EU - Georgia Association Agreement (2014)
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3. The provisions on border measures in this Article are of procedural nature. They set out the conditions and procedures for action by the customs authorities where goods suspected of infringing an intellectual property right are, or should have been, under customs control. They shall not affect in any way the substantive law of the Parties on intellectual property.

4. To facilitate the effective enforcement of intellectual property rights, the customs authorities shall adopt a range of approaches to identify shipments containing goods suspected of infringing intellectual property rights. These approaches include risk analysis techniques based, inter alia, on information provided by rights holders, intelligence gathered and cargo inspections.

5. The Parties agree to effectively implement Article 69 of the TRIPS Agreement in respect of international trade in goods suspected of infringing intellectual property rights. For that purpose, the Parties shall establish and notify contact points in their customs administrations and shall be ready to exchange data and information on trade in such goods affecting both Parties. They shall, in particular, promote the exchange of information and cooperation between customs authorities with regard to trade in counterfeit trademark goods and pirated copyright goods. Without prejudice to the provisions of Protocol II on Mutual Administrative Assistance in Customs Matters to this Agreement customs authorities shall, where appropriate, exchange such information swiftly and with due respect to data protection laws of the Parties.

6. The customs authorities of each Party shall cooperate, upon request or upon their own initiative, to provide relevant available information to the customs authorities of the other Party, in particular for goods in transit through the territory of a Party destined for (or originating in) the other Party.

7. The Sub-Committee referred to in Article 74 of this Agreement shall establish the necessary practical arrangements concerning the exchange of data and information referred to in this Article.

8. Protocol II on Mutual Administrative Assistance in Customs Matters to this Agreement shall be applicable in respect to breaches of intellectual property rights, without prejudice to forms of cooperation resulting from the application of paragraphs 5 to 7 of this Article.

9. The Sub-Committee referred to in Article 74 of this Agreement shall act as the responsible Sub-Committee to ensure the proper functioning and implementation of this Article.

Article 201. Codes of Conduct

The Parties shall encourage:

(a) the development by trade or professional associations or organisations of codes of conduct aimed at contributing towards the enforcement of intellectual property rights.

(b) the submission to their respective competent authorities of draft codes of conduct and of any evaluations of the application of those codes of conduct.

Article 202. Cooperation

1. The Parties agree to cooperate with a view to supporting the implementation of the commitments and obligations undertaken under this Chapter.

2. Areas of cooperation include, but are not limited to, the following activities:

(a) exchange of information on the legal framework concerning intellectual property rights and relevant rules of protection and enforcement; exchange of experiences on legislative progress in those areas;

(b) exchange of experiences and information on the enforcement of intellectual property rights;

(c) exchange of experiences on central and sub-central enforcement by customs, police, administrative and judiciary bodies; coordination to prevent exports of counterfeit goods, including with other countries;

(d) capacity-building; exchange and training of personnel;

(e) promotion and dissemination of information on intellectual property rights in, inter alia, business circles and civil society; public awareness of consumers and right holders;

(f) enhancement of institutional cooperation, for example between intellectual property offices;

(g) actively promoting awareness and education of the general public on policies concerning intellectual property rights: formulate effective strategies to identify key audiences and create communication programmes to increase consumer and media awareness on the impact of intellectual property violations, including the risk to health and safety and the connection to organised crime.

Chapter 10. Competition

Article 203. Principles

The Parties recognise the importance of free and undistorted competition in their trade relations. The Parties acknowledge that anti-competitive business practices and state interventions (including subsidies) have the potential to distort the proper functioning of markets and undermine the benefits of trade liberalisation.

Article 204. Antitrust and Mergers Legislation and Its Implementation

1. Each Party shall maintain in its respective territory comprehensive competition laws, which effectively address anti-competitive agreements, concerted practices and anti-competitive unilateral conduct of enterprises with dominant market power and which provide effective control of concentrations to avoid significant impediment to effective competition and abuse of dominant position.

2. Each Party shall maintain an authority responsible and appropriately equipped for the effective enforcement of the competition laws referred to in paragraph 1.

3. The Parties recognise the importance of applying their respective competition laws in a transparent and non-discriminatory manner, respecting the principles of procedural fairness and rights of defence of the enterprises concerned.

Article 205. State Monopolies, State Enterprises and Enterprises Entrusted with Special or Exclusive Rights

1. Nothing in this Chapter prevents a Party from designating or maintaining state monopolies, state enterprises or to entrust enterprises with special or exclusive rights in accordance with its respective laws.

2. With regard to state monopolies of a commercial character, state enterprises and enterprises entrusted with special or exclusive rights, each Party shall ensure that such enterprises are subject to the competition laws referred to in Article 204(1), in so far as the application of those laws does not obstruct the performance, in law or in fact, of the particular tasks of public interest assigned to the enterprises in question.

Article 206. Subsidies

1. For the purpose of this Article, a ‘subsidy' is a measure which fulfils the conditions of Article 1 of the SCM Agreement irrespective whether it is granted in relation to the production of goods or the supply of services and which is specific within the meaning of Article 2 of that Agreement.

2. Each Party shall ensure transparency in the area of subsidies. To that end, each Party shall report every two years to the other Party on the legal basis, the form, the amount or the budget and, where possible, the recipient of the subsidy granted by its government or a public body in relation to the production of goods. Such report is deemed to have been provided if the relevant information is made available by each Party on a publicly accessible website.

3. On request of a Party, the other Party shall promptly provide information and respond to questions pertaining to particular subsidies relating to the supply of services.

Article 207. Dispute Settlement

The provisions on the dispute settlement mechanism in Chapter 14 (Dispute Settlement) of Title IV (Trade and Trade- related Matters) of this Agreement shall not apply to Articles 203, 204 and 205 of this Agreement.

Article 208. Relationship with the WTO

The provisions of this Chapter are without prejudice to the rights and obligations of a Party under the WTO Agreement, in particular the SCM Agreement and the Dispute Settlement Understanding (DSU).

Article 209. Confidentiality

When exchanging information under this Chapter the Parties shall take into account the limitations imposed by the requirements of professional and business secrecy in their respective jurisdictions.

Chapter 11. Trade-related Energy Provisions

Article 210. Definitions

For the purposes of this Chapter:

(a) ‘energy goods' means crude oil (HS code 27.09), natural gas (HS code 27.11) and electrical energy (HS code 27.16);

(b) ‘energy transport facilities' means high-pressure natural gas transmission pipelines; high-voltage electricity transmission grids and lines, including interconnectors used to connect different gas or electricity transmission networks; crude oil transmission pipelines, railways and other fixed facilities handling the transit of energy goods.

(c) ‘transit' means the passage of energy goods across the territory of a Party, with or without trans-shipment, warehousing, breaking bulk, or change in the mode of transport, where such passage is only a portion of a complete journey beginning and terminating beyond the frontier of the Party across whose territory the traffic passes.

(d) ‘unauthorised taking' means any activity consisting of the unlawful taking of energy goods from energy transport facilities.

Article 211. Transit

The Parties shall ensure transit, consistent with their international commitments in accordance with the provisions of GATT 1994 and the Energy Charter Treaty.

Article 212. Unauthorised Taking of Goods In Transit

Each Party shall take all necessary measures to prohibit and address any unauthorised taking of energy goods in transit through its territory by any entity subject to that Party's control or jurisdiction.

Article 213. Uninterrupted Transit

1. A Party shall not take from or interfere otherwise with the transit of energy goods through their territory, except where such taking or other interference is specifically provided for in a contract or other agreement governing such transit or where a continued operation of the energy transport facilities without prompt corrective action creates an unreasonable threat to public security, cultural heritage, health, safety or the environment, subject to the requirement that such action is not carried out in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction of international trade.

2. In the event of a dispute over any matter involving the Parties or one or more entities subject to the control or jurisdiction of one of the Parties, a Party through the territory of which the transit of energy goods takes place shall not, prior to the conclusion of a dispute resolution procedure under the relevant contract or of an emergency procedure under Annex XVIII to this Agreement or under Chapter 14 (Dispute Settlement) of Title IV (Trade and Trade-related Matters) of this Agreement, interrupt or reduce such transit, or permit any entity subject to its control or jurisdiction, including a state trading enterprise, to interrupt or reduce such transit, except under the circumstances provided in paragraph 1.

3. A Party shall not be held liable for an interruption or reduction of transit pursuant to this Article where that Party is unable to supply or to transit energy goods as a result of actions attributable to a third country or an entity under the control or jurisdiction of a third country.

Article 214. Transit Obligation for Operators

Each Party shall ensure that operators of energy transport facilities take the necessary measures to: (a) minimise the risk of accidental interruption or reduction of transit; (b) expeditiously restore the normal operation of such transit, which has been accidentally interrupted or reduced.

Article 215. Regulatory Authorities

1. Each Party shall designate independent regulatory authorities empowered to regulate the gas and electricity markets. These regulatory authorities shall be legally distinct and functionally independent from any other public or private enterprise, market participant or operator.

2. The decisions of and the procedures used by a regulatory authority shall be impartial with respect to all market participants.

3. An operator affected by any decision of a regulatory authority shall have the right to appeal against that decision to an appeal body which is independent of the parties involved. Where the appeal body is not judicial in character, written reasons for its decision shall always be given and its decisions shall also be subject to review by an impartial and independent judicial authority. Decisions taken by appeal bodies shall be effectively enforced.

Article 216. Organisation of Markets

1. The Parties shall ensure that energy markets are operated with a view to achieving competitive, secure and environmentally sustainable conditions and shall not discriminate between enterprises as regards rights or obligations.

2. Notwithstanding paragraph 1, a Party may impose on enterprises, in the general economic interest, obligations which may relate to security, including security of supply; regularity, quality and price of supplies; and environmental protection, including energy efficiency, energy from renewable sources and climate protection. Such obligations shall be clearly defined, transparent, proportionate and verifiable.

3. Where a Party regulates the price at which gas and electricity are sold on the domestic market, that Party shall ensure that the methodology underlying the calculation of the regulated price is published prior to the entry into force of the regulated price.

Article 217. Access to Energy Transport Facilities

1. Each Party shall ensure on its territory the implementation of a system of third party access to energy transport facilities and Liquefied Natural Gas and storage facilities applicable to all users and applied in a transparent, objective and non-discriminatory manner.

2. Each Party shall ensure that the access tariff to energy transport facilities and all other conditions related to access to an energy transport facility are objective, reasonable, transparent and shall not discriminate on the basis of origin, ownership or destination of the energy good.

3. Each Party shall ensure that all technical and contracted capacity, both physical and virtual, is allocated through transparent and non-discriminatory criteria and procedures.

4. In case of refusal to grant third party access, the Parties shall ensure that, upon request, the energy transport facility operators provide a duly substantiated explanation to the requesting party, subject to legal redress.

5. A Party may exceptionally derogate from the provisions in paragraphs 1 to 4 according to objective criteria laid down in its legislation. In particular, a Party may implement in its legislation a possibility to grant, on a case-by-case basis, for a limited period of time, an exemption to the third party access rules for major new energy transport facilities.

Article 218. Relationship with the Energy Community Treaty  (1)

1. In the event of a conflict between the provisions of this Chapter and the provisions of the Energy Community Treaty or the provisions of the Union legislation made applicable under the Energy Community Treaty, the provisions of the Energy Community Treaty or the provisions of the Union legislation made applicable under the Energy Community Treaty shall prevail to the extent of such conflict.

2. In implementing this Chapter, preference shall be given to the adoption of legislation or other acts which are consistent with the Energy Community Treaty or are based on the legislation applicable in the Union. In the event of a dispute as regards this Chapter, legislation or other acts which meet these criteria shall be presumed to conform to this Chapter. In assessing whether the legislation or other acts meet these criteria, any relevant decision taken under Article 91 of the Energy Community Treaty shall be taken into account.

(1) For the purposes of the implementation of this Chapter by Georgia, this Article shall apply only if and when Georgia has become a party to the Energy Community Treaty and to the extent the specific provisions of the Energy Community Treaty or of the Union legislation made applicable under the Energy Community Treaty are applicable to Georgia.

Chapter 12. Transparency

Article 219. Definitions

For the purposes of this Chapter:

(a) ‘measure of general application' includes laws, regulations, judicial decisions, procedures and administrative rulings that may have an impact on any matter covered by Title IV (Trade and Trade-related Matters) of this Agreement. It does not include measures that are addressed to a particular person or a group of persons;

(b) ‘interested person' means any natural or legal person established in the territory of a Party that may be directly affected by a measure of general application.

Article 220. Objective

Recognising the impact which regulatory environment may have on trade and investment between the Parties, the Parties shall provide a predictable regulatory environment for economic operators and efficient procedures, including for small and medium-sized enterprises, taking due account of the requirements of legal certainty and proportionality.

Article 221. Publication

1. Each Party shall ensure that measures of general application:

(a) are promptly and readily available via an officially designated medium and where feasible, electronic means, in such a manner as to enable any person to become acquainted with them;

(b) provide an explanation of the objective of, and the rationale for, such measures; and

(c) allow for sufficient time between the publication and entry into force of such measures, except in duly justified cases including security or emergency issues.

2. Each Party shall:

(a) endeavour to make publicly available at an appropriate early stage any proposal to adopt or to amend any measure of general application, including an explanation of the objective of, and rationale for such proposal;

(b) provide reasonable opportunities for interested persons to comment on such proposal, allowing, in particular, for sufficient time for such opportunities; and

(c) endeavour to take into consideration the comments received from interested persons with respect to such proposal.

Article 222. Enquiries and Contact Points

1. In order to facilitate the communication between the Parties on any matter covered by Title IV (Trade and Trade-related Matters) of this Agreement, each Party shall designate a contact point acting as coordinator.

2. Each Party shall establish or maintain appropriate mechanisms for responding to enquiries from any person regarding any measure of general application which is proposed or in force, and its application. Enquiries may be addressed through the contact point established under paragraph 1 or through any other mechanism, as appropriate.

3. The Parties recognise that any response provided for in paragraph 2 may not be definitive or legally binding but for information purposes only, unless otherwise provided for in their respective laws and regulations.

4. Upon request of a Party, the other Party shall promptly provide information and respond to questions pertaining to any measure of general application or any proposal to adopt or to amend any measure of general application that the requesting Party considers might affect the operation of Title IV (Trade and Trade-related Matters) of this Agreement, regardless of whether the requesting Party has been previously notified of that measure.

Article 223. Administration of Measures of General Application

1. Each Party shall administer in an objective, impartial and reasonable manner all measures of general application.

2. To that end, each Party, in applying such measures to particular persons, goods or services of the other Party in specific cases, shall:

(a) endeavour to provide interested persons, that are directly affected by an administrative proceeding, with a reasonable notice, in accordance with its procedures, when a proceeding is initiated, including a description of the nature of the proceeding, a statement of the legal authority under which the proceeding is initiated and a general description of any issues in controversy;

(b) afford such interested persons a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative action, in so far as the time, the nature of the proceeding and the public interest permit; and

(c) ensure that its procedures are based on and carried out in accordance with its law.

Article 224. Review and Appeal

1. Each Party shall establish or maintain judicial, arbitral or administrative tribunals or procedures for the purpose of the prompt review and, where warranted, correction of administrative action relating to matters covered by Title IV (Trade and Trade-related Matters) of this Agreement. Such tribunals or procedures shall be impartial and independent of the office or authority entrusted with administrative enforcement and those responsible for them shall not have any substantial interest in the outcome of the matter.

2. Each Party shall ensure that, in any such tribunals or procedures, the parties to the proceeding are provided with the right to:

(a) a reasonable opportunity to support or defend their respective positions; and

(b) a decision based on the evidence and the submissions of record or, where required by its law, the record compiled by the administrative authority.

3. Each Party shall ensure that, subject to appeal or further review as provided for in its law, such decision shall be implemented by, and shall govern the practice of, the office or the authority with respect to the administrative action at issue.

Article 225. Regulatory Quality and Performance and Good Administrative Behaviour

1. The Parties agree to cooperate in promoting regulatory quality and performance, including through exchange of information and best practices on their respective regulatory policies and regulatory impact assessments.

2. The Parties recognise the importance of the principles of good administrative behaviour (1) and agree to cooperate in promoting such principles, including through exchange of information and best practices.

(1) As expressed in the Council of Europe's Recommendation of the Committee of Ministers to Member States on good administration, CM/Rec(2007)7 of 20 June 2007.

Article 226. Specific Rules

The provisions of this Chapter shall apply without prejudice to any specific rules on transparency established in other Chapters of Title IV (Trade and Trade-related Matters) of this Agreement.

Chapter 13. Trade and Sustainable Development

Article 227. Context and Objectives

1. The Parties recall the Agenda 21 of the United Nations Conference on Environment and Development of 1992, the International Labour Organisation's (ILO) Declaration on Fundamental Principles and Rights at Work of 1998, the Johannesburg Plan of Implementation on Sustainable Development of 2002, the Ministerial Declaration of the United Nations Economic and Social Council on Generating Full and Productive Employment and Decent Work for All of 2006, and the ILO Declaration on Social Justice for a Fair Globalisation of 2008. The Parties reaffirm their commitment to promote the development of international trade in such a way as to contribute to the objective of sustainable development, for the welfare of present and future generations, and to ensure that this objective is integrated and reflected at every level of their trade relationship.

2. The Parties reaffirm their commitment to pursue sustainable development and recognise that economic development, social development and environmental protection are its interdependent and mutually reinforcing pillars. They underline the benefit of considering trade-related labour (2) and environmental issues as part of a global approach to trade and sustainable development.

(2) When labour is referred to in this Chapter, it includes the issues relevant to the strategic objectives of the ILO, through which the Decent Work Agenda is expressed, as agreed on in the ILO 2008 Declaration on Social Justice for a Fair Globalisation.

Article 228. Right to Regulate and Levels of Protection

1. The Parties recognise the right of each Party to determine its sustainable development policies and priorities, to establish its own levels of domestic environmental and labour protection, and to adopt or modify accordingly its relevant law and policies, consistently with their commitment to the internationally recognised standards and agreements referred to in Articles 229 and 230 of this Agreement.

2. In that context, each Party shall strive to ensure that its law and policies provide for and encourage high levels of environmental and labour protection and shall strive to continue to improve its law and policies and the underlying levels of protection.

Article 229. Multilateral Labour Standards and Agreements

1. The Parties recognise full and productive employment and decent work for all as key elements for managing globalisation, and reaffirm their commitment to promote the development of international trade in a way that is conducive to full and productive employment and decent work for all. In this context, the Parties commit to consulting and cooperating as appropriate on trade-related labour issues of mutual interest.

2. In accordance with their obligations as members of the ILO and the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up, adopted by the International Labour Conference at its 86th Session in 1998, the Parties commit to respecting, promoting and realising in their law and practice and in their whole territory the internationally recognised core labour standards, as embodied in the fundamental ILO conventions, and in particular:

(a) the freedom of association and the effective recognition of the right to collective bargaining;

(b) the elimination of all forms of forced or compulsory labour;

(c) the effective abolition of child labour; and

(d) the elimination of discrimination in respect of employment and occupation.

3. The Parties reaffirm their commitment to effectively implement in their law and practice the fundamental, the priority and other ILO conventions ratified by Georgia and the Member States respectively.

4. The Parties will also consider the ratification of the remaining priority and other conventions that are classified as up-to-date by the ILO. The Parties shall regularly exchange information on their respective situation and developments in this regard.

5. The Parties recognise that the violation of fundamental principles and rights at work cannot be invoked or otherwise used as a legitimate comparative advantage and that labour standards should not be used for protectionist trade purposes.

Article 230. Multilateral Environmental Governance and Agreements

1. The Parties recognise the value of multilateral environmental governance and agreements as a response of the international community to global or regional environmental problems, and stress the need to enhance the mutual supportiveness between trade and environmental policies. In this context, the Parties commit to consult and cooperate as appropriate with respect to negotiations on trade-related environmental issues and with respect to other trade-related environmental matters of mutual interest.

2. The Parties reaffirm their commitment to effectively implement in their law and practice the multilateral environmental agreements (MEAs) to which they are party.

3. The Parties shall regularly exchange information on their respective situation and advancements as regards ratifications of MEAs or amendments to such agreements.

4. The Parties reaffirm their commitment to reaching the ultimate objective of the United Nations Framework Convention on Climate Change (UNFCCC) and the Protocol thereto (Kyoto Protocol). They commit to cooperate on the development of the future international climate change framework under the UNFCCC and its related agreements and decisions.

5. Nothing in this Agreement shall prevent the Parties from adopting or maintaining measures to implement the MEAs to which they are party, provided that such measures are not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination between the Parties or a disguised restriction on trade.

Article 231. Trade and Investment Promoting Sustainable Development

The Parties reconfirm their commitment to enhance the contribution of trade to the goal of sustainable development in its economic, social and environmental dimensions. Accordingly:

(a) the Parties recognise the beneficial role that core labour standards and decent work can have on economic efficiency, innovation and productivity, and they shall seek greater policy coherence between trade policies, on the one hand, and labour policies on the other;

(b) the Parties shall strive to facilitate and promote trade and investment in environmental goods and services, including through addressing related non-tariff barriers;

(c) the Parties shall strive to facilitate the removal of obstacles to trade or investment concerning goods and services of particular relevance to climate change mitigation, such as sustainable renewable energy and energy efficient products and services. This may include the adoption of appropriate technologies and the promotion of standards that respond to environmental and economic needs and minimise technical obstacles to trade;

(d) the Parties agree to promote trade in goods that contribute to enhanced social conditions and environmentally sound practices, including goods that are the subject of voluntary sustainability assurance schemes such as fair and ethical trade schemes and eco-labels;

(e) the Parties agree to promote corporate social responsibility, including through exchange of information and best practices. In this regard, the Parties refer to the relevant internationally recognised principles and guidelines, especially the OECD Guidelines for Multinational Enterprises.

Article 232. Biological Diversity

1. The Parties recognise the importance of ensuring the conservation and the sustainable use of biological diversity as a key element for the achievement of sustainable development, and reaffirm their commitment to conserve and sustainably use biological diversity, in accordance with the Convention on Biological Diversity and other relevant international instruments to which they are party.

2. To that end, the Parties commit to:

(a) promoting trade in natural resource-based products obtained through a sustainable use of biological resources and contributing to the conservation of biodiversity;

  • Article   1 Objectives 1
  • Title   I GENERAL PRINCIPLES 1
  • Article   2 General Principles 1
  • Title   II POLITICAL DIALOGUE AND REFORM, COOPERATION IN THE FIELD OF FOREIGN AND SECURITY POLICY 1
  • Article   3 Aims of Political Dialogue 1
  • Article   4 Domestic Reform 1
  • Article   5 Foreign and Security Policy 1
  • Article   6 Serious Crimes of International Concern 1
  • Article   7 Conflict Prevention and Crisis Management 1
  • Article   8 Regional Stability 1
  • Article   9 Peaceful Conflict Resolution 1
  • Article   10 Weapons of Mass Destruction 1
  • Article   11 Small Arms and Light Weapons and Conventional Arms Exports Control 1
  • Article   12 Fight Against Terrorism 1
  • Title   III FREEDOM, SECURITY AND JUSTICE 1
  • Article   13 Rule of Law and Respect for Human Rights and Fundamental Freedoms 1
  • Article   14 Protection of Personal Data 2
  • Article   15 Cooperation on Migration, Asylum and Border Management 2
  • Article   16 Movement of Persons and Readmission 2
  • Article   17 The Fight Against Organised Crime and Corruption 2
  • Article   18 Illicit Drugs 2
  • Article   19 Money Laundering and Terrorism Financing 2
  • Article   20 Cooperation In the Fight Against Terrorism 2
  • Article   21 Legal Cooperation 2
  • Title   IV TRADE AND TRADE-RELATED MATTERS 2
  • Chapter   1 National Treatment and Market Access for Goods 2
  • Section   1 Common Provisions 2
  • Article   22 Objective 2
  • Article   23 Scope and Coverage 2
  • Section   2 Elimination of Customs Duties, Fees and other Charges 2
  • Article   24 Definition of Customs Duties 2
  • Article   25 Classification of Goods 2
  • Article   26 Elimination of Customs Duties on Imports 2
  • Article   27 Anti-circumvention Mechanism for Agricultural Products and Processed Agricultural Products 2
  • Article   28 Standstill 2
  • Article   29 Customs Duties on Exports 2
  • Article   30 Fees and other Charges 2
  • Section   3 Non-tariff Measures 2
  • Article   31 National Treatment 2
  • Article   32 Import and Export Restrictions 2
  • Section   4 Specific Provisions Related to Goods 2
  • Article   33 General Exceptions 2
  • Section   5 Administrative Cooperation and Coordination with other Countries 2
  • Article   34 Temporary Withdrawal of Preferences 2
  • Article   35 Management of Administrative Errors 2
  • Article   36 Agreements with other Countries 2
  • Chapter   2 Trade Remedies 2
  • Section   1 Global Safeguard Measures 2
  • Article   37 General Provisions 2
  • Article   38 Transparency 2
  • Article   39 Application of Measures 2
  • Section   2 Anti-dumping and Countervailing Measures 2
  • Article   40 General Provisions 2
  • Article   41 Transparency 2
  • Article   42 Consideration of Public Interest 2
  • Article   43 Lesser Duty Rule 2
  • Chapter   3 Technical Barriers to Trade, Standardisation, Metrology, Accreditation and Conformity Assessment 2
  • Article   44 Scope and Definitions 2
  • Article   45 Affirmation of the TBT Agreement 2
  • Article   46 Technical Cooperation 2
  • Article   47 Approximation of Technical Regulations, Standards, and Conformity Assessment 3
  • Article   48 Agreement on Conformity Assessment and Acceptance of Industrial Products (ACAA) 3
  • Article   49 Marking and Labelling 3
  • Chapter   4 Sanitary and Phytosanitary Measures 3
  • Article   50 Objective 3
  • Article   51 Multilateral Obligations 3
  • Article   52 Scope 3
  • Article   53 Definitions 3
  • Article   54 Competent Authorities 3
  • Article   55 Gradual Approximation 3
  • Article   56 Recognition for Trade Purposes of Animal Health and Pest Status and Regional Conditions 3
  • Article   57 Recognition of Equivalence 3
  • Article   58 Transparency and Exchange of Information 3
  • Article   59 Notification, Consultation and Facilitation of Communication 3
  • Article   60 Trade Conditions 3
  • Article   61 Certification Procedure 4
  • Article   62 Verification 4
  • Article   63 Import Checks and Inspection Fees 4
  • Article   64 Safeguard Measures 4
  • Article   65 Sanitary and Phytosanitary Sub-Committee 4
  • Chapter   5 Customs and Trade Facilitation 4
  • Article   66 Objectives 4
  • Article   67 Legislation and Procedures 4
  • Article   68 Relations with the Business Community 4
  • Article   69 Fees and Charges 4
  • Article   70 Customs Valuation 4
  • Article   71 Customs Cooperation 4
  • Article   72 Mutual Administrative Assistance In Customs Matters 4
  • Article   73 Technical Assistance and Capacity Building 4
  • Article   74 Customs Sub-committee 4
  • Article   75 Approximation of Customs Legislation 4
  • Chapter   6 Establishment, Trade In Services and Electronic Commerce 4
  • Section   1 General Provisions 4
  • Article   76 Objective, Scope and Coverage 4
  • Article   77 Definitions 4
  • Section   2 Establishment 5
  • Article   78 Scope 5
  • Article   79 National Treatment and Most Favoured Nation Treatment 5
  • Article   80 Review 5
  • Article   81 Other Agreements 5
  • Article   82 Standard of Treatment for Branches and Representative Offices 5
  • Section   3 Cross-border Supply of Services 5
  • Article   83 Scope 5
  • Article   84 Market Access 5
  • Article   85 National Treatment 5
  • Article   86 Lists of Commitments 5
  • Article   87 Review 5
  • Section   4 Temporary Presence of Natural Persons or Business Persons 5
  • Article   88 Scope and Definitions 5
  • Article   89 Key Personnel and Graduate Trainees 5
  • Article   90 Business Sellers 5
  • Article   91 Contractual Service Suppliers 5
  • Article   92 Independent Professionals 5
  • Section   5 Regulatory Framework 5
  • Subsection   1 Domestic Regulation 5
  • Article   93 Scope and Definitions 5
  • Article   94 Conditions for Licencing and Qualification 5
  • Article   95 Licencing and Qualification Procedures 5
  • Subsection   2 Provisions of General Application 6
  • Article   96 Mutual Recognition 6
  • Article   97 Transparency and Disclosure of Confidential Information 6
  • Subsection   3 Computer Services 6
  • Article   98 Understanding on Computer Services 6
  • Subsection   4 Postal and Courier Services 6
  • Article   99 Scope and Definitions 6
  • Article   100 Universal Service 6
  • Article   101 Licences 6
  • Article   102 Independence of the Regulatory Body 6
  • Article   103 Gradual Approximation 6
  • Subsection   5 Electronic Communication Networks and Services 6
  • Article   104 Scope and Definitions 6
  • Article   105 Regulatory Authority 6
  • Article   106 Authorisation to Provide Electronic Communication Services 6
  • Article   107 Access and Interconnection 6
  • Article   108 Scarce Resources 6
  • Article   109 Universal Service 6
  • Article   110 Cross-border Provision of Electronic Communication Services 6
  • Article   111 Confidentiality of Information 6
  • Article   112 Disputes between Services Suppliers 6
  • Article   113 Gradual Approximation 6
  • Subsection   6 Financial Services 6
  • Article   114 Scope and Definitions 6
  • Article   115 Prudential Carve-out 7
  • Article   116 Effective and Transparent Regulation 7
  • Article   117 New Financial Services 7
  • Article   118 Data Processing 7
  • Article   119 Specific Exceptions 7
  • Article   120 Self-regulatory Organisations 7
  • Article   121 Clearing and Payment Systems 7
  • Article   122 Gradual Approximation 7
  • Subsection   7 Transport Services 7
  • Article   123 Scope 7
  • Article   124 International Maritime Transport 7
  • Article   125 Air Transport 7
  • Article   126 Gradual Approximation 7
  • Section   6 Electronic Commerce 7
  • Subsection   1 General Provisions 7
  • Article   127 Objective and Principles 7
  • Article   128 Cooperation In Electronic Commerce 7
  • Article   129 Use of Intermediaries' Services 7
  • Article   130 Liability of Intermediary Service Providers: ‘mere Conduit' 7
  • Article   131 Liability of Intermediary Service Providers: ‘caching' 7
  • Article   132 Liability of Intermediary Service Providers: ‘hosting' 7
  • Article   133 No General Obligation to Monitor 7
  • Section   7 Exceptions 7
  • Article   134 General Exceptions 7
  • Article   135 Taxation Measures 7
  • Article   136 Security Exceptions 7
  • Chapter   7 Current Payments and Movement of Capital 7
  • Article   137 Current Payments 7
  • Article   138 Capital Movements 7
  • Article   139 Safeguard Measures 7
  • Article   140 Facilitation and Evolution Provisions 7
  • Chapter   8 Public Procurement 7
  • Article   141 Objectives 7
  • Article   142 Scope 7
  • Article   143 Institutional Background 7
  • Article   144 Basic Standards Regulating the Award of Contracts 8
  • Article   145 Planning of Gradual Approximation 8
  • Article   146 Gradual Approximation 8
  • Article   147 Market Access 8
  • Article   148 Information 8
  • Article   149 Cooperation 8
  • Chapter   9 Intellectual Property Rights 8
  • Section   1 General Provisions 8
  • Article   150 Objectives 8
  • Article   151 Nature and Scope of Obligations 8
  • Article   152 Exhaustion 8
  • Section   2 Standards Concerning Intellectual Property Rights 8
  • Subsection   1 Copyright and Related Rights 8
  • Article   153 Protection Granted 8
  • Article   154 Authors 8
  • Article   155 Performers 8
  • Article   156 Producers of Phonograms 8
  • Article   157 Broadcasting Organisations 8
  • Article   158 Broadcasting and Communication to the Public 8
  • Article   159 Term of Protection 8
  • Article   160 Protection of Technological Measures 8
  • Article   161 Protection of Rights Management Information 8
  • Article   162 Exceptions and Limitations 8
  • Article   163 Artists' Resale Right In Works of Art 8
  • Article   164 Cooperation on Collective Management of Rights 8
  • Subsection   2 Trademarks 8
  • Article   165 International Agreements 8
  • Article   166 Registration Procedure 8
  • Article   167 Well-known Trademarks 8
  • Article   168 Exceptions to the Rights Conferred by a Trademark 8
  • Subsection   3 Geographical Indications 8
  • Article   169 Scope 8
  • Article   170 Established Geographical Indications 9
  • Article   171 Addition of New Geographical Indications 9
  • Article   172 Scope of Protection of Geographical Indications 9
  • Article   173 Protection of Transcription of Geographical Indications 9
  • Article   174 Right of Use of Geographical Indications 9
  • Article   175 Enforcement of Protection 9
  • Article   176 Relationship with Trademarks 9
  • Article   177 General Rules 9
  • Article   178 Cooperation and Transparency 9
  • Article   179 Geographical Indications Sub-committee 9
  • Subsection   4 Designs 9
  • Article   180 International Agreements 9
  • Article   181 Protection of Registered Designs 9
  • Article   182 Exceptions and Exclusions 9
  • Article   183 Relationship to Copyright 9
  • Subsection   5 Patents 9
  • Article   184 International Agreements 9
  • Article   185 Patents and Public Health 9
  • Article   186 Supplementary Protection Certificate 9
  • Article   187 Protection of Data Submitted to Obtain a Marketing Authorisation for Medicinal Products  (1) 9
  • Article   188 Protection of Data to Obtain a Marketing Authorisation for Plant Protection Products 9
  • Article   189 Plant Varieties 9
  • Article   190 General Obligations 9
  • Article   191 Entitled Applicants 9
  • Subsection   1 Civil Enforcement 9
  • Article   192 Measures for Preserving Evidence 9
  • Article   193 Right of Information 9
  • Article   194 Provisional Measures 9
  • Article   195 Measures Resulting from a Decision on the Merits of the Case 9
  • Article   196 Damages 9
  • Article   197 Legal Costs 9
  • Article   198 Publication of Judicial Decisions 9
  • Article   199 Presumption of Authorship or Ownership 9
  • Subsection   2 Other Provisions 9
  • Article   200 Border Measures 9
  • Article   201 Codes of Conduct 10
  • Article   202 Cooperation 10
  • Chapter   10 Competition 10
  • Article   203 Principles 10
  • Article   204 Antitrust and Mergers Legislation and Its Implementation 10
  • Article   205 State Monopolies, State Enterprises and Enterprises Entrusted with Special or Exclusive Rights 10
  • Article   206 Subsidies 10
  • Article   207 Dispute Settlement 10
  • Article   208 Relationship with the WTO 10
  • Article   209 Confidentiality 10
  • Chapter   11 Trade-related Energy Provisions 10
  • Article   210 Definitions 10
  • Article   211 Transit 10
  • Article   212 Unauthorised Taking of Goods In Transit 10
  • Article   213 Uninterrupted Transit 10
  • Article   214 Transit Obligation for Operators 10
  • Article   215 Regulatory Authorities 10
  • Article   216 Organisation of Markets 10
  • Article   217 Access to Energy Transport Facilities 10
  • Article   218 Relationship with the Energy Community Treaty  (1) 10
  • Chapter   12 Transparency 10
  • Article   219 Definitions 10
  • Article   220 Objective 10
  • Article   221 Publication 10
  • Article   222 Enquiries and Contact Points 10
  • Article   223 Administration of Measures of General Application 10
  • Article   224 Review and Appeal 10
  • Article   225 Regulatory Quality and Performance and Good Administrative Behaviour 10
  • Article   226 Specific Rules 10
  • Chapter   13 Trade and Sustainable Development 10
  • Article   227 Context and Objectives 10
  • Article   228 Right to Regulate and Levels of Protection 10
  • Article   229 Multilateral Labour Standards and Agreements 10
  • Article   230 Multilateral Environmental Governance and Agreements 10
  • Article   231 Trade and Investment Promoting Sustainable Development 10
  • Article   232 Biological Diversity 10
  • Article   233 Sustainable Management of Forests and Trade In Forest Products 11
  • Article   234 Trade In Fish Products 11
  • Article   235 Upholding Levels of Protection 11
  • Article   236 Scientific Information 11
  • Article   237 Transparency 11
  • Article   238 Review of Sustainability Impacts 11
  • Article   239 Working Together on Trade and Sustainable Development 11
  • Article   240 Institutional Set-up and Overseeing Mechanisms 11
  • Article   241 Joint Civil Society Dialogue Forum 11
  • Article   242 Government Consultations 11
  • Article   243 Panel of Experts 11
  • Chapter   14 Dispute Settlement 11
  • Section   1 Objective and Scope 11
  • Article   244 Objective 11
  • Article   245 Scope of Application 11
  • Section   2 Consultations and Mediation 11
  • Article   246 Consultations 11
  • Article   247 Mediation 11
  • Section   3 Dispute Settlement Procedures 11
  • Subsection   1 Arbitration Procedure 11
  • Article   248 Initiation of the Arbitration Procedure 11
  • Article   249 Establishment of the Arbitration Panel 11
  • Article   250 Preliminary Ruling on Urgency 11
  • Article   251 Arbitration Panel Report 11
  • Article   252 Conciliation for Urgent Energy Disputes 11
  • Article   253 Notification of the Ruling of the Arbitration Panel 11
  • Subsection   2 Compliance 11
  • Article   254 Compliance with the Arbitration Panel Ruling 11
  • Article   255 Reasonable Period of Time for Compliance 11
  • Article   256 Review of Any Measure Taken to Comply with the Arbitration Panel Ruling 11
  • Article   257 Temporary Remedies In Case of Non-compliance 11
  • Article   258 Remedies for Urgent Energy Disputes 11
  • Article   259 Review of Any Measure Taken to Comply after the Adoption of Temporary Remedies for Non-compliance 11
  • Article   260 Replacement of Arbitrators 11
  • Article   261 Suspension and Termination of Arbitration and Compliance Procedures 11
  • Article   262 Mutually Agreed Solution 11
  • Article   263 Rules of Procedure 12
  • Article   264 Information and Technical Advice 12
  • Article   265 Rules of Interpretation 12
  • Article   266 Decisions and Rulings of the Arbitration Panel 12
  • Article   267 Referrals to the Court of Justice of the European Union 12
  • Section   4 General Provisions 12
  • Article   268 Lists of Arbitrators 12
  • Article   269 Relation with Wto Obligations 12
  • Article   270 Time-limits 12
  • Chapter   15 General Provisions on Approximation Under Title IV 12
  • Article   271 Progress In Approximation In Trade-related Areas 12
  • Article   272 Repeal of Inconsistent Domestic Law 12
  • Article   273 Assessment of Approximation In Trade-related Areas 12
  • Article   274 Developments Relevant to Approximation 12
  • Article   275 Exchange of Information 12
  • Article   276 General Provision 12
  • Title   V ECONOMIC COOPERATION 12
  • Chapter   1 Economic Dialogue 12
  • Article   277 12
  • Article   278 12
  • Chapter   2 Management of Public Finances and Financial Control 12
  • Article   279 12
  • Chapter   3 Taxation 12
  • Article   280 12
  • Article   281 12
  • Article   282 12
  • Article   283 12
  • Article   284 12
  • Article   285 12
  • Chapter   4 Statistics 12
  • Article   286 12
  • Article   287 12
  • Article   288 12
  • Article   289 12
  • Article   290 12
  • Article   291 12
  • Title   VI OTHER COOPERATION POLICIES 12
  • Chapter   1 Transport 12
  • Article   292 12
  • Article   293 12
  • Article   294 12
  • Article   295 12
  • Article   296 12
  • Chapter   2 Energy Cooperation 12
  • Article   297 12
  • Article   298 12
  • Article   299 13
  • Article   300 13
  • Chapter   3 Environment 13
  • Article   301 13
  • Article   302 13
  • Article   303 13
  • Article   304 13
  • Article   305 13
  • Article   306 13
  • Chapter   4 Climate Action 13
  • Article   307 13
  • Article   308 13
  • Article   309 13
  • Article   310 13
  • Article   311 13
  • Article   312 13
  • Chapter   5 Industrial and Enterprise Policy and Mining 13
  • Article   313 13
  • Article   314 13
  • Article   315 13
  • Chapter   6 Company Law, Accounting and Auditing and Corporate Governance 13
  • Article   316 13
  • Article   317 13
  • Article   318 13
  • Article   319 13
  • Chapter   7 Financial Services 13
  • Article   320 13
  • Article   321 13
  • Article   322 13
  • Article   323 13
  • Chapter   8 Cooperation In the Field of Information Society 13
  • Article   324 13
  • Article   325 13
  • Article   326 13
  • Article   327 13
  • Chapter   9 Tourism 13
  • Article   328 13
  • Article   329 13
  • Article   330 13
  • Article   331 13
  • Chapter   10 Agriculture and Rural Development 13
  • Article   332 13
  • Article   333 13
  • Article   334 13
  • Chapter   11 Fisheries and Maritime Governance 13
  • Article   335 13
  • Article   336 13
  • Article   337 14
  • Article   338 14
  • Article   339 14
  • Article   340 14
  • Article   341 14
  • Chapter   12 Cooperation In Research, Technological Development and Demonstration 14
  • Article   342 14
  • Article   343 14
  • Article   344 14
  • Chapter   13 Consumer Policy 14
  • Article   345 14
  • Article   346 14
  • Article   347 14
  • Chapter   14 Employment, Social Policy and Equal Opportunities 14
  • Article   348 14
  • Article   349 14
  • Article   350 14
  • Article   351 14
  • Article   352 14
  • Article   353 14
  • Article   354 14
  • Chapter   15 Public Health 14
  • Article   355 14
  • Article   356 14
  • Article   357 14
  • Chapter   16 Education, Training and Youth 14
  • Article   358 14
  • Article   359 14
  • Article   360 14
  • Article   361 14
  • Chapter   17 Cooperation In the Cultural Field 14
  • Article   362 14
  • Article   363 14
  • Chapter   18 Cooperation In the Audiovisual and Media Fields 14
  • Article   364 14
  • Article   365 14
  • Article   366 14
  • Article   367 14
  • Chapter   19 Cooperation In the Field of Sport and Physical Activity 14
  • Article   368 14
  • Chapter   20 Civil Society Cooperation 14
  • Article   369 14
  • Article   370 14
  • Article   371 14
  • Chapter   21 Regional Development, Cross-border and Regional Level Cooperation 14
  • Article   372 14
  • Article   373 15
  • Article   374 15
  • Article   375 15
  • Chapter   22 Civil Protection 15
  • Article   376 15
  • Article   377 15
  • Article   378 15
  • Article   379 15
  • Chapter   23 Participation In European Union Agencies and Programmes 15
  • Article   380 15
  • Article   381 15
  • Article   382 15
  • Title   VII FINANCIAL ASSISTANCE, AND ANTI-FRAUD AND CONTROL PROVISIONS 15
  • Chapter   1 Financial Assistance 15
  • Article   383 15
  • Article   384 15
  • Article   385 15
  • Article   386 15
  • Article   387 15
  • Article   388 15
  • Article   389 15
  • Chapter   2 Anti-fraud and Control Provisions 15
  • Article   390 Definitions 15
  • Article   391 Scope 15
  • Article   392 Measures to Prevent and Fight Fraud, Corruption and Any other Illegal Activities 15
  • Article   393 Exchange of Information and Further Cooperation at Operational Level 15
  • Article   394 Prevention of Fraud, Corruption and Irregularities 15
  • Article   395 Legal Proceedings, Investigation and Prosecution 15
  • Article   396 Communication of Fraud, Corruption and Irregularities 15
  • Article   397 Audits 15
  • Article   398 On-the-spot Checks 15
  • Article   399 Administrative Measures and Penalties 15
  • Article   400 Recovery 15
  • Article   401 Confidentiality 15
  • Article   402 Approximation of Legislation 15
  • Title   VIII INSTITUTIONAL, GENERAL AND FINAL PROVISIONS 15
  • Chapter   1 Institutional Framework 15
  • Article   403 15
  • Article   404 15
  • Article   405 15
  • Article   406 15
  • Article   407 Association Committee 15
  • Article   408 15
  • Article   409 Special Committees, Sub-committees and Bodies 15
  • Article   410 Parliamentary Association Committee 15
  • Article   411 16
  • Article   412 Civil Society Platform 16
  • Article   413 16
  • Chapter   2 General and Final Provisions 16
  • Article   414 Access to Courts and Administrative Organs 16
  • Article   415 Security Exceptions 16
  • Article   416 Non-discrimination 16
  • Article   417 Gradual Approximation 16
  • Article   418 Dynamic Approximation 16
  • Article   419 Monitoring of Approximation 16
  • Article   420 Fulfilment of Obligations 16
  • Article   421 Dispute Settlement 16
  • Article   422 Appropriate Measures In Case of Non-fulfilment of Obligations 16
  • Article   423 Relation to other Agreements 16
  • Article   424 16
  • Article   425 16
  • Article   426 Annexes and Protocols 16
  • Article   427 Duration 16
  • Article   428 Definition of the Parties 16
  • Article   429 Territorial Application 16
  • Article   430 Depositary of this Agreement 16
  • Article   431 Entry Into Force and Provisional Application 16
  • Article   432 Authentic Texts 16
  • ANNEX XIV  LIST OF RESERVATIONS ON ESTABLISHMENT; LIST OF COMMITMENTS ON CROSS-BORDER SUPPLY OF SERVICES; LIST OF RESERVATIONS ON KEY PERSONNEL, GRADUATE TRAINEES AND BUSINESS SELLERS; LIST OF RESERVATIONS ON CONTRACTUAL SERVICES SUPPLIERS AND INDEPENDENT PROFESSIONALS 16
  • ANNEX XIV-A  LIST OF RESERVATIONS ON ESTABLISHMENT (UNION) 17
  • ANNEX XIV-E  LIST OF RESERVATIONS ON ESTABLISHMENT (GEORGIA)  (1) 18
  • ANNEX XIX  MEDIATION MECHANISM 19
  • 1 Objective 19
  • Section   1 PROCEDURE UNDER THE MEDIATION MECHANISM 19
  • 2 Request for Information 19
  • 3 Initiation of the Procedure 19
  • 4 Selection of the Mediator 19
  • 5 Rules of the Mediation Procedure 19
  • Section   2 IMPLEMENTATION 19
  • 6 Implementation of a Mutually Agreed Solution 19
  • Section   3 GENERAL PROVISIONS 19
  • 7 Confidentiality and Relationship to Dispute Settlement 19
  • 8 Time-limits 19
  • 9 Costs 19
  • ANNEX XX  RULES OF PROCEDURE FOR DISPUTE SETTLEMENT 19
  • ANNEX XXI  CODE OF CONDUCT FOR ARBITRATORS AND MEDIATORS 20