Ukraine - United Kingdom Free Trade and Strategic Partnership (2020)
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2. This Chapter shall apply to any measure falling under the scope of Chapter 1 (National Treatment and Market Access for Goods) of Title IV of this Agreement adversely affecting trade between the Parties.

3. This Chapter shall not apply to measures falling under Chapter 6 (Establishment, Trade in Services and Electronic Commerce), Chapter 7 (Current Payments and Movement of Capital), Chapter 8 (Public Procurement), Chapter 9 (Intellectual Property) and Chapter 13 (Trade and Sustainable Development) of this Agreement. The Trade Committee may, after due consideration, decide that this mechanism should apply to any of these sectors.

Section 1. PROCEDURE UNDER THE MEDIATION MECHANISM

Article 313. Request for Information

1. Before the initiation of the mediation procedure, a Party may request at any time information regarding a measure adversely affecting trade or investment between the Parties. The Party to which such request is made shall provide, within 20 days of the date of receipt of the request, a response containing its comments on the information contained in the request. Wherever possible, the request and the response shall be made in writing.

2. Where the responding Party considers that a response within 20 days is not practicable, it shall inform the requesting Party of the reasons for the delay, together with an estimate of the shortest period within which it will be able to provide its response.

Article 314. Initiation of the Procedure

1. A Party may request, at any time, that the Parties enter into a mediation procedure. Such request shall be addressed to the other Party in writing. The request shall be sufficiently detailed to present clearly the concerns of the requesting Party and shall:

(a) identify the specific measure at issue;

(b) provide a statement of the alleged adverse effects that the requesting Party believes the measure has, or will have, on trade or investment between the Parties; and

(c) explain how the requesting Party considers that those effects are linked to the measure;

2. The Party to which such request is addressed shall give sympathetic consideration to the request and accept or reject it in writing within 10 days of its receipt.

Article 315. Selection of the Mediator

1. Upon launch of the mediation procedure, the Parties shall endeavour to agree on a mediator no later than 15 days after the receipt of the reply to the request.

2. If the Parties cannot agree on the mediator within the established time frame, either Party may request the chair of the Trade Committee, or the chair's delegate, to draw the mediator by lot from the list established under Article 308 of this Agreement. Representatives of both Parties to the dispute shall be invited with due anticipation, to be present when lots are drawn. In any event, the lot shall be carried out with the Party/Parties that are present.

3. The chair of the Trade Committee, or the chair's delegate, shall select the mediator within five working days of the request by either Party as referred to in paragraph 2.

4. Should the list provided for in Article 308 of this Agreement not be established at the time a request is made pursuant to paragraph 2 of this Article, the mediator shall be drawn by lot from the individuals which have been formally proposed by one or both of the Parties.

5. The Parties may agree that the mediator shall be a national of one of the Parties.

6. The mediator shall assist, in an impartial and transparent manner, the Parties in bringing clarity to the measure and its possible trade effects, and in reaching a mutually agreed solution. The code of conduct set out in Annex XX to this Agreement shall apply to mediators as provided for in that code. Rules 3 to 7 (notifications) and 41 to 46 (translation and calculation of time limits) of the Rules of Procedure set out in Annex XIX to this Agreement shall also apply, mutatis mutandis.

Article 316. Rules of the Mediation Procedure

1. Within 10 days of the appointment of the mediator, the Party having invoked the mediation procedure shall present, in writing, a detailed description of the problem to the mediator and to the other Party, in particular of the operation of the measure at issue and its trade effects. Within 20 days of the date of delivery of this submission, the other Party may provide, in writing, its comments to the description of the problem. Either Party may include in its description or comments any information that it deems relevant.

2. The mediator may decide on the most appropriate way of bringing clarity to the measure concerned and its possible trade-related impact. In particular, the mediator may organise meetings between the Parties, consult the Parties jointly or individually, seek the assistance of or consult with relevant experts and stakeholders, and provide any additional support requested by the Parties. However, before seeking the assistance of or consulting with relevant experts and stakeholders, the mediator shall consult with the Parties.

3. The mediator may offer advice and propose a solution for consideration by the Parties which may accept or reject the proposed solution or may agree on a different solution. However, the mediator shall not advise or give comments on the consistency of the measure at issue with this Agreement.

4. The procedure shall take place in the territory of the Party to which the request was addressed or by mutual agreement in any other location or by any other means.

5. The Parties shall endeavour to reach a mutually agreed solution within 60 days of the appointment of the mediator. Pending a final agreement, the Parties may consider possible interim solutions, especially if the measure relates to perishable goods.

6. The solution may be adopted by means of a decision of the Trade Committee. Either Party may make such solution subject to the completion of any necessary internal procedures. Mutually agreed solutions shall be made publicly available. However, the version disclosed to the public may not contain any information that a Party has designated as confidential.

7. The procedure shall be terminated:

(a) by the adoption of a mutually agreed solution by the Parties, on the date of adoption;

(b) by a written declaration of the mediator, after consultation with the Parties, that further efforts at mediation would be to no avail;

(c) by a written declaration of a Party after exploring mutually agreed solutions under the mediation procedure and after having considered any advice and proposed solutions by the mediator; or

(d) at any stage of the procedure by mutual agreement of the Parties.

Section 2. IMPLEMENTATION

Article 317. Implementation of a Mutually Agreed Solution

1. Where the Parties have agreed to a solution, each Party shall take the measures necessary to implement the mutually agreed solution within the agreed timeframe.

2. The implementing Party shall inform the other Party in writing of any steps or measures taken to implement the mutually agreed solution.

3. On request of the Parties, the mediator shall issue to the Parties, in writing, a draft factual report, providing a brief summary of:

(a) the measure at issue in these procedures; (b) the procedures followed; and

(c) any mutually agreed solution reached as the final outcome of these procedures, including possible interim solutions.

The mediator shall provide the Parties 15 days to comment on the draft report. After considering the comments of the Parties submitted within that period, the mediator shall submit, in writing, a final factual report to the Parties within 15 days. The factual report shall not include any interpretation of this Agreement.

Section 3. GENERAL PROVISIONS

Article 318. Relationship to Dispute Settlement

1. The procedure under this mediation mechanism is not intended to serve as a basis for dispute settlement procedures under this Agreement or another agreement.

A Party shall not rely on or introduce as evidence in such dispute settlement procedures, nor shall a panel take into consideration:

(a) positions taken by the other Party in the course of the mediation procedure;

(b) the fact that the other Party has indicated its willingness to accept a solution to the measure subject to mediation; or

(c) advice given or proposals made by the mediator.

2. The mediation mechanism is without prejudice to the Parties’ rights and obligations under the provisions on Dispute Settlement.

3. Unless the Parties agree otherwise, and without prejudice to Article 316(6) of this Agreement, all steps of the procedure, including any advice or proposed solution, are confidential. However, any Party may disclose to the public that mediation is taking place.

Article 319. Time Limits

Any time limit referred to in this Chapter may be modified by mutual agreement between the Parties involved in these procedures.

Article 320. Costs

1. Each Party shall bear its own expenses derived from the participation in the mediation procedure.

2. The Parties shall share jointly and equally the expenses derived from organisational matters, including the remuneration and expenses of the mediator, any assistant to the mediator and in the event that the Parties are unable to agree on a common language, any costs associated with translation. Remuneration of the mediator shall be in accordance with that foreseen for the Chairperson of an arbitration Panel in paragraph 2 and 8 of Annex XIX to this Agreement.

Article 321. Review

Five years after the date of entry into force of this Agreement, the Parties shall consult each other on the need to modify the mediation mechanism in light of the experience gained and the development of a corresponding mechanism in the WTO.

Title V. ECONOMIC AND SECTOR COOPERATION

Chapter 1. ENERGY COOPERATION, INCLUDING NUCLEAR ISSUES

Article 322.

1. The Parties shall cooperate on energy matters for the enhancement of energy security, competitiveness and sustainability, which is crucial for the promotion of economic growth. The Parties’ regulatory cooperation shall take into account the need to ensure relevant public service obligations, including measures to inform and protect customers from unfair selling practices, and access to affordable energy for consumers, including for the most vulnerable citizens.

2. Such cooperation shall be guided by the principles of mutual interest, reciprocity, transparency and predictability, consistent with the market economy, the Energy Charter Treaty of 1994 and other multilateral and related bilateral agreements.

Article 323.

Mutual cooperation shall cover, among others, the following areas:

(a) cooperation in the Civil Nuclear sector, focusing on ensuring a high level of nuclear safety, the clean and peaceful use of nuclear energy, covering all civil nuclear energy activities and stages of the fuel cycle, including production of and trade in nuclear materials, safety and security aspects of nuclear energy, and emergency preparedness, as well as health-related and environmental issues and non-proliferation. In this context, cooperation will also include the further development of policies and legal and regulatory frameworks based on International Atomic Energy Agency (IAEA) standards;

(b) promotion of civil scientific research in the fields of nuclear safety and security, including joint research and development activities, and training and mobility of scientists;

(c) implementation of energy strategies and policies and development/elaboration of forecasts and scenarios, as well as improvement of the statistical recording system in the energy sector based on timely exchange of information on energy balances and energy flows, in accordance with international practices, as well as infrastructure developments;

(d) establishing effective mechanisms to address potential energy crisis situations in a spirit of solidarity;

(e) modernisation and enhancement of existing energy infrastructures of common interests, including energy-generating capacities and the integrity, safety and security of the energy networks, and the establishment of new energy infrastructures of common interest in order to diversify energy sources, suppliers, transportation routes and transport methods in an economic and environmentally sound manner;

(f) development of competitive, transparent and non-discriminatory energy markets;

(g) enhancement and strengthening of long-term stability and security of energy trade, transit, exploration, extraction, refining, production, storage, transport, transmission, distribution and marketing, or sale of energy materials and products on a mutually beneficial and non- discriminatory basis, in accordance with international rules, in particular the Energy Charter Treaty of 1994, the WTO Agreement and this Agreement;

(h) progress towards an attractive and stable investment climate by addressing institutional, legal, fiscal and other conditions, and encouraging mutual investments in the energy field on a non- discriminatory basis;

(i) efficient cooperation with the European Bank for Reconstruction and Development (EBRD) and other international financial organisations and instruments to support energy cooperation between the Parties;

(j) promotion of energy efficiency and energy savings, including through the establishment of energy efficiency policies and legal and regulatory frameworks, with the aim of achieving major improvements, including efficient generation, production, transportation, distribution and use of energy, compatible with the functioning of market mechanisms, as well as the efficient utilisation of energy in appliances, lightings and buildings;

(k) development of and support for renewable energies in an economic and environmentally sound manner, as well as alternative fuels, including sustainable biofuel production, and cooperation on regulatory issues, certification and standardisation as well as on technological and commercial development;

(l) promotion of the Joint Implementation Mechanism under the Kyoto Protocol to the UN Framework Convention on Climate Change of 1997 to reduce emissions of greenhouse gases through energy efficiency and renewable energy projects;

(m) scientific and technical cooperation and exchange of information for the development and improvement of technologies in energy production, transportation, supply and end use, paying particular attention to energy- efficient and environmentally friendly technologies, including carbon capture and storage and efficient and clean coal technologies;

(n) cooperation in the framework of European and international standardisation bodies in the field of energy.

Article 324.

The Parties shall exchange information and experience, as well as provide relevant support to the process of regulatory reforms, which include the restructuring of the coal sector (steam coal, coking coal and lignite) in order to increase its competitiveness, enhance mine safety and occupational safety and reduce its environmental impact, while bearing in mind the regional and social impact. In order to enhance efficiency, competitiveness, and sustainability, the restructuring process needs to cover the entire coal value chain, i.e. from exploration via production and processing to conversion and handling of residues from coal processing and combustion. This approach includes recovery and utilisation of methane emissions from coal mines, as well as those from oil and gas operations, landfills, and the agricultural sector, as set out, inter alia, by the Global Methane Initiative in which the Parties are Partners.

Chapter 2. MACRO-ECONOMIC COOPERATION

Article 325.

The Parties shall facilitate the process of economic reform by co-operating to improve understanding of the fundamentals of their respective economies and the formulation and implementation of economic policy in market economies. Ukraine shall strive to establish a functioning market economy, in accordance with the guiding principles of macroeconomic stability, sound public finances and a sustainable balance of payments.

Article 326.

In order to achieve the objectives set out in Article 325 of this Agreement, the Parties shall cooperate to:

(a) exchange information on macroeconomic performance and prospects and on strategies for development;

(b) analyse jointly economic issues of mutual interest, including economic policy measures and the instruments for implementing them, such as methods for economic forecasting and elaboration of strategic policy documents, with a view to strengthening Ukraine's policy-making in line with international best practices;

(c) exchange expertise in the sphere of macro-economy.

Chapter 3. MANAGEMENT OF PUBLIC FINANCES: BUDGET POLICY, INTERNAL CONTROL AND EXTERNAL AUDIT

Article 327.

Cooperation in the field of management of public finances shall aim at ensuring the development of budget policy and sound systems of public internal control and external audit, on the basis of international standards, and which are compatible with the fundamental principles of accountability, transparency, economy, efficiency and effectiveness.

Article 328.

The Parties shall exchange information, experience, best practice and take other actions, in particular on the following:

1. In the area of budget policy: (a) development of a medium-term budget forecast/planning system;

(b) improvement of programme-targeted approaches in the budget process and analysis of the efficiency and effectiveness of the implementation of budget programmes;

(c) improvement in the exchange of information and experience on planning and execution of the budget and on public debt.

2. In the area of external audit:

- implementation of the International Organisation of Supreme Audit Institutions (INTOSAI) standards and methods as well as exchange of best practices in the field of external control and audit of public finances, paying particular attention to the independence of the relevant bodies of the Parties;

3. In the area of public internal financial control:

- further developing the public internal financial control system through harmonisation with internationally-agreed standards (Institute of Internal Auditors (IIA), International Federation of Accountants (IFAC), INTOSAI) and methodologies, as well as best practice for internal control and internal audit in state bodies;

4. In the area of the fight against fraud:

- improvement of methods aimed at combating and preventing fraud and corruption in the area covered by this Chapter, including cooperation between relevant administrative bodies.

Chapter 4. TAXATION

Article 329.

The Parties shall cooperate to enhance good governance in the tax area, with a view to the further improvement of economic relations, trade, investment and fair competition.

Article 330.

1. With reference to Article 329 of this Agreement, the Parties recognise and commit to implementing the principles of good governance in the area of taxation reflecting the OECD principles concerning fair tax competition, the global standards on tax transparency and exchange of information, and the OECD minimum standards against Base Erosion and Profit Shifting (BEPS). To that end, the Parties will improve international cooperation in the tax area, facilitate the collection of legitimate tax revenues, and develop measures for the effective implementation of the abovementioned principles.

2. Nothing in this Agreement affects the rights and obligations, under any tax convention, of the United Kingdom and Ukraine. In the event of any inconsistency between this Agreement and any such tax convention, the tax convention prevails to the extent of the inconsistency.

3. For the purposes of this Article "tax convention" means a convention for the avoidance of double taxation, or any other international taxation agreement or arrangement (including, for the avoidance of doubt, such a convention, agreement or arrangement which is made after this Agreement is ratified, or any amendment to such a convention, agreement or arrangement).

Article 331.

The Parties shall also enhance and strengthen their cooperation aimed at the improvement and development of Ukraine's tax system and administration, including the enhancement of collection and control capacity, to avoid accumulation of arrears, ensure effective tax collection and reinforce the fight against tax fraud and tax avoidance. The Parties shall strive to enhance cooperation and sharing of experiences in combating tax fraud, in particular carousel fraud.

Article 332.

The Parties shall develop their cooperation in counteracting and fighting fraud and smuggling of excisable products. To this end, the Parties will look to strengthen their cooperation within the regional context.

Chapter 5. STATISTICS

Article 333.

The Parties shall develop and strengthen their cooperation on statistical issues, thereby contributing to the long-term objective of providing timely, internationally comparable and reliable statistical data. It is expected that a sustainable, efficient and professionally independent national statistical system shall produce information relevant to citizens, businesses and decision-makers in the UK and in Ukraine, thus enabling them to take informed decisions. The national statistical system should respect the UN Fundamental Principles of Official Statistics, taking into account international standards and best practice, in order to harmonise the national statistical system with internationally comparable norms and standards.

Article 334.

Cooperation shall aim at:

(a) further strengthening the capacity of the national statistical system, focusing on a sound legal basis, adequate data and metadata dissemination policy and user- friendliness;

(b) fine-tuning of data provision, taking into account the application of relevant international methodologies, including classifications;

(c) enhancing the professional and management capacity of the national statistical staff to facilitate the application of statistical standards and to contribute to the development of the Ukrainian statistical system;

(d) exchanging experience between the Parties on the development of statistical know-how;

(e) promoting total quality management of all statistical production processes and dissemination.

Article 335.

The Parties shall further cooperate, inter alia, on the areas of:

(a) population statistics, including censuses;

(b) agricultural statistics, including agricultural censuses and environment statistics;

(c) business statistics, including business registers and the use of administrative sources for statistical purposes;

(d) energy, including balances;

(e) national accounts;

(f) foreign trade statistics;

(g) regional statistics;

(h) total quality management of all statistical production processes and dissemination.

Article 336.

The Parties shall, inter alia, exchange information and expertise, and shall develop their cooperation, taking into account the already accumulated experience in reforming the statistical system. In the statistical data production process, emphasis will be placed on further development of sample surveys, while taking into account the need to reduce the response burden. The data shall be relevant to the designing and monitoring of policies in all key areas of social and economic life.

Chapter 6. ENVIRONMENT

Article 337.

The Parties shall develop and strengthen their cooperation on environmental issues, thereby contributing to the long-term objective of sustainable development and green economy. It is expected that enhanced environmental protection will bring benefits to citizens and businesses in the UK and in Ukraine, including through improved public health, preserved natural resources, increased economic and environmental efficiency, integration of environment into other policy areas, and higher production as a result of modern technologies. Cooperation shall be conducted in the best interests of the Parties on the basis of equality and mutual benefit while also taking into account interdependence existing between the Parties in the field of environmental protection and related multilateral agreements.

Article 338.

Cooperation shall aim at preserving, protecting, improving, and rehabilitating the quality of the environment, protecting human health, prudent and rational utilisation of natural resources and promoting measures at international level to deal with regional or global environmental problems, inter alia in the areas of:

(a) Climate Change;

(b) environmental governance and horizontal issues, including education and training, and access to environmental information and decision-making processes;

(c) air quality;

(d) water quality and water resource management, including marine environment;

(e) waste and resource management;

(f) nature protection, including conservation and protection of bio and landscape diversity (eco-networks);

(g) industrial pollution and industrial hazards;

(h) chemicals;

(i) genetically modified organisms, including in the field of agriculture;

(j) noise pollution;

(k) civil protection, including natural and man-made hazards;

(l) urban environment;

  • Article   1 Objectives 1
  • Title   I GENERAL PRINCIPLES 1
  • Article   2 1
  • Title   II STRATEGIC POLITICAL DIALOGUE AND COOPERATION IN THE FIELD OF FOREIGN AND SECURITY POLICY 1
  • Article   3 Aims of Strategic Political Dialogue 1
  • Article   4 Fora for the Conduct of the Strategic Partnership Dialogue 1
  • Article   5 Dialogue and Cooperation on Domestic Reform 1
  • Article   6 Foreign and Security Policy 1
  • Article   7 Peaceful Conflict Resolution and Post-Conflict Recovery 1
  • Article   8 Regional Stability 1
  • Article   9 Military and Military-Technical Cooperation 1
  • Article   10 Non-proliferation of Weapons of Mass Destruction 1
  • Article   11 Arms Control, Arms Export Control and the Fight Against Illicit Trafficking of Arms 1
  • Article   12 Fight Against Crime 1
  • Title   III JUSTICE, FREEDOM AND SECURITY 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 Treatment of Workers 1
  • Article   17 Mobility of Workers 1
  • Article   18 Movement of Persons 1
  • Article   19 Fight Against Money Laundering and Terrorism Financing 1
  • Article   20 Cooperation In the Fight Against Illicit Drugs, and on Precursors and Psychotropic Substances 1
  • Article   21 Fight Against Crime and Corruption 1
  • Article   22 Cooperation In Fighting Terrorism 2
  • Article   23 Legal Cooperation 2
  • Article   24 Diplomatic Missions 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   25 Objective 2
  • Article   26 Scope and Coverage 2
  • Section   2 ELIMINATION OF CUSTOMS DUTIES, FEES AND OTHER CHARGES 2
  • Article   27 Definition of Customs Duties 2
  • Article   28 Classification of Goods 2
  • Article   29 Elimination of Customs Duties on Imports 2
  • Article   30 Standstill 2
  • Article   31 Customs Duties on Exports 2
  • Article   32 Export Subsidies and Measures of Equivalent Effect 2
  • Article   33 Fees and other Charges 2
  • Section   3 NON-TARIFF MEASURES 2
  • Article   34 National Treatment 2
  • Article   35 Import and Export Restrictions 2
  • Section   4 SPECIFIC PROVISIONS RELATED TO GOODS 2
  • Article   36 General Exceptions 2
  • Section   5 ADMINISTRATIVE COOPERATION AND COORDINATION WITH OTHER COUNTRIES 2
  • Article   37 Special Provisions on Administrative Cooperation 2
  • Article   38 Management of Administrative Errors 2
  • Article   39 Agreements with other Countries 2
  • Chapter   2 TRADE REMEDIES 2
  • Section   1 GLOBAL SAFEGUARD MEASURES 2
  • Article   40 General Provisions 2
  • Article   41 Transparency 2
  • Article   42 Application of Measures 2
  • Article   43 Developing Country 2
  • Section   2 ANTI-DUMPING AND COUNTERVAILING MEASURES 2
  • Article   44 General Provisions 2
  • Article   45 Transparency 2
  • Article   46 Consideration of Public Interest 2
  • Article   47 Lesser Duty Rule 2
  • Article   48 Application of Measures and Reviews 2
  • Section   3 CONSULTATIONS 2
  • Article   49 Consultations 2
  • Section   4 INSTITUTIONAL PROVISIONS 2
  • Article   50 Dialogue on Trade Remedies 2
  • Section   5 DISPUTE SETTLEMENT 2
  • Article   51 Dispute Settlement 2
  • Chapter   3 TECHNICAL BARRIERS TO TRADE 2
  • Article   52 Scope and Definitions 2
  • Article   53 Affirmation of the TBT Agreement 2
  • Article   54 Technical Cooperation 2
  • Article   55 Agreement on Conformity Assessment and Acceptance of Industrial Products 3
  • Article   56 Marking and Labelling 3
  • Chapter   4 SANITARY AND PHYTOSANITARY MEASURES 3
  • Article   57 Objective 3
  • Article   58 Multilateral Obligations 3
  • Article   59 Scope 3
  • Article   60 Definitions 3
  • Article   61 Competent Authorities 3
  • Article   62 Recognition for Trade Purposes of Animal Health and Pest Status and Regional Conditions 3
  • Article   63 Determination of Equivalence 3
  • Article   64 Transparency and Exchange of Information 3
  • Article   65 Notification, Consultation and Facilitation of Communication 3
  • Article   66 Trade Conditions 3
  • Article   67 Certification Procedure 3
  • Article   68 Verification 3
  • Article   69 Import Checks and Inspection Fees 3
  • Article   70 Safeguard Measures 4
  • Article   71 Sanitary and Phytosanitary Management (SPS) Sub-Committee 4
  • Chapter   5 CUSTOMS AND TRADE FACILITATION 4
  • Article   72 Objectives 4
  • Article   73 Legislation and Procedures 4
  • Article   74 Relations with the Business Community 4
  • Article   75 Fees and Charges 4
  • Article   76 Customs Valuation 4
  • Article   77 Customs Cooperation 4
  • Article   78 Mutual Administrative Assistance In Customs Matters 4
  • Article   79 Technical Assistance and Capacity-Building 4
  • Article   80 Customs Sub-Committee 4
  • Chapter   6 ESTABLISHMENT, TRADE IN SERVICES AND ELECTRONIC COMMERCE 4
  • Section   1 GENERAL PROVISIONS 4
  • Article   81 Objective, Scope and Coverage 4
  • Article   82 Definitions 4
  • Section   2 ESTABLISHMENT 5
  • Article   83 Scope 5
  • Article   84 National Treatment and Most Favourable Nation Treatment 5
  • Article   85 Review 5
  • Article   86 Other Agreements 5
  • Article   87 Standard of Treatment for Branches and Representative Offices 5
  • Section   3 CROSS-BORDER SUPPLY OF SERVICES 5
  • Article   88 Scope 5
  • Article   89 Market Access 5
  • Article   90 National Treatment 5
  • Article   91 Lists of Commitments 5
  • Article   92 Review 5
  • Section   4 TEMPORARY PRESENCE OF NATURAL PERSONS FOR BUSINESS PURPOSES 5
  • Article   93 Scope 5
  • Article   94 Key Personnel 5
  • Article   95 Graduate Trainees 5
  • Article   96 Business Services Sellers 5
  • Article   97 Contractual Services Suppliers 5
  • Article   98 Independent Professionals 5
  • Section   5 REGULATORY FRAMEWORK 5
  • Subsection   1 DOMESTIC REGULATION 5
  • Article   99 Scope and Definitions 5
  • Article   101 Licensing Procedures 6
  • Subsection   2 PROVISIONS OF GENERAL APPLICATION 6
  • Article   102 Mutual Recognition 6
  • Article   103 Transparency and Disclosure of Confidential Information 6
  • Subsection   3 COMPUTER SERVICES 6
  • Article   104 Understanding on Computer Services 6
  • Subsection   4 POSTAL AND COURIER SERVICES 6
  • Article   105 Scope and Definitions 6
  • Article   106 Prevention of Anti-Competitive Practices In the Postal and Courier Sector 6
  • Article   107 Universal Service 6
  • Article   108 Licences 6
  • Subsection   5 ELECTRONIC COMMUNICATIONS 6
  • Article   110 Scope and Definitions 6
  • Article   111 Regulatory Authority 6
  • Article   112 Authorisation to Provide Electronic Communication Services 6
  • Article   113 Access and Interconnection 6
  • Article   114 Scarce Resources 6
  • Article   115 Universal Service 6
  • Article   116 Cross-Border Provision of Electronic Communication Services 6
  • Article   117 Confidentiality of Information 6
  • Article   118 Disputes between Service Suppliers 6
  • Subsection   6 FINANCIAL SERVICES 6
  • Article   119 Scope and Definitions 6
  • Article   120 Prudential Carve-out 7
  • Article   121 Effective and Transparent Regulation 7
  • Article   122 New Financial Services 7
  • Article   123 Data Processing 7
  • Article   124 Specific Exceptions 7
  • Article   125 Self-Regulatory Organisations 7
  • Article   126 Clearing and Payment Systems 7
  • Subsection   7 TRANSPORT SERVICES 7
  • Article   127 Scope 7
  • Article   128 International Maritime Transport 7
  • Article   129 Road, Rail and Inland Waterways Transport 7
  • Article   130 Air Transport 7
  • Section   6 ELECTRONIC COMMERCE 7
  • Article   131 Objective and Principles 7
  • Article   132 Regulatory Aspects of Electronic Commerce 7
  • Section   7 EXCEPTIONS 7
  • Article   133 General Exceptions 7
  • Article   134 Recognition and Taxation Measures 7
  • Article   135 Security Exceptions 7
  • Chapter   7 CURRENT PAYMENTS AND MOVEMENT OF CAPITAL 7
  • Article   136 Current Payments 7
  • Article   137 Capital Movements 7
  • Article   138 Safeguard Measures 7
  • Article   139 Facilitation and Further Liberalisation Provisions 7
  • Chapter   8 PUBLIC PROCUREMENT 7
  • Article   140 Objectives 7
  • Article   141 Scope 7
  • Article   142 Institutional Background 7
  • Article   143 Basic Standards Regulating the Award of Contracts 7
  • Article   144 Market Access 8
  • Article   145 Information 8
  • Article   146 Cooperation 8
  • Chapter   9 INTELLECTUAL PROPERTY 8
  • Section   1 GENERAL PROVISIONS 8
  • Article   147 Objectives 8
  • Article   148 Nature and Scope of Obligations 8
  • Article   149 Transfer of Technology 8
  • Article   150 Exhaustion 8
  • Section   2 STANDARDS CONCERNING INTELLECTUAL PROPERTY RIGHTS 8
  • Subsection   1 COPYRIGHT AND RELATED RIGHTS 8
  • Article   151 Protection Granted 8
  • Article   152 Duration of Authors' Rights 8
  • Article   153 Duration of Protection of Cinematographic or Audiovisual Works 8
  • Article   154 Duration of Related Rights 8
  • Article   155 Protection of Previously Unpublished Works 8
  • Article   156 Critical and Scientific Publications 8
  • Article   157 Protection of Photographs 8
  • Article   158 Cooperation on Collective Management of Rights 8
  • Article   159 Fixation Right 8
  • Article   160 Broadcasting and Communication to the Public 8
  • Article   161 Distribution Right 8
  • Article   162 Limitations 8
  • Article   163 Reproduction Right 8
  • Article   164 Right of Communication to the Public of Works and Right of Making Available to the Public other Subject Matter 8
  • Article   165 Exceptions and Limitations 8
  • Article   166 Protection of Technological Measures 8
  • Article   167 Protection of Rights-Management Information 8
  • Article   168 Right-Holders and Subject Matter of Rental and Lending Right 8
  • Article   169 Unwaivable Right to Equitable Remuneration 9
  • Article   170 Protection of Computer Programs 9
  • Article   171 Authorship of Computer Programs 9
  • Article   172 Restricted Acts Relating to Computer Programs 9
  • Article   173 Exceptions to the Restricted Acts Relating to Computer Programs 9
  • Article   174 Decompilation 9
  • Article   175 Protection of Databases 9
  • Article   176 Object of Protection 9
  • Article   177 Database Authorship 9
  • Article   178 Restricted Acts Relating to Databases 9
  • Article   179 Exceptions to Restricted Acts Relating to Databases 9
  • Article   180 Resale Right 9
  • Article   181 Broadcasting of Programmes by Satellite 9
  • Article   182 Cable Retransmission 9
  • Subsection   2 TRADE MARKS 9
  • Article   183 Registration Procedure 9
  • Article   184 Well-known Trade Marks 9
  • Article   185 Rights Conferred by a Trade Mark 9
  • Article   186 Exceptions to the Rights Conferred by a Trade Mark 9
  • Article   187 Use of Trade Marks 9
  • Article   188 Grounds for Revocation 9
  • Article   189 Partial Refusal, Revocation or Invalidity 9
  • Article   190 Term of Protection 9
  • Subsection   3 GEOGRAPHICAL INDICATIONS 9
  • Article   191 Scope of the Sub-section 9
  • Article   192 Established Geographical Indications 9
  • Article   193 Addition of New Geographical Indications 9
  • Article   194 Scope of Protection of Geographical Indications 9
  • Article   195 Right of Use of Geographical Indications 9
  • Article   196 Relationship with Trade Marks 9
  • Article   197 Enforcement of Protection 10
  • Article   198 Temporary Measures 10
  • Article   199 General Rules 10
  • Article   200 Cooperation and Transparency 10
  • Article   201 Sub-Committee on Geographical Indications 10
  • Subsection   4 DESIGNS 10
  • Article   202 Definition 10
  • Article   203 Requirements for Protection 10
  • Article   204 Term of Protection 10
  • Article   205 Invalidity or Refusal of Registration 10
  • Article   206 Rights Conferred 10
  • Article   207 Exceptions 10
  • Article   208 Relationship to Copyright 10
  • Subsection   5 PATENTS 10
  • Article   209 Patents and Public Health 10
  • Article   210 Supplementary Protection Certificate 10
  • Article   211 Protection of Biotechnological Inventions 10
  • Article   212 Protection of Data Submitted to Obtain an Authorisation to Put a Medicinal Product on the Market 10
  • Article   213 Data Protection on Plant Protection Products 10
  • Subsection   6 TOPOGRAPHIES OF SEMI-CONDUCTOR PRODUCTS 10
  • Article   214 Definition 10
  • Article   215 Requirements for Protection 10
  • Article   216 Exclusive Rights 10
  • Article   217 Term of Protection 11
  • Subsection   7 OTHER PROVISIONS 11
  • Article   218 Plant Varieties 11
  • Article   219 Genetic Resources, Traditional Knowledge and Folklore 11
  • Section   3 ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS 11
  • Article   220 General Obligations 11
  • Article   221 Entitled Applicants 11
  • Subsection   1 CIVIL MEASURES, PROCEDURES AND REMEDIES 11
  • Article   222 Presumption of Authorship or Ownership 11
  • Article   223 Evidence 11
  • Article   224 Measures for Preserving Evidence 11
  • Article   225 Right to Information 11
  • Article   226 Provisional and Precautionary Measures 11
  • Article   227 Corrective Measures 11
  • Article   228 Injunctions 11
  • Article   229 Alternative Measures 11
  • Article   230 Damages 11
  • Article   231 Legal Costs 11
  • Article   232 Publication of Judicial Decisions 11
  • Article   233 Administrative Procedures 11
  • Subsection   2 LIABILITY OF INTERMEDIARY SERVICE PROVIDERS 11
  • Article   234 Use of Intermediaries' Services 11
  • Article   235 Liability of Intermediary Service Providers: "Mere Conduit" 11
  • Article   236 Liability of Intermediary Service Providers: "Caching" 11
  • Article   237 Liability of Intermediary Service Providers: "Hosting" 11
  • Article   238 No General Obligation to Monitor 11
  • Subsection   3 OTHER PROVISIONS 11
  • Article   239 Border Measures 11
  • Article   240 Codes of Conduct and Forensic Cooperation 11
  • Article   241 Cooperation 11
  • Chapter   10 COMPETITION 11
  • Section   1 ANTITRUST AND MERGERS 11
  • Article   242 Definitions 11
  • Article   243 Principles 11
  • Article   244 Implementation 12
  • Article   245 Public Enterprises and Enterprises Entrusted with Special or Exclusive Rights 12
  • Article   246 State Monopolies 12
  • Article   247 Exchange of Information and Enforcement Cooperation 12
  • Article   248 Consultations 12
  • Article   249 12
  • Section   2 STATE AID 12
  • Article   250 General Principles 12
  • Article   251 Transparency 12
  • Article   252 Interpretation 12
  • Article   253 Relationship with WTO 12
  • Article   254 Scope 12
  • Chapter   11 TRADE-RELATED ENERGY 12
  • Article   255 Definitions 12
  • Article   256 Domestic Regulated Prices 12
  • Article   257 Prohibition of Dual Pricing 12
  • Article   258 Customs Duties and Quantitative Restrictions 12
  • Article   259 Transit 12
  • Article   260 Transport 12
  • Article   261 Cooperation on Infrastructure 12
  • Article   262 Unauthorised Taking of Energy Goods 12
  • Article   263 Interruption 12
  • Article   264 Regulatory Authority for Electricity and Gas 12
  • Article   265 Access to and Exercise of the Activities of Prospecting, Exploring for and Producing Hydrocarbons 12
  • Article   266 Licensing and Licensing Conditions 12
  • Chapter   12 TRANSPARENCY 12
  • Article   267 Definitions 12
  • Article   268 Objective and Scope 12
  • Article   269 Publication 12
  • Article   270 Enquiries and Contact Points 12
  • Article   271 Administrative Proceedings 12
  • Article   272 Review and Appeal 12
  • Article   273 Regulatory Quality and Performance and Good Administrative Behaviour 12
  • Article   274 Non-discrimination 12
  • Chapter   13 TRADE AND SUSTAINABLE DEVELOPMENT 12
  • Article   275 Context and Objectives 12
  • Article   276 Right to Regulate 12
  • Article   277 Multilateral Labour Standards and Agreements 12
  • Article   278 Multilateral Environmental Agreements 13
  • Article   279 Trade Favouring Sustainable Development 13
  • Article   280 Trade In Forest Products 13
  • Article   281 Trade In Fish Products 13
  • Article   282 Upholding Levels of Protection 13
  • Article   283 Scientific Information 13
  • Article   284 Review of Sustainability Impacts 13
  • Article   285 Civil Society Institutions 13
  • Article   286 Institutional and Monitoring Mechanisms 13
  • Article   287 Group of Experts 13
  • Article   288 Cooperation on Trade and Sustainable Development 13
  • Chapter   14 DISPUTE SETTLEMENT  (37) 13
  • Article   289 Objective 13
  • Article   290 Scope 13
  • Article   291 Consultations 13
  • Section   1 ARBITRATION PROCEDURE 13
  • Article   292 Initiation of the Arbitration Procedure 13
  • Article   293 Composition of the Arbitration Panel 13
  • Article   294 Interim Panel Report 13
  • Article   295 Conciliation for Urgent Energy Disputes 13
  • Article   296 Arbitration Panel Ruling 13
  • Section   2 COMPLIANCE 13
  • Article   297 Compliance with the Arbitration Panel Ruling 13
  • Article   298 Reasonable Period of Time for Compliance 13
  • Article   299 Review of Any Measure Taken to Comply with the Arbitration Panel Ruling 13
  • Article   300 Remedies for Urgent Energy Disputes 13
  • Article   301 Temporary Remedies In Case of Non-Compliance 13
  • Article   302 Review of Any Measure Taken to Comply after the Suspension of Obligations 13
  • Section   3 COMMON PROVISIONS 13
  • Article   303 Mutually Agreed Solution 13
  • Article   304 Rules of Procedure 13
  • Article   305 Information and Technical Advice 13
  • Article   306 Rules of Interpretation 13
  • Article   307 Arbitration Panel Decisions and Rulings 13
  • Section   4 GENERAL PROVISIONS 13
  • Article   308 Arbitrators 13
  • Article   309 Relation with WTO Obligations 13
  • Article   310 Time Limits 13
  • Article   311 Modification of the Chapter 13
  • Chapter   15 MEDIATION MECHANISM 13
  • Article   312 Objective and Scope 13
  • Section   1 PROCEDURE UNDER THE MEDIATION MECHANISM 14
  • Article   313 Request for Information 14
  • Article   314 Initiation of the Procedure 14
  • Article   315 Selection of the Mediator 14
  • Article   316 Rules of the Mediation Procedure 14
  • Section   2 IMPLEMENTATION 14
  • Article   317 Implementation of a Mutually Agreed Solution 14
  • Section   3 GENERAL PROVISIONS 14
  • Article   318 Relationship to Dispute Settlement 14
  • Article   319 Time Limits 14
  • Article   320 Costs 14
  • Article   321 Review 14
  • Title   V ECONOMIC AND SECTOR COOPERATION 14
  • Chapter   1 ENERGY COOPERATION, INCLUDING NUCLEAR ISSUES 14
  • Article   322 14
  • Article   323 14
  • Article   324 14
  • Chapter   2 MACRO-ECONOMIC COOPERATION 14
  • Article   325 14
  • Article   326 14
  • Chapter   3 MANAGEMENT OF PUBLIC FINANCES: BUDGET POLICY, INTERNAL CONTROL AND EXTERNAL AUDIT 14
  • Article   327 14
  • Article   328 14
  • Chapter   4 TAXATION 14
  • Article   329 14
  • Article   330 14
  • Article   331 14
  • Article   332 14
  • Chapter   5 STATISTICS 14
  • Article   333 14
  • Article   334 14
  • Article   335 14
  • Article   336 14
  • Chapter   6 ENVIRONMENT 14
  • Article   337 14
  • Article   338 14
  • Article   339 15
  • Article   340 15
  • Article   341 15
  • Chapter   7 TRANSPORT 15
  • Article   342 15
  • Article   343 15
  • Article   344 15
  • Chapter   8 SPACE 15
  • Article   345 15
  • Article   346 15
  • Chapter   9 COOPERATION IN SCIENCE AND TECHNOLOGY 15
  • Article   347 15
  • Article   348 15
  • Article   349 15
  • Chapter   10 INDUSTRIAL AND ENTERPRISE POLICY 15
  • Article   350 15
  • Article   351 15
  • Chapter   11 MINING AND METALS 15
  • Article   352 15
  • Article   353 15
  • Chapter   12 FINANCIAL SERVICES 15
  • Article   354 15
  • Article   355 15
  • Article   356 15
  • Chapter   13 COMPANY LAW, CORPORATE GOVERNANCE, ACCOUNTING AND AUDITING 15
  • Article   357 15
  • Chapter   14 INFORMATION SOCIETY 15
  • Article   358 15
  • Article   359 15
  • Article   360 15
  • Article   361 15
  • Article   362 15
  • Chapter   15 AUDIO-VISUAL POLICY 15
  • Article   363 15
  • Article   364 15
  • Chapter   16 TOURISM 15
  • Article   365 15
  • Article   366 15
  • Article   367 15
  • Chapter   17 AGRICULTURE AND RURAL DEVELOPMENT 15
  • Article   368 15
  • Article   369 16
  • Chapter   18 FISHERIES AND MARITIME POLICIES 16
  • Section   1 FISHERIES POLICY 16
  • Article   370 16
  • Article   371 16
  • Chapter   18 FISHERIES AND MARITIME POLICIES 16
  • Section   1 FISHERIES POLICY 16
  • Article   370 16
  • Article   371 16
  • Article   372 16
  • Chapter   19 CONSUMER PROTECTION 16
  • Article   375 16
  • Article   376 16
  • Chapter   20 COOPERATION ON EMPLOYMENT, SOCIAL POLICY AND EQUAL OPPORTUNITIES 16
  • Article   377 16
  • Article   378 16
  • Article   379 16
  • Article   380 16
  • Article   381 16
  • Chapter   21 PUBLIC HEALTH 16
  • Article   382 16
  • Article   383 16
  • Chapter   22 EDUCATION, TRAINING, AND YOUTH 16
  • Article   384 16
  • Article   385 16
  • Article   386 16
  • Article   387 16
  • Article   388 16
  • Chapter   23 CULTURE 16
  • Article   389 16
  • Article   390 16
  • Article   391 16
  • Chapter   24 COOPERATION IN THE FIELD OF SPORT AND PHYSICAL ACTIVITY 16
  • Article   392 16
  • Chapter   25 CIVIL SOCIETY COOPERATION 16
  • Article   393 16
  • Article   394 16
  • Chapter   26 REGIONAL COOPERATION 16
  • Article   395 16
  • Title   VI FINANCIAL COOPERATION WITH ANTI-FRAUD PROVISIONS 16
  • Article   396 16
  • Article   397 17
  • Article   398 17
  • Article   399 17
  • Title   VII INSTITUTIONAL, GENERAL AND FINAL PROVISIONS 17
  • Chapter   1 INSTITUTIONAL FRAMEWORK 17
  • Article   400 17
  • Article   401 17
  • Article   402 17
  • Article   403 17
  • Article   404 17
  • Article   405 17
  • Chapter   2 GENERAL AND FINAL PROVISIONS 17
  • Article   406 Access to Courts and Administrative Organs 17
  • Article   407 Measures Related to Essential Security Interests 17
  • Article   408 Non-discrimination 17
  • Article   409 Fulfilment of Obligations 17
  • Article   410 Dispute Settlement 17
  • Article   411 Immediate Termination or Suspension of the Agreement 17
  • Article   412 Relation to other Agreements 17
  • Article   413 References to EU Law 17
  • Article   414 Annexes and Protocols 17
  • Article   415 Duration 17
  • Article   416 Territorial Application 17
  • Article   417 Authentic Texts 17
  • Article   418 Entry Into Force 17
  • Annex XII  ANNEX XII to Chapter 6 17
  • Annex XII-A  ANNEX XII-A to Chapter 6 17
  • Annex XII-D  ANNEX XII-D to Chapter 6 18
  • Annex XIX  ANNEX XIX to Chapter 14 18
  • Annex XX  ANNEX XX to Chapter 15 19