Georgia - United Kingdom Strategic Partnership and Cooperation Agreement (2019)
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The Parties may concentrate their cooperation on a number of fields:

(a) dialogue on audio-visual and media policies;

(b) dialogue in international fora (such as UNESCO and the WTO); and

(c) audio-visual and media cooperation including cooperation in the field of cinema.

Article 338.

The Parties will facilitate cooperation between national regulatory authorities in the field of broadcasting of Georgia and the UK.

Chapter 19. Cooperation In the Field of Sport and Physical Activity

Article 339.

The Parties shall promote cooperation in the field of sport and physical activity through the exchange of information and good practices in order to promote a healthy lifestyle and the social and educational values of sport, mobility in sport and in order to fight global threats to sport such as doping, racism and violence.

Chapter 20. Civil Society Cooperation

Article 340.

The Parties may enhance a dialogue on civil society cooperation, with the following objectives:

(a) to strengthen contacts and exchange of information and experience between all sectors of civil society in the UK and in Georgia;

(b) to ensure a better knowledge and understanding of each other's policies and values, as well as history and culture in their respective countries and in particular among civil society organisations based in the parties territories, thus allowing fora better awareness of opportunities and challenges for future relations.

Article 341.

The Parties shall promote dialogue and cooperation between civil society stakeholders from both sides as an integral part of the relations between the UK and Georgia. The aims of such a dialogue and such cooperation are:

(a) to ensure involvement of civil society in UK-Georgia relations, in particular in the implementation of the provisions of this Agreement;

(b) to enhance civil society participation in the public decision-making process, particularly by maintaining an open, transparent and regular dialogue between the public institutions and representative associations and civil society;

(c) to facilitate an enabling environment for institution-building and development of civil society organisations in various ways, including inter alia advocacy support, informal and formal networking, mutual visits and workshops enabling legal framework for civil society, and

(d) to enable civil society representatives from each side to become acquainted with the processes of consultation and dialogue between civil society, including social partners, and public authorities in particular with a view to strengthen civil society in the public policy-making process.

Article 342.

A regular dialogue may take place between the Parties on the issues covered by this Chapter.

Chapter 21. Regional Development and Regional Level Cooperation

Article 343.

The Parties shall promote mutual understanding, and bilateral cooperation in the field of regional and local development policy, with the objective of establishing channels of communication and enhancing exchange of information and experience between national and local authorities, socio-economic actors and civil society, including promoting regional economic and business networks and supportive institutions.

Article 344.

The Parties shall, intensify cooperation between their regions, as well as between local level authorities and to promote their economic and institutional development by implementing projects of common interest.

Chapter 22. Civil Protection

Article 345.

The Parties shall develop and strengthen their cooperation on natural and man-made disasters. Cooperation shall be conducted considering the interests of the Parties on the basis of equality and mutual benefit, as well as taking into account the interdependence existing between the Parties and multilateral activities in the field.

Article 346.

Cooperation shall aim at improving the prevention of, preparation for and response to natural and man-made disasters.

Article 347.

The Parties shall, inter alia, exchange information and expertise and implement joint activities on bilateral basis and/or within the framework of multilateral programmes. Cooperation can take place, inter alia, through the implementation of specific agreements and/or administrative arrangements in this field concluded between the Parties.

Article 348.

The cooperation may cover the following objectives:

(a) to exchange and regularly update contact details in order to ensure continuity of dialogue and in order to be able to contact each other on a 24-hour basis;

(b) facilitating mutual assistance in case of major emergencies, as appropriate and subject to the availability of sufficient resources;

(c) exchanging early warnings, including requests for and offers of assistance;

(d) exchanging information on the provision of assistance by the Parties to third countries for emergencies;

(e) cooperating on Host Nation Support when requesting/providing assistance;

(f) exchange of best practices and guidelines in the field of disaster prevention, preparedness and response;

(g) cooperating on Disaster Risk Reduction by addressing, inter alia, institutional linkages and advocacy; information, education and communication; and best practices aiming at preventing or mitigating the impact of natural hazards;

(h) cooperating on improving the knowledge base on disasters and on hazard and risk assessment for disaster management;

(i) cooperating on the assessment of the environmental and public health impact of disasters;

(j) inviting experts to specific technical workshops and symposia on civil protection issues;

(k) inviting, on a case-by-case basis, observers to specific exercises and trainings organised by the UK and/or Georgia; and

(l) strengthening cooperation on the most effective use of available civil protection capabilities.

Title VII. Financial Assistance, and Anti-fraud and Control Provisions

Chapter 1. Financial Assistance

Article 349.

1. Georgia may benefit from financial assistance to contribute to achieving the objectives of this Agreement, if agreed by both Parties. Any financial assistance will be provided in accordance with the following Articles of this Agreement.

2. Financial assistance covers a range of forms of such assistance and means by which it may occur, including assistance provided through multilateral and regional organisations.

Article 350.

In order to make the best use of the resources available, the Parties shall endeavour to implement any assistance in close cooperation and coordination with other donor countries, donor organisations and international financial institutions, and in line with international principles of aid effectiveness.

Article 351.

The Parties shall implement any assistance in accordance with the principles of sound financial management and shall cooperate in protecting the financial interests of the UK and of Georgia. The Parties shall take effective measures to prevent and fight fraud, corruption and any other illegal activities, inter alia by means of mutual administrative assistance and mutual legal assistance in the fields covered by this Agreement.

Title VII. Institutional, General, and Final Provisions

Chapter 1. Institutional Framework

Article 352.

The Parties shall hold a regular Strategic Partnership and Cooperation Forum, currently titled as the Wardrop Strategic Dialogue, in the configuration, and at the level and frequency agreed by mutual consent.

Article 353. Strategic Partnership and Cooperation Forum

1. The Strategic Partnership and Cooperation Forum established by Article 352 shall supervise and monitor the application and implementation of this Agreement and periodically review the functioning of this Agreement in the light of its objectives.

2. In addition to supervising and monitoring the application and implementation of this Agreement, the Strategic Partnership and Cooperation Forum shall examine any major issues arising within the framework of this Agreement, and any other bilateral or international issues of mutual interest.

Article 354.

1. The Strategic Partnership and Cooperation Forum shall consist of the representatives of the Parties, at the level agreed by the Parties.

2. The Strategic Partnership and Cooperation Forum shall establish its own rules of procedure, and shall adopt any decisions by consensus.

3. Notwithstanding Article 352, the Strategic Partnership and Cooperation Forum shall meet in a specific configuration to address all issues related to Title IV (Trade and Trade-related Matters) of this Agreement. The Strategic Partnership and Cooperation Forum shall meet in that configuration at least once a year. The Parties may establish specific rules of procedure for the Strategic Partnership and Cooperation Forum in this configuration.

4. The sub-committees established under Title IV (Trade and Trade-related Matters) of this Agreement shall inform the Strategic Partnership and Cooperation Forum in Trade configuration, as set out in paragraph 3, of the date and agenda of their meetings sufficiently in advance of their meetings. They shall report on their activities at each regular meeting of the Strategic Partnership and Cooperation Forum in Trade configuration.

5. The existence of any sub-committees established under Title IV (Trade and Trade-related Matters) shall not prevent cither Party from bringing any matter directly to the Strategic Partnership and Cooperation Forum, including in its Trade configuration, as set out in paragraph 3.

6. Nothing in this Agreement shall restrict cooperation between the UK Parliament and the Parliament of Georgia.

7. Upon entry into force of this Agreement, any decisions adopted by the Association Council, Association Committee or any other Committees or sub- committees established by the EU-Georgia Agreement before the EU-Georgia Agreement ceased to apply to the United Kingdom shall, to the extent those decisions relate to the Parties to this Agreement, be deemed to have been adopted, mutatis mutandis and subject to the provisions of this Agreement, by the equivalent body, or sub-committee in this Agreement.

8. The Strategic Partnership and Cooperation Forum shall be chaired in turn by a representative of the UK and a representative of Georgia, unless otherwise agreed by the Parties.

Article 355.

1. For the purpose of attaining the objectives of this Agreement, the Strategic Partnership and Cooperation Forum by agreement between the Parties shall have the power to take decisions within the scope of this Agreement, including in its Trade configuration as set out in Article 354(3). The decisions shall be binding upon the Parties, which shall take appropriate measures, including if necessary action by bodies established under this Agreement, in line with provisions of this Agreement to implement the decisions taken. The Strategic Partnership and Cooperation Forum may also make recommendations.

2. In accordance with paragraph 1 of this Article, the Strategic Partnership and Cooperation Forum shall have the power to update or amend the Annexes to this Agreement, without prejudice to any specific provisions under Title IV (Trade and Trade-related Matters) of this Agreement. Where the Strategic Partnership and Cooperation Forum has agreed to update or amend an Annex to this Agreement, such updates or amendments that are subject to the fulfilment of each Party's domestic legal requirements shall enter into force in accordance with those domestic legal requirements, or, in other cases, in accordance with the decision of the Strategic Partnership and Cooperation Forum.

Chapter 2. General and Final Provisions

Article 356. Access to Courts and Administrative Organs

Within the scope of this Agreement, the Parties undertake to ensure that natural and legal persons of the other Party have access free of discrimination in relation to its own nationals to the competent courts and administrative organs of the Parties to defend their individual rights, including property rights.

Article 357. Security Exceptions

Nothing in this Agreement shall prevent a Party from taking any measures:

(a) which it considers necessary to prevent the disclosure of information contrary to its essential security interests;

(b) which relate to the production of, or trade in, arms, munitions or war materiel or to research, development or production indispensable for defence purposes, provided that such measures do not impair the conditions of competition in respect of products not intended for specifically military purposes;

(c) which it considers essential to its own security, in the event of serious internal disturbances affecting the maintenance of law and order, in time of war or serious international tension constituting threat of war, or in order to carry out obligations it has accepted for the purpose of maintaining peace and international security.

Article 358. Non-discrimination

1. In the fields covered by this Agreement and without prejudice to any special provisions contained therein:

(a) the arrangements applied by Georgia in respect of the UK shall not give rise to any discrimination between nationals, companies or firms of the UK;

(b) the arrangements applied by the UK in respect of Georgia shall not give rise to any discrimination between nationals, companies or firms of Georgia.

2. The provisions of paragraph 1 shall be without prejudice to the right of the Parties to apply the relevant provisions of their fiscal legislation to taxpayers who are not in identical situations as regards their place of residence.

Article 359. Fulfilment of Obligations

1. The Parties shall take any general or specific measures required to fulfil their obligations under this Agreement. They shall ensure that the objectives set out in this Agreement are attained.

2. The Parties agree to consult promptly through appropriate channels at the request of either Party, to discuss any matter concerning the interpretation, implementation or the application in good faith of this Agreement and other relevant aspects of the relations between the Parties.

3. The Parties shall refer to the Strategic Partnership and Cooperation Forum any dispute related to the interpretation, implementation or the application in good faith of this Agreement in accordance with Article 360. The Strategic Partnership and Cooperation Forum may settle a dispute by means of a binding decision.

Article 360. Dispute Settlement

1. When a dispute arises between the Parties concerning the interpretation, implementation or the application in good faith of this Agreement, any Party shall submit to the other Party and the Strategic Partnership and Cooperation Forum a formal request that the matter in dispute be resolved. By way of derogation, disputes concerning the interpretation, implementation or the application in good faith of Title IV (Trade and Trade-related Matters) of this Agreement shall be governed exclusively by Chapter 14 (Dispute Settlement) of that Title.

2. The Parties shall endeavour to resolve the dispute by entering into good faith consultations within the Strategic Partnership and Cooperation Forum created in Article 352 of this Agreement, with the aim of reaching a mutually acceptable solution in the shortest time possible.

3. Notwithstanding the provisions of Article 352 if a Party makes a formal request that a dispute be resolved, the Parties shall meet in the Strategic Partnership and Cooperation Forum within 1 month of that request being made. Without prejudice to other configurations of the Strategic Partnership and Cooperation Forum, the Parties shall provide the Strategic Partnership and Cooperation Forum in this configuration with all information required for a thorough examination of the situation.

4. Notwithstanding the provisions of Article 352, as long as a dispute is not resolved, the Strategic Partnership and Cooperation Forum shall meet at regular intervals to discuss the dispute. A dispute shall be deemed to be resolved when the Strategic Partnership and Cooperation Forum has taken a binding decision to settle the matter as provided for in paragraph 3 of Article 359 of this Agreement, or when it has declared that the dispute is at an end.

5. All information disclosed during the dispute shall remain confidential.

Article 361. Appropriate Measures In Case of Non-fulfilment of Obligations

1. A Party may take appropriate measures, if the matter is not resolved within three months of the date of notification of a formal request for dispute settlement in accordance with Article 360 of this Agreement and if the complaining Party continues to consider that the other Party has failed to fulfil an obligation under this Agreement. The requirement for a three month consultation period may be waived by mutual agreement of the Parties and shall not apply to exceptional cases set out in paragraph 3 of this Article.

2. In the selection of appropriate measures, priority shall be given to those which least disturb the functioning of this Agreement. Except in cases described in paragraph 3 of this Article, such measures may not include the suspension of any rights or obligations provided for under provisions of this Agreement set out in Title IV (Trade and Trade-related Matters). The measures taken under paragraph 1 of this Article shall be notified immediately to the Strategic Partnership and Cooperation Forum and shall be the subject of consultations in accordance with Article 359(2) of this Agreement, and of dispute settlement in accordance with Article 359(3) and Article 360 of this Agreement.

3. The exceptions referred to in paragraphs 1 and 2 of this Article shall concern:

(a) denunciation of this Agreement not sanctioned by the general rules of international law, or

(b) violation by the other Party of any of the essential elements of this Agreement, referred to in Article 2 of Title I (General Principles) of this Agreement.

Article 362.

Amendments Without prejudice to Article 355(2) or any specific provision under Title IV (Trade and Trade-related Matters) of this Agreement, the Parties may agree, in writing, to amend this Agreement. An amendment shall enter into force on the date of receipt of the later of the Parties' notifications that they have completed their internal procedures, or on such date as the Parties may agree.

Article 363. Annexes and Protocols

The Annexes and Protocols to this Agreement shall form an integral part thereof.

Article 364. Duration

1. This Agreement is concluded for an unlimited period.

2. Either Party may denounce this Agreement by notifying the other Party. Subject to Article 366(7), this Agreement shall terminate six months from the date of receipt of such notification.

Article 365. Territorial Application

1. This Agreement shall apply, to the extent that and under the conditions which the EU-Georgia Agreement applied immediately before it ceased to apply to the United Kingdom, on the one hand, to the United Kingdom and the following territories for whose international relations it is responsible: (a) Gibraltar; (b) the Channel Islands and the Isle of Man and, on the other hand, to the territory of Georgia.

2. The application of this Agreement, or of Title IV (Trade and Trade-related Matters) thereof, in relation to Georgia's regions of Abkhazia and Tskhinvali region/South Ossetia over which the Government of Georgia does not exercise effective control, shall commence once Georgia ensures the full implementation and enforcement of this Agreement, or of Title IV (Trade and Trade-related Matters) thereof, respectively, on its entire territory.

3. The Strategic Partnership and Cooperation Forum shall adopt a decision on when the full implementation and enforcement of this Agreement, or of Title IV (Trade and Trade-related Matters) thereof, on the entire territory of Georgia, is ensured.

4. Should a Party consider that the full implementation and enforcement of this Agreement, or of Title IV (Trade and Trade-related Matters) thereof, respectively, is no longer ensured in the regions of Georgia referred to in paragraph 2 of this Article, that Party may request the Strategic Partnership and Cooperation Forum to reconsider the continued application of this Agreement, or of Title IV (Trade and Trade-related Matters) thereof, respectively, in relation to the regions concerned. The Strategic Partnership and Cooperation Forum shall examine the situation and adopt a decision on the continued application of this Agreement, or of Title IV (Trade and Trade-related Matters) thereof, respectively, within three months of the request. If the Strategic Partnership and Cooperation Forum does not adopt a decision within three months of the request, the application of this Agreement, or of Title IV (Trade and Trade-related Matters) thereof, respectively, shall be suspended in relation to the regions concerned until the Strategic Partnership and Cooperation Forum adopts a decision.

5. Decisions of Strategic Partnership and Cooperation Forum under this Article on the application of Title IV (Trade and Trade-related Matters) of this Agreement shall cover the entirety of that Title and cannot only cover parts of that title.

Article 366. Entry Into Force and Provisional Application

1. This Agreement shall be ratified or approved in accordance with each of the Parties’ own internal procedures. Each Party shall notify the other Party of the completion of those procedures.

2. This Agreement shall enter into force on the later of:

(a) the date on which the EU-Georgia Agreement ceases to apply to the United Kingdom, or

(b) The date of receipt of the later of the Parties' notifications that they have completed their internal procedures.

3. Pending entry into force of this Agreement, the Parties may agree to provisionally apply this Agreement in accordance with each of the Parties' own internal legislation and procedures.

4. Where agreed pursuant to Article 366(3), this Agreement shall be applied provisionally between the Parties on the later of:

(a) the date on which the EU-Georgia Agreement ceases to apply to the United Kingdom, or

(b) the date of receipt of the later of the notification of provisional application from the United Kingdom or of the ratification or provisional application from Georgia.

5. Notifications regarding completion of internal procedures under paragraphs 1 and 3 of this Article shall be submitted by the United Kingdom to Georgia's Ministry of Foreign Affairs or its successor and by Georgia to the United Kingdom's Foreign and Commonwealth Office or its successor.

6. If pending the entry into force of this Agreement it is provisionally applied pursuant to paragraphs 3 and 4, unless this instrument provides otherwise, all references in this Agreement to the date of entry into force shall be deemed to refer to the date such provisional application takes effect, to the extent permitted by national legislation.

7. Either Party may give written notification to the other Party of its intention to terminate the provisional application of this Agreement. Notwithstanding Article 364(2), termination of provisional application shall take effect two months after receipt of the notification by the other Party.

Article 367. Reference to EU Law

1 Except as otherwise provided, reference in this Agreement to EU law are to be read as reference to that EU law in force as incorporated or implemented in United Kingdom law as retained EU law on the day after the UK ceases to be bound by the relevant EU law.

2 In this Article "United Kingdom law" includes the law of the territories for whose international relations in the United Kingdom is responsible to whom this Agreement extends, as set out in Paragraph 1 of Article 365.

Article 368. Authentic Texts

This Agreement shall be drawn up in duplicate in the English and Georgian languages, each text being equally authentic.

Conclusion

IN WITNESS WHEREOF the undersigned, duly authorised thereto by their respective Authorities, have signed this Agreement.

Done in duplicate at London on this 21st day of October 2019 in the English and Georgian languages, both texts being equally authoritative.

For the United Kingdom of Great Britain and Northern Ireland:

DOMINIC RAAB

For Georgia: 

DAVID ZALKALIANI

Attachments

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

United Kingdom

1. List of reservations on establishment: Annex XI-A

2. List of commitments on cross-border supply of services: Annex XI-B

3. List of reservations on key personnel, graduate trainees and business sellers: Annex XI-C

4. List of reservations on contractual services suppliers and independent professionals: Annex XI-D

Georgia

  • 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