(b) where a Party considers that it has, for its territory or a region within its territory, a special status with respect to a specific animal disease other than a disease listed in Annex XVIII-A to this Agreement, it may request recognition of that status in accordance with the procedure laid down in Annex XIX Part C to this Agreement. The importing Party may request guarantees in respect of imports of live animals and animal products, which are appropriate to the agreed status of the Parties;
(c) the Parties recognise as the basis for trade between them the status of the territories or the regions, or the status in a sector or a sub-sector of the Parties related to the prevalence or the incidence of an animal disease other than a disease listed in Annex XVIII-A to this Agreement, or related to infections in animals and/or the associated risk, as appropriate, as determined by the OIE. The importing Party may request guarantees in respect of imports of live animals and animal products, which are appropriate to the defined status in accordance with the recommendations of the OIE; and
(d) without prejudice to Articles 184, 186 and 190 of this Agreement, and unless the importing Party raises an explicit objection and requests supporting or additional information, consultations and/or verification, each Party shall take without undue delay the necessary legislative and administrative measures to allow trade on the basis of points (a), (b) and (c) of this paragraph.
2. As regards pests, the following shall apply:
(a) the Parties recognise for trade purposes the pest status in respect of pests specified in Annex XVIII-B to this Agreement as determined in Annex XIX-B to this Agreement; and
(b) without prejudice to Articles 184, 186 and 190 of this Agreement, and unless the importing Party raises an explicit objection and requests supporting or additional information, consultations and/or verification, each Party shall take without undue delay the necessary legislative and administrative measures to allow trade on the basis of point (a) of this paragraph.
3. The Parties recognise the concept of regionalisation and PFAs, as specified in the International Plant Protection Convention (IPPC) of 1997 and the International Standards for Phytosanitary Measures (ISPMs) of the Food and Agriculture Organisation of the United Nations (FAO), and of protected zones, as defined in Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community, which they agree to apply to trade between them.
4. The Parties agree that regionalisation decisions for animal and fish diseases listed in Annex XVIII-A to this Agreement and for pests listed in Annex XVIII-B to this Agreement shall be taken in accordance with the provisions of Annex XIX Part A and B to this Agreement.
5. As regards animal diseases in accordance with the provisions of Article 184 of this Agreement, the exporting Party seeking recognition of its regionalisation decision by the importing Party shall notify its measures with full explanations and supporting data for its determinations and decisions. Without prejudice to Article 185 of this Agreement, and unless the importing Party raises an explicit objection and requests additional information, consultations and/or verifica- tion within 15 working days following receipt of the notification, the regionalisation decision so notified shall be deemed accepted.
The consultations referred to in the first subparagraph of this paragraph shall take place in accordance with Article 185(3) of this Agreement. The importing Party shall assess the additional information within 15 working days following receipt of the additional information. The verification referred to in the first subparagraph of this paragraph shall be carried out in accordance with Article 188 of this Agreement within 25 working days following receipt of the request for verification.
6. As regards pests, each Party shall ensure that trade in plants, plant products and other objects takes account, as appropriate, of the pest status in an area recognised as a protected zone or as a PFA by the other Party. A Party seeking recognition of its PFA by the other Party shall notify its measures and, upon request, provide full explanation and supporting data for its establishment and maintenance, as guided by the FAO or IPPC, including ISPMs. Without preju- dice to Article 190 of this Agreement, and unless a Party raises an explicit objection and requests additional information, consultations and/or verification within three months following the notification, the regionalisation decision for PFA so notified shall be deemed accepted.
The consultations referred to in the first subparagraph of this paragraph shall take place in accordance with Article 185(3) of this Agreement. The importing Party shall assess the additional information within three months following receipt of the additional information. The verification referred to in the first subparagraph of this paragraph shall be carried out in accordance with Article 188 of this Agreement within 12 months following receipt of the request for verification, taking into account the biology of the pest and the crop concerned.
7. After finalisation of the procedures referred to in paragraphs 4 to 6 of this Article, and without prejudice to Article 190 of this Agreement, each Party shall take, without undue delay, the necessary legislative and administrative measures to allow trade on that basis.
8. The Parties commit to engaging in further discussions with a view to implementing the principle of compartmentalisation.
Article 183. Recognition of Equivalence
1. Equivalence may be recognised in relation to:
(a) an individual measure;
(b) a group of measures; or
(c) a system applicable to a sector, sub-sector, commodities or a group of commodities.
2. With regard to recognition of equivalence, the Parties shall follow the process set out in paragraph 3. That process shall include an objective demonstration of equivalence by the exporting Party and an objective assessment of the request by the importing Party. That assessment may include inspections or verifications.
3. Upon request of the exporting Party concerning recognition of equivalence as set out in paragraph 1 of this Article, the Parties shall without delay and no later than three months following the receipt of such request by the importing Party, initiate the consultation process which includes the steps set out in Annex XXI to this Agreement. In case of multiple requests from the exporting Party, the Parties, upon request of the importing Party, shall agree within the SPS Sub-Committee referred to in Article 191 of this Agreement on a time schedule during which they shall initiate and conduct the process referred to in this paragraph.
4. The Republic of Moldova shall notify the Union as soon as approximation is achieved as a result of the monitoring provided for in Article 181(3) of this Agreement. That notification shall be considered to be a request of the Republic of Moldova to initiate the process for recognition of equivalence of the measures concerned, as set out in paragraph 3 of this Article.
5. Unless otherwise agreed, the importing Party shall finalise the process for recognition of equivalence referred to in paragraph 3 of this Article within 12 months after the receipt of the request of the exporting Party, including a dossier demonstrating the equivalence. That time-limit may be extended with regard to seasonal crops when it is justifiable to delay the assessment to permit verification during a suitable period of growth of a crop.
6. The importing Party determines equivalence as regards plants, plant products and other objects in accordance with the relevant ISPMs.
7. The importing Party may withdraw or suspend equivalence on the basis of any amendment by one of the Parties of measures affecting equivalence, provided that the following procedure is followed:
(a) in accordance with the provisions of Article 184(2) of this Agreement, the exporting Party shall inform the importing Party of any proposal for amendment of its measures for which equivalence of measures is recognised and the likely effect of the proposed measures on the equivalence which has been recognised. Within one month following the receipt of that information, the importing Party shall inform the exporting Party whether or not equivalence would continue to be recognised on the basis of the proposed measures;
(b) in accordance with the provisions of Article 184(2) of this Agreement, the importing Party shall inform the exporting Party of any proposal for amendment of its measures on which recognition of equivalence has been based and the likely effect of the proposed measures on the equivalence which has been recognised. Should the importing Party not continue to recognise equivalence, the Parties may agree on the conditions to re-initiate the process referred to in paragraph 3 of this Article on the basis of the proposed measures.
8. The recognition, suspension or withdrawal of equivalence rests solely with the importing Party acting in accordance with its administrative and legislative framework. That Party shall provide to the exporting Party, in writing, a full explanation and supporting data used for the determinations and decisions covered by this Article. In case of non-recognition, suspension or withdrawal of equivalence, the importing Party shall indicate to the exporting Party the required conditions on the basis of which the process referred to in paragraph 3 may be reinitiated.
9. Without prejudice to Article 190 of this Agreement, the importing Party may not withdraw or suspend equivalence before the proposed new measures of either Party enter into force.
10. In case equivalence is formally recognised by the importing Party, on the basis of the consultation process as set out in Annex XXI to this Agreement, the SPS Sub-Committee shall, in accordance with the procedure set out in Article 191(5) of this Agreement, endorse the recognition of equivalence in trade between the Parties. That endorsement decision may also provide for the reduction of physical checks at the frontiers, simplification of certificates and pre-listing procedures for the establishments, as applicable.
The status of the equivalence shall be listed in Annex XXV to this Agreement.
Article 184. Transparency and Exchange of Information
1. Without prejudice to Article 185 of this Agreement, the Parties shall cooperate to enhance mutual understanding of the other Party's official control structure and mechanisms tasked with the application of the measures listed in Annex XVII to this Agreement and of the effectiveness of such a structure and mechanism. That can be achieved, amongst others, through reports of international audits when they are made public by the Parties. The Parties can exchange information on the results of such audits or other information, as appropriate.
2. In the framework of approximation of legislation as referred to in Article 181 of this Agreement or of recognition of equivalence as referred to in Article 183 of this Agreement, the Parties shall keep each other informed of legislative and procedural changes adopted in the concerned areas.
3. In that context, the Union shall inform the Republic of Moldova well in advance of changes to Union legislation to allow the Republic of Moldova to consider modification of its legislation accordingly.
The necessary level of cooperation should be reached in order to facilitate transmission of legislative documents upon request of one of the Parties.
To that effect, each Party shall notify, without delay, the other Party of its contact points, including any changes to those contact points.
Article 185. Notification, Consultation and Facilitation of Communication
1. Each Party shall notify the other Party in writing within two working days of any serious or significant human, animal or plant health risk, including any food control emergencies or situations where there is a clearly identified risk of serious health effects associated with the consumption of animal or plant products, in particular:
(a) any measures affecting the regionalisation decisions referred to in Article 182 of this Agreement;
(b) the presence or evolution of any animal disease listed in Annex XVIII-A to this Agreement or of the regulated pests listed in Annex XVIII-B to this Agreement;
(c) findings of epidemiological importance or important associated risks with respect to animal diseases and pests which are not listed in Annexes XVIII-A and XVIII-B to this Agreement or which are new animal diseases or pests; and
(d) any additional measures beyond the basic requirements to their respective measures taken by the Parties to control or eradicate animal diseases or pests or protect public or plant health and any changes in prophylactic policies, including vaccination policies.
2. Notifications shall be made in writing to the contact points referred to in Article 184(3) of this Agreement.
Notification in writing means notification by mail, fax or e-mail. Notifications shall only be sent between the contact points referred to in Article 184(3) of this Agreement.
3. Where a Party has serious concerns regarding a risk to human, animal or plant health, consultations regarding the situation shall, upon request of that Party, take place as soon as possible and, in any case, within 15 working days of that request. In such situations, each Party shall endeavour to provide all the information necessary to avoid a disruption in trade, and to reach a mutually acceptable solution consistent with the protection of human, animal or plant health.
4. Upon request of a Party, consultations regarding animal welfare shall take place as soon as possible and, in any case, within 20 working days from the date of notification. In such situations, each Party shall endeavour to provide all the requested information.
5. Upon request of a Party, consultations as referred to in paragraphs 3 and 4 of this Article shall be held by video or audio conference. The requesting Party shall ensure the preparation of the minutes of the consultation, which shall be formally approved by the Parties. For the purposes of that approval, the provisions of Article 184(3) of this Agreement shall apply.
6. The Republic of Moldova will develop and implement a national Rapid Alert System for Food and Feed (NRASFF) and National Early Warning Mechanism (NEWM) compatible with those of the EU. After the Republic of Moldova implements the necessary legislation in this field and creates conditions for the proper functioning of the NRASFF and the NEWM on the spot, and within an appropriate period of time to be agreed between the Parties, the NRASFF and the NEWM will be connected to the corresponding EU systems.
Article 186. Trade Conditions
1. General Import Conditions:
(a) The Parties agree to subject imports of any commodity covered by Annexes XVII-A and XVII-C(2) and (3) to this Agreement to general import conditions. Without prejudice to the decisions taken in accordance with Article 182 of this Agreement, the import conditions of the importing Party shall be applicable to the total territory of the exporting Party. Upon entry into force of this Agreement and in accordance with the provisions of Article 184 of this Agreement, the importing Party shall inform the exporting Party of its sanitary and/or phytosanitary import requirements for commodities referred to in Annexes XVII-A and XVII-C to this Agreement. That information shall include, as appropriate, the models for the official certificates or declarations or commercial documents, as prescribed by the importing Party.
(b) (i) Any amendment or proposed amendment of the conditions referred to in paragraph 1(a) of this Article shall comply with the relevant notification procedures of the SPS Agreement whether or not they refer to measures covered by the SPS Agreement.
(i) Without prejudice to the provisions of Article 190 of this Agreement, the importing Party shall take into account the transport time between the Parties to establish the date of entry into force of the amended conditions referred to in paragraph 1 (a) of this Article; and
(iii) If the importing Party fails to comply with those notification requirements, it shall continue to accept the certificate or the attestation guaranteeing the previously applicable conditions until 30 days after the amended import conditions enter into force.
2. Import conditions after recognition of equivalence:
(a) Within 90 days following the date of adoption of the decision on recognition of equivalence, the Parties shall take the necessary legislative and administrative measures to implement the recognition of equivalence in order to allow, on that basis, trade between them of the commodities referred to in Annexes XVII-A and XVII-C(2) and (3) to this Agreement. For those commodities, the model for the official certificate or official document required by the importing Party may, then, be replaced by a certificate drawn up as provided for in Annex XXIII-B to this Agreement.
(b) For commodities in sectors or sub-sectors for which not all measures are recognised as equivalent, trade shall continue on the basis of compliance with the conditions referred to in paragraph 1 (a) of this Article. Upon request of the exporting Party, the provisions of paragraph 5 of this Article shall apply.
3. From the date of entry into force of this Agreement, the commodities referred to in Annexes XVII-A and XVII-C(2) to this Agreement shall not be subject to a specific import authorisation.
4. For conditions affecting trade of the commodities referred to in paragraph 1(a) of this Article, upon request of the exporting Party, the Parties shall enter into consultations within the SPS Sub-Committee in accordance with the provisions of Article 191 of this Agreement, in order to agree on alternative or additional import conditions of the importing Party. Such alternative or additional import conditions may, when appropriate, be based on measures of the exporting Party recognised as equivalent by the importing Party. If agreed, the importing Party shall within 90 days take the necessary legislative and/or administrative measures to allow import on the basis of the agreed import conditions.
5. List of establishments, conditional approval:
(a) For the import of animal products referred to in Part 2 of Annex XVII-A to this Agreement, upon request of the exporting Party accompanied by the appropriate guarantees, the importing Party shall provisionally approve the processing establishments referred to in paragraph 2 of Annex XX to this Agreement which are situated in the territory of the exporting Party, without prior inspection of individual establishments. Such approval shall be consistent with the conditions and provisions set out in Annex XX to this Agreement. Except when additional information is requested, the importing Party shall take the necessary legislative and/or administrative measures to allow import on that basis within one month following the date of receipt of the request and the relevant guarantees by the importing Party.
The initial list of establishments shall be approved in accordance with the provisions of Annex XX to this Agree- ment.
(b) For the import of animal products referred to in paragraph 2(a) of this Article, the exporting Party shall inform the importing Party of its list of establishments meeting the importing Party's requirements.
6. Upon request of a Party, the other Party shall provide the explanation and the supporting data for the determina- tions and decisions covered by this Article.
Article 187. Certification Procedure
1. For the purposes of certification procedures and issuing of certificates and official documents, the Parties agree on the principles set out in Annex XXIII to this Agreement.
2. The SPS Sub-Committee referred to in Article 191 of this Agreement may agree on the rules to be followed in the case of electronic certification, withdrawal or replacement of certificates.
3. In the framework of approximated legislation as referred to in Article 181 of this Agreement, the Parties shall agree on common models of certificates, where applicable.
Article 188. Verification
1. In order to maintain confidence in the effective implementation of the provisions of this Chapter each Party has the right:
(a) to carry out verification of all or part of the inspection and certification system of the other Party's authorities, and/or of other measures, where applicable, in accordance with the relevant international standards, guidelines and recommendations of Codex Alimentarius, OIE and IPPC; and
(b) to receive information from the other Party about its control system and be informed of the results of the controls carried out under that system.
2. Either Party may share the results of the verifications referred to in paragraph 1(a) with third parties and make the results publicly available as may be required by provisions applicable to either Party. Confidentiality provisions applicable to either Party shall be respected in such sharing and/or publication of results, where appropriate.
3. If the importing Party decides to carry out a verification visit to the exporting Party, the importing Party shall notify the exporting Party of that verification visit at least three months before the verification visit is to be carried out, except in emergency cases or if the Parties agree otherwise. Any modification to that visit shall be agreed by the Parties.
4. The costs incurred in undertaking a verification of all or part of the other Party's competent authorities' inspection and certification systems, or other measures, where applicable, shall be borne by the Party carrying out the verification or the inspection.
5. The draft written communication of verifications shall be forwarded to the exporting Party within three months after the end of verification. The exporting Party shall have 45 working days to comment on the draft written communi- cation. Comments made by the exporting Party shall be attached to and, where appropriate, included in the final outcome. However, where a significant human, animal or plant health risk has been identified during the verification, the exporting Party shall be informed as quickly as possible and in any case within 10 working days following the end of the verification.
6. For clarity the results of a verification may contribute to the procedures referred to in Articles 181, 183 and 189 of this Agreement conducted by the Parties or one of the Parties.
Article 189. Import Checks and Inspection Fees
1. The Parties agree that import checks by the importing Party of consignments from the exporting Party shall respect the principles set out in Annex XXII Part A to this Agreement. The results of those checks may contribute to the verification process referred to in Article 188 of this Agreement.
2. The frequencies of physical import checks applied by each Party are set out in Annex XXII Part B to this Agreement. A Party may amend those frequencies, within its competence and in accordance with its internal legislation, as a result of progress made in accordance with Articles 181, 183 and 186 of this Agreement, or as a result of verifications, consultations or other measures provided for in this Agreement. The SPS Sub-Committee referred to Article 191 of this Agreement shall accordingly modify Annex XXII Part B to this Agreement by decision.
3. Inspection fees may only cover the costs incurred by the competent authority for performing import checks. The fee shall be calculated on the same basis as the fees charged for the inspection of similar domestic products.
4. The importing Party shall upon request of the exporting Party inform the exporting Party of any amendment, including the reasons for such an amendment, concerning the measures affecting import checks and inspection fees, and of any significant changes in the administrative conduct for such checks.
5. The Parties may agree on the conditions to approve, as from a date to be determined by the SPS Sub-Committee referred to in Article 191 of this Agreement, each other's controls as referred to in Article 188(1)(b) of this Agreement with a view to adapting and reciprocally reducing, where applicable, the frequency of physical import checks for the commodities referred to in Article 186(2)(a) of this Agreement.
From that date onwards, the Parties may reciprocally approve each other's controls for certain commodities and conse- quently reduce or replace the import checks for those commodities.
Article 190. Safeguard Measures
1. Should the exporting Party take within its territory measures to control any cause likely to constitute a serious hazard or risk to human, animal or plant health, the exporting Party, without prejudice to the provisions of paragraph 2, shall take equivalent measures to prevent the introduction of the hazard or risk into the territory of the importing Party.
2. On grounds of serious human, animal or plant health, the importing Party may take provisional measures necessary for the protection of human, animal or plant health. For consignments en route between the Parties, the importing Party shall consider the most suitable and proportionate solution in order to avoid unnecessary disruptions to trade.
3. The Party adopting measures under paragraph 2 of this Article shall inform the other Party no later than one working day following the date of the adoption of the measures. Upon request of either Party, and in accordance with the provisions of Article 185(3) of this Agreement, the Parties shall hold consultations regarding the situation within 15 working days of the notification. The Parties shall take due account of any information provided through such consultations and shall endeavour to avoid unnecessary disruption to trade, taking into account, where applicable, the outcome of the consultations provided for in Article 185(3) of this Agreement.
Article 191. Sanitary and Phytosanitary Sub-Committee
1. The Sanitary and Phytosanitary Sub-Committee ("the SPS Sub-Committee") is hereby established. It shall meet within three months, after the entry into force of this Agreement, upon request of either Party, or at least once every year. Subject to agreement by the Parties, a meeting of the SPS Sub-Committee may be held by video or audio-conference. The SPS Sub-Committee may also address issues out of session, by correspondence.
2. The SPS Sub-Committee shall have the following functions: (a) to consider any matter relating to this Chapter;
(b) to monitor the implementation of this Chapter and examine all matters which may arise in relation to its implemen- tation;
(c) to review Annexes XVII to XXV to this Agreement, notably in the light of progress made under the consultations and procedures provided for under this Chapter;
(d) to modify, by means of a decision, Annexes XVII to XXV to this Agreement in the light of the review provided for in point (c) of this paragraph, or as otherwise provided in this Chapter; and
(e) to give opinions and make recommendations to other bodies as defined in Title VII (Institutional, General and Final Provisions) of this Agreement in the light of the review provided for in point (c) of this paragraph.
3. The Parties agree to establish technical working groups, when appropriate, consisting of expert-level representatives of the Parties, which shall identify and address technical and scientific issues arising from the application of this Chapter. When additional expertise is required, the Parties may establish ad hoc groups, including scientific and expert groups. Membership of such ad hoc groups need not be restricted to representatives of the Parties.
4. The SPS Sub-Committee shall regularly inform, by means of a report, the Association Committee in Trade configuration, as set out in Article 438(4) of this Agreement, on its activities and the decisions taken within its competence.
5. The SPS Sub-Committee shall adopt its working procedures at its first meeting. 6. Any decision, recommendation, report or other action by the SPS Sub-Committee or any group established by the SPS Sub-Committee shall be adopted by consensus between the Parties.
Chapter 5. Customs and Trade Facilitation
Article 192. Objectives
1. The Parties acknowledge the importance of customs and trade facilitation in the evolving bilateral trade environment. The Parties agree to reinforce cooperation in this area with a view to ensuring that the relevant legislation and procedures, as well as the administrative capacity of the relevant administrations, fulfil the objectives of effective control and support facilitation of legitimate trade, as a matter of principle.
2. The Parties recognise that utmost importance shall be given to legitimate public policy objectives, including trade facilitation, security and prevention of fraud, and a balanced approach to them.
Article 193. Legislation and Procedures
1. The Parties agree that their respective trade and customs legislation, as a matter of principle, shall be stable and comprehensive, and that the provisions and the procedures shall be proportionate, transparent, predictable, non-discriminatory, impartial and applied uniformly and effectively and shall inter alia:
(a) protect and facilitate legitimate trade through effective enforcement of, and compliance with, legislative requirements;
(b) avoid unnecessary or discriminatory burdens on economic operators, prevent fraud and provide further facilitation for economic operators having a high level of compliance;
(c) apply a Single Administrative Document (SAD) for the purposes of customs declarations;
(d) take measures which lead to greater efficiency, transparency and simplification of customs procedures and practices at the border;
(e) apply modern customs techniques, including risk assessment, post clearance controls and company audit methods, in order to simplify and facilitate the entry and the release of goods;
(f) aim at reducing costs and increasing predictability for economic operators, including small and medium-sized enterprises;
(g) without prejudice to the application of objective risk-assessment criteria, ensure the non-discriminatory administra- tion of requirements and procedures applicable to imports, exports and goods in transit;
(h) apply the international instruments applicable in the field of customs and trade, including those developed by the World Customs Organisation (WCO) (the Framework of Standards to Secure and Facilitate Global Trade), the WTO (the Agreement on Customs Valuation), the Istanbul Convention on Temporary Admission of 1990, the International Convention on the Harmonised Commodity Description and Coding System of 1983, the UN TIR Convention of 1975, the 1982 International Convention on the Harmonisation of Frontier Controls of Goods, as well as European Commission guidelines such as the customs blueprints;
(i) take the necessary measures to reflect and implement the provisions of the Revised Kyoto Convention on the Simplification and Harmonisation of Customs Procedures of 1973;
(j) provide for advance binding rulings on tariff classification and rules of origin. The Parties ensure that a ruling may be revoked or annulled only after notification to the affected operator and without retroactive effect, unless the rulings have been made on the basis of incorrect or incomplete information;
(k) introduce and apply simplified procedures for authorised traders according to objective and non-discriminatory criteria;
(l) set rules that ensure that any penalties imposed for the breaches of customs regulations or procedural requirements be proportionate and non-discriminatory and that their application does not result in unwarranted and unjustified delays; and
(m) apply transparent, non-discriminatory and proportionate rules in respect of the licensing of customs brokers.
2. In order to improve working methods, as well as to ensure non-discrimination, transparency, efficiency, integrity and accountability of operations, the Parties shall:
(a) take further steps towards the reduction, the simplification and the standardisation of data and documentation required by customs and other authorities;
(b) simplify requirements and formalities, wherever possible, with respect to the rapid release and clearance of goods;
(c) provide effective, prompt and non-discriminatory procedures guaranteeing the right of appeal against customs and other authorities' administrative actions, rulings and decisions affecting the goods submitted to customs. Such procedures for appeal shall be easily accessible, including to small or medium-sized enterprises, and any costs shall be reasonable and commensurate with the costs incurred by the authorities to ensure the right of appeal;
(d) take steps to ensure that where a disputed administrative action, ruling or decision is the subject of an appeal, goods should normally be released and duty payments may be left pending, subject to any safeguard measures judged necessary. Where required, the release of the goods should be subject to the provision of a guarantee, such as a surety or a deposit; and
(e) ensure that the highest standards of integrity be maintained, in particular at the border, through the application of measures reflecting the principles of the relevant international conventions and instruments in this field, in particular the WCO Revised Arusha Declaration of 2003 and the European Commission blueprint of 2007.
3. The Parties will not apply:
(a) any requirements for the mandatory use of customs brokers; and
(b) any requirements for the mandatory use of pre-shipment or destination inspections.
4. For the purposes of this Agreement, the transit rules and definitions set out in the WTO provisions, in particular Article 19 and related provisions, including any clarifications and amendments resulting from Doha Round negotiations on trade facilitation, shall apply. Those provisions also apply when the transit of goods begins or ends in the territory of a Party (inland transit).
The Parties shall pursue the progressive interconnectivity of their respective customs transit systems, with a view to the future accession of the Republic of Moldova to the Convention on a common transit procedure of 1987.
The Parties shall ensure cooperation and coordination between all authorities concerned in their territories in order to facilitate traffic in transit. Parties shall also promote cooperation between the authorities and the private sector in rela- tion to transit.
Article 194. Relations with the Business Community
The Parties agree:
(a) to ensure that their respective legislation and procedures are transparent and publicly available, as far as possible through electronic means, and contain a justification for their adoption. There should be a reasonable time period between the publication of new or amended provisions and their entry into force;
(b) on the need for timely and regular consultations with trade representatives on legislative proposals and procedures related to customs and trade issues. To that end, appropriate and regular consultation mechanisms between the administration and the business community shall be established by each Party;
(c) to make publicly available, as far as possible through electronic means, relevant notices of an administrative nature, including authorities' requirements and entry or exit procedures, hours of operation and operating procedures for customs offices at ports and border crossing points, and points of contact for information enquiries;
(d) to foster cooperation between operators and relevant administrations using non-arbitrary and publicly accessible procedures such as Memoranda of Understanding, based, in particular, on those promulgated by the WCO; and
(e) to ensure that their respective customs and customs-related requirements and procedures continue to meet the legitimate needs of the trading community, follow best practices, and remain the least trade-restrictive possible.
Article 195. Fees and Charges
1. As of 1 January of the year following the entry into force of this Agreement, the Parties shall prohibit administrative fees having an equivalent effect to import or export duties and charges.
2. With regard to all fees and charges of whatever character imposed by the customs authorities of each Party, including fees and charges for tasks undertaken on behalf of the said authorities, upon or in connection with import or export and without prejudice to the relevant Articles in Chapter 1 (National Treatment and Market Access for Goods) of Title V (Trade and Trade-related Matters) of this Agreement, the Parties agree that:
(a) fees and charges may only be imposed for services provided at the request of the declarant outside normal working conditions, hours of operation and in places other than those referred to in the customs regulations, as well as for any formality related to such services and required for undertaking such import or export;
(b) fees and charges shall not exceed the cost of the service provided;
(c) fees and charges shall not be calculated on an ad valorem basis;
(d) the information on the fees and charges shall be published via an officially designated medium and, where feasible and possible, on an official website. That information shall include the reason for the fee or charge for the service provided, the responsible authority, the fees and charges that will be applied, and when and how payment is to be made; and
(e) new or amended fees and charges shall not be imposed until information on them is published and made readily available.
Article 196. Customs Valuation
1. The provisions of the Agreement on the Implementation of Article VII of GATT 1994 contained in Annex 1A to the WTO Agreement, including any subsequent amendments, shall govern the customs valuation of goods in the trade between the Parties. Those provisions are hereby incorporated into this Agreement and made part thereof. Minimum customs values shall not be used.
2. The Parties shall cooperate with a view to reaching a common approach to issues relating to customs valuation.
Article 197. Customs Cooperation
The Parties shall strengthen cooperation in the area of customs to ensure implementation of the objectives of this Chapter in order to further trade facilitation, while ensuring effective control, security and prevention of fraud. To that end, the Parties will use, where appropriate, the European Commission Customs Blueprints of 2007 as a benchmarking tool.