Moldova, Republic of - United Kingdom Strategic Partnership, Trade and Cooperation Agreement (2020)
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Article 125. Anti-circumvention Mechanism for Agricultural Products and Processed Agricultural Products

1. The products listed in Annex II-C to this Agreement are subject to the anti- circumvention mechanism. The average annual volume of imports from the Republic of Moldova into the UK for each category of those products is provided in Annex II-C to this Agreement.

2. When the volume of imports of one or more categories of products referred to in paragraph 1 of this Article reaches 70 % of the volume indicated in Annex II-C in any given year starting on 1 January, the UK shall notify the Republic of Moldova about the volume of imports of the product(s) concerned. Following that notification and within 14 calendar days from the date on which the volume of imports of one or more categories of products referred to in paragraph 1 of this Article reaches 80 % of the volume indicated in Annex II-C to this Agreement, the Republic of Moldova shall provide the UK with a sound justification for the increase of imports. If those imports reach 100 % of the volume indicated in Annex II-C to this Agreement, and in the absence of a sound justification by the Republic of Moldova, the UK may temporarily suspend the preferential treatment for the products concerned.

The suspension shall be applicable for a period of six months and shall take effect on the date of publication of the decision to suspend preferential treatment. Upon entry into force of this agreement, the UK shall provide Moldova with details on the UK’s means of publication. The UK's means of publication shall be directly accessible by electronic means free of charge through a single point of access on the internet.

3. All temporary suspensions adopted pursuant to paragraph 2 shall be notified by the UK to the Republic of Moldova without undue delay.

4. A temporary suspension may be lifted before the expiry of six months from its entry into force by the UK if the Republic of Moldova provides evidence within the Political and Strategic Dialogue in Trade configuration, as set out in Article 375(3) of this Agreement, that the volume of the relevant category of products imported in excess of the volume referred to in Annex II-C to this Agreement results from a change in the level of production and export capacity of the Republic of Moldova for the product(s) concerned.

5. Annex II-C to this Agreement may be amended and the volume modified by mutual consent of the UK and the Republic of Moldova in the Political and Strategic Dialogue in Trade configuration at the request of the Republic of Moldova, in order to reflect changes in the level of production and export capacity of the Republic of Moldova for the product(s) concerned.

Article 126. Standstill

Neither Party may increase any existing customs duty, or adopt any new customs duty, on a good originating in the other Party. That shall not preclude either Party from:

(a) raising a customs duty to the level established in Annex I following a unilateral reduction; or

(b) maintaining or increasing a customs duty as authorised by the Dispute Settlement Body (DSB) of the WTO.

Article 127. Customs Duties on Exports

Neither Party shall adopt or maintain any duty or tax, other than internal charges applied in accordance with Article 129 of this Agreement, on or in connection with the export of goods to the territory of the other Party.

Article 128. Fees and other Charges

Each Party shall ensure, in accordance with Article VII of GATT 1994 and the interpretative notes thereon, that all fees and charges of whatever character other than customs duties or other measures referred to in Article 124 of this Agreement, imposed on, or in connection with, the import or export of goods are limited in amount to the approximate cost of services rendered and do not represent an indirect protection of domestic goods or a taxation of imports or exports for fiscal purposes.

Section 3. NON-TARIFF MEASURES

Article 129. National Treatment

Each Party shall accord national treatment to the goods of the other Party in accordance with Article Il of GATT 1994, including the interpretative notes thereon. To that end, Article II] of GATT 1994 and the interpretative notes thereon are incorporated into this Agreement and made an integral part thereof.

Article 130. Import and Export Restrictions

Neither Party shall adopt or maintain any prohibition or restriction on the import of any good of the other Party or on the export or sale for export of any good destined for the territory of the other Party, except as otherwise provided in this Agreement or in accordance with Article XI of GATT 1994 and the interpretative notes thereon. To that end, Article XI of GATT 1994 and the interpretative notes thereon are incorporated into this Agreement and made an integral part thereof.

Section 4. SPECIFIC PROVISIONS RELATED TO GOODS

Article 131. General Exceptions

1. Nothing in this Chapter shall be construed to prevent the adoption or enforcement by any Party of measures in accordance with Articles XX and XXI of GATT 1994 and any relevant interpretative notes to those Articles under GATT 1994, which are hereby incorporated into this Agreement and made an integral part thereof.

2. The Parties understand that before taking any measures for which justification could be sought under sub-paragraphs (i) and (j) of Article XX of GATT 1994, the Party intending to take the measures shall provide the other Party with all relevant information and seek a solution acceptable to the Parties. If no agreement is reached within 30 days of providing such information, the Party may apply measures under this paragraph on the good concerned. Where exceptional and critical circumstances require immediate action and make prior information or examination impossible, the Party intending to take the measures may apply forthwith the precautionary measures necessary to deal with the situation and shall inform the other Party immediately thereof.

Section 5. ADMINISTRATIVE COOPERATION AND COORDINATION WITH OTHER COUNTRIES

Article 132. Special Provisions on Administrative Cooperation

1. The Parties agree that administrative cooperation and assistance are essential for the implementation and the control of the preferential treatment granted under this Chapter and underline their commitment to combat irregularities and fraud in customs and related matters.

2. Where a Party has made a finding, on the basis of objective information, of a failure of the other Party to provide administrative cooperation or assistance and/or of irregularities or fraud under this Chapter, the Party concerned may temporarily suspend the relevant preferential treatment of the product(s) concerned in accordance with this Article and, in particular, the procedure provided for under paragraph 5.

3. For the purposes of this Article, failure to provide administrative cooperation or assistance shall mean, inter alia:

(a) a repeated failure to respect the obligations to verify the originating status of the good(s) concerned;

(b) arepeated refusal or undue delay in carrying out and/or communicating the results of a subsequent verification of the proof of origin;

(c) repeated refusal or undue delay in obtaining authorisation to conduct enquiry visits to determine the authenticity of documents or accuracy of information relevant to the granting of the preferential treatment in question.

4. For the purposes of this Article a finding of irregularities or fraud may be made, inter alia, where there is a rapid increase, without satisfactory explanation, in the volume of imports of goods exceeding the usual level of production and export capacity of the other Party that is linked to objective information concerning irregularities or fraud.

5. The application of a temporary suspension shall be subject to the following conditions:

(a) the Party which has made a finding, on the basis of objective information, of a failure to provide administrative co-operation or assistance and/or of irregularities or fraud shall, without undue delay, notify the Political and Strategic Dialogue in Trade configuration, as set out in Article 375(3) of this Agreement, of its finding together with the objective information and enter into consultations within the Political and Strategic Dialogue, on the basis of all relevant information and objective findings, with a view to reaching a solution acceptable to both Parties;

(b) where the Parties have entered into consultations within the aforementioned Political and Strategic Dialogue and have failed to agree on an acceptable solution within three months following the notification, the Party concerned may temporarily suspend the relevant preferential treatment of the good(s) concerned. A temporary suspension shall be notified to the Political and Strategic Dialogue in Trade configuration without undue delay;

(c) temporary suspensions under this Article shall be limited to what is necessary to protect the financial interests of the Party concerned. They shall not exceed a period of six months, which may be renewed if at the date of expiry nothing has changed with respect to the conditions that gave rise to the initial suspension. They shall be subject to periodic consultations within the Political and Strategic Dialogue in Trade configuration, as set out in Article 375(3) of this Agreement, in particular with a view to their termination as soon as the conditions for their application no longer apply.

6. Each Party shall publish all notices to importers concerning any notification referred to in paragraph S(a), any decision referred to in paragraph 5(b), and any extension or termination as referred to in paragraph 5(c), according to its internal procedures.

Article 133. Management of Administrative Errors

In case of an error by the competent authorities in the proper management of the preferential system at export, and in particular in the application of the provisions of Protocol I to this Agreement concerning the definition of originating products and methods of administrative cooperation, where that error leads to consequences in terms of import duties, the Party facing such consequences may request that the Political and Strategic Dialogue in Trade configuration, as set out in Article 375(3) of this Agreement, examines the possibility of adopting all appropriate measures with a view to resolving the situation.

Article 134. Agreements with other Countries

1. This Agreement shall not preclude the maintenance or establishment of customs unions, other free trade areas or arrangements for frontier traffic except in so far as they conflict with the trade arrangements provided for in this Agreement.

2. Consultations between the Parties shall take place within the Political and Strategic Dialogue in Trade configuration, as set out in Article 375(3) of this Agreement, concerning agreements establishing customs unions, other free trade areas or arrangements for frontier traffic and, where requested, on other major issues related to their respective trade policies with third countries.

Chapter 2. TRADE REMEDIES

Section 1. GLOBAL SAFEGUARD MEASURES

Article 135. General Provisions

1. The Parties confirm their rights and obligations under Article XIX of GATT 1994 and the Agreement on Safeguards contained in Annex 1A to the Agreement Establishing the World Trade Organisation (the WTO Agreement) (the Agreement on Safeguards) and Article 5 of the Agreement on Agriculture, contained in Annex 1A to the WTO Agreement (the Agreement on Agriculture).

2. The preferential rules of origin established under Chapter 1 (National Treatment and Market Access for Goods) of Title V (Trade and Trade-related Matters) of this Agreement shall not apply to this Section.

3. The provisions of this Section shall not be subject to Chapter 14 (Dispute Settlement) of Title V (Trade and Trade-related Matters) of this Agreement.

Article 136. Transparency

1. The Party initiating a safeguard investigation shall notify the other Party of such initiation, provided the latter has a substantial economic interest.

2. Notwithstanding Article 135 of this Agreement, at the request of the other Party, the Party initiating a safeguard investigation and intending to apply safeguard measures shall provide immediately ad hoc written notification of all the pertinent information leading to the initiation of a safeguard investigation and the imposition of safeguard measures, including, where relevant, information on the initiation of a safeguard investigation, on the provisional findings and on the final findings of the investigation, as well as offer the possibility for consultations to the other Party.

3. For the purposes of this Article, a Party shall be considered as having a substantial economic interest when it is among the five largest suppliers of the imported product during the most recent three-year period, measured in terms of either absolute volume or value.

Article 137. Application of Measures

1. When imposing safeguard measures, the Parties shall endeavour to impose them in a way that affects their bilateral trade the least.

2. Forthe purposes of paragraph 1, ifa Party considers that the legal requirements for the imposition of definitive safeguard measures are met and intends to apply such measures, that Party shall notify the other Party and give the latter the possibility to hold bilateral consultations. If no satisfactory solution has been reached within 30 days of the notification, the importing Party may take the appropriate measures to remedy the problem.

Section 2. ANTI-DUMPING AND COUNTERVAILING MEASURES

Article 138. General Provisions

1. The Parties confirm their rights and obligations under Article VI of GATT 1994, the Agreement on Implementation of Article VI of GATT 1994, contained in Annex 1A to the WTO Agreement (the Anti-Dumping Agreement), and the Agreement on Subsidies and Countervailing Measures, contained in Annex 1A to the WTO Agreement (the SCM Agreement).

2. The preferential rules of origin established under Chapter 1 (National Treatment and Market Access for Goods) of Title V (Trade and Trade-related Matters) of this Agreement shall not apply to this Section.

3. The provisions of this Section shall not be subject to Chapter 14 (Dispute Settlement) of Title V (Trade and Trade-related Matters) of this Agreement.

Article 139. Transparency

1. The Parties agree that anti-dumping and countervailing measures should be used in full compliance with the requirements of the Anti-Dumping Agreement and the SCM Agreement, respectively, and should be based on a fair and transparent system.

2. The Parties shall ensure, immediately after the imposition of provisional measures and before the final determination is made, full and meaningful disclosure ofall essential facts and considerations which form the basis for the decision to apply measures, without prejudice to Article 6(5) of the Anti-Dumping Agreement and Article 12(4) of the SCM Agreement. Disclosures shall be made in writing and allow interested parties sufficient time to make their comments.

3. Provided it does not unnecessarily delay the conduct of the investigation, each interested party shall be granted the possibility to be heard in order to express its views during anti-dumping and anti-subsidy investigations.

Article 140. Consideration of Public Interest

Anti-dumping or countervailing measures may not be applied by a Party where, on the basis of the information made available during the investigation, it can clearly be concluded that it is not in the public interest to apply such measures. The public interest determination shall be based on an appreciation of all the various interests taken as a whole, including the interests of the domestic industry, users, consumers and importers to the extent that they have provided relevant information to the investigating authorities.

Article 141. Lesser Duty Rule

Should a Party decide to impose a provisional or a definitive anti-dumping or countervailing duty, the amount of such duty shall not exceed the margin of dumping or the total amount of countervailable subsidies, but it should be less than the margin of dumping or the total amount of countervailable subsidies if such a lesser duty would be adequate to remove the injury to the domestic industry.

Section 3. BILATERAL SAFEGUARD MEASURES

Article 142. Application of a Bilateral Safeguard Measure

1. If, as a result of the reduction or elimination of a customs duty under this Agreement, goods originating in a Party are being imported into the territory of the other Party in such increased quantities, in absolute terms or relative to domestic production, and under such conditions as to cause or threaten to cause serious injury to the domestic industry producing like or directly competitive goods, the importing Party may adopt the measures provided for in paragraph 2 in accordance with the conditions and procedures laid down in this Section.

2. The importing Party may take a bilateral safeguard measure which:

(a) suspends further reduction of the rate of customs duty on the good concerned provided for under this Agreement; or

(b) increases the rate of customs duty on the good to a level which does not exceed the lesser of:

(i) the MFN applied rate of customs duty on the good in effect at the time the measure is taken; or

(ii) the base rate of customs duty specified in the Schedules included in Annex II pursuant to Article 124 of this Agreement.

Article 143. Conditions and Limitations

1, A Party shall notify the other Party in writing of the initiation of an investigation described in paragraph 2 and consult with the other Party, as far in advance of applying a bilateral safeguard measure as practicable, with a view to reviewing the information arising from the investigation and exchanging views on the measure.

2. A Party shall apply a bilateral safeguard measure only following an investigation by its competent authorities in accordance with Articles 3 and 4.2(c) of the Agreement on Safeguards. To that end, Articles 3 and 4.2(c) of the Agreement on Safeguards are incorporated into this Agreement and made part thereof, mutatis mutandis.

3. When conducting the investigation described in paragraph 2 of this Article, the Party shall comply with the requirements of Article 4.2(a) of the Agreement on Safeguards. To that end, Article 4.2(a) of the Agreement on Safeguards is incorporated into this Agreement and made part thereof, mutatis mutandis.

4. Each Party shall ensure that its competent authorities complete any investigation described in paragraph 2 within one year of the date of its initiation.

5. Neither Party may apply a bilateral safeguard measure:

(a) except to the extent, and for such time, as may be necessary to prevent or remedy serious injury and to facilitate the adjustment of the domestic industry;

(b) foraperiod exceeding two years. However, that period may be extended by up to two years if the competent authorities of the importing Party determine, in accordance with the procedures specified in this Article, that the measure continues to be necessary to prevent or remedy serious injury and to facilitate the adjustment of the domestic industry and that there is evidence that the industry is adjusting, provided that the total period of application of a safeguard measure, including the period of initial application and any extension thereof, shall not exceed four years;

(c) beyond the expiration of the transitional period; or

(d) with respect to the same product, at the same time as a measure under Article XIX of GATT 1994 and the Agreement on Safeguards is applied.

6. When a Party terminates a bilateral safeguard measure, the rate of customs duty shall be the rate that, according to its Schedule included in Annex II to this Agreement, would have been in effect but for the measure.

Article 144. Provisional Measures

In critical circumstances where delay would cause damage that would be difficult to repair, a Party may apply a bilateral safeguard measure on a provisional basis pursuant to a preliminary determination that there is clear evidence that the imports of a good originating in the other Party have increased as the result of the reduction or elimination of a customs duty under this Agreement, and such imports cause serious injury, or a threat thereof, to the domestic industry. The duration of any provisional measure shall not exceed 200 days, during which time the Party shall comply with the requirements of Articles 143(2) and 143(3) of this Agreement. The Party shall promptly refund any duty paid in excess of the customs duty set out in Annex II to this Agreement if the investigation described in Article 143(2) of this Agreement does not result in a finding that the requirements of Article 142 of this Agreement have been met. The duration of any provisional measure shall be counted as part of the period prescribed in Article 143(5)(b) of this Agreement.

Article 145. Compensation

1. A Party applying a bilateral safeguard measure shall consult with the other Party in order to arrive at a mutually agreed appropriate trade-liberalising compensation in the form of concessions having substantially equivalent trade effects or equivalent to the value of the additional duties expected to result from the safeguard measure. The Party shall provide an opportunity for such consultations no later than 30 days after the application of the bilateral safeguard measure.

2. If the consultations under paragraph 1 do not result in an agreement on trade- liberalising compensation within 30 days after the consultations begin, the Party whose goods are subject to the safeguard measure may suspend the application of substantially equivalent concessions to the Party applying the safeguard measure.

3. The right of suspension referred to in paragraph 2 shall not be exercised for the first 24 months during which a bilateral safeguard measure is in effect, provided that the safeguard measure conforms to the provisions of this Agreement.

Article 146. Definitions

For the purposes of this Section:

(a) ‘serious injury’ and ‘threat of serious injury’ shall be understood in accordance with Article 4.1(a) and (b) of the Agreement on Safeguards. To that end, Article 4.1(a) and (b) of the Agreement on Safeguards is incorporated into this Agreement and made part thereof, mutatis mutandis; and

(b) ‘transitional period’ means a period of 10 years from 01 September 2014.

Chapter 3. TECHNICAL BARRIERS TO TRADE, STANDARDISATION, METROLOGY, ACCREDITATION AND CONFORMITY ASSESSMENT

Article 147. Scope and Definitions

1. This Chapter applies to the preparation, adoption and application of standards, technical regulations, and conformity assessment procedures as defined in the Agreement on Technical Barriers to Trade, contained in Annex 1A to the WTO Agreement (the TBT Agreement), that may affect trade in goods between the Parties.

2. Notwithstanding paragraph 1 of this Article, this Chapter does not apply to sanitary and phytosanitary measures as defined in Annex A to the Agreement on the Application of Sanitary and Phytosanitary Measures, contained in Annex 1A to the WTO Agreement (the SPS Agreement), nor to purchasing specifications prepared by public authorities for their own production or consumption requirements.

3. For the purposes of this Chapter, the definitions of Annex 1 to the TBT Agreement shall apply.

Article 148. Affirmation of the TBT Agreement

The Parties affirm their existing rights and obligations with respect to each other under the TBT Agreement which is hereby incorporated into this Agreement and made part thereof.

Article 149. Technical Cooperation

1. The Parties shall strengthen their cooperation in the field of standards, technical regulations, metrology, market surveillance, accreditation and conformity assessment systems with a view to increasing the mutual understanding of their respective systems and facilitating access to their respective markets. To that end, they may establish regulatory dialogues at both horizontal and sectoral levels.

2. In their cooperation, the Parties shall seek to identify, develop and promote trade facilitating initiatives which may include, but are not limited to:

(a) reinforcing regulatory cooperation through the exchange of data and experience and through scientific and technical cooperation, with a view to improving the quality of their technical regulations, standards, market surveillance, conformity assessment and accreditation, and making efficient use of regulatory resources;

(b) promoting and encouraging cooperation between their respective organisations, public or private, responsible for metrology, standardisation, market surveillance, conformity assessment and accreditation;

(c) fostering the development of the quality infrastructure for standardisation, metrology, accreditation, conformity assessment and the market surveillance system in the Republic of Moldova;

(d) promoting the participation of the Republic of Moldova in the work of related United Kingdom;

(e) seeking solutions to technical barriers to trade that may arise; and

(f) coordinating their positions in international trade and regulatory organisations such as the WTO and the United Nations Economic Commission for Europe (UNECE).

Article 150. Technical Regulations, Standards and Conformity Assessment

Building on relevant efforts, the Republic of Moldova shall:

(a) carry on the administrative and institutional reforms that are necessary to provide the effective and transparent system that is required for the implementation of this Chapter; and

(b) ensure the participation of its relevant national bodies in European and international organisations for standardisation, legal and fundamental metrology, and conformity assessment, including accreditation, in accordance with the respective areas of activity of those bodies and the membership status available to them.

Article 151. Agreement on Conformity Assessment and Acceptance of Industrial Products (ACAA)

The Parties shall ultimately agree to add an Agreement on Conformity Assessment and Acceptance of Industrial Products (ACAA) as a Protocol to this Agreement, covering sectors agreed upon by the Parties.

Article 152. Marking and Labelling

1. Without prejudice to Articles 150 and 151 of this Agreement, and with respect to technical regulations relating to labelling or marking requirements, the Parties reaffirm the principles of Chapter 2.2 of the TBT Agreement that such requirements are not prepared, adopted or applied with a view to or with the effect of creating unnecessary obstacles to international trade. For that purpose, such labelling or marking requirements shall not be more trade-restrictive than necessary to fulfil a legitimate objective, taking account of the risks that non-fulfilment would create.

2. Regarding obligatory marking or labelling in particular, the Parties agree that:

(a) they will endeavour to minimise their needs for marking or labelling, except as required for the protection of health, safety or the environment, or for other reasonable public policy purposes; and

(b) they retain the right to require the information on the label or marking to be in a specified language.

Chapter 4. SANITARY AND PHYTOSANITARY MEASURES

Article 153. Objective

1. The objective of this Chapter is to facilitate trade in commodities covered by sanitary and phytosanitary measures (SPS measures) between the Parties, whilst safeguarding human, animal or plant life or health, by:

(a) ensuring full transparency as regards measures applicable to trade, listed in Annex III to this Agreement;

(b) recognising the animal and plant health status of the Parties and applying the principle of regionalisation;

(c) establishing a mechanism for the recognition of equivalence of measures, maintained by a Party and listed in Annex III to this Agreement;

(d) continuing to implement the SPS Agreement; (e) establishing mechanisms and procedures for trade facilitation; and

(f)  improving communication and cooperation between the Parties on measures listed in Annex III to this Agreement.

2. This Chapter aims at reaching a common understanding between the Parties concerning animal welfare standards.

Article 154. Multilateral Obligations

The Parties re-affirm their rights and obligations under the WTO Agreements, and in particular the SPS Agreement.

Article 155. Scope

This Chapter shall apply to all sanitary and phytosanitary measures of a Party that may, directly or indirectly, affect trade between the Parties, including all measures listed in Annex III to this Agreement.

Article 156. Definitions

For the purposes of this Chapter, the following definitions shall apply:

1. "sanitary and phytosanitary measures" (SPS measures) means measures, as defined in paragraph 1 of Annex A to the SPS Agreement;

2. "animals" means animals, as defined in the Terrestrial Animal Health Code or the Aquatic Animal Health Code of the World Organisation for Animal Health ("OIE");

3. "animal products" means products of animal origin, including aquatic animal products, as defined in the Aquatic Animal Health Code of the OIE;

4. "animal by-products not intended for human consumption" means animal products as listed in Part 2 (II) of Annex III-A to this Agreement;

5. "plants" means living plants and specified living parts thereof, including seeds:

(a) fruit, in the botanical sense, other than those preserved by deep freezing;

(b) vegetables, other than those preserved by deep freezing;

(c) tubers, corms, bulbs, rhizomes;

(d) cut flowers;

(e) branches with foliage;

  • 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