EU - Georgia Association Agreement (2014)
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(a) strengthening multi-level governance as it affects both the central level and municipal communities with special emphasis on ways to enhance the involvement of local stakeholders;

(b) consolidation of the partnership between all the parties involved in regional development, and

(c) co-financing through financial contribution by those involved in the implementation of regional development programmes and projects.

Article 373.

1. The Parties shall support and strengthen the involvement of local level authorities in regional policy cooperation including cross-border cooperation and the related management structures, enhance cooperation through the establishment of an enabling reciprocal legislative framework, sustain and develop capacity building measures and promote the strengthening of cross-border and regional economic and business networks.

2. The Parties will cooperate to consolidate the institutional and operational capacities of Georgian institutions in the fields of regional development and land use planning by, inter alia:

(a) improving inter-institutional coordination in particular the mechanism of vertical and horizontal interaction of central and local public authorities in the process of development and implementation of regional policies;

(b) developing the capacity of local public authorities to promote reciprocal cross-border cooperation in compliance with EU principles and practices;

(c) sharing knowledge, information and best practices on regional development policies to promote economic well-being for local communities and uniform development of regions.

Article 374.

1. The Parties shall strengthen and encourage development of cross-border cooperation in other areas covered by this Agreement such as, inter alia, transport, energy, communication networks, culture, education, tourism, and health.

2. The Parties shall intensify cooperation between their regions in the form of transnational and inter-regional programmes, encouraging the participation of Georgian regions in European regional structures and organizations and promoting their economic and institutional development by implementing projects of common interest.

3. These activities will take place in the context of:

(a) continuing territorial cooperation with European regions, including through trans-national and cross-border cooperation programmes;

(b) cooperation within the framework of the Eastern Partnership, with EU bodies including the Committee of the Regions and participation in various European regional projects and initiatives;

(c) cooperation with, inter alia, the European Economic and Social Committee, and the European Spatial Planning Observation Network.

Article 375.

A regular dialogue will take place on the issues covered by this Chapter.

Chapter 22. Civil Protection

Article 376.

The Parties shall develop and strengthen their cooperation on natural and man-made disasters. Cooperation shall be conducted considering the interests of the Parties on the basis of equality and mutual benefit, as well as taking into account the interdependence existing between the Parties and multilateral activities in the field.

Article 377.

Cooperation shall aim at improving the prevention of, preparation for and response to natural and man-made disasters.

Article 378.

The Parties shall, inter alia, exchange information and expertise and implement joint activities on bilateral basis and/or within the framework of multilateral programmes. Cooperation can take place, inter alia, through the implementation of specific agreements and/or administrative arrangements in this field concluded between the Parties.

Article 379.

The cooperation may cover the following objectives:

(a) exchange and regularly update contact details in order to ensure continuity of dialogue and in order to be able to contact each other on a 24-hour basis;

(b) facilitating mutual assistance in case of major emergencies, as appropriate and subject to the availability of sufficient resources;

(c) exchanging on a 24-hour basis early warnings and updated information on large scale emergencies affecting the EU or Georgia, including requests for and offers of assistance; (d) exchanging information on the provision of assistance by the Parties to third countries for emergencies where the EU Civil Protection Mechanism is activated;

(e) cooperating on Host Nation Support when requesting/providing assistance;

(f) exchange of best practices and guidelines in the field of disaster prevention, preparedness and response;

(g) cooperating on Disaster Risk Reduction by addressing, inter alia, institutional linkages and advocacy; information, education and communication; best practices aiming at preventing or mitigating the impact of natural hazards;

(h) cooperating on improving the knowledge base on disasters and on hazard and risk assessment for disaster management;

(i) cooperating on the assessment of the environmental and public health impact of disasters;

(j) inviting experts to specific technical workshops and symposia on civil protection issues;

(k) inviting, on a case-by-case basis, observers to specific exercises and trainings organised by the EU and/or Georgia, and

(l) strengthening cooperation on the most effective use of available civil protection capabilities.

Chapter 23. Participation In European Union Agencies and Programmes

Article 380.

Georgia shall be allowed to participate in all agencies of the Union open to the participation of Georgia in accordance with the relevant provisions establishing those agencies. Georgia shall enter into separate agreements with the EU to enable its participation in each such agency including the amount of its financial contribution.

Article 381.

Georgia shall be allowed to participate in all current and future programmes of the Union opened to the participation of Georgia in accordance with the relevant provisions adopting those programmes. Georgia's participation in the programmes of the Union shall be in accordance with the provisions laid down in Protocol III to this Agreement on a Framework Agreement between the European Union and Georgia on the general principles for the participation of Georgia in Union programmes.

Article 382.

The Parties will conduct a regular dialogue on the participation of Georgia in EU programmes and agencies. In particular, the EU shall inform Georgia in the case of establishment of new EU agencies and new programmes of the Union, as well as regarding changes in the terms of participation in the programmes of the Union and agencies, mentioned in Articles 380 and 381 of this Agreement.

Title VII. FINANCIAL ASSISTANCE, AND ANTI-FRAUD AND CONTROL PROVISIONS

Chapter 1. Financial Assistance

Article 383.

Georgia shall benefit from financial assistance through the relevant EU funding mechanisms and instruments. Georgia may also benefit from cooperation with the European Investment Bank (EIB), European Bank for Reconstruction and Development (EBRD) and other international financial institutions. The financial assistance will contribute to achieving the objectives of this Agreement and will be provided in accordance with this Chapter.

Article 384.

The main principles of financial assistance shall be set out in the relevant EU financial instruments' regulations.

Article 385.

The priority areas of the EU financial assistance agreed by the Parties shall be laid down in annual action programmes based, whenever applicable on multi-annual frameworks which reflect agreed policy priorities. The amounts of assistance established in those programmes shall take into account Georgia's needs, sector capacities and progress with reforms, in particular in areas covered by this Agreement.

Article 386.

In order to ensure optimum use of the resources available, the Parties shall endeavour to ensure that EU assistance is implemented in close cooperation and coordination with other donor countries, donor organisations and international financial institutions, and in line with international principles of aid effectiveness.

Article 387.

The fundamental legal, administrative and technical basis of financial assistance is established within the framework of relevant agreements between the Parties.

Article 388.

The Association Council shall be informed of the progress and implementation of financial assistance and its impact upon pursuing the objectives of this Agreement. To that end, the relevant bodies of the Parties shall provide relevant monitoring and evaluation information on a mutual and continuous basis.

Article 389.

The Parties shall implement assistance in accordance with the principles of sound financial management and cooperate in the protection of the financial interests of the EU and of Georgia in accordance with Chapter 2 (Anti-Fraud and Control Provisions) of this Title.

Chapter 2. Anti-fraud and Control Provisions

Article 390. Definitions

For the purposes of this Chapter, the definitions set out in Protocol IV to this Agreement shall apply.

Article 391. Scope

This Chapter shall be applicable to any further agreement or financing instrument to be concluded between the Parties, and any other EU financing instrument to which Georgia may be associated, without prejudice to any other additional clauses covering audits, on-the-spot checks, inspections, controls, and anti-fraud measures, including those conducted by the European Court of Auditors and the European Anti-Fraud Office (OLAF).

Article 392. Measures to Prevent and Fight Fraud, Corruption and Any other Illegal Activities

The Parties shall take effective measures to prevent and fight fraud, corruption and any other illegal activities in connection with the implementation of EU funds, inter alia by means of mutual administrative assistance and mutual legal assistance in the fields covered by this Agreement.

Article 393. Exchange of Information and Further Cooperation at Operational Level

1. For the purposes of proper implementation of this Chapter, the competent Georgian and EU authorities shall regularly exchange information and, at the request of one of the Parties, shall conduct consultations.

2. OLAF may agree with competent Georgian counterparts in accordance with Georgian legislation on further cooperation in the field of anti-fraud, including operational arrangements with the Georgian authorities.

3. For the transfer and processing of personal data, Article 14 of Title III (Freedom, Security and Justice) of this Agreement shall apply.

Article 394. Prevention of Fraud, Corruption and Irregularities

1. The EU and Georgian authorities shall check regularly that the operations financed with EU funds have been properly implemented. They shall take any appropriate measures to prevent and remedy irregularities and fraud.

2. The EU and Georgian authorities shall take any appropriate measures to prevent and remedy any active or passive corruption practices and exclude conflict of interest at any stage of the procedures related to the implementation of EU funds.

3. The Georgian authorities shall inform the European Commission of any prevention measures taken.

4. The European Commission shall be entitled to obtain evidence in accordance with Article 56 of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities.

5. In particular, it shall also be entitled to obtain evidence that procedures on procurement and grants satisfy the principles of transparency, equal treatment and non-discrimination, prevent any conflict of interest, offer guarantees equivalent to internationally accepted standards and ensure compliance with the provisions of sound financial management.

6. In accordance with their own procedures, the Parties will provide each other with any information related to the implementation of EU funds and shall inform each other without delay of any substantial change in their procedures or systems.

Article 395. Legal Proceedings, Investigation and Prosecution

The Georgian authorities shall bring legal proceedings, including, if appropriate, investigation and prosecution of suspected and actual cases of fraud, corruption or any other irregularity, including conflict of interest, following national or EU controls. Where appropriate OLAF may assist the competent Georgian authorities in this task.

Article 396. Communication of Fraud, Corruption and Irregularities

1. The Georgian authorities shall transmit to the European Commission without delay any information which has come to their notice of actual cases of fraud or corruption and shall inform the European Commission without delay of any other irregularity, including conflict of interest, in connection with the implementation of EU funds. In case of suspicion of fraud and corruption, OLAF and the European Commission shall also be informed.

2. The Georgian authorities shall also report on all measures taken in connection with facts communicated under this Article. Should there be no fraud, corruption, or any other irregularity to report, the Georgian authorities shall inform the European Commission following the end of each calendar year.

Article 397. Audits

1. The European Commission and the European Court of Auditors are entitled to examine whether all expenditure related to the implementation of EU funds has been incurred in a lawful and regular manner and whether the financial management has been sound.

2. Audits shall be carried out on the basis both of commitments undertaken and payments made. They shall be based on records and, if necessary, performed on-the-spot on the premises of any entity which manages or takes part in the implementation of EU funds. Those audits may be carried out before the closure of the accounts for the financial year in question and for a period of five years from the date of payment of the balance.

3. European Commission inspectors or other persons mandated by the European Commission or the European Court of Auditors may conduct documentary or on-the-spot checks and audits on the premises of any entity which manages or takes part in the implementation of EU funds and of their subcontractors in Georgia.

4. The European Commission's inspectors or other persons mandated by the European Commission or the European Court of Auditors shall have appropriate access to sites, works and documents in order to carry out such audits, including in electronic form. That right of access should be communicated to all public institutions of Georgia and shall be stated explicitly in the contracts concluded to implement the instruments referred to in this Agreement.

5. The checks and audits described above are applicable to all contractors and subcontractors who have received EU funds. In the performance of their tasks, the European Court of Auditors and the Georgian audit bodies shall cooperate in a spirit of trust while maintaining their independence.

Article 398. On-the-spot Checks

1. Within the framework of this Agreement, OLAF shall be authorised to carry out on-the-spot checks and inspections in order to protect the EU's financial interests in accordance with the provisions of Council Regulation (EC, Euratom) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities.

2. On-the-spot checks and inspections shall be prepared and conducted by OLAF in close cooperation with the competent Georgian authorities taking into account relevant Georgian legislation.

3. The Georgian authorities shall be notified in good time of the object, purpose and legal basis of the checks and inspections, so that they can provide all the requisite help. To that end, officials of the competent Georgian authorities may participate in the on-the-spot checks and inspections.

4. If the Georgian authorities concerned express their interest, the on-the-spot checks and inspections shall be carried out jointly by OLAF and them.

5. Where an economic operator resists an on-the-spot check or inspection, the Georgian authorities, acting in accordance with national legislation, shall give OLAF such assistance, as it needs to allow it to discharge its duty in carrying out an on-the-spot check or inspection.

Article 399. Administrative Measures and Penalties

Without prejudice of the Georgian legislation, administrative measures and penalties may be imposed by the European Commission in accordance with Regulation (EC, Euratom) No 1605/2002 and Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities and with Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests.

Article 400. Recovery

1. The Georgian authorities shall take any appropriate measure to implement the provisions mentioned below regarding the recovery of EU funds unduly paid to the financing governmental agency.

2. Where the Georgian authorities are entrusted with the implementation of EU funds the European Commission is entitled to recover EU funds unduly paid, in particular through financial corrections. The European Commission shall take into account the measures taken by the Georgian authorities to prevent the loss of the EU funds concerned.

3. The European Commission shall consult with Georgia on the matter before taking any decision on recovery. Disputes on recovery will be discussed in the Association Council.

4. Where the European Commission implements EU funds directly or indirectly by entrusting budget implementation tasks to third parties, decisions taken by the European Commission within the scope of this Title, which impose pecuniary obligation on persons other than States, shall be enforceable in Georgia in accordance with the following principles:

(a) Enforcement shall be governed by the rules of civil procedure in force in Georgia. The order for its enforcement shall be appended to the decision, without other formality than verification of the authenticity of the decision, by the national authority which the government of Georgia shall designate for this purpose and shall make known to the European Commission and to the Court of Justice of the European Union.

(b) When those formalities have been completed on application by the party concerned, the latter may proceed to enforcement in accordance with Georgian law, by bringing the matter directly before the competent authority.

(c) Enforcement may be suspended only by a decision of the Court of Justice of the European Union. However, the courts of Georgia concerned shall have jurisdiction over complaints that enforcement is being carried out in an irregular manner.

5. The enforcement order shall be issued, without any further control than verification of the authenticity of the act, by the authorities designated by the Georgian government. Enforcement shall take place in accordance with Georgian rules of procedure. The legality of the enforcement decision of the pertinent EU authorities shall be subject to control by the Court of Justice of the European Union.

6. Judgments given by the Court of Justice of the European Union pursuant to an arbitration clause in a contract within the scope of this Chapter shall be enforceable on the same terms.

Article 401. Confidentiality

Information communicated or acquired in any form under this Chapter shall be covered by professional secrecy and protected in the same way as similar information is protected by Georgian law and by the corresponding provisions applicable to the EU institutions. Such information may not be communicated to persons other than those in the EU institutions, in the Member States or in Georgia whose functions require them to know it, nor may it be used for purposes other than to ensure effective protection of the Parties' financial interests.

Article 402. Approximation of Legislation

Georgia will carry out approximation of its legislation to the EU acts and international instruments referred to in Annex XXXIV to this Agreement in accordance with the provisions of that Annex.

Title VIII. INSTITUTIONAL, GENERAL AND FINAL PROVISIONS

Chapter 1. Institutional Framework

Article 403.

Political and policy dialogue between the Parties, including on issues related to sectoral cooperation, may take place at any level. Periodic high-level policy dialogue shall take place within the Association Council established in Article 404 and within the framework of regular meetings between representatives of both Parties at ministerial level by mutual agreement. Association Council

Article 404.

1. An Association Council is hereby established. It shall supervise and monitor the application and implementation of this Agreement and periodically review the functioning of this Agreement in the light of its objectives.

2. The Association Council shall meet at ministerial level and at regular intervals, at least once a year, and when circumstances require. The Association Council may meet in any configuration, by mutual agreement.

3. In addition to supervising and monitoring the application and implementation of this Agreement, the Association Council shall examine any major issues arising within the framework of this Agreement, and any other bilateral or international issues of mutual interest.

Article 405.

1. The Association Council shall consist of members of the Council of the European Union and members of the European Commission, on the one hand, and of members of the Government of Georgia, on the other.

2. The Association Council shall establish its own rules of procedure.

3. The Association Council shall be chaired in turn by a representative of the Union and a representative of Georgia.

4. Where appropriate, and by mutual agreement, representatives of other bodies of the Parties may take part as observers in the work of the Association Council.

Article 406.

1. For the purpose of attaining the objectives of this Agreement, the Association Council shall have the power to take decisions within the scope of this Agreement. The decisions shall be binding upon the Parties, which shall take appropriate measures, including if necessary action by bodies established under this Agreement, in line with provisions of this Agreement to implement the decisions taken. The Association Council may also make recommendations. It shall adopt its decisions and recommendations by agreement between the Parties following the completion of the respective internal procedures of the Parties, as appropriate.

2. In line with the objective of the gradual approximation of Georgia's legislation to that of the EU laid down in this Agreement, the Association Council will be a forum for exchange of information on selected European Union and Georgia legislative acts both under preparation and in force, and on implementation, enforcement and compliance measures.

3. In accordance with paragraph 1 of this Article, the Association Council shall have the power to update or amend the Annexes to this Agreement, without prejudice to any specific provisions under Title IV (Trade and Trade-related Matters) of this Agreement.

Article 407. Association Committee

1. An Association Committee is hereby established. It shall assist the Association Council in the performance of its duties and functions.

2. The Association Committee shall be composed of representatives of the Parties, in principle at senior civil servant level.

3. The Association Committee shall be chaired in turn by a representative of the EU and a representative of Georgia.

Article 408.

1. The Association Council shall determine in its rules of procedure the duties and functioning of the Association Committee, whose responsibilities shall include the preparation of meetings of the Association Council. The Association Committee shall meet at least once a year and when the Parties agree that circumstances so require.

2. The Association Council may delegate to the Association Committee any of its powers, including the power to take binding decisions.

3. The Association Committee shall have the power to adopt decisions in the cases provided for in this Agreement and in areas in which the Association Council has delegated powers to it and as stipulated in Article 406(1) of this Agreement. These decisions shall be binding upon the Parties, which shall take appropriate measures to implement them. The Association Committee shall adopt its decisions by agreement between the Parties, taking into account the respective internal procedures.

4. The Association Committee shall meet in a specific configuration to address all issues related to Title IV (Trade and Trade-related Matters) of this Agreement. The Association Committee shall meet in that configuration at least once a year.

Article 409. Special Committees, Sub-committees and Bodies

1. The Association Committee shall be assisted by sub-committees established under this Agreement.

2. The Association Council may decide to set up any special committee or body in specific areas necessary for the implementation of this Agreement, and shall determine the composition, duties and functioning of such special committees or bodies. In addition, such special committees or bodies may hold discussions on any matter that they consider relevant without prejudice to any of the specific provisions of Title IV (Trade and Trade-related Matters) of this Agreement.

3. The Association Committee may also create sub-committees, including to take stock of progress achieved in the regular dialogues referred to in Title V (Economic cooperation) and Title VI (Other Cooperation Policies) of this Agreement.

4. The sub-committees shall have the powers to take decisions in the cases provided for in this Agreement. They shall report on their activities to the Association Committee regularly, as required.

5. The sub-committees established under Title IV (Trade and Trade-related Matters) of this Agreement shall inform the Association Committee in Trade configuration, as set out in Article 408(4) of this Agreement, of the date and agenda of their meetings sufficiently in advance of their meetings. They shall report on their activities at each regular meeting of the Association Committee in Trade configuration.

6. The existence of any of the sub-committees shall not prevent either Party from bringing any matter directly to the Association Committee, including in its Trade configuration.

Article 410. Parliamentary Association Committee

1. A Parliamentary Association Committee is hereby established. It shall be a forum for Members of the European Parliament and of the Parliament of Georgia to meet and exchange views. It shall meet at intervals which it shall itself determine.

2. The Parliamentary Association Committee shall consist of Members of the European Parliament, on the one hand, and of Members of the Parliament of Georgia, on the other.

3. The Parliamentary Association Committee shall establish its own rules of procedure.

4. The Parliamentary Association Committee shall be chaired in turn by a representative of the European Parliament and a representative of the Georgian Parliament respectively, in accordance with the provisions to be laid down in its rules of procedure.

  • 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