Moldova, Republic of - United Kingdom Strategic Partnership, Trade and Cooperation Agreement (2020)
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(f) cut trees retaining foliage;

(g) plant tissue cultures;

(h) leaves, foliage;

(i) live pollen; and

(j) bud-wood, cuttings, scions;

6. "plant products" means products of plant origin, unprocessed or having undergone simple preparation insofar as they are not plants, set out in Part 3 of Annex I-A to this Agreement;

7. "seeds" means seeds in the botanical sense, intended for planting;

8. "pests" or "harmful organisms" means any species, strain or biotype of plant, animal or pathogenic agent injurious to plants or plant products;

9. "animal disease" means a clinical or pathological manifestation in animals of an infection;

10. "aquaculture disease" means clinical or non-clinical infection with one or more of the aetiological agents of the diseases referred to in the Aquatic Animal Health Code of the OIE;

11. "infection in animals" means the situation where animals maintain an infectious agent with or without the presence of clinical or pathological manifestation of an infection;

12. "animal welfare standards" means standards for the protection of animals, developed and applied by the Parties and, as appropriate, in line with the OJE standards;

13. "appropriate level" of sanitary and phytosanitary protection means the appropriate level of sanitary and phytosanitary protection as defined in paragraph 5 of Annex A to the SPS Agreement;

14. "region" means, with regard to animal health, a zone or a region as defined in the Terrestrial Animal Health Code of the OIE and, with regard, to aquaculture a zone as defined in the Aquatic Animal Health Code of the OIE;

15. "pest free area" (PFA) means an area in which a specific pest does not occur as demonstrated by scientific evidence and in which, where appropriate, that condition is being officially maintained;

16. "regionalisation" means the concept of regionalisation as described in Article 6 of the SPS Agreement;

17. "consignment" means a number of live animals or quantity of animal products of the same type, covered by the same certificate or document, conveyed by the same means of transport, consigned by a single consignor and originating in the same exporting Party or region(s) of the Party. A consignment of animals may be composed of one or more lots. A consignment of animal products may be composed of one or more commodities or lots;

18. "consignment of plants or plant products" means a quantity of plants, plant products and/or other objects being moved from a Party to another Party and covered, when required, by a single phytosanitary certificate. A consignment may be composed of one or more commodities or lots;

19. "lot" means a number or units of a single commodity, identifiable by its homogeneity of composition and origin, and forming part of a consignment;

20. "equivalence for trade purposes" (equivalence) means the situation where the importing Party shall accept the measures listed in Annex III to this Agreement of the exporting Party as equivalent, even if those measures differ from its own, if the exporting party objectively demonstrates to the importing Party that its measures achieve the importing Party’s appropriate level of sanitary and phytosanitary protection or acceptable level of risk;

21. "sector" means the production and trade structure for a product or category of products in a Party;

22. "sub-sectorâ" means a well-defined and controlled part of a sector;

23. "commodity" means the products or objects being moved for trade purpose, including those referred to in points 2 to 7;

24. "specific import authorisation" means a formal prior authorisation by the competent authorities of the importing Party addressed to an individual importer as a condition for import of a single consignment or multiple consignments of a commodity from the exporting Party, within the scope of this Chapter;

25. "working days" means week days except Sunday, Saturday and public holidays in one of the Parties;

26. "inspection" means the examination of any aspect of feed, food, animal health and animal welfare in order to verify that such aspect(s) comply with the legal requirements of feed and food law and animal health and animal welfare rules;

27. "plant health inspection" means official visual examination of plants, plant products or other regulated objects to determine if pests are present and/or to determine compliance with phytosanitary regulations;

28. "verification" means checking, by examination and consideration of objective evidence, whether specified requirements have been fulfilled.

Article 157. Competent Authorities

The Parties shall inform each other about the structure, organisation and division of competences of their competent authorities during the first meeting of the Sanitary and Phytosanitary Sub-Committee (SPS Sub-Committee) referred to in Article 167 of this Agreement. The Parties shall inform each other of any change of the structure, organisation and division of competences, including of the contact points, concerning such competent authorities.

Article 158. Recognition for Trade Purposes of Animal Health and Pest Status and Regional Conditions

Recognition of status for animal diseases, infections in animals or pests

1. As regards animal diseases and infections in animals (including zoonosis), the following shall apply:

(a) the importing Party shall recognise for trade purposes the animal health status of the exporting Party or its regions determined in accordance with the procedure set out in Annex V Part A to this Agreement, with respect to animal diseases specified in Annex IV-A to this Agreement;

(b) where a Party considers that it has, for its territory or a region within its territory, a special status with respect to a specific animal disease other than a disease listed in in Annex IV-A to this Agreement, it may request recognition of that status in accordance with the procedure laid down in Annex V Part C to this Agreement. The importing Party may request guarantees in respect of imports of live animals and animal products, which are appropriate to the agreed status of the Parties;

(c) the Parties recognise as the basis for trade between them the status of the territories or the regions, or the status in a sector or a sub-sector of the Parties related to the prevalence or the incidence of an animal disease other than a disease listed in Annex IV-A to this Agreement, or related to infections in animals and/or the associated risk, as appropriate, as determined by the OIE. The importing Party may request guarantees in respect of imports of live animals and animal products, which are appropriate to the defined status in accordance with the recommendations of the OIE; and

(d) without prejudice to Articles 160, 162 and 166 of this Agreement, and unless the importing Party raises an explicit objection and requests supporting or additional information, consultations and/or verification, each Party shall take without undue delay the necessary legislative and administrative measures to allow trade on the basis of points (a), (b) and (c) of this paragraph.

2. As regards pests, the following shall apply:

(a) the Parties recognise for trade purposes the pest status in respect of pests specified in Annex IV-B to this Agreement as determined in Annex V Part B to this Agreement; and

(b) without prejudice to Articles 160, 162 and 166 of this Agreement, and unless the importing Party raises an explicit objection and requests supporting or additional information, consultations and/or verification, each Party shall take without undue delay the necessary legislative and administrative measures to allow trade on the basis of point (a) of this paragraph.

Recognition of regionalisation/zoning and pest free areas (PFAs)

3. The Parties recognise the concept of regionalisation and PFAs, as specified in the International Plant Protection Convention (IPPC) of 1997 and the International Standards for Phytosanitary Measures (ISPMs) of the Food and Agriculture Organisation of the United Nations (FAO), which they agree to apply to trade between them.

4. The Parties agree that regionalisation decisions for animal and fish diseases listed in Annex IV-A to this Agreement and for pests listed in Annex IV-B to this Agreement shall be taken in accordance with the provisions of Annex V Part A and B to this Agreement.

5. As regards animal diseases, in accordance with the provisions of Article 160 of this Agreement, the exporting Party seeking recognition of its regionalisation decision by the importing Party shall notify its measures with full explanations and supporting data for its determinations and decisions. Without prejudice to Article 161 of this Agreement, and unless the importing Party raises an explicit objection and requests additional information, consultations and/or verification within 15 working days following receipt of the notification, the regionalisation decision so notified shall be deemed accepted.

The consultations referred to in the first subparagraph of this paragraph shall take place in accordance with Article 161(3) of this Agreement. The importing Party shall assess the additional information within 15 working days following receipt of the additional information. The verification referred to in the first sub-paragraph of this paragraph shall be carried out in accordance with Article 164 of this Agreement within 25 working days following receipt of the request for verification.

6. As regards pests, each Party shall ensure that trade in plants, plant products and other objects takes account, as appropriate, of the pest status in an area recognised as a PFA by the other Party. A Party seeking recognition of its PFA by the other Party shall notify its measures and, upon request, provide full explanation and supporting data for its establishment and maintenance, as guided by the FAO or IPPC, including ISPMs. Without prejudice to Article 166 of this Agreement, and unless a Party raises an explicit objection and requests additional information, consultations and/or verification within three months following the notification, the regionalisation decision for PFA so notified shall be deemed accepted.

The consultations referred to in the first sub-paragraph of this paragraph shall take place in accordance with Article 161(3) of this Agreement. The importing Party shall assess the additional information within three months following receipt of the additional information. The verification referred to in the first sub-paragraph of this paragraph shall be carried out in accordance with Article 164 of this Agreement within 12 months following receipt of the request for verification, taking into account the biology of the pest and the crop concerned.

7. After finalisation of the procedures referred to in paragraphs 4 to 6 of this Article, and without prejudice to Article 166 of this Agreement, each Party shall take, without undue delay, the necessary legislative and administrative measures to allow trade on that basis.

Compartmentalisation

8. The Parties commit to engaging in further discussions with a view to implementing the principle of compartmentalisation.

Article 159. Recognition of Equivalence

1. Equivalence may be recognised in relation to:

(a) an individual measure;

(b) a group of measures; or

(c) a system applicable to a sector, sub-sector, commodities or a group of commodities.

2. With regard to recognition of equivalence, the Parties shall follow the process set out in paragraph 3. That process shall include an objective demonstration of equivalence by the exporting Party and an objective assessment of the request by the importing Party. That assessment may include inspections or verifications.

3. Upon request of the exporting Party concerning recognition of equivalence as set out in paragraph 1 of this Article, the Parties shall without delay and no later than three months following the receipt of such request by the importing Party, initiate the consultation process which includes the steps set out in Annex VII to this Agreement. In case of multiple requests from the exporting Party, the Parties, upon request of the importing Party, shall agree within the SPS Sub-Committee referred to in Article 167 of this Agreement on a time schedule during which they shall initiate and conduct the process referred to in this paragraph.

4. Unless otherwise agreed, the importing Party shall finalise the process for recognition of equivalence referred to in paragraph 3 of this Article within 12 months after the receipt of the request of the exporting Party, including a dossier demonstrating the equivalence. That time-limit may be extended with regard to seasonal crops when it is justifiable to delay the assessment to permit verification during a suitable period of growth of a crop.

5. The importing Party determines equivalence as regards plants, plant products and other objects in accordance with the relevant ISPMs.

6. The importing Party may withdraw or suspend equivalence on the basis of any amendment by one of the Parties of measures affecting equivalence, provided that the following procedure is followed:

(a) in accordance with the provisions of Article 160(2) of this Agreement, the exporting Party shall inform the importing Party of any proposal for amendment of its measures for which equivalence of measures is recognised and the likely effect of the proposed measures on the equivalence which has been recognised. Within one month following the receipt of that information, the importing Party shall inform the exporting Party whether or not equivalence would continue to be recognised on the basis of the proposed measures;

(b) in accordance with the provisions of Article 160(2) of this Agreement, the importing Party shall inform the exporting Party of any proposal for amendment of its measures on which recognition of equivalence has been based and the likely effect of the proposed measures on the equivalence which has been recognised. Should the importing Party not continue to recognise equivalence, the Parties may agree on the conditions to re-initiate the process referred to in paragraph 3 of this Article on the basis of the proposed measures.

7. The recognition, suspension or withdrawal of equivalence rests solely with the importing Party acting in accordance with its administrative and legislative framework. That Party shall provide to the exporting Party, in writing, a full explanation and supporting data used for the determinations and decisions covered by this Article. In case of non-recognition, suspension or withdrawal of equivalence, the importing Party shall indicate to the exporting Party the required conditions on the basis of which the process referred to in paragraph 3 may be reinitiated.

8. Without prejudice to Article 166 of this Agreement, the importing Party may not withdraw or suspend equivalence before the proposed new measures of either Party enter into force.

9. Incase equivalence is formally recognised by the importing Party, on the basis of the consultation process as set out in Annex VII to this Agreement, the SPS Sub- Committee shall, in accordance with the procedure set out in Article 167(5) of this Agreement, endorse the recognition of equivalence in trade between the Parties. That endorsement decision may also provide for the reduction of physical checks at the frontiers, simplification of certificates and pre-listing procedures for the establishments, as applicable.

The status of the equivalence shall be listed in Annex X to this Agreement.

Article 160. Transparency and Exchange of Information

1. Without prejudice to Article 161 of this Agreement, the Parties shall cooperate to enhance mutual understanding of the other Party's official control structure and mechanisms tasked with the application of the measures listed in Annex III to this Agreement and of the effectiveness of such a structure and mechanism. That can be achieved, amongst others, through reports of international audits when they are made public by the Parties. The Parties can exchange information on the results of such audits or other information, as appropriate.

2. In the framework of recognition of equivalence as referred to in Article 159 of this Agreement, the Parties shall keep each other informed of legislative and procedural changes adopted in the concerned areas.

3. The necessary level of cooperation should be reached in order to facilitate transmission of legislative documents upon request of one of the Parties.

To that effect, each Party shall notify, without delay, the other Party of its contact points, including any changes to those contact points.

Article 161. Notification, Consultation and Facilitation of Communication

1. Each Party shall notify the other Party in writing within two working days of any serious or significant human, animal or plant health risk, including any food control emergencies or situations where there is a clearly identified risk of serious health effects associated with the consumption of animal or plant products, in particular:

(a) any measures affecting the regionalisation decisions referred to in Article 158 of this Agreement;

(b) the presence or evolution of any animal disease listed in Annex IV-A to this Agreement or of the regulated pests listed in Annex IV-B to this Agreement;

(c) findings of epidemiological importance or important associated risks with respect to animal diseases and pests which are not listed in Annexes IV- A and IV-B to this Agreement or which are new animal diseases or pests; and

(d) any additional measures beyond the basic requirements to their respective measures taken by the Parties to control or eradicate animal diseases or pests or protect public or plant health and any changes in prophylactic policies, including vaccination policies.

2. Notifications shall be made in writing to the contact points referred to in Article 160(3) of this Agreement.

Notification in writing means notification by mail, fax or e-mail. Notifications shall only be sent between the contact points referred to in Article 160(3) of this Agreement.

3. Where a Party has serious concerns regarding a risk to human, animal or plant health, consultations regarding the situation shall, upon request of that Party, take place as soon as possible and, in any case, within 15 working days of that request. In such situations, each Party shall endeavour to provide all the information necessary to avoid a disruption in trade, and to reach a mutually acceptable solution consistent with the protection of human, animal or plant health.

4. Upon request of a Party, consultations regarding animal welfare shall take place as soon as possible and, in any case, within 20 working days from the date of notification. In such situations, each Party shall endeavour to provide all the tequested information.

5. Upon request of a Party, consultations as referred to in paragraphs 3 and 4 of this Article shall be held by video or audio conference. The requesting Party shall ensure the preparation of the minutes of the consultation, which shall be formally approved by the Parties. For the purposes of that approval, the provisions of Article 160(3) of this Agreement shall apply.

6. A mutually applied rapid alert system and early warning mechanism for any veterinary and phytosanitary emergencies will start at a later stage after the Parties have decided on the arrangements for the functioning of such mechanisms.

Article 162. Trade Conditions

General import conditions:

(a) The Parties agree to subject imports of any commodity covered by Annexes I[I]-A and I-C(2) and (3) to this Agreement to general import conditions. Without prejudice to the decisions taken in accordance with Article 158 of this Agreement, the import conditions of the importing Party shall be applicable to the total territory of the exporting Party. Upon entry into force of this Agreement and in accordance with the provisions of Article 160 of this Agreement, the importing Party shall inform the exporting Party ofits sanitary and/or phytosanitary import requirements for commodities referred to in Annexes III-A and III-C to this Agreement. That information shall include, as appropriate, the models for the official certificates or declarations or commercial documents, as prescribed by the importing Party.

(b) (i) Any amendment or proposed amendment of the conditions referred to in paragraph 1(a) of this Article shall comply with the relevant notification procedures of the SPS Agreement whether or not they refer to measures covered by the SPS Agreement;

(ii) Without prejudice to the provisions of Article 166 of this Agreement, the importing Party shall take into account the transport time between the Parties to establish the date of entry into force of the amended conditions referred to in paragraph 1(a) of this Article; and

(iii) If the importing Party fails to comply with those notification requirements, it shall continue to accept the certificate or the attestation guaranteeing the previously applicable conditions until 30 days after the amended import conditions enter into force.

Import conditions after recognition of equivalence:

(a) Within a reasonable period of time following the date of adoption of the decision on recognition of equivalence, the Parties shall take the necessary legislative and administrative measures to implement the recognition of equivalence in order to allow, on that basis, trade between them of the commodities referred to in Annexes III-A and I-C(2) and (3) to this Agreement. For those commodities, the model for the official certificate or official document required by the importing Party may, then, be replaced by a certificate drawn up as provided for in Annex IX Part B to this Agreement.

(b) For commodities in sectors or sub-sectors for which not all measures are recognised as equivalent, trade shall continue on the basis of compliance with the conditions referred to in paragraph 1(a) of this Article. Upon request of the exporting Party, the provisions of paragraph 5 of this Article shall apply.

3. From the date of entry into force of this Agreement, the commodities referred to in Annexes I-A and II-C(2) to this Agreement shall not be subject to a specific import authorisation.

4. For conditions affecting trade of the commodities referred to in paragraph 1(a) of this Article, upon request of the exporting Party, the Parties shall enter into consultations within the SPS Sub-Committee in accordance with the provisions of Article 167 of this Agreement, in order to agree on alternative or additional import conditions of the importing Party. Such alternative or additional import conditions may, when appropriate, be based on measures of the exporting Party recognised as equivalent by the importing Party. If agreed, the importing Party shall within 90 days take the necessary legislative and/or administrative measures to allow import on the basis of the agreed import conditions.

5. List of establishments, conditional approval:

(a) For the import of animal products referred to in Part 2 of Annex III-A to this Agreement, upon request of the exporting Party accompanied by the appropriate guarantees, the importing Party shall, subject to and in accordance with its domestic legislation, provisionally approve the processing establishments referred to in paragraph 2 of Annex VI to this Agreement which are situated in the territory of the exporting Party, without prior inspection of individual establishments. Such approval shall be consistent with the conditions and provisions set out in Annex VI to this Agreement. Except when additional information is requested, the importing Party shall take the necessary legislative and/or administrative measures to allow import on that basis within one month following the date of receipt of the request and the relevant guarantees by the importing Party.

The initial list of establishments shall be approved in accordance with the provisions of Annex VI to this Agreement.

(b) For the import of animal products referred to in paragraph 2(a) of this Article, the exporting Party shall inform the importing Party of its list of establishments meeting the importing Party's requirements. 6. Upon request of a Party, the other Party shall provide the explanation and the supporting data for the determinations and decisions covered by this Article.

Article 163. Certification Procedure

1. For the purposes of certification procedures and issuing of certificates and official documents, the Parties agree on the principles set out in Annex IX to this Agreement.

2. The SPS Sub-Committee referred to in Article 167 of this Agreement may agree on the rules to be followed in the case of electronic certification, withdrawal or replacement of certificates.

3. The Parties shall agree on common models of certificates, where appropriate.

Article 164. Verification

1. In order to maintain confidence in the effective implementation of the provisions of this Chapter each Party has the right:

(a) to carry out verification of all or part of the inspection and certification system of the other Party's authorities, and/or of other measures, where applicable, in accordance with the relevant international standards, guidelines and recommendations of Codex Alimentarius, OTE and IPPC; and

(b) to receive information from the other Party about its control system and be informed of the results of the controls carried out under that system.

2. Either Party may share the results of the verifications referred to in paragraph 1(a) with third parties and make the results publicly available as may be required by provisions applicable to either Party. Confidentiality provisions applicable to either Party shall be respected in such sharing and/or publication of results, where appropriate.

3. If the importing Party decides to carry out a verification visit to the exporting Party, the importing Party shall notify the exporting Party of that verification visit at least three months before the verification visit is to be carried out, except in emergency cases or if the Parties agree otherwise. Any modification to that visit shall be agreed by the Parties.

4. The costs incurred in undertaking a verification of all or part of the other Party's competent authorities' inspection and certification systems, or other measures, where applicable, shall be borne by the Party carrying out the verification or the inspection.

5. The draft written communication of verifications shall be forwarded to the exporting Party within three months after the end of verification. The exporting Party shall have 45 working days to comment on the draft written communication. Comments made by the exporting Party shall be attached to and, where appropriate, included in the final outcome. However, where a significant human, animal or plant health risk has been identified during the verification, the exporting Party shall be informed as quickly as possible and in any case within 10 working days following the end of the verification.

6. For clarity the results of a verification may contribute to the procedures referred to in Articles 159 and 165 of this Agreement conducted by the Parties or one of the Parties.

Article 165. Import Checks and Inspection Fees

1. The Parties agree that import checks by the importing Party of consignments from the exporting Party shall respect the principles set out in Annex VII Part A to this Agreement. The results of those checks may contribute to the verification process referred to in Article 164 of this Agreement.

2. The frequencies of physical import checks applied by each Party are set out in Annex VIII Part B to this Agreement. A Party may amend those frequencies, within its competence and in accordance with its internal legislation, as a result of progress made in accordance with Articles 159 and 162 of this Agreement, or as a result of verifications, consultations or other measures provided for in this Agreement. The SPS Sub-Committee referred to Article 167 of this Agreement shall accordingly modify Annex VIII Part B to this Agreement by decision.

3. Inspection fees may only cover the costs incurred by the competent authority for performing import checks. The fee shall be calculated on the same basis as the fees charged for the inspection of similar domestic products.

4. The importing Party shall upon request of the exporting Party inform the exporting Party of any amendment, including the reasons for such an amendment, concerning the measures affecting import checks and inspection fees, and of any significant changes in the administrative conduct for such checks.

5. The Parties may agree on the conditions to approve, as from a date to be determined by the SPS Sub-Committee referred to in Article 167 of this Agreement, each other’s controls as referred to in Article 164(1)(b) of this Agreement with a view to adapting and reciprocally reducing, where applicable, the frequency of physical import checks for the commodities referred to in Article 162(2)(a) of this Agreement.

From that date onwards, the Parties may reciprocally approve each other’s controls for certain commodities and consequently reduce or replace the import checks for those commodities.

Article 166. Safeguard Measures

1. Should the exporting Party take within its territory measures to control any cause likely to constitute a serious hazard or risk to human, animal or plant health, the exporting Party, without prejudice to the provisions of paragraph 2, shall take equivalent measures to prevent the introduction of the hazard or risk into the territory of the importing Party.

2. On grounds of serious human, animal or plant health, the importing Party may take provisional measures necessary for the protection of human, animal or plant health. For consignments en route between the Parties, the importing Party shall consider the most suitable and proportionate solution in order to avoid unnecessary disruptions to trade.

3. The Party adopting measures under paragraph 2 of this Article shall inform the other Party no later than one working day following the date of the adoption of the measures. Upon request of either Party, and in accordance with the provisions of Article 161(3) of this Agreement, the Parties shall hold consultations regarding the situation within 15 working days of the notification. The Parties shall take due account of any information provided through such consultations and shall endeavour to avoid unnecessary disruption to trade, taking into account, where applicable, the outcome of the consultations provided for in Article 161(3) of this Agreement.

Article 167. Sanitary and Phytosanitary Sub-Committee

1. The SPS Sub-Committee is hereby established. It shall meet within three months, after the entry into force of this Agreement, upon request of either Party, or at least once every year. Subject to agreement by the Parties, a meeting of the SPS Sub-Committee may be held by video or audio-conference. The SPS Sub-Committee may also address issues out of session, by correspondence.

2. The SPS Sub-Committee shall have the following functions: (a) to consider any matter relating to this Chapter;

(b) to monitor the implementation of this Chapter and examine all matters which may arise in relation to its implementation;

(c) to review Annexes III to X to this Agreement, notably in the light of progress made under the consultations and procedures provided for under this Chapter;

(d) to modify, by means of a decision, Annexes III to X to this Agreement in the light of the review provided for in point (c) of this paragraph, or as otherwise provided in this Chapter; and

(e) to give opinions and make recommendations to the Political and Strategic Dialogue in trade configuration, in accordance with Article 375 ofthis Agreement in the light of the review provided for in point (c) of this paragraph.

3. The Parties agree to establish technical working groups, when appropriate, consisting of expert-level representatives of the Parties, which shall identify and address technical and scientific issues arising from the application of this Chapter. When additional expertise is required, the Parties may establish ad hoc groups, including scientific and expert groups. Membership of such ad hoc groups need not be restricted to representatives of the Parties.

4. The SPS Sub-Committee shall regularly inform, by means of a report, the Political and Strategic Dialogue in Trade configuration, as set out in Article 375(3) of this Agreement, on its activities and the decisions taken within its competence.

5. The SPS Sub-Committee shall adopt its working procedures at its first meeting. 6. Any decision, recommendation, report or other action by the SPS Sub- Committee or any group established by the SPS Sub-Committee shall be adopted by consensus between the Parties.

Chapter 5. CUSTOMS AND TRADE FACILITATION

Article 168. Objectives

1. The Parties acknowledge the importance of customs and trade facilitation in the evolving bilateral trade environment. The Parties agree to reinforce cooperation in this area with a view to ensuring that the relevant legislation and procedures, as well as the administrative capacity of the relevant administrations, fulfil the objectives of effective control and support facilitation of legitimate trade, as a matter of principle.

2. The Parties recognise that utmost importance shall be given to legitimate public policy objectives, including trade facilitation, security and prevention of fraud, and a balanced approach to them.

Article 169. Legislation and Procedures

1. The Parties agree that their respective trade and customs legislation, as a matter of principle, shall be stable and comprehensive, and that the provisions and the procedures shall be proportionate, transparent, predictable, non-discriminatory, impartial and applied uniformly and effectively and shall inter alia:

(a) protect and facilitate legitimate trade through effective enforcement of, and compliance with, legislative requirements;

(b) avoid unnecessary or discriminatory burdens on economic operators, prevent fraud and provide further facilitation for economic operators having a high level of compliance;

(c) apply a Single Administrative Document (SAD) for the purposes of customs declarations;

(d) take measures which lead to greater efficiency, transparency and simplification of customs procedures and practices at the border;

(e) apply modern customs techniques, including risk assessment, post- clearance controls and company audit methods, in order to simplify and facilitate the entry and the release of goods;

(f) aim at reducing costs and increasing predictability for economic operators, including small and medium-sized enterprises;

(g) without prejudice to the application of objective risk-assessment criteria, ensure the non-discriminatory administration of requirements and procedures applicable to imports, exports and goods in transit;

(h) apply the international instruments applicable in the field of customs and trade, including those developed by the World Customs Organisation (WCO) (the Framework of Standards to Secure and Facilitate Global Trade), the WTO (the Agreement on Customs Valuation), the Istanbul Convention on Temporary Admission of 1990, the International Convention on the Harmonised Commodity Description and Coding System of 1983, the UN TIR Convention of 1975 and the 1982 International Convention on the Harmonisation of Frontier Controls of Goods;

(i) take the necessary measures to reflect and implement the provisions of the Revised Kyoto Convention on the Simplification and Harmonisation of Customs Procedures of 1973;

(j) provide for advance binding rulings on tariff classification and rules of origin. The Parties ensure that a ruling may be revoked or annulled only after notification to the affected operator and without retroactive effect, unless the rulings have been made on the basis of incorrect or incomplete information;

(k) introduce and apply simplified procedures for authorised traders according to objective and non-discriminatory criteria;

(l) set rules that ensure that any penalties imposed for the breaches of customs regulations or procedural requirements be proportionate and non- discriminatory and that their application does not result in unwarranted and unjustified delays; and

  • 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