Armenia - EU Comprehensive and Enhanced Partnership Agreement (2017)
Previous page Next page

(a) does not have actual knowledge of illegal activity or information and, as regards claims for damages, is not aware of facts or circumstances from which the illegal activity or information is apparent; or,

(b) upon obtaining such knowledge or awareness, acts expeditiously to remove or to disable access to the information.

2. Paragraph 1 does not apply where the recipient of the service is acting under the authority or the control of the provider.

3. This Article shall not affect the possibility for a court or an administrative authority, in accordance with the legal system of each Party, to require the service provider to terminate or prevent an infringement, or the possibility for a Party to establish procedures governing the removal or disabling of access to information.

Article 199. No General Obligation to Monitor

1. The Parties shall not impose either a general obligation on providers, when providing the services covered by Articles 196, 197 and 198, to monitor the information which they transmit or store, or a general obligation to actively seek facts or circumstances indicating illegal activity.

2. Each Party may establish obligations for information society service providers to promptly inform the competent public authorities of alleged illegal activities and information provided by recipients of their service or obligations to communicate to the competent authorities, at their request, information enabling the identification of recipients of their service with whom they have storage agreements.

Section G. Exceptions

Article 200. General Exceptions

1. Without prejudice to general exceptions provided for in this Agreement, this Chapter is subject to the exceptions specified in paragraphs 2 and 3.

2. Subject to the requirement that such measures not be applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on establishment or cross-border supply of services, nothing in this Chapter shall be construed as preventing the adoption or enforcement by a Party of measures:

(a) necessary to protect public security or public morals or to maintain public order;

(b) necessary to protect human, animal or plant life or health;

(c) relating to the conservation of exhaustible natural resources if such measures are applied in conjunction with restrictions on domestic entrepreneurs or on the domestic supply or consumption of services;

(d) necessary for the protection of national treasures of artistic, historic or archaeological value;

(e) necessary to secure compliance with laws or regulations which are not inconsistent with this Chapter including those relating to:

(i) the prevention of deceptive and fraudulent practices or to deal with the effects of a default on contracts;

(ii) the protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts; or

(iii) safety; or

(f) inconsistent with Articles 144 and 150, provided that the difference in treatment is aimed at ensuring the effective or equitable imposition or collection of direct taxes in respect of economic activities, entrepreneurs or services suppliers of the other Party (1).

3. This Chapter and Annex VIII to this Agreement do not apply to the respective social security systems of the Parties or to activities in the territory of each Party, which are connected, even occasionally, with the exercise of official authority.

(1) Measures that are aimed at ensuring the effective or equitable imposition or collection of direct taxes include measures taken by a Party under its taxation system which: (i) apply to non-resident entrepreneurs and services suppliers in recognition of the fact that the tax obligation of non-residents is determined with respect to taxable items sourced or located in the Party's territory; (ii) apply to non-residents in order to ensure the imposition or collection of taxes in the Party's territory; (iii) apply to non-residents or residents in order to prevent the avoidance or evasion of taxes, including compliance measures; (iv) apply to consumers of services supplied in or from the territory of another Party in order to ensure the imposition or collection of taxes on such consumers derived from sources in the Party's territory; (v) distinguish entrepreneurs and service suppliers subject to tax on worldwide taxable items from other entrepreneurs and service suppliers, in recognition of the difference in the nature of the tax base between them; or (vi) determine, allocate or apportion income, profit, gain, loss, deduction or credit of resident persons or branches, or between related persons or branches of the same person, in order to safeguard the Party's tax base. Tax terms or concepts in point (f) and in this footnote are determined according to tax definitions and concepts, or equivalent or similar definitions and concepts, under the domestic law of the Party taking the measure.

Article 201. Taxation Measures

The most-favoured-nation treatment granted in accordance with this Chapter does not apply to the tax treatment that Parties are providing or will provide in future on the basis of agreements between the Parties designed to avoid double taxation.

Article 202. Security Exceptions

Nothing in this Agreement shall be construed as:

(a) requiring any Party to furnish any information, the disclosure of which it considers contrary to its essential security interests;

(b) preventing any Party from taking any action which it considers necessary for the protection of its essential security interests:

(i) connected with the production of or trade in arms, munitions or war material;

(ii) relating to economic activities carried out directly or indirectly for the purpose of provisioning a military establishment;

(iii) relating to fissionable and fusionable materials or the materials from which they are derived; or

(iv) taken in time of war or other emergency in international relations; or

(c) preventing a Party from taking any action in pursuance of obligations it has accepted for the purpose of maintaining international peace and security.

Section H. Investment 

Article 203. Review

In order to facilitate bilateral investment, the Parties shall jointly review the environment and the legal framework for investment, no later than three years after the entry into force of this Agreement and at regular intervals thereafter. On the basis of that review, they shall consider the opportunity for starting negotiations with a view to supplementing this Agreement with provisions on investment, including investment protection.

Chapter 6. Current Payments and Movement of Capital

Article 204. Current Payments

The Parties shall impose no restrictions and shall allow, in freely convertible currency and in accordance with the Articles of Agreement of the International Monetary Fund, any payments and transfers on the current account of the balance of payments between the European Union and the Republic of Armenia.

Article 205. Capital Movements

1. With regard to transactions on the capital and financial account of the balance of payments, from the date of entry into force of this Agreement, the Parties shall ensure the free movement of capital relating to direct investments (1) made in accordance with the law of the host country and in accordance with the provisions of Chapter 5, and the liquidation or repatriation of such invested capital and of any profit stemming therefrom.

2. With regard to transactions on the capital and financial account of the balance of payments not covered by paragraph 1, from the entry into force of this Agreement and without prejudice to other provisions of this Agreement, each Party shall ensure the free movement of capital with regard to:

(a) credits relating to commercial transactions, including the provision of services, in which a resident of one of the Parties is participating;

(b) financial loans and credits by investors of the other Party; and

(c) capital participation in a juridical person, as defined in Article 142, with no intention of establishing or maintaining lasting economic links.

3. Without prejudice to other provisions of this Agreement, the Parties shall not introduce any new restrictions on the movement of capital and current payments between residents of the European Union and the Republic of Armenia and shall not make the existing arrangements more restrictive.

(1) Including the acquisition of real estate related to direct investment.

Article 206. Exceptions

Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on capital movements, nothing in this Chapter shall be construed as preventing the adoption or enforcement by either Party of measures:

(a) necessary to protect public security, public morals or to maintain public order; or

(b) necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Title, including those relating to:

(i) the prevention of criminal offences, deceptive and fraudulent practices, or necessary to deal with the effects of a default on contracts, such as bankruptcy, insolvency and protection of the right of creditors;

(ii) measures adopted or maintained to ensure the integrity and stability of a Party's financial system;

(iii) issuing, trading or dealing in securities, options, futures or other derivatives;

(iv) financial reporting or record keeping of transfers when necessary to assist law enforcement or financial regulatory authorities; or

(v) ensuring compliance with orders or judgments in juridical or administrative proceedings.

Article 207. Safeguard Measures

Where, in exceptional circumstances, there are serious difficulties with regard to, in the case of the Republic of Armenia, the operation of exchange-rate policy or monetary policy or, in the case of the European Union, the operation of the economic and monetary union, or where a Party experiences serious balance of payments or external financing difficulties, or where there is the threat of such difficulties, the Party concerned may take safeguard measures that are strictly necessary with regard to capital movements, payments or transfers between the European Union and the Republic of Armenia for a period not exceeding one year. The Party adopting or maintaining safeguard measures shall inform the other Party forthwith of the adoption of any safeguard measure and present, as soon as possible, a time schedule for its removal.

Article 208. Facilitation

The Parties shall consult each other with a view to facilitating the movement of capital between the Parties in order to promote the objectives of this Agreement.

Chapter 7. Intellectual Property

Section A. Objectives and Principles

Article 209. Objectives

The objectives of this Chapter are:

(a) to facilitate the production and commercialisation of innovative and creative products between the Parties, contributing to a more sustainable and inclusive economy for each Party; and

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

Article 210. Nature and Scope of Obligations

1. The Parties shall ensure the adequate and effective implementation of international treaties concerning intellectual property to which they are parties, including the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights contained in Annex 1C to the WTO Agreement ("the TRIPS Agreement"). 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 purpose of this Agreement, the term "intellectual property" refers at least to all categories of intellectual property referred to in Section B of this Chapter.

3. The 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 1883, as last revised by Stockholm Act of 1967 ("the Paris Convention (1967)").

Article 211. Exhaustion

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

Section B. Standards Concerning Intellectual Property Rights 

Subsection I. Copyright and Related Rights 

Article 212. Protection Granted

1. The Parties shall comply with the rights and obligations set out in:

(a) the Berne Convention for the Protection of Literary and Artistic Works ("the Berne Convention");

(b) the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations ("the Rome Convention");

(c) the TRIPS Agreement;

(d) the WIPO Copyright Treaty (WCT); and

(e) the WIPO Performances and Phonograms Treaty (WPPT).

2. The Parties shall make all reasonable efforts to accede to the Beijing Treaty on Audiovisual Performances.

Article 213. Authors

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

(a) 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; and

(d) rental and lending of the original and copies of their works.

Article 214. Performers

Each Party shall, as regards performers, provide for the exclusive right to authorise or prohibit:

(a) the fixation (1) of their performances;

(b) 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) the distribution to the public, by sale or otherwise, fixations of their performances;

(d) the making available to the public, of fixations of their performances 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;

(e) 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;

(f) rental and lending of fixations of their performances.

(1) Fixation means embodiment of sounds or images of their performances, or of the representations thereof, from which they can be perceived, reproduced or communicated through a device

Article 215. Producers of Phonograms

Each Party shall, as regards producers of phonograms, provide for the exclusive right to authorise or prohibit:

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

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

(c) 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; and

(d) rental and lending in respect of their phonograms.

Article 216. Broadcasting Organisations

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

(a) the fixation of their broadcasts, whether those broadcasts are transmitted by wire or over the air, including by cable or satellite;

(b) the direct or indirect, temporary or permanent reproduction, by any means and in any form, in whole or in part, of fixations of their broadcasts, whether those broadcasts are transmitted by wire or over the air, including by cable or satellite;

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

(d) the distribution to the public, by sale or otherwise, of fixations of their broadcasts; and

(e) 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 217. Broadcasting and Communication to the Public

Each Party shall provide a right in order to ensure that a single equitable remuneration is paid by the user to the performers and producers of phonograms 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. Each Party shall ensure that such remuneration is shared between the relevant performers and phonogram producers. Each Party may, in the absence of agreement between the performers and phonogram producers, lay down the conditions as to the sharing of such remuneration between them.

Article 218. Term of Protection

1. The economic 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 no less than 70 years after his death, irrespective of the date when the work is lawfully made available to the public.

2. In the case of a work of joint authorship, the term referred to in paragraph 1 shall be calculated from the death of the last surviving author.

3. In the case of anonymous or pseudonymous works, the term of protection shall run for no less than 70 years after the work is lawfully made available to the public. However, when the pseudonym adopted by the author leaves no doubt as to his identity, or if the author discloses his identity during the period referred to in the first sentence, the term of protection applicable shall be that laid down in paragraph 1.

4. Where a Party provides for particular rights in respect of collective works or for a legal person to be designated as a right holder, the term of protection shall be calculated in accordance with paragraph 3, except if the natural persons who have created the work are identified as such in the versions of the work which are made available to the public. This paragraph is without prejudice to the rights of identified authors whose identifiable contributions are included in such works, to which contributions paragraph 1 or 2 shall apply.

5. Where a work is published in volumes, parts, instalments, issues or episodes and the term of protection runs from the time when the work was lawfully made available to the public, the term of protection shall run for each separately.

6. In the case of works for which the term of protection is not calculated from the death of the author or authors and which have not been lawfully made available to the public within 70 years from their creation, the protection shall terminate.

7. The term of protection of cinematographic or audiovisual works shall expire not earlier than 70 years after the death of the last of the following persons to survive, whether or not such persons are designated as co-authors: the principal director, the author of the screenplay, the author of the dialogue and the composer of the music specifically created for use in the cinematographic or audiovisual work.

8. Each Party shall ensure that any person who, after the expiry of copyright protection, for the first time lawfully publishes or lawfully communicates to the public a previously unpublished work benefits from a protection equivalent to the economic rights of the author. The term of protection of such rights shall be 25 years from the time when the work was first lawfully published or lawfully communicated to the public.

9. The economic rights of audiovisual performers shall expire not less than 50 years after the date of the performance. However, if a fixation of the performance is lawfully published or lawfully communicated to the public within that period, the rights shall expire not less than 50 years from the date of the first such publication or the first such communication to the public, whichever is the earlier.

10. The economic rights of performers and producers of phonograms shall expire 70 years after the date of the first publication or the first communication to the public, whichever is the earlier. A Party may adopt effective measures to ensure that profits generated during the 20 years of protection beyond 50 years are shared fairly between performers and producers.

11. The economic rights of producers of the first fixation of a film shall expire not less than 50 years after the fixation is made. However, if the film is lawfully published or lawfully communicated to the public during that period, the rights shall expire not less than 50 years after the date of the first such publication or the first such communication to the public, whichever is the earlier.

12. The economic rights of broadcasting organisations shall expire not less than 50 years after the first transmission of a broadcast, whether that broadcast is transmitted by wire or over the air, including by cable or satellite.

13. 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 219. 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 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 circumventing 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 facilitating the circumvention of any effective technological measures.

3. For the purposes of this Chapter, 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 subject matter, which are not authorised by the right holder of any copyright or related right as provided for by domestic legislation. Technological measures shall be deemed "effective" where the use of a protected work or other 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 220. Protection of Rights Management Information

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

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

(b) the distribution, importation for distribution, broadcasting, communication or making available to the public of works or other subject matter protected under this Chapter 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 this person is inducing, enabling, facilitating or concealing an infringement of any copyright or any related rights as provided by national legislation.

2. For the purposes of this Chapter, the term "rights-management information" means any information provided by right holders which identifies the work or other subject matter referred to in 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.

3. Paragraph 1 applies where any such information is associated with a copy of, or appears in connection with the communication to the public of, a work or other subject matter referred to in this Chapter.

Article 221. Exceptions and Limitations

1. Each Party may provide for limitations or exceptions to the rights set out in the Articles 213 to 218 only in certain special cases which do not conflict with a normal exploitation of the subject matter and do not unreasonably prejudice the legitimate interests of the right holders, in accordance with the conventions and international treaties to which they are parties.

2. Each Party shall provide that temporary acts of reproduction referred to in Articles 213 to 217, 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 subject matter to be made, and which have no independent economic significance, shall be exempted from the reproduction right provided for in Articles 213 to 217.

Article 222. 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 does 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 paid 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 procedure for collection and the amounts of the royalty shall be determined by domestic legislation.

Article 223. Co-operation on Collective Management of Rights

  • Title   I Objectives and General Principles 1
  • Article   1 Objectives 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 and the International Criminal Court 1
  • Article   7 Conflict Prevention and Crisis Management 1
  • Article   8 Regional Stability and Peaceful Resolution of Conflicts 1
  • Article   9 Weapons of Mass Destruction, Non-proliferation and Disarmament 1
  • Article   10 Small Arms and Light Weapons and Conventional Arms Exports Control 1
  • Article   11 Combating Terrorism 1
  • Title   III Justice, Freedom and Security 1
  • Article   12 Rule of Law and Respect for Human Rights and Fundamental Freedoms 1
  • Article   13 Protection of Personal Data 1
  • Article   14 Cooperation on Migration, Asylum and Border Management 1
  • Article   15 Movement of persons and readmission 2
  • Article   16 Fight against organised crime and corruption 2
  • Article   17 Illicit drugs 2
  • Article   18 Money laundering and terrorism financing 2
  • Article   19 Cooperation in the fight against terrorism 2
  • Article   20 Legal cooperation 2
  • Article   21 Consular protection 2
  • Title   IV Economic cooperation 2
  • Chapter   1 Economic dialogue 2
  • Article   22 2
  • Article   23 2
  • Article   24 Public sector internal control and auditing arrangements 2
  • Chapter   2 Taxation 2
  • Article   25 2
  • Article   26 2
  • Article   27 2
  • Article   28 2
  • Article   29 2
  • Chapter   3 Statistics 2
  • Article   30 2
  • Article   31 2
  • Article   32 2
  • Article   33 2
  • Article   34 2
  • Article   35 2
  • Title   V Other cooperation policies 2
  • Chapter   1 Transport 2
  • Article   36 2
  • Article   37 2
  • Article   38 2
  • Article   39 2
  • Article   40 2
  • Article   41 2
  • Chapter   2 Energy cooperation, including nuclear safety 2
  • Article   42 2
  • Article   43 2
  • Article   44 2
  • Chapter   3 Environment 2
  • Article   45 2
  • Article   46 2
  • Article   47 3
  • Article   48 3
  • Article   49 3
  • Article   50 3
  • Chapter   4 Climate Action 3
  • Article   51 3
  • Article   52 3
  • Article   53 3
  • Article   54 3
  • Article   55 3
  • Article   56 3
  • Chapter   5 Industrial and Enterprise Policy 3
  • Article   57 3
  • Article   58 3
  • Article   59 3
  • Chapter   6 Company Law, Accounting and Auditing, and Corporate Governence 3
  • Article   60 3
  • Chapter   7 Cooperation In the Areas of Banking, Insurance and other Financial Services 3
  • Article   61 3
  • Chapter   8 Cooperation In the Field of the Information Society 3
  • Article   62 3
  • Article   63 3
  • Article   64 3
  • Article   65 3
  • Chapter   9 Tourism 3
  • Article   66 3
  • Article   67 3
  • Article   68 3
  • Article   69 3
  • Chapter   10 Agriculture and Rural Development 3
  • Article   70 3
  • Article   71 3
  • Chapter   11 Fisheries and Maritime Governance 3
  • Article   72 3
  • Article   73 3
  • Article   74 3
  • Article   75 4
  • Chapter   12 Mining 4
  • Article   76 4
  • Article   77 4
  • Chapter   13 Cooperation in research and innovation 4
  • Article   78 4
  • Article   79 4
  • Article   80 4
  • Chapter   14 Consumer protection 4
  • Article   81 4
  • Article   82 4
  • Article   83 4
  • Chapter   15 Employment, social policy and equal opportunities 4
  • Article   84 4
  • Article   85 4
  • Article   86 4
  • Article   87 4
  • Article   88 4
  • Article   89 4
  • Article   90 4
  • Chapter   16 Cooperation in the area of health 4
  • Article   91 4
  • Article   92 4
  • Chapter   17 Education, training and youth 4
  • Article   93 4
  • Article   94 4
  • Article   95 4
  • Chapter   18 Cooperation in the cultural field 4
  • Article   96 4
  • Article   97 4
  • Chapter   19 Cooperation in the audiovisual and media fields  4
  • Article   98 4
  • Article   99 4
  • Article   100 4
  • Chapter   20 Cooperation in the field of sport and physical activity 4
  • Article   101 4
  • Chapter   21 Civil-society cooperation 4
  • Article   102 4
  • Article   103 4
  • Article   104 4
  • Chapter   22 Regional development, cross-border and regional level cooperation 4
  • Article   105 4
  • Article   106 4
  • Article   107 4
  • Article   108 4
  • Chapter   23 Civil protection 5
  • Article   109 5
  • Article   110 5
  • Article   111 5
  • Article   112 5
  • Title   VI Trade and trade related matters 5
  • Chapter   1 Trade in goods 5
  • Article   113 Most-favoured-nation treatment 5
  • Article   114 National treatment 5
  • Article   115 Import duties and charges 5
  • Article   116 Export duties, taxes or other charges 5
  • Article   117 Import and export restrictions 5
  • Article   118 Remanufactured goods 5
  • Article   119 Temporary admission of goods 5
  • Article   120 Transit 5
  • Article   121 Trade defence 5
  • Article   122 Exceptions 5
  • Chapter   2 Customs 5
  • Article   123 Customs cooperation 5
  • Article   124 Mutual administrative assistance 5
  • Article   125 Customs valuation 5
  • Article   126 Sub-committee on customs 5
  • Chapter   3 Technical barriers to trade 5
  • Article   127 Objective 5
  • Article   128 Scope and definitions 5
  • Article   129 The tbt agreement 5
  • Article   130 Cooperation in the field of technical barriers to trade 5
  • Article   131 Marking and labelling 5
  • Article   132 Transparency 5
  • Chapter   4 Sanitary and phytosanitary matters 5
  • Article   133 Objective 5
  • Article   134 Multilateral obligations 5
  • Article   135 Principles 5
  • Article   136 Import requirements 5
  • Article   137 Measures linked to animal and plant health 5
  • Article   138 Inspections and audits 5
  • Article   139 Exchange of information and cooperation 5
  • Article   140 Transparency 5
  • Chapter   5 Trade in services, establishment and electronic commerce  5
  • Section   A General provisions  5
  • Article   141 Objective, scope and coverage 5
  • Article   142 Definitions 6
  • Section   B Establishment 6
  • Article   143 Scope 6
  • Article   144 National treatment and most favourable nation treatment 6
  • Article   145 Review 6
  • Article   146 Other agreements 6
  • Article   147 Standard of treatment for branches and representative offices 6
  • Section   C Cross-border supply of services 6
  • Article   148 Scope 6
  • Article   149 Market access 6
  • Article   150 National treatment 6
  • Article   151 Lists of commitments 6
  • Article   152 Review 6
  • Section   D Temporary presence of natural persons for business purposes 6
  • Article   153 Scope and definitions 6
  • Article   154 Key personnel and graduate trainees 6
  • Article   155 Business sellers 6
  • Article   156 Contractual service suppliers 6
  • Article   157 Independent professionals 6
  • Section   E Regulatory framework 6
  • Subsection   I Domestic regulation 6
  • Article   158 Scope and definitions 6
  • Article   159 Conditions for licencing and qualification 7
  • Article   160 Licencing and qualification procedures 7
  • Subsection   II Provisions of general application 7
  • Article   161 Mutual recognition 7
  • Article   162 Transparency and disclosure of confidential information 7
  • Subsection   III Computer services  7
  • Article   163 Understanding on computer services 7
  • Subsection   IV Postal services (1) 7
  • Article   164 Scope and definitions 7
  • Article   165 Prevention of market distortive practices 7
  • Article   166 Universal service 7
  • Article   167 Licences 7
  • Article   168 Independence of the regulatory body 7
  • Article   169 Gradual approximation 7
  • Subsection   V Electronic communication network and services 7
  • Article   170 Scope and definitions 7
  • Article   171 Regulatory authority 7
  • Article   172 Authorisation to provide electronic communications networks and services 7
  • Article   173 Scarce resources 7
  • Article   174 Access and interconnection 7
  • Article   175 Competitive safeguards on major suppliers 7
  • Article   176 Universal service 8
  • Article   177 Number portability 8
  • Article   178 Confidentiality of information 8
  • Article   179 Resolution of electronic communications disputes 8
  • Article   180 Gradual approximation 8
  • Subsection   VI Financial services 8
  • Article   181 Scope and definitions 8
  • Article   182 Prudential carve-out 8
  • Article   183 Effective and transparent regulation 8
  • Article   184 New financial services 8
  • Article   185 Data processing 8
  • Article   186 Specific exceptions 8
  • Article   187 Self-regulatory organisations 8
  • Article   188 Clearing and payment systems 8
  • Article   189 Financial stability and regulation of financial services in the republic of armenia 8
  • Subsection   VII Transport services 8
  • Article   190 Scope and objectives 8
  • Article   191 Definitions 8
  • Article   192 Gradual approximation 8
  • Section   F Electronic commerce  8
  • Subsection   I General provisions  8
  • Article   193 Objective and principles 8
  • Article   194 Regulatory aspects of electronic commerce 8
  • Subsection   II Liability of intermediary service providers  8
  • Article   195 Use of intermediaries' services 8
  • Article   196 Liability of intermediary service providers: "mere conduit" 8
  • Article   197 Liability of intermediary service providers: "caching" 8
  • Article   198 Liability of intermediary service providers: "hosting" 8
  • Article   199 No general obligation to monitor 9
  • Section   G Exceptions 9
  • Article   200 General exceptions 9
  • Article   201 Taxation measures 9
  • Article   202 Security exceptions 9
  • Section   H Investment  9
  • Article   203 Review 9
  • Chapter   6 Current payments and movement of capital 9
  • Article   204 Current payments 9
  • Article   205 Capital movements 9
  • Article   206 Exceptions 9
  • Article   207 Safeguard measures 9
  • Article   208 Facilitation 9
  • Chapter   7 Intellectual property 9
  • Section   A Objectives and principles 9
  • Article   209 Objectives 9
  • Article   210 Nature and scope of obligations 9
  • Article   211 Exhaustion 9
  • Section   B Standards concerning intellectual property rights  9
  • Subsection   I Copyright and related rights  9
  • Article   212 Protection granted 9
  • Article   213 Authors 9
  • Article   214 Performers 9
  • Article   215 Producers of phonograms 9
  • Article   216 Broadcasting organisations 9
  • Article   217 Broadcasting and communication to the public 9
  • Article   218 Term of protection 9
  • Article   219 Protection of technological measures 9
  • Article   220 Protection of rights management information 9
  • Article   221 Exceptions and limitations 9
  • Article   222 Artists' resale right in works of art 9
  • Article   223 Co-operation on collective management of rights 10
  • Subsection   II Trademarks 10
  • Article   224 International agreements 10
  • Article   225 Rights conferred by a trademark 10
  • Article   226 Registration procedure 10
  • Article   227 Well-known trademarks 10
  • Article   228 Exceptions to the rights conferred by a trademark 10
  • Article   229 Grounds for revocation 10
  • Subsection   III Geographical indications 10
  • Article   230 Scope of application 10
  • Article   231 Established geographical indications 10
  • Article   232 Addition of new geographical indications 10
  • Article   233 Scope of protection of geographical indications 10
  • Article   234 Right of use of geographical indications 10
  • Article   235 Relationship to trademarks 10
  • Article   236 Enforcement of protection 10
  • Article   237 Transitional provisions 10
  • Article   238 General rules 10
  • Article   239 Co-operation and transparency 10
  • Article   240 Sub-committee on geographical indications 10
  • Subsection   IV Designs 10
  • Article   241 International agreements 10
  • Article   242 Protection of registered designs 10
  • Article   243 Protection conferred to unregistered designs 10
  • Article   244 Exceptions and exclusions 10
  • Article   245 Relationship to copyright 10
  • Subsection   V Patents 10
  • Article   246 International agreements 10
  • Article   247 Patents and public health 10
  • Article   248 Supplementary protection certificate 10
  • Subsection   VI Undisclosed information  10
  • Article   249 Scope of protection for trade secrets 10
  • Article   250 Civil judicial procedures and remedies for trade secrets 11
  • Article   251 Protection of data submitted to obtain an authorisation to put a medicinal product on the market 11
  • Article   252 Data protection on plant protection products 11
  • Subsection   VII Plant varieties 11
  • Article   253 Plant varieties 11
  • Section   C Enforcement of intellectual property rights 11
  • Subsection   I General provisions 11
  • Article   254 General obligations 11
  • Article   255 Entitled applicants 11
  • Subsection   II Civil enforcement 11
  • Article   256 Measures for preserving evidence 11
  • Article   257 Right of information 11
  • Article   258 Provisional and precautionary measures 11
  • Article   259 Corrective measures 11
  • Article   260 Injunctions 11
  • Article   261 Alternative measures 11
  • Article   262 Damages 11
  • Article   263 Legal costs 11
  • Article   264 Publication of judicial decisions 11
  • Article   265 Presumption of authorship or ownership 11
  • Subsection   III Border enforcement 11
  • Article   266 Border enforcement 11
  • Subsection   IV Other enforcement provisions 11
  • Article   267 Codes of conduct 11
  • Article   268 Cooperation 11
  • Chapter   8 Public procurement 11
  • Article   269 Relation to the wto government procurement agreement 11
  • Article   270 Additional scope of application 11
  • Article   271 Additional disciplines 11
  • Chapter   9 Trade and sustainable development 12
  • Article   272 Objectives and scope 12
  • Article   273 Right to regulate and levels of protection 12
  • Article   274 International labour standards and agreements 12
  • Article   275 International environmental governance and agreements 12
  • Article   276 Trade and investment favouring sustainable development 12
  • Article   277 Biological diversity 12
  • Article   278 Sustainable management of forests and trade in forest products 12
  • Article   279 Trade and sustainable management of living marine resources 12
  • Article   280 Upholding levels of protection 12
  • Article   281 Scientific information 12
  • Article   282 Transparency 12
  • Article   283 Review of sustainability impacts 12
  • Article   284 Working together on trade and sustainable development 12
  • Article   285 Dispute settlement 12
  • Chapter   10 Competition 12
  • Section   A 12
  • Article   286 Principles 12
  • Section   B Antitrust and mergers 12
  • Article   287 Legislative framework 12
  • Article   288 Implementation 12
  • Article   289 Cooperation 12
  • Section   C Subsidies 12
  • Article   290 Principles 12
  • Article   291 Definition and scope 12
  • Article   292 Relationship with the wto 12
  • Article   293 Transparency 13
  • Article   294 Consultations 13
  • Article   295 Subsidies subject to conditions 13
  • Article   296 Use of subsidies 13
  • Section   D General provisions 13
  • Article   297 Dispute settlement 13
  • Article   298 Confidentiality 13
  • Article   299 Review clause 13
  • Chapter   11 State owned enterprises 13
  • Article   300 Delegated authority 13
  • Article   301 Definitions 13
  • Article   302 Scope of application 13
  • Article   303 General provisions 13
  • Article   304 Non-discrimination and commercial considerations 13
  • Article   305 Regulatory principles 13
  • Article   306 Transparency 13
  • Chapter   12 Transparency 13
  • Article   307 Definitions 13
  • Article   308 Objective and scope 13
  • Article   309 Publication 13
  • Article   310 Enquiries and contact points 13
  • Article   311 Administration of measures of general application 13
  • Article   312 Review and appeal 13
  • Article   313 Good regulatory practice and administrative behaviour 13
  • Article   314 Confidentiality 13
  • Article   315 Specific provisions 13
  • Section   B Consultations and mediation 13
  • Article   318 Consultations 13
  • Article   319 Mediation 13
  • Section   C Dispute settlement procedures 13
  • Subsection   I Arbitration procedure 13
  • Article   320 Initiation of the arbitration procedure 13
  • Article   321 Establishment of the arbitration panel 14
  • Article   322 Terms of reference 14
  • Article   323 Arbitration panel preliminary ruling on urgency 14
  • Article   324 Reports of the arbitration panel 14
  • Article   325 Interim report of the arbitration panel 14
  • Article   326 Final report of the arbitration panel 14
  • Subsection   II Compliance 14
  • Article   327 Compliance with the final report of the arbitration panel 14
  • Article   328 Reasonable period of time for compliance 14
  • Article   329 Review of any measure taken to comply with the final report of the arbitration panel 14
  • Article   330 Temporary remedies in case of non-compliance 14
  • Article   331 Review of any measure taken to comply after the adoption of temporary remedies for non-compliance 14
  • Subsection   III Common provisions 14
  • Article   332 Replacement of arbitrators 14
  • Article   333 Suspension and termination of arbitration and compliance procedures 14
  • Article   334 Mutually agreed solution 14
  • Article   335 Rules of procedure and code of conduct 14
  • Article   336 Information and technical advice 14
  • Article   337 Rules of interpretation 14
  • Article   338 Decisions and reports of the arbitration panel 14
  • Section   D General provisions 14
  • Article   339 Lists of arbitrators 14
  • Article   340 Choice of forum 14
  • Article   341 Time limits 14
  • Article   342 Referrals to the court of justice of the european union 14
  • Title   VII Financial assistance, and anti-fraud and control provisions 14
  • Chapter   1 Financial assistance 14
  • Article   343 14
  • Article   344 14
  • Article   345 14
  • Article   346 14
  • Article   347 14
  • Chapter   2 Anti-fraud and control provisions 14
  • Article   348 Definitions 14
  • Article   349 Scope 14
  • Article   350 Measures to prevent and fight fraud, corruption and any other illegal activities 14
  • Article   351 Exchange of information and further cooperation at operational level 14
  • Article   352 Cooperation to protect the euro and the dram against counterfeiting 14
  • Article   353 Prevention of fraud, corruption and irregularities 14
  • Article   354 Investigation and prosecution 14
  • Article   355 Communication of fraud, corruption and irregularities 14
  • Article   356 Audits 14
  • Article   357 On-the-spot checks 14
  • Article   358 Administrative measures and sanctions 14
  • Article   359 Recovery 14
  • Article   360 Confidentiality 15
  • Article   361 Approximation of Legislation 15
  • Title   VII Institutional, General and Final Provisions 15
  • Chapter   1 Institutional Framework 15
  • Article   362 Partnership Council 15
  • Article   363 Partnership Committee 15
  • Article   364 Sub-committees and other Bodies 15
  • Article   365 Parliamentary Partnership Committee 15
  • Article   366 Civil Society Platform 15
  • Chapter   2 General and Final Provisions 15
  • Article   367 Access to Courts and Administrative Organs 15
  • Article   368 Security Exceptions 15
  • Article   369 Non-discrimination 15
  • Article   370 Gradual Approximation 15
  • Article   371 Dynamic Approximation 15
  • Article   372 Monitoring and Assessment of Approximation 15
  • Article   373 Results of Monitoring, Including Assessments of Approximation 15
  • Article   374 Restrictions In Case of Balance-of-payments and External Financial Difficulties 15
  • Article   375 Taxation 15
  • Article   376 Delegated Authority 15
  • Article   377 Fulfilment of Obligations 15
  • Article   378 Dispute Settlement 15
  • Article   379 Appropriate Measures In Case of Non-fulfilment of Obligations 15
  • Article   380 Relation to other Agreements 15
  • Article   381 Duration 15
  • Article   382 Definition of the Parties 15
  • Article   383 Territorial Application 15
  • Article   384 Depositary of the Agreement 15
  • Article   385 Entry Into Force, Final Provisions and Provisional Application 15
  • Article   386 Authentic Texts 15