6. Environmental services
No national treatment and most favoured nation treatment obligations in respect of the provision of services relating to the collection, purification and distribution of water to household, industrial, commercial or other users, including the provision of drinking water, and water management.
7. Financial services (1)
Only firms having their registered office in the UK can act as depositories of the assets of investment funds. The establishment of a specialised management company, having its head office and registered office in the UK, is required to perform the activities of management of unit trusts and investment companies.
8. Health, Social and Education services
No national treatment and most favoured nation treatment obligations with respect to publicly funded health, social and education services.
No national treatment and most favoured nation treatment obligations with respect to privately funded other human health services.
With respect to privately funded education services, nationality conditions may apply for majority of members of the Board.
No national treatment and most favoured nation treatment obligations with respect to the provision of privately funded other education services, which means other than those classified as being primary, secondary, higher and adult education services. No national treatment and most favoured nation treatment obligations with respect to the provision of privately funded social services other than services relating to convalescent and rest houses and old people's homes.
No national treatment and most favoured nation treatment obligations with respect to the provision of privately-funded ambulance services or privately-funded residential health services other than hospital services.
10. Recreational cultural and sporting services
Sporting and other recreational services
No national treatment and most favoured nation treatment obligations with respect to gambling and betting services. For legal certainty it is clarified that no market access is granted.
Libraries, archives, museum and other cultural services
No national treatment and most favoured nation treatment with respect to libraries, archives, museum and other cultural services.
11. Transport
Maritime transport
No national treatment and most favoured treatment obligations for the establishment of a registered company for the purpose of operating a fleet under the national flag of the UK.
Internal Waterways Transport (1)
No national treatment and most favoured nation treatment obligations with respect to national cabotage transport. Measures based upon existing or future agreements on access to inland waterways reserve some traffic rights for operators based in the UK and meeting nationality criteria regarding ownership.
Air transport services
The conditions of mutual market access in air transport shall be dealt with by an agreement or arrangement governing air services between the Republic of Moldova and the UK.
Aircraft used by an air carrier of the UK have to be registered in the UK. With respect to rental of aircraft with crew, 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. Aircraft must be operated by air carriers owned either by natural persons meeting specific nationality criteria or by juridical persons meeting specific criteria regarding ownership of capital and control.
With respect to computer reservation systems (CRS) services, where air carriers of the UK are not accorded equivalent treatment (2) to that provided in the UK by CRS services suppliers outside the UK, or where CRS services suppliers of the UK are not accorded equivalent treatment to that provided in the UK by non-UK air carriers, measures may be taken to accord equivalent treatment, respectively, to the non-UK air carriers by the CRS services suppliers in the UK, or to the non-UK CRS services suppliers by the air carriers in the UK.
Space transport and rental of space craft
No national treatment and most favoured nation treatment with respect to the transportation services via space and the rental of space craft.
Road transport
Incorporation is required (no branching) for cabotage operations. Residency requirement for the transport manager.
14. Energy services
No national treatment and most favoured treatment obligations with respect to juridical persons of Republic of Moldova controlled (1) by natural or juridical persons of a country which accounts for more than 5 % of the UK's oil or natural gas imports, unless the UK provides comprehensive access to this sector to natural or juridical persons of this country, in the context of an economic integration agreement concluded with that country.
No national treatment and most favoured nation treatment obligations for nuclear- based electricity generation and with respect to processing of nuclear fuel.
Certification of a transmission system operator which is controlled by a natural or juridical person or persons from a third country or third countries may be refused where the operator has not demonstrated that granting certification will not put at risk the security of energy supply in the UK, in accordance with Article 11 of Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and Article 11 of Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas.
No national treatment and most favoured nation treatment obligations with respect to pipeline transportation of fuels services, other than consultancy services.
No national treatment and most favoured nation treatment obligations with respect to services incidental to energy distribution, other than consultancy services.
ANNEX XI-E. LIST OF RESERVATIONS ON ESTABLISHMENT (REPUBLIC OF MOLDOVA)
1. The list below indicates the economic activities where reservations to national treatment or most favoured treatment by the Republic of Moldova pursuant to Article 180(1) of this Agreement apply to establishments and investors of the UK.
The list is composed of the following elements:
(a) the first column indicating the sector or subsector in which limitations apply;
(b) the second column describing the applicable reservations in the sector or subsector indicated in the first column.
2. Inidentifying individual sectors and sub-sectors:
(a) CPC means the Central Products Classification as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No 77, CPC prov, 1991;
(b) CPC ver. 1.0 means the Central Products Classification as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No 77, CPC ver 1.0, 1998.
3. In accordance with Article 177(3) of this Agreement, the list below does not include measures concerning subsidies granted by the Parties.
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. 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.
Most Favoured Nation
The Republic of Moldova 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.
Space transport and rental of space craft
No national treatment and most favoured nation treatment with respect to the transportation services via space and the rental of space craft.
| Sector or sub-sector | Description of reservations |
| I. HORIZONTAL RESERVATIONS | Land |
| Reservations include all sectors | Land lease not exceeding 99 years permitted. Foreign supplier may purchase land except for agriculture land and forestry land. |
| I. SPECIFIC RESERVATIONS | |
| 1. BUSINESS SERVICES | |
| A. Professional Services | |
| (a) Legal Services: - Limited on consultancy on host country law; (CPC 861) | Legal services related to representation in courts and other public authorities can be provided by a legal professional from the UK upon association with a local lawyer or following 1 year internship to get a licence in the Republic of Moldova. Legal advising services, except representation in court and other authorities, can be provided after prior registration in special registry of the Council of Bar Association. Translation and/or interpretation services for the judiciary can be provided after prior recognition of the authorisation as a sworn interpreter/translator issued in another state, by the Attestation Commission of the Ministry of Justice. Mediation services can be provided by a person licensed as a mediator in another state after certification by the Mediation Board. Services of authorised bankruptcy administrator can be provided following one year internship and after passing the exam in the Commission for certification and discipline of the Ministry of Justice. Nationality requirement for public notaries and bailiffs |
| (h) Private medical and dental services (CPC 9312) (CPC 9312 excluding services provided by the public sector) | Practice of medical profession by foreigners requires the permission from local health authorities, based on economic needs test. |
| Other Business Services | |
| (x) Placement and supply services of personnel (CPC 872); | Services can only be supplied through juridical persons incorporated in the Republic of Moldova. |
| (l) Investigation and security (CPC 873); | |
| 2. COMMUNICATION SERVICES | |
| A. Postal Services (a) International postal services, as well as internal postal services related to letters up to 350 grams (CPC 7511); | Monopoly of the "Posta Moldova" State Company |
| 7. FINANCIAL SERVICES Banking sector and other financial services (excluding insurance) | |
| Participation in issues of all kinds of securities, including underwriting and placement as agent (whether publicly or privately) and provision of service related to such issues. | The National Bank of Moldova is a fiscal agency of the Government on the T-bills market. |
ANNEX XV. MEDIATION MECHANISM
1. Objective
The objective of this Annex is to facilitate a mutually agreed solution through a comprehensive and expeditious procedure with the assistance of a mediator.
Section 1. PROCEDURE UNDER THE MEDIATION MECHANISM
2. Request for Information
1. Before the initiation of the mediation procedure, a Party may request, at any time, in writing, information regarding a measure adversely affecting trade or investment between the Parties. The Party to which such request is made shall provide, within 20 days, a written response containing its comments on the information contained in the request.
2. Where the responding Party considers that a response within 20 days is not practicable, it shall inform the requesting Party of the reasons for the delay, together with an estimate of the shortest period within which it will be able to provide its response.
3. Initiation of the Procedure
1. A Party may request, at any time, that the Parties enter into a mediation procedure. Such request shall be addressed to the other Party in writing. The request shall be sufficiently detailed in order to clearly present the concerns of the requesting Party and shall:
(a) identify the specific measure at issue;
(b) provide a statement of the alleged adverse effects that the requesting Party believes the measure has, or will have, on trade or investment between the Parties; and
(c) explain how the requesting Party considers that those effects are linked to the measure.
2. The mediation procedure may only be initiated by mutual agreement of the Parties. The Party to which a request pursuant to paragraph 1 is addressed shall give sympathetic consideration to the request and reply by accepting or rejecting it in writing within 10 days of its receipt.
4. Selection of the Mediator
1. Upon the launch of the mediation procedure, the Parties shall endeavour to agree on a mediator no later than 15 days after the receipt of the reply to the request referred to in Article 3 of this Annex.
2. In the event that the Parties are unable to agree on the mediator within the time frame laid down in paragraph 1 of this Article, either Party may request the chair or co-chairs of the Political and Strategic Dialogue in Trade configuration as set out in Article 375(3) of this Agreement, or their delegates, to select the mediator, by drawing lots, from the list established under Article 370(1) of this Agreement. Representatives of both Parties shall be invited, with sufficient advance notice, to be present when the lots are drawn. In any event, the drawing of lots shall be carried out with the Party/Parties that is/are present.
3. The chair or co-chairs of the Political and Strategic Dialogue in Trade configuration as set out in Article 375(3) of this Agreement, or their delegates, shall select the mediator within five working days of the request made under paragraph 2 of this Article by either Party.
4. Should the list referred to in Article 370(1) of this Agreement not be established at the time a request is made pursuant to Article 3 of this Annex, the mediator shall be selected, by drawing lots, from the individuals which have been formally proposed by one or both of the Parties.
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 XVII 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 XVI 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 Political and Strategic Dialogue in Trade configuration as set out in Article 375(3) 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 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 an arbitration 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 an arbitration 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 XVI. 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 352 of this Agreement;
(c) "arbitration panel" means a panel established under Article 352 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 351 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 348 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 Department for International Trade of the United Kingdom, or its successor, 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 UK 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 352 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 352 of this Agreement or to rule 20 of these Rules, an arbitrator is selected by drawing lots and there are two chairs of the Political and Strategic Dialogue in Trade configuration as set out in Article 375(3) of this Agreement, both chairs, or their delegates, or one chair alone in cases where the other chair or his/her 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 352 of this Agreement shall confirm his/her availability to serve as an arbitrator to the Political and Strategic Dialogue in Trade configuration as set out in Article 375(3) 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 348 of this Agreement and to make a ruling in accordance with Articles 354 and 369 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 XV, XVI and XVII 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.