5. The existence of any of the sub-committees established under Title V (Trade and Trade-related Matters) shall not prevent either Party from bringing any matter directly to the Political and Strategic Dialogue, including in its Trade configuration, as set out in paragraph 3.
6. Nothing in this Agreement shall restrict cooperation between the UK Parliament and the Parliament of the Republic of Moldova or between civil society organisations in the UK and the Republic of Moldova.
7. Upon entry into force of this Agreement, any decisions adopted by the Council and any Committees or sub-committees established by the EU-Moldova Agreement before the EU-Moldova Agreement ceased to apply to the United Kingdom shall, to the extent those decisions relate to the Parties to this Agreement, be deemed to have been adopted, mutatis mutandis and subject to the provisions of this Agreement, by the Political and Strategic Dialogue established by Article 373.
Article 376.
1. For the purpose of attaining the objectives of this Agreement, the Political and Strategic Dialogue shall have the power to take decisions within the scope of this Agreement. Such decisions shall be binding upon the Parties, which shall take appropriate measures, including, if necessary, action of bodies established under this Agreement, to implement the decisions taken. The Political and Strategic Dialogue may also make recommendations. It shall adopt its decisions and recommendations by agreement between the Parties following completion of the respective internal procedures.
2. In accordance with paragraph 1 of this Article, the Political and Strategic Dialogue shall have the power to update or amend the Annexes to this Agreement without prejudice to any specific provisions under Title V (Trade and Trade-related Matters) of this Agreement.
Chapter 2. GENERAL AND FINAL PROVISIONS
Article 377. Access to Courts and Administrative Organs
Within the scope of this Agreement, each Party undertakes to ensure that natural and legal persons of the other Party have access, that is free of discrimination in relation to its own nationals, to its competent courts and administrative organs in order to defend their individual and property rights.
Article 378. Access to Official Documents
The provisions of this Agreement shall be without prejudice to the application of the relevant internal laws and regulations of the Parties regarding public access to official documents.
Article 379. Security Exceptions
Nothing in this Agreement shall prevent a Party from taking any measures:
(a) which it considers necessary to prevent the disclosure of information contrary to its essential security interests;
(b) which relate to the production of, or trade in, arms, munitions or war materiel or to research, development or production indispensable for defence purposes, provided that such measures do not impair the conditions of competition in respect of products not intended for specifically military purposes; and
(c) which it considers essential to its own security, in the event of serious internal disturbances affecting the maintenance of law and order, in time of war or serious international tension constituting threat of war, or in order to carry out obligations it has accepted for the purpose of maintaining peace and international security.
Article 380. Non-discrimination
1. In the fields covered by this Agreement and without prejudice to any special provisions contained therein:
(a) the arrangements applied by the Republic of Moldova in respect of the UK shall not give rise to any discrimination between nationals, companies or firms of the UK; and
(b) the arrangements applied by the UK in respect of the Republic of Moldova shall not give rise to any discrimination between nationals, companies or firms of the Republic of Moldova.
2. The provisions of paragraph 1 shall be without prejudice to the right of the Parties to apply the relevant provisions of their fiscal legislation to taxpayers who are not in identical situations as regards their place of residence.
Article 381. Monitoring
Monitoring shall mean the continuous appraisal of progress in implementing and enforcing measures covered by this Agreement. The Parties will cooperate in order to facilitate the monitoring process in the framework of the institutional bodies established by this Agreement.
Article 382. Results of Monitoring
1. The results of monitoring activities, shall be discussed in the context of the Political and Strategic Dialogue established in Article 373, including the Political and Strategic Dialogue under its trade configuration as set out in Article 375(3) for matters related to Title V (Trade and Trade-related Matters).
2. If the Parties agree that necessary measures covered by Title V (Trade and Trade-related Matters) of this Agreement have been implemented and are being enforced, the Political and Strategic Dialogue, under the powers conferred on it by Article 375 of this Agreement, shall agree on further market opening as defined in Title V (Trade and Trade-related Matters) of this Agreement.
3. Any discussion of monitoring as referred to in paragraph 1 of this Article shall not be subject to dispute settlement as defined in Title V (Trade and Trade-related Matters) of this Agreement. Any decision on monitoring taken by the Political and Strategic Dialogue, or failure to take such a decision, shall not be subject to dispute settlement as defined in Title V (Trade and Trade-related Matters) of this Agreement.
Article 383. Fulfilment of Obligations
1. The Parties shall take any general or specific measures required to fulfil their obligations under this Agreement. They shall ensure that the objectives set out in this Agreement are attained.
2. The Parties agree to consult promptly through appropriate channels at the request of either Party, to discuss any matter concerning the interpretation, implementation, or good faith application of this Agreement and other relevant aspects of the relations between the Parties.
3. The Parties shall refer to the Political and Strategic Dialogue any dispute related to the interpretation, implementation, or good faith application of this Agreement in accordance with Article 384 of this Agreement. The Political and Strategic Dialogue may settle a dispute by means of a binding decision.
Article 384. Dispute Settlement
1. When a dispute arises between the Parties concerning the interpretation, implementation, or good faith application of this Agreement, any Party shall submit to the other Party and the Political and Strategic Dialogue a formal request that the matter in dispute be resolved. By way of derogation, disputes concerning the interpretation, implementation, or good faith application of Title V (Trade and Trade-related Matters) shall be exclusively governed by Chapter 14 (Dispute Settlement) of that Title.
2. The Parties shall endeavour to resolve the dispute by entering into good faith consultations within the Political and Strategic Dialogue, with the aim of reaching a mutually acceptable solution in the shortest time possible.
3. The Parties shall provide the Political and Strategic Dialogue with all information required for a thorough examination of the situation.
4. Notwithstanding the provisions of Article 373 ifa Party makes a formal request that a dispute be resolved, the Parties shall meet in the Political and Strategic Dialogue within 1 month of that request being made. The Parties shall ensure that the configuration of the Political and Strategic Dialogue convened to consider the dispute is comprised of Ministers or senior officials, of both Parties, as appropriate.
5. Notwithstanding the provisions of Article 373, as long as a dispute is not resolved, the Political and Strategic Dialogue shall meet monthly to discuss the dispute. A dispute shall be deemed to be resolved when the Political and Strategic Dialogue has taken a binding decision to settle the matter as provided for in paragraph 3 of Article 383 of this Agreement, or when it has declared that the dispute has ended.
6. All information disclosed during the dispute shall remain confidential.
Article 385. Appropriate Measures In Case of Non-fulfilment of Obligations
1. A Party may take appropriate measures if the matter at issue is not resolved within three months of the date of notification of a formal request for dispute settlement according to Article 384 of this Agreement and if the complaining Party continues to consider that the other Party has failed to fulfil an obligation under this Agreement. The requirement for a three-month consultation period shall not apply to exceptional cases set out in paragraph 3 of this Article.
2. Inthe selection of appropriate measures, priority shall be given to those which least disturb the functioning of this Agreement. Except in the cases described in paragraph 3 of this Article, such measures may not include the suspension of any rights or obligations provided for under provisions of this Agreement set out in Title V (Trade and Trade-related Matters). The measures taken under paragraph 1 of this Article shall be notified immediately to the Political and Strategic Dialogue and shall be the subject of dispute settlement in accordance with paragraph 3 of Article 383 and Article 384 of this Agreement.
3. The exceptions referred to in paragraphs 1 and 2 shall concern:
(a) denunciation of this Agreement not sanctioned by the general rules of international law; or
(b) violation by the other Party of any of the essential elements of this Agreement, referred to in Article 2 of Title I (General Principles) of this Agreement.
Article 386. Amendments
1. Without prejudice to Article 376(2) or any specific provision under Title V (Trade and Trade-related Matters) of this Agreement, the Parties may agree, in writing, to amend this Agreement. An amendment shall enter into force on the date of receipt of the later of the Partiesâ notifications that they have completed their internal procedures, or on such date as the Parties may agree.
2. The Parties may complement this Agreement by concluding specific agreements in any area falling within its scope. Such agreements may be an integral part of the overall bilateral relations as governed by this Agreement and may form part of a common institutional framework, if the Parties agree.
Article 387. Retained Law
1. Except as otherwise provided, references in this Agreement to EU law are to be read as references to that EU law in force as incorporated or implemented in United Kingdom law as retained EU law on the day after the United Kingdom ceases to be bound by the relevant EU law.
2. In this Article "United Kingdom law" includes the law of the territories for whose international relations the United Kingdom is responsible to whom this Agreement extends, as set out in Paragraph 1 of Article 391.
3. In view of the Republic of Moldova's commitments to dynamic approximation, in case of differences, the Parties will address this in the relevant cooperation forum.
Article 388. Annexes and Protocols
The Annexes and Protocols to this Agreement shall form an integral part of this Agreement.
Article 389. Duration
1. This Agreement is concluded for an unlimited period.
2. Either Party may denounce this Agreement by notifying the other Party. This Agreement shall terminate six months from the date of receipt of such notification, except if the provisional application of the Agreement is terminated in accordance with paragraph 7 of Article 392.
Article 390. Definition of the Parties
For the purposes of this Agreement, the term "the Parties" means the UK, of the one part, and the Republic of Moldova, of the other part.
Article 391. Territorial Application
1. This Agreement shall apply, to the extent that and under the conditions which the EU-Moldova Agreement applied immediately before it ceased to apply to the United Kingdom, on the one hand, to the United Kingdom and the following territories for whose international relations it is responsible: (a) Gibraltar; (b) the Channel Islands and the Isle of Man, and, on the other hand, to the territory of the Republic of Moldova.
2. Notwithstanding paragraph 1, the application of this Agreement, or of Title V (Trade and Trade-related Matters) thereof, in relation to those areas of the Republic of Moldova over which the Government of the Republic of Moldova does not exercise effective control, shall commence once the Republic of Moldova ensures the full implementation and enforcement of this Agreement, or of Title V (Trade and Trade-related Matters) thereof, respectively, on its entire territory.
3. The Political and Strategic Dialogue shall adopt a decision on when the full implementation and enforcement of this Agreement, or of Title V (Trade and Trade- related Matters) thereof, on the entire territory of the Republic of Moldova is ensured.
4. Should a Party consider that the full implementation and enforcement of this Agreement, or of Title V (Trade and Trade-related Matters) thereof, is no longer ensured in the areas of the Republic of Moldova referred to in paragraph 2 of this Article, that Party may request the Political and Strategic Dialogue to reconsider the continued application of this Agreement, or of Title V (Trade and Trade-related Matters) thereof, respectively, in relation to the areas concerned. The Political and Strategic Dialogue shall examine the situation and adopt a decision on the continued application of this Agreement, or of Title V (Trade and Trade-related Matters) thereof, within three months of the request. If the Political and Strategic Dialogue does not adopt a decision within three months of the request, the application of this Agreement, or of Title V (Trade and Trade-related Matters) thereof, shall be suspended in relation to the areas concerned until the Political and Strategic Dialogue adopts a decision.
5. Decisions of the Political and Strategic Dialogue under this Article on the application of Title V (Trade and Trade-related Matters) of this Agreement shall cover the entirety of that Title and cannot cover only parts thereof.
Article 392. Entry Into Force and Provisional Application
1. This Agreement shall be ratified or approved in accordance with each of the Parties' own internal procedures. Each Party shall notify the other Party of the completion of those procedures.
2. This Agreement shall enter into force on the date of receipt of the later of the Parties' notifications that they have completed their internal procedures.
3. Pending entry into force of this Agreement, the Parties agree to provisionally apply this Agreement in accordance with each of the Parties' own internal procedures.
4 This Agreement shall be applied provisionally between the Parties on the later of:
(a) the date on which the EU-Moldova Agreement ceases to apply to the United Kingdom; and
(b) the date of receipt of the later notification of provisional application from the United Kingdom or from the Republic of Moldova.
5. Notifications under paragraphs 2 and 4 of this Article shall be submitted by the United Kingdom to the Republic of Moldova's Ministry of Foreign Affairs and European Integration or its successor and by the Republic of Moldova to the United Kingdom's Foreign, Commonwealth and Development Office or its successor.
6 If pending the entry into force of this Agreement it is provisionally applied pursuant to paragraphs 3 and 4, unless this Agreement provides otherwise, all references in this Agreement to the date of entry into force shall be deemed to refer to the date such provisional application takes effect.
7. Either Party may give written notification, through diplomatic channels, to the other Party of its intention to terminate the provisional application of this Agreement. Termination of provisional application shall take effect two months after receipt of the notification by the other Party of this Agreement.
Conclusion
IN WITNESS WHEREOF, the undersigned, duly authorised thereto by their respective Authorities, have signed this Agreement. Done at this of 20 , in two originals, in the English and Romanian languages, both texts being equally authentic.
For the United Kingdom of Great Britain and Northern Ireland:
For the Republic of Moldova:
Attachments
ANNEX XI. 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
UK
1. List of reservations on establishment: Annex XI-A
2. List of commitments on cross-border supply of services: Annex XI-B
3. List of reservations on key personnel, graduate trainees and business sellers: Annex XI-C
4. List of reservations on contractual services suppliers and independent professionals: Annex XI-D
Republic of Moldova
5. List of reservations on establishment: Annex XI-E
6. List of commitments on cross-border supply of services: Annex XI-F
7. List of reservations on key personnel, graduate trainees and business sellers: Annex XI-G
8. List of reservations on contractual services suppliers and independent professionals: Annex XI-H
The following abbreviation is used for the purpose of Annexes XI-A, XI-B, XI-C, XI-D: UK United Kingdom
The following abbreviation is used for the purpose of Annexes XI-E, XI-F, XI-G, XI-H: MD Republic of Moldova
ANNEX XI-A. LIST OF RESERVATIONS ON ESTABLISHMENT (UK)
1. The list of reservations below indicates the economic activities where reservations to national treatment or most favoured treatment by the UK pursuant to Article 180(2) of this Agreement apply to establishments and investors of the Republic of Moldova.
The list is composed of the following elements: (a) alist of horizontal reservations applying to all sectors or sub-sectors;
(b) a list of sector or sub-sector specific reservations indicating the sector or sub-sector concerned along with the reservation(s) applying.
A reservation corresponding to an activity which is not liberalised (Unbound) is expressed as follows: "No national treatment and most favoured nation treatment obligations".
2. In accordance with Article 177(3) of this Agreement, the list below does not include measures concerning subsidies granted by the Parties.
3. The rights and obligations arising from the list below shall have no self- executing effect and thus confer no rights directly on natural or juridical persons.
4. In accordance with Article 180 of this Agreement, non-discriminatory requirements, such as those concerning the legal form or the obligation to obtain licences or permits applicable to all providers operating on the territory without distinction based on nationality, residency or equivalent criteria, are not listed in this Annex as they are not prejudiced by the Agreement.
5. Where the UK maintains a reservation that requires that a service supplier be a national, permanent resident or resident of its territory as a condition to the supply ofa service in its territory, a reservation listed in Annex XI-C to this Agreement shall operate as a reservation with respect to establishment under this Annex, to the extent applicable.
Horizontal reservations
Most Favoured Nation
The UK reserves the right to adopt or maintain any measure which accords differential treatment to a country pursuant to any existing or future bilateral or multilateral agreement which:
(a) creates an internal market in services and investment;
(b) grants the right of establishment; or
(c) requires the approximation of legislation in one or more economic sectors.
An internal market on services and establishment means an area without internal frontiers in which the free movement of services, capital and persons is ensured.
The right of establishment means an obligation to abolish in substance all barriers to establishment among the parties to the regional economic integration agreement by the entry into force of that agreement. The right of establishment shall include the right of nationals of the parties to the regional economic integration agreement to set up and operate enterprises under the same conditions provided for nationals under the law of the country where such establishment takes place.
The approximation of legislation means:
(a) the alignment of the legislation of one or more of the parties to the regional economic integration agreement with the legislation of the other party or parties to that agreement; or
(b) the incorporation of common legislation into the law of the parties to the regional economic integration agreement.
Such alignment or incorporation shall take place, and shall be deemed to have taken place, only at such time that it has been enacted in the law of the party or parties to the regional economic integration agreement.
Public utilities
Economic activities considered as public utilities at a national or local level may be subject to public monopolies or to exclusive rights granted to private operators (1).
Types of establishment
Treatment accorded to subsidiaries (of companies of the Republic of Moldova) formed in accordance with the law of the UK and having their registered office, central administration or principal place of business within the UK is not extended to branches or agencies established in the UK by companies of the Republic of Moldova.
Sectoral reservations
B: Fishing and Aquaculture
Access to and use of the biological resources and fishing grounds situated in the maritime waters coming under the sovereignty or within the jurisdiction of the UK may be restricted to fishing vessels flying the flag of the UK unless otherwise provided for.
No national treatment and most favoured nation obligations for the acquisition of UK flagged vessels, unless the investment is at least 75 % owned by British citizens and/or by companies which are at least 75 % owned by British citizens, in all cases resident and domiciled in the UK. Vessels must be managed, directed and controlled from within the UK.
C: Mining and quarrying
No national treatment and most favoured nation treatment obligations for juridical persons controlled (') by natural or juridical persons of a country which accounts for more than 5 % of the UK's oil or natural gas imports. No national treatment and most favoured nation treatment obligations for direct branching (incorporation is tequired).
D: Manufacturing
No national treatment and most favoured national obligations for juridical persons controlled (2) by natural or juridical persons of a country which accounts for more than 5% of the UK's oil or natural gas imports. No national treatment and most favoured nation treatment obligations for direct branching (incorporation is required).
For production, transmission and distribution on own account of electricity, gas, steam and hot water (3) (excluding muclear based electricity generation)
No national treatment and most favoured nation obligations for production of electricity, transmission and distribution of electricity on own account and manufacture of gas, distribution of gaseous fuels.
For production, transmission and distribution of steam and hot water
No national treatment and most favoured national obligations for juridical persons controlled (1) by natural or juridical persons of a country which accounts for more than 5 % of the UK's oil, electricity or natural gas imports. Unbound for direct branching (incorporation is required).
1. Business services
Professional services
No national treatment and most favoured nation treatment obligations with respect to legal advisory and legal documentations and certification services provided by legal professionals entrusted with public functions, such as notaries, and with respect to services provided by bailiffs who are appointed by an official act of government.
Full admission to the Bar required for the practice of domestic law, which may be subject to a residency requirement.
Research and Development services
For publicly funded Research and Development services, exclusive rights and/or authorisations can only be granted to UK nationals and to UK juridical persons having their headquarters in the UK.
Rental/Leasing without Operators
B: Relating to aircraft:
With respect to rental and leasing relating to aircraft, although waivers can be granted for short-term lease contracts, aircraft must be owned either by natural persons meeting specific nationality criteria or by juridical persons meeting specific criteria regarding ownership of capital and control (including nationality of directors).
Other business services
No national treatment and most favoured nation treatment obligations for supply services of domestic help personnel, other commercial or industrial workers, nursing, and other personnel. Residency or commercial presence is required and nationality requirements may exist.
For investigation services, no national treatment and most favoured treatment obligations. Residency or commercial presence is required and nationality requirements may exist.
2. Communication services Telecommunication services
No national treatment and most favoured nation treatment with respect to broadcast transmission services. Broadcasting is defined as the uninterrupted chain of transmission required for the distribution of TV and radio programme signals to the general public, but does not cover contribution links between operators.
4. Distribution services
No national treatment and most favoured nation treatment obligations with respect to distribution of arms, munitions and explosives.
Nationality condition and residency requirement applies to operate a pharmacy and operate as tobacconists