Ukraine - United Kingdom Free Trade and Strategic Partnership (2020)
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(5) A legal person is controlled by another legal person if the latter has the power to name a majority of its directors or otherwise to legally direct its actions.
(6) The recipient establishment may be required to submit a training programme covering the duration of stay for prior approval, demonstrating that the purpose of the stay is for training. The competent authorities may require that the training be linked to the university degree which has been obtained.
(7) The service contract shall comply with the laws, regulations and legal requirements of the Party where the contract is executed.
(8) The service contract shall comply with the laws, regulations and legal requirements of the Party where the contract is executed.

Section 2. ESTABLISHMENT

Article 83. Scope

This Section applies to measures adopted or maintained by the Parties affecting establishment (9) in respect of all economic activities with the exception of:

(a) mining, manufacturing and processing (10) of nuclear materials;

(b) production of or trade in arms, munitions and war material;

(c) audio-visual services;

(d) national maritime cabotage (11), and

(e) domestic and international air transport services (12), whether scheduled or unscheduled, and services directly related to the exercise of traffic rights, other than:

(i) aircraft repair and maintenance services during which an aircraft is withdrawn from service;

(ii) the selling and marketing of air transport services;

(iii) computer reservation system (hereinafter referred to as "CRS") services;

(iv) ground handling services;

(v) airport operation services.

(9) Investment protection, other than the treatment deriving from Article 84 (National treatment), including investor-state dispute settlement procedure, is not covered by this Chapter.
(10) For greater certainty, processing of nuclear materials includes all the activities contained in UN ISIC Rev.3.1 code 2330.
(11) Without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, national cabotage under this Chapter covers transportation of passengers or goods between a port or point located in Ukraine or the United Kingdom and another port or point located in Ukraine or the United Kingdom, including on its continental shelf, as provided in the UN Convention on the Law on the Sea, and traffic originating and terminating in the same port or point located in Ukraine or the United Kingdom.
(12) The conditions of mutual market access in air transport shall be dealt with by the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ukraine concerning Air Services as amended from time to time.

Article 84. National Treatment and Most Favourable Nation Treatment

1. Subject to reservations listed in Annex XII-D to this Agreement, Ukraine shall grant, upon entry into force of this Agreement:

(i) as regards the establishment of subsidiaries, branches and representative offices of legal persons of the United Kingdom, treatment no less favourable than that accorded to its own legal persons, branches and representative offices or to any third-country legal persons, branches and representative offices, whichever is better;

(ii) as regards the operation of subsidiaries, branches and representative offices of legal persons of the United Kingdom in Ukraine, once established, treatment no less favourable than that accorded to its own legal persons, branches and representative offices; or to any third- country legal persons, branches and representative offices, whichever is better. (13)

2. Subject to reservations listed in Annex XII-A to this Agreement, the United Kingdom shall grant, upon entry into force of this Agreement:

(i) as regards the establishment of subsidiaries, branches and representative offices of legal persons of Ukraine, treatment no less favourable than that accorded by the United Kingdom to its own legal persons, branches and representative offices or to any third-country legal persons, branches and representative offices, whichever is better;

(ii) as regards the operation of subsidiaries, branches and representative offices of legal persons of Ukraine in the United Kingdom, once established, treatment no less favourable than that accorded to its own legal persons, branches and representative offices; or to any third- country legal persons, branches and representative offices, whichever is better. (14)

3. Subject to reservations listed in Annexes XI-A and XII-D to this Agreement, the Parties shall not adopt any new regulations or measures which introduce discrimination as regards the establishment of legal persons of the United Kingdom or of Ukraine on their territory or in respect of their operation, once established, by comparison with their own legal persons.

(13) This obligation does not extend to the investment protection provisions, including provisions relating to investor-state dispute settlement procedures, as found in other agreements and which are not covered by this Chapter.
(14) This obligation does not extend to the investment protection provisions not covered by this Chapter, including provisions relating to investor-state dispute settlement procedures, as found in other agreements.

Article 85. Review

1. With a view to progressively liberalising the establishment conditions, the Parties shall regularly review the establishment legal framework (15) and the establishment climate, consistent with their commitments under international agreements.

2. In the context of the review referred to in paragraph 1 of this Article, the Parties shall assess any obstacles to establishment that have been encountered and shall undertake negotiations to address such obstacles, with a view to deepening the provisions of this Chapter and to including investment protection provisions and investor-to-state dispute settlement procedures.

(15) This includes this Chapter and Annexes XII-A and XII-D.

Article 86. Other Agreements

Nothing in this Chapter shall be taken to limit the rights of investors of the Parties to benefit from any more favourable treatment provided for in any existing or future international agreement relating to investment to which the United Kingdom and Ukraine are parties.

Article 87. Standard of Treatment for Branches and Representative Offices

1. The provisions of Article 84 of this Agreement do not preclude the application by a Party of particular rules concerning the establishment and operation in its territory of branches and representative offices of legal persons of the other Party not incorporated in the territory of the first Party, which are justified by legal or technical differences between such branches and representative offices as compared to branches and representative offices of companies incorporated in its territory or, as regards financial services, for prudential reasons.

2. The difference in treatment shall not go beyond what is strictly necessary as a result of such legal or technical differences or, as regards financial services, for prudential reasons.

Section 3. CROSS-BORDER SUPPLY OF SERVICES

Article 88. Scope

This Section applies to measures of the Parties affecting the cross-border supply of all services sectors with the exception of:

(a) audio-visual services (16);

(b) national maritime cabotage (17); and

(c) domestic and international air transport services (18), whether scheduled or unscheduled, and services directly related to the exercise of traffic rights other than:

(i) aircraft repair and maintenance services during which an aircraft is withdrawn from service;

(ii) the selling and marketing of air transport services;

(iii) CRS services;

(iv) ground handling services;

(v) airport operation services.

(16) The exclusion of audio-visual services from the scope of this Chapter is without prejudice to the cooperation on audio-visual services under Title V on Economic and Sector Cooperation of this Agreement.
(17) Without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, national maritime cabotage under this Chapter covers transportation of passengers or goods between a port or point located in Ukraine or the United Kingdom and another port or point located in Ukraine or the United Kingdom, including on its continental shelf, as provided in the UN Convention on the Law of the Sea and traffic originating and terminating in the same port or point located in Ukraine or the United Kingdom.
(18) The conditions of mutual market access in air transport shall be dealt with by the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ukraine concerning Air Services as amended from time to time.

Article 89. Market Access

1. With respect to market access through the cross-border supply of services, each Party shall accord services and service suppliers of the other Party treatment no less favourable than that provided for in the specific commitments contained in Annexes XII-B and XII-E to this Agreement.

2. In sectors where market access commitments are undertaken, the measures which a Party shall not maintain or adopt either on the basis of a regional subdivision or on the basis of its entire territory, unless otherwise specified in Annex XII-B and XXI-E to this Agreement, are defined as:

(a) limitations on the number of services suppliers whether in the form of numerical quotas, monopolies, exclusive service suppliers or the tequirements of an economic needs test;

(b) limitations on the total value of service transactions or assets in the form of numerical quotas or the requirement of an economic needs test;

(c) limitations on the total number of service operations or on the total quantity of service output expressed in the terms of designated numerical units in the form of quotas or the requirement of an economic needs test.

Article 90. National Treatment

1. In Inthe sectors where market access commitments are inscribed in Annexes XII- B and XI-E to this Agreement, and subject to any conditions and qualifications set out therein, each Party shall grant to services and service suppliers of the other Party, in respect of all measures affecting the cross-border supply of services, treatment no less favourable than that it accords to its own like service and services suppliers.

2. A Party may meet the requirement of paragraph 1 of this Article by according to services and service suppliers of the other Party either formally identical treatment or formally different treatment to that it accords to its own like services and service suppliers.

3. Formally identical or formally different treatment shall be considered to be less favourable ifit modifies the conditions of competition in favour of services or service suppliers of the Party compared to like services or service suppliers of the other Party.

4. Specific commitments assumed under this Article shall not be construed in such a way as to require any Party to compensate for inherent competitive disadvantages which result from the foreign character of the relevant services or services suppliers.

Article 91. Lists of Commitments

1. The sectors liberalised by each of the Parties pursuant to this Chapter and, by means of reservations, the market access and national treatment limitations applicable to services and services suppliers of the other Party in those sectors are set out in lists of commitments contained in Annexes XII-B and XII-E to this Agreement.

2. Without prejudice to the Parties' rights and obligations as they exist or may arise under the Council of Europe's Convention on Transfrontier Television of 1989 and European Convention on Cinematographic Co-Production of 1992, lists of commitments in Annexes XII-B and XII-E to this Agreement do not include commitments on audio-visual services.

Article 92. Review

With a view to progressive liberalisation of the cross-border supply of services between the Parties, the Trade Committee shall regularly review the lists of commitments referred to in Article 91 of this Agreement. This review shall take into account the resultant impact on the elimination of remaining obstacles to cross- border supply of services between the Parties.

Section 4. TEMPORARY PRESENCE OF NATURAL PERSONS FOR BUSINESS PURPOSES

Article 93. Scope

This Section applies to measures of the Parties concerning the entry into and temporary stay (19) in their territory of categories of natural persons providing services as defined in Article 82(17) to (21) of this Agreement.

(19) All other requirements of the Parties' laws and regulations regarding entry, stay, work and social security measures shall continue to apply, including regulations concerning period of stay and minimum wages, as well as collective wage agreements. Commitments on movement of persons do not apply in cases where the intent or effect of such movement is to interfere in or otherwise affect the outcome of any labour/management dispute or negotiation.

Article 94. Key Personnel

1. A legal person of the United Kingdom or a legal person of Ukraine shall be entitled to employ, or have employed by one of its subsidiaries, branches and representative offices established in the territory of Ukraine or of the United Kingdom, respectively, in accordance with the legislation in force in the host country of establishment, employees who are nationals of the United Kingdom and of Ukraine, respectively, provided that such employees are key personnel as defined in Article 82 of this Agreement who are employed exclusively by legal persons, subsidiaries, branches and representative offices. The residence and work permits of such employees shall only cover the period of such employment. The entry and temporary stay of such employees shall be for a period of up to three years.

2. The entry into and temporary presence within the territory of the United Kingdom or Ukraine of natural persons of Ukraine and of the United Kingdom, respectively, shall be permitted when these natural persons are representatives of legal persons and are business visitors within the meaning of Article 82(17)(a) of this Agreement. Notwithstanding paragraph 1 of this Article, the entry and temporary stay of business visitors shall be for a period of up to 90 days in any 12-month period.

Article 95. Graduate Trainees

A legal person of the United Kingdom or a legal person of Ukraine shall be entitled to employ, or have employed by one of its subsidiaries, branches and representative offices established in the territory of Ukraine or of the United Kingdom, respectively, in accordance with the legislation in force in the host country of establishment, graduate trainees who are nationals of the United Kingdom and of Ukraine, respectively, provided that they are employed exclusively by legal persons, subsidiaries, branches and representative offices. The temporary entry and stay of graduate trainees shall be for a period of up to one year.

Article 96. Business Services Sellers

Each Party shall allow the temporary entry and stay of business services sellers for a period of up to 90 days in any 12-month period.

Article 97. Contractual Services Suppliers

1. the Parties Reaffirm Their Respective Obligations Arising from Their Commitments Under the General Agreement on Trade In Services of 1994 (hereinafter referred to as "GATS";) as Regards the Entry and Temporary Stay of Contractual Services Suppliers.

2. For every sector listed below, each Party shall allow the supply of services in their territory by contractual services suppliers of the other Party, subject to the conditions specified in paragraph 3 of this Article and in Annexes XII-C and XII-F to this Agreement on reservations on contractual service suppliers and independent professionals:

(a) Legal Services

(b) Accounting and Bookkeeping Services

(c) Taxation Advisory Services

(d) Architectural services, urban planning and landscape architectural services

(e) Engineering services, integrated engineering services

(f) Computer and related services

(g) Research and development services

(h) Advertising

(i) Management consulting services

(j) Services related to management consulting

(k) Technical testing and analysis services

(l) Related scientific and technical consulting services

(m) Maintenance and repair of equipment in the context of an after-sales or after-lease services contract

(n) Translation services

(o) Site investigation work

(p) Environmental services

(q) Travel agencies and tour operator services

(r) Entertainment services

3. The commitments undertaken by the Parties are subject to the following conditions:

(a) The natural persons must be engaged in the supply of a service on a temporary basis as employees of a juridical person, which has obtained a service contract not exceeding twelve months;

(b) The natural persons entering the other Party should be offering such services as employees of the juridical person supplying the services for at least the year immediately preceding the date of submission of an application for entry into the other Party. In addition, the natural persons must possess, at the date of submission of an application for entry into the other Party, at least three years professional experience (20) in the sector of activity which is the subject of the contract;

(c) The natural persons entering the other Party must possess:

(i) a university degree or a qualification demonstrating knowledge of an equivalent level (21); and

(ii) professional qualifications where this is required to exercise an activity pursuant to the laws, regulations or legal requirements of the Party where the service is supplied.

(d) The natural person shall not receive remuneration for the provision of services in the territory of the other Party other than the remuneration paid by the legal person employing the natural person;

(e) The entry and temporary stay of natural persons within the Party concerned shall be for a cumulative period of not more than six months in any twelve-month period or for the duration of the contract, whichever is less;

(f) Access accorded under the provisions of this Article relates only to the service activity, which is the subject of the contract and does not confer entitlement to exercise the professional title of the Party where the service is provided;

(g) The number of persons covered by the service contract shall not be larger than necessary to fulfil the contract, as it may be requested by the laws, regulations or other legal requirements of the Party where the service is supplied;

(h) Other discriminatory limitations, including on the number of natural persons in the form of economic needs tests, as specified in Annexes XII- C and XII-F to this Agreement on reservations on contractual service suppliers and independent professionals.

(20) Obtained after having reached the age of majority.
(21) Where the degree or qualification has not been obtained in the Party where the service is supplied, that Party may evaluate whether this is equivalent to a university degree required in its territory.

Article 98. Independent Professionals

1. The Parties reaffirm their respective obligations arising from their commitments under the GATS as regards the entry and temporary stay of independent professionals.

2. For every sector listed below, the Parties shall allow the supply of services in their territory by independent professionals of the other Party, subject to the conditions specified in paragraph 3 of this Article and in Annexes XII-C and XII-F to this Agreement on reservations on contractual service suppliers and independent professionals.

(a) Legal services

(b) Architectural services, urban planning and landscape architecture

(c) Engineering and integrated engineering services

(d) Computer and related services

(e) Management consulting services and services related to management consulting

(f) Translation services

3. The commitments undertaken by the Parties are subject to the following conditions:

(a) The natural persons must be engaged in the supply of a service on a temporary basis as self-employed persons established in the other Party and must have obtained a service contract for a period not exceeding 12 months;

(b) The natural persons entering the other Party must possess, at the date of submission of an application for entry into the other Party, at least six years professional experience in the sector of activity which is the subject of the contract;

(c) The natural persons entering the other Party must possess:

(i) a university degree or a qualification demonstrating knowledge of an equivalent level (22); and

(ii) professional qualifications where this is required to exercise an activity pursuant to the law, regulations or other legal requirements of the Party where the service is supplied.

(d) The entry and temporary stay of natural persons within the Party concerned shall be for a cumulative period of not more than six months in any twelve-month period or for the duration of the contract, whichever is less.

(e) Access accorded under the provisions of this Article relates only to the service activity which is the subject of the contract; it does not confer entitlement to use the professional title of the Party where the service is provided;

(f) Other discriminatory limitations, including on the number of natural persons in the form of economic needs tests, which are specified in Annexes XII-C and XII–F to this Agreement on reservations on contractual service suppliers and independent professionals.

(22) Where the degree or qualification has not been obtained in the Party where the service is supplied, that Party may evaluate whether this is equivalent to a university degree required in its territory.

Section 5. REGULATORY FRAMEWORK

Subsection 1. DOMESTIC REGULATION

Article 99. Scope and Definitions

1. The following disciplines apply to measures by the Parties relating to licensing that affect:

(a) cross-border supply of services;

(b) establishment in their territory of legal and natural persons defined in Article 82 of this Agreement; or

(c) temporary stay in their territory of categories of natural persons defined in Article 82(17) to (21) of this Agreement.

2. In the case of cross-border supply of services, these disciplines shall only apply to sectors for which the Party has undertaken specific commitments and to the extent that these specific commitments apply. In the case of establishment, these disciplines shall not apply to sectors to the extent that a reservation is listed in accordance with Annexes XII-A and XII-D to this Agreement. In the case of temporary stay of natural persons, these disciplines shall not apply to sectors for which a reservation is listed in accordance with Annexes XII-C and XII-F to this Agreement.

3. These disciplines do not apply to measures to the extent that they constitute limitations subject to scheduling under Articles 84, 89 and 90 of this Agreement.

4. For the purposes of this Section:

(a) "Licensing" means the process through which a service supplier or an investor is in effect required to take steps in order to obtain from a competent authority a decision concerning the authorisation to supply a service, including through establishment, or concerning the authorisation to establish in an economic activity other than services, including a decision to amend or renew such authorisation.

(b) “Competent authority" means any central, regional or local government and authority or non-governmental body in the exercise of powers delegated by central or regional or local governments or authorities, which takes a decision concerning licensing.

(c) "Licensing procedures" shall mean the procedures to be followed as a part of licensing. ARTICLE 100 Conditions for Licensing

1. Licensing shall be based on criteria which preclude the competent authorities from exercising their power of assessment in an arbitrary manner.

2. The criteria referred to in paragraph 1 of this Article shall be: (a) proportionate to a legitimate public policy objective; (b) clear and unambiguous; (c) objective; (d) pre-established; (e) made public in advance; () ‘transparent and accessible.

3. A licence shall be granted as soon as it is established, in the light of an appropriate examination, that the conditions for obtaining a licence have been met.

  • 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