Moldova, Republic of - United Kingdom Strategic Partnership, Trade and Cooperation Agreement (2020)
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Cooperation shall focus on the development of efficient and accountable public administration in the Republic of Moldova, with the aim of supporting implementation of the rule of law, ensuring that state institutions work for the benefit of the entire population of the Republic of Moldova, and promoting the smooth development of relations between the Republic of Moldova and its partners. Particular attention will be given to the modernisation and development of executive functions, with the goal of providing quality services to the citizens of the Republic of Moldova.

Article 24.

Cooperation shall cover the following areas:

(a) the institutional and functional development of public authorities, in order to increase the efficiency of their activity and to ensure an efficient, participatory and transparent decision-making and strategic planning process;

(b) modernisation of public services, including the introduction and implementation of e-Governance, with a view to increasing the efficiency of service delivery to citizens and reducing the costs of doing business;

(c) creation of a professional civil service based on the principle of managerial accountability and effective delegation of authority, as well as fair and transparent recruitment, training, assessment and remuneration;

(d) effective and professional human resource management and career development; and (e) the promotion of ethical values in the civil service.

Article 25.

Cooperation shall cover all levels of public administration, including local administration.

Chapter 2. ECONOMIC DIALOGUE

Article 26.

1. The UK and the Republic of Moldova shall facilitate the process of economic reform by improving the understanding of the fundamentals of their respective economies. Cooperation between the Parties shall aim to promote economic policies pertinent to functioning market economies as well as the formulation and implementation of those economic policies.

2. The Parties shall remain committed to a functioning market economy in accordance with the guiding principles of sound macroeconomic and fiscal policies.

Article 27.

To those ends, the Parties agree to cooperate in the following areas:

(a) exchange of information on macroeconomic policies and structural reforms as well as on macroeconomic performance and prospects, and on strategies for economic development;

(b) joint analysis of economic issues of mutual interest, including economic policy measures and the instruments for implementing them, such as methods for economic forecasting and elaboration of strategic policy documents, with a view to strengthening the policy-making of the Republic of Moldova;

(c) exchange of expertise in the macroeconomic and macrofinancial sphere, including public finances, financial sector developments and regulation, monetary and exchange rate policies and frameworks, external financial assistance, and economic statistics.

Article 28.

A regular dialogue may take place between the Parties on the issues covered by this Chapter.

Chapter 3. COMPANY LAW, ACCOUNTING AND AUDITING AND CORPORATE GOVERNANCE

Article 29.

1. Recognising the importance of an effective set of rules and practices in the areas of company law and corporate governance, as well as in accounting and auditing, for creating a fully-functioning market economy and for fostering trade, the Parties agree to cooperate in relation to:

(a) protecting shareholders, creditors and other stakeholders;

(b) using relevant international standards at a national level, and developing appropriate domestic systems, in the field of accounting and auditing;

(c) further developing of corporate governance policy in line with international standards, in particular the OECD Principles on Corporate Governance.

Article 30.

The Parties will aim at sharing information and expertise on both existing systems and relevant new developments in those areas. In addition, the Parties may seek to improve information exchange between the business registers of the UK and the national register of companies of the Republic of Moldova.

Article 31.

A regular dialogue may take place between the Parties on the issues covered by this Chapter.

Chapter 4. EMPLOYMENT, SOCIAL POLICY AND EQUAL OPPORTUNITIES

Article 32.

The Parties shall strengthen their dialogue and cooperation on promoting the International Labour Organisation (ILO) Decent Work Agenda, employment policy, health and safety at work, social dialogue, social protection, social inclusion, gender equality and anti-discrimination, and social rights, and thereby contribute to the promotion of more and better jobs, poverty reduction, enhanced social cohesion, sustainable development and improved quality of life.

The Parties agree to cooperate in the field of social policies.

Article 33.

Cooperation, based on exchange of information and best practices, may cover a selected number of issues to be identified among the following areas:

(a) poverty reduction and the enhancement of social cohesion;

(b) employment policy, aiming at more and better jobs with decent working conditions, including with a view to reducing the informal economy and informal employment;

(c) promoting active labour market measures and efficient employment services to modernise the labour markets and to adapt to labour market needs;

(d) fostering more inclusive labour markets and social safety systems that integrate disadvantaged people, including people with disabilities and people from minority groups;

(e) efficient management of labour migration, aiming at strengthening its positive impact on development;

(f) equal opportunities, aiming at enhancing gender equality and ensuring equal opportunities between women and men, as well as preventing and combating discrimination on all grounds;

(g) social policy, aiming at enhancing the level of social protection, including social assistance and social insurance, and modernising social protection systems, in terms of quality, accessibility and financial sustainability;

(h) enhancing the participation of social partners and promoting social dialogue, including through strengthening the capacity of all relevant stakeholders; and

(i) promoting health and safety at work.

Article 34.

The Parties shall encourage the involvement of all relevant stakeholders, including civil society organisations and in particular social partners, in policy development and reforms in the Republic of Moldova and in the cooperation between the Parties under this Agreement.

Article 35.

The Parties shall aim at enhancing cooperation on employment and social policy matters in all relevant regional, multilateral and international fora and organisations.

Article 36.

The Parties shall promote corporate social responsibility and accountability and encourage responsible business practices, such as those promoted by the UN Global Compact and the ILO tripartite declaration of principles concerning multinational enterprises and social policy.

Article 37.

A regular dialogue may take place between the Parties on the issues covered by this Chapter.

Chapter 5. CONSUMER PROTECTION

Article 38.

The Parties shall cooperate in order to ensure a high level of consumer protection.

Article 39.

In order to achieve that objectives, the cooperation may comprise, when appropriate:

(a) promoting exchange of information on consumer protection systems, including consumer legislation and its enforcement, consumer product safety, including market surveillance, consumer information systems and tools, consumer education, empowerment and consumer redress, and sales and service contracts concluded between traders and consumers;

(b) promoting training activities for administration officials and other consumer interest representatives; and

(c) encouraging the development of independent consumer associations, including non-governmental consumer organisations (NGOs), and contacts between consumer representatives, as well as collaboration between authorities and NGOs in the field of consumer protection.

Chapter 6. STATISTICS

Article 40.

The Parties shall develop and strengthen their cooperation on statistical issues, thereby contributing to the long-term objective of providing timely, internationally comparable and reliable statistical data. It is expected that a sustainable, efficient and professionally independent national statistical system shall produce information relevant for citizens, businesses and decision makers in the UK and in the Republic of Moldova, enabling them to take informed decisions on that basis. The national statistical system should respect the UN Fundamental Principles of Official Statistics,, taking into account international standards and best practice, in order to align the national statistical system with internationally comparable norms and standards.

Article 41.

Cooperation shall aim at:

(a) further strengthening the capacity of the national statistical system, focusing on the sound legal basis, production of adequate data and metadata, dissemination policy and user-friendliness, taking into account various groups of users, including public and private sectors, the academic community and other users;

(b) fine-tuning of data provision, taking into account the application of relevant international methodologies, including classifications;

(c) enhancing the professional and management capacity of the national statistical staff to facilitate the application of statistical standards and to contribute to the development of the statistical system of the Republic of Moldova;

(d) exchanging experience between the Parties on the development of statistical know-how; and

(e) promoting total quality management of all statistical production processes and dissemination.

Article 42.

The Parties shall further cooperate, inter alia, on the areas of:

(a) demographic statistics, including censuses, and social statistics;

(b) agricultural statistics, including agricultural censuses and environment statistics;

(c) business statistics, including business registers and use of administrative sources for statistical purposes;

(d) macroeconomic statistics, including national accounts, foreign trade statistics, and foreign direct investment statistics;

(e) energy statistics, including balances;

(f) regional statistics; and

(g) horizontal activities, including statistical classifications, quality management, training, dissemination and use of modern information technologies.

Article 43.

The Parties shall, inter alia, exchange information and expertise and shall develop their cooperation, taking into account the already accumulated experience in the reform of the statistical system. The emphasis in the statistical data production process shall be the further development of sample surveys and usage of administrative records, while taking into account the need to reduce the response burden. The data shall be relevant for the designing and monitoring of policies in key areas of social and economic life.

Article 44.

A regular dialogue may take place between the Parties on the issues covered by this Chapter.

Chapter 7. MANAGEMENT OF PUBLIC FINANCES: BUDGET POLICY, INTERNAL CONTROL, FINANCIAL INSPECTION AND EXTERNAL AUDIT

Article 45.

Cooperation in the field covered by this Chapter will focus on the implementation of international standards as well as good practice in this field, which will contribute to the development of a modern public finance management system in the Republic of Moldova, and international principles of transparency, accountability, economy, efficiency and effectiveness.

Article 46. Budget and Accounting Systems

The Parties shall cooperate in relation to:

(a) improvement and systematisation of regulatory documents on the budgetary, treasury, accounting and reporting systems and their harmonisation on the basis of international standards;

(b) continuous development of multi-annual budget planning;

(c) exchange of information, experiences and good practice, including through personnel exchange and joint training in this field.

Article 47. Internal Control, Financial Inspection and External Audit

The Parties shall also cooperate in relation to:

(a) further improvement of the internal control system (including a functionally independent internal audit function) in state and local authorities by means of harmonisation with generally accepted international standards and methodologies;

(b) the development of an adequate financial inspection system that will complement but not duplicate the internal audit function and will ensure adequate control coverage of government income and expenditure during a transitional period and thereafter;

(c) effective cooperation between the actors involved in financial management and control, audit and inspection with the actors for budget, treasury and accounting to foster the development of governance;

(d) strengthening the competences of the Central Harmonisation Unit for the Public Internal Financial Control (PIFC);

(e) the implementation of internationally accepted external audit standards by the International Organisation of Supreme Audit Institutions (INTOSAD); and

(f) exchange of information, experiences and good practice through, inter alia, personnel exchange and joint training in this field.

Article 48. Fight Against Fraud and Corruption

The Parties shall also cooperate in relation to:

(a) exchanging information, experience and good practice;

(b) improving methods to combat and prevent fraud and corruption in the areas covered by this Chapter, including co- operation between relevant administrative bodies.

Article 49.

A regular dialogue may take place between the Parties on the issues covered by this Chapter.

Chapter 8. TAXATION

Article 50.

The Parties shall cooperate to enhance good governance in the tax area, with a view to the further improvement of economic relations, trade, investment and fair competition.

Article 51.

1. With reference to Article 50 of this Agreement, the Parties recognise and commit themselves to implement the principles of good governance in the tax area, ie. the principles of transparency, exchange of information and fair tax competition.

2. Nothing in this Agreement affects the rights and obligations, under any tax convention, of the United Kingdom and Moldova. In the event of any inconsistency between this Agreement and any such tax convention, the tax convention prevails to the extent of the inconsistency.

3. For the purposes of this Article "tax convention" means a convention for the avoidance of double taxation, or any other international taxation agreement or arrangement (including, for the avoidance of doubt, such a convention, agreement or arrangement which is made after this Agreement is ratified, or any amendment to such a convention, agreement or arrangement).

Article 52.

The Parties shall enhance and strengthen their cooperation, with the aim of ensuring effective tax collection and reinforcing the fight against tax fraud and tax avoidance.

Article 53.

 The Parties shall develop their cooperation in counteracting and fighting fraud and the smuggling of excisable products. To that end, the Parties will strive to strengthen their cooperation within the regional context.

Article 54.

A regular dialogue may take place between the Parties on the issues covered by this Chapter.

Chapter 9. FINANCIAL SERVICES

Article 55.

Recognising the relevance of an effective set of rules and practices in the areas of financial services to establish a fully-functioning market economy and in order to foster trade exchanges among the Parties, the Parties agree to cooperate in the area of financial services in line with the following objectives:

(a) supporting the process of adapting financial services regulation to the needs of an open market economy;

(b) ensuring effective and adequate protection of investors and other consumers of financial services;

(c) ensuring the stability and integrity of the financial system of the Republic of Moldova in its entirety;

(d) promoting cooperation between different actors of the financial system, including regulators and supervisors; and

(e) ensuring independent and effective supervision.

Article 56.

1. The Parties shall encourage cooperation between relevant regulatory and supervisory authorities, including information exchange, sharing of expertise on financial markets and other such measures.

2. Special attention shall be paid to the development of administrative capacity of such authorities, including through personnel exchange and joint training.

Article 57.

A regular dialogue may take place between the Parties on the issues covered by this Chapter.

Chapter 10. INDUSTRIAL AND ENTERPRISE POLICY

Article 58.

The Parties shall develop and strengthen their cooperation on industrial and enterprise policy, thereby improving the business environment for all economic operators, but with particular emphasis on small and medium-sized enterprises (SMEs). Enhanced cooperation should improve the administrative and regulatory framework for both UK businesses and businesses of the Republic of Moldova operating in the UK and in the Republic of Moldova, taking into account internationally recognised principles and practices in this field.

Article 59.

To those ends, the Parties shall cooperate in order to:

(a) implement strategies for SME development. That cooperation will also include a focus on micro enterprises, which are extremely important for both the economies of the UK and of the Republic of Moldova;

(b) create better framework conditions, via the exchange of information and good practice, thereby contributing to improving competitiveness. That cooperation may include the management of structural changes (restructuring), the development of public-private partnerships, and environmental and energy issues, such as energy efficiency and cleaner production;

(c) simplify and rationalise regulations and regulatory practice, with specific focus on exchange of good practice on regulatory techniques;

(d) encourage the development of innovation policy, via the exchange of information and good practice regarding the commercialisation of research and development (including support instruments for technology-based business start-ups), cluster development and access to finance;

(e) encourage greater contacts between UK businesses and businesses of the Republic of Moldova and between those businesses and the authorities of the UK and the Republic of Moldova;

(f) support the establishment of export promotion activities in the Republic of Moldova; and

(g) facilitate the modernisation and restructuring of the industry of the Republic of Moldova in certain sectors.

Article 60.

A regular dialogue may take place between the Parties on the issues covered by this Chapter. That may also involve representatives of UK businesses and businesses of the Republic of Moldova.

Chapter 11. MINING AND RAW MATERIALS

Article 61.

The Parties may develop and strengthen cooperation covering mining industries and trade in raw materials, with the objectives of promoting mutual understanding, improvement of the business environment, information exchange and cooperation on non-energy issues, relating in particular to the mining of metallic ores and industrial minerals.

Article 62.

  • Article   1 Objectives 1
  • Title   I GENERAL PRINCIPLES 1
  • Article   2 1
  • Title   II POLITICAL DIALOGUE AND REFORM, COOPERATION IN THE FIELD OF FOREIGN AND SECURITY POLICY 1
  • Article   3 Aims of Political Dialogue 1
  • Article   4 Domestic Reform 1
  • Article   5 1
  • Article   6 1
  • Article   7 Foreign and Security Policy 1
  • Article   8 International Criminal Court 1
  • Article   9 Conflict Prevention and Crisis Management 1
  • Article   10 Regional Stability 1
  • Article   11 Weapons of Mass Destruction 1
  • Article   12 Small Arms and Light Weapons and Conventional Arms Export Control 1
  • Article   13 International Cooperation In the Fight Against Terrorism 1
  • Title   II FREEDOM, SECURITY AND JUSTICE 1
  • Article   14 Rule of Law 1
  • Article   15 Protection of Personal Data 1
  • Article   16 Cooperation on Migration, Asylum and Border Management 1
  • Article   17 Movement of Persons 1
  • Article   18 Preventing and Combating Organised Crime, Corruption and other Illegal Activities 1
  • Article   19 Tackling Illicit Drugs 1
  • Article   20 Preventing and Combating Money Laundering and Financing of Terrorism 1
  • Article   21 Combating Terrorism 1
  • Article   22 Legal Cooperation 1
  • Title   IV ECONOMIC AND OTHER SECTORAL COOPERATION 1
  • Chapter   1 PUBLIC ADMINISTRATION REFORM 1
  • Article   23 2
  • Article   24 2
  • Article   25 2
  • Chapter   2 ECONOMIC DIALOGUE 2
  • Article   26 2
  • Article   27 2
  • Article   28 2
  • Chapter   3 COMPANY LAW, ACCOUNTING AND AUDITING AND CORPORATE GOVERNANCE 2
  • Article   29 2
  • Article   30 2
  • Article   31 2
  • Chapter   4 EMPLOYMENT, SOCIAL POLICY AND EQUAL OPPORTUNITIES 2
  • Article   32 2
  • Article   33 2
  • Article   34 2
  • Article   35 2
  • Article   36 2
  • Article   37 2
  • Chapter   5 CONSUMER PROTECTION 2
  • Article   38 2
  • Article   39 2
  • Chapter   6 STATISTICS 2
  • Article   40 2
  • Article   41 2
  • Article   42 2
  • Article   43 2
  • Article   44 2
  • Chapter   7 MANAGEMENT OF PUBLIC FINANCES: BUDGET POLICY, INTERNAL CONTROL, FINANCIAL INSPECTION AND EXTERNAL AUDIT 2
  • Article   45 2
  • Article   46 Budget and Accounting Systems 2
  • Article   47 Internal Control, Financial Inspection and External Audit 2
  • Article   48 Fight Against Fraud and Corruption 2
  • Article   49 2
  • Chapter   8 TAXATION 2
  • Article   50 2
  • Article   51 2
  • Article   52 2
  • Article   53 2
  • Article   54 2
  • Chapter   9 FINANCIAL SERVICES 2
  • Article   55 2
  • Article   56 2
  • Article   57 2
  • Chapter   10 INDUSTRIAL AND ENTERPRISE POLICY 2
  • Article   58 2
  • Article   59 2
  • Article   60 2
  • Chapter   11 MINING AND RAW MATERIALS 2
  • Article   61 2
  • Article   62 3
  • Chapter   12 AGRICULTURE AND RURAL DEVELOPMENT 3
  • Article   63 3
  • Article   64 3
  • Chapter   13 FISHERIES AND MARITIME POLICY 3
  • Section   1 FISHERIES POLICY 3
  • Article   66 3
  • Article   67 3
  • Article   68 3
  • Section   2 MARITIME POLICY 3
  • Article   69 3
  • Article   70 3
  • Chapter   14 ENERGY COOPERATION 3
  • Article   71 3
  • Article   72 3
  • Article   73 3
  • Chapter   15 TRANSPORT 3
  • Article   74 3
  • Article   75 3
  • Article   76 3
  • Article   77 3
  • Chapter   16 ENVIRONMENT 3
  • Article   78 3
  • Article   79 3
  • Article   80 3
  • Article   81 3
  • Article   82 3
  • Chapter   17 CLIMATE ACTION 3
  • Article   83 3
  • Article   84 3
  • Article   85 3
  • Article   86 3
  • Article   87 3
  • Chapter   18 INFORMATION SOCIETY 3
  • Article   88 3
  • Article   89 3
  • Article   90 4
  • Article   91 4
  • Chapter   19 TOURISM 4
  • Article   92 4
  • Article   93 4
  • Article   94 4
  • Article   95 4
  • Chapter   20 REGIONAL DEVELOPMENT 4
  • Article   96 4
  • Chapter   21 PUBLIC HEALTH 4
  • Article   97 4
  • Article   98 4
  • Chapter   22 CIVIL PROTECTION 4
  • Article   99 4
  • Article   100 4
  • Article   101 4
  • Article   1012 4
  • Article   103 4
  • Chapter   23 COOPERATION ON EDUCATION, TRAINING, MULTILINGUALISM, YOUTH AND SPORT 4
  • Article   104 4
  • Article   105 4
  • Article   106 4
  • Article   107 4
  • Article   108 4
  • Chapter   24 COOPERATION IN RESEARCH, TECHNOLOGICAL DEVELOPMENT AND DEMONSTRATION 4
  • Article   109 4
  • Article   110 4
  • Chapter   25 COOPERATION ON CULTURE, AUDIO-VISUAL POLICY AND MEDIA 4
  • Article   111 4
  • Article   112 4
  • Article   113 4
  • Chapter   26 CIVIL SOCIETY COOPERATION 4
  • Article   114 4
  • Article   115 4
  • Article   116 4
  • Chapter   27 COOPERATION IN THE PROTECTION AND PROMOTION OF THE RIGHTS OF THE CHILD 4
  • Article   117 4
  • Article   118 4
  • Article   119 4
  • Title   V TRADE AND TRADE-RELATED MATTERS 4
  • Chapter   1 NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS 4
  • Section   1 COMMON PROVISIONS 4
  • Article   120 Objective 4
  • Article   121 Scope and Coverage 4
  • Section   2 ELIMINATION OF CUSTOMS DUTIES, FEES AND OTHER CHARGES 4
  • Article   122 Definition of Customs Duties 4
  • Article   123 Classification of Goods 4
  • Article   124 Elimination of Customs Duties on Imports 4
  • Article   125 Anti-circumvention Mechanism for Agricultural Products and Processed Agricultural Products 5
  • Article   126 Standstill 5
  • Article   127 Customs Duties on Exports 5
  • Article   128 Fees and other Charges 5
  • Section   3 NON-TARIFF MEASURES 5
  • Article   129 National Treatment 5
  • Article   130 Import and Export Restrictions 5
  • Section   4 SPECIFIC PROVISIONS RELATED TO GOODS 5
  • Article   131 General Exceptions 5
  • Section   5 ADMINISTRATIVE COOPERATION AND COORDINATION WITH OTHER COUNTRIES 5
  • Article   132 Special Provisions on Administrative Cooperation 5
  • Article   133 Management of Administrative Errors 5
  • Article   134 Agreements with other Countries 5
  • Chapter   2 TRADE REMEDIES 5
  • Section   1 GLOBAL SAFEGUARD MEASURES 5
  • Article   135 General Provisions 5
  • Article   136 Transparency 5
  • Article   137 Application of Measures 5
  • Section   2 ANTI-DUMPING AND COUNTERVAILING MEASURES 5
  • Article   138 General Provisions 5
  • Article   139 Transparency 5
  • Article   140 Consideration of Public Interest 5
  • Article   141 Lesser Duty Rule 5
  • Section   3 BILATERAL SAFEGUARD MEASURES 5
  • Article   142 Application of a Bilateral Safeguard Measure 5
  • Article   143 Conditions and Limitations 5
  • Article   144 Provisional Measures 5
  • Article   145 Compensation 5
  • Article   146 Definitions 5
  • Chapter   3 TECHNICAL BARRIERS TO TRADE, STANDARDISATION, METROLOGY, ACCREDITATION AND CONFORMITY ASSESSMENT 5
  • Article   147 Scope and Definitions 5
  • Article   148 Affirmation of the TBT Agreement 5
  • Article   149 Technical Cooperation 5
  • Article   150 Technical Regulations, Standards and Conformity Assessment 5
  • Article   151 Agreement on Conformity Assessment and Acceptance of Industrial Products (ACAA) 5
  • Article   152 Marking and Labelling 5
  • Chapter   4 SANITARY AND PHYTOSANITARY MEASURES 5
  • Article   153 Objective 5
  • Article   154 Multilateral Obligations 5
  • Article   155 Scope 5
  • Article   156 Definitions 5
  • Article   157 Competent Authorities 6
  • Article   158 Recognition for Trade Purposes of Animal Health and Pest Status and Regional Conditions 6
  • Article   159 Recognition of Equivalence 6
  • Article   160 Transparency and Exchange of Information 6
  • Article   161 Notification, Consultation and Facilitation of Communication 6
  • Article   162 Trade Conditions 6
  • Article   163 Certification Procedure 6
  • Article   164 Verification 6
  • Article   165 Import Checks and Inspection Fees 6
  • Article   166 Safeguard Measures 6
  • Article   167 Sanitary and Phytosanitary Sub-Committee 6
  • Chapter   5 CUSTOMS AND TRADE FACILITATION 6
  • Article   168 Objectives 6
  • Article   169 Legislation and Procedures 6
  • Article   170 Relations with the Business Community 7
  • Article   171 Fees and Charges 7
  • Article   172 Customs Valuation 7
  • Article   173 Customs Cooperation 7
  • Article   174 Mutual Administrative Assistance In Customs Matters 7
  • Article   175 Technical Assistance and Capacity Building 7
  • Article   176 Customs Sub-Committee 7
  • Chapter   6 ESTABLISHMENT, TRADE IN SERVICES AND ELECTRONIC COMMERCE 7
  • Section   1 GENERAL PROVISIONS 7
  • Article   177 Objective, Scope and Coverage 7
  • Article   178 Definitions 7
  • Section   2 ESTABLISHMENT 7
  • Article   179 Scope 7
  • Article   180 National Treatment and Most-favoured-nation Treatment 7
  • Article   181 Review 7
  • Article   182 Other Agreements 7
  • Article   183 Standard of Treatment for Branches and Representative Offices 7
  • Section   3 CROSS-BORDER SUPPLY OF SERVICES 7
  • Article   184 Scope 7
  • Article   185 Market Access 7
  • Article   186 National Treatment 7
  • Article   187 Lists of Commitments 8
  • Article   188 Review 8
  • Section   4 TEMPORARY PRESENCE OF NATURAL PERSONS FOR BUSINESS PURPOSES 8
  • Article   189 Scope and Definitions 8
  • Article   190 Key Personnel and Graduate Trainees 8
  • Article   191 Business Sellers 8
  • Article   192 Contractual Service Suppliers 8
  • Article   193 Independent Professionals 8
  • Section   5 REGULATORY FRAMEWORK 8
  • Subsection   1 DOMESTIC REGULATION 8
  • Article   194 Scope and Definitions 8
  • Article   195 Conditions for Licencing and Qualification 8
  • Article   196 Licencing and Qualification Procedures 8
  • Subsection   2 PROVISIONS OF GENERAL APPLICATION 8
  • Article   197 Mutual Recognition 8
  • Article   198 Transparency and Disclosure of Confidential Information 8
  • Subsection   3 COMPUTER SERVICES 8
  • Article   199 Understanding on Computer Services 8
  • Subsection   4 POSTAL AND COURIER SERVICES 8
  • Article   200 Scope and Definitions 8
  • Article   201 Prevention of Anti-competitive Practices In the Postal and Courier Sector 8
  • Article   202 Universal Service 8
  • Article   203 Licences 8
  • Article   204 Independence of the Regulatory Body 8
  • Subsection   5 ELECTRONIC COMMUNICATION NETWORKS AND SERVICES 8
  • Article   205 Scope and Definitions 8
  • Article   206 Regulatory Authority 9
  • Article   207 Authorisation to Provide Electronic Communication Services 9
  • Article   208 Access and Interconnection 9
  • Article   209 Scarce Resources 9
  • Article   210 Universal Service 9
  • Article   211 Cross-border Provision of Electronic Communication Services 9
  • Article   212 Confidentiality of Information 9
  • Article   213 Disputes between Services Suppliers 9
  • Subsection   6 FINANCIAL SERVICES 9
  • Article   214 Scope and Definition 9
  • Article   215 Prudential Carve-out 9
  • Article   216 Effective and Transparent Regulation 9
  • Article   217 New Financial Services 9
  • Article   218 Data Processing 9
  • Article   219 Specific Exceptions 9
  • Article   220 Self-regulatory Organisations 9
  • Article   221 Clearing and Payment Systems 9
  • Article   222 International Standards 9
  • Subsection   7 TRANSPORT SERVICES 9
  • Article   223 Scope 9
  • Article   224 International Maritime Transport 9
  • Article   225 Air Transport 9
  • Section   6 ELECTRONIC COMMERCE 9
  • Section   1 GENERAL PROVISIONS 10
  • Article   226 Objective and Principles 10
  • Article   227 Cooperation In Electronic Commerce 10
  • Subsection   2 LIABILITY OF INTERMEDIARY SERVICE PROVIDERS 10
  • Article   228 Use of Intermediaries' Services 10
  • Article   229 Liability of Intermediary Service Providers: "mere Conduit" 10
  • Article   230 Liability of Intermediary Service Providers: "caching" 10
  • Article   231 Liability of Intermediary Service Providers: "hosting" 10
  • Article   232 No General Obligation to Monitor 10
  • Section   7 EXCEPTIONS 10
  • Article   233 General Exceptions 10
  • Article   234 Recognition and Taxation Measures 10
  • Article   235 Security Exceptions Nothing In this Agreement Shall Be Construed To: 10
  • Chapter   7 CURRENT PAYMENTS AND MOVEMENT OF CAPITAL 10
  • Article   236 Current Payments 10
  • Article   237 Capital Movements 10
  • Article   238 Safeguard Measures 10
  • Article   239 Facilitation and Evolution Provisions 10
  • Chapter   8 PUBLIC PROCUREMENT 10
  • Article   240 Objectives 10
  • Article   241 Scope 10
  • Article   242 Institutional Background 10
  • Article   243 Basic Standards Regulating the Award of Contracts 10
  • Article   244 Market Access 10
  • Article   245 Information 10
  • Article   246 Cooperation 10
  • Chapter   9 INTELLECTUAL PROPERTY RIGHTS 10
  • Section   1 GENERAL PROVISIONS AND PRINCIPLES 10
  • Article   247 Objectives 10
  • Article   248 Nature and Scope of Obligations 10
  • Article   249 Exhaustion 10
  • Section   2 STANDARDS CONCERNING INTELLECTUAL PROPERTY RIGHTS 10
  • Subsection   1 COPYRIGHT AND RELATED RIGHTS 10
  • Article   250 Protection Granted 10
  • Article   251 Authors 11
  • Article   252 Performers 11
  • Article   253 Producers of Phonograms 11
  • Article   254 Broadcasting Organisations 11
  • Article   255 Broadcasting and Communication to the Public 11
  • Article   256 Term of Protection 11
  • Article   257 Protection of Technological Measures 11
  • Article   258 Protection of Rights-management Information 11
  • Article   259 Exceptions and Limitations 11
  • Article   260 Artists' Resale Right In Works of Art 11
  • Article   261 Cooperation on Collective Management of Rights 11
  • Subsection   2 TRADEMARKS 11
  • Article   262 International Agreements 11
  • Article   263 Registration Procedure 11
  • Article   264 Well-known Trademarks 11
  • Article   265 Exceptions to the Rights Conferred by a Trademark 11
  • Subsection   3 GEOGRAPHICAL INDICATIONS 11
  • Article   266 Scope 11
  • Article   267 Established Geographical Indications 11
  • Article   268 Addition of New Geographical Indications 11
  • Article   269 Scope of Protection of Geographical Indications 11
  • Article   270 Right of Use of Geographical Indications 11
  • Article   271 Enforcement of Protection 11
  • Article   272 Implementation of Complementary Actions 11
  • Article   273 Relationship with Trademarks 11
  • Article   274 General Rules 11
  • Article   275 Cooperation and Transparency 11
  • Article   276 Geographical Indications Sub-Committee 11
  • Subsection   4 DESIGNS 11
  • Article   277 International Agreements 11
  • Article   278 Protection of Registered Designs 11
  • Article   279 Protection Conferred to Unregistered Designs 12
  • Article   280 Exceptions and Exclusions 12
  • Article   281 Relationship to Copyright 12
  • Subsection   5 PATENTS 12
  • Article   282 International Agreements 12
  • Article   283 Patents and Public Health 12
  • Article   284 Supplementary Protection Certificate 12
  • Article   285 Protection of Data Submitted to Obtain an Authorisation to Put a Medicinal Product on the Market 12
  • Article   286 Data Protection on Plant Protection Products 12
  • Article   287 Plant Varieties 12
  • Section   3 ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS 12
  • Article   288 General Obligations 12
  • Article   289 Entitled Applicants 12
  • Subsection   1 CIVIL ENFORCEMENT 12
  • Article   290 Measures for Preserving Evidence 12
  • Article   291 Right of Information 12
  • Article   292 Provisional and Precautionary Measures 12
  • Article   293 Corrective Measures 12
  • Article   294 Injunctions 12
  • Article   295 Alternative Measures 12
  • Article   296 Damages 12
  • Article   297 Legal Costs 12
  • Article   298 Publication of Judicial Decisions 12
  • Article   299 Presumption of Authorship or Ownership 12
  • Subsection   2 OTHER PROVISIONS 12
  • Article   300 Border Measures 12
  • Article   301 Codes of Conduct 12
  • Article   302 Cooperation 12
  • Chapter   10 COMPETITION 12
  • Section   1 ANTITRUST AND MERGERS 12
  • Article   303 Definitions 12
  • Article   304 Principles 12
  • Article   305 Implementation 12
  • Article   306 State Monopolies, Public Undertakings and Undertakings Entrusted with Special or Exclusive Rights 12
  • Article   307 Cooperation and Exchange of Information 12
  • Article   308 Dispute Settlement 12
  • Section   2 STATE AID 13
  • Article   309 General Principles and Scope 13
  • Article   310 Transparency 13
  • Article   311 Confidentiality 13
  • Article   312 Review Clause 13
  • Chapter   11 TRADE-RELATED ENERGY 13
  • Article   313 Definitions 13
  • Article   314 Domestic Regulated Prices 13
  • Article   315 Prohibition of Dual Pricing 13
  • Article   316 Transit 13
  • Article   317 Transport 13
  • Article   318 Unauthorised Taking of Goods In Transit 13
  • Article   319 Uninterrupted Transit 13
  • Article   320 Transit Obligation for Operators 13
  • Article   321 Regulatory Authority for Electricity and Natural Gas 13
  • Chapter   12 TRANSPARENCY 13
  • Article   322 Definitions for the Purposes of this Chapter: 13
  • Article   323 Objective and Scope 13
  • Article   324 Publication 13
  • Article   325 Enquiries and Contact Points 13
  • Article   326 Administration of Measures of General Application 13
  • Article   327 Review and Appeal 13
  • Article   328 Regulatory Quality and Performance and Good Administrative Behaviour 13
  • Article   329 Specific Rules 13
  • Chapter   13 TRADE AND SUSTAINABLE DEVELOPMENT 13
  • Article   330 Context and Objectives 13
  • Article   331 Right to Regulate and Levels of Protection 13
  • Article   332 Multilateral Labour Standards and Agreements 13
  • Article   333 Multilateral Environmental Governance and Agreements 13
  • Article   334 Trade and Investment Promoting Sustainable Development 13
  • Article   335 Biological Diversity 13
  • Article   336 Sustainable Management of Forests and Trade In Forest Products 13
  • Article   337 Trade In Fish Products 13
  • Article   338 Upholding Levels of Protection 13
  • Article   339 Scientific Information 13
  • Article   340 Transparency 13
  • Article   341 Review of Sustainability Impacts 13
  • Article   342 Working Together on Trade and Sustainable Development 13
  • Article   343 Institutional and Overseeing Mechanisms 14
  • Article   344 Joint Civil Society Dialogue Forum 14
  • Article   345 Government Consultations 14
  • Article   346 Panel of Experts 14
  • Chapter   14 DISPUTE SETTLEMENT 14
  • Section   1 OBJECTIVE AND SCOPE 14
  • Article   347 Objective 14
  • Article   348 Scope of Application 14
  • Section   2 CONSULTATIONS AND MEDIATION 14
  • Article   349 Consultations 14
  • Article   350 Mediation 14
  • Section   3 DISPUTE SETTLEMENT PROCEDURES 14
  • Subsection   1 ARBITRATION PROCEDURE 14
  • Article   351 Initiation of the Arbitration Procedure 14
  • Article   352 Establishment of the Arbitration Panel 14
  • Article   353 Preliminary Ruling on Urgency 14
  • Article   354 Arbitration Panel Report 14
  • Article   355 Conciliation for Urgent Energy Disputes 14
  • Article   356 Notification of the Ruling of the Arbitration Panel 14
  • Subsection   2 COMPLIANCE 14
  • Article   357 Compliance with the Arbitration Panel Ruling 14
  • Article   358 Reasonable Period of Time for Compliance 14
  • Article   359 Review of Any Measure Taken to Comply with the Arbitration Panel Ruling 14
  • Article   360 Temporary Remedies In Case of Non-compliance 14
  • Article   361 Remedies for Urgent Energy Disputes 14
  • Article   362 Review of Any Measure Taken to Comply after the Adoption of Temporary Remedies for Non-compliance 14
  • Subsection   3 COMMON PROVISIONS 14
  • Article   363 Replacement of Arbitrators 14
  • Article   364 Suspension and Termination of Arbitration and Compliance Procedures 14
  • Article   365 Mutually Agreed Solution 14
  • Article   366 Rules of Procedure 14
  • Article   367 Information and Technical Advice 14
  • Article   368 Rules of Interpretation 14
  • Article   369 Decisions and Rulings of the Arbitration Panel 14
  • Section   4 GENERAL PROVISIONS 14
  • Article   370 Lists of Arbitrators 14
  • Article   371 Relation with WTO Obligations 14
  • Article   372 Timeframes-limits 14
  • Title   VI INSTITUTIONAL, GENERAL AND FINAL PROVISIONS 14
  • Chapter   1 INSTITUTIONAL FRAMEWORK 14
  • Article   373 14
  • Article   374 14
  • Article   375 14
  • Article   376 15
  • Chapter   2 GENERAL AND FINAL PROVISIONS 15
  • Article   377 Access to Courts and Administrative Organs 15
  • Article   378 Access to Official Documents 15
  • Article   379 Security Exceptions 15
  • Article   380 Non-discrimination 15
  • Article   381 Monitoring 15
  • Article   382 Results of Monitoring 15
  • Article   383 Fulfilment of Obligations 15
  • Article   384 Dispute Settlement 15
  • Article   385 Appropriate Measures In Case of Non-fulfilment of Obligations 15
  • Article   386 Amendments 15
  • Article   387 Retained Law 15
  • Article   388 Annexes and Protocols 15
  • Article   389 Duration 15
  • Article   390 Definition of the Parties 15
  • Article   391 Territorial Application 15
  • Article   392 Entry Into Force and Provisional Application 15
  • 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 15
  • ANNEX XI-A  LIST OF RESERVATIONS ON ESTABLISHMENT (UK) 15
  • ANNEX XI-E  LIST OF RESERVATIONS ON ESTABLISHMENT (REPUBLIC OF MOLDOVA) 16
  • ANNEX XV  MEDIATION MECHANISM 16
  • 1 Objective 16
  • Section   1 PROCEDURE UNDER THE MEDIATION MECHANISM 16
  • 2 Request for Information 16
  • 3 Initiation of the Procedure 16
  • 4 Selection of the Mediator 16
  • 5 Rules of the Mediation Procedure 16
  • Section   2 IMPLEMENTATION 16
  • 6 Implementation of a Mutually Agreed Solution 16
  • Section   3 GENERAL PROVISIONS 16
  • 7 Confidentiality and Relationship to Dispute Settlement 16
  • 8 Time Limits 16
  • 9 Costs 16
  • ANNEX XVI  RULES OF PROCEDURE FOR DISPUTE SETTLEMENT 16
  • ANNEX XVII  CODE OF CONDUCT FOR ARBITRATORS AND MEDIATORS 17