Article 109.
The Parties shall develop and strengthen their cooperation on natural and man-made disasters. Cooperation shall be conducted while taking into account the interests of the Parties on the basis of equality and mutual benefit, as well as the interdependence existing between the Parties and multilateral activities in the field.
Article 110.
Cooperation shall aim at improving the prevention of, preparation for and response to natural and man-made disasters.
Article 111.
The Parties shall, inter alia, exchange information and expertise and implement joint activities on a bilateral basis and/or within the framework of multilateral programmes. Cooperation may take place, inter alia, through the implementation of specific agreements and/or administrative arrangements concluded between the Parties in the field of civil protection. The Parties may jointly decide on specific guidelines and/or work plans for the activities contemplated or planned under this Agreement.
Article 112.
The cooperation may cover the following objectives:
(a) exchanging and regularly updating contact details in order to ensure continuity of dialogue and in order to be able to contact each other on a 24-hour basis;
(b) facilitating mutual assistance in case of major emergencies, as appropriate and subject to the availability of sufficient resources;
(c) exchanging on a 24-hour basis early warnings and updated information on large-scale emergencies affecting the European Union or the Republic of Armenia, including requests for and offers of assistance;
(d) exchanging information on the provision of assistance by Parties to third countries for emergencies where the EU Civil Protection Mechanism is activated;
(e) cooperating with regard to host-nation support when requesting or providing assistance;
(f) exchanging best practices and guidelines in the field of disaster prevention, preparedness and response;
(g) cooperating on disaster risk reduction by addressing, inter alia: institutional linkages and advocacy; information, education and communication; and best practices aimed at preventing or mitigating the impact of natural hazards;
(h) cooperating with a view to improving the knowledge base on disasters and on hazard and risk assessment for disaster management;
(i) cooperating with regard to the assessment of the environmental and public-health impact of disasters;
(j) inviting experts to specific technical workshops and symposia on civil-protection issues;
(k) inviting, on a case-by-case basis, observers to specific exercises and training sessions organised by the European Union and/or the Republic of Armenia; and
(l) strengthening cooperation on the most effective use of available civil-protection capabilities.
Title VI. Trade and Trade Related Matters
Chapter 1. Trade In Goods
Article 113. Most-favoured-nation Treatment
1. Each Party shall accord most-favoured-nation treatment to goods of the other Party in accordance with Article I of the General Agreement on Tariffs and Trade 1994 ("GATT 1994") contained in Annex 1A of the Marrakesh Agreement Establishing the World Trade Organization, done on 15 April 1994 ("WTO Agreement"), including its interpretative notes, which are incorporated into and made part of this Agreement, mutatis mutandis.
2. Paragraph 1 of this Article does not apply in respect of preferential treatment accorded by either Party to goods of another country in accordance with GATT 1994.
Article 114. National Treatment
Each Party shall accord national treatment to goods of the other Party in accordance with Article III of GATT 1994, including its interpretative notes, which is incorporated into and made part of this Agreement, mutatis mutandis.
Article 115. Import Duties and Charges
Each Party shall apply import duties and charges in accordance with its obligations established under the WTO Agreement.
Article 116. Export Duties, Taxes or other Charges
Neither Party shall adopt or maintain any duties, taxes or other charges imposed on, or in connection with, the exportation of goods destined to the territory of the other Party that are in excess of those imposed on like goods destined for the domestic market.
Article 117. Import and Export Restrictions
1. Neither Party may adopt or maintain any prohibition or restriction other than duties, taxes or other charges, whether made effective through quotas, import or export licences or other measures, on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, in accordance with Article XI of GATT 1994 and its interpretative notes. To this end, Article XI of GATT 1994, including its interpretative notes, is incorporated into and made part of this Agreement, mutatis mutandis.
2. The Parties shall exchange information and good practices with regard to export controls on dual use goods with a view to promoting the convergence of the export controls of the European Union and of the Republic of Armenia.
Article 118. Remanufactured Goods
1. The Parties shall accord to remanufactured goods the same treatment as that provided to new like goods. A Party may require specific labelling of remanufactured goods in order to prevent the deception of consumers.
2. For greater certainty, Article 117 paragraph 1 applies to prohibitions and restrictions on remanufactured goods.
3. In accordance with its obligations under this Agreement and the WTO Agreements, a Party may require that remanufactured goods:
(a) be identified as such for distribution or sale in its territory; and
(b) meet all applicable technical requirements that apply to equivalent goods in new condition.
4. If a Party adopts or maintains prohibitions or restrictions on used goods, it shall not apply those measures to remanufactured goods.
5. For the purposes of this Article, a remanufactured good means a good that:
(a) is entirely or partially comprised of parts obtained from goods that have been used beforehand, and;
(b) has similar performance and working conditions compared to the original new good and is given the same warranty as the new good.
Article 119. Temporary Admission of Goods
Each Party shall grant the other Party exemption from import charges and duties on goods admitted temporarily, in the instances and according to the procedures stipulated by international agreements on the temporary admission of goods binding upon it. This exemption shall be applied pursuant to the laws and regulations of each Party.
Article 120. Transit
The Parties agree that the principle of freedom of transit is an essential condition for attaining the objectives of this Agreement. In that connection, each Party shall provide for freedom of transit through its territory of goods consigned from or destined for the territory of the other Party in accordance with Article V of GATT 1994, including its interpretative notes, which is incorporated into and made part of this Agreement, mutatis mutandis.
Article 121. Trade Defence
1. Nothing in this Agreement shall prejudice or affect the rights and obligations of each Party under:
(a) Article XIX of GATT 1994 and the Agreement on Safeguards, contained in Annex 1A to the WTO Agreement;
(b) Article 5 of the Agreement on Agriculture, contained in Annex 1A to the WTO Agreement on special safeguard provisions; and
(c) Article VI of GATT 1994, the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, contained in Annex 1A to the WTO Agreement, and the Agreement on Subsidies and Countervailing Measures, contained in Annex 1A to the WTO Agreement.
2. The existing rights and obligations referred to in paragraph 1, and measures resulting therefrom, shall not be subject to the dispute settlement provisions of this Agreement.
Article 122. Exceptions
1. The Parties affirm that their existing rights and obligations under Article XX of GATT 1994 and its interpretative notes shall apply to trade in goods covered by this Agreement. To that end Articles XX of GATT 1994, including its interpretative notes, is incorporated into and made part of this Agreement, mutatis mutandis.
2. The Parties understand that before taking any measures provided for in subparagraphs (i) and (j) of Article XX of GATT 1994, the Party intending to take the measures shall supply the other Party with all relevant information, with a view to seeking a solution acceptable to the Parties. The Parties may agree on any means needed to put an end to the difficulties. If no agreement is reached within 30 days of supplying such information, the Party may apply measures under this Article with regard to the good concerned. Where exceptional and critical circumstances requiring immediate action make prior information or examination impossible, the Party intending to take the measures may apply forthwith the precautionary measures necessary to deal with the situation and shall inform the other Party immediately thereof.
Chapter 2. Customs
Article 123. Customs Cooperation
1. The Parties shall strengthen cooperation in the area of customs in order to facilitate trade, ensure a transparent trade environment, enhance supply chain security, promote safety of consumers, prevent flows of goods infringing intellectual property rights and fight smuggling and fraud.
2. In order to implement the objectives referred to in paragraph 1 and within the limits of available resources, the Parties shall cooperate to, inter alia:
(a) improve customs legislation, regulations, practices and related binding decisions and simplify customs procedures, in compliance with international conventions and standards applicable in the field of customs and trade facilitation, including those developed by the World Trade Organization, the World Customs Organisation, in particular the International Convention on the Simplification and Harmonization of Customs Procedures, as amended ("Revised Kyoto Convention"), and taking into account the instruments and best practices developed by the European Union, including customs blueprints;
(b) establish modern customs systems, including modern customs clearance technologies, provisions for authorised economic operators, automated risk-based analysis and controls, simplified procedures for the release of goods, post-clearance controls, transparent customs valuation and provisions for customs-to-business partnerships;
(c) encourage the highest standards of integrity in the area of customs, in particular at the border, through the application of measures reflecting the principles set out in the Declaration of the Customs Cooperation Council concerning Good Governance and Integrity in Customs as last revised in June 2003 (the World Customs Organisation's Revised Arusha Declaration);
(d) exchange best practices as well as provide training and technical support for planning and capacity building and for ensuring the highest standards of integrity;
(e) exchange, where appropriate, relevant information and data subject to the legal requirements of each Party on the confidentiality of sensitive data and on the protection of personal data;
(f) engage, where relevant and appropriate, in coordinated customs actions between the customs authorities of the Parties;
(g) establish, where relevant and appropriate, mutual recognition of authorised economic operators programmes and customs controls, including equivalent trade facilitation measures;
(h) pursue, where relevant and appropriate, possibilities for interconnectivity of the respective customs transit systems; and
(i) improve the implementation of customs-related obligations in the trade relations between the European Union and the Republic of Armenia, including cooperation on the origin of goods.
Article 124. Mutual Administrative Assistance
Without prejudice to other forms of cooperation envisaged in this Agreement, in particular in its Article 123, the Parties shall provide each other with mutual administrative assistance in customs matters in accordance with the provisions of the Protocol on Mutual Administrative Assistance in Customs Matters to this Agreement.
Article 125. Customs Valuation
1. The Parties shall apply the provisions of the Agreement on the Implementation of Article VII of the GATT 1994, including any subsequent amendments, to the valuation of goods for customs purposes in trade between the Parties. Those provisions are hereby incorporated into this
Agreement and made part thereof mutatis mutandis.
2. The Parties shall cooperate with a view to reaching a common approach to issues relating to customs valuation.
Article 126. Sub-committee on Customs
1. The Sub-Committee on Customs is hereby established.
2. The Sub-Committee on Customs shall hold regular meetings and monitor the implementation of this Chapter, including the matters of customs cooperation, facilitating trade, cross-border customs cooperation and management, customs related technical assistance, rules of origin, customs enforcement of intellectual property rights, as well as mutual administrative assistance in customs matters.
3. The Sub-Committee on Customs shall inter alia:
(a) see to the proper functioning of this Chapter and of the Protocol on Mutual Administrative Assistance on Customs Matters to this Agreement;
(b) adopt practical arrangements and measures to implement this Chapter and the Protocol on Mutual Administrative Assistance on Customs Matters to this Agreement, including on exchange of information and data, mutual recognition of customs controls and trade partnership programmes, and mutually agreed benefits;
(c) exchange views on any points of common interest, including future measures and the resources needed for their implementation and application; and
(d) make recommendations to the Partnership Committee, where appropriate.
Chapter 3. Technical Barriers to Trade
Article 127. Objective
The objective of this Chapter is to facilitate trade in goods between the Parties, by providing a framework to prevent, identify and eliminate unnecessary barriers to trade within the scope of the Agreement on Technical Barriers to Trade, contained in Annex 1A to the WTO Agreement ("TBT Agreement").
Article 128. Scope and Definitions
1. This Chapter applies to the preparation, adoption and application by each Party of standards, technical regulations and conformity assessment procedures, as defined in the TBT Agreement, that affect or may affect trade in goods between the Parties.
2. Notwithstanding paragraph 1, this Chapter does not apply to sanitary and phytosanitary measures as defined in Annex A to the Agreement on the Application of Sanitary and Phytosanitary Measures, contained in Annex 1A to the WTO Agreement ("SPS Agreement"), nor to purchasing specifications prepared by public authorities for their own production or consumption requirements.
3. For the purposes of this Chapter, the definitions set out in Annex 1 to the TBT Agreement apply.
Article 129. The Tbt Agreement
The Parties affirm their existing rights and obligations with respect to each other under the TBT Agreement, which is hereby incorporated into this Agreement and made part thereof.
Article 130. Cooperation In the Field of Technical Barriers to Trade
1. The Parties shall strengthen their cooperation with regard to standards, technical regulations, metrology, market surveillance, accreditation and conformity assessment procedures with a view to increasing the mutual understanding of their respective systems and facilitating access to their respective markets. To that end, the Parties shall seek to identify and develop regulatory cooperation mechanisms and initiatives appropriate for the particular issues or sectors, which may include, but are not limited to:
(a) exchanging information and experiences on the preparation and application of their respective technical regulations and conformity assessment procedures;
(b) working towards the possibility of converging or aligning technical regulations and conformity assessment procedures;
(c) encouraging cooperation between their respective bodies responsible for metrology, standardisation, conformity assessment and accreditation; and
(d) exchanging information on developments in relevant regional and multilateral fora related to standards, technical regulations, conformity assessment procedures and accreditation.
2. In order to promote mutual trade, the Parties shall:
(a) seek to reduce the differences which exist between them with regard to technical regulations, metrology, standardisation, market surveillance, accreditation and conformity assessment procedures, including by encouraging the use of relevant internationally agreed instruments;
(b) promote, in accordance with international rules, the use of accreditation in support of the assessment of the technical competence of conformity assessment bodies and their activities; and
(c) promote the participation and, where possible, the membership of the Republic of Armenia and its relevant national bodies in the European and international organisations the activity of which relates to standards, conformity assessment, accreditation, metrology and related functions.
3. The Parties shall endeavour to establish and maintain a process through which gradual approximation of the technical regulations, standards and conformity assessment procedures of the Republic of Armenia to those of the European Union can be achieved.
4. For areas in which alignment has been achieved, the Parties may consider negotiating agreements on conformity assessment procedures and acceptance of industrial products.
Article 131. Marking and Labelling
1. Without prejudice to Article 129 of this Agreement, and with respect to technical regulations relating to labelling or marking requirements, the Parties reaffirm the principles of Article 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 that 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. The Parties shall promote the use of internationally harmonised marking requirements. Where appropriate, the Parties shall endeavour to accept detachable or non-permanent labelling.
2. In particular, with regard to mandatory labelling or marking requirements, the Parties shall:
(a) endeavour to minimise their respective requirements for labelling or marking in mutual trade, except as required for the protection of health, safety, the environment other reasonable public policy purposes;
(b) retain the right to require the information on the label or marking to be in a language specified by a Party.
Article 132. Transparency
1. Without prejudice to Chapter 12, each Party shall ensure that its procedures for the development of technical regulations and conformity assessment procedures allow for public consultation of interested parties at an early appropriate stage, when comments resulting from the public consultation can still be introduced and taken into account, except where that is not possible because of an emergency or threat thereof related to safety, health, environmental protection or national security.
2. In accordance with Article 2.9 of the TBT Agreement, each Party shall allow a period for comments at an early appropriate stage following the notification of proposed technical regulations or conformity assessment procedures. Where a consultation process on proposed technical regulations or conformity assessment procedures is open to the public, each Party shall permit the other Party, or natural or legal persons of the other Party, to participate in the public consultations on terms no less favourable than those accorded to its own natural or legal persons.
3. Each Party shall ensure that its adopted technical regulations and conformity assessment procedures are publicly available.
Chapter 4. Sanitary and Phytosanitary Matters
Article 133. Objective
The objective of this Chapter is to set out the principles applicable to sanitary and phytosanitary ("SPS") measures in trade between the Parties, as well as cooperation in animal welfare. Those principles shall be applied by the Parties in a manner that facilitates trade while preserving each Party's level of protection with regard to the life or health of humans, animals and plants.
Article 134. Multilateral Obligations
The Parties affirm their rights and obligations under the SPS Agreement.
Article 135. Principles
1. The Parties shall ensure that SPS measures are developed and applied on the basis of the principles of proportionality, transparency, non-discrimination and scientific justification taking into account international standards such as set in the International Plant Protection Convention of 1951 ("IPPC"), the World Organisation of Animal Health ("OIE") and Codex Alimentarius Commission ("Codex").
2. Each Party shall ensure that its SPS measures do not arbitrarily or unjustifiably discriminate between its own territory and the territory of the other Party to the extent that identical or similar conditions prevail. SPS measures shall not be applied in a manner which would constitute a disguised restriction on trade.
3. Each Party shall ensure that SPS measures, procedures and controls are implemented.
4. Each Party shall reply to request for information received from a competent authority of the other Party no later than two months from receiving the request and in a manner no less favourable to imported products than to like domestic products.
Article 136. Import Requirements
1. The import requirements of the importing Party shall be applicable to the entire territory of the exporting Party, subject to Article 137.
2. The import requirements set out in certificates shall be based on Codex, OIE and IPPC principles, unless the import requirements are supported by a science-based risk assessment conducted in accordance with the provisions of the SPS Agreement.
3. The requirements set out in import permits shall not contain more stringent sanitary and veterinary conditions than those laid down in the certificates referred to in paragraph 2.
Article 137. Measures Linked to Animal and Plant Health
1. The Parties shall recognise the concept of pest- or disease-free areas and areas of low pest or disease prevalence in accordance with the SPS Agreement and the relevant Codex, OIE and IPPC standards, guidelines and recommendations. 2. When determining pest- or disease-free areas and areas of low pest or disease prevalence, the Parties shall consider factors such as geographical location, ecosystems, epidemiological surveillance, and the effectiveness of sanitary or phytosanitary controls in such areas.
Article 138. Inspections and Audits
The importing Party may carry out on its own cost inspections and audits on the territory of the exporting Party to evaluate the latter's inspection and certification systems. Those inspections and audits shall be performed in accordance with the relevant international standards, guidelines and recommendations.
Article 139. Exchange of Information and Cooperation
1. The Parties shall discuss and exchange information on existing SPS and animal-welfare measures and on their development and implementation. Such discussions and exchanges of information shall take into account the SPS Agreement and the relevant Codex, OJE and IPPC standards, guidelines and recommendations, as appropriate.
2. The Parties shall cooperate on animal health, animal welfare and plant-health matters through the exchange of information, expertise and experience, with the objective of building up capacity in those fields.
3. The Parties shall, upon the request of either Party, establish a timely dialogue on SPS matters to consider matters relating to SPS and any other urgent issues covered by this Chapter. The Partnership Committee may adopt rules of procedures for the conduct of such dialogues.
4. The Parties shall designate and regularly update contact points for communication on matters covered by this Chapter.
Article 140. Transparency
Each Party shall:
(a) pursue transparency as regards SPS measures applicable to trade and, in particular, to the SPS requirements applied to imports of the other Party;
(b) communicate, upon the request of the other Party and within two months of the date of that request, the SPS requirements that apply for the import of specific products, including whether a risk assessment is needed; and
(c) notify the other Party about any serious or significant public, animal or plant health risk, including any food emergency. This notification shall be done, in writing, within two working days from the date on which that risk is revealed.
Chapter 5. Trade In Services, Establishment and Electronic Commerce
Section A. General Provisions
Article 141. Objective, Scope and Coverage
1. The Parties, affirming their respective commitments under the WTO Agreement hereby lay down the necessary arrangements for the progressive reciprocal liberalisation of establishment and trade in services and for cooperation on electronic commerce.
2. Nothing in this Chapter shall be construed as imposing any obligation on the Parties with respect to government procurement subject to the provisions of Chapter 8.
3. This Chapter does not apply to subsidies granted by a Party which are subject to Chapter 10.
4. Consistent with this Chapter, each Party retains the right to adopt and maintain measures to pursue legitimate policy objectives.
5. This Chapter does not apply to measures affecting natural person seeking access to the employment market of a Party, nor does it apply to measures regarding citizenship, residence or employment on a permanent basis.