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 UKâs 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;