EU - Moldova, Republic of Association Agreement (2014)
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5.   A mediator shall not be a citizen of either Party, unless the Parties agree otherwise.

6.   The mediator shall assist, in an impartial and transparent manner, the Parties in bringing clarity to the measure and its possible trade effects, and in reaching a mutually agreed solution. The Code of Conduct for Arbitrators and Mediators set out in Annex XXXIV to this Agreement shall apply to mediators, mutatis mutandis. Rules 3 to 7 (Notifications) and 41 to 45 (Translation and interpretation) of the Rules of Procedure of Annex XXXIII to this Agreement shall also apply, mutatis mutandis.

5. Rules of the Mediation Procedure

1.   Within 10 days after the appointment of the mediator, the Party having invoked the mediation procedure shall present, in writing, a detailed description of the problem to the mediator and to the other Party, in particular of the operation of the measure at issue and its trade effects. Within 20 days after the date of delivery of this description, the other Party may provide, in writing, its comments on the description of the problem. Either Party may include in its description or comments any information that it deems relevant.

2.   The mediator may decide on the most appropriate way of bringing clarity to the measure concerned and its possible trade effects. In particular, the mediator may organise meetings between the Parties, consult the Parties jointly or individually, seek the assistance of, or consult with, relevant experts and stakeholders and provide any additional support requested by the Parties. However, before seeking the assistance of, or consulting with, relevant experts and stakeholders, the mediator shall consult with the Parties.

3.   The mediator may offer advice and propose a solution for the consideration of the Parties. The Parties may accept or reject the proposed solution or agree on a different solution. However, the mediator shall not advise or give comments on the consistency of the measure at issue with this Agreement.

4.   The mediation procedure shall take place in the territory of the Party to which the request was addressed, or by mutual agreement in any other location or by any other means.

5.   The Parties shall endeavour to reach a mutually agreed solution within 60 days from the appointment of the mediator. Pending a final agreement, the Parties may consider possible interim solutions, especially if the measure relates to perishable goods.

6.   The solution may be adopted by means of a decision of the Association Committee in Trade configuration as set out in Article 438(4) of this Agreement. Either Party may make such a solution subject to the completion of any necessary internal procedures. Mutually agreed solutions shall be made publicly available. The version disclosed to the public may not contain any information that a Party has designated as confidential.

7.   On request of the Parties, the mediator shall issue to the Parties, in writing, a draft factual report, providing a brief summary of the measure at issue in these procedures, the procedures followed, and any mutually agreed solution reached as the final outcome of these procedures, including possible interim solutions. The mediator shall allow the Parties 15 days to comment on the draft report. After considering the comments of the Parties submitted within that period, the mediator shall submit, in writing, a final factual report to the Parties within 15 days. The factual report shall not include any interpretation of this Agreement.

8.   The procedure shall be terminated:

(a) by the adoption of a mutually agreed solution by the Parties, on the date of its adoption;

(b) by mutual agreement of the Parties at any stage of the procedure, on the date of that agreement;

(c) by a written declaration of the mediator, after consultation with the Parties, that further efforts at mediation would be to no avail, on the date of that declaration; or

(d) by a written declaration of a Party after exploring mutually agreed solutions under the mediation procedure and after having considered any advice and proposed solutions by the mediator, on the date of that declaration.

Section 2. Implementation

6. Implementation of a Mutually Agreed Solution

1.   Where the Parties have reached agreement on a solution, each Party shall take the measures necessary to implement the mutually agreed solution within the agreed timeframe.

2.   The implementing Party shall inform the other Party in writing of any steps or measures taken to implement the mutually agreed solution.

Section 3. General Provisions

7. Confidentiality and Relationship to Dispute Settlement

1.   Unless the Parties agree otherwise, and without prejudice to Article 5(6) of this Annex, all steps of the procedure, including any advice or proposed solution, are confidential. However, any Party may disclose to the public the fact that mediation is taking place.

2.   The mediation procedure is without prejudice to the Parties' rights and obligations under the provisions on Dispute Settlement of Chapter 14 (Dispute Settlement) of Title V (Trade and Trade-related Matters) of this Agreement or any other agreement.

3.   Consultations under Chapter 14 (Dispute Settlement) of Title V (Trade and Trade-related Matters) of this Agreement are not required before initiating the mediation procedure. However, a Party should normally avail itself of the other cooperation or consultation provisions provided for in this Agreement before initiating the mediation procedure.

4.   A Party shall not rely on or introduce as evidence in other dispute settlement procedures under this Agreement or any other agreement, nor shall a panel take into consideration:

(a) positions taken by the other Party in the course of the mediation procedure or information gathered under Articles 5(1) and 5(2) of this Annex;

(b) the fact that the other Party has indicated its willingness to accept a solution to the measure subject to mediation; or

(c) advice given or proposals made by the mediator.

5.   A mediator may not serve as member of a panel in a dispute settlement proceeding under this Agreement or under the WTO Agreement involving the same matter for which he/she has been a mediator.

8. Time Limits

Any time limit referred to in this Annex may be modified by mutual agreement between the Parties involved in the mediation procedures.

9. Costs

1.   Each Party shall bear its own expenses derived from its participation in the mediation procedure.

2.   The Parties shall share jointly and equally the expenses derived from organisational matters, including the remuneration and expenses of the mediator. The remuneration of the mediator shall be in accordance with that foreseen for the chairperson of an arbitration panel in accordance with rule 8(e) of the Rules of Procedure.

ANNEX XXXIII. RULES OF PROCEDURE FOR DISPUTE SETTLEMENT

General provisions

1. In Chapter 14 (Dispute settlement) of Title V (Trade and Trade-related Matters) of this Agreement and under these Rules:

(a) ‘adviser’ means a person retained by a Party to the dispute to advise or assist that Party in connection with the arbitration panel proceeding;

(b) ‘arbitrator’ means a member of an arbitration panel established under Article 385 of this Agreement;

(c) ‘arbitration panel’ means a panel established under Article 385 of this Agreement;

(d) ‘assistant’ means a person who, under the terms of appointment of an arbitrator, conducts research or provides assistance to that arbitrator;

(e) ‘complaining Party’ means any Party that requests the establishment of an arbitration panel under Article 384 of this Agreement;

(f) ‘day’ means a calendar day;

(g) ‘party complained against’ means the Party that is alleged to be in violation of the provisions referred to in Article 381 of this Agreement;

(h) ‘representative of a Party’ means an employee or any person appointed by a government department or agency or any other public entity of a Party who represents the Party for the purposes of a dispute under this Agreement.

2. The Party complained against shall be in charge of the logistical administration of the dispute settlement proceedings, in particular the organisation of hearings, unless otherwise agreed. The Parties shall share the expenses derived from organisational matters, including the remuneration and expenses of the arbitrators.

Notifications

3. Each Party to the dispute and the arbitration panel shall transmit any request, notice, written submission or other document by e-mail to the other Party and, as regards written submissions and requests in the context of arbitration, to each of the arbitrators. The arbitration panel shall circulate documents to the Parties also by e-mail. Unless proven otherwise, an e-mail message shall be deemed to be received on the date of its sending. If any of the supporting documents are above ten megabytes, they shall be provided in another electronic format to the other Party and, where relevant, to each of the arbitrators within two days from the sending of the e-mail.

4. A copy of the documents transmitted in accordance with rule 3 shall be submitted to the other Party and, where relevant, to each of the arbitrators on the day of sending the e-mail by facsimile transmission, registered post, courier, or delivery against receipt or any other means of telecommunication that provides a record of the sending thereof.

5. All notifications shall be addressed to the Ministry of Economy of the Republic of Moldova and to the Directorate-General for Trade of the European Commission, respectively.

6. Minor errors of a clerical nature in any request, notice, written submission or other document related to the arbitration panel proceeding may be corrected by delivery of a new document clearly indicating the changes.

7. If the last day for delivery of a document falls on an official holiday of the Union or of the Republic of Moldova, the document shall be deemed delivered within the deadline on the next business day.

Commencing the arbitration

8. (a) If, pursuant to Article 385 of this Agreement or to rule 20 of these Rules, an arbitrator is selected by drawing lots, the drawing of lots shall be carried out at a time and place decided by the complaining Party to be promptly communicated to the Party complained against. The Party complained against may, if it so chooses, be present during the drawing of lots. In any event, the drawing of lots shall be carried out with the Party/Parties that is/are present.

(b) If, pursuant to Article 385 of this Agreement or to rule 20 of these Rules, an arbitrator is selected by drawing lots and there are two chairs of the Association Committee in Trade configuration as set out in Article 438(4) of this Agreement, both chairs, or their delegates, or one chair alone in cases where the other chair or his delegate does not accept to participate in the drawing of lots, shall perform the selection.

(c) The Parties shall notify the selected arbitrators of their appointment.

(d) An arbitrator who has been appointed according to the procedure established in Article 385 of this Agreement shall confirm his/her availability to serve as an arbitrator to the Association Committee in Trade configuration as set out in Article 438(4) of this Agreement within five days of the date in which he/she was informed of his/her appointment. If a candidate declines the appointment for a justified reason, a new arbitrator shall be selected following the same procedure used for the selection of the unavailable candidate.

(e) Unless the Parties to the dispute agree otherwise, they shall meet the arbitration panel within seven days of its establishment in order to determine such matters as the Parties or the arbitration panel deem appropriate, including the remuneration and expenses to be paid to the arbitrators, which shall be in accordance with WTO standards. The remuneration for each arbitrator's assistant shall not exceed 50 % of the remuneration of that arbitrator. Arbitrators and representatives of the Parties to the dispute may take part in this meeting via telephone or video conference.

9. (a) Unless the Parties agree otherwise within five days from the date of selection of the arbitrators, the terms of reference of the arbitration panel shall be ‘to examine, in the light of the relevant provisions of the Agreement invoked by the parties to the dispute, the matter referred to in the request for establishment of the arbitration panel, to rule on the compatibility of the measure in question with the provisions referred to in Article 381 of this Agreement and to make a ruling in accordance with Articles 387 and 402 of this Agreement’.

(b) The Parties shall notify the agreed terms of reference to the arbitration panel within three days of their agreement.

Initial submissions

10. The complaining Party shall deliver its initial written submission no later than 20 days after the date of establishment of the arbitration panel. The Party complained against shall deliver its written counter-submission no later than 20 days after the date of receipt of the initial written submission.

Working of arbitration panels

11. The chairperson of the arbitration panel shall preside over all its meetings. An arbitration panel may delegate to the chairperson the authority to make administrative and procedural decisions.

12. Unless otherwise provided in Chapter 14 (Dispute settlement) of Title V (Trade and Trade-related Matters) of this Agreement, the arbitration panel may conduct its activities by any means, including telephone, facsimile transmissions or computer links.

13. Only arbitrators may take part in the deliberations of the arbitration panel, but the arbitration panel may permit its assistants to be present at its deliberations.

14. The drafting of any ruling shall remain the exclusive responsibility of the arbitration panel and shall not be delegated.

15. Where a procedural question arises that is not addressed by the provisions of Chapter 14 (Dispute settlement) of Title V (Trade and Trade-related Matters) of this Agreement and Annexes XXXII, XXXIII and XXXIV to this Agreement, the arbitration panel, after consulting the Parties, may adopt an appropriate procedure that is compatible with those provisions.

16. When the arbitration panel considers that there is a need to modify any of the time limits for its proceedings other than the time limits set out in Chapter 14 (Dispute settlement) of Title V (Trade and Trade-related Matters) of this Agreement or to make any other procedural or administrative adjustment, it shall inform the Parties to the dispute in writing of the reasons for the change or adjustment and of the period of time or adjustment needed.

Replacement

17. If an arbitrator is unable to participate in an arbitration panel proceeding, withdraws from it, or must be replaced because he/she does not comply with the requirements of the Code of Conduct, as set out in Annex XXXIV to this Agreement, a replacement shall be selected in accordance with Article 385 of this Agreement and rule 8 of these Rules.

18. Where a Party to the dispute considers that an arbitrator does not comply with the requirements of the Code of Conduct and for this reason should be replaced, this Party shall notify the other Party to the dispute within 15 days from the time at which it obtained evidence of the circumstances underlying the arbitrator's material violation of the Code of Conduct.

19. Where a Party to the dispute considers that an arbitrator other than the chairperson does not comply with the requirements of the Code of Conduct, the Parties to the dispute shall consult and, if they so agree, select a new arbitrator in accordance with Article 385 of this Agreement and rule 8 of these Rules.

If the Parties to the dispute fail to agree on the need to replace an arbitrator, any Party to the dispute may request that such matter be referred to the chairperson of the arbitration panel, whose decision shall be final.

If, pursuant to such a request, the chairperson finds that an arbitrator does not comply with the requirements of the Code of Conduct, the new arbitrator shall be selected in accordance with Article 385 of this Agreement and rule 8 of these Rules.

20. Where a Party considers that the chairperson of the arbitration panel does not comply with the requirements of the Code of Conduct, the Parties shall consult and, if they so agree, select a new chairperson in accordance with Article 385 of this Agreement and rule 8 of these Rules.

If the Parties fail to agree on the need to replace the chairperson, any Party may request that such matter be referred to one of the remaining members of the pool of individuals from the sub-list of chairpersons referred to in Article 404(1) of this Agreement. His/her name shall be drawn by lot by the chair of the Association Committee in Trade configuration as set out in Article 438(4) of this Agreement, or the chair's delegate within five days from the request. The decision by the so selected person on the need to replace the chairperson shall be final.

If the so selected person decides that the original chairperson does not comply with the requirements of the Code of Conduct, he/she shall select a new chairperson by lot among the remaining pool of individuals from the sub-list of chairpersons referred to in Article 404(1) of this Agreement. The selection of the new chairperson shall be carried out within five days of the date of the decision referred to in this paragraph.

21. The arbitration panel proceedings shall be suspended for the period taken to carry out the procedures provided for in rules 18, 19 and 20 of these Rules.

Hearings

22. The chairperson of the arbitration panel shall fix the date and time of the hearing in consultation with the Parties to the dispute and the other arbitrators, and shall confirm this in writing to the Parties to the dispute. This information shall also be made publicly available by the Party in charge of the logistical administration of the proceedings, unless the hearing is closed to the public. Unless a Party disagrees, the arbitration panel may decide not to convene a hearing.

23. Unless the Parties agree otherwise, the hearing shall be held in Brussels if the complaining Party is the Republic of Moldova, and in Chisinau if the complaining Party is the Union.

24. The arbitration panel may convene additional hearings, if the Parties so agree.

25. All arbitrators shall be present during the entirety of any hearings.

26. The following persons may attend the hearing, irrespective of whether the proceedings are open to the public or not:

(a) representatives of the Parties to the dispute;

(b) advisers to the Parties to the dispute;

(c) administrative staff, interpreters, translators and court reporters; and

(d) arbitrators' assistants.

Only the representatives and advisers of the Parties to the dispute may address the arbitration panel.

27. No later than five days before the date of a hearing, each Party to the dispute shall deliver to the arbitration panel a list of the names of individuals who will make oral arguments or presentations at the hearing on behalf of that Party and of other representatives or advisers attending the hearing.

28. The arbitration panel shall conduct the hearing in the following manner, ensuring that the complaining Party and the Party complained against are afforded equal time:

Argument

(a) argument of the complaining Party;

(b) counter-argument of the Party complained against;

Rebuttal Argument

(a) argument of the complaining Party;

(b) counter-argument of the Party complained against.

29. The arbitration panel may direct questions to either Party to the dispute at any time during the hearing.

30. The arbitration panel shall arrange for a transcript of each hearing to be prepared and delivered as soon as possible to the Parties to the dispute. The Parties to the dispute may comment on the transcript, and the arbitration panel may consider those comments.

31. Each Party to the dispute may deliver a supplementary written submission concerning any matter that arose during the hearing within 10 days of the date of the hearing.

Questions in writing

32. The arbitration panel may at any time during the proceedings address questions in writing to one or both Parties to the dispute. Each Party to the dispute shall receive a copy of any questions put by the arbitration panel.

33. A Party to the dispute shall also provide a copy of its written response to the arbitration panel's questions to the other Party to the dispute. Each Party to the dispute shall be given the opportunity to provide written comments on the other Party's reply within five days of the date of receipt of such reply.

Confidentiality

34. Each Party to the dispute and its advisers shall treat as confidential any information submitted by the other Party to the dispute to the arbitration panel which that Party has designated as confidential. Where a Party to the dispute submits a confidential version of its written submissions to the arbitration panel, it shall also, upon request of the other Party, provide a non-confidential summary of the information contained in its submissions that could be disclosed to the public no later than 15 days after the date of either the request or the submission, whichever is later, and an explanation as to why the non-disclosed information is confidential. Nothing in these Rules shall preclude a Party to the dispute from disclosing statements of its own positions to the public to the extent that, when making reference to information submitted by the other Party, it does not disclose any information designated by the other Party as confidential. The arbitration panel shall meet in closed session when the submission and the arguments of a Party contain confidential information. The Parties to the dispute and their advisers shall maintain the confidentiality of the arbitration panel hearings where the hearings are held in closed session.

Ex parte contacts

35. The arbitration panel shall not meet or communicate with a Party in the absence of the other Party.

36. No arbitrator may discuss any aspect of the subject matter of the proceedings with either Party or both Parties to the dispute in the absence of the other arbitrators.

Amicus curiae submissions

37. Unless the Parties agree otherwise within three days of the date of the establishment of the arbitration panel, the arbitration panel may receive unsolicited written submissions from natural or legal persons established in the territory of a Party to the dispute who are independent from the governments of the Parties to the dispute, provided that they are made within 10 days of the date of the establishment of the arbitration panel, that they are concise and in no case longer than 15 pages typed at double space and that they are directly relevant to a factual or a legal issue under consideration by the arbitration panel.

38. The submission shall contain a description of the person making the submission, whether natural or legal, including its nationality or place of establishment, the nature of its activities, its legal status, general objectives and the source of its financing, and specify the nature of the interest that the person has in the arbitration panel proceeding. It shall be drafted in the languages chosen by the Parties to the dispute in accordance with rules 41 and 42 of these Rules.

39. The arbitration panel shall list in its ruling all the submissions it has received that conform to rules 37 and 38 of these Rules. The arbitration panel shall not be obliged to address in its ruling the arguments made in such submissions. Any such submission shall be notified by the arbitration panel to the Parties to the dispute for their comments. The comments of the Parties to the dispute shall be submitted within 10 days, and any such comments shall be taken into consideration by the arbitration panel.

Urgent cases

40. In the cases of urgency referred to in Chapter 11 (Trade-related Energy) of Title V (Trade and Trade-related Matters) of this Agreement, the arbitration panel, after consulting the Parties to the dispute, shall adjust the time limits referred to in these Rules, as appropriate, and shall notify the Parties of such adjustments.

Translation and interpretation

41. During the consultations referred to in Article 382 of this Agreement and no later than the meeting referred to in rule 8(e) of these Rules, the Parties to the dispute shall endeavour to agree on a common working language for the proceedings before the arbitration panel.

42. If the Parties to the dispute are unable to agree on a common working language, each Party shall make its written submissions in its chosen language. In such case, that Party shall provide at the same time a translation in the language chosen by the other Party, unless its submissions are written in one of the working languages of the WTO. The Party complained against shall arrange for the interpretation of oral submissions into the languages chosen by the Parties to the dispute.

43. Arbitration panel rulings shall be notified in the language or languages chosen by the Parties to the dispute.

44. Any Party to the dispute may provide comments on the accuracy of the translation of any translated version of a document drawn up in accordance with these Rules.

45. Each Party shall bear the costs of the translation of its written submissions. Any costs incurred for translation of an arbitration ruling shall be borne equally by the Parties to the dispute.

Other procedures

46. These Rules of Procedure are also applicable to procedures established under Article 382, Article 391(2), Article 392(2), Article 393(2) and Article 395(2) of Chapter 14 (Dispute settlement) of Title V (Trade and Trade-related Matters) of this Agreement. However, the time limits laid down in these Rules of Procedure shall be adjusted by the arbitration panel in line with the special time limits provided for the adoption of a ruling by the arbitration panel in those other procedures.

ANNEX XXXIV. CODE OF CONDUCT FOR ARBITRATORS AND MEDIATORS

Definitions

1. In this Code of Conduct:

(a) ‘arbitrator’ means a member of an arbitration panel established under Article 385 of this Agreement;

(b) ‘assistant’ means a person who, under the terms of appointment of an arbitrator, conducts, researches or provides assistance to the arbitrator;

(c) ‘candidate’ means an individual whose name is on the list of arbitrators referred to in Article 404(1) of this Agreement and who is under consideration for selection as an arbitrator under Article 385 of this Agreement;

(d) ‘mediator’ means a person who conducts a mediation procedure in accordance with Annex XXXII (Mediation Mechanism) to this Agreement;

(e) ‘proceeding’, unless otherwise specified, means an arbitration panel proceeding under Chapter 14 (Dispute Settlement) of Title V (Trade and Trade-related Matters) of this Agreement;

(f) ‘staff’, in respect of an arbitrator, means persons under the direction and control of an arbitrator, other than assistants.

Responsibilities to the process

2. Throughout the proceedings, every candidate and arbitrator shall avoid impropriety and the appearance of impropriety, shall be independent and impartial, shall avoid direct and indirect conflicts of interest and shall observe high standards of conduct so that the integrity and impartiality of the dispute settlement mechanism is preserved. Former arbitrators must comply with the obligations established in rules 15, 16, 17 and 18 of this Code of Conduct.

Disclosure obligations

3. Prior to confirmation of his/her selection as an arbitrator under Chapter 14 (Dispute Settlement) of Title V (Trade and Trade-related Matters) of this Agreement, a candidate shall disclose any interest, relationship or matter that is likely to affect his/her independence or impartiality or that might reasonably create an appearance of impropriety or bias in the proceeding. To this end, a candidate shall make all reasonable efforts to become aware of any such interests, relationships and matters.

4. A candidate or an arbitrator shall communicate matters concerning actual or potential violations of this Code of Conduct only to the Association Committee in Trade configuration, as set out in Article 438(4) of this Agreement, for consideration by the Parties.

5. Once selected, an arbitrator shall continue to make all reasonable efforts to become aware of any interests, relationships or matters referred to in rule 3 of this Code of Conduct and shall disclose them. The disclosure obligation is a continuing duty which requires an arbitrator to disclose any such interests, relationships or matters that may arise during any stage of the proceeding. The arbitrator shall disclose such interests, relationships or matters by informing the Association Committee in Trade configuration, in writing, for consideration by the Parties.

Duties of arbitrators

6. An arbitrator included in the lists of arbitrators provided for in Article 404(1) of this Agreement may decline the appointment as an arbitrator only for justified reasons such as, for example, disease, participation in other court or panel proceedings or conflict of interest. Upon confirmation of his/her selection, an arbitrator shall be available to perform and shall perform his/her duties thoroughly and expeditiously throughout the proceeding, and with fairness and diligence.

7. An arbitrator shall consider only those issues raised in the proceeding and necessary for a ruling and shall not delegate this duty to any other person.

8. An arbitrator shall take all appropriate steps to ensure that his/her assistant and staff are aware of, and comply with, rules 2, 3, 4, 5, 16, 17 and 18 of this Code of Conduct.

9. An arbitrator shall not engage in ex parte contacts concerning the proceeding.

Independence and impartiality of arbitrators

10. An arbitrator shall be independent and impartial, avoid creating an appearance of impropriety or bias, and shall not be influenced by self-interest, outside pressure, political considerations, public clamour, loyalty to a Party or fear of criticism.

11. An arbitrator shall not, directly or indirectly, incur any obligation or accept any benefit that would in any way interfere, or appear to interfere, with the proper performance of his/her duties.

12. An arbitrator shall not use his/her position on the arbitration panel to advance any personal or private interests. An arbitrator shall avoid actions that may create the impression that others are in a special position to influence him/her.

13. An arbitrator shall not allow financial, business, professional, personal, or social relationships or responsibilities to influence his/her conduct or judgement.

14. An arbitrator shall avoid entering into any relationship or acquiring any financial interest that is likely to affect his/her impartiality or that might reasonably create an appearance of impropriety or bias.

Obligations of former arbitrators

  • 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