(a) ensuring the criminalisation of terrorist offences, as appropriate;
(b) exchanging information on terrorist groups and individuals and their support networks, in accordance with international and national law, in particular as regards data protection and the protection of privacy;
(c) exchanging experience in the prevention and suppression of terrorism, means and methods and their technical aspects, as well as on training, in accordance with applicable law;
(d) sharing information on best practices in addressing and countering radicalisation and recruitment, and on promoting rehabilitation;
(e) exchanging views and experience concerning cross-border movement and travel of terrorist suspects as well as concerning terrorist threats in accordance with international and national law;
(f} sharing best practices as regards the protection of human rights in the fight against terrorism, in particular in relation to criminal justice proceedings; and
(g) taking measures against the threat of chemical, biological, radiological and nuclear terrorism and undertaking the measures necessary to prevent the acquisition, transfer and use for terrorist purposes of chemical, biological, radiological and nuclear materials as well as to prevent illegal acts against high risk chemical, biological, radiological and nuclear facilities.
2. Cooperation may consider relevant available assessments, such as those of the relevant bodies of the UN and the Council of Europe and conducted in mutual consultation between the Parties.
Article 20. Legal Cooperation
1. The Parties agree to develop judicial cooperation in civil and commercial matters as regards the negotiation, ratification and implementation of multilateral conventions on civil judicial cooperation and, in particular, the conventions of the Hague Conference on Private International Law.
2. As regards judicial cooperation in criminal matters, the Parties will seck to enhance cooperation on mutual legal assistance on the basis of relevant multilateral agreements. This would include, where appropriate, accession to, and implementation of, the relevant international instruments of the UN, the Council of Europe and other relevant international platforms and closer cooperation with Eurojust, where that is possible.
Title IV. Trade and Trade-related Matters
Chapter 1. National Treatment and Market Access for Goods
Section 1. Common Provisions
Article 21. Objective
The Parties shall establish a free trade area starting from the entry into force of this Agreement, in accordance with the provisions of this Agreement and in conformity with Article XXIV of the General Agreement on Tariffs and Trade 1994 (GATT 1994).
Article 22. Scope and Coverage
1. The provisions of this Chapter shall apply to trade in goods (1) between the Parties.
2. For the purposes of this Chapter, "originating" means qualifying under the rules of origin set out in Protocol I to this Agreement.
Section 2. Elimination of Customs Duties, Fees and other Charges
Article 23. Definition of Customs Duties
For the purposes of this Chapter, a "customs duty" includes any duty or charge of any kind imposed on, or in connection with, the import or export of a good, including any form of surtax or surcharge imposed on or in connection with such import or export. A "customs duty" does not include any:
(a) charge equivalent to an internal tax imposed consistently with Article 30 of this Agreement;
(b) duties imposed consistently with Chapter 2 (Trade Remedies) of Title IV (Trade and Trade-related Matters) of this Agreement;
(c) fees or other charges imposed consistently with Article 29 of this Agreement.
Article 24. Classification of Goods
The classification of goods in trade between the Parties shall be that set out in each Party's respective tariff nomenclature in conformity with the 2012 Harmonised System based on the International Convention on the Harmonised Commodity Description and Coding System of 1983 (HS) and subsequent amendments thereto.
Article 25. Elimination of Customs Duties on Imports
1. The Parties shall eliminate all customs duties on goods originating in the other Party as from the date of entry into force of this Agreement except as provided in paragraphs 2 and 3 of this Article and without prejudice to paragraph 4 of this Article.
2. The products listed in Annex II-A to this Agreement shall be imported into the United Kingdom free of customs duties within the limits of the tariff rate quotas set out in that Annex. The most-favoured-nation (MFN) customs duty rate shall apply to imports exceeding the tariff rate quota limit.
3. The products listed in Annex II-B to this Agreement may be subject to an import duty when imported into the United Kingdom with exemption of the ad valorem component of that import duty.
4. The import of products originating in Georgia listed in Annex II-C to this Agreement shall be subject to the anti- circumvention mechanism set out in Article 26 of this Agreement.
5. At the request of cither Party, the Parties shall consult to consider broadening the scope of the liberalisation of customs duties in the trade between the Parties. A decision under this paragraph shall be made by the Strategic Partnership and Cooperation Forum in Trade configuration, as set out in Article 354(3) of this Agreement.
Article 26. Anti-circumvention Mechanism for Agricultural Products and Processed Agricultural Products
1. The products listed in Annex II-C to this Agreement are subject to the anti- circumvention mechanism set out in this Article. The average annual volume of imports from Georgia into the United Kingdom for each category of those products is provided in Annex II-C to this Agreement.
2. When the volume of imports of one or more categories of products referred to in paragraph 1 reaches 70 % of the volume indicated in Annex II-C to this Agreement in any given year starting on 1 January, the United Kingdom shall notify Georgia about the volume of imports of the product(s) concerned. Following this notification and within 14 calendar days from the date on which the volume of imports of one or more categories of products referred to in paragraph 1 reaches 80 % of the volume indicated in Annex II-C to this Agreement, Georgia shall provide the United Kingdom with a sound justification that Georgia has the capacity to produce the products for export into the United Kingdom in excess of the volumes set out in that Annex. If those imports reach 100% of the volume indicated in Annex II-C to this Agreement, and in the absence of a sound justification by Georgia, the United Kingdom may temporarily suspend the preferential treatment for the products concerned.
The suspension shall be applicable for a period of six months and shall take effect on the date of publication of the decision to suspend preferential treatment. Upon entry into force of this Agreement, the United Kingdom shall provide Georgia with details on the United Kingdom's means of publication. The United Kingdom's means of publication shall be directly accessible by electronic means free of charge through a single point of access on the internet.
3. All temporary suspensions adopted pursuant to paragraph 2 shall be notified by the United Kingdom to Georgia without undue delay.
4. A temporary suspension shall be lifted before the expiry of six months from its entry into force by the United Kingdom if Georgia provides robust and satisfactory evidence within the Strategic Partnership and Cooperation Forum in Trade configuration, as set out in Article 354(3) of this Agreement, that the volume of the relevant category of products imported in excess of the volume referred to in Annex II-C to this Agreement results from a change in the level of production and export capacity of Georgia for the product(s) concerned.
5. Annex II-C to this Agreement may be amended and the volume modified by mutual consent of the United Kingdom and Georgia in the Strategic Partnership and Cooperation Forum in Trade configuration at the request of Georgia, in order to reflect changes in the level of production and export capacity of Georgia for the product(s) concerned.
Article 27. Standstill
Neither Party may adopt any new customs duty, on a good originating in the other Party or may increase any customs duty applied on the date of entry into force of this Agreement. This shall not preclude that cither Party may maintain or increase a customs duty as authorised by the Dispute Settlement Body (DSB) of the WTO.
Article 28. Customs Duties on Exports
Neither Party shall adopt or maintain any customs duty or tax, other than internal charges applied in conformity with Article 29 of this Agreement, on, or in connection with, the export of goods to the territory of the other Party.
Article 29. Fees and other Charges
Each Party shall ensure, in accordance with Article VII of GATT 1994 and the interpretative notes thereon, that all fees and charges of whatever character other than customs duties or other measures referred to in Article 25 of this Agreement, imposed on, or in connection with, the import or export of goods are limited in amount to the approximate cost of services rendered and do not represent an indirect protection to domestic goods or a taxation of imports or exports for fiscal purposes.
Section 3. Non - Tariff Measures
Article 30. National Treatment
Each Party shall accord national treatment to the goods of the other Party in accordance with Article II of GATT 1994, including the interpretative notes thereon. To that end, Article II of GATT 1994 and the interpretative notes thereon are incorporated into this Agreement and made an integral part thereof.
Article 31. Import and Export Restrictions
Neither Party shall adopt or maintain any prohibition or restriction on the import of any good of the other Party or on the export or sale for export of any good destined for the territory of the other Party, except as otherwise provided in this Agreement or in accordance with Article XI of GATT 1994 and the interpretative notes thereon. To that end, Article XI of GATT 1994 and the interpretative notes thereon are incorporated into this Agreement and made an integral part thereof.
Section 4. Specific Provisions Related to Goods
Article 32. General Exceptions
Nothing in this Chapter shall be construed to prevent the adoption or enforcement by any Party of measures in accordance with Articles XX and XXI of GATT 1994 and any relevant interpretative notes to those Articles under GATT 1994, which are hereby incorporated into this Agreement and made an integral part thereof.
Section 5. Administrative Cooperation and Coordination with other Countries
Article 33. Temporary Withdrawal of Preferences
1. The Parties agree that administrative cooperation and assistance is essential for the implementation and the control of preferential tariff treatment granted under this Chapter and underline their commitment to combat irregularities and fraud in customs and related matters.
2. Where a Party has made a finding, on the basis of objective information, of a failure of the other Party to provide administrative cooperation or assistance and/or of irregularities or fraud under this Chapter, the Party concerned may temporarily suspend the relevant preferential treatment of the product(s) concerned in accordance with this Article.
3. For the purposes of this Article, a failure to provide administrative cooperation or assistance shall mean, inter alia:
(a) a repeated failure to respect the obligations to verify the originating status of the good(s) concerned;
(b) a repeated refusal or undue delay in carrying out and/or communicating the results of subsequent verification of the proof of origin;
(c) arepeated refusal or undue delay in obtaining authorisation to conduct enquiry visits to determine the authenticity of documents or accuracy of information relevant to the granting of the preferential treatment in question.
4. For the purposes of this Article, a finding of irregularities or fraud may be made, inter alia, where there is a rapid increase, without satisfactory explanation, in the volume of imports of goods exceeding the usual level of production and export capacity of the other Party that is linked to objective information concerning irregularities or fraud.
5. The application of a temporary suspension shall be subject to the following conditions:
(a) the Party which has made a finding, on the basis of objective information, ofa failure to provide administrative cooperation or assistance and/or of irregularities or fraud from the other Party, shall without undue delay notify the Strategic Partnership and Cooperation Forum in Trade configuration, as set out in Article 354(3) of this Agreement, of its finding together with the objective information and enter into consultations within the Strategic Partnership and Cooperation Forum, on the basis of all relevant information and objective findings, with a view to reaching a solution acceptable to both Parties;
(b) where the Parties have entered into consultations within the Strategic Partnership and Cooperation Forum in Trade configuration and have failed to agree on an acceptable solution within three months following the notification, the Party concerned may temporarily suspend the relevant preferential treatment of the good(s) concerned. A temporary suspension shall be notified to the Strategic Partnership and Cooperation Forum in Trade configuration without undue delay;
(c) temporary suspensions under this Article shall be limited to that necessary to protect the financial interests of the Party concerned. They shall not exceed a period of six months, which may be renewed, if at the date of expiry nothing has changed with respect to the condition that gave rise to the initial suspension. They shall be subject to periodic consultations within the Strategic Partnership and Cooperation Forum in Trade configuration, in particular with a view to their termination as soon as the conditions for their application no longer apply.
6. Each Party shall publish in accordance with its internal procedures, notices to importers concerning any: notification referred to in paragraph 5(a); decision referred to in paragraph 5(b); and extension or termination referred to in paragraph 5(c).
Article 34. Management of Administrative Errors
In case of an error by the competent authorities in the proper management of the preferential system at export, and in particular in the application of the provisions of Protocol I to this Agreement concerning the definition of originating products and methods of administrative cooperation, where this error leads to consequences in terms of import duties, the Party facing such consequences may request the Strategic Partnership and Cooperation Forum in Trade configuration, as set out in Article 354(3) of this Agreement, to examine the possibilities of adopting all appropriate measures with a view to resolving the situation.
Article 35. Agreements with other Countries
1. This Agreement shall not preclude the maintenance or establishment of customs unions, free trade areas or arrangements for frontier traffic except in so faras they conflict with trade arrangements provided for in this Agreement.
2. Consultations between the Parties shall take place within the Strategic Partnership and Cooperation Forum in Trade configuration, as set out in Article 354(3) of this Agreement, at the request of either Party, concerning agreements establishing customs unions, free trade areas or arrangements for frontier traffic and on other major issues related to their respective trade policy with third countries.
Chapter 2. Trade Remedies
Section 1. Global Safeguard Measures
Article 36. General Provisions
1. The Parties confirm their rights and obligations under Article XIX of GATT 1994 and the Agreement on Safeguards contained in Annex 1A to the WTO Agreement ("Agreement on Safeguards") and Article 5 of the Agreement on Agriculture, contained in Annex 1A to the WTO Agreement ("Agreement on Agriculture").
2. The preferential rules of origin established under Chapter 1 (National Treatment and Market Access for Goods) of Title IV (Trade and Trade-related Matters) of this Agreement shall not apply to this Section.
3. The provisions of this Section shall not be subject to Chapter 14 (Dispute Settlement) of Title IV (Trade and Trade-related Matters) of this Agreement.
Article 37. Transparency
1. The Party initiating a safeguard investigation shall notify the other Party of such initiation provided the latter has a substantial economic interest.
2. Notwithstanding Article 36 of this Agreement, at the request of the other Party, the Party initiating a safeguard investigation and intending to apply safeguard measures shall provide immediately ad hoc written notification of all the pertinent information leading to the initiation of a safeguard investigation and the imposition of safeguard measures, including, where relevant, information on the initiation of a safeguard investigation, on the provisional findings and on the final findings of the investigation, as well as offer the possibility for consultations to the other Party.
3. For the purposes of this Article, a Party shall be considered as having a substantial economic interest when it is among the five largest suppliers of the imported product during the most recent three-year period of time, measured in terms of either absolute volume or value.
Article 38. Application of Measures
1. When imposing safeguard measures, the Parties shall endeavour to impose them in a way that affects their bilateral trade the least.
2. For the purposes of paragraph 1 of this Article, if a Party considers that the legal requirements for the imposition of definitive safeguard measures are met and intends to apply such measures, that Party shall notify the other Party and give the latter the possibility to hold bilateral consultations. If no satisfactory solution has been reached within 30 days of the notification, the importing Party may adopt the appropriate measures to remedy the problem.
Section 2. Anti-dumping and Countervailing Measures
Article 39. General Provisions
1. The Parties confirm their rights and obligations under Article VI of GATT 1994, the Agreement on Implementation of Article VI of GATT 1994, contained in Annex 1A to the WTO Agreement ("Anti-Dumping Agreement") and the Agreement on Subsidies and Countervailing Measures, contained in Annex 1A to the WTO Agreement ("SCM Agreement").
2. The preferential rules of origin established under Chapter 1 (National Treatment and Market Access for Goods) of Title IV (Trade and Trade-related Matters) of this Agreement shall not apply to this Section.
3. The provisions of this Section shall not be subject to Chapter 14 (Dispute Settlement) of Title IV (Trade and Trade-related Matters) of this Agreement.
Article 40. Transparency
1. The Parties agree that anti-dumping and countervailing measures should be used in full compliance with the requirements of the Anti-Dumping Agreement and the SCM Agreement, respectively, and should be based on a fair and transparent system.
2. The Parties shall ensure, immediately after the imposition of provisional measures and before the final deter-mination is made, full and meaningful disclosure ofall essential facts and considerations which form the basis for the decision to apply measures, without prejudice to Article 6.5 of the Anti-Dumping Agreement and Article 12.4 of the SCM Agreement. Disclosures shall be made in writing and allow interested parties sufficient time to make their comments.
3. Provided it does not unnecessarily delay the conduct of the investigation, each interested Party shall be granted the possibility to be heard in order to express their views during anti-dumping and anti-subsidy investigations.
Article 41. Consideration of Public Interest
Anti-dumping or countervailing measures may not be applied by a Party where, on the basis of the information made available during the investigation, it can clearly be concluded that it is not in the public interest to apply such measures. The public interest determination shall be based on an appreciation of all the various interests taken as a whole, including the interests of the domestic industry, users, consumers and importers to the extent that they have provided relevant information to the investigating authorities.
Article 42. Lesser Duty Rule
Should a Party decide to impose a provisional or a definitive anti-dumping or a countervailing duty, the amount of such duty shall not exceed the margin of dumping or the total amount of countervailable subsidies, but it should be less than the margin of dumping or the total amount of countervailable subsidies if such a lesser duty would be adequate to remove the injury to the domestic industry.
Chapter 3. Technical Barriers to Trade, Standardisation, Metrology, Accreditation and Conformity Assessment
Article 43. Scope and Definitions
1. This Chapter applies to the preparation, adoption and application of standards, technical regulations, and conformity assessment procedures as defined in the Agreement on Technical Barriers to Trade, contained in Annex 1A to the WTO Agreement ("TBT Agreement") that may affect trade in goods between the Parties.
2. Notwithstanding paragraph 1, this Chapter does not apply to sanitary and phytosanitary measures as defined in Annex A to the Agreement on the Application of Sanitary and Phytosanitary Measures, contained in Annex 1A to the WTO Agreement ("SPS Agreement"), nor to purchasing specifications prepared by public authorities for their own production or consumption requirements.
3. For the purposes of this Chapter, the definitions of Annex 1 to the TBT Agreement shall apply.
Article 44. Affirmation of the TBT Agreement
The Parties affirm their existing rights and obligations with respect to each other under the TBT Agreement which is hereby incorporated into this Agreement and made an integral part thereof.
Article 45. Technical Cooperation
1. The Parties shall strengthen their cooperation in the field of standards, technical regulations, metrology, market surveillance, accreditation and conformity assessment systems with a view to increasing the mutual understanding of their respective systems and facilitating access to their respective markets. To that end, they may establish regulatory dialogues at both horizontal and sectoral levels.
2. In their cooperation, the Parties shall seek to identify, develop and promote trade facilitating initiatives which may include, but are not limited to:
(a) reinforcing regulatory cooperation through the exchange of data and experience, and through scientific and technical cooperation, with a view to improving the quality of their technical regulations, standards, market surveillance, conformity assessment and accreditation, and making efficient use of regulatory resources;
(b) promoting and encouraging cooperation between their respective organisations, public or private, responsible for metrology, standardisation, market surveillance, conformity assessment and accreditation;
(c) fostering the development of the quality infrastructure for standardisation, metrology, accreditation, conformity assessment and the market surveillance system in Georgia;
(d) promoting the participation of Georgia in the work of related European organisations;
(e) seeking solutions to technical barriers to trade that may arise; and (f} where appropriate, undertaking efforts to coordinate their positions on matters
of mutual interest in international trade and regulatory organisations such as the WTO and the United Nations Economic Commission for Europe (UNECE).
Article 46. Technical Regulations, Standards, and Conformity Assessment
1. Georgia shall achieve and maintain the level of administrative and institutional effectiveness necessary to provide an effective and transparent system that is required for the implementation of this Chapter.
2. Georgia shall ensure and facilitate the participation of its relevant national bodies in the European and international organisations for standardisation, legal and fundamental metrology, and conformity assessment, including accreditation, in accordance with the respective areas of activity of those bodies and the membership status available to them.
Article 47. Agreement on Conformity Assessment and Acceptance of Industrial Products
The Parties may ultimately agree to add an Agreement on Conformity Assessment and Acceptance of Industrial Products as a Protocol to this Agreement covering one or more sectors agreed upon.
Article 48. Marking and Labelling
1. Without prejudice to the provisions of Articles 46 and 47 of this Agreement, and with respect to technical regulations relating to labelling or marking requirements, the Parties reaffirm the principles of Chapter 2.2 of the TBT Agreement that such requirements are not prepared, adopted or applied with a view to or with the effect of creating unnecessary obstacles to international trade. For this purpose, such labelling or marking requirements shall not be more trade-restrictive than necessary to fulfil a legitimate objective, taking account of the risks that non- fulfilment would create.
2. Regarding obligatory marking or labelling in particular, the Parties agree that: they will endeavour to minimise their needs for marking or labelling, except as required for the protection of health, safety or the environment, or for other reasonable public policy purposes;
(a) a Party may determine the form of labelling or marking but shall not require the approval, the registration or the certification of labels; and
(b) the Parties retain the right to require the information on the label or marking to be ina specified language.
Chapter 4. Sanitary and Phytosanitary Measures
Article 49. Objective
1. The objective of this Chapter is to facilitate trade in commodities covered by sanitary and phytosanitary measures (SPS measures), including all measures listed in Annex III to this Agreement, between the Parties, whilst safeguarding human, animal or plant life or health, by:
(a) ensuring full transparency as regards measures applicable to trade, listed in Annex III to this Agreement;
(b) recognising the animal and plant health status of the Parties and applying the principle of regionalisation;
(c) establishing a mechanism for the recognition of equivalence of measures maintained by a Party, listed in Annex III to this Agreement;
(d) continuing to implement the SPS Agreement;
(e) establishing mechanisms and procedures for trade facilitation; and
(f) improving communication and cooperation between the Parties on measures listed in Annex III to this Agreement.
2. This Chapter also aims at reaching a common understanding between the Parties concerning animal welfare standards.
Article 50. Multilateral Obligations
The Parties re-affirm their rights and obligations under the WTO Agreements, and in particular the SPS Agreement.
Article 51. Scope
This Chapter shall apply to all sanitary and phytosanitary measures of a Party that may, directly or indirectly, affect trade between the Parties, including all measures listed in Annex III to this Agreement.
Article 52. Definitions
For the purposes of this Chapter, the following definitions shall apply:
(1) "sanitary and phytosanitary measures" means measures as defined in paragraph 1 of Annex A to the SPS Agreement (SPS measures);
(2) "animals" means animals as defined in the Terrestrial Animal Health Code or the Aquatic Animal Health Code of the World Organisation for Animal Health (OIE), respectively;
(3) "animal products" means products of animal origin, including aquatic animal products as defined in the Aquatic Animal Health Code of the OIE;
(4) "animal by-products not intended for human consumption" means entire bodies or parts of animals, products of animal origin or other products obtained from animals that are not intended for human consumption as listed in Part 2(I1) of Annex IU-A to this Agreement;
(5) "plants" means living plants and specified living parts thereof, including seeds and germplasm:
(a) fruits, in the botanical sense, other than those preserved by deep freezing;
(b) vegetables, other than those preserved by deep freezing;
(c) tubers, corms, bulbs, rhizomes;