EU - Moldova, Republic of Association Agreement (2014)
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In order to ensure compliance with the provisions of this Chapter the Parties shall, inter alia:

(a) exchange information concerning customs legislation and procedures;

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

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

(d) exchange, where appropriate, information and data subject to respect of the confidentiality of data and standards and regulations on protection of personal data;

(e) cooperate in preventing and combating illicit cross-border traffic in goods, including in tobacco products;

(f) exchange information or enter into consultations with a view to establishing, where possible, common positions in international organisations in the field of customs such as the WTO, the WCO, the UN, the United Nations Confer- ence on Trade and Development (Unctad) and the UNECE;

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

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

(i) promote coordination between all border authorities of the Parties to facilitate the border crossing process and enhance control, taking into account joint border controls, where feasible and appropriate; and

(j) establish, where relevant and appropriate, mutual recognition of trade partnership programmes and customs controls, including equivalent trade facilitation measures.

Article 198. Mutual Administrative Assistance In Customs Matters

Without prejudice to other forms of cooperation envisaged in this Agreement, in particular in Article 197 of this Agreement, the Parties shall provide each other with mutual administrative assistance in customs matters in accordance with the provisions of Protocol III on Mutual Administrative Assistance in Customs Matters to this Agreement.

Article 199. Technical Assistance and Capacity Building

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

Article 200. Customs Sub-Committee

1. The Customs Sub-Committee is hereby established. It shall report to the Association Committee in Trade configura- tion, as set out in Article 438 (4) of this Agreement.

2. The function of the Sub-Committee shall include regular consultations and monitoring of the implementation and the administration of this Chapter, including the matters of customs cooperation, cross-border customs cooperation and management, technical assistance, rules of origin, trade facilitation, as well as mutual administrative assistance in customs matters.

3. The Customs Sub-Committee shall inter-alia:

(a) see to the proper functioning of this Chapter and of Protocols II and III to this Agreement;

(b) adopt practical arrangements, measures and decisions to implement this Chapter and Protocols II and III to this Agreement, including on exchange of information and data, mutual recognition of customs controls and trade partnership programmes, and mutually agreed benefits;

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

(d) make recommendations where appropriate; and

(e) adopt its internal rules of procedure.

Article 201. Approximation of Customs Legislation

Gradual approximation to the Union's customs law and certain international law shall be carried out as set out in Annex XXVI to this Agreement.

Chapter 6. Establishment, Trade In Services and Electronic Commerce

Section 1. General Provisions

Article 202. Objective, Scope and Coverage

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

2. Government procurement is covered in Chapter 8 (Public Procurement) of Title V (Trade and Trade-related Matters) of this Agreement. Nothing in this Chapter shall be construed to impose any obligation with respect to government procurement.

3. Subsidies are covered in Chapter 10 (Competition) of Title V (Trade and Trade-related Matters) of this Agreement. The provisions of this Chapter shall not apply to subsidies granted by the Parties.

4. In accordance with the provisions of this Chapter, each Party retains the right to regulate and to introduce new regulations to meet legitimate policy objectives.

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

6. Nothing in this Chapter shall prevent a Party from applying measures to regulate the entry of natural persons into, or their temporary stay in, its territory, including those measures necessary to protect the integrity of, and to ensure the orderly movement of natural persons across its borders, provided that those measures are not applied in such a manner as to nullify or impair the benefits accruing to any Party under the terms of a specific commitment in this Chapter and Annexes XXVII and XXVIII to this Agreement (1).

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

Article 203. Definitions

For the purposes of this Chapter:

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

(2) "measures" adopted or maintained by a Party's means measures taken by:

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

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

(3) "natural person of a Party" means a national of an EU Member State or a national of the Republic of Moldova according to respective legislation;

(4) "juridical person" means any legal entity duly constituted or otherwise organised under applicable law, whether for profit or otherwise, and whether privately-owned or governmentally-owned, including any corporation, trust, part- nership, joint venture, sole proprietorship or association;

(5) "juridical person of the Union" or "juridical person of the Republic of Moldova" means a juridical person as defined in point 4 set up in accordance with the law of a Member State or of the Republic of Moldova, respectively, and having its registered office, central administration, or principal place of business in the territory to which the Treaty on the Functioning of the European Union applies (1) or in the territory of the Republic of Moldova, respectively.

Should that juridical person have only its registered office or central administration in the territory to which the Treaty on the Functioning of the European Union applies or in the territory of the Republic of Moldova, respectively, it shall not be considered as a juridical person of the Union or a juridical person of the Republic of Moldova respectively, unless its operations possess a real and continuous link with the economy of the Union or of the Republic of Moldova, respectively.

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

(6) "subsidiary" of a juridical person of a Party means a legal person which is effectively controlled by another juridical person of that Party (2);

(7) "branch" of a juridical person means a place of business not having legal personality which has the appearance of permanency, such as the extension of a parent body, has a management structure and is materially equipped to negotiate business with third parties so that the latter, although knowing that there will if necessary be a legal link with the parent body, the head office of which is abroad, do not have to deal directly with such parent body but may transact business at the place of business constituting the extension;

(8) "establishment" means:

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

(b) as regards natural persons, the right of natural persons of the Union or of the Republic of Moldova to take up and pursue economic activities as self-employed persons and to set up undertakings, in particular companies, which they effectively control;

(9) "economic activities" shall include activities of an industrial, commercial and professional character and activities of craftsmen and do not include activities performed in the exercise of governmental authority;

(10) "operations" means the pursuit of economic activities;

(11) "services" includes any service in any sector except services supplied in the exercise of governmental authority;

(12) "services and other activities performed in the exercise of governmental authority" means services or activities which are performed neither on a commercial basis nor in competition with one or more economic operators;

(13) "cross-border supply of services" means the supply of a service:

(a) from the territory of a Party into the territory of the other Party (Mode 1); or

(b) in the territory of a Party to the service consumer of the other Party (Mode 2);

(14) "service supplier" of a Party means any natural or juridical person of a Party that seeks to supply or supplies a service;

(15) "entrepreneur" means any natural or juridical person of a Party that seeks to perform or performs an economic activity through setting up an establishment.

(1) For greater certainty, that territory shall include the exclusive economic zone and continental shelf, as provided in the United Nations Convention on the Law of the Sea (UNCLOS).
(2) A juridical person is controlled by another juridical person if the latter has the power to name a majority of its directors or otherwise to legally direct its actions.

Section 2. Establishment

Article 204. Scope

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

(a) mining, manufacturing and processing (1) of nuclear materials;

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

(c) audiovisual services;

(d) national maritime cabotage (2); and

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

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

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

(iii) computer reservation system (CRS) services;

(iv) ground-handling services;

(v) airport operation services.

(1) For greater certainty, processing of nuclear materials includes all the activities contained in UN ISIC Rev.3.1 code 2330.
(2) Without prejudice to the scope of activities which may be considered as cabotage under the relevant domestic legislation, national maritime cabotage under this chapter covers transportation of passengers or goods between a port or point located in a Member State or in the Republic of Moldova and another port or point located in a Member State or in the Republic of Moldova, including on its continental shelf, as provided in the UNCLOS, and traffic originating and terminating in the same port or point located in a Member State or in the Republic of Moldova.
(3) The conditions of mutual market access in air transport shall be dealt with by the Agreement between the EU and its Member States and the Republic of Moldova on the establishment of a Common Aviation Area.

Article 205. National Treatment and Most-favoured-nation Treatment

1. Subject to reservations listed in Annex XXVII-E to this Agreement, the Republic of Moldova shall grant, upon entry into force of this Agreement:

(a) as regards the establishment of subsidiaries, branches and representative offices of juridical persons of the Union, treatment no less favourable than that accorded by the Republic of Moldova to its own juridical persons, their branches and representative offices, or to subsidiaries, branches and representative offices of any third country's juridical persons, whichever is better;

(b) as regards the operation of subsidiaries, branches and representative offices of juridical persons of the Union in the Republic of Moldova, once established, treatment no less favourable than that accorded by the Republic of Moldova to its own juridical persons, their branches and representative offices, or to subsidiaries, branches and representative offices of any third country's juridical persons, whichever is better. (4)

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

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

a) as regards the establishment of subsidiaries, branches and representative offices of juridical persons of the Republic of Moldova, treatment no less favourable than that accorded by the Union to its own juridical persons, their branches and representative offices, or to subsidiaries, branches and representative offices of any third country's juridical persons, whichever is better;

(b) as regards the operation of subsidiaries, branches and representative offices of juridical persons of the Republic of Moldova in the Union, once established, treatment no less favourable than that accorded by the Union to its own juridical persons, their branches and representative offices, or to subsidiaries, branches and representative offices of any third country's juridical persons, whichever is better. (1)

3. Subject to reservations listed in Annexes XXVII-A and XXVII-E to this Agreement, the Parties shall not adopt any new regulations or measures which introduce discrimination as regards the establishment of juridical persons of the  Union or of the Republic of Moldova on their territory or in respect of their operation, once established, by comparison with their own juridical persons.

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

Article 206. Review

1. With a view to progressively liberalising the establishment conditions, the Parties shall regularly review the establishment legal framework (2) and the establishment environment, consistent with their commitments in international agreements.

2. In the context of the review referred to in paragraph 1, the Parties shall assess any obstacles to establishment that have been encountered. With a view to deepening the provisions of this Chapter, the Parties shall find appropriate ways to address such obstacles, which could include further negotiations, including with respect to investment protection and to investor-to-state dispute settlement procedures.

 (2) This includes this Chapter and Annexes XXVII-A and XXVILE to this Agreement.

Article 207. Other Agreements

Nothing in this Chapter shall be construed to limit the rights of entrepreneurs of the Parties to benefit from any more favourable treatment provided for in any existing or future international agreement relating to investment to which a Member State and the Republic of Moldova are parties.

Article 208. Standard of Treatment for Branches and Representative Offices

1. The provisions of Article 205 of this Agreement do not preclude the application by a Party of particular rules concerning the establishment and operation in its territory of branches and representative offices of juridical persons of another Party not incorporated in the territory of the first Party, which are justified by legal or technical differences  between such branches and representative offices as compared to branches and representative offices of juridical persons incorporated in its territory or, as regards financial services, for prudential reasons.

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

Section 3. Cross-border Supply of Services

Article 209. Scope

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

(a) audiovisual services;

(b) national maritime cabotage (1); and

(c) domestic and international air transport services (2), whether scheduled or non-scheduled, and services directly related to the exercise of traffic rights other than:

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

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

(iii) computer reservation system (CRS) services;

(iv) ground-handling services;

(v) airport operation services.

(1) Without prejudice to the scope of activities which may be considered as cabotage under the relevant domestic legislation, national maritime cabotage under this Chapter covers transportation of passengers or goods between a port or point located in a Member State or in the Republic of Moldova and another port or point located in a Member State or in the Republic of Moldova, including on its continental shelf, as provided in the UNCLOS, and traffic originating and terminating in the same port or point located in a Member State or in the Republic of Moldova.
(2) The conditions of mutual market access in air transport shall be dealt with by the Agreement between the EU and its Member States and the Republic of Moldova on the establishment of a Common Aviation Area.

Article 210. Market Access

1. With respect to market access through the cross-border supply of services, each Party shall accord services and service suppliers of the other Party a treatment not less favourable than that provided for in the specific commitments contained in Annexes XXVII-B and XXVII-F to this Agreement.

2. In sectors where market access commitments are undertaken, the measures which a Party shall not maintain or adopt, either on the basis of a regional subdivision or on the basis of its entire territory, unless otherwise specified in Annexes XXVII-B and XXVII-F to this Agreement, are defined as:

(a) limitations on the number of services suppliers whether in the form of numerical quotas, monopolies, exclusive service suppliers or the requirement of an economic needs test;

(b) limitations on the total value of service transactions or assets in the form of numerical quotas or the requirement of an economic needs test;

(c) limitations on the total number of service operations or on the total quantity of service output expressed in the terms of designated numerical units in the form of quotas or the requirement of an economic needs test.

Article 211. National Treatment

1. In the sectors where market access commitments are inscribed in Annexes XXVII-B and XXVII-F to this Agreement, and subject to any conditions and qualifications set out therein, each Party shall grant to services and service suppliers of the other Party, in respect of all measures affecting the cross-border supply of services, treatment no less favourable than that it accords to its own like services and services suppliers.

2. A Party may meet the requirement provided for in paragraph 1 by according to services and service suppliers of the other Party either formally identical treatment or formally different treatment to that which it accords to its own like services and service suppliers.

3. Formally identical or formally different treatment shall be considered to be less favourable if it modifies the conditions of competition in favour of services or service suppliers of the Party compared to like services or service suppliers of the other Party.

4. Specific commitments entered into under this Article shall not be construed to require any Party to compensate for inherent competitive disadvantages which result from the foreign character of the relevant services or services suppliers.

Article 212. Lists of Commitments

1. The sectors liberalised by each of the Parties pursuant to this Section and, by means of reservations, the market access and national treatment limitations applicable to services and services suppliers of the other Party in those sectors are set out in lists of commitments included in Annexes XXVII-B and XXVILF to this Agreement.

2. Without prejudice to Parties' rights and obligations as they exist or may arise under the European Convention on Transfrontier Television and the European Convention on Cinematographic Co-production, lists of commitments in Annexes XXVII-B and XXVII-F to this Agreement do not include commitments on audiovisual services.

Article 213. Review

With a view to the progressive liberalisation of the cross-border supply of services between the Parties, the Association Committee in Trade configuration, as set out in Article 438(4) of this Agreement, shall regularly review the list of commitments referred to in Article 212 of this Agreement. This review shall take into account, inter alia, the process of gradual approximation, referred to in Articles 230, 240, 249 and 253 of this Agreement, and its impact on the elimination of remaining obstacles to cross-border supply of services between the Parties.

Section 4. Temporary Presence of Natural Persons for Business Purposes

Article 214. Scope and Definitions

1. This Section applies to measures of the Parties concerning the entry and temporary stay in their territories of key personnel, graduate trainees and business sellers, contractual service suppliers and independent professionals, without prejudice to Article 202(5) of this Agreement.

2. For the purposes of this Section:

(a) "key personnel" means natural persons employed within a juridical person of one Party other than a non-profit organisation (1) and who are responsible for the setting up or the proper control, administration and operation of an establishment. "Key personnel" comprises "business visitors" for establishment purposes and "intra-corporate transferees":

(') The reference to "other than a non-profit organisation" only applies for Belgium, Czech Republic, Denmark, Germany, Estonia, Ireland, Greece, Spain, France, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Austria, Portugal, Slovenia, Finland and United Kingdom.

(i) "business visitors" for establishment purposes means natural persons working in a senior position who are responsible for setting up an establishment. They do not offer or provide services or engage in any economic activity other than that required for establishment purposes. They do not receive remuneration from a source located within the host Party;

(i) "intra-corporate transferees" means natural persons who have been employed by a juridical person or have been partners in it for at least one year and who are temporarily transferred to an establishment that may be a subsidiary, branch or head company of the enterprise/juridical person in the territory of the other Party. The natural person concerned shall belong to one of the following categories:

(1) managers: persons working in a senior position within a juridical person, who primarily direct the manage- ment of the establishment, receiving general supervision or direction principally from the board of directors or from stockholders of the business or their equivalent, including at least:

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

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

- having the authority personally to recruit and dismiss or recommend recruiting, dismissing or other personnel actions;

(2) specialists: persons working within a juridical person who possess uncommon knowledge essential to the establishment's production, research equipment, techniques, processes, procedures or management. In assessing such knowledge, account will be taken not only of knowledge specific to the establishment, but also of whether the person has a high level of qualification referring to a type of work or trade requiring specific technical knowledge, including membership of an accredited profession;

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

(c) "business sellers" (2) means natural persons who are representatives of a services or goods supplier of one Party seeking entry and temporary stay in the territory of the other Party for the purpose of negotiating the sale of services or goods, or entering into agreements to sell services or goods for that supplier. They do not engage in making direct sales to the general public and do not receive remuneration from a source located within the host Party, nor are they commission agents;

(d) "contractual services suppliers" means natural persons employed by a juridical person of one Party which itself is not an agency for placement and supply services of personnel nor acting through such an agency, has no establishment in the territory of the other Party and has concluded a bona fide contract to supply services with a final consumer in the latter Party, requiring the presence on a temporary basis of its employees in that Party, in order to fulfil the contract to provide services (3);

(e) "independent professionals" means natural persons engaged in the supply of a service and established as self-employed in the territory of a Party who have no establishment in the territory of the other Party and who have concluded a bona fide contract (other than through an agency for placement and supply services of personnel) to supply services with a final consumer in the latter Party, requiring their presence on a temporary basis in that Party in order to fulfil the contract to provide services (4);

(f) "qualifications" means diplomas, certificates and other evidence (of formal qualification) issued by an authority designated pursuant to legislative, regulatory or administrative provisions and certifying successful completion of professional training.

(1) The recipient establishment may be required to submit a training programme covering the duration of the stay for prior approval, demonstrating that the purpose of the stay is for training. For Czech Republic, Germany, Spain, France, Hungary and Austria, training is required to be linked to the university degree which has been obtained.
(2) United Kingdom: The category of business sellers is only recognised for services sellers.
(3) The service contract referred to under points (d) and (e) shall comply with the requirements of the laws, and regulations and requirements of the Party where the contract is executed.
(4) The service contract referred to under points (d) and (e) shall comply with the requirements of the laws, and regulations and requirements of the Party where the contract is executed.

Article 215. Key Personnel and Graduate Trainees

  • 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