(a) which it considers necessary to prevent the disclosure of information contrary to its essential security interests;
(b) which relate to the production of, or trade in, arms, munitions or war materiel or to research, development or production indispensable for defence purposes, provided that such measures do not impair the conditions of competition in respect of products not intended for specifically military purposes; and
(c) which it considers essential to its own security, in the event of serious internal disturbances affecting the maintenance of law and order, in time of war or serious international tension constituting threat of war, or in order to carry out obligations it has accepted for the purpose of maintaining peace and international security.
Article 447. Non-discrimination
1. In the fields covered by this Agreement and without prejudice to any special provisions contained therein:
(a) the arrangements applied by the Republic of Moldova in respect of the Union or the Member States shall not give rise to any discrimination between the Member States, their nationals, companies or firms; and
(b) the arrangements applied by the Union or the Member States in respect of the Republic of Moldova shall not give rise to any discrimination between nationals, companies or firms of the Republic of Moldova.
2. The provisions of paragraph 1 shall be without prejudice to the right of the Parties to apply the relevant provisions of their fiscal legislation to taxpayers who are not in identical situations as regards their place of residence.
Article 448. Gradual Approximation
The Republic of Moldova shall carry out gradual approximation of its legislation to EU law and international instruments as referred to in the Annexes to this Agreement, based on commitments identified in this Agreement, and according to the provisions of those Annexes. This provision shall be without prejudice to any specific provisions and obligations on approximation under Title V (Trade and Trade-related Matters) of this Agreement.
Article 449. Dynamic Approximation
In line with the goal of gradual approximation by the Republic of Moldova of its legislation to EU law, and in particular as regards the commitments identified in Titles III, IV, V and VI of this Agreement, and according to the provisions of the Annexes to this Agreement, the Association Council shall periodically revise and update those Annexes, including to take into account the evolution of EU law, as defined in this Agreement. This provision shall be without prejudice to any specific provisions under Title V (Irade and Trade-related Matters) of this Agreement.
Article 450. Monitoring
Monitoring shall mean the continuous appraisal of progress in implementing and enforcing measures covered by this Agreement. The Parties will cooperate in order to facilitate the monitoring process in the framework of the institutional bodies established by this Agreement.
Article 451. Assessment of Approximation
1. The EU shall assess the approximation of the law of the Republic of Moldova to EU law, as defined in this Agreement. This includes aspects of implementation and enforcement. Those assessments may be conducted by the EU individually, by the EU in agreement with the Republic of Moldova, or jointly by the Parties. To facilitate the assessment process, the Republic of Moldova shall report to the EU on progress in approximation, where appropriate before the end of the transitional periods set out in this Agreement in relation to EU legal acts. The reporting and assessment process, including modalities and frequency of assessments, will take into account specific modalities laid down in this Agreement or decisions by the institutional bodies established by this Agreement.
2. Assessment of approximation may include on-the-spot missions, with the participation of EU institutions, bodies and agencies, non-governmental bodies, supervisory authorities, independent experts and others, as necessary.
Article 452. Results of Monitoring, Including Assessments of Approximation
1. The results of monitoring activities, including the assessments of approximation as set out in Article 451 of this Agreement, shall be discussed in all relevant bodies established under this Agreement. Such bodies may adopt joint recommendations, agreed unanimously, which shall be submitted to the Association Council.
2. If the Parties agree that necessary measures covered by Title V (Trade and Trade-related Matters) of this Agreement have been implemented and are being enforced, the Association Council, under the powers conferred on it by Article 436 of this Agreement, shall agree on further market opening as defined in Title V (Trade and Trade-related Matters) of this Agreement.
3. A joint recommendation as referred to in paragraph 1 of this Article, submitted to the Association Council, or the failure to reach such a recommendation, shall not be subject to dispute settlement as defined in Title V (Trade and Trade-related Matters) of this Agreement. A decision taken by the relevant body established under this Agreement, or failure to take such a decision, shall not be subject to dispute settlement as defined in Title V (Trade and Trade-related Matters) of this Agreement.
Article 453. Fulfilment of Obligations
1. The Parties shall take any general or specific measures required to fulfil their obligations under this Agreement. They shall ensure that the objectives set out in this Agreement are attained.
2. The Parties agree to consult promptly through appropriate channels at the request of either Party, to discuss any matter concerning the interpretation, implementation, or good faith application of this Agreement and other relevant aspects of the relations between the Parties.
3. The Parties shall refer to the Association Council any dispute related to the interpretation, implementation, or good faith application of this Agreement in accordance with Article 454 of this Agreement. The Association Council may settle a dispute by means of a binding decision.
Article 454. Dispute Settlement
1. When a dispute arises between the Parties concerning the interpretation, implementation, or good faith application of this Agreement, any Party shall submit to the other Party and the Association Council a formal request that the matter in dispute be resolved. By way of derogation, disputes concerning the interpretation, implementation, or good faith application of Title V (Trade and Trade-related Matters) shall be exclusively governed by Chapter 14 (Dispute Settlement) of that Title.
2. The Parties shall endeavour to resolve the dispute by entering into good faith consultations within the Association Council and other relevant bodies referred to in Articles 437 and 439 of this Agreement, with the aim of reaching a mutually acceptable solution in the shortest time possible.
3. The Parties shall provide the Association Council and other relevant bodies with all information required for a thorough examination of the situation.
4. As long as a dispute is not resolved, it shall be discussed at every meeting of the Association Council. A dispute shall be deemed to be resolved when the Association Council has taken a binding decision to settle the matter as provided for in paragraph 3 of Article 453 of this Agreement, or when it has declared that the dispute has ended. Consultations on a dispute can also be held at any meeting of the Association Committee or any other relevant body referred to in Article 439 of this Agreement, as agreed between the Parties or at the request of either of the Parties. Consultations may also be held in writing.
5. All information disclosed during the consultations shall remain confidential.
Article 455. Appropriate Measures In Case of Non-fulfilment of Obligations
1. A Party may take appropriate measures if the matter at issue is not resolved within three months of the date of notification of a formal request for dispute settlement according to Article 454 of this Agreement and if the complaining Party continues to consider that the other Party has failed to fulfil an obligation under this Agreement. The requirement for a three-month consultation period shall not apply to exceptional cases set out in paragraph 3 of this Article.
2. In the selection of appropriate measures, priority shall be given to those which least disturb the functioning of this Agreement. Except in the cases described in paragraph 3 of this Article, such measures may not include the suspension of any rights or obligations provided for under provisions of this Agreement set out in Title V (Trade and Trade-related Matters). The measures taken under paragraph 1 of this Article shall be notified immediately to the Association Council and shall be the subject of consultations in accordance with paragraph 2 of Article 453, and of dispute settlement in accordance with paragraph 3 of Article 453 and Article 454 of this Agreement.
3. The exceptions referred to in paragraphs 1 and 2 shall concern:
(a) denunciation of this Agreement not sanctioned by the general rules of international law; or
(b) violation by the other Party of any of the essential elements of this Agreement, referred to in Article 2 of Title I (General Principles) of this Agreement.
Article 456. Relation to other Agreements
1. The Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Moldova, of the other part, signed in Luxembourg on 28 November 1994 and which entered into force on 1 July 1998, is hereby repealed.
2. This Agreement replaces the agreement referred to in paragraph 1. References to that agreement in all other agreements between the Parties shall be construed as references to this Agreement.
3. This Agreement replaces the Agreement between the European Union and the Republic of Moldova on the protec- tion of geographical indications of agricultural products and foodstuffs, signed on 26 June 2012 in Brussels and which entered into force on 1 April 2013.
Article 457.
1. This Agreement shall not, until equivalent rights for individuals and economic operators have been achieved under this Agreement, affect rights ensured to them through existing agreements binding one or more Member States, on the one hand, and the Republic of Moldova, on the other hand.
2. Existing agreements relating to specific areas of cooperation falling within the scope of this Agreement shall be considered part of the overall bilateral relations as governed by this Agreement and as forming part of a common institutional framework.
Article 458.
1. The Parties may complement this Agreement by concluding specific agreements in any area falling within its scope. Such agreements shall be an integral part of the overall bilateral relations as governed by this Agreement and shall form part of a common institutional framework.
2. Without prejudice to the relevant provisions of the Treaty on European Union and the Treaty on the Functioning of the European Union, neither this Agreement nor action taken hereunder shall in any way affect the powers of the Member States to undertake bilateral cooperation activities with the Republic of Moldova or to conclude, where appropriate, new cooperation agreements with the Republic of Moldova.
Article 459. Annexes and Protocols
The Annexes and Protocols to this Agreement shall form an integral part of this Agreement.
Article 460. Duration
1. This Agreement is concluded for an unlimited period.
2. Either Party may denounce this Agreement by notifying the other Party. This Agreement shall terminate six months from the date of receipt of such notification.
Article 461. Definition of the Parties
For the purposes of this Agreement, the term "the Parties" means the EU, or its Member States, or the EU and its Member States, in accordance with their respective powers as derived from the Treaty on European Union and the Treaty on the Functioning of the European Union, and, where relevant, it also means Euratom, in accordance with its powers under the Treaty establishing the European Atomic Energy Community, of the one part, and the Republic of Moldova, of the other part.
Article 462. Territorial Application
1. This Agreement shall apply, of the one part, to the territories in which the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community are applied and under the conditions laid down in those Treaties, and, without prejudice to paragraph 2 of this Article, of the other part, to the territory of the Republic of Moldova.
2. The application of this Agreement, or of Title V (Trade and Trade-related Matters) thereof, in relation to those areas of the Republic of Moldova over which the Government of the Republic of Moldova does not exercise effective control, shall commence once the Republic of Moldova ensures the full implementation and enforcement of this Agreement, or of Title V (Trade and Trade-related Matters) thereof, respectively, on its entire territory.
3. The Association Council shall adopt a decision on when the full implementation and enforcement of this Agreement, or of Title V (Trade and Trade-related Matters) thereof, on the entire territory of the Republic of Moldova is ensured.
4. Should a Party consider that the full implementation and enforcement of this Agreement, or of Title V (Trade and Trade-related Matters) thereof, is no longer ensured in the areas of the Republic of Moldova referred to in paragraph 2 of this Article, that Party may request the Association Council to reconsider the continued application of this Agreement, or of Title V (Trade and Trade-related Matters) thereof, respectively, in relation to the areas concerned. The Association Council shall examine the situation and adopt a decision on the continued application of this Agreement, or of Title V (Trade and Trade-related Matters) thereof, within three months of the request. If the Association Council does not adopt a decision within three months of the request, the application of this Agreement, or of Title V (Trade and Trade-related Matters) thereof, shall be suspended in relation to the areas concerned until the Association Council adopts a decision.
5. Decisions of the Association Council under this Article on the application of Title V (Trade and Trade-related Matters) of this Agreement shall cover the entirety of that Title and cannot cover only parts thereof.
Article 463. Depositary of this Agreement
The General Secretariat of the Council of the European Union shall be the depositary of this Agreement.
Article 464. Entry Into Force and Provisional Application
1. The Parties shall ratify or approve this Agreement in accordance with their internal procedures. The instruments of ratification or approval shall be deposited with the General Secretariat of the Council of the European Union.
2. This Agreement shall enter into force on the first day of the second month following the date of the deposit of the last instrument of ratification or approval.
3. Notwithstanding paragraph 2 of this Article, the Union and the Republic of Moldova agree to provisionally apply this Agreement in part, as specified by the Union, as set out in paragraph 4 of this Article, and in accordance with their respective internal procedures and legislation, as applicable.
4. The provisional application shall be effective from the first day of the second month following the date of receipt by the depositary of this Agreement of the following:
(a) the Union's notification on the completion of the procedures necessary for this purpose, indicating the parts of the Agreement that shall be provisionally applied; and
(b) the Republic of Moldova's notification of the completion of the procedures necessary for the provisional application of this Agreement.
5. For the purposes of the relevant provisions of this Agreement, including its respective Annexes and Protocols, as laid down in Article 459, any reference in such provisions to the "date of entry into force of this Agreement" shall be understood to the "date from which this Agreement is provisionally applied" in accordance with paragraph 3 of this Article.
6. During the period of provisional application, in so far as the provisions of the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Moldova, of the other part, signed in Luxembourg on 28 November 1994 and which entered into force on 1 July 1998, are not covered by the provisional application of this Agreement, those provisions shall continue to apply.
7. Either Party may give written notification to the depositary of this Agreement of its intention to terminate the provisional application of this Agreement. Termination of provisional application shall take effect six months after receipt of the notification by the depositary of this Agreement.
Article 465. Authentic Texts
This Agreement shall be drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each text being equally authentic.
Conclusion
IN WITNESS WHEREOF, the undersigned Plenipotentiaries, duly empowered to this effect, have signed this Agreement.
FOR THE KINGDOM OF BELGIUM
This signature also commits the French Community, the Flemish Community, the German-speaking Community, the Walloon Region, the Flemish Region and the Brussels-Capital Region.
FOR THE REPUBLIC OF BULGARIA,
FOR THE CZECH REPUBLIC,
FOR THE KINGDOM OF DENMARK,
FOR THE FEDERAL REPUBLIC OF GERMANY,
FOR THE REPUBLIC OF ESTONIA,
FOR IRELAND,
FOR THE HELLENIC REPUBLIC,
FOR THE KINGDOM OF SPAIN,
FOR THE FRENCH REPUBLIC,
FOR THE REPUBLIC OF CROATIA,
FOR THE ITALIAN REPUBLIC,
FOR THE REPUBLIC OF CYPRUS,
FOR THE REPUBLIC OF LATVIA,
FOR THE REPUBLIC OF LITHUANIA,
FOR THE GRAND DUCHY OF LUXEMBOURG,
FOR HUNGARY,
FOR THE REPUBLIC OF MALTA,
FOR THE KINGDOM OF THE NETHERLANDS,
FOR THE REPUBLIC OF AUSTRIA,
FOR THE REPUBLIC OF POLAND,
FOR THE PORTUGUESE REPUBLIC,
FOR ROMANIA,
FOR THE REPUBLIC OF SLOVENIA,
FOR THE SLOVAK REPUBLIC,
FOR THE REPUBLIC OF FINLAND,
FOR THE KINGDOM OF SWEDEN,
FOR THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
FOR THE EUROPEAN UNION,
FOR THE EUROPEAN ATOMIC ENERGY COMMUNITY,
FOR THE REPUBLIC OF MOLDOVA
Attachments
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
Union
1. List of reservations on establishment: Annex XXVII-A
2. List of commitments on cross-border supply of services: Annex XXVII-B
3. List of reservations on key personnel, graduate trainees and business sellers: Annex XXVII-C
4.List of reservations on contractual services suppliers and independent professionals: Annex XXVII-D
Republic of Moldova
5. List of reservations on establishment: Annex XXVII-E
6. List of commitments on cross-border supply of services: Annex XXVII-F
7. List of reservations on key personnel, graduate trainees and business sellers: Annex XXVII-G
8. List of reservations on contractual services suppliers and independent professionals: Annex XXVII-H
The following abbreviations are used for the purpose of Annexes XXVII-A, XXVII-B, XXVII-C, XXVII-D:
AT Austria
BE Belgium
BG Bulgaria
CY Cyprus
CZ Czech Republic
DE Germany
DK Denmark
EU European Union, including all its Member States
ES Spain
EE Estonia
FI Finland
FR France
EL Greece
HR Croatia
HU Hungary
IE Ireland
IT Italy
LV Latvia
LT Lithuania
LU Luxembourg
MT Malta
NL The Netherlands
PL Poland
PT Portugal
RO Romania
SK Slovak Republic
SI Slovenia
SE Sweden
UK United Kingdom