EU - Georgia Association Agreement (2014)
Previous page Next page

2. Georgia shall designate in particular:

(a) an executive body at central government level tasked with guaranteeing a coherent policy and its implementation in all areas related to public procurement. That body shall facilitate and coordinate the implementation of this Chapter and guide the process of gradual approximation to the Union acquis, as set out in Annex XVI-B to this Agreement;

(b) an impartial and independent body tasked with the review of decisions taken by contracting authorities or entities during the award of contracts. In this context, ‘independent' means that that body shall be a public authority which is separate from all contracting entities and economic operators. There shall be a possibility to subject the decisions taken by this body to judicial review.

3. Each Party shall ensure that decisions taken by the authorities responsible for the review of complaints by economic operators concerning infringements of domestic law shall be effectively enforced.

Article 144. Basic Standards Regulating the Award of Contracts

1. No later than three years from the entry into force of this Agreement, the Parties shall comply with a set of basic standards for the award of all contracts as stipulated in paragraphs 2 to 15 of this Article. These basic standards derive directly from the rules and principles of public procurement, as regulated in the Union public procurement acquis, including the principles of non-discrimination, equal treatment, transparency and proportionality.

Publication

2. Each Party shall ensure that all intended procurements are published in an appropriate media (1) in a manner that is sufficient:

(a) to enable the market to be opened up to competition; and

(b) to allow any interested economic operator to have appropriate access to information regarding the intended procurement prior to the award of the contract and to express its interest in obtaining the contract.

3. The publication shall be appropriate to the economic interest of the contract to economic operators.

4. The publication shall contain at least the essential details of the contract to be awarded, the criteria for qualitative selection, the award method, the contract award criteria and any other additional information that the economic operators reasonably need to decide whether to express their interest in obtaining the contract.

Award of contracts

5. All contracts shall be awarded through transparent and impartial award procedures that prevent corruptive practices. This impartiality shall be ensured in particular through the non-discriminatory description of the subject matter of the contract, equal access for all economic operators, appropriate time-limits and a transparent and objective approach.

6. When describing the characteristics of the required work, supply or service, the contracting entities shall use general descriptions of performance and functions and international, European or national standards.

7. The description of the characteristics required of a work, supply or service shall not refer to a specific make or source, or a particular process, or to trademarks, patents, types or a specific origin or production unless such a reference is justified by the subject matter of the contract and accompanied by the words ‘or equivalent'. Preference shall be given to the use of general descriptions of performance or functions.

8. Contracting entities shall not impose conditions resulting in direct or indirect discrimination against the economic operators of the other Party, such as the requirement that economic operators interested in the contract must be established in the same country, region or territory as the contracting entity. Notwithstanding the above, in cases where it is justified by the specific circumstances of the contract, the successful applicant may be required to establish certain business infrastructure at the place of performance.

9. The time-limits for expression of interest and for submission of offers shall be sufficiently long to allow economic operators from the other Party to make a meaningful assessment of the tender and prepare their offer.

10. All participants must be able to know the applicable rules, selection criteria and award criteria in advance. Those rules must apply equally to all participants.

11. Contracting entities may invite a limited number of applicants to submit an offer, provided that:

(a) this is done in a transparent and non-discriminatory manner; and

(b) the selection is based only on objective factors such as the experience of the applicants in the sector concerned, the size and infrastructure of their businesses or their technical and professional abilities. In inviting a limited number of applicants to submit an offer, account shall be taken of the need to ensure adequate competition.

12. Contracting entities may use negotiated procedures only in exceptional and defined cases when the use of such a procedure effectively does not distort competition.

13. Contracting entities may use qualification systems only under the condition that the list of qualified operators is compiled by means of a sufficiently advertised, transparent and open procedure. Contracts falling within the scope of such a system shall be awarded also on a non-discriminatory basis.

14. Each Party shall ensure that contracts are awarded in a transparent manner to the applicant who has submitted the economically most advantageous offer or the offer with the lowest price, based on the tender criteria and the procedural rules established and communicated in advance. The final decisions shall be communicated to all applicants without undue delay. Upon request of an unsuccessful applicant, reasons must be provided in sufficient detail to allow the review of such a decision.

Judicial protection

15. Each Party shall ensure that any person having or having had an interest in obtaining a particular contract and who has been, or risks, being harmed by an alleged infringement is entitled to effective, impartial judicial protection against any decision of the contracting entity related to the award of that contract. The decisions taken in the course and at the end of such review procedure shall be made public in a manner that is sufficient to inform all interested economic operators.

(1) Wherever Union legislation that is subject to the process of approximation under this Chapter makes reference to publication in the Official Journal of the European Union, it is understood that in Georgia such publication shall be in the official means of publication of Georgia.

Article 145. Planning of Gradual Approximation

1. Prior to the commencement of gradual approximation, Georgia shall submit to the Association Committee in Trade configuration, as set out in Article 408(4) of this Agreement, a comprehensive roadmap for the implementation of this Chapter with time schedules and milestones which shall include all reforms in terms of approximation to the Union acquis and institutional capacity building. This roadmap shall comply with the phases and time schedules set out in Annex XVI-B to this Agreement.

2. Following a favourable opinion by the Association Committee in Trade configuration, the roadmap shall be considered as the reference document for the implementation of this Chapter. The Union shall make its best efforts in assisting Georgia in the implementation of the roadmap.

Article 146. Gradual Approximation

1. Georgia shall ensure that its legislation on public procurement will be gradually approximated to the Union's public procurement acquis.

2. Approximation to the Union acquis shall be carried out in consecutive phases as set out in the schedule in Annex XVI-B to this Agreement and further specified in Annexes XVI-C to XVI-F, XVI-H, XVI-I, and XVI-K thereto. Annexes XVI- G and XVI-J to this Agreement identify non-mandatory elements that need not be approximated, whereas Annexes XVI-L to XVI-O to this Agreement identify elements of the Union acquis that remain outside the scope of approximation. In this process, due account shall be taken of the corresponding case law of the Court of Justice of the European Union and the implementing measures adopted by the European Commission as well as, should it become necessary, of any modifications of the Union acquis occurring in the meantime. The implementation of each phase shall be evaluated by the Association Committee in Trade configuration, as set out in Article 408(4) of this Agreement, and, following a positive assessment by that Committee, be linked to the reciprocal granting of market access as set out in Annex XVI-B to this Agreement. The European Commission shall notify Georgia without undue delay of any modifications of the Union acquis. It shall, upon request, provide appropriate advice and technical assistance for the purpose of implementing such modifications.

3. The Association Committee in Trade configuration shall only proceed to the evaluation of a next phase once the measures to implement the previous phase have been carried out and approved in accordance with the modalities set out in paragraph 2.

4. Each Party shall ensure that those aspects and areas of public procurement which are not covered by this Article comply with the principles of transparency, non-discrimination and equal treatment as set out under Article 144 of this Agreement.

Article 147. Market Access

1. The Parties agree that the effective and reciprocal opening of their respective markets shall be attained gradually and simultaneously. During the process of approximation, the extent of the market access mutually granted shall be linked to the progress made in this process as stipulated in Annex XVI-B to this Agreement.

2. The decision to proceed to a further phase of market opening shall be made on the basis of an assessment of the compliance of the legislation adopted with the Union acquis as well as its practical implementation. Such assessment shall be carried out regularly by the Association Committee in Trade configuration, as set out in Article 408(4) of this Agreement.

3. In so far as a Party has, in accordance with Annex XVI-B to this Agreement, opened its procurement market to the other Party:

(a) the Union shall grant access to contract award procedures to Georgian companies, whether established or not in the Union, pursuant to the Union public procurement rules under treatment no less favourable than that accorded to Union companies;

(b) Georgia shall grant access to contract award procedures for Union companies, whether established or not in Georgia, pursuant to national procurement rules under treatment no less favourable than that accorded to Georgian companies.

4. After the implementation of the last phase in the process of approximation, the Parties will examine the possibility to mutually grant market access with regard to procurement below the value thresholds set out in Annex XVI-A to this Agreement.

5. Finland reserves its position with regard to the Åland Islands.

Article 148. Information

1. Each Party shall ensure that contracting entities and economic operators are appropriately informed about public procurement procedures, including through the publication of all relevant legislation and administrative rulings.

2. Each Party shall ensure the effective dissemination of information on tendering opportunities.

Article 149. Cooperation

1. The Parties shall enhance their cooperation through exchanges of experience and information relating to their best practices and regulatory frameworks.

2. The Union shall facilitate the implementation of this Chapter, including through technical assistance where appropriate. In line with the provisions on financial cooperation in Title VII (Financial Assistance, and Anti-fraud and Control Provisions) of this Agreement, specific decisions on financial assistance shall be taken through the relevant Union funding mechanisms and instruments.

3. An indicative list of issues for cooperation is included in Annex XVI-P to this Agreement.

Chapter 9. Intellectual Property Rights

Section 1. General Provisions

Article 150. Objectives

The objectives of this Chapter are to:

(a) facilitate the production and commercialisation of innovative and creative products between the Parties; and

(b) achieve an adequate and effective level of protection and enforcement of intellectual property rights.

Article 151. Nature and Scope of Obligations

1. The Parties shall ensure the adequate and effective implementation of the international treaties dealing with intellectual property to which they are parties including the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). The provisions of this Chapter shall complement and further specify the rights and obligations between the Parties under the TRIPS Agreement and other international treaties in the field of intellectual property.

2. For the purposes of this Agreement, the expression ‘intellectual property' refers at least to all categories of intellectual property that are covered by Articles 153 to 189 of this Agreement. 3. Protection of intellectual property includes protection against unfair competition as referred to in Article 10bis of the Paris Convention for the Protection of Industrial Property of 1967 (Paris Convention).

Article 152. Exhaustion

Each Party shall provide for a regime of domestic or regional exhaustion of intellectual property rights.

Section 2. Standards Concerning Intellectual Property Rights

Subsection 1. Copyright and Related Rights

Article 153. Protection Granted

The Parties reaffirm their commitment to:

(a) the rights and obligations set out in the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention);

(b) the International Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations of 1961;

(c) the TRIPS Agreement;

(d) the WIPO Copyright Treaty;

(e) the WIPO Performances and Phonograms Treaty.

Article 154. Authors

Each Party shall provide for authors the exclusive right to authorise or prohibit:

(a) the direct or indirect, temporary or permanent reproduction by any means and in any form, in whole or in part of their works;

(b) any form of distribution to the public by sale or otherwise of the original of their works or of copies thereof;

(c) any communication to the public of their works, by wire or wireless means, including the making available to the public of their works in such a way that members of the public may access them from a place and at a time individually chosen by them.

Article 155. Performers

Each Party shall provide for performers the exclusive right to:

(a) authorise or prohibit the fixation (1) of their performances;

(b) authorise or prohibit the direct or indirect, temporary or permanent reproduction by any means and in any form, in whole or in part, of fixations of their performances;

(c) make available to the public, by sale or otherwise, fixations of their performances;

(d) authorise or prohibit the making available to the public, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them, of fixations of their performances;

(e) authorise or prohibit the broadcasting by wireless means and the communication to the public of their performances, except where the performance is itself already a broadcast performance or is made from a fixation.

(1) For the purposes of this Chapter, ‘fixation' means the embodiment of sounds or images, or of the representations thereof, from which they can be perceived, reproduced or communicated through a device.

Article 156. Producers of Phonograms

Each Party shall provide for phonogram producers the exclusive right to:

(a) authorise or prohibit the direct or indirect, temporary or permanent reproduction by any means and in any form, in whole or in part, of their phonograms;

(b) make available to the public, by sale or otherwise, their phonograms, including copies thereof;

(c) authorise or prohibit the making available of their phonograms to the public, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them.

Article 157. Broadcasting Organisations

Each Party shall provide for broadcasting organisations the exclusive right to authorise or prohibit:

(a) the fixation of their broadcasts;

(b) the reproduction of fixations of their broadcasts;

(c) the making available to the public, by wire or wireless means, of fixations of their broadcasts; and

(d) the rebroadcasting of their broadcasts by wireless means, as well as the communication to the public of their broadcasts if such communication is made in places accessible to the public against payment of an entrance fee.

Article 158. Broadcasting and Communication to the Public

1. Each Party shall provide a right in order to ensure that a single equitable remuneration is paid by the user, if a phonogram published for commercial purposes, or a reproduction of such phonogram, is used for broadcasting by wireless means or for any communication to the public, and to ensure that this remuneration is shared between the relevant performers and phonogram producers.

2. Each Party may, in the absence of agreement between the performers and phonogram producers, lay down the conditions as to the sharing of this remuneration between them.

Article 159. Term of Protection

1. The rights of an author of a literary or artistic work within the meaning of Article 2 of the Berne Convention shall run for the life of the author and for 70 years after his/her death, irrespective of the date when the work is lawfully made available to the public.

2. The term of protection of a musical composition with words shall expire 70 years after the death of the last of the following persons to survive, whether or not those persons are designated as co-authors: the author of the lyrics and the composer of the musical composition, provided that both contributions were specifically created for the respective musical composition with words.

3. The rights of performers shall expire no less than 50 years after the date of the performance. However:

(a) if a fixation of the performance otherwise than in a phonogram is lawfully published or lawfully communicated to the public within this period, the rights shall expire 50 years from the date of the first such publication or the first such communication to the public, whichever is the earlier,

(b) if a fixation of the performance in a phonogram is lawfully published or lawfully communicated to the public within this period, the rights shall expire 70 years from the date of the first such publication or the first such communication to the public, whichever is the earlier.

4. The rights of producers of phonograms shall expire no less than 50 years after the fixation is made. However:

(a) if a phonogram has been lawfully published within this period, the said rights shall expire no less than 70 years from the date of the first lawful publication. If no lawful publication has taken place within the period mentioned in the first sentence, and if the phonogram has been lawfully communicated to the public within this period, the said rights shall expire not less than 70 years from the date of the first lawful communication to the public;

(b) if 50 years after a phonogram is lawfully published or communicated to the public, the phonogram producer does not offer copies of the phonogram for sale in sufficient quantity, or does not make it available to the public, the performer may terminate the contract by which he/she has transferred or assigned his/her rights in the fixation of his/her performance to a phonogram producer.

5. The rights of broadcasting organisations shall expire no less than 50 years after the first transmission of a broadcast, whether this broadcast is transmitted by wire or wireless means, including by cable or satellite.

6. The terms laid down in this Article shall be calculated from the first of January of the year following the event which gives rise to them.

Article 160. Protection of Technological Measures

1. Each Party shall provide adequate legal protection against the circumvention of any effective technological measures, which the person concerned carries out in the knowledge, or with reasonable grounds to know, that he or she is pursuing that objective.

2. Each Party shall provide adequate legal protection against the manufacture, import, distribution, sale, rental, advertisement for sale or rental, or possession for commercial purposes of devices, products or components, or the provision of services which:

(a) are promoted, advertised or marketed for the purpose of circumvention of any effective technological measures;

(b) have only a limited commercially significant purpose or use other than to circumvent any effective technological measures, or

(c) are primarily designed, produced, adapted or performed for the purpose of enabling or facilitation the circumvention of any effective technological measures.

3. For the purposes of this Agreement, the expression ‘technological measures' means any technology, device or component that, in the normal course of its operation, is designed to prevent or restrict acts, in respect of works or other protected subject matter, which are not authorised by the right holder of any copyright or related right as provided for by domestic law. Technological measures shall be deemed ‘effective' where the use of a work or other protected subject matter is controlled by the right holders through application of an access control or protection process, such as encryption, scrambling or other transformation of the work or other subject matter or a copy control mechanism, which achieves the protection objective.

Article 161. Protection of Rights Management Information

1. Each Party shall provide adequate legal protection against any person performing without authority any of the following acts:

(a) the removal or alteration of any electronic rights-management information, or

(b) the distribution, importation for distribution, broadcasting, communication or making available to the public of works or other subject matter protected under this Agreement from which electronic rights-management information has been removed or altered without authority, if such person knows, or has reasonable grounds to know, that by so doing he/she is inducing, enabling, facilitating or concealing an infringement of any copyright or any related rights as provided by domestic law.

2. For the purposes of this Chapter, the expression ‘rights-management information' means any information provided by a right holder that identifies the work or other subject matter that is the object of protection under this Chapter, the author or any other right holder, or information about the terms and conditions of use of the work or other subject matter, and any numbers or codes that represent such information. Paragraph 1 shall apply when any of these items of information is associated with a copy of, or appears in connection with the communication to the public of, a work or other subject matter that is the object of protection under this Chapter.

Article 162. Exceptions and Limitations

1. In accordance with the conventions and international treaties to which they are Parties, each Party may provide for limitations or exceptions to the rights set out in Articles 154 to 159 of this Agreement only in certain special cases which do not conflict with a normal exploitation of the protected subject matter and which do not unreasonably prejudice the legitimate interests of the right holders.

2. Each Party shall provide that temporary acts of reproduction referred to in Articles 155 to 158 of this Agreement, which are transient or incidental, which are an integral and essential part of a technological process and the sole purpose of which is to enable:

(a) a transmission in a network between third parties by an intermediary, or

(b) a lawful use of a work or other protected subject matter to be made, and which have no independent economic significance, shall be exempted from the reproduction right provided for in Articles 155 to 158 of this Agreement.

Article 163. Artists' Resale Right In Works of Art

1. Each Party shall provide, for the benefit of the author of an original work of art, a resale right, to be defined as an inalienable right, which cannot be waived, even in advance, to receive a royalty based on the sale price obtained for any resale of the work, subsequent to the first transfer of the work by the author.

2. The right referred to in paragraph 1 shall apply to all acts of resale involving as sellers, buyers or intermediaries art market professionals, such as salesrooms, art galleries and, in general, any dealers in works of art.

3. Each Party may provide that the right referred to in paragraph 1 shall not apply to acts of resale where the seller has acquired the work directly from the author less than three years before that resale and where the resale price does not exceed a certain minimum amount.

4. The royalty shall be payable by the seller. Each Party may provide that one of the natural or legal persons referred to in paragraph 2 other than the seller shall alone be liable or shall share liability with the seller for payment of the royalty.

5. The protection provided may be claimed to the extent permitted by the Party where this protection is claimed. The procedure for collection and the amounts shall be matters for determination by domestic law.

Article 164. Cooperation on Collective Management of Rights

The Parties shall endeavour to promote dialogue and cooperation between their respective collective management societies for the purpose of promoting the availability of works and other protected subject matter and the transfer of royalties for the use of such works or other protected subject matter.

Subsection 2. Trademarks

Article 165. International Agreements

The Parties reaffirm their commitment to:

(a) the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, and

(b) the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks.

Article 166. Registration Procedure

1. Each Party shall provide for a system for the registration of trademarks in which each final negative decision taken by the relevant trademark administration shall be communicated to the applicant in writing and shall be duly reasoned.

2. Each Party shall provide for the possibility to oppose applications to register trademarks. Such opposition proceedings shall be adversarial.

3. The Parties shall provide a publicly available electronic database of applications and registrations of trademarks.

Article 167. Well-known Trademarks

Each Party shall give effect to Article 6bis of the Paris Convention and Article 16(2) and (3) of the TRIPS Agreement concerning the protection of well-known trademarks, and may take into consideration the Joint Recommendation Concerning Provisions on the Protection of Well-Known Marks adopted by the Assembly of the Paris Union for the Protection of Industrial Property and the General Assembly of the World Intellectual Property Organisation (WIPO) at the Thirty-Fourth Series of Meetings of the Assemblies of the Member States of WIPO (September 1999).

Article 168. Exceptions to the Rights Conferred by a Trademark

Each Party shall provide for limited exceptions to the rights conferred by a trademark, such as the fair use of descriptive terms, the protection of geographical indications as provided for in Article 176, or other limited exceptions that take account of the legitimate interests of the owner of the trademark and of third parties.

Subsection 3. Geographical Indications

Article 169. Scope

1. This Sub-Section applies to the recognition and protection of geographical indications which are originating in the territories of the Parties.

  • 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