EU - Georgia Association Agreement (2014)
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(l) ‘services and other activities performed in the exercise of governmental authority' are services or activities which are performed neither on a commercial basis nor in competition with one or more economic operators;

(m) ‘cross-border supply of services' means the supply of a service:

(i) from the territory of a Party into the territory of the other Party (Mode 1), or

(ii) in the territory of a Party to the service consumer of the other Party (Mode 2);

(n) ‘service supplier' of a Party means any natural or juridical person of a Party that seeks to supply or supplies a service;

(o) ‘entrepreneur' means any natural or juridical person of a Party that seeks to perform or performs an economic activity through setting up an establishment.

(1) For greater certainty, that territory shall include the exclusive economic zone and continental shelf, as provided for in the United Nations Convention on the Law of the Sea (UNCLOS).
(2) A juridical person is controlled by another juridical person if the latter has the power to name a majority of its directors or otherwise to legally direct its actions.

Section 2. Establishment

Article 78. Scope

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

(a) mining, manufacturing and processing (1) of nuclear materials;

(b) production of or trade in arms, munitions and war matèriel; (c) audio-visual services;

(d) national maritime cabotage (2), and

(e) domestic and international air transport services (3), whether scheduled or non-scheduled, and services directly related to the exercise of traffic rights, other than:

(i) aircraft repair and maintenance services during which an aircraft is withdrawn from service;

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

(iii) computer reservation system (CRS) services;

(iv) ground-handling services;

(v) airport operation services.

(1) For greater certainty, processing of nuclear materials includes all the activities contained in UN ISIC Rev.3.1 code 2330.
(2) Without prejudice to the scope of activities which may be considered as cabotage under the relevant domestic legislation, national maritime cabotage under this Chapter covers transportation of passengers or goods between a port or point located in Georgia or a Member State of the EU and another port or point located in Georgia or Member State of the EU, including on its continental shelf, as provided in the UNCLOS and traffic originating and terminating in the same port or point located in Georgia or a Member State of the EU.
(3) The conditions of mutual market access in air transport are dealt with by the Agreement between the EU and its Member States and Georgia on the establishment of a Common Aviation Area.

Article 79. National Treatment and Most Favoured Nation Treatment

1. Subject to the reservations listed in Annex XIV-E to this Agreement, Georgia shall grant, upon entry into force of this Agreement:

(a) as regards the establishment of subsidiaries, branches and representative offices of juridical persons of the Union: treatment no less favourable than that accorded to its own juridical persons, their branches and representative offices; or to subsidiaries, branches and representative offices of any third country's juridical persons, whichever is the better;

(b) as regards the operation of subsidiaries, branches and representative offices of juridical persons of the Union in Georgia, once established: treatment no less favourable than that accorded to its own juridical persons, their branches and representative offices; or to subsidiaries, branches and representative offices of any third country's juridical persons, whichever is the better (1).

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

(a) as regards the establishment of subsidiaries, branches and representative offices of juridical persons of Georgia: treatment no less favourable than that accorded to its own juridical persons, their branches and representative offices; or to subsidiaries, branches and representative offices of any third country's juridical persons, whichever is the better;

(b) as regards the operation of subsidiaries, branches and representative offices of juridical persons of Georgia in the Union, once established: treatment no less favourable than that accorded to its own juridical persons, their branches and representative offices; or to subsidiaries, branches and representative offices of any third country's juridical persons, whichever is the better (2).

3. Subject to reservations listed in Annexes XIV-A and XIV-E to this Agreement, the Parties shall not adopt any new regulations or measures which introduce discrimination as regards the establishment of juridical persons of the Union or of Georgia on their territory or in respect of their operation, once established, by comparison with their own juridical persons.

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

Article 80. Review

1. With a view to progressively liberalising the establishment conditions, the Parties shall regularly review the provisions of this Section and the list of reservations referred to in Article 79 of this Agreement as well as the establishment environment, consistent with their commitments in international agreements.

2. In the context of the review referred to in paragraph 1, the Parties shall assess any obstacles to establishment that have been encountered. With a view to deepening the provisions of this Chapter, the Parties shall find, if need be, appropriate ways to address such obstacles, which could include further negotiations, including with respect to investment protection and to investor-to-state dispute settlement procedures.

Article 81. Other Agreements

This Chapter shall not affect the rights of entrepreneurs of the Parties arising from any existing or future international agreement relating to investment, to which a Member State of the EU and Georgia are parties.

Article 82. Standard of Treatment for Branches and Representative Offices

1. The provisions of Article 79 of this Agreement do not preclude the application by a Party of particular rules concerning the establishment and operation in its territory of branches and representative offices of juridical persons of another Party not incorporated in the territory of the first Party, which are justified by legal or technical differences between such branches and representative offices as compared to branches and representative offices of juridical persons incorporated in its territory or, as regards financial services, for prudential reasons.

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

Section 3. Cross-border Supply of Services

Article 83. Scope

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

(a) audio-visual services;

(b) national maritime cabotage (1), and (c) domestic and international air transport services (2), whether scheduled or non-scheduled, and services directly related to the exercise of traffic rights other than:

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

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

(iii) computer reservation system (CRS) services;

(iv) ground-handling services;

(v) airport operation services.

(1) Without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, national maritime cabotage under this Chapter covers transportation of passengers or goods between a port or point located in Georgia or a Member State of the EU and another port or point located in Georgia or Member State of the EU, including on its continental shelf, as provided in the UNCLOS and traffic originating and terminating in the same port or point located in Georgia or a Member State of the EU.
(2) The conditions of mutual market access in air transport are dealt with by the Agreement between the EU and its Member States and Georgia on the establishment of a Common Aviation Area.

Article 84. Market Access

1. With respect to market access through the cross-border supply of services, each Party shall accord services and service suppliers of the other Party a treatment not less favourable than that provided for in the specific commitments contained in Annexes XIV-B and XIV-F to this Agreement.

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

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

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

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

Article 85. National Treatment

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

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

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

4. Specific commitments entered into under this Article shall not be construed to require any Party to compensate for inherent competitive disadvantages which result from the foreign character of the relevant services or services suppliers.

Article 86. Lists of Commitments

The sectors liberalised by each Party pursuant to this Section and, by means of reservations, the market access and national treatment limitations applicable to services and services suppliers of the other Party in those sectors are set out in lists of commitments included in Annexes XIV-B and XIV-F to this Agreement.

Article 87. Review

With a view to the progressive liberalisation of the cross-border supply of services between the Parties, the Association Committee in Trade configuration, as set out in Article 408(4) of this Agreement, shall regularly review the list of commitments referred to in Article 86 of this Agreement. This review shall take into account the process of gradual approximation, referred to in Articles 103, 113, 122 and 126 of this Agreement, and its impact on the elimination of remaining obstacles to cross-border supply of services between the Parties.

Section 4. Temporary Presence of Natural Persons or Business Persons

Article 88. Scope and Definitions

1. This Section applies to measures of the Parties concerning the entry and temporary stay in their territories of key personnel, graduate trainees, business sellers, contractual service suppliers and independent professionals in accordance with Article 76(5) of this Agreement.

2. For the purposes of this Section:

(a) ‘key personnel' means natural persons employed within a juridical person of one Party other than a non-profit organisation (1) and who are responsible for the setting-up or the proper control, administration and operation of an establishment. ‘Key personnel' comprise ‘business visitors' for establishment purposes and ‘intra-corporate transferees':

(1) The reference to other than a ‘non-profit organisation' only applies for Belgium, Czech Republic, Denmark, Germany, Estonia, Ireland, Greece, Spain, France, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Austria, Portugal, Slovenia, Finland and United Kingdom.

(i) ‘business visitors' for establishment purposes means natural persons working in a senior position who are responsible for setting up an establishment. They do not offer or provide services or engage in any other economic activity than required for establishment purposes. They do not receive remuneration from a source located within the host Party;

(ii) ‘intra-corporate transferees' means natural persons who have been employed by a juridical person or have been partners in it for at least one year and who are temporarily transferred to an establishment that may be a subsidiary, branch or head company of the enterprise / juridical person in the territory of the other Party. The natural person concerned must belong to one of the following categories:

(1) managers: persons working in a senior position within a juridical person, who primarily direct the management of the establishment, receiving general supervision or direction principally from the board of directors or from stockholders of the business or their equivalent, including at least:

— directing the establishment or a department or sub-division thereof;

— supervising and controlling the work of other supervisory, professional or managerial employees; and

— having the authority personally to recruit and dismiss or recommend recruiting, dismissing or other personnel actions;

(2) specialists: persons working within a juridical person who possess uncommon knowledge essential to the establishment's production, research equipment, techniques, processes, procedures or management. In assessing such knowledge, account will be taken not only of knowledge specific to the establishment, but also of whether the person has a high level of qualification referring to a type of work or trade requiring specific technical knowledge, including membership of an accredited profession.

(b) ‘graduate trainees' means natural persons who have been employed by a juridical person of one Party or its branch for at least one year, possess a university degree and are temporarily transferred to an establishment of the juridical person in the territory of the other Party, for career development purposes or to obtain training in business techniques or methods (1);

(c) ‘business sellers' (2) means natural persons who are representatives of a services or goods supplier of one Party seeking entry and temporary stay in the territory of the other Party for the purpose of negotiating the sale of services or goods, or entering into agreements to sell services or goods for that supplier. They do not engage in making direct sales to the general public and do not receive remuneration from a source located within the host Party, nor are they commission agents;

(d) ‘contractual services suppliers' means natural persons employed by a juridical person of one Party which itself is not an agency for placement and supply services of personnel nor acting through such an agency, has no establishment in the territory of the other Party and has concluded a bona fide contract to supply services with a final consumer in the latter Party, requiring the presence on a temporary basis of its employees in that Party, in order to fulfil the contract to provide services;

(e) ‘independent professionals' means natural persons engaged in the supply of a service and established as self-employed in the territory of a Party who have no establishment in the territory of the other Party and who have concluded a bona fide contract (other than through an agency for placement and supply services of personnel) to supply services with a final consumer in the latter Party, requiring their presence on a temporary basis in that Party in order to fulfil the contract to provide services;

(f) ‘qualifications' means diplomas, certificates and other evidence (of formal qualification) issued by an authority designated pursuant to legislative, regulatory or administrative provisions and certifying successful completion of professional training.

(1) The recipient establishment may be required to submit a training programme covering the duration of the stay for prior approval, demonstrating that the purpose of the stay is for training. For Czech Republic, Germany, Spain, France, Hungary and Austria, training must be linked to the university degree which has been obtained.
(2) United Kingdom: the category of business sellers is only recognised for services sellers.

Article 89. Key Personnel and Graduate Trainees

1. For every sector committed in accordance with Section 2 (Establishment) of this Chapter and subject to any reservations listed in Annexes XIV-A and XIV-E to this Agreement, or in Annexes XIV-C and XIV-G to this Agreement, each Party shall allow entrepreneurs of the other Party to employ in their establishment natural persons of that other Party provided that such employees are key personnel or graduate trainees as defined in Article 88 to this Agreement. The temporary entry and temporary stay of key personnel and graduate trainees shall be for a period of no longer than three years for intra-corporate transferees, 90 days in any 12-month period for business visitors for establishment purposes, and one year for graduate trainees.

2. For every sector committed in accordance with Section 2 (Establishment) of this Chapter, the measures which a Party shall not maintain or adopt either on the basis of a regional subdivision or on the basis of its entire territory, unless otherwise specified in Annexes XIV-C and XIV-G to this Agreement, are defined as limitations on the total number of natural persons that an entrepreneur may employ as key personnel and graduate trainees in a specific sector in the form of numerical quotas or a requirement of an economic needs test and as discriminatory limitations.

Article 90. Business Sellers

For every sector committed in accordance with Section 2 (Establishment) or Section 3 (Cross-border supply of services) of this Chapter and subject to any reservations listed in Annexes XIV-A, XIV-E, and XIV-B and XIV-F to this Agreement, each Party shall allow the entry and temporary stay of business sellers for a period of no longer than 90 days in any 12-month period.

Article 91. Contractual Service Suppliers

1. The Parties reaffirm their respective obligations arising from their commitments under the General Agreement on Trade in Services (GATS) as regards the entry and temporary stay of contractual services suppliers. In accordance with Annexes XIV-D and XIV-H to this Agreement, each Party shall allow the supply of services into their territory by contractual services suppliers of the other Party, subject to the conditions specified in paragraph 2 of this Article.

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

(a) the natural persons must be engaged in the supply of a service on a temporary basis as employees of a juridical person, which has obtained a service contract not exceeding 12 months;

(b) the natural persons entering the other Party should be offering such services as employees of the juridical person supplying the services for at least the year immediately preceding the date of submission of an application for entry into the other Party. In addition, the natural persons must possess, at the date of submission of an application for entry into the other Party, at least three years professional experience (1) in the sector of activity which is the subject of the contract;

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

(i) a university degree or a qualification demonstrating knowledge of an equivalent level (2); and

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

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

(e) the entry and temporary stay of natural persons within the Party concerned shall be for a cumulative period of not more than six months or, in the case of Luxembourg, 25 weeks in any 12-month period or for the duration of the contract, whichever is less;

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

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

(1) Obtained after having reached the age of majority, as defined under applicable domestic legislation.
(2) Where the degree or qualification has not been obtained in the Party where the service is supplied, that Party may evaluate whether this is equivalent to a university degree in its territory.

Article 92. Independent Professionals

1. In accordance with Annexes XIV-D and XIV-H to this Agreement, the Parties shall allow the supply of services into their territory by independent professionals of the other Party, subject to the conditions specified in paragraph 2 of this Article.

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

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

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

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

(i) a university degree or a qualification demonstrating knowledge of an equivalent level (1) and

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

(d) the entry and temporary stay of natural persons within the Party concerned shall be for a cumulative period of not more than six months or, in the case of Luxembourg, 25 weeks in any 12-month period or for the duration of the contract, whichever is less;

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

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

Section 5. Regulatory Framework

Subsection 1. Domestic Regulation

Article 93. Scope and Definitions

1. The following disciplines apply to measures by the Parties relating to licencing requirements and procedures, qualification requirements and procedures that affect:

(a) cross-border supply of services;

(b) establishment in their territory of juridical and natural persons defined in Article 77(9) of this Agreement, and

(c) temporary stay in their territory of categories of natural persons as defined in points (a) to (e) of Article 88(2) of this Agreement.

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

3. Those disciplines do not apply to measures to the extent that they constitute limitations under the relevant Annexes to this Agreement.

4. For the purposes of this Section:

(a) ‘licencing requirements' means substantive requirements, other than qualification requirements, with which a natural or a juridical person is required to comply in order to obtain, amend or renew authorisation to carry out the activities as defined in points (a) to (c) of paragraph 1;

(b) ‘licencing procedures' means administrative or procedural rules that a natural or a juridical person, seeking authorisation to carry out the activities as defined in points (a) to (c) of paragraph 1, including the amendment or renewal of a licence, must adhere to in order to demonstrate compliance with licencing requirements;

(c) ‘qualification requirements' means substantive requirements relating to the competence of a natural person to supply a service, and which are required to be demonstrated for the purpose of obtaining authorisation to supply a service;

(d) ‘qualification procedures' means administrative or procedural rules that a natural person must adhere to in order to demonstrate compliance with qualification requirements, for the purpose of obtaining authorisation to supply a service;

(e) ‘competent authority' means any central, regional or local government and authority or non-governmental body in the exercise of powers delegated by central or regional or local governments or authorities, which takes a decision concerning the authorisation to supply a service, including through establishment or concerning the authorisation to establish in an economic activity other than services.

Article 94. Conditions for Licencing and Qualification

1. Each Party shall ensure that measures relating to licencing requirements and procedures, qualification requirements and procedures are based on criteria which preclude the competent authorities from exercising their power of assessment in an arbitrary manner.

2. The criteria referred to in paragraph 1 shall be:

(a) proportionate to a public policy objective;

(b) clear and unambiguous;

(c) objective;

(d) pre-established;

(e) made public in advance;

(f) transparent and accessible.

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

4. Each Party shall maintain or institute judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected entrepreneur or service supplier, for a prompt review of, and where justified, appropriate remedies for, administrative decisions affecting establishment, cross-border supply of services or temporary presence of natural persons for business purposes. Where such procedures are not independent of the agency entrusted with the administrative decision concerned, each Party shall ensure that the procedures in fact provide for an objective and impartial review.

5. Where the number of licences available for a given activity is limited because of the scarcity of available natural resources or technical capacity, each Party shall apply a selection procedure to potential candidates which provides full guarantees of impartiality and transparency, including, in particular, adequate publicity about the launch, conduct and completion of the procedure.

6. Subject to the provisions specified by this Article, in establishing the rules for the selection procedure, each Party may take into account public policy objectives, including considerations of health, safety, the protection of the environment and the preservation of cultural heritage.

Article 95. Licencing and Qualification Procedures

1. Licencing and qualification procedures and formalities shall be clear, made public in advance and be such as to provide the applicants with a guarantee that their application will be dealt with objectively and impartially.

2. Licencing and qualification procedures and formalities shall be as simple as possible and shall not unduly complicate or delay the provision of the service. Any licencing fees (1) which the applicants may incur from their application should be reasonable and proportionate to the cost of the authorisation procedures in question.

3. Each Party shall ensure that the procedures used by, and the decisions of, the competent authority in the licencing or authorisation process are impartial with respect to all applicants. The competent authority should reach its decision in an independent manner and not be accountable to any supplier of the services for which the licence or authorisation is required.

  • 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