 4
  • Article   93 4
  • Article   94 4
  • Article   95 4
  • Article   96 4
  • Article   97 4
  • Chapter   18 Information Society 4
  • Article   98 4
  • Article   99 4
  • Article   100 4
  • Article   101 4
  • Article   102 4
  • Chapter   19 Tourism 4
  • Article   103 4
  • Article   104 4
  • Article   105 4
  • Article   106 4
  • Chapter   20 Regional Development, Cross-border and Regional Level Cooperation 4
  • Article   107 4
  • Article   108 4
  • Article   109 4
  • Article   110 4
  • Article   111 4
  • Article   112 4
  • Chapter   21 Public Health 4
  • Article   113 4
  • Article   114 4
  • Article   115 4
  • Article   116 4
  • Chapter   22 Civil Protection 4
  • Article   117 4
  • Article   118 4
  • Article   119 4
  • Article   120 4
  • Article   121 4
  • Chapter   23 Cooperation on Education, Training, Multilingualism, Youth and Sport 4
  • Article   122 4
  • Article   123 4
  • Article   124 5
  • Article   125 5
  • Article   126 5
  • Chapter   24 Cooperation In Research, Technological Development and Demonstration 5
  • Article   127 5
  • Article   128 5
  • Article   129 5
  • Chapter   25 Cooperation on Culture, Audio-visual Policy and Media 5
  • Article   130 5
  • Article   131 5
  • Article   132 5
  • Article   133 5
  • Chapter   26 Civil Society Cooperation 5
  • Article   134 5
  • Article   135 5
  • Article   136 5
  • Chapter   27 Cooperation In the Protection and Promotion of the Rights of the Child 5
  • Article   137 5
  • Article   138 5
  • Article   139 5
  • Chapter   28 Participation In Union Agencies and Programmes 5
  • Article   140 5
  • Article   141 5
  • Article   142 5
  • Title   V TRADE AND TRADE-RELATED MATTERS 5
  • Chapter   1 National Treatment and Market Access for Goods 5
  • Section   1 Common Provisions 5
  • Article   143 Objective 5
  • Article   144 Scope and Coverage 5
  • Section   2 Elimination of Customs Duties, Fees and other Charges 5
  • Article   145 Definition of Customs Duties 5
  • Article   146 Classification of Goods 5
  • Article   147 Elimination of Customs Duties on Imports 5
  • Article   148 Anti-circumvention Mechanism for Agricultural Products and Processed Agricultural Products 5
  • Article   149 Standstill 5
  • Article   150 Customs Duties on Exports 5
  • Article   151 Fees and other Charges 5
  • Section   3 Non-tariff Measures 5
  • Article   152 National Treatment 5
  • Article   153 Import and Export Restrictions 5
  • Section   4 Specific Provisions Related to Goods 5
  • Article   154 General Exceptions 5
  • Section   5 Administrative Cooperation and Coordination with other Countries 5
  • Article   155 Special Provisions on Administrative Cooperation 5
  • Article   156 Management of Administrative Errors 5
  • Article   157 Agreements with other Countries 5
  • Chapter   2 Trade Remedies 5
  • Section   1 Global Safeguard Measures 5
  • Article   158 5
  • Article   159 Transparency 5
  • Article   160 Application of Measures 6
  • Section   2 Anti-dumping and Countervailing Measures 6
  • Article   161 General Provisions 6
  • Article   162 Transparency 6
  • Article   163 Consideration of Public Interest 6
  • Article   164 Lesser Duty Rule 6
  • Section   3 Bilateral Safeguard Measures 6
  • Article   165 Application of a Bilateral Safeguard Measure 6
  • Article   166 Conditions and Limitations 6
  • Article   167 Provisional Measures 6
  • Article   168 Compensation 6
  • Article   169 Definitions 6
  • Chapter   3 Technical Barriers to Trade, Standardisation, Metrology, Accreditation and Conformity Assessment 6
  • Article   170 Scope and Definitions 6
  • Article   171 Affirmation of the TBT Agreement 6
  • Article   172 Technical Cooperation 6
  • Article   173 Approximation of Technical Regulations, Standards, and Conformity Assessment 6
  • Article   174 Agreement on Conformity Assessment and Acceptance of Industrial Products (ACAA) 6
  • Article   175 Marking and Labelling 6
  • Chapter   4 Sanitary and Phytosanitary Measures 6
  • Article   176 Objective 6
  • Article   177 Multilateral Obligations 6
  • Article   178 Scope 6
  • Article   179 Definitions 6
  • Article   180 Competent Authorities 6
  • Article   181 Gradual Approximation 6
  • Article   182 Recognition for Trade Purposes of Animal Health and Pest Status and Regional Conditions Recognition of Status for Animal Diseases, Infections In Animals or Pests 6
  • Article   183 Recognition of Equivalence 7
  • Article   184 Transparency and Exchange of Information 7
  • Article   185 Notification, Consultation and Facilitation of Communication 7
  • Article   186 Trade Conditions 7
  • Article   187 Certification Procedure 7
  • Article   188 Verification 7
  • Article   189 Import Checks and Inspection Fees 7
  • Article   190 Safeguard Measures 7
  • Article   191 Sanitary and Phytosanitary Sub-Committee 7
  • Chapter   5 Customs and Trade Facilitation 7
  • Article   192 Objectives 7
  • Article   193 Legislation and Procedures 7
  • Article   194 Relations with the Business Community 7
  • Article   195 Fees and Charges 7
  • Article   196 Customs Valuation 7
  • Article   197 Customs Cooperation 7
  • Article   198 Mutual Administrative Assistance In Customs Matters 8
  • Article   199 Technical Assistance and Capacity Building 8
  • Article   200 Customs Sub-Committee 8
  • Article   201 Approximation of Customs Legislation 8
  • Chapter   6 Establishment, Trade In Services and Electronic Commerce 8
  • Section   1 General Provisions 8
  • Article   202 Objective, Scope and Coverage 8
  • Article   203 Definitions 8
  • Section   2 Establishment 8
  • Article   204 Scope 8
  • Article   205 National Treatment and Most-favoured-nation Treatment 8
  • Article   206 Review 8
  • Article   207 Other Agreements 8
  • Article   208 Standard of Treatment for Branches and Representative Offices 8
  • Section   3 Cross-border Supply of Services 8
  • Article   209 Scope 8
  • Article   210 Market Access 8
  • Article   211 National Treatment 8
  • Article   212 Lists of Commitments 8
  • Article   213 Review 8
  • Section   4 Temporary Presence of Natural Persons for Business Purposes 8
  • Article   214 Scope and Definitions 8
  • Article   215 Key Personnel and Graduate Trainees 9
  • Article   216 Business Sellers 9
  • Article   217 Contractual Service Suppliers 9
  • Article   218 Independent Professionals 9
  • Section   5 Regulatory Framework 9
  • Subsection   1 Domestic Regulation 9
  • Article   219 Scope and Definitions 9
  • Article   220 Conditions for Licencing and Qualification 9
  • Article   221 Licencing and Qualification Procedures 9
  • Subsection   2 Provisions of General Application 9
  • Article   222 Mutual Recognition 9
  • Article   223 Transparency and Disclosure of Confidential Information 9
  • Subsection   3 Computer Services 9
  • Article   224 Understanding on Computer Services 9
  • Subsection   4 Postal and Courier Services 9
  • Article   225 Scope and Definitions 9
  • Article   226 Prevention of Anti-competitive Practices In the Postal and Courier Sector 9
  • Article   227 Universal Service 9
  • Article   228 Licences 9
  • Article   229 Independence of the Regulatory Body 9
  • Article   230 Gradual Approximation 9
  • Subsection   5 Electronic Communication Networks and Services 9
  • Article   231 Scope and Definitions 9
  • Article   232 Regulatory Authority 9
  • Article   233 Authorisation to Provide Electronic Communication Services 9
  • Article   234 Access and Interconnection 9
  • Article   235 Scarce Resources 10
  • Article   236 Universal Service 10
  • Article   237 Cross-border Provision of Electronic Communication Services 10
  • Article   238 Confidentiality of Information 10
  • Article   239 Disputes between Services Suppliers 10
  • Article   240 Gradual Approximation 10
  • Subsection   6 Financial Services 10
  • Article   241 Scope and Definition 10
  • Article   242 Prudential Carve-out 10
  • Article   243 Effective and Transparent Regulation 10
  • Article   244 New Financial Services 10
  • Article   245 Data Processing 10
  • Article   246 Specific Exceptions 10
  • Article   247 Self-regulatory Organisations 10
  • Article   248 Clearing and Payment Systems 10
  • Article   249 Gradual Approximation 10
  • Subsection   7 Transport Services 10
  • Article   250 Scope 10
  • Article   251 International Maritime Transport 10
  • Article   252 Air Transport 10
  • Article   253 Gradual Approximation 10
  • Subsection   6 Electronic Commerce 10
  • Subsection   1 General Provisions 10
  • Article   254 Objective and Principles 10
  • Article   255 Cooperation In Electronic Commerce 10
  • Subsection   2 Liability of Intermediary Service Providers 10
  • Article   256 Use of Intermediaries' Services 10
  • Article   257 Liability of Intermediary Service Providers: "Mere Conduit"™ 11
  • Article   258 Liability of Intermediary Service Providers: "caching" 11
  • Article   259 Liability of Intermediary Service Providers: "hosting" 11
  • Article   260 No General Obligation to Monitor 11
  • Section   7 Exceptions 11
  • Article   261 General Exceptions 11
  • Article   262 Taxation Measures 11
  • Article   263 Security Exceptions 11
  • Chapter   7 Current Payments and Movement of Capital 11
  • Article   264 Current Payments 11
  • Article   265 Capital Movements 11
  • Article   266 Safeguard Measures 11
  • Article   267 Facilitation and Evolution Provisions 11
  • Chapter   8 Public Procurement 11
  • Article   268 Objectives 11
  • Article   269 Scope 11
  • Article   270 Institutional Background 11
  • Article   271 Basic Standards Regulating the Award of Contracts 11
  • Article   272 Planning of Gradual Approximation 11
  • Article   273 Gradual Approximation 11
  • Article   274 Market Access 11
  • Article   275 Information 11
  • Article   276 Cooperation 11
  • Chapter   9 Intellectual Property Rights 11
  • Section   1 General Provisions and Principles 11
  • Article   277 Objectives 11
  • Article   278 Nature and Scope of Obligations 11
  • Article   279 Exhaustion 11
  • Section   2 Standards Concerning Intellectual Property Rights 11
  • Subsection   1 Copyright and Related Rights 11
  • Article   280 Protection Granted 11
  • Article   281 Authors 11
  • Article   282 Performers 12
  • Article   283 Producers of Phonograms 12
  • Article   284 Broadcasting Organisations 12
  • Article   285 Broadcasting and Communication to the Public 12
  • Article   286 Term of Protection 12
  • Article   287 Protection of Technological Measures 12
  • Article   288 Protection of Rights Management Information 12
  • Article   289 Exceptions and Limitations 12
  • Article   290 Artists' Resale Right In Works of Art 12
  • Subsection   2 Trademarks 12
  • Article   292 International Agreements 12
  • Article   293 Registration Procedure 12
  • Article   294 Well-known Trademarks 12
  • Article   295 Exceptions to the Rights Conferred by a Trademark 12
  • Subsection   3 Geographical Indications 12
  • Article   296 Scope 12
  • Article   297 Established Geographical Indications 12
  • Article   298 Addition of New Geographical Indications 12
  • Article   299 Scope of Protection of Geographical Indications 12
  • Article   300 Right of Use of Geographical Indications 12
  • Article   301 Enforcement of Protection 12
  • Article   302 Implementation of Complementary Actions 12
  • Article   303 Relationship with Trademarks 12
  • Article   304 General Rules 12
  • Article   305 Cooperation and Transparency 12
  • Article   306 Geographical Indications Sub-Committee 12
  • Subsection   4 Designs 12
  • Article   307 International Agreements 12
  • Article   308 Protection of Registered Designs 12
  • Article   309 Protection Conferred to Unregistered Designs 12
  • Article   310 Exceptions and Exclusions 12
  • Article   311 Relationship to Copyright 13
  • Subsection   5 Patents 13
  • Article   312 International Agreements 13
  • Article   313 Patents and Public Health 13
  • Article   314 Supplementary Protection Certificate 13
  • Article   315 Protection of Data Submitted to Obtain an Authorisation to Put a Medicinal Product on the Market 13
  • Article   316 Data Protection on Plant Protection Products 13
  • Article   317 Plant Varieties 13
  • Section   3 Enforcement of Intellectual Property Rights 13
  • Article   318 General Obligations 13
  • Article   319 Entitled Applicants 13
  • Subsection   1 Civil Enforcement 13
  • Article   320 Measures for Preserving Evidence 13
  • Article   321 Right of Information 13
  • Article   322 Provisional and Precautionary Measures 13
  • Article   323 Corrective Measures 13
  • Article   324 Injunctions 13
  • Article   325 Alternative Measures 13
  • Article   326 Damages 13
  • Article   327 Legal Costs 13
  • Article   328 Publication of Judicial Decisions 13
  • Article   329 Presumption of Authorship or Ownership 13
  • Subsection   2 Other Provisions 13
  • Article   330 Border Measures 13
  • Article   331 Codes of Conduct 13
  • Article   332 Cooperation 13
  • Chapter   10 Competition 13
  • Section   1 Antitrust and Mergers 13
  • Article   333 Definitions 13
  • Article   334 Principles 13
  • Article   335 Implementation 13
  • Article   336 State Monopolies, Public Undertakings and Undertakings Entrusted with Special or Exclusive Rights 13
  • Article   337 Cooperation and Exchange of Information 13
  • Article   338 Dispute Settlement 13
  • Section   2 State Aid 13
  • Article   339 General Principles and Scope 13
  • Article   342 Transparency 14
  • Article   343 Confidentiality 14
  • Article   344 Review Clause 14
  • Chapter   11 Trade-related Energy 14
  • Article   345 Definitions 14
  • Article   346 Domestic Regulated Prices 14
  • Article   347 Prohibition of Dual Pricing 14
  • Article   348 Transit 14
  • Article   349 Transport 14
  • Article   350 Unauthorised Taking of Goods In Transit 14
  • Article   351 Uninterrupted Transit 14
  • Article   352 Transit Obligation for Operators 14
  • Article   353 Regulatory Authority for Electricity and Natural Gas 14
  • Article   354 Relationship with the Energy Community Treaty 14
  • Chapter   12 Transparency 14
  • Article   355 Definitions 14
  • Article   356 Objective and Scope 14
  • Article   357 Publication 14
  • Article   358 Enquiries and Contact Points 14
  • Article   359 Administration of Measures of General Application 14
  • Article   360 Review and Appeal 14
  • Article   361 Regulatory Quality and Performance and Good Administrative Behaviour 14
  • Article   362 Specific Rules 14
  • Chapter   13 Trade and Sustainable Development 14
  • Article   363 Context and Objectives 14
  • Article   364 Right to Regulate and Levels of Protection 14
  • Article   365 Multilateral Labour Standards and Agreements 14
  • Article   366 Multilateral Environmental Governance and Agreements 14
  • Article   367 Trade and Investment Promoting Sustainable Development 14
  • Article   368 Biological Diversity 14
  • Article   369 Sustainable Management of Forests and Trade In Forest Products 14
  • Article   370 Trade In Fish Products 14
  • Article   371 Upholding Levels of Protection 14
  • Article   372 Scientific Information 14
  • Article   373 Transparency 14
  • Article   374 Review of Sustainability Impacts 14
  • Article   375 Working Together on Trade and Sustainable Development 14
  • Article   376 Institutional and Overseeing Mechanisms 15
  • Article   377 Joint Civil Society Dialogue Forum 15
  • Article   378 Government Consultations 15
  • Article   379 Panel of Experts 15
  • Chapter   14 Dispute Settlement 15
  • Section   1 Objective and Scope 15
  • Article   380 Objective 15
  • Article   381 Scope of Application 15
  • Section   2 Consultations and Mediation 15
  • Article   382 Consultations 15
  • Article   383 Mediation 15
  • Section   3 Dispute Settlement Procedures 15
  • Subsection   1 Arbitration Procedure 15
  • Article   384 Initiation of the Arbitration Procedure 15
  • Article   385 Establishment of the Arbitration Panel 15
  • Article   386 Preliminary Ruling on Urgency 15
  • Article   387 Arbitration Panel Report 15
  • Article   388 Conciliation for Urgent Energy Disputes 15
  • Article   389 Notification of the Ruling of the Arbitration Panel 15
  • Subsection   2 Compliance 15
  • Article   390 Compliance with the Arbitration Panel Ruling 15
  • Article   391 Reasonable Period of Time for Compliance 15
  • Article   392 Review of Any Measure Taken to Comply with the Arbitration Panel Ruling 15
  • Article   393 Temporary Remedies In Case of Non-compliance 15
  • Article   394 Remedies for Urgent Energy Disputes 15
  • Article   395 Review of Any Measure Taken to Comply after the Adoption of Temporary Remedies for Non-compliance 15
  • Subsection   3 Common Provisions 15
  • Article   396 Replacement of Arbitrators 15
  • Article   397 Suspension and Termination of Arbitration and Compliance Procedures 15
  • Article   398 Mutually Agreed Solution 15
  • Article   399 Rules of Procedure 15
  • Article   400 Information and Technical Advice 15
  • Article   401 Rules of Interpretation 15
  • Article   402 Decisions and Rulings of the Arbitration Panel 15
  • Article   403 Referrals to the Court of Justice of the European Union 15
  • Section   4 General Provisions Article 404 Lists of Arbitrators 15
  • Article   405 Relation with WTO Obligations 15
  • Article   406 Time-limits 15
  • Chapter   15 General Provisions on Approximation Under Title V 15
  • Article   407 Progress In Approximation In Trade-related Areas 15
  • Article   408 Repeal of Inconsistent Domestic Law 16
  • Article   409 Assessment of Approximation In Trade-related Areas 16
  • Article   410 Developments Relevant to Approximation 16
  • Article   411 Exchange of Information 16
  • Article   412 General Provision 16
  • Title   VI FINANCIAL ASSISTANCE, AND ANTI-FRAUD AND CONTROL PROVISIONS 16
  • Chapter   1 Financial Assistance 16
  • Article   413 16
  • Article   414 16
  • Article   415 16
  • Article   416 16
  • Article   417 16
  • Article   418 16
  • Article   419 16
  • Chapter   2 Anti-fraud and Control Provisions 16
  • Article   420 Definitions 16
  • Article   421 Scope 16
  • Article   422 Measures to Prevent and Fight Fraud, Corruption and Any other Illegal Activities 16
  • Article   423 Exchange of Information and Further Cooperation at Operational Level 16
  • Article   424 Prevention of Irregularities, Fraud and Corruption 16
  • Article   425 Investigation and Prosecution 16
  • Article   426 Communication of Fraud, Corruption and Irregularities 16
  • Article   427 Audits 16
  • Article   428 On-the-spot Checks 16
  • Article   429 Administrative Measures and Penalties 16
  • Article   430 Recovery 16
  • Article   431 Confidentiality 16
  • Article   432 16
  • Title   VII INSTITUTIONAL, GENERAL AND FINAL PROVISIONS 16
  • Chapter   1 Institutional Framework 16
  • Article   433 16
  • Article   434 16
  • Article   435 16
  • Article   436 16
  • Article   437 16
  • Article   438 16
  • Article   439 16
  • Article   440 16
  • Article   441 16
  • Article   442 16
  • Article   443 16
  • Chapter   2 General and Final Provisions 16
  • Article   444 Access to Courts and Administrative Organs 16
  • Article   445 Access to Official Documents 16
  • Article   446 Security Exceptions 16
  • Article   447 Non-discrimination 17
  • Article   448 Gradual Approximation 17
  • Article   449 Dynamic Approximation 17
  • Article   450 Monitoring 17
  • Article   451 Assessment of Approximation 17
  • Article   452 Results of Monitoring, Including Assessments of Approximation 17
  • Article   453 Fulfilment of Obligations 17
  • Article   454 Dispute Settlement 17
  • Article   455 Appropriate Measures In Case of Non-fulfilment of Obligations 17
  • Article   456 Relation to other Agreements 17
  • Article   457 17
  • Article   458 17
  • Article   459 Annexes and Protocols 17
  • Article   460 Duration 17
  • Article   461 Definition of the Parties 17
  • Article   462 Territorial Application 17
  • Article   463 Depositary of this Agreement 17
  • Article   464 Entry Into Force and Provisional Application 17
  • Article   465 Authentic Texts 17
  • ANNEX XXVII  LIST OF RESERVATIONS ON ESTABLISHMENT; LIST OF COMMITMENTS ON CROSS-BORDER SUPPLY OF SERVICES; LIST OF RESERVATIONS ON KEY PERSONNEL, GRADUATE TRAINEES AND BUSINESS SELLERS; LIST OF RESERVATIONS ON CONTRACTUAL SERVICES SUPPLIERS AND INDEPENDENT PROFESSIONALS 17
  • ANNEX XXVII-A  LIST OF RESERVATIONS ON ESTABLISHMENT (UNION) 18
  • ANNEX XXVII-E  LIST OF RESERVATIONS ON ESTABLISHMENT (REPUBLIC OF MOLDOVA) 19
  • ANNEX XXXII  MEDIATION MECHANISM 19
  • 1 Objective 19
  • Section   1 Procedure Under the Mediation Mechanism 19
  • 2 Request for Information 19
  • 3 Initiation of the Procedure 19
  • 4 Selection of the Mediator 19
  • 5 Rules of the Mediation Procedure 20
  • Section   2 Implementation 20
  • 6 Implementation of a Mutually Agreed Solution 20
  • Section   3 General Provisions 20
  • 7 Confidentiality and Relationship to Dispute Settlement 20
  • 8 Time Limits 20
  • 9 Costs 20
  • ANNEX XXXIII  RULES OF PROCEDURE FOR DISPUTE SETTLEMENT 20
  • ANNEX XXXIV  CODE OF CONDUCT FOR ARBITRATORS AND MEDIATORS 20