Georgia - United Kingdom Strategic Partnership and Cooperation Agreement (2019)
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Article 207. Regulatory Authorities

1. Each Party shall designate independent regulatory authorities empowered to regulate the gas and electricity markets. These regulatory authorities shall be legally distinct and functionally independent from any other public or private enterprise, market participant or operator.

2. The decisions of and the procedures used by a regulatory authority shall be impartial with respect to all market participants.

3. An operator affected by any decision of a regulatory authority shall have the right to appeal against that decision to an appeal body which is independent of the parties involved. Where the appeal body is not judicial in character, written reasons for its decision shall always be given and its decisions shall also be subject to review by an impartial and independent judicial authority. Decisions taken by appeal bodies shall be effectively enforced.

Article 208. Organisation of Markets

1. The Parties shall ensure that energy markets are operated with a view to achieving competitive, secure and environmentally sustainable conditions and shall not discriminate between enterprises as regards rights or obligations.

2. Notwithstanding paragraph 1, a Party may impose on enterprises, in the general economic interest, obligations which may relate to security, including security of supply; regularity, quality and price of supplies; and environmental protection, including energy efficiency, energy from renewable sources and climate protection. Such obligations shall be clearly defined, transparent, proportionate and verifiable.

3. Where a Party regulates the price at which gas and electricity are sold on the domestic market, that Party shall ensure that the methodology underlying the calculation of the regulated price is published prior to the entry into force of the regulated price.

Article 209. Access to Energy Transport Facilities

1. Each Party shall ensure on its territory the implementation of a system of third party access to energy transport facilities and Liquefied Natural Gas and storage facilities applicable to all users and applied in a transparent, objective and non- discriminatory manner.

2. Each Party shall ensure that the access tariff to energy transport facilities and all other conditions related to access to an energy transport facility are objective, reasonable, transparent and shall not discriminate on the basis of origin, ownership or destination of the energy good.

3. Each Party shall ensure that all technical and contracted capacity, both physical and virtual, is allocated through transparent and non-discriminatory criteria and procedures.

4. In case of refusal to grant third party access, the Parties shall ensure that, upon request, the energy transport facility operators provide a duly substantiated explanation to the requesting party, subject to legal redress.

5. A Party may exceptionally derogate from the provisions in paragraphs 1 to 4 according to objective criteria laid down in its legislation. In particular, a Party may implement in its legislation a possibility to grant, on a case-by-case basis, for a limited period of time, an exemption to the third party access rules for major new energy transport facilities.

Article 210. Relationship with the Energy Community Treaty

1. In relation to Georgia, in the event of a conflict between the provisions of this Chapter and the provisions of the Energy Community Treaty or the provisions of the European Union legislation made applicable under the Energy Community Treaty, the provisions of the Energy Community Treaty or the provisions of the relevant European Union legislation made applicable under the Energy Community Treaty shall prevail to the extent of such conflict.

2. In the implementation of this Chapter by Georgia, preference shall be given to the adoption of legislation or other acts which are consistent with the Energy Community Treaty or are based on the legislation applicable in the European Union. In the event of a dispute as regards this Chapter, legislation or other acts adopted by Georgia which meet these criteria shall be presumed to conform to this Chapter. In assessing whether the legislation or other acts adopted by Georgia meet these criteria, any relevant decision taken under Article 91 of the Energy Community Treaty shall be taken into account.

3. The provisions of paragraphs 1 and 2 of this Article shall not apply to the United Kingdom.

Chapter 12. Transparency

Article 211. Definitions

(a) €"measure of general application"€™ includes laws, regulations, judicial decisions, procedures and administrative rulings that may have an impact on any matter covered by Title IV (Trade and Trade-related Matters) of this Agreement. It does not include measures that are addressed to a particular person or a group of persons;

(b) "€˜interested person"€™ means any natural or legal person established in the territory of a Party that may be directly affected by a measure of general application.

Article 212. Objective

Recognising the impact which regulatory environment may have on trade and investment between the Parties, the Parties shall provide a predictable regulatory environment for economic operators and efficient procedures, including for small and medium-sized enterprises, taking due account of the requirements of legal certainty and proportionality.

Article 213. Publication

1. Each Party shall ensure that measures of general application:

(a) are promptly and readily available via an officially designated medium and where feasible, electronic means, in such a manner as to enable any person to become acquainted with them;

(b) provide an explanation of the objective of, and the rationale for, such measures; and

(c) allow for sufficient time between the publication and entry into force of such measures, except in duly justified cases including security or emergency issues.

2. Each Party shall:

(a) endeavour to make publicly available at an appropriate carly stage any proposal to adopt or to amend any measure of general application, including an explanation of the objective of, and rationale for such proposal;

(b) provide reasonable opportunities for interested persons to comment on such proposal, allowing, in particular, for sufficient time for such opportunities; and

(c) endeavour to take into consideration the comments received from interested persons with respect to such proposal.

Article 214. Enquiries and Contact Points

1. In order to facilitate the communication between the Parties on any matter covered by Title IV (Trade and Trade-related Matters) of this Agreement, each Party shall designate a contact point acting as coordinator.

2. Each Party shall establish or maintain appropriate mechanisms for responding to enquiries from any person regarding any measure of general application which is proposed or in force, and its application. Enquiries may be addressed through the contact point established under paragraph 1 or through any other mechanism, as appropriate.

3. The Parties recognise that any response provided for in paragraph 2 may not be definitive or legally binding but for information purposes only, unless otherwise provided for in their respective laws and regulations.

4. Upon request of a Party, the other Party shall promptly provide information and respond to questions pertaining to any measure of general application or any proposal to adopt or to amend any measure of general application that the requesting Party considers might affect the operation of Title IV (Trade and Trade-related Matters) of this Agreement, regardless of whether the requesting Party has been previously notified of that measure.

Article 215. Administration of Measures of General Application

1. Each Party shall administer in an objective, impartial and reasonable manner all measures of general application.

2. To that end, each Party, in applying such measures to particular persons, goods or services of the other Party in specific cases, shall:

(a) endeavour to provide interested persons, that are directly affected by an administrative proceeding, with a reasonable notice, in accordance with its procedures, when a proceeding is initiated, including a description of the nature of the proceeding, a statement of the legal authority under which the proceeding is initiated and a general description of any issues in controversy;

(b) afford such interested persons a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative action, in so far as the time, the nature of the proceeding and the public interest permit; and

(c) ensure that its procedures are based on and carried out in accordance with its law.

Article 216. Review and Appeal

1. Each Party shall establish or maintain judicial, arbitral or administrative tribunals or procedures for the purpose of the prompt review and, where warranted, correction of administrative action relating to matters covered by Title IV (Trade and Trade-related Matters) of this Agreement. Such tribunals or procedures shall be impartial and independent of the office or authority entrusted with administrative enforcement and those responsible for them shall not have any substantial interest in the outcome of the matter.

2. Each Party shall ensure that, in any such tribunals or procedures, the parties to the proceeding are provided with the right to:

(a) a reasonable opportunity to support or defend their respective positions; and

(b) a decision based on the evidence and the submissions of record or, where required by its law, the record compiled by the administrative authority.

3. Each Party shall ensure that, subject to appeal or further review as provided for in its law, such decision shall be implemented by, and shall govern the practice of, the office or the authority with respect to the administrative action at issue.

Article 217. Regulatory Quality and Performance and Good Administrative Behaviour

1. The Parties agree to cooperate in promoting regulatory quality and performance, including through exchange of information and best practices on their respective regulatory policies and regulatory impact assessments.

2. The Parties recognise the importance of the principles of good administrative behaviour and agree to cooperate in promoting such principles, including through exchange of information and best practices.

Article 218. Specific Rules

The provisions of this Chapter shall apply without prejudice to any specific rules on transparency established in other Chapters of Title IV (Trade and Trade-related Matters) of this Agreement.

Chapter 13. Trade and Sustainable Development

Article 219. Context and Objectives

1. The Parties recall the Agenda 21 of the United Nations Conference on Environment and Development of 1992, the International Labour Organisation's (ILO) Declaration on Fundamental Principles and Rights at Work of 1998, the Johannesburg Plan of Implementation on Sustainable Development of 2002, the Ministerial Declaration of the United Nations Economic and Social Council on Generating Full and Productive Employment and Decent Work for All of 2006, and the ILO Declaration on Social Justice for a Fair Globalisation of 2008. The Parties reaffirm their commitment to promote the development of international trade in such a way as to contribute to the objective of sustainable development, for the welfare of present and future generations, and to ensure that this objective is integrated and reflected at every level of their trade relationship.

2. The Parties reaffirm their commitment to pursue sustainable development and recognise that economic development, social development and environmental protection are its interdependent and mutually reinforcing pillars. They underline the benefit of considering trade-related labour (1) and environmental issues as part of a global approach to trade and sustainable development.

(1) When labour is referred to in this Chapter, it includes the issues relevant to the strategic objectives of the ILO, through which the Decent Work Agenda is expressed, as agreed on in the ILO 2008 Declaration on Social Justice for a Fair Globalisation.

Article 220. Right to Regulate and Levels of Protection

1. The Parties recognise the right of each Party to determine its sustainable development policies and priorities, to establish its own levels of domestic environmental and labour protection, and to adopt or modify accordingly its relevant law and policies, consistently with their commitment to the internationally recognised standards and agreements referred to in Articles 221 and 222 of this Agreement.

2. In that context, each Party shall strive to ensure that its law and policies provide for and encourage high levels of environmental and labour protection and shall strive to continue to improve its law and policies and the underlying levels of protection.

Article 221. Multilateral Labour Standards and Agreements

1. The Parties recognise full and productive employment and decent work for all as key elements for managing globalisation, and reaffirm their commitment to promote the development of international trade ina way that is conducive to full and productive employment and decent work for all. In this context, the Parties commit to consulting and cooperating as appropriate on trade-related labour issues of mutual interest.

2. In accordance with their obligations as members of the ILO and the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up, adopted by the International Labour Conference at its 86th Session in 1998, the Parties commit to respecting, promoting and realising in their law and practice and in their whole territory the inter- nationally recognised core labour standards, as embodied in the fundamental ILO conventions, and in particular:

(a) the freedom of association and the effective recognition of the right to collective bargaining;

(b) the elimination of all forms of forced or compulsory labour; (c) _ the effective abolition of child labour; and (d) _ the elimination of discrimination in respect of employment and occupation.

3. The Parties reaffirm their commitment to effectively implement in their law and practice the fundamental, the priority and other ILO conventions ratified by Georgia and the United Kingdom respectively.

4. The Parties will also consider the ratification of the remaining priority and other conventions that are classified as up-to-date by the ILO. The Parties shall regularly exchange information on their respective situation and developments in this regard.

5. The Parties recognise that the violation of fundamental principles and rights at work cannot be invoked or otherwise used as a legitimate comparative advantage and that labour standards should not be used for protectionist trade purposes.

Article 222. Multilateral Environmental Governance and Agreements

1. The Parties recognise the value of multilateral environmental governance and agreements as a response of the international community to global or regional environmental problems, and stress the need to enhance the mutual supportiveness between trade and environmental policies. In this context, the Parties commit to consult and cooperate as appropriate with respect to negotiations on trade-related environmental issues and with respect to other trade-related environmental matters of mutual interest.

2. The Parties reaffirm their commitment to effectively implement in their law and practice the multilateral environmental agreements (MEAs) to which they are party.

3. The Parties shall regularly exchange information on their respective situation and advancements as regards ratifications of MEAs or amendments to such agreements.

4. The Parties reaffirm their commitment to reaching the ultimate objective of the United Nations Framework Convention on Climate Change (UNFCCC) and the Protocol thereto (Kyoto Protocol). They commit to cooperate on the development of the future international climate change framework under the UNFCCC and its related agreements and decisions.

5. Nothing in this Agreement shall prevent the Parties from adopting or maintaining measures to implement the MEAs to which they are party, provided that such measures are not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination between the Parties or a disguised restriction on trade.

Article 223. Trade and Investment Promoting Sustainable Development

The Parties reconfirm their commitment to enhance the contribution of trade to the goal of sustainable development in its economic, social and environmental dimensions. Accordingly:

(a) the Parties recognise the beneficial role that core labour standards and decent work can have on economic efficiency, innovation and productivity, and they shall seck greater policy coherence between trade policies, on the one hand, and labour policies on the other;

(b) the Parties shall strive to facilitate and promote trade and investment in environmental goods and services, including through addressing related non-tariff barriers;

(c) the Parties shall strive to facilitate the removal of obstacles to trade or investment concerning goods and services of particular relevance to climate change mitigation, such as sustainable renewable energy and energy efficient products and services. This may include the adoption of appropriate technologies and the promotion of standards that respond to environmental and economic needs and minimise technical obstacles to trade;

(d) the Parties agree to promote trade in goods that contribute to enhanced social conditions and environmentally sound practices, including goods that are the subject of voluntary sustainability assurance schemes such as fair and ethical trade schemes and eco-labels;

(e) the Parties agree to promote corporate social responsibility, including through exchange of information and best practices. In this regard, the Parties refer to the relevant internationally recognised principles and guidelines, especially the OECD Guidelines for Multinational Enterprises.

Article 224. Biological Diversity

1. The Parties recognise the importance of ensuring the conservation and the sustainable use of biological diversity as a key element for the achievement of sustainable development, and reaffirm their commitment to conserve and sustainably use biological diversity, in accordance with the Convention on Biological Diversity and other relevant international instruments to which they are party.

2. To that end, the Parties commit to:

(a) promoting trade in natural resource-based products obtained through a sustainable use of biological resources and contributing to the conservation of biodiversity;

(b) exchanging information on actions on trade in natural resource-based products aimed at halting the loss of biological diversity and reducing pressures on biodiversity and, where relevant, cooperating to maximise the impact and ensure the mutual supportiveness of their respective policies;

(c) promoting the listing of species under Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) where the conservation status of those species is considered at risk; and

(d) cooperating at the regional and global levels with the aim of promoting the conservation and the sustainable use of biological diversity in natural or agricultural ecosystems, including endangered species, their habitat, specially protected natural areas and genetic diversity; the restoration of ecosystems, and the elimination or the reduction of negative environmental impacts resulting from the use of living and non-living natural resources or of ecosystems.

Article 225. Sustainable Management of Forests and Trade In Forest Products

1. The Parties recognise the importance of ensuring the conservation and the sustainable management of forests and of forests’ contribution to the Parties! economic, environmental and social objectives.

2. To that end, the Parties commit to:

(a) promoting trade in forest products derived from sustainably managed forests, harvested in accordance with the domestic legislation of the country of harvest, which could include bilateral or regional agreements to that end;

(b) exchanging information on measures to promote the consumption of timber and timber products from sustainably managed forests and, where relevant, cooperate to developing such measures;

(c) adopting measures to promote the conservation of forest cover and combat illegal logging and related trade, including with respect to third countries, as appropriate;

(d) exchanging information on actions for improving forest governance and where relevant cooperating to maximise the impact and ensure the mutual supportiveness of their respective policies aiming at excluding illegally harvested timber and timber products from trade flows;

(e) promoting the listing of timber species under CITES where the conservation status of those species is considered at risk; and

(f} cooperating at the regional and the global levels with the aim of promoting the conservation of forest cover and the sustainable management of all types of forests.

Article 226. Trade In Fish Products

Taking into account the importance of ensuring responsible management of fish stocks in a sustainable manner as well as promoting good governance in trade, the Parties commit to:

(a) promoting best practices in fisheries management with a view to ensuring the conservation and the management of fish stocks in a sustainable manner, and based on the ecosystem approach;

(b) taking effective measures to monitor and control fishing activities;

(c) complying with long-term conservation measures and sustainable exploitation of marine living resources as defined in the main UN and FAO instruments relating to these issues;

(d) promoting coordinated data collection schemes and scientific cooperation between the Parties in order to improve current scientific advice for fisheries management,

(e) cooperating with and within relevant Regional Fisheries Management Organisations as widely as possible; and

(f) cooperating in the fight against illegal, unreported and unregulated (IUU) fishing and fishing related activities with comprehensive, effective and transparent measures. The Parties shall also implement policies and measures to exclude IUU products from trade flows and their markets.

Article 227. Upholding Levels of Protection

1. The Parties recognise that it is inappropriate to encourage trade or investment by lowering the levels of protection afforded in domestic environmental or labour law.

2. A Party shall not waive or derogate from, or offer to waive or derogate from, its environmental or labour law as an encouragement for trade or the establishment, the acquisition, the expansion or the retention of an investment of an investor in its territory.

3. A Party shall not, through a sustained or recurring course of action or inaction, fail to effectively enforce its environmental and labour law, as an encouragement for trade or investment.

Article 228. Scientific Information

When preparing and implementing measures aimed at protecting the environment or labour conditions that may affect trade or investment, the Parties shall take account of available scientific and technical information, and relevant inter- national standards, guidelines or recommendations if they exist. In this regard, the Parties may also use the precautionary principle.

Article 229. Transparency

Each Party, in accordance with its domestic law and Chapter 12 (Transparency) of Title IV (Trade and Trade-related Matters) of this Agreement, shall ensure that any measure aimed at protecting the environment or labour conditions that may affect trade or investment is developed, introduced and implemented in a transparent manner, with due notice and public consultation, and with appropriate and timely communication to and consultation of non-state actors.

Article 230. Review of Sustainability Impacts

The Parties commit to reviewing, monitoring and assessing the impact of the implementation of Title IV (Trade and Trade-related Matters) of this Agreement on sustainable development through their respective participative processes and institutions, as well as those set up under this Agreement, for instance through trade- related sustainability impact assessments.

Article 231. Working Together on Trade and Sustainable Development

The Parties recognise the importance of working together on trade-related aspects of environmental and labour policies in order to achieve the objectives of Title IV (Trade and Trade-related Matters) of this Agreement. They may cooperate in, inter alia, the following areas:

(a) labour or environmental aspects of trade and sustainable development in international fora, including in particular the WTO, the ILO, United Nations Environment Programme, and MEAs;

(b) methodologies and indicators for trade sustainability impact assessments;

(c) the impact of labour and environment regulations, norms and standards on trade, as well as the impact of trade and investment rules on labour and environmental law, including on the development of labour and environmental regulations and policy;

(d) the positive and negative impacts of Title IV (Trade and Trade-related Matters) of this Agreement on sustainable development and ways to enhance, prevent or mitigate them, respectively, also taking into account the sustainability impact assessments carried out by either or both Parties;

(e) exchanging views and best practices on promoting the ratification and the effective implementation of fundamental, priority and other up-to-date ILO conventions and MEAs of relevance in a trade context;

(f) promoting private and public certification, traceability and labelling schemes, including eco-labelling;

(g) promoting corporate social responsibility, for instance through actions concerning awareness raising, implementation and dissemination of internationally recognised guidelines and principles;

(h) trade related aspects of the ILO Decent Work Agenda, including on the interlink between trade and full and productive employment, labour market adjustment, core labour standards, labour statistics, human resources development and lifelong learning, social protection and social inclusion, social dialogue and gender equality;

(i) trade-related aspects of MEAs, including customs cooperation;

(j) trade-related aspects of the current and future international climate change regime, including means to promote low- carbon technologies and energy efficiency;

(k) trade-related measures to promote the conservation and the sustainable use of biological diversity;

(l) €trade-related measures to promote the conservation and sustainable management of forests, thereby reducing pressure on deforestation including with regard to illegal logging; and

(m) trade-related measures to promote sustainable fishing practices and trade in sustainably managed fish products.

Article 232. Institutional Set-up and Overseeing Mechanisms

1. Each Party shall designate a contact point within its administration that shall serve as the contact point with the other Party for purposes of implementing this Chapter.

2. The Trade and Sustainable Development Sub-Committee is hereby established. It shall report on its activities to the Strategic Partnership and Cooperation Forum in Trade configuration, as set out in Article 354(3) of this Agreement. It shall comprise senior officials from within the administrations of each Party.

3. The Trade and Sustainable Development Sub-Committee shall meet within the first year after the date this Agreement enters into force, and thereafter as necessary, to oversee the implementation of this Chapter, including cooperative activities undertaken under Article 231 of this Agreement. That Sub-Committee shall establish its own rules of procedure.

4. Each Party shall convene new or consult existing domestic advisory group(s) on sustainable development with the task of advising on issues relating to this Chapter. Such group(s) may submit views or recommendations on the implementation of this Chapter, including on its (their) own initiative.

5. The domestic advisory group(s) shall comprise independent representative organisations of civil society in a balanced representation of economic, social, and environmental stakeholders, including, among others, employers and workers organisations, non-governmental organisations, business groups, as well as other relevant stakeholders.

Article 233. Joint Civil Society Dialogue Forum

1. The Parties shall facilitate a joint forum with civil society organisations established in their territories, including members of their domestic advisory group(s), and the public at large to conduct a dialogue on sustainable development aspects of this Agreement. The Parties shall promote a balanced representation of relevant interests, including independent representative organisations of employers, workers, environmental interests and business groups, as well as other relevant stakeholders, as appropriate.

2. The joint civil society dialogue forum shall be convened once a year unless otherwise agreed by the Parties. The Parties shall agree on the operation of the joint civil society dialogue forum no later than one year after the entry into force of this Agreement.

3. The Parties shall present an update on the implementation of this Chapter to the joint civil society dialogue forum. The views and the opinions of a joint civil society dialogue forum shall be submitted to the Parties and shall be publicly available.

Article 234. Government Consultations

1. For any matter arising under this Chapter the Parties shall only have recourse to the procedures established under this Article and Article 235 of this Agreement.

2. A Party may request consultations with the other Party regarding any matter arising under this Chapter by delivering a written request to the contact point of the other Party. The request shall present the matter clearly, identifying the problem at issue and providing a brief summary of the claims under this Chapter. Consultations shall start promptly after a Party delivers a request for consultations.

3. The Parties shall make every attempt to arrive at a mutually satisfactory resolution of the matter. The Parties shall take into account the activities of the ILO or relevant multilateral environmental organisations or bodies so as to promote greater cooperation and coherence between the work of the Parties and these organisations. Where relevant, the Parties may seek advice from these organisations or bodies, or any person or body they deem appropriate, in order to fully examine the matter.

4. Ifa Party considers that the matter needs further discussion, that Party may request that the Trade and Sustainable Development Sub-Committee be convened to consider the matter by delivering a written request to the contact point of the other Party. That Sub-Committee shall convene promptly and endeavour to agree on a resolution of the matter.

5. Where appropriate, that Sub-Committee may seek the advice of the domestic advisory group(s) of either or both Party(ies) or other expert assistance.

6. Any resolution reached by the consulting Parties on the matter shall be made publicly available.

  • Article   1 Objectives 1
  • Title   I GENERAL PRINCIPLES 1
  • Article   2 General Principles 1
  • Title   II Strategic Political Dialogue and Reform, Cooperation In the Field of Foreign and Security Policy 1
  • Article   3 Aims of Strategic Political Dialogue 1
  • Article   4 Cooperation on Developing Democratic Institutions 1
  • Article   5 Foreign and Security Policy 1
  • Article   6 Peaceful Conflict Resolution 1
  • Article   7 Serious Crimes of International Concern 1
  • Article   8 Conflict Prevention and Crisis Management 1
  • Article   9 Regional Stability 1
  • Article   10 Weapons of Mass Destruction 1
  • Article   11 Small Arms and Light Weapons and Conventional Arms Exports Control 1
  • Article   12 Fight Against Terrorism 1
  • Title   III Freedom, Security and Justice 1
  • Article   13 Rule of Law and Respect for Human Rights and Fundamental Freedoms 1
  • Article   14 Protection of Personal Data 1
  • Article   15 Cooperation on Migration, Asylum and Border Management 1
  • Article   16 Law Enforcement and Security 1
  • Article   17 Illicit Drugs 1
  • Article   18 Money Laundering and Terrorism Financing 1
  • Article   19 Cooperation In the Fight Against Terrorism 1
  • Article   20 Legal Cooperation 2
  • Title   IV Trade and Trade-related Matters 2
  • Chapter   1 National Treatment and Market Access for Goods 2
  • Section   1 Common Provisions 2
  • Article   21 Objective 2
  • Article   22 Scope and Coverage 2
  • Section   2 Elimination of Customs Duties, Fees and other Charges 2
  • Article   23 Definition of Customs Duties 2
  • Article   24 Classification of Goods 2
  • Article   25 Elimination of Customs Duties on Imports 2
  • Article   26 Anti-circumvention Mechanism for Agricultural Products and Processed Agricultural Products 2
  • Article   27 Standstill 2
  • Article   28 Customs Duties on Exports 2
  • Article   29 Fees and other Charges 2
  • Section   3 Non - Tariff Measures 2
  • Article   30 National Treatment 2
  • Article   31 Import and Export Restrictions 2
  • Section   4 Specific Provisions Related to Goods 2
  • Article   32 General Exceptions 2
  • Section   5 Administrative Cooperation and Coordination with other Countries 2
  • Article   33 Temporary Withdrawal of Preferences 2
  • Article   34 Management of Administrative Errors 2
  • Article   35 Agreements with other Countries 2
  • Chapter   2 Trade Remedies 2
  • Section   1 Global Safeguard Measures 2
  • Article   36 General Provisions 2
  • Article   37 Transparency 2
  • Article   38 Application of Measures 2
  • Section   2 Anti-dumping and Countervailing Measures 2
  • Article   39 General Provisions 2
  • Article   40 Transparency 2
  • Article   41 Consideration of Public Interest 2
  • Article   42 Lesser Duty Rule 2
  • Chapter   3 Technical Barriers to Trade, Standardisation, Metrology, Accreditation and Conformity Assessment 2
  • Article   43 Scope and Definitions 2
  • Article   44 Affirmation of the TBT Agreement 2
  • Article   45 Technical Cooperation 2
  • Article   46 Technical Regulations, Standards, and Conformity Assessment 2
  • Article   47 Agreement on Conformity Assessment and Acceptance of Industrial Products 2
  • Article   48 Marking and Labelling 2
  • Chapter   4 Sanitary and Phytosanitary Measures 2
  • Article   49 Objective 2
  • Article   50 Multilateral Obligations 2
  • Article   51 Scope 2
  • Article   52 Definitions 2
  • Article   53 Competent Authorities 3
  • Article   54 Recognition for Trade Purposes of Animal Health and Pest Status and Regional Conditions 3
  • Article   55 Recognition of Equivalence 3
  • Article   56 Transparency and Exchange of Information 3
  • Article   57 Notification, Consultation and Facilitation of Communication 3
  • Article   58 Trade Conditions 3
  • Article   59 Certification Procedure 3
  • Article   60 Verification 3
  • Article   61 Import Checks and Inspection Fees 3
  • Article   62 Safeguard Measures 3
  • Article   63 Sanitary and Phytosanitary Sub-Committee 3
  • Chapter   5 Customs and Trade Facilitation 3
  • Article   64 Objectives 3
  • Article   65 Legislation and Procedures 3
  • Article   66 Relations with the Business Community 4
  • Article   67 Fees and Charges 4
  • Article   68 Customs Valuation 4
  • Article   69 Customs Cooperation 4
  • Article   70 Mutual Administrative Assistance In Customs Matters 4
  • Article   71 Technical Assistance and Capacity Building 4
  • Article   72 Customs Sub-Committee 4
  • Chapter   6 Establishment, Trade In Services and Electronic Commerce 4
  • Section   1 General Provisions 4
  • Article   73 Objective, Scope and Coverage 4
  • Article   74 Definitions 4
  • Section   2 Establishment 4
  • Article   75 Scope 4
  • Article   76 National Treatment and Most Favoured Nation Treatment 4
  • Article   77 Review 4
  • Article   78 Other Agreements 4
  • Article   79 Standard of Treatment for Branches and Representative Offices 4
  • Section   3 Cross-border Supply of Services 4
  • Article   80 Scope 4
  • Article   81 Market Access 4
  • Article   82 National Treatment 5
  • Article   83 Lists of Commitments 5
  • Article   84 Review 5
  • Section   4 Temporary Presence of Natural Persons for Business Purposes 5
  • Article   85 Scope and Definitions 5
  • Article   86 Key Personnel and Graduate Trainees 5
  • Article   87 Business Sellers 5
  • Article   88 Contractual Service Suppliers 5
  • Article   89 Independent Professionals 5
  • Section   5 Regulatory Framework 5
  • Subsection   1 Domestic Regulation 5
  • Article   90 Scope and Definitions 5
  • Article   91 Conditions for Licencing and Qualification 5
  • Article   92 Licencing and Qualification Procedures 5
  • Subsection   2 Provisions of General Application 5
  • Article   93 Mutual Recognition 5
  • Article   94 Transparency and Disclosure of Confidential Information 5
  • Subsection   3 Computer Services 5
  • Article   95 Understanding on Computer Services 5
  • Subsection   4 Postal and Courier Services 5
  • Article   96 Scope and Definitions 5
  • Article   97 Universal Service 5
  • Article   98 Licences 5
  • Article   99 Independence of the Regulatory Body 5
  • Subsection   5 Electronic Communication Networks and Services 5
  • Article   100 Scope and Definitions 5
  • Article   101 Regulatory Authority 6
  • Article   102 Authorisation to Provide Electronic Communication Services 6
  • Article   103 Access and Interconnection 6
  • Article   104 Scarce Resources 6
  • Article   105 Universal Service 6
  • Article   106 Cross-border Provision of Electronic Communication Services 6
  • Article   107 Confidentiality of Information 6
  • Article   108 Disputes between Services Suppliers 6
  • Subsection   6 Financial Services 6
  • Article   109 Scope and Definitions 6
  • Article   110 Prudential Carve-out 6
  • Article   111 Effective and Transparent Regulation 6
  • Article   112 New Financial Services 6
  • Article   113 Data Processing 6
  • Article   114 Specific Exceptions 6
  • Article   115 Self-regulatory Organisations 6
  • Article   116 Clearing and Payment Systems 6
  • Article   117 International Standards 6
  • Subsection   7 Transport Services 6
  • Article   118 Scope 6
  • Article   119 International Maritime Transport 6
  • Article   120 Air Transport 6
  • Section   6 Electronic Commerce 7
  • Subsection   1 General Provisions 7
  • Article   121 Objective and Principles 7
  • Article   122 Cooperation In Electronic Commerce 7
  • Subsection   2 Liability of Intermediary Service Providers 7
  • Article   123 Use of Intermediaries' Services 7
  • Article   124 Liability of Intermediary Service Providers: "mere Conduit" 7
  • Article   125 Liability of Intermediary Service Providers: "caching" 7
  • Article   126 Liability of Intermediary Service Providers: "hosting" 7
  • Article   127 No General Obligation to Monitor 7
  • Section   7 Exceptions 7
  • Article   128 General Exceptions 7
  • Article   129 Recognition and Taxation Measures 7
  • Article   130 Security Exceptions 7
  • Chapter   7 Current Payments and Movement of Capital 7
  • Article   131 Current Payments 7
  • Article   132 Capital Movements 7
  • Article   133 Safeguard Measures 7
  • Article   134 Facilitation and Evolution Provisions 7
  • Chapter   8 Public Procurement 7
  • Article   135 Objectives 7
  • Article   136 Scope 7
  • Article   137 Institutional Background 7
  • Article   138 Basic Standards Regulating the Award of Contracts 7
  • Article   139 Market Access 7
  • Article   140 Information 7
  • Article   141 Cooperation 7
  • Chapter   9 Intellectual Property Rights 7
  • Section   1 General Provisions 7
  • Article   142 Objectives 7
  • Article   143 Nature and Scope of Obligations 7
  • Article   144 Exhaustion 7
  • Section   2 Standards Concerning Intellectual Property Rights 8
  • Subsection   1 Copyright and Related Rights 8
  • Article   145 Protection Granted 8
  • Article   146 Authors 8
  • Article   147 Performers 8
  • Article   148 Producers of Phonograms 8
  • Article   149 Broadcasting Organisations 8
  • Article   150 Broadcasting and Communication to the Public 8
  • Article   151 Term of Protection 8
  • Article   152 Protection of Technological Measures 8
  • Article   153 Protection of Rights Management Information 8
  • Article   154 Exceptions and Limitations 8
  • Article   155 Artists' Resale Right In Works of Art 8
  • Article   156 Cooperation on Collective Management of Rights 8
  • Subsection   2 Trademarks 8
  • Article   157 International Agreements 8
  • Article   158 Registration Procedure 8
  • Article   159 Well-known Trademarks 8
  • Article   160 Exceptions to the Rights Conferred by a Trademark 8
  • Subsection   3 Geographical Indications 8
  • Article   161 Scope 8
  • Article   162 Established Geographical Indications 8
  • Article   163 Addition of New Geographical Indications 8
  • Article   164 Scope of Protection of Geographical Indications 8
  • Article   165 Protection of Transcription of Geographical Indications 8
  • Article   166 Right of Use of Geographical Indications 8
  • Article   167 Enforcement of Protection 8
  • Article   168 Relationship with Trademarks 8
  • Article   169 General Rules 8
  • Article   170 Cooperation and Transparency 8
  • Article   171 Geographical Indications Sub-Committee 8
  • Subsection   4 Designs 8
  • Article   172 International Agreements 8
  • Article   173 Protection of Registered Designs 8
  • Article   174 Exceptions and Exclusions 9
  • Article   175 Relationship to Copyright 9
  • Subsection   5 Patents 9
  • Article   176 International Agreements 9
  • Article   177 Patents and Public Health 9
  • Article   178 Supplementary Protection Certificate 9
  • Article   179 Protection of Data Submitted to Obtain a Marketing Authorisation for Medicinal Products  (1) 9
  • Article   180 Protection of Data to Obtain a Marketing Authorisation for Plant Protection Products 9
  • Article   181 Plant Varieties 9
  • Section   3 Enforcement of Intellectual Property Rights 9
  • Article   182 General Obligations 9
  • Article   183 Entitled Applicants 9
  • Subsection   1 Civil Enforcement 9
  • Article   184 Measures for Preserving Evidence 9
  • Article   185 Right of Information 9
  • Article   186 Provisional Measures 9
  • Article   187 Measures Resulting from a Decision on the Merits of the Case 9
  • Article   188 Damages 9
  • Article   189 Legal Costs 9
  • Article   190 Publication of Judicial Decisions 9
  • Article   191 Presumption of Authorship or Ownership 9
  • Subsection   2 Other Provisions 9
  • Article   192 Border Measures 9
  • Article   193 Codes of Conduct 9
  • Article   194 Cooperation 9
  • Chapter   10 Competition 9
  • Article   195 Principles 9
  • Article   196 Antitrust and Mergers Legislation and Its Implementation 9
  • Article   197 State Monopolies, State Enterprises and Enterprises Entrusted with Special or Exclusive Rights 9
  • Article   198 Subsidies 9
  • Article   199 Dispute Settlement 9
  • Article   200 Relationship with the WTO 9
  • Article   201 Confidentiality 9
  • Chapter   11 Trade-related Energy Provisions 9
  • Article   202 Definitions 9
  • Article   203 Transit 9
  • Article   204 Unauthorised Taking of Goods In Transit 9
  • Article   205 Uninterrupted Transit 9
  • Article   206 Transit Obligation for Operators 9
  • Article   207 Regulatory Authorities 10
  • Article   208 Organisation of Markets 10
  • Article   209 Access to Energy Transport Facilities 10
  • Article   210 Relationship with the Energy Community Treaty 10
  • Chapter   12 Transparency 10
  • Article   211 Definitions 10
  • Article   212 Objective 10
  • Article   213 Publication 10
  • Article   214 Enquiries and Contact Points 10
  • Article   215 Administration of Measures of General Application 10
  • Article   216 Review and Appeal 10
  • Article   217 Regulatory Quality and Performance and Good Administrative Behaviour 10
  • Article   218 Specific Rules 10
  • Chapter   13 Trade and Sustainable Development 10
  • Article   219 Context and Objectives 10
  • Article   220 Right to Regulate and Levels of Protection 10
  • Article   221 Multilateral Labour Standards and Agreements 10
  • Article   222 Multilateral Environmental Governance and Agreements 10
  • Article   223 Trade and Investment Promoting Sustainable Development 10
  • Article   224 Biological Diversity 10
  • Article   225 Sustainable Management of Forests and Trade In Forest Products 10
  • Article   226 Trade In Fish Products 10
  • Article   227 Upholding Levels of Protection 10
  • Article   228 Scientific Information 10
  • Article   229 Transparency 10
  • Article   230 Review of Sustainability Impacts 10
  • Article   231 Working Together on Trade and Sustainable Development 10
  • Article   232 Institutional Set-up and Overseeing Mechanisms 10
  • Article   233 Joint Civil Society Dialogue Forum 10
  • Article   234 Government Consultations 10
  • Article   235 Panel of Experts 11
  • Chapter   14 Dispute Settlement 11
  • Section   1 Objective and Scope 11
  • Article   236 Objective 11
  • Article   237 Scope of Application 11
  • Section   2 Consultations and Mediation 11
  • Article   238 Consultations 11
  • Article   239 Mediation 11
  • Section   3 Dispute Settlement Procedures 11
  • Subsection   1 Arbitration Procedure 11
  • Article   240 Initiation of the Arbitration Procedure 11
  • Article   241 Establishment of the Arbitration Panel 11
  • Article   242 Preliminary Ruling on Urgency 11
  • Article   243 Arbitration Panel Report 11
  • Article   244 Conciliation for Urgent Energy Disputes 11
  • Article   245 Notification of the Ruling of the Arbitration Panel 11
  • Subsection   2 Compliance 11
  • Article   246 Compliance with the Arbitration Panel Ruling 11
  • Article   247 Reasonable Period of Time for Compliance 11
  • Article   248 Review of Any Measure Taken to Comply with the Arbitration Panel Ruling 11
  • Article   249 Temporary Remedies In Case of Non-compliance 11
  • Article   250 Remedies for Urgent Energy Disputes 11
  • Article   251 Review of Any Measure Taken to Comply after the Adoption of Temporary Remedies for Non-compliance 11
  • Article   252 Replacement of Arbitrators 11
  • Subsection   3 Common Provisions 11
  • Article   253 Suspension and Termination of Arbitration and Compliance Procedures 11
  • Article   254 Mutually Agreed Solution 11
  • Article   255 Rules of Procedure 11
  • Article   256 Information and Technical Advice 11
  • Article   257 Rules of Interpretation 11
  • Article   258 Decisions and Rulings of the Arbitration Panel 11
  • Section   4 General Provisions 11
  • Article   259 Lists of Arbitrators 11
  • Article   260 Relation with WTO Obligations 11
  • Article   261 Time-limits 11
  • Title   V Economic Cooperation 11
  • Chapter   1 Economic Dialogue 11
  • Article   262 11
  • Article   263 11
  • Chapter   2 Management of Public Finances and Financial Control 11
  • Article   264 11
  • Chapter   3 Taxation 11
  • Article   265 11
  • Article   266 11
  • Article   267 11
  • Article   268 11
  • Article   269 11
  • Chapter   4 Statistics 11
  • Article   270 11
  • Article   271 12
  • Article   272 12
  • Article   273 12
  • Article   274 12
  • Title   VI Other Cooperation Policies 12
  • Chapter   1 Transport 12
  • Article   275 12
  • Article   276 12
  • Article   277 12
  • Article   278 12
  • Chapter   2 Energy Cooperation 12
  • Article   279 12
  • Article   280 12
  • Article   281 12
  • Chapter   3 Environment 12
  • Article   282 12
  • Article   283 12
  • Article   284 12
  • Article   285 12
  • Article   286 12
  • Chapter   4 Climate Action 12
  • Article   287 12
  • Article   288 12
  • Article   289 12
  • Article   290 12
  • Article   291 12
  • Chapter   5 Industrial and Enterprise Policy, Innovation and Mining 12
  • Article   292 12
  • Article   293 12
  • Article   294 12
  • Chapter   6 Company Law, Accounting and Auditing and Corporate Governance 12
  • Article   295 12
  • Article   296 12
  • Article   297 12
  • Chapter   7 Financial Services 12
  • Article   298 12
  • Article   299 12
  • Article   300 12
  • Article   301 12
  • Chapter   8 Cooperation In the Field of Information Society 12
  • Article   302 12
  • Article   303 12
  • Article   304 12
  • Chapter   9 Tourism 12
  • Article   305 13
  • Article   306 13
  • Article   307 13
  • Article   308 13
  • Chapter   10 Agriculture and Rural Development 13
  • Article   309 13
  • Article   310 13
  • Article   311 13
  • Chapter   11 Fisheries and Maritime Governance 13
  • Section   1 Fisheries Policy 13
  • Article   312 13
  • Article   313 13
  • Article   314 13
  • Section   2 Maritime Policy 13
  • Article   315 13
  • Article   316 13
  • Article   317 13
  • Chapter   12 Cooperation In Research, Technological Development and Demonstration 13
  • Article   318 13
  • Article   319 13
  • Chapter   13 Consumer Policy 13
  • Article   320 13
  • Article   321 13
  • Chapter   14 Employment, Social Policy and Equal Opportunities 13
  • Article   322 13
  • Article   323 13
  • Article   324 13
  • Article   325 13
  • Article   326 13
  • Article   327 13
  • Chapter   15 Public Health 13
  • Article   328 13
  • Article   329 13
  • Chapter   16 Education, Training and Youth 13
  • Article   330 13
  • Article   331 13
  • Article   332 13
  • Chapter   17 Cooperation In the Cultural Field 13
  • Article   333 13
  • Article   334 13
  • Chapter   18 Cooperation In the Audiovisual and Media Fields 13
  • Article   335 13
  • Article   336 13
  • Article   337 14
  • Article   338 14
  • Chapter   19 Cooperation In the Field of Sport and Physical Activity 14
  • Article   339 14
  • Chapter   20 Civil Society Cooperation 14
  • Article   340 14
  • Article   341 14
  • Article   342 14
  • Chapter   21 Regional Development and Regional Level Cooperation 14
  • Article   343 14
  • Article   344 14
  • Chapter   22 Civil Protection 14
  • Article   345 14
  • Article   346 14
  • Article   347 14
  • Article   348 14
  • Title   VII Financial Assistance, and Anti-fraud and Control Provisions 14
  • Chapter   1 Financial Assistance 14
  • Article   349 14
  • Article   350 14
  • Article   351 14
  • Title   VII Institutional, General, and Final Provisions 14
  • Chapter   1 Institutional Framework 14
  • Article   352 14
  • Article   353 Strategic Partnership and Cooperation Forum 14
  • Article   354 14
  • Article   355 14
  • Chapter   2 General and Final Provisions 14
  • Article   356 Access to Courts and Administrative Organs 14
  • Article   357 Security Exceptions 14
  • Article   358 Non-discrimination 14
  • Article   359 Fulfilment of Obligations 14
  • Article   360 Dispute Settlement 14
  • Article   361 Appropriate Measures In Case of Non-fulfilment of Obligations 14
  • Article   362 14
  • Article   363 Annexes and Protocols 14
  • Article   364 Duration 14
  • Article   365 Territorial Application 14
  • Article   366 Entry Into Force and Provisional Application 14
  • Article   367 Reference to EU Law 14
  • Article   368 Authentic Texts 14
  • 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 14
  • Annex XI-A  LIST OF RESERVATIONS ON ESTABLISHMENT (United Kingdom) 15
  • Annex XI-E  LIST OF RESERVATIONS ON ESTABLISHMENT (GEORGIA)  (1) 15
  • Annex XV  MEDIATION MECHANISM 15
  • I Objective 15
  • Section   1 PROCEDURE UNDER THE MEDIATION MECHANISM 15
  • 2 Request for Information 15
  • 3 Initiation of the Procedure 15
  • 4 Selection of the Mediator 15
  • 5 Rules of the Mediation Procedure 15
  • Section   2 IMPLEMENTATION 15
  • 6 Implementation of a Mutually Agreed Solution 15
  • Section   3 GENERAL PROVISIONS 15
  • 7 Confidentiality and Relationship to Dispute Settlement 15
  • 8 Time-limits 15
  • 9 Costs 15
  • Annex XVI  RULES OF PROCEDURE FOR DISPUTE SETTLEMENT 15
  • Annex XVII  CODE OF CONDUCT FOR ARBITRATORS AND MEDIATORS 16