EU - Moldova, Republic of Association Agreement (2014)
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In order to establish a branch in Portugal, foreign insurance companies need to demonstrate prior operational experience of at least five years. Direct branching is not permitted for insurance intermediation, which is reserved to companies formed in accordance with the law of a Member State.

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

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

The general agent of an insurance company of the Republic of Moldova must have his place of residence in Finland, unless the company has its head office in the EU.

Foreign insurers cannot get a licence in Finland as a branch to carry on statutory pension insurance.

For banking services: residency requirement for at least one of the founders, one member of the board of directors and supervisory board, the managing director and the person entitled to sign the name of a credit institution.

IT: In order to be authorized to manage the securities settlement system with an establishment in Italy, a company is required to be incorporated in Italy (no branches). In order to be authorised to manage central securities depository services with an establishment in Italy, companies are required to be incorporated in Italy (no branches). In the case of collective investment schemes other than UCITS harmonized with the legislation of the EU, the trustee/depository is required to be incorporated in Italy or in another Member State and established through a branch in Italy. Management companies of UCITS not harmonized under the legislation of the EU are also required to be incorporated in Italy (no branches). Only banks, insurance companies, investment firms, and companies managing UCITS harmonised under the legislation of the EU, having their legal head office in the EU, as well as UCITS incorporated in Italy may carry out activity of pension fund resources management. In providing the activity of door-to-door selling, intermediaries must utilise authorised financial salesmen listed in the Italian register. Representative offices of foreign intermediaries cannot carry out activities aimed at providing investment services.

LT: For the purpose of asset management, incorporation as a specialized management company (no branches) is required.

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

Only banks having their registered office or branch in Lithuania and authorized to provide investment services in a Member State or in a state within the European Economic Area (EEA)may act as the depositaries of the assets of pension funds.

PL: Local incorporation (no branches) required for insurance intermediaries.

SK: Foreign nationals may establish an insurance company in the form of a joint stock company or may conduct insurance business through their subsidiaries with registered office in Slovakia (no branches).

Investment services in Slovakia can be provided by banks, investment companies, investment funds and security dealers which have a legal form of joint-stock company with equity capital according to the law (no branches).

SE: Insurance broking undertakings not incorporated in Sweden may be established only though a branch.

A founder of a savings bank shall be a natural person resident in the Union.

8.   Health, Social and Education services

EU: No national treatment and most favoured nation treatment obligations with respect to publicly funded health, social and education services.

EU: No national treatment and most favoured nation treatment obligations with respect to privately funded other human health services.

EU: With respect to privately funded education services, nationality conditions may apply for majority of members of the Board.

EU (except for NL, SE and SK): No national treatment and most favoured nation treatment obligations with respect to the provision of privately funded other education services, which means other than those classified as being primary, secondary, higher and adult education services.

BE, CY, CZ, DK, FR, DE, EL, HU, IT, ES, PT, UK: No national treatment and most favoured nation treatment obligations with respect to the provision of privately funded social services other than services relating to convalescent and rest houses and old people's homes.

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

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

EL: With respect to higher education services, no national or most favoured nation treatment obligations for establishment of education institutions granting recognized State diplomas. EU nationality condition for owners and majority of members of the Board, teachers in privately founded primary and secondary schools.

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

SE: reserves the right to adopt and maintain any measure with respect to educational services suppliers that are approved by public authorities to provide education. This reservation applies to publicly funded and privately funded educational services suppliers with some form of State support, inter alia, educational service suppliers recognized by the State, educational services suppliers under State supervision or education which entitles to study support.

UK: No national treatment and most favoured nation treatment obligations with respect to the provision of privately-funded ambulance services or privately-funded residential health services other than hospital services.

9.   Tourism and travel related services

BG, CY, EL, ES, FR: Nationality condition for tourist guides.

BG: For hotel, restaurant and catering services (excluding catering in air transport services) incorporation is required (no branching).

IT: Tourist guides from non-EU countries need to obtain a specific licence.

10.   Recreational cultural and sporting services

News and Press Agencies Services

FR: Foreign participation in existing companies publishing publications in the French language may not exceed 20 % of the capital or of the voting rights in the company. With respect to press agencies, national treatment for the establishment of juridical persons is subject to reciprocity.

Sporting and other recreational services

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

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

Libraries, archives, museums and other cultural services

BE, FR, HR, IT: No national treatment and most favoured nation treatment with respect to libraries, archives, museum and other cultural services.

11.   Transport

Maritime transport

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

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

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

Internal Waterways Transport (9)

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

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

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

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

Air transport services

EU: The conditions of mutual market access in air transport shall be dealt with by the Common Aviation Area Agreement between the European Union and its Member States, of the one part, and the Republic of Moldova, of the other part.

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

EU: With respect to computer reservation systems (CRS) services, where air carriers of the Union are not accorded equivalent treatment (10) to that provided in the Union by CRS services suppliers outside the Union, or where CRS services suppliers of the European Union are not accorded equivalent treatment to that provided in the Union by non-EU air carriers, measures may be taken to accord equivalent treatment, respectively, to the non-EU air carriers by the CRS services suppliers in the Union, or to the non-EU CRS services suppliers by the air carriers in the Union.

Rail transport

HR: No national treatment and most favoured nation treatment obligations for passenger and freight transportation and for pushing and towing services.

Road transport

EU: Incorporation is required (no branching) for cabotage operations. Residency requirement for the transport manager.

AT: For passenger and freight transportation, exclusive rights and/or authorisations may only be granted to nationals of the Member States and to juridical persons of the Union having their headquarters in the Union.

BG: For passenger and freight transportation, exclusive rights and/or authorisations may only be granted to nationals of the Member States and to juridical persons of the Union having their headquarters in the Union. Incorporation is required. Condition of EU nationality for natural persons.

EL: In order to engage in the occupation of road freight transport operator a Hellenic licence is needed. Licences are granted on non–discriminatory terms. Road freight transport operations established in Greece may only use vehicles that are registered in Greece.

FI: Authorisation is required to provide road transport services, which is not extended to foreign registered vehicles.

FR: Foreign investors are not allowed to provide intercity bussing services.

LV: For passenger and freight transportation services, an authorisation is required, which is not extended to foreign registered vehicles. Established entities are required to use nationally registered vehicles.

RO: In order to obtain a licence, road haulage and road passenger transport operators may only use vehicles that are registered in Romania, owned and used according to the Government Ordinance provisions.

SE: In order to engage in the occupation of road transport operator, a Swedish licence is needed. Criteria for receiving a taxi licence include that the company has appointed a natural person to act as the transport manager (a de facto residency requirement — see the Swedish reservation on types of establishment). Criteria for receiving a licence for other road transport operators require that the company be established in the EU, have an establishment situated in Sweden and have appointed a natural person to act as the transport manager, who must be resident in the EU. Licences are granted on non-discriminatory terms, except that operators of road haulage and road passenger transport services may as a general rule only use vehicles that are registered in the national road traffic registry. If a vehicle is registered abroad, owned by a natural or juridical person whose principal residence is abroad and is brought to Sweden for temporary use, the vehicle may be temporarily used in Sweden. Temporary use is usually defined by the Swedish Transport Agency as meaning not more than one year.

14.   Energy services

EU: No national treatment and most favoured treatment obligations with respect to juridical persons of Republic of Moldova controlled (11) by natural or juridical persons of a country which accounts for more than 5 % of the EU's oil or natural gas imports (12), unless the EU provides comprehensive access to this sector to natural or juridical persons of this country, in the context of an economic integration agreement concluded with that country.

EU: No national treatment and most favoured nation treatment obligations for nuclear-based electricity generation and with respect to processing of nuclear fuel.

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

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

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

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

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

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

15.   Other services not included elsewhere

PT: No national treatment and most favoured nation treatment obligations with respect to services related to the sale of equipment or to the assignment of a patent.

SE: No national treatment and most favoured nation treatment obligations with respect to funeral, cremation and undertaking services.

(1)  Public utilities exist in sectors such as related scientific and technical consulting services, R & D services on social sciences and humanities, technical testing and analysis services, environmental services, health services, transport services and services auxiliary to all modes of transport. Exclusive rights on such services are often granted to private operators, for instance operators with concessions from public authorities, subject to specific service obligations. Given that public utilities often also exist at the sub-central level, detailed and exhaustive sector-specific scheduling is not practical. This reservation does not apply to telecommunications and to computer and related services.

(2)  In accordance with Article 54 of the Treaty on the Functioning of the European Union, these subsidiaries are considered as juridical persons of the Union. To the extent that they have a continuous and effective link with the economy of the Union, they are beneficiaries of the Union's Internal Market, which includes, inter alia, the freedom to establish and to provide services in all Member States.

(3)  As regards services sectors, these limitations do not go beyond the limitations reflected in the existing commitments under GATS.

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

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

(6)  The horizontal limitation on public utilities applies.

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

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

(9)  Including Services auxiliary to internal waterways transport.

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

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

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

ANNEX XXVII-E. LIST OF RESERVATIONS ON ESTABLISHMENT (REPUBLIC OF MOLDOVA)

1. The list below indicates the economic activities where reservations to national treatment or most favoured treatment by the Republic of Moldova pursuant to Article 205(1) of this Agreement apply to establishments and investors of the Union.

The list is composed of the following elements:

(a) the first column indicating the sector or subsector in which limitations apply;

(b) the second column describing the applicable reservations in the sector or subsector indicated in the first column.

2. In identifying individual sectors and sub-sectors:

(a) CPC means the Central Products Classification as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No 77, CPC prov, 1991;

(b) CPC ver. 1.0 means the Central Products Classification as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No 77, CPC ver 1.0, 1998.

3. In accordance with Article 202(1) of this Agreement, the list below does not include measures concerning subsidies granted by the Parties.

4. In accordance with Article 205 of this Agreement, non-discriminatory requirements, such as those concerning the legal form or the obligation to obtain licences or permits applicable to all providers operating on the territory without distinction based on nationality, residency or equivalent criteria, are not listed in this Annex as they are not prejudiced by the Agreement.

5. The rights and obligations arising from the list below shall have no self-executing effect and thus confer no rights directly on natural or juridical persons.

Sector or sub-sector

Description of reservations

I. HORIZONTAL RESERVATIONS

Land

Reservations include all sectors

Land lease not exceeding 99 years permitted.

Foreign supplier may purchase land except for agriculture land and forestry land.

I. SPECIFIC RESERVATIONS

1. BUSINESS SERVICES

A. Professional Services

(a) Legal Services:

— Limited on consultancy on host country law; (CPC 861)

Legal services related to representation in courts and other public authorities can be provided by a legal professional from a EU Member State upon association with a local lawyer or following 1 year internship to get a licence in the Republic of Moldova.

Legal advising services, except representation in court and other authorities, can be provided after prior registration in special registry of the Council of Bar Association.

Translation and/or interpretation services for the judiciary can be provided after prior recognition of the authorization as a sworn interpreter/translator issued in another state, by the Attestation Commission of the Ministry of Justice.

Mediation services can be provided by a person licensed as a mediator in another state after certification by the Mediation Board.

Services of authorized bankruptcy administrator can be provided following one year internship and after passing the exam in the Commission for certification and discipline of the Ministry of Justice.

Nationality requirement for public notaries and bailiffs.

(h) Private medical and dental services (CPC 9312) (CPC 9312 excluding services provided by the public sector)

Practice of medical profession by foreigners requires the permission from local health authorities, based on economic needs test.

F. Other Business Services

(k) Placement and supply services of personnel (CPC 872);

Services can only be supplied through juridical persons incorporated in the Republic of Moldova.

(l) Investigation and security (CPC 873);

2. COMMUNICATION SERVICES

A. Postal Services

(a) International postal services, as well as internal postal services related to letters up to 350 grams; (CPC 7511)

Monopoly of the ‘Posta Moldova’ State Company.

7. FINANCIAL SERVICES

Banking sector and other financial services (excluding insurance)

Participation in issues of all kinds of securities, including underwriting and placement as agent (whether publicly or privately) and provision of service related to such issues.

The National Bank of Moldova is a fiscal agency of the Government on the T-bills market.

ANNEX XXXII. MEDIATION MECHANISM

1. Objective

The objective of this Annex is to facilitate a mutually agreed solution through a comprehensive and expeditious procedure with the assistance of a mediator.

Section 1. Procedure Under the Mediation Mechanism

2. Request for Information

1.   Before the initiation of the mediation procedure, a Party may request, at any time, in writing, information regarding a measure adversely affecting trade or investment between the Parties. The Party to which such request is made shall provide, within 20 days, a written response containing its comments on the information contained in the request.

2.   Where the responding Party considers that a response within 20 days is not practicable, it shall inform the requesting Party of the reasons for the delay, together with an estimate of the shortest period within which it will be able to provide its response.

3. Initiation of the Procedure

1.   A Party may request, at any time, that the Parties enter into a mediation procedure. Such request shall be addressed to the other Party in writing. The request shall be sufficiently detailed in order to clearly present the concerns of the requesting Party and shall:

(a) identify the specific measure at issue;

(b) provide a statement of the alleged adverse effects that the requesting Party believes the measure has, or will have, on trade or investment between the Parties; and

(c) explain how the requesting Party considers that those effects are linked to the measure.

2.   The mediation procedure may only be initiated by mutual agreement of the Parties. The Party to which a request pursuant to paragraph 1 is addressed shall give sympathetic consideration to the request and reply by accepting or rejecting it in writing within 10 days of its receipt.

4. Selection of the Mediator

1.   Upon the launch of the mediation procedure, the Parties shall endeavour to agree on a mediator no later than 15 days after the receipt of the reply to the request referred to in Article 3 of this Annex.

2.   In the event that the Parties are unable to agree on the mediator within the time frame laid down in paragraph 1 of this Article, either Party may request the chair or co-chairs of the Association Committee in Trade configuration as set out in Article 438(4) of this Agreement, or their delegates, to select the mediator, by drawing lots, from the list established under Article 404(1) of this Agreement. Representatives of both Parties shall be invited, with sufficient advance notice, to be present when the lots are drawn. In any event, the drawing of lots shall be carried out with the Party/Parties that is/are present.

3.   The chair or co-chairs of the Association Committee in Trade configuration as set out in Article 438(4) of this Agreement, or their delegates, shall select the mediator within five working days of the request made under paragraph 2 of this Article by either Party.

4.   Should the list referred to in Article 404(1) of this Agreement not be established at the time a request is made pursuant to Article 3 of this Annex, the mediator shall be selected, by drawing lots, from the individuals which have been formally proposed by one or both of the Parties.

  • 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