Ukraine - United Kingdom Free Trade and Strategic Partnership (2020)
Previous page Next page

The Government of Ukraine shall exempt any technical assistance and humanitarian aid provided and financed by the Government of the UK under this Agreement from the payment of all duties, fees, levies or any costs whatsoever, including VAT.

Article 398.

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

Article 399.

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

Title VII. INSTITUTIONAL, GENERAL AND FINAL PROVISIONS

Chapter 1. INSTITUTIONAL FRAMEWORK

Article 400.

The Parties shall establish a Strategic Partnership Dialogue which shall meet at the level and frequency agreed in accordance with Article 4 of this Agreement.

Article 401.

1. The Strategic Partnership Dialogue established by Article 400 of this Agreement shall consider any bilateral or international issues of mutual interest, including security, economic and migration issues, as well as any major issues arising within the framework of this Agreement. For the purposes of this Article, the UK recognises migration under the UN Global Compact for Migration, including but not limited to, visas, border security and returns policy.

2. In addition, the Strategic Partnership Dialogue shall supervise and monitor the application and implementation of this Agreement and periodically review the functioning of this Agreement in the light of its objectives.

Article 402.

1. The Strategic Partnership Dialogue shall consist of high-level officials or members of the Government of the United Kingdom, on the one hand, and of high- level officials or members of the Government of Ukraine, on the other.

2. The Strategic Partnership Dialogue shall establish its own rules of procedure.

3. The Strategic Partnership Dialogue may agree to set up committees and sub-committees to assist with the application and implementation of this Agreement, except in so far as it relates to Title IV (Trade and Trade-Related Matters). The Strategic Partnership Dialogue shall determine the composition, duties and functioning of any such committees and sub-committees. Any such committees and sub-committees shall report on their activities to the Strategic Partnership Dialogue regularly or upon the request of the Parties.

4. The existence of any committees or sub-committees shall not prevent either Party from bringing any matter directly to the Strategic Partnership Dialogue established under Article 400 of this Agreement.

5. Upon entry into force of this Agreement, any decisions adopted by the committees or sub-committees established by the EU-Ukraine Association Agreement before the EU-Ukraine Association Agreement ceased to apply to the United Kingdom shall, to the extent those decisions relate to the Parties to this Agreement, be deemed to have been adopted, mutatis mutandis and subject to the provisions of this Agreement, by the Strategic Partnership Dialogue established by Article 400 of this Agreement or the Trade Committee established by 404 of this Agreement.

6. Where appropriate, and by mutual agreement of the Parties, other bodies will take part as observers in the work of the Strategic Partnership Dialogue.

Article 403.

1. For the purpose of attaining the objectives of this Agreement, the Strategic Partnership Dialogue shall have the power to take decisions and make recommendations within the scope of this Agreement. It shall adopt its decisions and recommendations by agreement between the Parties and following completion of the Parties' respective internal procedures.

2. Decisions taken by the Strategic Partnership Dialogue shall be binding on the Parties, which shall take appropriate measures, including necessary action in specific bodies established under this Agreement, to implement the decisions taken.

3. In accordance with the provisions of paragraph 1 of this Article, the Strategic Partnership Dialogue may update or amend the Annexes to this Agreement, without prejudice to the powers of the Trade Committee in Article 405 or to any specific provisions of Title IV (Trade and Trade-related Matters) of this Agreement.

Article 404.

1. The Parties shall establish a Trade Committee, composed of the representatives of the Parties at the most appropriate level, to address all issues related to Title IV (Trade and Trade-related Matters) of this Agreement, as well as consider any other economic matters that may be relevant to the provisions of Title IV of this Agreement.

2. The Trade Committee shall supervise and monitor the application and implementation of Title IV of this Agreement and periodically review the functioning of Title IV of this Agreement in the light of its objectives.

3. The Trade Committee shall meet at least once a year, or as otherwise agreed by the Parties.

4. The Parties may establish specific rules of procedure for the Trade Committee.

5. The sub-committees established under Title IV of this Agreement shall inform the Trade Committee of the date and agenda of their meetings sufficiently in advance of their meetings. They shall report on their activities at each regular meeting of the Trade Committee.

6. The existence of any sub-committees shall not prevent either Party from bringing any matter directly to the Trade Committee.

7. Without prejudice to the powers of the Strategic Partnership Dialogue in Article 403 or to any specific provisions of Title IV (Trade and Trade-related Matters) of this Agreement, the Trade Committee may update or amend the Annexes to Title IV of this Agreement.

Article 405.

1. For the purpose of attaining the objectives of this Agreement, the Trade Committee shall have the power to take decisions and make recommendations within the scope of Title IV of this Agreement. It shall adopt its decisions and recommendations by agreement between the Parties and following completion of the Parties' respective internal procedures.

2. Decisions taken by the Trade Committee shall be binding on the Parties, which shall take appropriate measures, including necessary action in specific bodies established under this Agreement, to implement the decisions taken.

Chapter 2. GENERAL AND FINAL PROVISIONS

Article 406. Access to Courts and Administrative Organs

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

Article 407. Measures Related to Essential Security Interests

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

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

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

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

Article 408. Non-discrimination

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

(a) the arrangements applied by Ukraine in respect of the UK shall not give rise to any discrimination between UK nationals or legal entities;

(b) the arrangements applied by the United Kingdom in respect of Ukraine shall not give rise to any discrimination between Ukrainian nationals or legal entities.

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

Article 409. Fulfilment of Obligations

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

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

3. Any dispute related to the interpretation, implementation or good faith application of this Agreement shall be considered by the Parties in accordance with Article 410 of this Agreement within the Strategic Partnership Dialogue, which may settle a dispute by means of a binding decision.

Article 410. Dispute Settlement

1. When a dispute arises between the Parties concerning the interpretation, implementation, or good faith application of this Agreement, any Party shall submit to the other Party and the Strategic Partnership Dialogue created by Article 400 of this Agreement a formal request that the matter in dispute be resolved. By way of derogation, disputes concerning the interpretation, implementation, or good faith application of Title IV (Trade and Trade-related Matters) of this Agreement shall be exclusively governed by Chapter 14 (Dispute Settlement) of Title IV (Trade and Trade-related Matters) of this Agreement.

2. The Parties shall endeavour to resolve the dispute by entering into good faith consultations within the Strategic Partnership Dialogue created in Article 400, with the aim of reaching a mutually acceptable solution in the shortest time possible.

3. Notwithstanding the provisions of Article 400 of this Agreement if a Party makes a formal request that a dispute be resolved, the Parties shall meet in the Strategic Partnership Dialogue within one month of that request being made. The Parties shall ensure that the configuration of the Strategic Partnership Dialogue convened to consider the dispute is comprised of high officials or representatives at the most appropriate governmental level of both Parties. The Parties shall provide the Strategic Partnership Dialogue with all the information required for a thorough examination of the situation.

4. Notwithstanding the provisions of Article 400 of this Agreement, if a dispute is not resolved within a reasonable time through consultations, the Strategic Partnership Dialogue shall, at the request of any Party, meet monthly to discuss the dispute. A dispute shall be deemed to be resolved when the Strategic Partnership Dialogue has taken a binding decision to settle the matter as provided in paragraph 3 of Article 409 of this Agreement, or when it has declared that the dispute is at an end.

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

Article 411. Immediate Termination or Suspension of the Agreement

1. A Party may with immediate effect terminate the Agreement or suspend its operation in whole or in part only on the following grounds:

(a) denunciation of the Agreement by the other Party which is not sanctioned by the general rules of international law; or

(b) violation by the other Party of the essential elements in Article 2 of this Agreement.

2. Ifa Party invokes a ground listed in paragraph 1 (a) or (b) of this Article, Articles 409(2) and (3) and 410 shall not apply.

Article 412. Relation to other Agreements

1. Upon the entry into force of this Agreement, the Treaty on the Principles of Relations and Co-Operation between the United Kingdom of Great Britain and Northern Ireland and Ukraine, done at London on 10 February 1993 shall terminate with immediate effect, notwithstanding Article 22 of that Treaty.

2. The Parties may complement this Agreement by concluding specific agreements in any area falling within its scope. Such specific agreements shall be an integral part of the overall bilateral relations as governed by this Agreement and shall form part of a common institutional framework of the Parties.

Article 413. References to EU Law

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

2. In this Article "United Kingdom law" includes the law of the territories for whose international relations the United Kingdom is responsible to whom this Agreement extends, as set out in paragraph 1 of Article 416.

Article 414. Annexes and Protocols

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

Article 415. Duration

1. This Agreement is concluded for an unlimited period. The Parties shall provide for a comprehensive review of the achievement of objectives under this Agreement by mutual consent of the Parties.

2. Either Party may denounce this Agreement by written notification to the other Party. This Agreement shall terminate six months from the date of receipt of such notification by the other Party.

3. This Article shall not apply if the Agreement is terminated in accordance with Article 411.

Article 416. Territorial Application

1. This Agreement shall apply, to the extent that and under the conditions which the EU-Ukraine Association Agreement applied immediately before it ceased to apply to the United Kingdom, on the one hand, to the United Kingdom and the following territories for whose international relations it is responsible:

(a) Gibraltar;

(b) the Channel Islands and the Isle of Man and, on the other hand, to the territory of Ukraine.

2. The application of this Agreement, or of Title IV (Trade and Trade-related Matters) thereof, in relation to the Autonomous Republic of Crimea, the city of Sevastopol and parts of the Donetsk and Luhansk Oblasts of Ukraine defined in the Laws of Ukraine of 15 April 2014 Nr. 1207-VII "On Ensuring the Rights and Freedoms of Citizens and Legal Regime on the Temporarily Occupied Territory of Ukraine" and of 18 January 2018 Nr. 2268-VIII "On the Peculiarities of State Policy on Ensuring the State Sovereignty of Ukraine over Temporarily Occupied Territories in Donetsk and Luhansk Oblasts", shall commence once Ukraine ensures the full implementation and enforcement of this Agreement, or of Title IV (Trade and Trade- related Matters) thereof, on its entire territory.

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

Article 417. Authentic Texts

This Agreement is drawn up in the English and Ukrainian languages, both texts being equally authentic.

Article 418. Entry Into Force

1. This Agreement shall be subject to ratification or approval in accordance with the laws of each Party. Each Party shall notify the other Party in writing of the completion of those procedures.

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

(a) the date on which the EU-Ukraine Association Agreement ceases to apply to the United Kingdom, and

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

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

Conclusion

IN WITNESS WHEREOF the undersigned, being duly authorised, have signed this Agreement.

DONE at London, this eighth day of October, 2020, in two originals, in the English and Ukrainian languages, both texts being equally authentic.

For the United Kingdom of Great Britain and Northern Ireland:

BORIS JOHNSON

For Ukraine: 

VOLODYMYR ZELENSKYY

Attachments

Annex XII. ANNEX XII to Chapter 6

LIST OF RESERVATIONS ON ESTABLISHMENT; LIST OF COMMITMENTS ON CROSS-BORDER SUPPLY OF SERVICES; LIST OF RESERVATIONS ON CONTRACTUAL SERVICES SUPPLIERS AND INDEPENDENT PROFESSIONALS

United Kingdom

1. Reservations in conformity with Article 84(2) (Establishment): Annex XII-A

2. List of commitments in conformity with Article 91(1) (Cross-Border Supply): Annex XII-B

3. Reservations in conformity with Articles 97 (Contractual services suppliers) and 98 (Independent Professionals): Annex XII-C

Ukraine

4. Reservations in conformity with Article 84(1) (Establishment) Annex XII-D;

5. List of commitments in conformity with Article 91(1) (Cross-Border Supply): Annex XII-E

6. Reservations in conformity with Articles 97 (Contractual services suppliers) and 98 (Independent Professionals): Annex XII-F

7. The following abbreviations are used for the purpose of Annexes XII-A, XII- B, XIL-C:

UK United Kingdom

8. The following abbreviation is used for the purpose of Annexes XII-D, XII-E, XI-F:

UA Ukraine

Annex XII-A. ANNEX XII-A to Chapter 6

UNITED KINGDOM RESERVATIONS ON ESTABLISHMENT

(Referred to in Article 84(2))

1. The list below indicates the economic activities where reservations to national treatment or most favourable treatment by the United Kingdom pursuant to Article 84(2) apply to establishments and investors of Ukraine.

The list is composed of the following elements:

(a) A list of horizontal reservations applying to all sectors or sub-sectors.

(b) A list of sector or sub-sector-specific reservations indicating the sector or sub-sector concerned alongside the applicable reservation(s).

A reservation corresponding to an activity which is not liberalised (Unbound) is expressed as follows: "No national treatment and most favoured nation treatment obligations".

2. In accordance with Article 81(3) of the Agreement, the list below does not include measures concerning subsidies granted by the Parties.

3. The rights and obligations arising from the list below shall have no selfexecuting effect and thus confer no rights directly on natural or legal persons.

Horizontal reservations

Most-Favoured Nation

The United Kingdom reserves the right to adopt or maintain any measure which accords differential treatment to a country pursuant to any existing or future bilateral or multilateral agreement which:

a) creates an internal market in services and investment;

b) grants the right of establishment; or

c) requires the approximation of legislation in one or more economic sectors.

An internal market on services and establishment means an area without internal frontiers in which the free movement of services, capital and persons is ensured. 

The right of establishment means an obligation to abolish in substance all barriers to establishment among the parties to the regional economic integration agreement by the entry into force of that agreement. The right of establishment shall include the right of nationals of the parties to the regional economic integration agreement to set up and operate enterprises under the same conditions provided for nationals under the law of the country where such establishment takes place.

The approximation of legislation means:

(a) the alignment of the legislation of one or more of the parties to the regional economic integration agreement with the legislation of the other party or parties to that agreement; or

(b) the incorporation of common legislation into the law of the parties to the regional economic integration agreement.

Such alignment or incorporation shall take place, and shall be deemed to have taken place, only at such time that it has been enacted in the law of the party or parties to the regional economic integration agreement.

Public utilities

Economic activities considered as public utilities at a national or local level may be subject to public monopolies or to exclusive rights granted to private operators.

Investment and types of establishment

Treatment accorded to subsidiaries (of Ukraine companies) formed in accordance with the law of the United Kingdom and having their registered office, central administration or principal place of business within the United Kingdom is not extended to branches or agencies established in the United Kingdom by a Ukraine company.

Incorporation in the United Kingdom is required for establishment in some services sectors. (1)

1 For the sake of clarity, incorporation is to be understood as the establishment of a juridical person.

Sectoral reservations

Fishing and Aquaculture

Access to and use of the biological resources and fishing grounds situated in the maritime waters coming under the sovereignty or within the jurisdiction of the United Kingdom may be restricted to fishing vessels flying the flag of the United Kingdom unless otherwise provided for.

Mining and quarrying

No national treatment and most favourable treatment obligations with respect to juridical persons of Ukraine controlled (2) by natural or juridical persons of a country which accounts for more than 5% of the United Kingdom’s oil or natural gas imports, unless the United Kingdom provides comprehensive access to this sector to natural or juridical persons of this country, in the context of an economic integration agreement concluded with that country.

(2) A juridical person is controlled by other natural or juridical person(s) if the latter has/have the power to name a majority of its directors or otherwise legally direct its actions. In particular, ownership of more than 50% of the equity interest in a juridical person shall be deemed to constitute control.

Manufacturing

Manufacture of refined petroleum products (3)

No national treatment and most favourable treatment obligations with respect to juridical persons of Ukraine controlled (4) by natural or juridical persons of a country which accounts for more than 5% of the United Kingdom’s oil or natural gas imports, unless the United Kingdom provides comprehensive access to this sector to natural or juridical persons of this country, in the context of an economic integration agreement concluded with that country.

(3) The horizontal limitation on public utilities applies.
(4) A juridical person is controlled by other natural or juridical person(s) if the latter has/have the power to name a majority of its directors or otherwise legally direct its actions. In particular, ownership of more than 50% of the equity interest in a juridical person shall be deemed to constitute control.

Production, Transmission and distribution on own account of electricity, gas, steam and hot water (5) (excluding nuclear based electricity generation)

  • 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