Georgia - United Kingdom Strategic Partnership and Cooperation Agreement (2019)
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Subsection 1. General Provisions

Article 121. Objective and Principles

1. The Parties, recognising that electronic commerce increases trade opportunities in many sectors, agree to promote the development of electronic commerce between them, in particular by cooperating on the issues raised by electronic commerce under the provisions of this Chapter.

2. The Parties agree that the development of electronic commerce must be compatible with the international standards of data protection in order to ensure the confidence of users of electronic commerce.

3. The Parties agree that electronic transmissions shall be considered as the provision of services, within the meaning of Section 3 (Cross-border supply of services) of this Chapter, which cannot be subject to customs duties.

Article 122. Cooperation In Electronic Commerce

1. The Parties shall maintain a dialogue on regulatory issues raised by electronic commerce, which will inter alia address the following issues:

(a) the recognition of certificates of electronic signatures issued to the public and the facilitation of cross-border certification services;

(b) the liability of intermediary service providers with respect to the transmission, or storage of information;

(c) the treatment of unsolicited electronic commercial communications;

(d) the protection of consumers in the ambit of electronic commerce, and

(e) any other issue relevant for the development of electronic commerce.

2. Such cooperation can take the form of exchange of information on the Parties' respective legislation on those issues as well as on the implementation of such legislation.

Subsection 2. Liability of Intermediary Service Providers

Article 123. Use of Intermediaries' Services

1. The Parties recognise that the services of intermediaries can be used by third parties for infringing activities and shall provide the measures for intermediary service providers as laid down in this Sub-Section.

2. For the purposes of Article 124 of this Agreement, "service provider" means a provider of transmission, routing, or connections for digital online communication between or among points specified by the user, of material of the user's choosing without modification of its content. For the purposes of Articles 125 and 126 of this Agreement "service provider"™ means a provider or operator of facilities for online services or network access.

Article 124. Liability of Intermediary Service Providers: "mere Conduit"

1. Where an information society service is provided that consists of the transmission in a communication network of information provided by a recipient of the service, or the provision of access to a communication network, each Party shall ensure that the service provider is not liable for the information transmitted, on condition that the provider:

(a) does not initiate the transmission;

(b) does not select the receiver of the transmission; and

(c) does not select or modify the information contained in the transmission.

2. The acts of transmission and of provision of access referred to in paragraph 1 include the automatic, intermediate and transient storage of the information transmitted in so far as this takes place for the sole purpose of carrying out the transmission in the communication network, and provided that the information is not stored for any period longer than is reasonably necessary for the transmission.

3. This Article shall not affect the possibility for a court or administrative authority, in accordance with Parties' legal systems, of requiring the service provider to terminate or prevent an infringement.

Article 125. Liability of Intermediary Service Providers: "caching"

1. Where an information society service is provided that consists of the transmission in a communication network of information provided by a recipient of the service, each Party shall ensure that the service provider is not liable for the automatic, intermediate and temporary storage of that information, performed for the sole purpose of making more efficient the information's onward transmission to other recipients of the service upon their request, on condition that:

(a) the provider does not modify the information;

(b) the provider complies with conditions on access to the information;

(c) the provider complies with rules regarding the updating of the information, specified in a manner widely recognised and used by industry;

(d) the provider does not interfere with the lawful use of technology, widely recognised and used by industry, to obtain data on the use of the information, and

(e) the provider acts expeditiously to remove or to disable access to the information it has stored upon obtaining actual knowledge (1) of the fact that the information at the initial source of the transmission has been removed from the network, or access to it has been disabled, or that a court or an administrative authority has ordered such removal or disablement.

2. This Article shall not affect the possibility for a court or administrative authority, in accordance with the Parties' legal systems, of requiring the service provider to terminate or prevent an infringement.

(1) For the purposes of this Sub-Section, the term "actual knowledge" shall be interpreted in accordance with each Party's domestic law.

Article 126. Liability of Intermediary Service Providers: "hosting"

1. Where an information society service is provided that consists of the storage of information provided by a recipient of the service, each Party shall ensure that the service provider is not liable for the information stored at the request of a recipient of the service, on condition that:

(a) the provider does not have actual knowledge of illegal activity or information and, as regards claims for damages, is not aware of facts or circumstances from which the illegal activity or information is apparent, or

(b) the provider, upon obtaining such knowledge or awareness, acts expeditiously to remove or to disable access to the information.

2. Paragraph 1 shall not apply when the recipient of the service is acting under the authority or the control of the provider.

3. This Article shall not affect the possibility for a court or administrative authority, in accordance with the Parties' legal systems, of requiring the service provider to terminate or prevent an infringement, nor does it affect the possibility for a Party of establishing procedures governing the removal or disabling of access to information.

Article 127. No General Obligation to Monitor

1. The Parties shall not impose a general obligation on providers, when providing the services covered by Articles 124, 125 and 126 of this Agreement, to monitor the information which they transmit or store, nor shall they impose a general obligation to actively seek facts or circumstances indicating illegal activity.

2. A Party may establish obligations for information society service providers promptly to inform the competent public authorities of alleged illegal activities undertaken or information provided by recipients of their service or obligations to communicate to the competent authorities, at their request, information enabling the identification of recipients of their service with whom they have storage agreements.

Section 7. Exceptions

Article 128. General Exceptions

1. Without prejudice to general exceptions set in Article 357 of this Agreement, the provisions of this Chapter and of Annexes XI-A and XI-E, XI-B and XI-F, XI-C and XI-G, XI-D and XI-H to this Agreement are subject to the exceptions contained in this Article.

2. Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on establishment or cross-border supply of services, nothing in this Chapter shall be construed to prevent the adoption or enforcement by any Party of measures:

(a) necessary to protect public security or public morals or to maintain public order;

(b) necessary to protect human, animal or plant life or health; (c) relating to the conservation of exhaustible natural resources if such measures are applied in conjunction with restrictions on domestic entrepreneurs or on the domestic supply or consumption of services;

(d) necessary for the protection of national treasures of artistic, historic or archacological value;

(e) necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Chapter, including those relating to:

(i) the prevention of deceptive and fraudulent practices or to deal with the effects of a default on contracts;

(ii) the protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts;

(iii) safety;

(f) inconsistent with Articles 76 and 82 of this Agreement, provided that the difference in treatment is aimed at ensuring the effective or equitable imposition or collection of direct taxes in respect of economic activities, entrepreneurs or services suppliers of the other Party (1).

3. The provisions of this Chapter and of Annexes XI-A and XI-E, XI-B and XI- F, XI-C and XI-G, XI-D and XI-H to this Agreement shall not apply to the Parties' respective social security systems or to activities in the territory of each Party, which are connected, even occasionally, with the exercise of official authority.

(1) Measures that are aimed at ensuring the equitable or effective imposition or collection of direct taxes include measures taken by a Party under its taxation system which: (a) apply to non-resident entrepreneurs and services suppliers in recognition of the fact that the tax obligation of non-residents is determined with respect to taxable items sourced or located in the Party's territory; (b) apply to non-residents in order to ensure the imposition or collection of taxes in the Party's territory; (c) apply to non-residents or residents in order to prevent the avoidance or evasion of taxes, including compliance measures; (d) apply to consumers of services supplied in or from the territory of another Party in order to ensure the imposition or collection of taxes on such consumers derived from sources in the Party's territory; (e) distinguish entrepreneurs and service suppliers subject to tax on worldwide taxable items from other entrepreneurs and service suppliers, in recognition of the difference in the nature of the tax base between them; or (f) determine, allocate or apportion income, profit, gain, loss, deduction or credit of resident persons or branches, or between related persons or branches of the same person, in order to safeguard the Party's tax base. Tax terms or concepts in point (f) of this provision and in this footnote are determined in accordance with tax definitions and concepts, or equivalent or similar definitions and concepts, under the domestic law of the Party taking the measure.

Article 129. Recognition and Taxation Measures

The most-favoured-nation treatment granted in accordance with the provisions of this Chapter shall not apply to:

a) treatment granted under measures providing for recognition of qualifications, licences, or prudential measures in accordance with Article VII of GATS or its Annex on Financial Services;

b) the tax treatment granted under any international agreement or arrangement relating wholly or mainly to taxation.

Article 130. Security Exceptions

1. Nothing in this Agreement shall be construed:

(a) to require any Party to furnish any information, the disclosure of which it considers contrary to its essential security interests;

(b) to prevent any Party from taking any action which it considers necessary for the protection of its essential security interests:

(i) connected with the production of or trade in arms, munitions or war matériel;

(ii) relating to economic activities carried out directly or indirectly for the purpose of provisioning a military establishment;

(iii) relating to fissionable and fusionable materials or the materials from which they are derived; or

(iv) taken in time of war or other emergency in international relations; or

(c) to prevent any Party from taking any action in pursuance of obligations it has accepted for the purpose of maintaining international peace and security.

Chapter 7. Current Payments and Movement of Capital

Article 131. Current Payments

The Parties undertake to impose no restrictions and shall allow, in freely convertible currency, in accordance with the provisions of Article VIII of the Agreement of the International Monetary Fund, any payments and transfers on the current account of balance of payments between the Parties.

Article 132. Capital Movements

1. With regard to transactions on the capital and financial account of balance of payments, from the entry into force of this Agreement, the Parties shall ensure the free movement of capital relating to direct investments, including the acquisition of real estate, made in accordance with the laws of the host country, investments made in accordance with the provisions of Chapter 6 (Establishment, Trade in Services and Electronic Commerce) of Title IV (Trade and Trade-related Matters) of this Agreement and the liquidation or repatriation of invested capital and of any profit stemming therefrom.

2. With regard to transactions on the capital and financial account of balance of payments other than the transactions listed in paragraph 1 of this Article, from the entry into force of this Agreement, each Party shall ensure without prejudice to other provisions of this Agreement:

(a) the free movement of capital relating to credits for commercial transactions or for the provision of services in which a resident of one of the Parties is participating;

(b) the free movement of capital relating to portfolio investments, financial loans and credits by the investors of the other Party.

Article 133. Safeguard Measures

Where, in exceptional circumstances, payments or movements of capital cause, or threaten to cause, serious difficulties for the operation of exchange rate policy or monetary policy, including serious balance of payments difficulties, in the United Kingdom or in Georgia, the Parties concerned may take safeguard measures for a period not exceeding six months if such measures are strictly necessary. The Party adopting the safeguard measure shall inform the other Party forthwith of the adoption of any safeguard measure and, as soon as possible, of a time schedule for its removal.

Article 134. Facilitation and Evolution Provisions

1. The Parties shall consult with a view to facilitating the movement of capital between the Parties in order to promote the objectives of this Agreement.

Chapter 8. Public Procurement

Article 135. Objectives

1. The Parties recognise the contribution of transparent, non-discriminatory, competitive and open tendering to sustainable economic development and set as their objective the effective, reciprocal and gradual opening of their respective procurement markets.

2. This Chapter envisages mutual access to public procurement markets on the basis of the principle of national treatment at national, regional and local level for public contracts and concessions in the traditional sector as well as in the utilities sector.

Article 136. Scope

1. This Chapter applies to works, supplies and services public contracts, as well as works, supplies and services contracts in the utilities sectors and, if and where such contracts are used, to works and services concessions.

2. This Chapter applies to any contracting authority and any contracting entity which meets the definitions of the United Kingdom and Georgian public procurement domestic law (hereinafter referred to as "the contracting entities"). It covers also bodies governed by public law and public undertakings in the field of utilities such as state-owned enterprises carrying out the relevant activities and private undertakings operating on the basis of special and exclusive rights in the field of utilities (1).

3. This Chapter applies to contracts above the value thresholds set out in Annex XII-A to this Agreement.

4. The calculation of the estimated value of a public contract shall be based on the total amount payable, net of taxes on value added. When applying these thresholds, Georgia shall calculate and convert contract values into its national currency, using the conversion rate of its national bank.

5. Value thresholds shall be revised regularly every two years, beginning in the year of entry into force of this Agreement, based on the average daily value of the euro, expressed in Special Drawing Rights, over the 24 months terminating on the last day of August preceding the revision with effect from January 1. The value of the thresholds thus revised shall, where necessary, be rounded down to nearest thousand euro. The revision of the thresholds shall be adopted by the decision of the Strategic Partnership and Cooperation Forum in Trade configuration, as set out in Article 354(3) of this Agreement.

(1) The expression "private undertakings operating on the basis of special and exclusive rights" shall be interpreted in accordance with the Utilities Contracts Regulations 2016 and the Utilities Contracts (Scotland) Regulations 2016

Article 137. Institutional Background

1. Each Party shall establish or maintain an appropriate institutional framework and mechanisms necessary for the proper functioning of the public procurement system and the implementation of the principles in this Chapter.

2. Each Party shall designate in particular:

(a) an executive body at central government level tasked with guaranteeing a coherent policy and its implementation in all areas related to public procurement. That body shall facilitate and coordinate the implementation of this Chapter;

(b) an impartial and independent body tasked with the review of decisions taken by contracting authorities or entities during the award of contracts. In this context, "independent" means that that body shall be a public authority which is separate from all contracting entities and economic operators. There shall be a possibility to subject the decisions taken by this body to judicial review or, where that body is a judicial body, appeal to a higher judicial body.

3. Each Party shall ensure that decisions taken by the authorities responsible for the review of complaints by economic operators concerning infringements of domestic law shall be effectively enforced.

Article 138. Basic Standards Regulating the Award of Contracts

1. The Parties shall comply with a set of basic standards for the award of all contracts as stipulated in paragraphs 2 to 15 of this Article. These basic standards derive directly from the rules and principles of public procurement including the principles of non-discrimination, equal treatment, transparency and proportionality.

Publication

2. Each Party shall ensure that all intended procurements are published in an appropriate media (1) in a manner that is sufficient:

(a) to enable the market to be opened up to competition; and

(b) to allow any interested economic operator to have appropriate access to information regarding the intended procurement prior to the award of the contract and to express its interest in obtaining the contract.

(1) The means of publication shall be directly accessible by electronic means free of charge through a single point of access on the internet.

3. The publication shall be appropriate to the economic interest of the contract to economic operators.

4. The publication shall contain at least the essential details of the contract to be awarded, the criteria for qualitative selection, the award method, the contract award criteria and any other additional information that the economic operators reasonably need to decide whether to express their interest in obtaining the contract.

Award of contracts

5. All contracts shall be awarded through transparent and impartial award procedures that prevent corruptive practices. This impartiality shall be ensured in particular through the non-discriminatory description of the subject matter of the contract, equal access for all economic operators, appropriate time-limits and a transparent and objective approach.

6. When describing the characteristics of the required work, supply or service, the contracting entities shall use general descriptions of performance and functions and international or national standards.

7. The description of the characteristics required of a work, supply or service shall not refer to a specific make or source, or a particular process, or to trademarks, patents, types or a specific origin or production unless such a reference is justified by the subject matter of the contract and accompanied by the words "or equivalent". Preference shall be given to the use of general descriptions of performance or functions.

8. Contracting entities shall not impose conditions resulting in direct or indirect discrimination against the economic operators of the other Party, such as the requirement that economic operators interested in the contract must be established in the same country, region or territory as the contracting entity.

Notwithstanding the above, in cases where it is justified by the specific circumstances of the contract, the successful applicant may be required to establish certain business infrastructure at the place of performance.

9. The time-limits for expression of interest and for submission of offers shall be sufficiently long to allow economic operators from the other Party to make a meaningful assessment of the tender and prepare their offer.

10. All participants must be able to know the applicable rules, selection criteria and award criteria in advance. Those rules must apply equally to all participants.

11. Contracting entities may invite a limited number of applicants to submit an offer, provided that:

a) this is done ina transparent and non-discriminatory manner; and

b) the selection is based only on objective factors such as the experience of the applicants in the sector concerned, the size and infrastructure of their businesses or their technical and professional abilities.

In inviting a limited number of applicants to submit an offer, account shall be taken of the need to ensure adequate competition.

12. Contracting entities may use negotiated procedures only in exceptional and defined cases when the use of such a procedure effectively does not distort competition.

13. Contracting entities may use qualification systems only under the condition that the list of qualified operators is compiled by means of a sufficiently advertised, transparent and open procedure. Contracts falling within the scope of such a system shall be awarded also on a non-discriminatory basis.

14. Each Party shall ensure that contracts are awarded in a transparent manner to the applicant who has submitted the economically most advantageous offer or the offer with the lowest price, based on the tender criteria and the procedural rules established and communicated in advance. The final decisions shall be communicated to all applicants without undue delay. Upon request of an unsuccessful applicant, reasons must be provided in sufficient detail to allow the review of such a decision.

Judicial protection

15. Each Party shall ensure that any person having or having had an interest in obtaining a particular contract and who has been, or risks, being harmed by an alleged infringement is entitled to effective, impartial judicial protection against any decision of the contracting entity related to the award of that contract. The decisions taken in the course and at the end of such review procedure shall be made public in a manner that is sufficient to inform all interested economic operators.

Article 139. Market Access

1. The Parties agree that the effective and reciprocal opening of their respective markets shall be attained gradually and simultancously.

2. Insofar as a Party has, in accordance with Annex XII-B to this Agreement, opened its procurement market to the other Party:

(a) the United Kingdom shall grant access to contract award procedures to Georgian companies, whether established or not in the United Kingdom, pursuant to national public procurement rules under treatment no less favourable than that accorded to United Kingdom companies;

(b) Georgia shall grant access to contract award procedures for United Kingdom companies, whether established or not in Georgia, pursuant to national public procurement rules under treatment no less favourable than that accorded to Georgian companies.

3. The Parties will examine the possibility to mutually grant market access with regard to procurement below the value thresholds set out in Annex XII-A to this Agreement.

Article 140. Information

1. Each Party shall ensure that contracting entities and economic operators are appropriately informed about public procurement procedures, including through the publication of all relevant legislation and administrative rulings.

2. Each Party shall ensure the effective dissemination of information on tendering opportunities.

Article 141. Cooperation

1. The Parties shall enhance their cooperation through exchanges of experience and information relating to their best practices and regulatory frameworks.

2. The United Kingdom shall facilitate the implementation of this Chapter, including through technical assistance where appropriate. In line with the provisions on financial cooperation in Title VII (Financial Assistance, and Anti-fraud and Control Provisions) of this Agreement, specific decisions on financial assistance shall be taken through the relevant United Kingdom funding mechanisms and instruments.

3. An indicative list of issues for cooperation is included in Annex XII-C to this Agreement.

Chapter 9. Intellectual Property Rights

Section 1. General Provisions

Article 142. Objectives

The objectives of this Chapter are to:

(a) facilitate the production and commercialisation of innovative and creative products between the Parties; and

(b) achieve an adequate and effective level of protection and enforcement of intellectual property rights.

Article 143. Nature and Scope of Obligations

1. The Parties shall ensure the adequate and effective implementation of the international treaties dealing with intellectual property to which they are parties including the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). The provisions of this Chapter shall complement and further specify the rights and obligations between the Parties under the TRIPS Agreement and other international treaties in the field of intellectual property.

2. For the purposes of this Agreement, the expression "intellectual property" refers at least to all categories of intellectual property that are covered by Articles 145 to 181 of this Agreement.

3. Protection of intellectual property includes protection against unfair competition as referred to in Article 10bis of the Paris Convention for the Protection of Industrial Property of 1967 (Paris Convention).

Article 144. Exhaustion

The Parties shall be free to establish their own regime for exhaustion of intellectual property rights, subject to the provisions of the TRIPS Agreement.

Section 2. Standards Concerning Intellectual Property Rights

  • 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