EU - Georgia Association Agreement (2014)
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(e) seeking solutions to technical barriers to trade that may arise; and

(f) where appropriate, undertaking efforts to coordinate their positions on matters of mutual interest in international trade and regulatory organisations such as the WTO and the United Nations Economic Commission for Europe (UNECE).

Article 47. Approximation of Technical Regulations, Standards, and Conformity Assessment

1. Having regard to its priorities for approximation in different sectors, Georgia shall take the measures necessary in order to gradually achieve approximation with the Union's technical regulations, standards, metrology, accreditation, conformity assessment, corresponding systems and market surveillance system, and undertakes to follow the principles and the practice laid down in the relevant Union acquis (indicative list in Annex III-B to this Agreement). A list of the measures for approximation is set out in Annex III-A to this Agreement, which may be amended by a decision of the Association Committee in Trade configuration, as set out in Article 408(4) of this Agreement.

2. With a view to reaching these objectives, Georgia shall:

(a) having regard to its priorities, progressively approximate its legislation to the relevant Union acquis; and

(b) achieve and maintain the level of administrative and institutional effectiveness necessary to provide an effective and transparent system that is required for the implementation of this Chapter.

3. Georgia shall refrain from amending its horizontal and sectoral legislation in the priority areas for approximation, except for approximating such legislation progressively to the corresponding Union acquis and for maintaining such approximation; and shall notify the Union of such changes in its domestic legislation.

4. Georgia shall ensure and facilitate the participation of its relevant national bodies in the European and international organisations for standardisation, legal and fundamental metrology, and conformity assessment, including accreditation, in accordance with the respective areas of activity of those bodies and the membership status available to them.

5. With a view to integrating its standardisation system, Georgia shall use best endeavours to ensure that its standards body:

(a) progressively transposes the corpus of European standards (EN) as national standards, including the harmonised European standards, the voluntary use of which shall give presumption of conformity with Union legislation transposed into Georgian legislation;

(b) simultaneously with such transposition, withdraws conflicting national standards;

(c) progressively fulfils the other conditions for full membership of the European standards organisations.

Article 48. Agreement on Conformity Assessment and Acceptance of Industrial Products (ACAA)

The Parties may ultimately agree to add an Agreement on Conformity Assessment and Acceptance of Industrial Products (ACAA) as a Protocol to this Agreement covering one or more sectors agreed upon following verification by the Union that the relevant Georgian horizontal and sectoral legislation, institutions and standards have been fully approximated to those of the Union. Such an ACAA will provide that trade between the Parties in products in the sectors that it covers shall take place under the same conditions as those applying to trade in such products between the Member States.

Article 49. Marking and Labelling

1. Without prejudice to the provisions of Articles 47 and 48 of this Agreement, and with respect to technical regulations relating to labelling or marking requirements, the Parties reaffirm the principles of Chapter 2.2 of the TBT Agreement that such requirements are not prepared, adopted or applied with a view to or with the effect of creating unnecessary obstacles to international trade. For this purpose, such labelling or marking requirements shall not be more trade-restrictive than necessary to fulfil a legitimate objective, taking account of the risks that non-fulfilment would create.

2. Regarding obligatory marking or labelling in particular, the Parties agree that:

(a) they will endeavour to minimise their needs for marking or labelling, except as required for the adoption of the Union acquis in this area and for the protection of health, safety or the environment, or for other reasonable public policy purposes;

(b) a Party may determine the form of labelling or marking but shall not require the approval, the registration or the certification of labels; and

(c) the Parties retain the right to require the information on the label or marking to be in a specified language.

Chapter 4. Sanitary and Phytosanitary Measures

Article 50. Objective

1. The objective of this Chapter is to facilitate trade in commodities covered by sanitary and phytosanitary measures (SPS measures), including all measures listed in Annex IV to this Agreement, between the Parties, whilst safeguarding human, animal or plant life or health, by:

(a) ensuring full transparency as regards measures applicable to trade, listed in Annex IV to this Agreement;

(b) approximating the Georgian regulatory system to that of the Union;

(c) recognising the animal and plant health status of the Parties and applying the principle of regionalisation;

(d) establishing a mechanism for the recognition of equivalence of measures maintained by a Party, listed in Annex IV to this Agreement;

(e) continuing to implement the SPS Agreement;

(f) establishing mechanisms and procedures for trade facilitation; and

(g) improving communication and cooperation between the Parties on measures listed in Annex IV to this Agreement.

2. This Chapter also aims at reaching a common understanding between the Parties concerning animal welfare standards.

Article 51. Multilateral Obligations

The Parties re-affirm their rights and obligations under the WTO Agreements, and in particular the SPS Agreement.

Article 52. Scope

This Chapter shall apply to all sanitary and phytosanitary measures of a Party that may, directly or indirectly, affect trade between the Parties, including all measures listed in Annex IV to this Agreement. This scope is without prejudice to the scope of approximation as set out in Article 55 of this Agreement.

Article 53. Definitions

For the purposes of this Chapter, the following definitions shall apply:

(1) ‘sanitary and phytosanitary measures’ means measures as defined in paragraph 1 of Annex A to the SPS Agreement (SPS measures);

(2) ‘animals’ means animals as defined in the Terrestrial Animal Health Code or the Aquatic Animal Health Code of the World Organisation for Animal Health (OIE), respectively;

(3) ‘animal products’ means products of animal origin, including aquatic animal products as defined in the Aquatic Animal Health Code of the OIE;

(4) ‘animal by-products not intended for human consumption’ means entire bodies or parts of animals, products of animal origin or other products obtained from animals that are not intended for human consumption as listed in Part 2(II) of Annex IV-A to this Agreement;

(5) ‘plants’ means living plants and specified living parts thereof, including seeds and germplasm:

(a) fruits, in the botanical sense, other than those preserved by deep freezing;

(b) vegetables, other than those preserved by deep freezing;

(c) tubers, corms, bulbs, rhizomes;

(d) cut flowers;

(e) branches with foliage;

(f) cut trees retaining foliage;

(g) plant tissue cultures;

(h) leaves, foliage;

(i) live pollen; and

(j) bud-wood, cuttings, scions.

(6) ‘plant products’ means products of plant origin, unprocessed or having undergone simple preparation in so far as these are not plants, set out in Part 3 of Annex IV-A to this Agreement;

(7) ‘seeds’ means seeds in the botanical sense, intended for planting;

(8) ‘pests’ means any species, strain or biotype of plant, animal or pathogenic agent injurious to plants or plant products (harmful organisms);

(9) ‘protected zones’ means zones within the meaning of Article 2(1)(h) of Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community, or any successor provision;

(10) ‘animal disease’ means a clinical or pathological manifestation in animals of an infection;

(11) ‘aquaculture disease’ means clinical or non-clinical infection with one or more of the aetiological agents of the diseases referred to in the Aquatic Animal Health Code of the OIE;

(12) ‘infection in animals’ means the situation where animals maintain an infectious agent with or without presence of clinical or pathological manifestation of an infection;

(13) ‘animal welfare standards’ means standards for the protection of animals developed and applied by the Parties and, as appropriate, in line with the OIE standards;

(14) ‘appropriate level of sanitary and phytosanitary protection’ means the appropriate level of sanitary and phytosanitary protection as defined in paragraph 5 of Annex A to the SPS Agreement;

(15) ‘region’ means with regard to animal health a zone or a region as defined in the Terrestrial Animal Health Code of the OIE, and with regard to aquaculture a zone as defined in the Aquatic Animal Health Code of the OIE. For the Union the term ‘territory’ or ‘country’ shall mean the territory of the Union;

(16) ‘pest free area (PFA)’ means an area in which a specific pest does not occur as demonstrated by scientific evidence and in which, where appropriate, this condition is being officially maintained;

(17) ‘regionalisation’ means the concept of regionalisation as described in Article 6 of the SPS Agreement;

(18) ‘consignment of animals or animal products’ means a number of animals or a quantity of animal products of the same type, covered by the same certificate or document, conveyed by the same means of transport, consigned by a single consignor and originating in the same exporting Party or region(s) of the Party. A consignment of animals may be composed of one or more commodities or lots;

(19) ‘consignment of plants or plant products’ means a quantity of plants, plant products and/or other objects being moved from a Party to another Party and covered, when required, by a single phytosanitary certificate. A consignment may be composed of one or more commodities or lots;

(20) ‘lot’ means a number or units of a single commodity, identifiable by its homogeneity of composition and origin, and forming part of a consignment;

(21) ‘equivalence for trade purposes’ (equivalence) means that the measures listed in Annex IV to this Agreement applied in the exporting Party, whether or not different from the measures listed in that Annex applied in the importing Party, objectively achieve the importing Party's appropriate level of protection or acceptable level of risk;

(22) ‘sector’ means the production and trade structure for a product or category of products in a Party;

(23) ‘sub-sector’ means a well-defined and controlled part of a sector;

(24) ‘commodity’ means the products or objects referred to in points 2 to 7;

(25) ‘specific import permit’ means a formal prior authorisation by the competent authorities of the importing Party addressed to an individual importer as a condition for import of a single consignment or multiple consignments of a commodity from the exporting Party, within the scope of this Chapter;

(26) ‘working days’ means weekdays except Sunday, Saturday and public holidays in one of the Parties;

(27) ‘inspection’ means the examination of any aspect of feed, food, animal health and animal welfare in order to verify that such aspect(s) comply with the legal requirements of feed and food law and animal health and animal welfare rules;

(28) ‘plant health inspection’ means official visual examination of plants, plant products or other regulated objects to determine if pests are present and/or to determine compliance with phytosanitary regulations;

(29) ‘verification’ means checking, by examination and consideration of objective evidence, whether specified requirements have been fulfilled.

Article 54. Competent Authorities

The Parties shall inform each other about the structure, organisation and division of competences of their competent authorities during the first meeting of the Sanitary and Phytosanitary Sub-Committee referred to in Article 65 of this Agreement (‘SPS Sub-Committee’). The Parties shall inform each other of any change of the structure, organisation and division of competences, including of the contact points, concerning such competent authorities.

Article 55. Gradual Approximation

1. Georgia shall continue to gradually approximate its sanitary and phytosanitary, animal welfare and other legislative measures as laid down in Annex IV to this Agreement to that of the Union in accordance with the principles and procedure set out in Annex XI to this Agreement.

2. The Parties shall cooperate on gradual approximation and capacity building.

3. The SPS Sub-Committee shall regularly monitor the implementation of the approximation process set out in Annex XI to this Agreement in order to provide necessary recommendations on approximation.

4. No later than six months after the entry into force of this Agreement, Georgia shall submit a list of the EU sanitary and phytosanitary, animal welfare and other legislative measures as defined in Annex IV to this Agreement that Georgia will approximate. The list shall be divided into priority areas, in which trade in a specific commodity or a group of commodities will be facilitated by means of approximation. This approximation list shall serve as a reference document for the implementation of this Chapter.

Article 56. Recognition for Trade Purposes of Animal Health and Pest Status and Regional Conditions

Recognition of status for animal diseases, infections in animals or pests

1. As regards animal diseases and infections in animals (including zoonosis), the following shall apply:

(a) the importing Party shall recognise for trade purposes the animal health status of the exporting Party or its regions determined in accordance with the procedure set out in Annex VI to this Agreement, with respect to animal diseases specified in Annex V-A to this Agreement;

(b) where a Party considers that it has, for its territory or a region within its territory, a special status with respect to a specific animal disease other than a disease listed in Annex V-A to this Agreement, it may request recognition of this status in accordance with the procedure laid down in Annex VI Part C to this Agreement. In this regard, the importing Party may request guarantees, accompanied with an explanatory note, in respect of imports of live animals and animal products, which are appropriate to the agreed status of the Parties;

(c) the Parties recognise as the basis for trade between them the status of the territories or the regions, or the status in a sector or a sub-sector of the Parties related to the prevalence or the incidence of an animal disease other than a disease listed in Annex V-A to this Agreement, or related to infections in animals and/or the associated risk, as appropriate, as determined by the OIE. In this regard, the importing Party may request guarantees, in respect of imports of live animals and animal products, which are appropriate to the defined status in accordance with the recommendations of OIE; and

(d) without prejudice to Articles 58, 60 and 64 of this Agreement, and unless the importing Party raises an explicit objection and requests supporting or additional information, consultations and/or verification, each Party shall take without undue delay the necessary legislative and administrative measures to allow trade on the basis of the provisions of points (a), (b) and (c) of this paragraph.

2. As regards pests, the following shall apply:

(a) the Parties recognise for trade purposes the pest status in respect of pests specified in Annex V-B to this Agreement as determined in Annex VI-B; and

(b) without prejudice to Articles 58, 60 and 64 of this Agreement, and unless the importing Party raises an explicit objection and requests supporting or additional information, consultations and/or verification, each Party shall take without undue delay the necessary legislative and administrative measures to allow trade on the basis of the provision of point (a) of this paragraph.

Recognition of regionalisation/zoning, pest free areas (PFAs) and protected zones (PZs)

3. The Parties recognise the concept of regionalisation and PFAs as specified in the relevant International Plant Protection Convention of 1997 (IPPC) and the International Standards for Phytosanitary Measures (ISPMs) of the Food and Agriculture Organisation (FAO), and of protected zones in accordance with Directive 2000/29/EC, which they agree to apply to trade between them.

4. The Parties agree that regionalisation decisions for animal and fish diseases listed in Annex V-A to this Agreement and for pests listed in Annex V-B to this Agreement shall be taken in accordance with the provisions of Part A and B of Annex VI to this Agreement.

5. As regards animal diseases in accordance with the provisions of Article 58 of this Agreement the exporting Party seeking recognition of its regionalisation decision by the importing Party shall notify its measures with full explanations and supporting data for its determinations and decisions. Without prejudice to Article 59 of this Agreement, and unless the importing Party raises an explicit objection and requests additional information, consultations and/or verification within 15 working days following receipt of the notification, the regionalisation decision so notified shall be deemed accepted.

The consultations referred to in the first subparagraph of this paragraph shall take place in accordance with Article 59(3) of this Agreement. The importing Party shall assess the additional information within 15 working days following receipt of the additional information. The verification referred to in the first subparagraph of this paragraph shall be carried out in accordance with Article 62 of this Agreement within 25 working days following receipt of the request for verification.

6. As regards pests, each Party shall ensure that trade in plants, plant products and other objects takes account, as appropriate, of the pest status in an area recognised as a protected zone or as a PFA by the other Party. A Party seeking recognition of its PFA by the other Party shall notify its measures and, upon request, provide full explanation and supporting data for its establishment and maintenance, as guided by appropriate FAO or IPPC standards, including ISPMs.

Without prejudice to Article 64 of this Agreement, and unless a Party raises an explicit objection and requests additional information, consultations and/or verification within three months following the notification, the regionalisation decision for PFA so notified shall be deemed accepted; and

The consultations referred to in the first subparagraph of this paragraph shall take place in accordance with Article 59(3) of this Agreement. The importing Party shall assess the additional information within three months following the receipt of the additional information. The verification referred to in the first subparagraph of this paragraph shall be carried out in accordance with Article 62 of this Agreement within 12 months following the receipt of the request for verification, taking into account the biology of the pest and the crop concerned.

7. After finalisation of the procedures of paragraphs 4 to 6, and without prejudice to Article 64 of this Agreement, each Party shall take, without undue delay, the necessary legislative and administrative measures to allow trade on that basis.

Compartmentalisation

8. The Parties may engage in further discussions with regard to the issue of compartmentalisation.

Article 57. Recognition of Equivalence

1. Equivalence may be recognised in relation to:

(a) an individual measure;

(b) a group of measures; or

(c) a system applicable to a sector, sub-sector, commodities or a group of commodities.

2. As regards recognition of equivalence the Parties shall follow the process set out in paragraph 3 of this Article. This process shall include an objective demonstration of equivalence by the exporting Party and an objective assessment of the request by the importing Party. This assessment may include inspections or verifications.

3. Upon request of the exporting Party concerning recognition of equivalence as set out in paragraph 1 of this Article the Parties shall without delay and no later than three months following the receipt of such a request by the importing Party, initiate the consultation process which includes the steps set out in Annex VIII to this Agreement. In case of multiple requests from the exporting Party, the Parties, upon request of the importing Party, shall agree within the SPS Sub-Committee referred to in Article 65 of this Agreement on a time schedule in which they shall initiate and conduct the process referred to in this paragraph.

4. Georgia shall notify the Union as soon as approximation is achieved in relation to a measure, a group of measures or a system as set out in paragraph 1 of this Article as a result of the monitoring provided for in Article 55(3) of this Agreement. This fact shall be considered as a basis for a request of Georgia to initiate the process of the recognition of equivalence of the measures concerned, as set out in paragraph 3 of this Article.

5. Unless otherwise agreed, the importing Party shall finalise the process for recognition of equivalence referred to in paragraph 3 of this Article within 360 days after the receipt of the request of the exporting Party, including a dossier demonstrating the equivalence. This time-limit may be extended with regard to seasonal crops when it is justifiable to delay the assessment to permit verification during a suitable period of growth of a crop.

6. The importing Party determines equivalence as regards plants, plant products and other objects in accordance with the relevant ISPMs.

7. The importing Party may withdraw or suspend equivalence on the basis of any amendment by one of the Parties of measures affecting equivalence, provided that the following procedure is followed:

(a) in accordance with the provisions of Article 58(2) of this Agreement, the exporting Party shall inform the importing Party of any proposal for amendment of its measures for which equivalence of measures is recognised and the likely effect of the proposed measures on the equivalence which has been recognised. Within 30 working days following the receipt of this information, the importing Party shall inform the exporting Party whether or not equivalence would continue to be recognised on the basis of the proposed measures;

(b) in accordance with the provisions of Article 58(2) of this Agreement, the importing Party shall promptly inform the exporting Party of any proposal for amendment of its measures on which recognition of equivalence has been based and the likely effect of the proposed measures on the equivalence which has been recognised. Should the importing Party not continue to recognise equivalence, the Parties may agree on the conditions under which to reinitiate the process referred to in paragraph 3 of this Article on the basis of the proposed measures.

8. The recognition, suspension or withdrawal of equivalence rests solely with the importing Party acting in accordance with its administrative and legislative framework. That Party shall provide to the exporting Party in writing full explanation and supporting data used for the determinations and decisions covered by this Article. In case of non-recognition, suspension or withdrawal of equivalence, the importing Party shall indicate to the exporting Party the required conditions on the basis of which the process referred to in paragraph 3 may be reinitiated.

9. Without prejudice to Article 64 of this Agreement, the importing Party may not withdraw or suspend equivalence before the proposed new measures of either Party enter into force.

10. In case equivalence is formally recognised by the importing Party, on the basis of the consultation process as set out in Annex VIII to this Agreement, the SPS Sub-Committee shall, in accordance with the procedure set out in Article 65(5) of this Agreement, declare the recognition of equivalence in trade between the Parties. This decision may also provide for the reduction of physical checks at the frontiers, simplification of certificates and pre-listing procedures for the establishments, as applicable.

The status of recognition of equivalence shall be listed in Annex XII to this Agreement.

Article 58. Transparency and Exchange of Information

1. Without prejudice to Article 59 of this Agreement, the Parties shall cooperate to enhance mutual understanding of the other Party's official control structure and mechanisms tasked with the application of the measures listed in Annex IV to this Agreement and of the performance of such structure and mechanism. This can be achieved, inter alia, through reports of international audits when these are made public and the Parties can exchange information on the results of such audits or other information, as appropriate.

2. In the framework of approximation of legislation as referred to in Article 55 of this Agreement or of recognition of equivalence as referred to in Article 57 of this Agreement, the Parties shall keep each other informed of legislative or procedural changes adopted in the concerned areas.

3. In this context, the Union shall inform Georgia well in advance of changes to the Union legislation to allow Georgia to consider modification of its legislation accordingly.

The necessary level of cooperation should be reached in order to facilitate transmission of legislative documents upon request of one of the Parties.

To this effect, each Party shall notify the other Party of its contact points. The Parties shall also notify each other of any changes to the contact points.

Article 59. Notification, Consultation and Facilitation of Communication

1. Each Party shall notify in writing the other Party within two working days of any serious or significant human, animal or plant health risk, including any food control emergencies or situations where there is a clearly identified risk of serious health effects associated with the consumption of animal or plant products, in particular:

(a) any measures affecting regionalisation decisions referred to in Article 56 of this Agreement;

(b) the presence or evolution of any animal disease listed in Annex V-A to this Agreement or of the regulated pests listed in Annex V-B to this Agreement;

(c) findings of epidemiological importance or important associated risks with respect to animal diseases and pests which are not listed in Annexes V-A and V-B to this Agreement or which are new animal diseases or pests; and

(d) any additional measures beyond the basic requirements to their respective measures taken to control or eradicate animal diseases or pests or protect public or plant health and any changes in prophylactic policies, including vaccination policies.

2. Notifications shall be made in writing to the contact points referred to in Article 58(1) of this Agreement.

A notification in writing means notification by mail, fax or e-mail.

3. Where a Party has serious concerns regarding a risk to human, animal or plant health, consultations regarding the situation shall, upon request of that Party, take place as soon as possible and, in any case, within 15 working days from the date of that request. In such situations, each Party shall endeavour to provide all the information necessary to avoid a disruption in trade, and to reach a mutually acceptable solution consistent with the protection of human, animal or plant health.

4. Upon request of a Party, consultations regarding animal welfare shall take place as soon as possible and, in any case, within 20 working days from the date of notification. In such situations, each Party shall endeavour to provide all the requested information.

5. Upon request of a Party, consultations as referred to in paragraphs 3 and 4 of this Article shall be held by video or audio conference. The requesting Party shall ensure the preparation of the minutes of the consultation, which shall be formally approved by the Parties. For the purposes of this approval, the provisions of Article 58(3) of this Agreement shall apply.

6. A mutually applied rapid alert system and early warning mechanism for any veterinary and phytosanitary emergencies will start at a later stage after Georgia implements the necessary legislation in this field and creates conditions for their proper working on the spot.

Article 60. Trade Conditions

1. Import conditions prior to recognition of equivalence:

(a) The Parties agree to subject imports of any commodity covered by Annexes IV-A and IV-C(2) and (3) to this Agreement to conditions prior to recognition of equivalence. Without prejudice to the decisions taken in accordance with Article 56 of this Agreement, the import conditions of the importing Party shall be applicable to the total territory of the exporting Party. Upon entry into force of this Agreement and in accordance with the provisions of Article 58 of this Agreement, the importing Party shall inform the exporting Party of its sanitary and/or phytosanitary import requirements for commodities referred to in Annexes IV-A and IV-C to this Agreement. This information shall include, as appropriate, the models for the official certificates or declarations or commercial documents, as prescribed by the importing Party; and

(b) (i) Any amendment or proposed amendment of the conditions referred to in paragraph 1(a) of this Article shall comply with the relevant notification procedures of the SPS Agreement;

(ii) Without prejudice to the provisions of Article 64 of this Agreement, the importing Party shall take into account the transport time between the Parties to establish the date of entering into force of the amended conditions referred to in paragraph 1(a) of this Article; and

(iii) If the importing Party fails to comply with the notification requirements referred to in paragraph 1(a) of this Article, it shall continue to accept the certificate or the attestation guaranteeing the previously applicable conditions until 30 days after the amended import conditions enter into force.

2. Import conditions after recognition of equivalence:

(a) Within 90 days following the date of the decision on recognition of equivalence as specified in Article 57(10) of this Agreement, the Parties shall take the necessary legislative and administrative measures to implement the recognition of equivalence in order to allow on that basis trade between them of commodities referred to in Annexes IV-A and IV-C(2) and (3) to this Agreement. For those commodities, the model for the official certificate or official document required by the importing Party may, then, be replaced by a certificate drawn up as provided for in Annex X-B to this Agreement;

(b) For commodities in sectors or sub-sectors for which not all measures are recognised as equivalent, trade shall continue on the basis of compliance with the conditions referred to in paragraph 1(a) of this Article. Upon request of the exporting Party, the provisions of paragraph 5 of this Article shall apply.

3. From the date of entry into force of this Agreement, the commodities referred to Annexes IV-A and IV-C(2) to this Agreement shall not be subject to an import permit between 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