Moldova, Republic of - United Kingdom Strategic Partnership, Trade and Cooperation Agreement (2020)
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(m) apply transparent, non-discriminatory and proportionate rules in respect of the licensing of customs brokers.

2. In order to improve working methods, as well as to ensure non-discrimination, transparency, efficiency, integrity and accountability of operations, the Parties shall:

(a) take further steps towards the reduction, the simplification and the standardisation of data and documentation required by customs and other authorities;

(b) simplify requirements and formalities, wherever possible, with respect to the rapid release and clearance of goods;

(c) provide effective, prompt and non-discriminatory procedures guaranteeing the right of appeal against customs and other authorities' administrative actions, rulings and decisions affecting the goods submitted to customs. Such procedures for appeal shall be easily accessible, including to small or medium-sized enterprises, and any costs shall be reasonable and commensurate with the costs incurred by the authorities to ensure the right of appeal;

(d) take steps to ensure that where a disputed administrative action, ruling or decision is the subject of an appeal, goods should normally be released and duty payments may be left pending, subject to any safeguard measures judged necessary. Where required, the release of the goods should be subject to the provision of a guarantee, such as a surety or a deposit; and

(e) ensure that the highest standards of integrity be maintained, in particular at the border, through the application of measures reflecting the principles of the relevant international conventions and instruments in this field, in particular the WCO Revised Arusha Declaration of 2003.

3. The Parties will not apply:

(a) any requirements for the mandatory use of customs brokers; and

(b) any requirements for the mandatory use of pre-shipment or destination inspections.

4. For the purposes of this Agreement, the transit rules and definitions set out in the WTO provisions, in particular Article V of GATT 1994, and related provisions, including any clarifications and amendments resulting from the Doha Round negotiations on trade facilitation, shall apply. Those provisions also apply when the transit of goods begins or ends in the territory of a Party (inland transit).

The Parties shall pursue the progressive interconnectivity of their respective customs transit systems, with a view to the future accession of the Republic of Moldova to the Convention on a common transit procedure of 1987.

The Parties shall ensure cooperation and coordination between all authorities concerned in their territories in order to facilitate traffic in transit. Parties shall also promote cooperation between the authorities and the private sector in relation to transit.

Article 170. Relations with the Business Community

The Parties agree:

(a) to ensure that their respective legislation and procedures are transparent and publicly available, as far as possible through electronic means, and contain a justification for their adoption. There should be a reasonable time period between the publication of new or amended provisions and their entry into force;

(b) on the need for timely and regular consultations with trade representatives on legislative proposals and procedures related to customs and trade issues. To that end, appropriate and regular consultation mechanisms between the administration and the business community shall be established by each Party;

(c) to make publicly available, as far as possible through electronic means, relevant notices of an administrative nature, including authorities' requirements and entry or exit procedures, hours of operation and operating procedures for customs offices at ports and border crossing points, and points of contact for information enquiries;

(d) to foster cooperation between operators and relevant administrations using non-arbitrary and publicly accessible procedures such as Memoranda of Understanding, based, in particular, on those promulgated by the WCO; and

(e) to ensure that their respective customs and customs-related requirements and procedures continue to meet the legitimate needs of the trading community, follow best practices, and remain the least trade-restrictive possible.

Article 171. Fees and Charges

1. Upon the entry into force of this Agreement, the Parties shall prohibit administrative fees having an equivalent effect to import or export duties and charges.

2. With regard to all fees and charges of whatever character imposed by the customs authorities of each Party, including fees and charges for tasks undertaken on behalf of the said authorities, upon or in connection with import or export and without prejudice to the relevant Articles in Chapter 1 (National Treatment and Market Access for Goods) of Title V (Trade and Trade-related Matters) of this Agreement, the Parties agree that:

(a) fees and charges may only be imposed for services provided at the request of the declarant outside normal working conditions, hours of operation and in places other than those referred to in the customs regulations, as well as for any formality related to such services and required for undertaking such import or export;

(b) fees and charges shall not exceed the cost of the service provided;

(c) fees and charges shall not be calculated on an ad valorem basis;

(d) the information on the fees and charges shall be published via an officially designated medium and, where feasible and possible, on an official website. That information shall include the reason for the fee or charge for the service provided, the responsible authority, the fees and charges that will be applied, and when and how payment is to be made; and

(e) new or amended fees and charges shall not be imposed until information on them is published and made readily available.

Article 172. Customs Valuation

1. The provisions of the Agreement on the Implementation of Article VII of GATT 1994 contained in Annex 1A to the WTO Agreement, including any subsequent amendments, shall govern the customs valuation of goods in the trade between the Parties. Those provisions are hereby incorporated into this Agreement and made part thereof. Minimum customs values shall not be used.

2. The Parties shall cooperate with a view to reaching a common approach to issues relating to customs valuation.

Article 173. Customs Cooperation

The Parties shall strengthen cooperation in the area of customs to ensure implementation of the objectives of this Chapter in order to further trade facilitation, while ensuring effective control, security and prevention of fraud.

In order to ensure compliance with the provisions of this Chapter the Parties shall, inter alia:

(a) exchange information concerning customs legislation and procedures;

(b) develop joint initiatives relating to import, export and transit procedures, as well as work towards ensuring that an effective service is provided to the business community;

(c) cooperate on the automation of customs and other trade procedures;

(d) exchange, where appropriate, information and data subject to respect of the confidentiality of data and standards and regulations on protection of personal data;

(e) cooperate in preventing and combating illicit cross-border traffic in goods, including in tobacco products;

(f) exchange information or enter into consultations with a view to establishing, where possible, common positions in international organisations in the field of customs such as the WTO, the WCO, the UN, the United Nations Conference on Trade and Development (UNCTAD) and the UNECE;

(g) cooperate in the planning and delivery of technical assistance, notably to facilitate customs and trade facilitation reforms in line with the relevant provisions of this Agreement;

(h) exchange best practices in customs operations, in particular on intellectual property rights enforcement, especially in relation to counterfeit products;

(i) promote coordination between all border authorities of the Parties to facilitate the border crossing process and enhance control, taking into account joint border controls, where feasible and appropriate; and

(j) establish, where relevant and appropriate, mutual recognition of trade partnership programmes and customs controls, including equivalent trade facilitation measures.

Article 174. Mutual Administrative Assistance In Customs Matters

Without prejudice to other forms of cooperation envisaged in this Agreement, in particular in Article 173 of this Agreement, the Parties shall provide each other with mutual administrative assistance in customs matters in accordance with the provisions of Protocol II on Mutual Administrative Assistance in Customs Matters to this Agreement.

Article 175. Technical Assistance and Capacity Building

The Parties shall cooperate with a view to providing technical assistance and capacity building for the implementation of trade facilitation and customs reforms.

Article 176. Customs Sub-Committee

1. The Customs Sub-Committee is hereby established. It shall report to the Political and Strategic Dialogue in Trade configuration, as set out in Article 375(3) of this Agreement.

2. The function of the Sub-Committee shall include regular consultations and monitoring of the implementation and the administration of this Chapter, including the matters of customs cooperation, cross-border customs cooperation and management, technical assistance, rules of origin, trade facilitation, as well as mutual administrative assistance in customs matters.

3. The Customs Sub-Committee shall inter alia:

(a) see to the proper functioning of this Chapter and of Protocols I and II to this Agreement;

(b) adopt practical arrangements, measures and decisions to implement this Chapter and Protocols I and II to this Agreement, including on exchange of information and data, mutual recognition of customs controls and trade partnership programmes, and mutually agreed benefits;

(c) exchange views on any points of common interest, including future measures and the resources needed for their implementation and application;

(d) make recommendations where appropriate; and

(e) adopt its internal rules of procedure.

Chapter 6. ESTABLISHMENT, TRADE IN SERVICES AND ELECTRONIC COMMERCE

Section 1. GENERAL PROVISIONS

Article 177. Objective, Scope and Coverage

1. The Parties, reaffirming their respective commitments under the WTO Agreement, hereby lay down the necessary arrangements for the progressive reciprocal liberalisation of establishment and trade in services and for cooperation on electronic commerce.

2. Government procurement is covered in Chapter 8 (Public Procurement) of Title V (Trade and Trade-related Matters) of this Agreement. Nothing in this Chapter shall be construed to impose any obligation with respect to government procurement.

3. Subsidies are covered in Chapter 10 (Competition) of Title V (Trade and Trade-related Matters) of this Agreement. The provisions of this Chapter shall not apply to subsidies granted by the Parties.

4. In accordance with the provisions of this Chapter, each Party retains the right to regulate and to introduce new regulations to meet legitimate policy objectives

5. This Chapter shall not apply to measures affecting natural persons seeking access to the employment market of a Party, nor shall it apply to measures regarding citizenship, residence or employment on a permanent basis.

6. Nothing in this Chapter shall prevent a Party from applying measures to regulate the entry of natural persons into, or their temporary stay in, its territory, including those measures necessary to protect the integrity of, and to ensure the orderly movement of natural persons across its borders, provided that those measures are not applied in such a manner as to nullify or impair the benefits accruing to any Party under the terms of a specific commitment in this Chapter and Annexes XI to this Agreement.(1)

(1) The sole fact of requiring a visa for natural persons of certain countries and not for those of others shall not be regarded as nullifying or impairing benefits under a specific commitment.

Article 178. Definitions

For the purposes of this Chapter:

1. "measure" means any measure by a Party, whether in the form of a law, regulation, rule, procedure, decision, administrative action, or any other form;

2. "measures adopted or maintained by a Party" means measures taken by:

(a) central, regional or local governments and authorities; and

(b) non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities;

3. "natural person of a Party" means a national of the UK or a national of the Republic of Moldova according to respective legislation;

4. "juridical person" means any legal entity duly constituted or otherwise organised under applicable law, whether for profit or otherwise, and whether privately-owned or governmentally-owned, including any corporation, trust, partnership, joint venture, sole proprietorship or association;

5. "juridical person of the UK" or "juridical person of the Republic of Moldova" means a juridical person as defined in point 4 set up in accordance with the law of the UK or of the Republic of Moldova, respectively, and having its registered office, central administration, or principal place of business in the territory to which, and to the extent and under the conditions which, the EU-Moldova Association Agreement applied immediately before it ceased to apply to the UK in regards to the UK and the territories for whose international relations it is responsible, or in the territory of the Republic of Moldova, respectively.

Should that juridical person have only its registered office or central administration in the territory to which, and to the extent and under the conditions which, the EU- Moldova Association Agreement applied immediately before it ceased to apply to the UK in regards to the UK and the territories for whose international relations it is responsible(1), or in the territory of the Republic of Moldova, respectively, it shall not be considered as a juridical person of the UK or a juridical person of the Republic of Moldova respectively, unless its operations possess a real and continuous link with the economy of the UK or of the Republic of Moldova, respectively.

Notwithstanding the preceding paragraph, shipping companies established outside the UK or the Republic of Moldova and controlled by nationals of the UK or of the Republic of Moldova, respectively, shall also be beneficiaries of the provisions of this Agreement if their vessels are registered in accordance with their respective legislation in the UK or in the Republic of Moldova and fly the flag of the UK or of the Republic of Moldova;

(1) For greater certainty, that territory shall include the exclusive economic zone and continental shelf, as provided in the United Nations Convention on the Law of the Sea (UNCLOS).

6. "subsidiary" of a juridical person of a Party means a legal person which is effectively controlled by another juridical person of that Party (1);

(1) A juridical person is controlled by another juridical person if the latter has the power to name a majority of its directors or otherwise to legally direct its actions.

7. "branch" of a juridical person means a place of business not having legal personality which has the appearance of permanency, such as the extension of a parent body, has a management structure and is materially equipped to negotiate business with third parties so that the latter, although knowing that there will, if necessary, be a legal link with the parent body, the head office of which is abroad, do not have to deal directly with such parent body but may transact business at the place of business constituting the extension;

8. "establishment" means:

(a) as regards juridical persons of the UK or of the Republic of Moldova, the right to take up and pursue economic activities by means of setting up, including the acquisition of, a juridical person and/or to create a branch or a tepresentative office in the UK or in the Republic of Moldova respectively;

(b) as regards natural persons, the right of natural persons of the UK or of the Republic of Moldova to take up and pursue economic activities as self-employed persons and to set up undertakings, in particular companies, which they effectively control;

9. "economic activities" shall include activities of an industrial, commercial and professional character and activities of craftsmen and do not include activities performed in the exercise of governmental authority;

10. "operations" means the pursuit of economic activities;

11. "services" includes any service in any sector except services supplied in the exercise of governmental authority;

12. "services and other activities performed in the exercise of governmental authority" means services or activities which are performed neither on a commercial basis nor in competition with one or more economic operators;

13. ‘cross-border supply of services’ means the supply of a service:

(a) from the territory of a Party into the territory of the other Party (Mode 1); or

(b) in the territory of a Party to the service consumer of the other Party (Mode 2);

14. "service supplier" of a Party means any natural or juridical person of a Party that seeks to supply or supplies a service;

15. "entrepreneur" means any natural or juridical person of a Party that seeks to perform or performs an economic activity through setting up an establishment.

Section 2. ESTABLISHMENT

Article 179. Scope

This Section applies to measures adopted or maintained by the Parties affecting establishment in all economic activities with the exception of:

(a) mining, manufacturing and processing (1) of nuclear materials; production of, or trade in, arms, munitions and war materiel; audiovisual services;

(b) national maritime cabotage (2); and

(c) domestic and international air transport services (3), whether scheduled or non-scheduled, and services directly related to the exercise of traffic rights, other than:

(i) aircraft repair and maintenance services during which an aircraft is withdrawn from service;

(ii) the selling and marketing of air transport services;

(iii) computer reservation system (CRS) services;

(iv) ground-handling services;

(v) airport operation services.

(1) For greater certainty, processing of nuclear materials includes all the activities contained in UN ISIC Rev.3.1 code 2330.
(2) Without prejudice to the scope of activities which may be considered as cabotage under the relevant domestic legislation, national maritime cabotage under this chapter covers transportation of passengers or goods between a port or point located in the UK or in the Republic of Moldova and another port or point located in the UK or in the Republic of Moldova, including on its continental shelf, as provided in the UNCLOS, and traffic originating and terminating in the same port or point located in the UK or in the Republic of Moldova.
(3) The conditions of mutual market access in air transport shall be dealt with by an agreement or arrangement governing air services between Moldova and the United Kingdom.

Article 180. National Treatment and Most-favoured-nation Treatment

1. Subject to reservations listed in Annex XI-E to this Agreement, the Republic of Moldova shall grant, upon entry into force of this Agreement:

(a) as regards the establishment of subsidiaries, branches and representative offices of juridical persons of the UK, treatment no less favourable than that accorded by the Republic of Moldova to its own juridical persons, their branches and representative offices, or to subsidiaries, branches and representative offices of any third country's juridical persons, whichever is better;

(b) as regards the operation of subsidiaries, branches and representative offices of juridical persons of the UK in the Republic of Moldova, once established, treatment no less favourable than that accorded by the Republic of Moldova to its own juridical persons, their branches and representative offices, or to subsidiaries, branches and representative offices of any third country's juridical persons, whichever is better. (1)

(1) This obligation does not extend to the investment protection provisions not covered by this Chapter, including provisions relating to investor-state dispute settlement procedures, as found in other agreements.

2. Subject to reservations listed in Annex XI-A to this Agreement, the UK shall grant, upon entry into force of this Agreement:

(a) as regards the establishment of subsidiaries, branches and representative offices of juridical persons of the Republic of Moldova, treatment no less favourable than that accorded by the UK to its own juridical persons, their branches and representative offices, or to subsidiaries, branches and representative offices of any third country's juridical persons, whichever is better;

(b) as regards the operation of subsidiaries, branches and representative offices of juridical persons of the Republic of Moldova in the UK, once established, treatment no less favourable than that accorded by the UK to its ownjuridical persons, their branches and representative offices, or to subsidiaries, branches and representative offices of any third country's juridical persons, whichever is better.(2)

(2) This obligation does not extend to the investment protection provisions not covered by this Chapter, including provisions relating to investor-state dispute settlement procedures, as found in other agreements.

3. Subject to reservations listed in Annexes XI-A and XI-E to this Agreement, the Parties shall not adopt any new regulations or measures which introduce discrimination as regards the establishment of juridical persons of the UK or of the Republic of Moldova on their territory or in respect of their operation, once established, by comparison with their own juridical persons.

Article 181. Review

1. With a view to progressively liberalising the establishment conditions, the Parties shall regularly review the establishment legal framework (1) and the establishment environment, consistent with their commitments in international agreements.

2. In the context of the review referred to in paragraph 1, the Parties shall assess any obstacles to establishment that have been encountered. With a view to deepening the provisions of this Chapter, the Parties shall find appropriate ways to address such obstacles, which could include further negotiations, including with respect to investment protection and to investor-to-state dispute settlement procedures.

(1) This includes this Chapter and Annexes XI-A and XI-E to this Agreement

Article 182. Other Agreements

Nothing in this Chapter shall be construed to limit the rights of entrepreneurs of the Parties to benefit from any more favourable treatment provided for in any existing or future international agreement relating to investment to which the UK and the Republic of Moldova are parties.

Article 183. Standard of Treatment for Branches and Representative Offices

1. The provisions of Article 180 of this Agreement do not preclude the application by a Party of particular rules concerning the establishment and operation in its territory of branches and representative offices of juridical persons of another Party not incorporated in the territory of the first Party, which are justified by legal or technical differences between such branches and representative offices as compared to branches and representative offices of juridical persons incorporated in its territory or, as regards financial services, for prudential reasons.

2. The difference in treatment shall not go beyond what is strictly necessary as a result of such legal or technical differences or, as regards financial services, for prudential reasons.

Section 3. CROSS-BORDER SUPPLY OF SERVICES

Article 184. Scope

This Section applies to measures of the Parties affecting the cross-border supply of all services sectors with the exception of:

(a) audiovisual services;

(b) national maritime cabotage (1); and

(c) domestic and international air transport services (2), whether scheduled or non-scheduled, and services directly related to the exercise of traffic rights other than:

(i) aircraft repair and maintenance services during which an aircraft is withdrawn from service;

(ii) the selling and marketing of air transport services;

(iii) CRS services;

(iv) ground-handling services;

(v) airport operation services.

(1) Without prejudice to the scope of activities which may be considered as cabotage under the relevant domestic legislation, national maritime cabotage under this Chapter covers transportation of passengers or goods between a port or point located in the UK or in the Republic of Moldova and another port or point located in the UK or in the Republic of Moldova, including on its continental shelf, as provided in the UNCLOS, and traffic originating and terminating in the same port or point located in the UK or in the Republic of Moldova.
(2) The conditions of mutual market access in air transport shall be dealt with by an agreement or arrangement governing air services between Moldova and the United Kingdom.

Article 185. Market Access

1. With respect to market access through the cross-border supply of services, each Party shall accord services and service suppliers of the other Party a treatment not less favourable than that provided for in the specific commitments contained in Annexes XI-B and XI-F to this Agreement.

2. In sectors where market access commitments are undertaken, the measures which a Party shall not maintain or adopt, either on the basis of a regional subdivision or on the basis ofits entire territory, unless otherwise specified in Annexes XI-B and XI-F to this Agreement, are defined as:

(a) limitations on the number of services suppliers whether in the form of numerical quotas, monopolies, exclusive service suppliers or the requirement of an economic needs test;

(b) limitations on the total value of service transactions or assets in the form of numerical quotas or the requirement of an economic needs test;

(c) limitations on the total number of service operations or on the total quantity of service output expressed in the terms of designated numerical units in the form of quotas or the requirement of an economic needs test.

Article 186. National Treatment

1. In the sectors where market access commitments are inscribed in Annexes XI- B and XI-F to this Agreement, and subject to any conditions and qualifications set out therein, each Party shall grant to services and service suppliers of the other Party, in respect of all measures affecting the cross-border supply of services, treatment no less favourable than that it accords to its own like services and services suppliers.

2. A Party may meet the requirement provided for in paragraph 1 by according to services and service suppliers of the other Party either formally identical treatment or formally different treatment to that which it accords to its own like services and service suppliers.

3. Formally identical or formally different treatment shall be considered to be less favourable ifit modifies the conditions of competition in favour of services or service suppliers of the Party compared to like services or service suppliers of the other Party.

  • 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