(e) establishing a national qualification framework to improve the transparency and recognition of qualifications and competences; and
(f) promoting the aims set in the Copenhagen process on enhanced European cooperation in vocational education and training.
Article 124.
The Parties shall promote cooperation and exchanges in areas of mutual interest, such as linguistic diversity and lifelong language learning, through an exchange of information and best practices.
Article 125.
The Parties agree to cooperate in the field of youth to:
(a) reinforce cooperation and exchanges in the field of youth policy and non-formal education for young people and youth workers;
(b) facilitate active participation of all young people in society;
(c) support young people and youth workers' mobility as a means to promote intercultural dialogue and the acquisition of knowledge, skills and competences outside the formal educational systems, including through volunteering; and
(d) promote cooperation between youth organisations to support civil society.
Article 126.
The Parties shall promote cooperation in the field of sport and physical activity through the exchange of information and good practices in order to promote a healthy lifestyle, the social and educational values of sport and good governance in sport within the societies of the EU and the Republic of Moldova.
Chapter 24. Cooperation In Research, Technological Development and Demonstration
Article 127.
The Parties shall promote cooperation in all areas of civil scientific research and technological development and demonstration (RTD) on the basis of mutual benefit and subject to appropriate and effective protection of intellectual property rights.
Article 128.
Cooperation in RTD shall cover:
(a) policy dialogue and the exchange of scientific and technological information;
(b) facilitating adequate access to the respective programmes of the Parties;
(c) increasing research capacity and the participation of research entities of the Republic of Moldova in the research framework programmes of the EU;
(d) the promotion of joint projects for research in all areas of RTD;
(e) training activities and mobility programmes for scientists, researchers and other research staff engaged in RTD activities on both sides;
(f) facilitating, within the framework of applicable legislation, the free movement of research workers participating in the activities covered by this Agreement and the cross-border movement of goods intended for use in such activities; and
(g) other forms of cooperation in RTD (including through regional approaches and initiatives), on the basis of the Parties' mutual agreement.
Article 129.
In carrying out cooperation activities in RTD, synergies should be sought with activities funded by the Science and Tech- nology Centre (STCU) and other activities carried out within the framework of financial cooperation between the EU and the Republic of Moldova.
Chapter 25. Cooperation on Culture, Audio-visual Policy and Media
Article 130.
The Parties will promote cultural cooperation in accordance with the principles enshrined in the United Nations Educational, Scientific and Cultural Organisation (Unesco) Convention on the Protection and Promotion of the Diversity of Cultural Expressions of 2005. The Parties will seek a regular policy dialogue in areas of mutual interest, including the development of cultural industries in the EU and the Republic of Moldova. Cooperation between the Parties will foster intercultural dialogue, including through the participation of the culture sector and civil society of the EU and of the Republic of Moldova.
Article 131.
1. The Parties shall develop a regular dialogue and cooperate to promote the audiovisual industry in Europe and encourage co-production in the fields of cinema and television.
2. Cooperation could include, inter alia, the issue of the training of journalists and other media professionals, as well as support to the media, so as to reinforce their independence, professionalism and links with EU media in compliance with European standards, including standards of the Council of Europe and the 2005 Unesco Convention on the Protec- tion and Promotion of the Diversity of Cultural Expressions.
Article 132.
The Parties shall concentrate their cooperation on a number of fields:
(a) cultural cooperation and cultural exchanges, as well as the mobility of art and artists;
(b) intercultural dialogue;
(c) policy dialogue on cultural policy and audiovisual policy;
(d) cooperation in international fora such as Unesco and the Council of Europe, in order to, inter alia, develop cultural diversity and preserve and valorise cultural and historical heritage; and
(e) cooperation in the field of media.
Article 133.
The Republic of Moldova shall carry out approximation of its legislation to the EU acts and international instruments referred to in Annex XIV to this Agreement according to the provisions of that Annex.
Chapter 26. Civil Society Cooperation
Article 134.
The Parties shall establish a dialogue on civil society cooperation, with the following objectives:
(a) to strengthen contacts and the exchange of information and experience between all sectors of civil society in the EU and in the Republic of Moldova;
(b) to ensure a better knowledge and understanding of the Republic of Moldova, including its history and culture, in the EU and in particular among civil society organisations based in the Member States, thus allowing for a better awareness of the opportunities and challenges for future relations; and
(c) to ensure, reciprocally, a better knowledge and understanding of the EU in the Republic of Moldova and in particular among civil society organisations of the Republic of Moldova, with a non-exclusive focus on the values on which the EU is founded, its policies and its functioning.
Article 135.
The Parties shall promote dialogue and cooperation between civil society stakeholders from both sides as an integral part of the relations between the EU and the Republic of Moldova. The aims of such a dialogue and such cooperation are:
(a) to ensure the involvement of civil society in EU-Republic of Moldova relations, in particular in the implementation of this Agreement;
(b) to enhance civil society participation in the public decision-making process, particularly by establishing an open, transparent and regular dialogue between the public institutions and representative associations and civil society;
(c) to facilitate a process of institution-building and consolidation of civil society organisations in various ways, including advocacy support, informal and formal networking, mutual visits and workshops, in particular with a view to improving the legal framework for civil society; and
(d) to enable civil society representatives from each side to become acquainted with the processes of consultation and
dialogue between civil and social partners on the other side, in particular with a view to further integrating civil society in the public policy-making process in the Republic of Moldova.
Article 136.
A regular dialogue will take place between the Parties on the issues covered by this Chapter.
Chapter 27. Cooperation In the Protection and Promotion of the Rights of the Child
Article 137.
The Parties agree to cooperate in ensuring the promotion of the rights of the child according to international laws and standards, in particular the United Nations Convention on the Rights of the Child of 1989, taking into account the priorities identified in the specific context of the Republic of Moldova, in particular for vulnerable groups.
Article 138.
Such cooperation shall include, in particular:
(a) the prevention and combating of all forms of exploitation (including child labour), abuse, negligence and violence against children, including by developing and strengthening the legal and institutional framework as well as through awareness-raising campaigns in that domain;
(b) the improvement of the system of identification and assistance of children in vulnerable situations, including increased participation by children in decision-making processes and the implementation of efficient mechanisms to handle individual complaints made by children;
(c) exchange of information and best practices on the alleviation of poverty among children, including on measures to focus social policies on children's wellbeing, and to promote and facilitate children's access to education;
(d) the implementation of measures aimed at promoting children's rights within the family and institutions, and strengthening the capacity of parents and carers in order to ensure child development; and
(e) accession to, ratification and implementation of the relevant international documents, including those developed within the United Nations, the Council of Europe and the Hague Conference on Private International Law, with the purpose of promoting and protecting of children's rights in line with the highest standards in the field.
Article 139.
A regular dialogue will take place on the issues covered by this Chapter.
Chapter 28. Participation In Union Agencies and Programmes
Article 140.
The Republic of Moldova shall be allowed to participate in all agencies of the Union open to the participation of the Republic of Moldova in accordance with the relevant provisions establishing those agencies. The Republic of Moldova shall enter into separate agreements with the EU to enable its participation in each such agency, including the amount of financial contribution.
Article 141.
The Republic of Moldova shall be allowed to participate in all current and future programmes of the Union open to the participation of the Republic of Moldova in accordance with the relevant provisions establishing those programmes. The participation of the Republic of Moldova in the programmes of the Union shall be in accordance with the provisions laid down in Protocol I to this Agreement on a Framework Agreement between the European Union and the Republic of Moldova on the General Principles for the Participation of the Republic of Moldova in Union Programmes.
Article 142.
The Parties will conduct a regular dialogue on the participation of the Republic of Moldova in Union programmes and agencies. In particular, the EU shall inform the Republic of Moldova in the case of establishment of new Union agencies and programmes, as well as regarding changes in terms of participation in Union programmes and agencies, referred to in Articles 140 and 141 of this Agreement.
Title V. TRADE AND TRADE-RELATED MATTERS
Chapter 1. National Treatment and Market Access for Goods
Section 1. Common Provisions
Article 143. Objective
The Parties shall progressively establish a free trade area over a transitional period of a maximum of 10 years starting from the entry into force of this Agreement, in accordance with the provisions of this Agreement and in accordance with Article XXIV of the General Agreement on Tariffs and Trade 1994 (GATT 1994).
Article 144. Scope and Coverage
1. The provisions of this Chapter shall apply to trade in goods (1) between the Parties.
2. For the purposes of this Chapter, "originating" means qualifying under the rules of origin set out in Protocol II to this Agreement.
Section 2. Elimination of Customs Duties, Fees and other Charges
Article 145. Definition of Customs Duties
For the purposes of this Chapter, a "customs duty" includes any duty or charge of any kind imposed on, or in connection with, the import or export of a good, including any form of surtax or surcharge imposed on, or in connection with, such import or export. A "customs duty" does not include any of the following:
(a) a charge equivalent to an internal tax imposed in accordance with Article 152 of this Agreement;
(b) duties imposed in accordance with Chapter 2 (Trade Remedies) of Title V (Trade and Trade-related Matters) of this Agreement; or
(c) fees or other charges imposed in accordance with Article 151 of this Agreement.
Article 146. Classification of Goods
The classification of goods in trade between the Parties shall be that set out in accordance with the Harmonised Commodity Description and Coding System of 1983 (HS) in the Republic of Moldova's tariff nomenclature based on HS 2007 and the Union's tariff nomenclature based on HS 2012 and in subsequent amendments to those nomenclatures.
Article 147. Elimination of Customs Duties on Imports
1. Each Party shall reduce or eliminate customs duties on goods originating in the other Party in accordance with Annex XV to this Agreement.
2. For each good the base rate of customs duties to which the successive reductions and eliminations are to be applied under paragraph 1 of this Article are specified in Annex XV to this Agreement.
3. If, at any moment following the date of entry into force of this Agreement, a Party reduces its applied most- favoured-nation (MFN) customs duty rate, such duty rate shall apply as base rate if and for as long as it is lower than the customs duty rate calculated in accordance with Annex XV to this Agreement.
4. After the entry into force of this Agreement, the Parties may agree to consider accelerating and broadening the scope of the elimination of customs duties on trade between the Parties. A decision of the Association Committee in Trade configuration, as set out in Article 438(4) of this Agreement, on the acceleration or elimination of a customs duty on a good shall supersede any duty rate or staging category determined pursuant to Annex XV to this Agreement.
5. During the third year after the entry into force of this Agreement, the Parties shall assess the situation, taking account of the pattern of trade in agricultural products between the Parties, the particular sensitivities of such products and the development of agricultural policy on both sides.
6. The Parties shall examine, in the Association Committee in Trade configuration, on an appropriate reciprocal basis, the opportunities for granting each other further concessions with a view to improving liberalisation of trade in agri- cultural products, in particular those subject to tariff-rate quotas (TRQs).
Article 148. Anti-circumvention Mechanism for Agricultural Products and Processed Agricultural Products
1. The products listed in Annex XV-C to this Agreement are subject to the anti-circumvention mechanism. The average annual volume of imports from the Republic of Moldova into the Union for each category of those products is provided in Annex XV-C to this Agreement.
2. When the volume of imports of one or more categories of products referred to in paragraph 1 of this Article reaches 70 % of the volume indicated in Annex XV-C in any given year starting on 1 January, the Union shall notify the Republic of Moldova about the volume of imports of the product(s) concerned. Following that notification and within 14 calendar days from the date on which the volume of imports of one or more categories of products referred to in paragraph 1 of this Article reaches 80 % of the volume indicated in Annex XV-C to this Agreement, the Republic of Moldova shall provide the Union with a sound justification for the increase of imports. If those imports reach 100 % of the volume indicated in Annex XV-C to this Agreement, and in the absence of a sound justification by the Republic of Moldova, the Union may temporarily suspend the preferential treatment for the products concerned.
The suspension shall be applicable for a period of six months and shall take effect on the date of publication of the deci- sion to suspend preferential treatment in the Official Journal of the European Union.
3. All temporary suspensions adopted pursuant to paragraph 2 shall be notified by the Union to the Republic of Moldova without undue delay.
4. A temporary suspension may be lifted before the expiry of six months from its entry into force by the Union if the Republic of Moldova provides evidence within the Association Committee in Trade configuration, as set out in Article 438(4) of this Agreement, that the volume of the relevant category of products imported in excess of the volume referred to in Annex XV-C to this Agreement results from a change in the level of production and export capacity of the Republic of Moldova for the product(s) concerned.
5. Annex XV-C to this Agreement may be amended and the volume modified by mutual consent of the Union and the Republic of Moldova in the Association Committee in Trade configuration at the request of the Republic of Moldova, in order to reflect changes in the level of production and export capacity of the Republic of Moldova for the product(s) concerned.
Article 149. Standstill
Neither Party may increase any existing customs duty, or adopt any new customs duty, on a good originating in the other Party. That shall not preclude either Party from:
(a) raising a customs duty to the level established in Annex XV following a unilateral reduction; or
(b) maintaining or increasing a customs duty as authorized by the Dispute Settlement Body (DSB) of the WTO.
Article 150. Customs Duties on Exports
Neither Party shall adopt or maintain any duty or tax, other than internal charges applied in accordance with Article 152 of this Agreement, on or in connection with the export of goods to the territory of the other Party.
Article 151. Fees and other Charges
Each Party shall ensure, in accordance with Article VIII of GATT 1994 and the interpretative notes thereon, that all fees and charges of whatever character other than customs duties or other measures referred to in Article 147 of this Agreement, imposed on, or in connection with, the import or export of goods are limited in amount to the approximate cost of services rendered and do not represent an indirect protection of domestic goods or a taxation of imports or exports for fiscal purposes.
Section 3. Non-tariff Measures
Article 152. National Treatment
Each Party shall accord national treatment to the goods of the other Party in accordance with Article III of GATT 1994, including the interpretative notes thereon. To that end, Article II] of GATT 1994 and the interpretative notes thereon are incorporated into this Agreement and made an integral part thereof.
Article 153. Import and Export Restrictions
Neither Party shall adopt or maintain any prohibition or restriction on the import of any good of the other Party or on the export or sale for export of any good destined for the territory of the other Party, except as otherwise provided in this Agreement or in accordance with Article XI of GATT 1994 and the interpretative notes thereon. To that end, Article XI of GATT 1994 and the interpretative notes thereon are incorporated into this Agreement and made an inte- gral part thereof.
Section 4. Specific Provisions Related to Goods
Article 154. General Exceptions
1. Nothing in this Chapter shall be construed to prevent the adoption or enforcement by any Party of measures in accordance with Articles XX and XXI of GATT 1994 and any relevant interpretative notes to those Articles under GATT 1994, which are hereby incorporated into this Agreement and made an integral part thereof.
2. The Parties understand that before taking any measures for which justification could be sought under sub-paragraphs (i) and (j) of Article XX of GATT 1994, the Party intending to take the measures shall provide the other Party with all relevant information and seek a solution acceptable to the Parties. If no agreement is reached within 30 days of providing such information, the Party may apply measures under this paragraph on the good concerned. Where exceptional and critical circumstances require immediate action and make prior information or examination impossible, the Party intending to take the measures may apply forthwith the precautionary measures necessary to deal with the situation and shall inform the other Party immediately thereof.
Section 5. Administrative Cooperation and Coordination with other Countries
Article 155. Special Provisions on Administrative Cooperation
1. The Parties agree that administrative cooperation and assistance are essential for the implementation and the control of the preferential treatment granted under this Chapter and underline their commitment to combat irregularities and fraud in customs and related matters.
2. Where a Party has made a finding, on the basis of objective information, of a failure of the other Party to provide administrative cooperation or assistance and/or of irregularities or fraud under this Chapter, the Party concerned may temporarily suspend the relevant preferential treatment of the product(s) concerned in accordance with this Article and, in particular, the procedure provided for under paragraph 5.
3. For the purposes of this Article, failure to provide administrative cooperation or assistance shall mean, inter alia:
(a) a repeated failure to respect the obligations to verify the originating status of the good(s) concerned;
(b) a repeated refusal or undue delay in carrying out and/or communicating the results of a subsequent verification of the proof of origin;
(c) repeated refusal or undue delay in obtaining authorisation to conduct enquiry visits to determine the authenticity of documents or accuracy of information relevant to the granting of the preferential treatment in question.
4. For the purposes of this Article a finding of irregularities or fraud may be made, inter alia, where there is a rapid increase, without satisfactory explanation, in the volume of imports of goods exceeding the usual level of production and export capacity of the other Party that is linked to objective information concerning irregularities or fraud.
5. The application of a temporary suspension shall be subject to the following conditions:
(a) the Party which has made a finding, on the basis of objective information, of a failure to provide administrative co-operation or assistance and/or of irregularities or fraud shall, without undue delay, notify the Association Committee in Trade configuration, as set out in Article 438(4) of this Agreement, of its finding together with the objective information and enter into consultations within that Committee, on the basis of all relevant information and objective findings, with a view to reaching a solution acceptable to both Parties;
(b) where the Parties have entered into consultations within the aforementioned Committee and have failed to agree on an acceptable solution within three months following the notification, the Party concerned may temporarily suspend the relevant preferential treatment of the good(s) concerned. A temporary suspension shall be notified to the Association Committee in Trade configuration without undue delay;
(c) temporary suspensions under this Article shall be limited to what is necessary to protect the financial interests of the Party concerned. They shall not exceed a period of six months, which may be renewed if at the date of expiry nothing has changed with respect to the conditions that gave rise to the initial suspension. They shall be subject to periodic consultations within the Association Committee in Trade configuration, as set out in Article 438(4) of this Agreement, in particular with a view to their termination as soon as the conditions for their application no longer apply.
6. Each Party shall publish all notices to importers concerning any notification referred to in paragraph 5(a), any deci- sion referred to in paragraph 5(b), and any extension or termination as referred to in paragraph 5(c), according to its internal procedures.
Article 156. Management of Administrative Errors
In case of an error by the competent authorities in the proper management of the preferential system at export, and in particular in the application of the provisions of Protocol II to this Agreement concerning the definition of originating products and methods of administrative cooperation, where that error leads to consequences in terms of import duties, the Party facing such consequences may request that the Association Committee in Trade configuration, as set out in Article 438(4) of this Agreement, examines the possibility of adopting all appropriate measures with a view to resolving the situation.
Article 157. Agreements with other Countries
1. This Agreement shall not preclude the maintenance or establishment of customs unions, other free trade areas or arrangements for frontier traffic except in so far as they conflict with the trade arrangements provided for in this Agreement.
2. Consultations between the Parties shall take place within the Association Committee in Trade configuration, as set out in Article 438(4) of this Agreement, concerning agreements establishing customs unions, other free trade areas or arrangements for frontier traffic and, where requested, on other major issues related to their respective trade policies with third countries. In particular, in the event of a third country acceding to the EU, such consultations shall take place so as to ensure that account is taken of the mutual interests of the Union and the Republic of Moldova as stated in this Agreement.
Chapter 2. Trade Remedies
Section 1. Global Safeguard Measures
Article 158.
1. The Parties confirm their rights and obligations under Article XIX of GATT 1994 and the Agreement on Safeguards contained in Annex 1A to the Agreement Establishing the World Trade Organisation ("WTO Agreement") ("Agreement on Safeguards") and Article 5 of the Agreement on Agriculture, contained in Annex 1A to the WTO Agreement ("Agreement on Agriculture").
2. The preferential rules of origin established under Chapter 1 (National Treatment and Market Access for Goods) of Title V (Trade and Trade-related Matters) of this Agreement shall not apply to this Section.
3. The provisions of this Section shall not be subject to Chapter 14 (Dispute Settlement) of Title V (Trade and Trade-related Matters) of this Agreement.
Article 159. Transparency
1. The Party initiating a safeguard investigation shall notify the other Party of such initiation, provided the latter has a substantial economic interest.