Armenia - EU Comprehensive and Enhanced Partnership Agreement (2017)
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Article 176. Universal Service

1. Each Party has the right to define the kind of universal service obligations it wishes to maintain.

2. Those universal service obligations shall not be regarded per se as anti-competitive, provided they are administered in a proportionate, transparent, objective and non-discriminatory way. The administration of such obligations shall also be neutral with respect to competition and be not more burdensome than necessary for the kind of universal service defined by the Party.

3. All suppliers of electronic communications networks or services should be eligible to provide universal service. The designation of universal service suppliers shall be made through an efficient, transparent and non-discriminatory mechanism. Where necessary, each Party shall assess whether the provision of universal service represents an unfair burden on a supplier designated to provide universal service. Where justified on the basis of such calculation, and taking into account the market benefit which accrues to a supplier that offers universal service, regulatory authorities shall determine whether a mechanism is required to compensate the supplier concerned or to share the net cost of universal service obligations.

Article 177. Number Portability

Each Party shall ensure that suppliers of public electronic communications services provide for number portability on reasonable terms and conditions.

Article 178. Confidentiality of Information

Each Party shall ensure the confidentiality of electronic communications and related traffic data by means of a public electronic communications network and publicly available electronic communications services without restricting trade in services.

Article 179. Resolution of Electronic Communications Disputes

1. Each Party shall ensure that in the event of a dispute arising between suppliers of electronic communications networks or services in connection with rights and obligations that arise from this Subsection, the regulatory authority concerned shall, at the request of either party concerned, issue a binding decision to resolve the dispute in the shortest possible timeframe and in any case within four months, except in exceptional circumstances.

2. Where such a dispute concerns the cross-border provision of services, the regulatory authorities concerned shall coordinate their efforts in order to bring about a resolution of the dispute.

3. The decision of the regulatory authority shall be made available to the public, having regard to the requirements of business confidentiality. The parties concerned shall be given a full statement of the reasons on which it is based and shall have the right to appeal that decision, in accordance with Article 172 paragraph 7.

4. The procedure referred to in this Article shall not preclude either party concerned from bringing an action before the courts.

Article 180. Gradual Approximation

The Parties recognise the importance of gradual approximation of the legislation of the Republic of Armenia on electronic communication networks to that of the European Union.

Subsection VI. Financial Services

Article 181. Scope and Definitions

1. This Subsection applies to measures affecting the supply of financial services, where financial services are liberalised pursuant to Sections B, C and D.

2. For the purposes of this Chapter "financial service" means any service of a financial nature offered by a financial service supplier of a Party. Financial services comprise insurance and insurance-related services as well as banking and other financial services.

3. Insurance and insurance-related services as referred to in paragraph 2 comprise:

(a) direct insurance (including co-insurance):

(i) life; and

(ii) non-life;

(b) reinsurance and retrocession;

(c) insurance inter-mediation, such as brokerage and agency; and

(d) services auxiliary to insurance, such as consultancy, actuarial, risk assessment and claim settlement services.

4. Banking and other financial services (excluding insurance and insurance-related services) as referred to in paragraph 2 comprise:

(a) acceptance of deposits and other repayable funds from the public;

(b) lending of all types, including consumer credit, mortgage credit, factoring and financing of commercial transaction;

(c) financial leasing;

(d) all payment and money transmission services, including credit, charge and debit cards, travellers cheques and bankers drafts;

(e) guarantees and commitments;

(f) trading for own account or for account of customers, whether on an exchange, in an over-the-counter market or otherwise, the following:

(i) money-market instruments (including cheques, bills, certificates of deposits);

(ii) foreign exchange;

(iii) derivative products including, but not limited to, futures and options;

(iv) exchange rate and interest rate instruments, including products such as swaps, forward rate agreements;

(v) transferable securities; and

(iv) other negotiable instruments and financial assets, including bullion;

(g) participation in issues of all kinds of securities, including underwriting and placement as agent (whether publicly or privately) and provision of services related to such issues;

(h) money broking;

(i) asset management, such as cash or portfolio management, all forms of collective investment management, pension fund management, custodial, depository and trust services;

(j) settlement and clearing services for financial assets, including securities, derivative products, and other negotiable instruments;

(k) provision and transfer of financial information, and financial data processing and related software; and

(l) advisory, intermediation and other auxiliary financial services on all the activities listed in this paragraph, including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy.

5. For the purposes of this Subsection:

(a) "financial service supplier" means any natural or juridical person of a Party that seeks to provide or provides financial services but does not include a public entity;

(b) "public entity" means:

(i) a government, a central bank or a monetary authority, of a Party, or an entity owned or controlled by a Party, that is principally engaged in carrying out governmental functions or activities for governmental purposes, not including an entity principally engaged in supplying financial services on commercial terms; or

(ii) a private entity, performing functions normally performed by a central bank or monetary authority, when exercising those functions;

(c) "new financial service" means a service of a financial nature, including services related to existing and new products or the manner in which a product is delivered, that is not supplied by any financial service supplier in the territory of a Party but which is supplied in the territory of the other Party.

Article 182. Prudential Carve-out

1. Nothing in this Agreement shall prevent a Party from adopting or maintaining measures for prudential reasons, such as:

(a) the protection of investors, depositors, policy-holders or persons to whom a fiduciary duty is owed by a financial service supplier;

(b) ensuring the integrity and stability ofits financial system.

2. Those measures shall not be more burdensome than necessary to achieve their aim.

3. Nothing in this Agreement shall be construed as requiring a Party to disclose information relating to the affairs and accounts of individual consumers or any confidential or proprietary information in the possession of public entities.

Article 183. Effective and Transparent Regulation

1. Each Party shall make its best endeavours to provide in advance to all interested persons any measure of general application that the Party proposes to adopt in order to allow an opportunity for such persons to comment on the measure. Such proposed measure shall be provided:

(a) by means of an official publication; or

(b) in other written or electronic form.

2. Each Party shall make available to interested persons its requirements for completing applications relating to the supply of financial services.

On the request of an applicant, the concerned Party shall inform the applicant of the status of its application. If the concerned Party requires additional information from the applicant, it shall notify the applicant without undue delay.

3. Each Party shall make its best endeavours to ensure that internationally agreed standards for regulation and supervision in the financial services sector and for the fight against tax evasion and avoidance are implemented and applied in its territory. Such internationally agreed standards are, inter alia:

(a) the "Core Principle for Effective Banking Supervision" of the Basel Committee;

(b) the "Insurance Core Principles" of the International Association of Insurance Supervisors;

(c) the "Objectives and Principles of Securities Regulation" of the International Organisation of Securities Commissions;

(d) the OECD "Agreement on exchange of information on tax matters";

(e) the G20 "Statement on Transparency and exchange of information for tax purposes"; and

(f) "Forty Recommendations on Money Laundering" and "Nine Special Recommendations on Terrorist Financing" of the Financial Action Task Force.

4. The Parties take note of the "Ten Key Principles for Information Exchange" promulgated by the Finance Ministers of the G7 Nations, and shall make their best endeavours to apply those principles between them.

Article 184. New Financial Services

Each Party shall permit a financial service supplier of the other Party to provide any new financial service of a type similar to those services that the Party would permit its own financial service suppliers to provide under its domestic law in like circumstances. A Party may determine the legal form through which the service may be provided and may require authorisation for the provision of the service. Where such authorisation is required, a decision shall be made within a reasonable time and the authorisation may only be refused for prudential reasons consistent with Article 182.

Article 185. Data Processing

1. Each Party shall permit a financial service supplier of the other Party to transfer information in electronic or other form, into and out of its territory, for data processing where such processing is required in the ordinary course of business of such financial service supplier.

2. Nothing in paragraph 1 restricts the right of a Party to protect personal data and privacy, so long as such right is not used to circumvent this Agreement.

3. Each Party shall adopt or maintain adequate safeguards for the protection of privacy and fundamental rights, and freedom of individuals, in particular with regard to the transfer of personal data.

Article 186. Specific Exceptions

1. Nothing in this Chapter shall be construed as preventing a Party, including its public entities, from exclusively conducting or providing in its territory activities or services forming part of a public retirement plan or statutory system of social security, except where those activities may be carried out, as provided by the Party's domestic regulation, by financial service suppliers in competition with public entities or private institutions.

2. Nothing in this Agreement applies to activities conducted by a central bank or monetary authority or by any other public entity in pursuit of monetary or exchange rate policies.

3. Nothing in this Chapter shall be construed as preventing a Party, including its public entities, from exclusively conducting or providing in its territory activities or services for the account or with the guarantee or using the financial resources of the Party, or its public entities.

Article 187. Self-regulatory Organisations

Where a Party requires membership or participation in, or access to, any self-regulatory body, securities or futures exchange or market, clearing agency, or any other organisation or association, in order for financial service suppliers of the other Party to supply financial services on an equal basis with financial service suppliers of the Party, or where the Party provides, directly or indirectly, such entities with privileges or advantages in supplying financial services, the Party shall ensure compliance with the obligations specified in Articles 144 and 150.

Article 188. Clearing and Payment Systems

Under the terms and conditions of national treatment specified in Articles 144 and 150, each Party shall grant to financial service suppliers of the other Party established in its territory access to payment and clearing systems operated by public entities, as well as to official funding and refinancing facilities available in the normal course of ordinary business. This paragraph is not intended to confer access to the lender-of-last-resort facilities of a Party.

Article 189. Financial Stability and Regulation of Financial Services In the Republic of Armenia

The Parties recognise the importance of the adequate regulation of financial services to ensure financial stability, fair and efficient markets and the protection of investors, depositors, policy- holders and persons to whom fiduciary duty is owed by financial services suppliers. For such regulation of financial services the international best-practice standards provide the overall benchmark, in particular in the way they are implemented in the European Union. In that context, the Republic of Armenia shall approximate its regulation of financial services, as appropriate, to the legislation of the European Union.

Subsection VII. Transport Services

Article 190. Scope and Objectives

This Subsection sets out the principles regarding the liberalisation of international transport services pursuant to Sections B, C and D.

Article 191. Definitions

1. For the purposes of this Subsection and Sections B, C and D:

(a) "international maritime transport" includes door to door and multi-modal transport operations, which is the carriage of goods using more than one mode of transport, involving a sea-leg, under a single transport document, and includes to this effect the right to directly contract with providers of other modes of transport;

(b) "maritime cargo handling services" means activities exercised by stevedore companies, including terminal operators, but not including the direct activities of dockers, when this workforce is organised independently of the stevedoring or terminal operator companies. The activities covered include the organisation and supervision of:

(i) the loading or discharging of cargo to or from a ship;

(ii) the lashing or unlashing of cargo;

(iii) the reception or delivery and safekeeping of cargoes before shipment or after discharge;

(c) "customs clearance services" or alternatively "customs house brokers" services' means activities consisting in carrying out on behalf of another party customs formalities concerning import, export or through transport of cargoes, whether this service is the main activity of the service provider or a usual complement of its main activity;

(d) "container station and depot services" means activities consisting in storing containers, whether in port areas or inland, with a view to their stuffing or stripping, repairing and making them available for shipments;

(e) "maritime agency services" means activities consisting in representing, within a given geographic area, as an agent the business interests of one or more shipping lines or shipping companies, for the following purposes:

(i) marketing and sales of maritime transport and related services, from quotation to invoicing, and issuance of bills of lading on behalf of the companies, acquisition and resale of the necessary related services, preparation of documentation, and provision of business information; and

(ii) acting on behalf of the companies organising the call of the ship or taking over cargoes when required;

(f) "freight forwarding services" means the activity consisting of organising and monitoring shipment operations on behalf of shippers, through the acquisition of transport and related services, preparation of documentation and provision of business information; and

(g) "feeder services" means the pre- and onward transportation of international cargoes by sea, notably containerised, between ports located in a Party.

2. As regards international maritime transport, the Parties shall ensure effective application of the principle of unrestricted access to cargoes on a commercial basis, the freedom to provide international maritime transport services, as well as national treatment in the framework of the provision of such services.

3. In view of the existing levels of liberalisation between the Parties in international maritime transport each Party shall:

(a) apply effectively the principle of unrestricted access to the international maritime markets and trades on a commercial and non-discriminatory basis; and

(b) grant to ships flying the flag of the other Party or operated by service suppliers of the other Party treatment no less favourable than that accorded to its own ships or those of any third- country, whichever are the better, with regard to, inter alia, access to ports, the use of infrastructure and services of ports, and the use of maritime auxiliary services, as well as related fees and charges, customs facilities and the assignment of berths and facilities for loading and unloading.

4. In applying the principles referred to in paragraph 3, each Party shall:

(a) not introduce cargo-sharing arrangements in future agreements with third countries concerning international maritime transport services, including dry and liquid bulk and liner trade, and terminate, within a reasonable period of time, any such cargo-sharing arrangements that exist in previous agreements; and

(b) upon the entry into force of this Agreement, abolish and abstain from introducing any unilateral measures and administrative, technical and other obstacles which could constitute a disguised restriction or have discriminatory effects on the free supply of services in international maritime transport.

5. Each Party shall permit international maritime transport service suppliers of the other Party to have an establishment in its territory under conditions of establishment and operation no less favourable than those accorded to its own service suppliers or those of any third-country, whichever are the better.

6. Each Party shall make available to international maritime transport service suppliers of the other Party on reasonable and non-discriminatory terms and conditions the following services at the port: pilotage, towing and tug assistance, provisioning, fuelling and watering, garbage collecting and ballast waste disposal, port captain's services, navigation aids, emergency repair facilities, anchorage, berth and berthing services as well as shore-based operational services essential to ship operations, including communications, water and electrical supplies.

7. Each Party shall permit the movement of equipment such as empty containers, not being carried as cargo against payment, between ports of the Republic of Armenia or between ports of a Member State. 8. Each Party, subject to the authorisation of the competent authority shall permit international maritime transport service suppliers of the other Party to provide feeder services between their national ports.

Article 192. Gradual Approximation

The Parties recognise the importance of gradual approximation of the legislation of the Republic of Armenia on transport services to that of the European Union.

Section F. Electronic Commerce 

Subsection I. General Provisions 

Article 193. Objective and Principles

1. The Parties, recognising that electronic commerce increases trade opportunities in many sectors, aim to promote the development of electronic commerce between them, in particular by cooperating on the issues raised by electronic commerce with regard to the provisions of this Chapter.

2. The Parties agree that the development of electronic commerce shall be fully compatible with the highest international standards of data protection, in order to ensure the confidence of users of electronic commerce.

3. The Parties shall consider electronic transmissions as the provision of services, within the meaning of Section C, which cannot be subject to customs duties.

Article 194. Regulatory Aspects of Electronic Commerce

1. The Parties shall maintain a dialogue on regulatory issues raised by electronic commerce. That dialogue shall inter alia address the following matters:

(a) the recognition of certificates of electronic signatures issued to the public and the facilitation of cross-border certification services;

(b) the liability of intermediary service providers with respect to the transmission, or storage of information:

(i) the treatment of unsolicited electronic commercial communications; and

(ii) the protection of consumers in the ambit of electronic commerce; and

(c) any other matter relevant for the development of electronic commerce.

2. Such dialogue may be implemented by an exchange of information on the legislation of each Party with regard to the matters referred to in paragraph 1 as well as on the implementation of such legislation.

Subsection II. Liability of Intermediary Service Providers 

Article 195. Use of Intermediaries' Services

The Parties recognise that the services of intermediaries can be used by third parties for activities infringing their respective domestic law. To take account of that possibility each Party shall adopt or maintain for intermediary service providers the lability measures referred to in this subsection.

Article 196. Liability of Intermediary Service Providers: "mere Conduit"

1. Where an information society service is provided that consists of the transmission in a communication network of information provided by a recipient of the service, or the provision of access to a communication network, each Party shall ensure that the service provider is not liable for the information transmitted, on condition that the provider:

(a) does not initiate the transmission;

(b) does not select the receiver of the transmission; and

(c) does not select or modify the information contained in the transmission.

2. The acts of transmission and of provision of access referred to in paragraph 1 include the automatic, intermediate and transient storage of the information transmitted in so far as this takes place for the sole purpose of carrying out the transmission in the communication network, and provided that the information is not stored for any period longer than is reasonably necessary for the transmission.

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.

Article 197. Liability of Intermediary Service Providers: "caching"

1. Where an information society service is provided that consists of the transmission in a communication network of information provided by a recipient of the service, each Party shall ensure that the service provider is not liable for the automatic, intermediate and temporary storage of that information, performed for the sole purpose of making more efficient the information's onward transmission to other recipients of the service upon their request, on condition that the provider:

(a) does not modify the information;

(b) complies with conditions on access to the information;

(c) complies with rules regarding the updating of the information, specified in a manner widely recognised and used by industry;

(d) does not interfere with the lawful use of technology, widely recognised and used by industry, to obtain data on the use of the information; and

(e) acts expeditiously to remove or to disable access to the information the provider has stored upon obtaining actual knowledge of the fact that the information at the initial source of the transmission has been removed from the network, or access to it has been disabled, or that a court or an administrative authority has ordered such removal or disablement.

2. This Article shall not affect the possibility for a court or an administrative authority to require the service provider to terminate or prevent an infringement in accordance with the legal system of each Party.

Article 198. Liability of Intermediary Service Providers: "hosting"

1. Where an information society service is provided that consists of the storage of information provided by a recipient of the service, the Parties shall ensure that the service provider is not liable for the information stored at the request of a recipient of the service, on condition that the provider:

  • 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