EU - Moldova, Republic of Association Agreement (2014)
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3. Cooperation may also facilitate circular migration for the benefit of development.

Article 15. Movement of Persons

1.  The Parties will ensure the full implementation of:

(a) the Agreement between the European Community and the Republic of Moldova on the readmission of persons residing without authorisation, which entered into force on 1 January 2008; and

(b) the Agreement between the European Community and the Republic of Moldova on the facilitation of the issuance of visas, which entered into force on 1 January 2008, as amended on 27 June 2012.

2. The Parties shall endeavour to enhance mobility of citizens and shall take gradual steps towards the shared objective of a visa-free regime in due course, provided that the conditions for well-managed and secure mobility, set out in the Action Plan on Visa Liberalisation, are in place.

Article 16. Preventing and Combating Organised Crime, Corruption and other Illegal Activities

1. The Parties shall cooperate on preventing and combating all forms of criminal and illegal activities, organised or otherwise, including those of a transnational character, such as:

(a) smuggling and trafficking in human beings;

(b) smuggling and trafficking in goods, including in small arms and illicit drugs;

(c) illegal economic and financial activities such as counterfeiting, fiscal fraud and public procurement fraud;

(d) fraud, as referred to in Title VI (Financial Assistance, and Anti-Fraud and Control Provisions) of this Agreement, in projects funded by international donors;

(e) active and passive corruption, both in the private and public sector, including the abuse of functions and trading in influence;

(f) forging documents and submitting false statements; and (g) cyber crime.

2. The Parties shall enhance bilateral, regional and international cooperation among law enforcement bodies, including strengthening cooperation between the European Police Office (Europol) and the relevant authorities of the Republic of Moldova. The Parties are committed to implementing effectively the relevant international standards, and in particular those enshrined in the United Nations Convention against Transnational Organised Crime (UNTOC) of 2000 and its three Protocols, the United Nations Convention against Corruption of 2003, and relevant Council of Europe instruments on preventing and combating corruption.

Article 17. Tackling Illicit Drugs

1. Within their respective powers and competencies, the Parties shall cooperate to ensure a balanced and integrated approach towards drug issues. Drug policies and actions shall be aimed at reinforcing structures for tackling illicit drugs, reducing the supply of, trafficking in and the demand for illicit drugs, coping with the health and social consequences of drug abuse, as well as at a more effective prevention of diversion of chemical precursors used for the illicit manufacture of narcotic drugs and psychotropic substances.

2. The Parties shall agree on the necessary methods of cooperation to attain those objectives. Actions shall be based on commonly agreed principles along the lines of the relevant international conventions, the EU Drugs Strategy (2013-20), the Political Declaration on the guiding principles of drug demand reduction, approved by the United Nations General Assembly Twentieth Special Session on Drugs in June 1998.

Article 18. Money Laundering and Financing of Terrorism

1. The Parties shall cooperate in order to prevent the use of their financial and relevant non-financial systems to launder the proceeds of criminal activities, as well as for the purpose of financing of terrorism. That cooperation extends to the recovery of assets or funds derived from the proceeds of crime.

2. Cooperation in this area shall allow exchanges of relevant information within the framework of respective legisla- tions and the adoption of appropriate standards to combat money laundering and financing of terrorism, equivalent to those adopted by relevant international bodies active in this area, such as the Financial Action Task Force on Money Laundering (FATF).

Article 19. Combating Terrorism

The Parties agree to cooperate in the prevention and suppression of acts of terrorism in full respect for the rule of law, international human rights, and refugee and humanitarian law and in accordance with the UN Global Counter-Terrorism Strategy of 2006 as well as their respective laws and regulations. They shall do so, in particular in the framework of the full implementation of UN Security Council Resolutions 1267 (1999), 1373 (2001), 1540 (2004) and 1904 (2009) and other relevant UN instruments, and applicable international conventions and instruments:

(a) by exchanging information on terrorist groups and their support networks in accordance with international and national law;

(b) by exchanging views on terrorism trends and on means and methods of combating terrorism, including in technical areas and training, and by exchanging experiences in respect of the prevention of terrorism; and

(c) by sharing best practices in the area of protection of human rights in the fight against terrorism.

Article 20. Legal Cooperation

1. The Parties agree to develop judicial cooperation in civil and commercial matters as regards the negotiation, ratification and implementation of multilateral conventions on civil judicial cooperation and, in particular, the conventions of the Hague Conference on Private International Law in the field of international legal cooperation and litigation as well as the protection of children.

2. As regards judicial cooperation in criminal matters, the Parties will seek to enhance cooperation on mutual legal assistance. That would include, where appropriate, accession to, and implementation of, the relevant international instruments of the UN and the Council of Europe and closer cooperation with Eurojust.

Title IV. ECONOMIC AND OTHER SECTORAL COOPERATION

Chapter 1. Public Administration Reform

Article 21.

Cooperation shall focus on the development of efficient and accountable public administration in the Republic of Moldova, with the aim of supporting implementation of the rule of law, ensuring that state institutions work for the benefit of the entire population of the Republic of Moldova, and promoting the smooth development of relations between the Republic of Moldova and its partners. Particular attention will be given to the modernisation and development of executive functions, with the goal of providing quality services to the citizens of the Republic of Moldova.

Article 22. Cooperation Shall Cover the Following Areas:

(a) the institutional and functional development of public authorities, in order to increase the efficiency of their activity and to ensure an efficient, participatory and transparent decision-making and strategic planning process;

(b) modernisation of public services, including the introduction and implementation of e-Governance, with a view to increasing the efficiency of service delivery to citizens and reducing the costs of doing business;

(c) creation of a professional civil service based on the principle of managerial accountability and effective delegation of authority, as well as fair and transparent recruitment, training, assessment and remuneration;

(d) effective and professional human resource management and career development; and

(e) the promotion of ethical values in the civil service.

Article 23.

Cooperation shall cover all levels of public administration, including local administration.

Chapter 2. Economic Dialogue

Article 24.

1. The EU and the Republic of Moldova shall facilitate the process of economic reform by improving the understanding of the fundamentals of their respective economies. Cooperation between the Parties shall aim to promote economic policies pertinent to functioning market economies as well as the formulation and implementation of those economic policies.

2. The Republic of Moldova shall strive to establish a functioning market economy and to gradually approximate its policies to those of the EU, in accordance with the guiding principles of sound macroeconomic and fiscal policies, including central bank independence and price stability, sound public finances and a sustainable balance of payments.

Article 25.

1.   To those ends, the Parties agree to cooperate in the following areas:

(a) exchange of information on macroeconomic policies and structural reforms as well as on macroeconomic performance and prospects, and on strategies for economic development;

(b) joint analysis of economic issues of mutual interest, including economic policy measures and the instruments for implementing them, such as methods for economic forecasting and elaboration of strategic policy documents, with a view to strengthening the policy-making of the Republic of Moldova in line with EU principles and practices; and

(c) exchange of expertise in the macroeconomic and macrofinancial sphere, including public finances, financial sector developments and regulation, monetary and exchange rate policies and frameworks, external financial assistance, and economic statistics.

2. Cooperation will also include exchange of information concerning the principles and functioning of the European economic and monetary union.

Article 26.

A regular dialogue will take place on the issues covered by this Chapter.

Chapter 3. Company Law, Accounting and Auditing and Corporate Governance

Article 27.

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

(a) on the protection of shareholders, creditors and other stakeholders in line with EU rules in this area;

(b) on the introduction of relevant international standards at national level and gradual approximation of the rules of the Republic of Moldova with those of the EU in the field of accounting and auditing; and

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

2. The relevant EU rules and recommendations are listed in Annex II to this Agreement.

Article 28.

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

Article 29.

A regular dialogue will take place on the issues covered by this Chapter.

Article 30.

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

Chapter 4. Employment, Social Policy and Equal Opportunities

Article 31.

The Parties shall strengthen their dialogue and cooperation on promoting the International Labour Organisation (ILO) Decent Work Agenda, employment policy, health and safety at work, social dialogue, social protection, social inclusion, gender equality and anti-discrimination, and social rights, and thereby contribute to the promotion of more and better jobs, poverty reduction, enhanced social cohesion, sustainable development and improved quality of life.

Article 32.

Cooperation, based on exchange of information and best practices, may cover a selected number of issues to be identified among the following areas:

(a) poverty reduction and the enhancement of social cohesion;

(b) employment policy, aiming at more and better jobs with decent working conditions, including with a view to reducing the informal economy and informal employment;

(c) promoting active labour market measures and efficient employment services to modernise the labour markets and to adapt to labour market needs;

(d) fostering more inclusive labour markets and social safety systems that integrate disadvantaged people, including people with disabilities and people from minority groups;

(e) efficient management of labour migration, aiming at strengthening its positive impact on development;

(f) equal opportunities, aiming at enhancing gender equality and ensuring equal opportunities between women and men, as well as combating discrimination on all grounds;

(g) social policy, aiming at enhancing the level of social protection, including social assistance and social insurance, and modernising social protection systems, in terms of quality, accessibility and financial sustainability;

(h) enhancing the participation of social partners and promoting social dialogue, including through strengthening the capacity of all relevant stakeholders; and

(i) promoting health and safety at work.

Article 33.

The Parties shall encourage the involvement of all relevant stakeholders, including civil society organisations and in particular social partners, in policy development and reforms in the Republic of Moldova and in the cooperation between the Parties under this Agreement.

Article 34.

The Parties shall aim at enhancing cooperation on employment and social policy matters in all relevant regional, multilateral and international fora and organisations.

Article 35.

The Parties shall promote corporate social responsibility and accountability and encourage responsible business practices, such as those promoted by the UN Global Compact and the ILO tripartite declaration of principles concerning multina- tional enterprises and social policy.

Article 36.

A regular dialogue will take place on the issues covered by this Chapter.

Article 37.

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

Chapter 5. Consumer Protection

Article 38.

The Parties shall cooperate in order to ensure a high level of consumer protection and to achieve compatibility between their systems of consumer protection.

Article 39.

In order to achieve those objectives, the cooperation may comprise, when appropriate:

(a) aiming at the approximation of consumer legislation, based on the priorities in Annex IV to this Agreement, while avoiding barriers to trade for ensuring consumers' real choices;

(b) promoting exchange of information on consumer protection systems, including consumer legislation and its enforcement, consumer product safety, including market surveillance, consumer information systems and tools, consumer education, empowerment and consumer redress, and sales and service contracts concluded between traders and consumers;

(c) promoting training activities for administration officials and other consumer interest representatives; and (d) encouraging the development of independent consumer associations, including non-governmental consumer organ-

isations (NGOs), and contacts between consumer representatives, as well as collaboration between authorities and NGOs in the field of consumer protection.

Article 40.

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

Chapter 6. Statistics

Article 41.

The Parties shall develop and strengthen their cooperation on statistical issues, thereby contributing to the long-term objective of providing timely, internationally comparable and reliable statistical data. It is expected that a sustainable, efficient and professionally independent national statistical system shall produce information relevant for citizens, businesses and decision makers in the EU and in the Republic of Moldova, enabling them to take informed decisions on that basis. The national statistical system should respect the UN Fundamental Principles of Official Statistics, taking into account the EU acquis in statistics, including the European Statistics Code of Practice, in order to align the national statistical system with the European norms and standards.

Article 42.

Cooperation shall aim at:

(a) further strengthening the capacity of the national statistical system, focusing on the sound legal basis, production of adequate data and metadata, dissemination policy and user-friendliness, taking into account various groups of users, including public and private sectors, the academic community and other users;

(b) progressive alignment of the statistical system of the Republic of Moldova with the European Statistical System;

(c) fine-tuning of data provision to the EU, taking into account the application of relevant international and European methodologies, including classifications;

(d) enhancing the professional and management capacity of the national statistical staff to facilitate the application of EU statistical standards and to contribute to the development of the statistical system of the Republic of Moldova;

(e) exchanging experience between the Parties on the development of statistical know-how; and

(f) promoting total quality management of all statistical production processes and dissemination.

Article 43.

The Parties shall cooperate within the framework of the European Statistical System in which Eurostat is the European statistical authority. The cooperation shall include a focus on:

(a) demographic statistics, including censuses, and social statistics;

(b) agricultural statistics, including agricultural censuses and environment statistics;

(c) business statistics, including business registers and use of administrative sources for statistical purposes;

(d) macroeconomic statistics, including national accounts, foreign trade statistics, and foreign direct investment statistics; (e) energy statistics, including balances;

(f) regional statistics; and

(g) horizontal activities, including statistical classifications, quality management, training, dissemination and use of modern information technologies.

Article 44.

The Parties shall, inter alia, exchange information and expertise and shall develop their cooperation, taking into account the already accumulated experience in the reform of the statistical system launched within the framework of various assistance programmes. Efforts shall be directed towards further alignment with the EU acquis in statistics, on the basis of the national strategy for the development of the statistical system of the Republic of Moldova, and taking into account the development of the European Statistical System. The emphasis in the statistical data production process shall be the further development of sample surveys and usage of administrative records, while taking into account the need to reduce the response burden. The data shall be relevant for the designing and monitoring of policies in key areas of social and economic life.

Article 45.

A regular dialogue shall take place on the issues covered by this Chapter. To the extent possible, the activities undertaken within the European Statistical System, including training, should be open for the participation of the Republic of Moldova.

Article 46.

1. The Parties undertake to establish and revise on a periodic basis a programme of gradual approximation of the legislation of the Republic of Moldova to the EU acquis in the field of statistics.

2. The EU acquis in the field of statistics is set out in the annually updated Statistical Requirements Compendium, which is considered by the Parties as annexed to this Agreement (Annex V).

Chapter 7. Management of Public Finances: Budget Policy, Internal Control, Financial Inspection and External Audit

Article 47.

Cooperation in the field covered by this Chapter will focus on the implementation of international standards as well as EU good practice in this field, which will contribute to the development of a modern public finance management system in the Republic of Moldova, compatible with basic EU and international principles of transparency, accountability, economy, efficiency and effectiveness.

Article 48. Budget and Accounting Systems

The Parties shall cooperate in relation to:

(a) improvement and systematisation of regulatory documents on the budgetary, treasury, accounting and reporting systems and their harmonisation on the basis of international standards, respecting also good practice in the EU public sector;

(b) continuous development of multi-annual budget planning and the alignment to EU good practice;

(c) studying the practices of the European countries in inter-budget relations, in order to improve this field in the Republic of Moldova;

(d) fostering approximation of procurement procedures with existing practices in the EU; and

(e) exchange of information, experiences and good practice, including through personnel exchange and joint training in this field.

Article 49. Internal Control, Financial Inspection and External Audit

The Parties shall also cooperate in relation to:

(a) further improvement of the internal control system (including a functionally independent internal audit function) in state and local authorities by means of harmonisation with generally accepted international standards and methodologies and EU good practice;

(b) the development of an adequate financial inspection system that will complement but not duplicate the internal audit function and will ensure adequate control coverage of government income and expenditure during a transitional period and thereafter;

(c) effective cooperation between the actors involved in financial management and control, audit and inspection with the actors for budget, treasury and accounting to foster the development of governance;

(d) strengthening the competences of the Central Harmonisation Unit for the Public Internal Financial Control (PIFC);

(e) the implementation of internationally accepted external audit standards by the International Organisation of Supreme Audit Institutions (INTOSAI); and

(f) exchange of information, experiences and good practice through, inter alia, personnel exchange and joint training in this field.

Article 50. Fight Against Fraud and Corruption

The Parties shall also cooperate in relation to: (a) exchanging information, experience and good practice;

(b) improving methods to combat and prevent fraud and corruption in the areas covered by this Chapter, including co-operation between relevant administrative bodies; and

(c) ensuring effective cooperation with the relevant EU institutions and bodies, in the case of on-the-spot checks, inspections and audits related to the management and control of EU funds, according to relevant rules and procedures.

Article 51.

  • 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