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Document 02014A0830(01)-20180824
Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part
Consolidated text: Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part
Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part
ELI: http://data.europa.eu/eli/agree_internation/2014/492/2018-08-24
02014A0830(01) — EN — 24.08.2018 — 004.001
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
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ASSOCIATION AGREEMENT (OJ L 260 30.8.2014, p. 4) |
Amended by:
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Official Journal |
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No |
page |
date |
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L 178 |
28 |
2.7.2016 |
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L 313 |
28 |
19.11.2016 |
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L 313 |
36 |
19.11.2016 |
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DECISION No 1/2016 OF THE GEOGRAPHICAL INDICATIONS SUB-COMMITTEE of 18 October 2016 |
L 335 |
1 |
9.12.2016 |
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DECISION No 1/2016 OF THE EU-REPUBLIC OF MOLDOVA CUSTOMS SUB-COMMITTEE of 6 October 2016 |
L 39 |
45 |
16.2.2017 |
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DECISION No 1/2018 OF THE EU-REPUBLIC OF MOLDOVA ASSOCIATION COUNCIL of 3 May 2018 |
L 176 |
21 |
12.7.2018 |
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DECISION No 1/2018 OF THE GEOGRAPHICAL INDICATIONS SUB-COMMITTEE of 24 August 2018 |
L 318 |
51 |
14.12.2018 |
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ASSOCIATION AGREEMENT
between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part
PREAMBLE
THE KINGDOM OF BELGIUM,
THE REPUBLIC OF BULGARIA,
THE CZECH REPUBLIC,
THE KINGDOM OF DENMARK,
THE FEDERAL REPUBLIC OF GERMANY,
THE REPUBLIC OF ESTONIA,
IRELAND,
THE HELLENIC REPUBLIC,
THE KINGDOM OF SPAIN,
THE FRENCH REPUBLIC,
THE REPUBLIC OF CROATIA,
THE ITALIAN REPUBLIC,
THE REPUBLIC OF CYPRUS,
THE REPUBLIC OF LATVIA,
THE REPUBLIC OF LITHUANIA,
THE GRAND DUCHY OF LUXEMBOURG,
HUNGARY,
THE REPUBLIC OF MALTA,
THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF POLAND,
THE PORTUGUESE REPUBLIC,
ROMANIA,
THE REPUBLIC OF SLOVENIA,
THE SLOVAK REPUBLIC,
THE REPUBLIC OF FINLAND,
THE KINGDOM OF SWEDEN,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
Contracting Parties to the Treaty on European Union and the Treaty on the Functioning of the European Union, hereinafter referred to as ‘the Member States’,
THE EUROPEAN UNION, hereinafter referred to as ‘the Union’ or ‘the EU’ and
THE EUROPEAN ATOMIC ENERGY COMMUNITY, hereinafter referred to as ‘the Euratom’
of the one part, and
THE REPUBLIC OF MOLDOVA
of the other part,
hereafter jointly referred to as ‘the Parties’,
CONSIDERING the common values and strong links of the Parties, established in the past through the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Moldova, of the other part, and being developed within the framework of the European Neighbourhood Policy and the Eastern Partnership, and recognising the common desire of the Parties to further develop, strengthen and extend their relations;
ACKNOWLEDGING the European aspirations and the European choice of the Republic of Moldova;
RECOGNISING that the common values on which the EU is built — namely democracy, respect for human rights and fundamental freedoms, and the rule of law — lie also at the heart of political association and economic integration as envisaged in this Agreement;
TAKING into account that this Agreement will not prejudice, and leaves open, the way for future progressive developments in EU-Republic of Moldova relations;
ACKNOWLEDGING that the Republic of Moldova as a European country shares a common history and common values with the Member States and is committed to implementing and promoting those values, which for the Republic of Moldova inspire its European choice;
RECOGNISING the importance of the EU-Republic of Moldova European Neighbourhood Policy Action Plan of February 2005 in strengthening EU-Republic of Moldova relations and in helping to move the reform and approximation process in the Republic of Moldova forward, thus contributing to gradual economic integration and deepening of political association;
COMMITTED to strengthening respect for fundamental freedoms, human rights, including the rights of persons belonging to minorities, democratic principles, the rule of law, and good governance;
RECALLING in particular their will to promote human rights, democracy and the rule of law, including by cooperating to that end within the framework of the Council of Europe;
WILLING to contribute to the political and socioeconomic development of the Republic of Moldova, through wide-ranging cooperation in a broad spectrum of areas of common interest, including in the field of good governance, freedom, security and justice, trade integration and enhanced economic cooperation, employment and social policy, financial management, public administration and civil service reform, civil society participation, institution building, reduction of poverty, and sustainable development;
COMMITTED to all the principles and provisions of the Charter of the United Nations, the Organisation for Security and Cooperation in Europe (OSCE), in particular of the Helsinki Final Act of 1975 of the Conference on Security and Cooperation in Europe and the concluding documents of the Madrid and Vienna Conferences of 1991 and 1992 respectively, and the Charter of Paris for a New Europe of 1990, as well as the United Nations Universal Declaration of Human Rights of 1948 and the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950;
RECALLING their will to promote international peace and security as well as engaging in effective multilateralism and the peaceful settlement of disputes, in particular by cooperating to that end within the framework of the United Nations (UN) and the OSCE;
RECOGNISING the importance of the active participation of the Republic of Moldova in regional cooperation formats;
DESIROUS to further develop regular political dialogue on bilateral and international issues of mutual interest, including regional aspects, taking into account the Common Foreign and Security Policy (CFSP) of the EU, including the Common Security and Defence Policy (CSDP);
TAKING ACCOUNT of the EU's willingness to support the international effort to strengthen the sovereignty and territorial integrity of the Republic of Moldova and to contribute to the reintegration of the country;
RECOGNISING the importance of the commitment of the Republic of Moldova to a viable settlement of the Transnistrian conflict, and the EU's commitment to support post-conflict rehabilitation;
COMMITTED to preventing and combating all forms of organised crime, trafficking in human beings and corruption, and to stepping up cooperation in the fight against terrorism;
COMMITTED to deepening their dialogue and cooperation on mobility, migration, asylum and border management in the spirit of the EU external migration policy framework aiming at cooperation on legal migration, including circular migration and tackling illegal migration, as well as ensuring the efficient implementation of the Agreement between the European Community and the Republic of Moldova on the readmission of persons residing without authorisation;
RECOGNISING the gradual steps being taken towards a visa-free regime for the citizens of the Republic of Moldova in due course, provided that the conditions for well-managed and secure mobility are in place;
CONFIRMING that the provisions of this Agreement that fall within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union bind the United Kingdom and Ireland as separate Contracting Parties, and not as part of the EU, unless the EU together with the United Kingdom and/or Ireland have jointly notified the Republic of Moldova that the United Kingdom or Ireland is bound as part of the EU in accordance with Protocol No 21 on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union. If the United Kingdom and/or Ireland ceases to be bound as part of the EU in accordance with Article 4a of that Protocol, the EU together with the United Kingdom and/or Ireland shall immediately inform the Republic of Moldova of any change in their position, in which case they shall remain bound by the provisions of this Agreement in their own right. The same applies to Denmark, in accordance with Protocol No 22 on the position of Denmark, annexed to those Treaties;
COMMITTED to the principles of free market economy and confirming the readiness of the EU to contribute to the economic reforms in the Republic of Moldova;
COMMITTED to respecting environmental needs, including transboundary cooperation on, and implementation of, multilateral international agreements, and to respecting the principles of sustainable development;
DESIROUS to achieve gradual economic integration in the EU internal market as stipulated in this Agreement, inter alia, through a Deep and Comprehensive Free Trade Area (DCFTA), as an integral part of this Agreement;
WILLING to create a Deep and Comprehensive Free Trade Area, which will provide for far-reaching regulatory approximation and market access liberalisation, in compliance with the rights and obligations arising out of the World Trade Organisation (WTO) membership of the Parties and the transparent application of those rights and obligations;
BELIEVING that this Agreement will create a new climate for economic relations between the Parties and above all for the development of trade and investment, and will stimulate competition, which are factors crucial to economic restructuring and modernisation;
COMMITTED to enhancing the security of energy supply, facilitating the development of appropriate infrastructure, increasing market integration and regulatory approximation towards key elements of the EU acquis, and promoting energy efficiency and the use of renewable energy sources;
ACKNOWLEDGING the need for enhanced energy cooperation, and the commitment of the Parties to implement the Treaty establishing the Energy Community (‘the Energy Community Treaty’);
WILLING to improve the level of public health safety and protection of human health as a precondition for sustainable development and economic growth;
COMMITTED to enhancing people-to-people contacts, including through cooperation and exchanges in the fields of research and development, education and culture;
COMMITTED to promoting cross-border and inter-regional cooperation, in the spirit of good neighbourly relations;
RECOGNISING the commitment of the Republic of Moldova to progressively approximate its legislation in the relevant sectors with that of the EU, and to implement it effectively;
RECOGNISING the commitment of the Republic of Moldova to develop its administrative and institutional infrastructure to the extent necessary to enforce this Agreement;
TAKING account of the willingness of the EU to provide support for the implementation of reforms, and to use all available instruments of cooperation and technical, financial and economic assistance in that endeavour,
HAVE AGREED AS FOLLOWS:
Article 1
Objectives
The aims of that association are:
to promote political association and economic integration between the Parties based on common values and close links, including by increasing the Republic of Moldova's participation in EU policies, programmes and agencies;
to strengthen the framework for enhanced political dialogue in all areas of mutual interest, providing for the development of close political relations between the Parties;
to contribute to the strengthening of democracy and to political, economic and institutional stability in the Republic of Moldova;
to promote, preserve and strengthen peace and stability in the regional and international dimensions, including through joining efforts to eliminate sources of tension, enhancing border security, promoting cross-border cooperation and good neighbourly relations;
to support and enhance cooperation in the area of freedom, security and justice with the aim of reinforcing the rule of law and respect for human rights and fundamental freedoms as well as in the area of mobility and people-to-people contacts;
to support the efforts of the Republic of Moldova to develop its economic potential via international cooperation, also through the approximation of its legislation to that of the EU;
to establish conditions for enhanced economic and trade relations leading towards the Republic of Moldova's gradual integration in the EU internal market as stipulated in this Agreement, including by setting up a Deep and Comprehensive Free Trade Area, which will provide for far-reaching regulatory approximation and market access liberalisation, in compliance with the rights and obligations arising out of WTO membership and the transparent application of those rights and obligations; and
to establish conditions for increasingly close cooperation in other areas of mutual interest.
TITLE I
GENERAL PRINCIPLES
Article 2
TITLE II
POLITICAL DIALOGUE AND REFORM, COOPERATION IN THE FIELD OF FOREIGN AND SECURITY POLICY
Article 3
Aims of political dialogue
The aims of political dialogue shall be:
to deepen political association and increase political and security policy convergence and effectiveness;
to promote international stability and security based on effective multilateralism;
to strengthen cooperation and dialogue between the Parties on international security and crisis management, particularly in order to address global and regional challenges and key threats;
to foster result-oriented and practical cooperation between the Parties for achieving peace, security and stability on the European continent;
to strengthen respect for democratic principles, the rule of law and good governance, human rights and fundamental freedoms, including the rights of persons belonging to minorities, and to contribute to consolidating domestic political reforms;
to develop dialogue and to deepen cooperation of the Parties in the field of security and defence; and
to respect and promote the principles of sovereignty and territorial integrity, inviolability of borders and independence.
Article 4
Domestic reform
The Parties shall cooperate on the following areas:
developing, consolidating and increasing the stability and effectiveness of democratic institutions and the rule of law;
ensuring respect for human rights and fundamental freedoms;
making further progress on judicial and legal reform, so as to secure the independence of the judiciary, strengthen its administrative capacity and guarantee impartiality and effectiveness of law enforcement bodies;
further pursuing the public administration reform and building an accountable, efficient, transparent and professional civil service; and
ensuring effectiveness in the fight against corruption, particularly in view of enhancing international cooperation on combating corruption, and ensuring effective implementation of relevant international legal instruments, such as the United Nations Convention Against Corruption of 2003.
Article 5
Foreign and security policy
Article 6
International Criminal Court
Article 7
Conflict prevention and crisis management
The Parties shall enhance practical cooperation in conflict prevention and crisis management, in particular with a view to the possible participation of the Republic of Moldova in EU-led civilian and military crisis management operations as well as relevant exercises and training, on a case-by-case basis and following a possible invitation by the EU.
Article 8
Regional stability
Article 9
Weapons of mass destruction
The Parties furthermore agree to cooperate and to contribute to countering the proliferation of WMD and their means of delivery by:
taking steps to ratify, or accede to, as appropriate, and fully implement all other relevant international instruments; and
establishing an effective system of national export controls, controlling the export as well as transit of WMD-related goods, including a WMD end-use control on dual-use technologies, and containing effective sanctions for breaches of export controls.
Article 10
Small arms and light weapons and conventional arms export control
Article 11
International cooperation in the fight against terrorism
TITLE III
FREEDOM, SECURITY AND JUSTICE
Article 12
Rule of law
Article 13
Protection of personal data
Article 14
Cooperation on migration, asylum and border management
Cooperation will be based on a specific needs assessment, conducted in mutual consultation between the Parties, and implemented in accordance with their relevant legislation in force. It will, in particular, focus on:
the root causes and the consequences of migration;
the development and implementation of national legislation and practices as regards international protection, with a view to satisfying the provisions of the Geneva Convention relating to the Status of Refugees of 1951 and of the Protocol relating to the Status of Refugees of 1967 and of other relevant international instruments, and to ensuring the respect of the principle of ‘non-refoulement’;
the admission rules and rights and status of persons admitted, fair treatment and integration of lawfully residing non-nationals, education and training, and measures against racism and xenophobia;
the establishment of an effective and preventive policy against illegal immigration, smuggling of migrants and trafficking in human beings, including the issue of how to combat networks of smugglers and traffickers and how to protect the victims of such trafficking;
the promotion and facilitation of the return of illegal migrants; and
in the area of border management and document security, on issues of organisation, training, best practices and other operational measures as well as strengthening cooperation between the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex) and the Border Guard Service of the Republic of Moldova.
Article 15
Movement of persons
The Parties will ensure the full implementation of:
the Agreement between the European Community and the Republic of Moldova on the readmission of persons residing without authorisation, which entered into force on 1 January 2008; and
the Agreement between the European Community and the Republic of Moldova on the facilitation of the issuance of visas, which entered into force on 1 January 2008, as amended on 27 June 2012.
Article 16
Preventing and combating organised crime, corruption and other illegal activities
The Parties shall cooperate on preventing and combating all forms of criminal and illegal activities, organised or otherwise, including those of a transnational character, such as:
smuggling and trafficking in human beings;
smuggling and trafficking in goods, including in small arms and illicit drugs;
illegal economic and financial activities such as counterfeiting, fiscal fraud and public procurement fraud;
fraud, as referred to in Title VI (Financial Assistance, and Anti-Fraud and Control Provisions) of this Agreement, in projects funded by international donors;
active and passive corruption, both in the private and public sector, including the abuse of functions and trading in influence;
forging documents and submitting false statements; and
cyber crime.
Article 17
Tackling illicit drugs
Article 18
Money laundering and financing of terrorism
Article 19
Combating terrorism
The Parties agree to cooperate in the prevention and suppression of acts of terrorism in full respect for the rule of law, international human rights, and refugee and humanitarian law and in accordance with the UN Global Counter-Terrorism Strategy of 2006 as well as their respective laws and regulations. They shall do so, in particular in the framework of the full implementation of UN Security Council Resolutions 1267 (1999), 1373 (2001), 1540 (2004) and 1904 (2009) and other relevant UN instruments, and applicable international conventions and instruments:
by exchanging information on terrorist groups and their support networks in accordance with international and national law;
by exchanging views on terrorism trends and on means and methods of combating terrorism, including in technical areas and training, and by exchanging experiences in respect of the prevention of terrorism; and
by sharing best practices in the area of protection of human rights in the fight against terrorism.
Article 20
Legal cooperation
TITLE IV
ECONOMIC AND OTHER SECTORAL COOPERATION
CHAPTER 1
Public administration reform
Article 21
Cooperation shall focus on the development of efficient and accountable public administration in the Republic of Moldova, with the aim of supporting implementation of the rule of law, ensuring that state institutions work for the benefit of the entire population of the Republic of Moldova, and promoting the smooth development of relations between the Republic of Moldova and its partners. Particular attention will be given to the modernisation and development of executive functions, with the goal of providing quality services to the citizens of the Republic of Moldova.
Article 22
Cooperation shall cover the following areas:
the institutional and functional development of public authorities, in order to increase the efficiency of their activity and to ensure an efficient, participatory and transparent decision-making and strategic planning process;
modernisation of public services, including the introduction and implementation of e-Governance, with a view to increasing the efficiency of service delivery to citizens and reducing the costs of doing business;
creation of a professional civil service based on the principle of managerial accountability and effective delegation of authority, as well as fair and transparent recruitment, training, assessment and remuneration;
effective and professional human resource management and career development; and
the promotion of ethical values in the civil service.
Article 23
Cooperation shall cover all levels of public administration, including local administration.
CHAPTER 2
Economic dialogue
Article 24
Article 25
To those ends, the Parties agree to cooperate in the following areas:
exchange of information on macroeconomic policies and structural reforms as well as on macroeconomic performance and prospects, and on strategies for economic development;
joint analysis of economic issues of mutual interest, including economic policy measures and the instruments for implementing them, such as methods for economic forecasting and elaboration of strategic policy documents, with a view to strengthening the policy-making of the Republic of Moldova in line with EU principles and practices; and
exchange of expertise in the macroeconomic and macrofinancial sphere, including public finances, financial sector developments and regulation, monetary and exchange rate policies and frameworks, external financial assistance, and economic statistics.
Article 26
A regular dialogue will take place on the issues covered by this Chapter.
CHAPTER 3
Company law, accounting and auditing and corporate governance
Article 27
Recognising the importance of an effective set of rules and practices in the areas of company law and corporate governance, as well as in accounting and auditing, for the creation of a fully-functioning market economy and for fostering trade, the Parties agree to cooperate:
on the protection of shareholders, creditors and other stakeholders in line with EU rules in this area;
on the introduction of relevant international standards at national level and gradual approximation of the rules of the Republic of Moldova with those of the EU in the field of accounting and auditing; and
on further development of corporate governance policy in line with international standards, as well as gradual approximation of the rules of the Republic of Moldova with the EU rules and recommendations in this area.
Article 28
The Parties will aim at sharing information and expertise on both existing systems and relevant new developments in those areas. In addition, the Parties will seek to improve information exchange between the business registers of Member States and the national register of companies of the Republic of Moldova.
Article 29
A regular dialogue will take place on the issues covered by this Chapter.
Article 30
The Republic of Moldova shall carry out approximation of its legislation to the EU acts and international instruments referred to in Annex II to this Agreement according to the provisions of that Annex.
CHAPTER 4
Employment, social policy and equal opportunities
Article 31
The Parties shall strengthen their dialogue and cooperation on promoting the International Labour Organisation (ILO) Decent Work Agenda, employment policy, health and safety at work, social dialogue, social protection, social inclusion, gender equality and anti-discrimination, and social rights, and thereby contribute to the promotion of more and better jobs, poverty reduction, enhanced social cohesion, sustainable development and improved quality of life.
Article 32
Cooperation, based on exchange of information and best practices, may cover a selected number of issues to be identified among the following areas:
poverty reduction and the enhancement of social cohesion;
employment policy, aiming at more and better jobs with decent working conditions, including with a view to reducing the informal economy and informal employment;
promoting active labour market measures and efficient employment services to modernise the labour markets and to adapt to labour market needs;
fostering more inclusive labour markets and social safety systems that integrate disadvantaged people, including people with disabilities and people from minority groups;
efficient management of labour migration, aiming at strengthening its positive impact on development;
equal opportunities, aiming at enhancing gender equality and ensuring equal opportunities between women and men, as well as combating discrimination on all grounds;
social policy, aiming at enhancing the level of social protection, including social assistance and social insurance, and modernising social protection systems, in terms of quality, accessibility and financial sustainability;
enhancing the participation of social partners and promoting social dialogue, including through strengthening the capacity of all relevant stakeholders; and
promoting health and safety at work.
Article 33
The Parties shall encourage the involvement of all relevant stakeholders, including civil society organisations and in particular social partners, in policy development and reforms in the Republic of Moldova and in the cooperation between the Parties under this Agreement.
Article 34
The Parties shall aim at enhancing cooperation on employment and social policy matters in all relevant regional, multilateral and international fora and organisations.
Article 35
The Parties shall promote corporate social responsibility and accountability and encourage responsible business practices, such as those promoted by the UN Global Compact and the ILO tripartite declaration of principles concerning multinational enterprises and social policy.
Article 36
A regular dialogue will take place on the issues covered by this Chapter.
Article 37
The Republic of Moldova shall carry out approximation of its legislation to the EU acts and international instruments referred to in Annex III to this Agreement according to the provisions of that Annex.
CHAPTER 5
Consumer protection
Article 38
The Parties shall cooperate in order to ensure a high level of consumer protection and to achieve compatibility between their systems of consumer protection.
Article 39
In order to achieve those objectives, the cooperation may comprise, when appropriate:
aiming at the approximation of consumer legislation, based on the priorities in Annex IV to this Agreement, while avoiding barriers to trade for ensuring consumers' real choices;
promoting exchange of information on consumer protection systems, including consumer legislation and its enforcement, consumer product safety, including market surveillance, consumer information systems and tools, consumer education, empowerment and consumer redress, and sales and service contracts concluded between traders and consumers;
promoting training activities for administration officials and other consumer interest representatives; and
encouraging the development of independent consumer associations, including non-governmental consumer organisations (NGOs), and contacts between consumer representatives, as well as collaboration between authorities and NGOs in the field of consumer protection.
Article 40
The Republic of Moldova shall carry out approximation of its legislation to the EU acts and international instruments referred to in Annex IV to this Agreement according to the provisions of that Annex.
CHAPTER 6
Statistics
Article 41
The Parties shall develop and strengthen their cooperation on statistical issues, thereby contributing to the long-term objective of providing timely, internationally comparable and reliable statistical data. It is expected that a sustainable, efficient and professionally independent national statistical system shall produce information relevant for citizens, businesses and decision makers in the EU and in the Republic of Moldova, enabling them to take informed decisions on that basis. The national statistical system should respect the UN Fundamental Principles of Official Statistics, taking into account the EU acquis in statistics, including the European Statistics Code of Practice, in order to align the national statistical system with the European norms and standards.
Article 42
Cooperation shall aim at:
further strengthening the capacity of the national statistical system, focusing on the sound legal basis, production of adequate data and metadata, dissemination policy and user- friendliness, taking into account various groups of users, including public and private sectors, the academic community and other users;
progressive alignment of the statistical system of the Republic of Moldova with the European Statistical System;
fine-tuning of data provision to the EU, taking into account the application of relevant international and European methodologies, including classifications;
enhancing the professional and management capacity of the national statistical staff to facilitate the application of EU statistical standards and to contribute to the development of the statistical system of the Republic of Moldova;
exchanging experience between the Parties on the development of statistical know-how; and
promoting total quality management of all statistical production processes and dissemination.
Article 43
The Parties shall cooperate within the framework of the European Statistical System in which Eurostat is the European statistical authority. The cooperation shall include a focus on:
demographic statistics, including censuses, and social statistics;
agricultural statistics, including agricultural censuses and environment statistics;
business statistics, including business registers and use of administrative sources for statistical purposes;
macroeconomic statistics, including national accounts, foreign trade statistics, and foreign direct investment statistics;
energy statistics, including balances;
regional statistics; and
horizontal activities, including statistical classifications, quality management, training, dissemination and use of modern information technologies.
Article 44
The Parties shall, inter alia, exchange information and expertise and shall develop their cooperation, taking into account the already accumulated experience in the reform of the statistical system launched within the framework of various assistance programmes. Efforts shall be directed towards further alignment with the EU acquis in statistics, on the basis of the national strategy for the development of the statistical system of the Republic of Moldova, and taking into account the development of the European Statistical System. The emphasis in the statistical data production process shall be the further development of sample surveys and usage of administrative records, while taking into account the need to reduce the response burden. The data shall be relevant for the designing and monitoring of policies in key areas of social and economic life.
Article 45
A regular dialogue shall take place on the issues covered by this Chapter. To the extent possible, the activities undertaken within the European Statistical System, including training, should be open for the participation of the Republic of Moldova.
Article 46
CHAPTER 7
Management of public finances: budget policy, internal control, financial inspection and external audit
Article 47
Cooperation in the field covered by this Chapter will focus on the implementation of international standards as well as EU good practice in this field, which will contribute to the development of a modern public finance management system in the Republic of Moldova, compatible with basic EU and international principles of transparency, accountability, economy, efficiency and effectiveness.
Article 48
Budget and accounting systems
The Parties shall cooperate in relation to:
improvement and systematisation of regulatory documents on the budgetary, treasury, accounting and reporting systems and their harmonisation on the basis of international standards, respecting also good practice in the EU public sector;
continuous development of multi-annual budget planning and the alignment to EU good practice;
studying the practices of the European countries in inter-budget relations, in order to improve this field in the Republic of Moldova;
fostering approximation of procurement procedures with existing practices in the EU; and
exchange of information, experiences and good practice, including through personnel exchange and joint training in this field.
Article 49
Internal control, financial inspection and external audit
The Parties shall also cooperate in relation to:
further improvement of the internal control system (including a functionally independent internal audit function) in state and local authorities by means of harmonisation with generally accepted international standards and methodologies and EU good practice;
the development of an adequate financial inspection system that will complement but not duplicate the internal audit function and will ensure adequate control coverage of government income and expenditure during a transitional period and thereafter;
effective cooperation between the actors involved in financial management and control, audit and inspection with the actors for budget, treasury and accounting to foster the development of governance;
strengthening the competences of the Central Harmonisation Unit for the Public Internal Financial Control (PIFC);
the implementation of internationally accepted external audit standards by the International Organisation of Supreme Audit Institutions (INTOSAI); and
exchange of information, experiences and good practice through, inter alia, personnel exchange and joint training in this field.
Article 50
Fight against fraud and corruption
The Parties shall also cooperate in relation to:
exchanging information, experience and good practice;
improving methods to combat and prevent fraud and corruption in the areas covered by this Chapter, including cooperation between relevant administrative bodies; and
ensuring effective cooperation with the relevant EU institutions and bodies, in the case of on-the-spot checks, inspections and audits related to the management and control of EU funds, according to relevant rules and procedures.
Article 51
A regular dialogue will take place on the issues covered by this Chapter.
CHAPTER 8
Taxation
Article 52
The Parties shall cooperate to enhance good governance in the tax area, with a view to the further improvement of economic relations, trade, investment and fair competition.
Article 53
With reference to Article 52 of this Agreement, the Parties recognise and commit themselves to implement the principles of good governance in the tax area, i.e. the principles of transparency, exchange of information and fair tax competition, as subscribed to by Member States at EU level. To that effect, without prejudice to EU and Member State competences, the Parties will improve international cooperation in the tax area, facilitate the collection of legitimate tax revenues, and develop measures for the effective implementation of the above mentioned principles.
Article 54
The Parties shall enhance and strengthen their cooperation aimed at the improvement and development of the Republic of Moldova's tax system and administration, including the enhancement of collection and control capacity, with a specific focus on Value Added Tax (VAT) refund procedures, to avoid accumulation of arrears, ensure effective tax collection and reinforce the fight against tax fraud and tax avoidance. The Parties shall strive to enhance cooperation and sharing of experiences in combating tax fraud, and in particular carousel fraud.
Article 55
The Parties shall develop their cooperation and harmonise policies in counteracting and fighting fraud and the smuggling of excisable products. That cooperation will include, inter alia, the gradual approximation of excise rates on tobacco products, as far as possible, taking into account the constraints of the regional context, including through a dialogue at regional level and in line with the World Health Organisation Framework Convention on Tobacco Control of 2003 (WHO FCTC). To that end, the Parties will strive to strengthen their cooperation within the regional context.
Article 56
A regular dialogue will take place on the issues covered by this Chapter.
Article 57
The Republic of Moldova shall carry out approximation of its legislation to the EU acts and international instruments referred to in Annex VI to this Agreement according to the provisions of that Annex.
CHAPTER 9
Financial services
Article 58
Recognising the relevance of an effective set of rules and practices in the areas of financial services to establish a fully-functioning market economy and in order to foster trade exchanges among the Parties, the Parties agree to cooperate in the area of financial services in line with the following objectives:
supporting the process of adapting financial services regulation to the needs of an open market economy;
ensuring effective and adequate protection of investors and other consumers of financial services;
ensuring the stability and integrity of the financial system of the Republic of Moldova in its entirety;
promoting cooperation between different actors of the financial system, including regulators and supervisors; and
ensuring independent and effective supervision.
Article 59
Article 60
A regular dialogue will take place on the issues covered by this Chapter.
Article 61
The Republic of Moldova shall carry out approximation of its legislation to the EU acts and international instruments referred to in Annex XXVIII-A to this Agreement, according to the provisions of that Annex.
CHAPTER 10
Industrial and enterprise policy
Article 62
The Parties shall develop and strengthen their cooperation on industrial and enterprise policy, thereby improving the business environment for all economic operators, but with particular emphasis on small and medium-sized enterprises (SMEs). Enhanced cooperation should improve the administrative and regulatory framework for both EU businesses and businesses of the Republic of Moldova operating in the EU and in the Republic of Moldova, and should be based on the EU's SME and industrial policies, taking into account internationally recognised principles and practices in this field.
Article 63
To those ends, the Parties shall cooperate in order to:
implement strategies for SME development, based on the principles of the Small Business Act for Europe, and monitoring of the implementation process through regular reporting and dialogue. That cooperation will also include a focus on micro enterprises, which are extremely important for both the economies of the EU and of the Republic of Moldova;
create better framework conditions, via the exchange of information and good practice, thereby contributing to improving competitiveness. That cooperation will include the management of structural changes (restructuring), the development of public-private partnerships, and environmental and energy issues, such as energy efficiency and cleaner production;
simplify and rationalise regulations and regulatory practice, with specific focus on exchange of good practice on regulatory techniques, including the EU's principles;
encourage the development of innovation policy, via the exchange of information and good practice regarding the commercialisation of research and development (including support instruments for technology-based business start-ups), cluster development and access to finance;
encourage greater contacts between EU businesses and businesses of the Republic of Moldova and between those businesses and the authorities of the EU and the Republic of Moldova;
support the establishment of export promotion activities in the Republic of Moldova; and
facilitate the modernisation and restructuring of the industry of the Republic of Moldova in certain sectors.
Article 64
A regular dialogue will take place on the issues covered by this Chapter. That will also involve representatives of EU businesses and businesses of the Republic of Moldova.
CHAPTER 11
Mining and raw materials
Article 65
The Parties shall develop and strengthen cooperation covering mining industries and trade in raw materials, with the objectives of promoting mutual understanding, improvement of the business environment, information exchange and cooperation on non-energy issues, relating in particular to the mining of metallic ores and industrial minerals.
Article 66
To that end, the Parties shall cooperate in the following areas:
exchange of information by the Parties on developments in their mining and raw material sectors;
exchange of information on matters related to trade in raw materials, with the aim of promoting bilateral exchanges;
exchange of information and best practices in relation to sustainable development aspects of the mining industries; and
exchange of information and best practices in relation to training, skills and safety in the mining industries.
CHAPTER 12
Agriculture and rural development
Article 67
The Parties shall cooperate to promote agricultural and rural development, in particular through progressive convergence of policies and legislation.
Article 68
Cooperation between the Parties in the field of agriculture and rural development shall cover, inter alia, the following areas:
facilitating the mutual understanding of agricultural and rural development policies;
enhancing the administrative capacities at central and local level in the planning, evaluation and implementation of policies in accordance with EU regulations and best practices;
promoting the modernisation and the sustainability of agricultural production;
sharing knowledge and best practices of rural development policies to promote economic well-being for rural communities;
improving the competitiveness of the agricultural sector and the efficiency and transparency of the markets;
promoting quality policies and their control mechanisms, in particular geographical indications and organic farming;
disseminating knowledge and promoting extension services to agricultural producers; and
enhancing the harmonisation of issues dealt within the framework of international organisations of which the Parties are members.
Article 69
A regular dialogue will take place on the issues covered by this Chapter.
Article 70
The Republic of Moldova shall carry out approximation of its legislation to the EU acts and international instruments referred to in Annex VII to this Agreement according to the provisions of that Annex.
CHAPTER 13
Fisheries & maritime policy
Article 71
The Parties shall develop and strengthen their cooperation on issues covering fisheries and maritime governance, thereby developing closer bilateral and multilateral cooperation in the fisheries sector. The Parties shall also encourage an integrated approach to fisheries issues and promote sustainable fisheries development.
Article 72
The Parties shall take joint actions, exchange information and provide support to each other in order to promote:
good governance and best practices in fisheries management with a view to ensuring conservation and management of fish stocks in a sustainable manner and based on the ecosystem approach;
responsible fishing and fisheries management consistent with the principles of sustainable development, so as to conserve fish stocks and ecosystems in a healthy state; and
cooperation through appropriate regional organisations responsible for management and conservation of living aquatic resources.
Article 73
The Parties will support initiatives, such as mutual exchange of experience and providing support, in order to ensure the implementation of a sustainable fisheries policy, including:
management of fisheries and aquaculture resources;
inspection and control of fishing activities, as well as development of corresponding administrative and judicial structures capable of applying appropriate measures;
collection of catch, landing, biological and economic data;
improving the efficiency of the markets, in particular by promoting producer organisations, providing information to consumers, and through marketing standards and traceability; and
development of a structural policy for the fisheries sector, with particular attention to the sustainable development of fisheries areas which are defined as an area with lake shore or including ponds or a river estuary and with a significant level of employment in the fisheries sector.
Article 74
Taking into account their cooperation in the spheres of fisheries, transport, environment and other sea-related policies, the Parties shall also develop cooperation and mutual support, when appropriate, on maritime issues, in particular by actively supporting an integrated approach to maritime affairs and good governance in the Black Sea in the relevant international maritime fora.
Article 75
A regular dialogue will take place on the issues covered by this Chapter.
CHAPTER 14
Energy cooperation
Article 76
The Parties agree to continue their current cooperation on energy matters on the basis of the principles of partnership, mutual interest, transparency and predictability. The cooperation should aim at energy efficiency, market integration and regulatory convergence in the energy sector, taking into account the need to ensure competitiveness and access to secure, environmentally sustainable and affordable energy, including through the provisions of the Energy Community Treaty.
Article 77
The cooperation shall cover, among others, the following areas and objectives:
energy strategies and policies;
the development of competitive, transparent and non-discriminatory energy markets in accordance with EU standards, including obligations under the Energy Community Treaty, through regulatory reforms and through the participation in regional energy cooperation;
development of an attractive and stable investment climate by addressing institutional, legal, fiscal and other conditions;
energy infrastructure, including projects of common interest, in order to diversify energy sources, suppliers and transportation routes in an efficient economic and environmentally sound manner, inter alia, through the facilitation of loan and grant funded investments;
enhancement and strengthening of long-term stability and security of energy supply and trade, transit and transport on a mutually beneficial and non-discriminatory basis in accordance with EU and international rules;
promotion of energy efficiency and energy saving, inter alia, concerning energy performance of buildings, and the development and support of renewable energies in an economic and environmentally sound manner;
reduction of emissions of greenhouse gases, including through energy efficiency and renewable energy projects;
scientific and technical cooperation and exchange of information for the development and improvement of technologies in energy production, transportation, supply and end use, with particular attention to energy efficient and environmentally friendly technologies; and
cooperation may be pursued in the areas of nuclear safety, security and radiation protection, in accordance with the principles and standards of the International Atomic Energy Agency (IAEA) and the relevant international treaties and conventions concluded within the framework of the IAEA, as well as in accordance with the Treaty establishing the European Atomic Energy Community, where applicable.
Article 78
A regular dialogue will take place on the issues covered by this Chapter.
Article 79
The Republic of Moldova shall carry out approximation of its legislation to the EU acts and international instruments referred to in Annex VIII to this Agreement according to the provisions of that Annex.
CHAPTER 15
Transport
Article 80
The Parties shall:
expand and strengthen their transport cooperation in order to contribute to the development of sustainable transport systems;
promote efficient, safe and secure transport operations as well as intermodality and interoperability of transport systems; and
endeavour to enhance the main transport links between their territories.
Article 81
That cooperation shall cover, among others, the following areas:
development of a sustainable national transport policy covering all modes of transport, particularly with a view to ensuring efficient, safe and secure transport systems and promoting the integration of considerations in the sphere of transport into other policy areas;
development of sector strategies in light of the national transport policy (including legal requirements for the upgrading of technical equipment and transport fleets to meet highest international standards) for road, rail, inland waterway, aviation, and intermodality, including timetables and milestones for implementation, administrative responsibilities as well as financing plans;
improvement of the infrastructure policy in order to better identify and evaluate infrastructure projects in the various modes of transport;
development of funding strategies focusing on maintenance, capacity constraints and missing link infrastructure as well as activating and promoting the participation of the private sector in transport projects;
accession to relevant international transport organisations and agreements, including procedures for ensuring strict implementation and effective enforcement of international transport agreements and conventions;
scientific and technical cooperation and exchange of information for the development and improvement of technologies in transport, such as intelligent transport systems; and
promotion of the use of intelligent transport systems and information technology in managing and operating all modes of transport as well as supporting intermodality and cooperation in the use of space systems and commercial applications facilitating transport.
Article 82
Cooperation shall include information exchange and joint activities:
at regional level, in particular taking into consideration and integrating progress achieved under various regional transport cooperation arrangements such as the Transport Corridor Europe-Caucasus-Asia (TRACECA), transport cooperation within the framework of the Eastern Partnership and other transport initiatives; and
at international level, including with regard to international transport organisations and international agreements and conventions ratified by the Parties, and in the framework of the various transport agencies of the EU.
Article 83
A regular dialogue will take place on the issues covered by this Chapter.
Article 84
The Parties will cooperate on improving transport connections according to the provisions referred to in Annex IX to this Agreement.
Article 85
The Republic of Moldova shall carry out approximation of its legislation to the EU acts and international instruments referred to in Annex X and in Annex XXVIII-D to this Agreement, according to the provisions of those Annexes.
CHAPTER 16
Environment
Article 86
The Parties shall develop and strengthen their cooperation on environmental issues, thereby contributing to the long-term objective of sustainable development and greening the economy. It is expected that enhanced environment protection will bring benefits to citizens and businesses in the EU and in the Republic of Moldova, including through improved public health, preserved natural resources, increased economic and environmental efficiency, integration of the environment into other policy areas, as well as the use of modern, cleaner technologies contributing to more sustainable production patterns. Cooperation shall be conducted considering the interests of the Parties on the basis of equality and mutual benefit, as well as taking into account the interdependence existing between the Parties in the field of environment protection, and multilateral agreements in that field.
Article 87
Cooperation shall aim at preserving, protecting, improving, and rehabilitating the quality of the environment, protecting human health, sustainable utilisation of natural resources and promoting measures at international level to deal with regional or global environmental problems, including in the areas of:
environmental governance and horizontal issues, including Environmental Impact Assessment and Strategic Environmental Assessment, education and training, environmental liability, combating environmental crime, transboundary cooperation, access to environmental information, decision-making processes and effective administrative and judicial review procedures;
air quality;
water quality and resource management, including flood risk management, water scarcity and droughts;
waste and resource management and shipment of waste;
nature protection, including conservation and protection of biological and landscape diversity;
industrial pollution and industrial hazards;
chemicals;
noise pollution;
soil protection;
urban and rural environment;
environmental fees and taxes;
monitoring and environmental information systems;
inspection and enforcement; and
eco-innovation including best available technologies.
Article 88
The Parties shall, inter alia:
exchange information and expertise;
implement joint research activities and exchange of information on cleaner technologies;
plan the handling of industrial hazards and accidents;
implement joint activities at regional and international level, including with regard to multilateral environment agreements ratified by the Parties, and joint activities in the framework of relevant agencies, as appropriate.
The Parties shall pay special attention to transboundary issues and regional cooperation.
Article 89
The cooperation shall cover, inter alia, the following objectives:
development of an overall strategy on the environment, covering planned institutional reforms (with timetables) for ensuring implementation and enforcement of environmental legislation; division of competence for the environmental administration at national, regional and municipal levels; procedures for decision making and the implementation of decisions; procedures for the promotion of the integration of the environment into other policy areas; promotion of green economy measures and eco-innovation, identification of the necessary human and financial resources and a review mechanism; and
development of sector strategies on air quality; water quality and resource management; waste and resource management; biodiversity and nature protection; industrial pollution and industrial hazards and chemicals, noise pollution, soil protection, urban and rural environment, eco-innovation including clearly defined timetables and milestones for implementation, administrative responsibilities, as well as financing strategies for investments for infrastructure and technology.
Article 90
A regular dialogue will take place on the issues covered by this Chapter.
Article 91
The Republic of Moldova shall carry out approximation of its legislation to the EU acts and international instruments referred to in Annex XI to this Agreement according to the provisions of that Annex.
CHAPTER 17
Climate action
Article 92
The Parties shall develop and strengthen their cooperation to combat climate change. Cooperation shall be conducted considering the interests of the Parties on the basis of equality and mutual benefit and taking into account the interdependence existing between bilateral and multilateral commitments in this field.
Article 93
Cooperation shall promote measures at domestic, regional and international level, including in the areas of:
mitigation of climate change;
adaptation to climate change;
carbon trading;
research, development, demonstration, deployment and diffusion of safe and sustainable low-carbon and adaptation technologies;
mainstreaming of climate considerations into sector policies; and
awareness raising, education and training.
Article 94
The Parties shall, inter alia:
exchange information and expertise;
implement joint research activities and exchanges of information on cleaner technologies;
implement joint activities at regional and international level, including with regard to multilateral environment agreements ratified by the Parties, and joint activities in the framework of relevant agencies, as appropriate.
The Parties shall pay special attention to transboundary issues and regional cooperation.
Article 95
The cooperation shall cover, among others, the development and implementation of:
an overall climate strategy and action plan for the long-term mitigation of and adaptation to climate change;
vulnerability and adaptation assessments;
a National Strategy for Adaptation to Climate Change;
a low-carbon development strategy;
long-term measures to reduce emissions of greenhouse gases;
measures to prepare for carbon trading;
measures to promote technology transfer on the basis of a technology needs assessment;
measures to mainstream climate considerations into sector policies; and
measures related to ozone-depleting substances.
Article 96
A regular dialogue will take place on the issues covered by this Chapter.
Article 97
The Republic of Moldova shall carry out approximation of its legislation to the EU acts and international instruments referred to in Annex XII to this Agreement according to the provisions of that Annex.
CHAPTER 18
Information society
Article 98
The Parties shall strengthen cooperation on the development of the Information Society to benefit citizens and businesses through the widespread availability of Information and Communication Technology (ICT) and through better quality of services at affordable prices. That cooperation should aim at facilitating access to electronic communications markets, encouraging competition and investment in the sector, and promoting the development of public services online.
Article 99
Cooperation may cover the following subjects:
exchange of information and best practices on the implementation of national Information Society strategies, including, inter alia, initiatives aiming at promoting broadband access, improving network security and developing public services online;
exchange of information, best practices and experience to promote the development of a comprehensive regulatory framework for electronic communications, and in particular to strengthen the administrative capacity of the national administration in Information and Communication Technologies, as well as of the independent regulator, to foster a better use of spectrum resources and to promote interoperability of networks in the Republic of Moldova and with the EU;
encouraging and promoting the implementation of ICT tools for a better governance, e-learning and research, public healthcare, digitisation of cultural heritage, development of e — content and electronic commerce; and
enhancing the level of security of personal data and the protection of privacy in electronic communications.
Article 100
The Parties shall promote cooperation between EU regulators and the national regulatory authorities of the Republic of Moldova in the field of electronic communications. The Parties shall also consider cooperation in other relevant areas, including through regional initiatives.
Article 101
A regular dialogue will take place on the issues covered by this Chapter.
Article 102
The Republic of Moldova shall carry out approximation of its legislation to the EU acts and international instruments referred to in Annex XXVIII-B to this Agreement, according to the provisions of that Annex.
CHAPTER 19
Tourism
Article 103
The Parties shall cooperate in the field of tourism, with the aim of strengthening the development of a competitive and sustainable tourism industry as a generator of economic growth, empowerment, employment and foreign exchange.
Article 104
Cooperation at bilateral, regional and European level would be based on the following principles:
respect for the integrity and interests of local communities, particularly in rural areas;
the importance of cultural heritage; and
positive interaction between tourism and environmental preservation.
Article 105
Cooperation shall focus on the following topics:
exchange of information, best practices, experience and ‘know-how’ transfer, including on innovative technologies;
establishment of a strategic partnership between public, private and community interests in order to ensure the sustainable development of tourism;
promotion and development of tourism products and markets, infrastructure, human resources and institutional structures as well as the identification and elimination of barriers to travel services;
development and implementation of efficient policies and strategies including appropriate legal, administrative and financial aspects;
tourism training and capacity building in order to improve service standards; and
development and promotion of community-based tourism.
Article 106
A regular dialogue will take place on the issues covered by this Chapter.
CHAPTER 20
Regional development, cross-border and regional level cooperation
Article 107
In particular the Parties shall cooperate with a view to aligning the practice of the Republic of Moldova with the following principles:
decentralisation of the decision-making process, from the central level to the level of regional communities;
consolidation of the partnership between all the parties involved in regional development; and
co-financing through the financial contribution of the Parties involved in the implementation of regional development programmes and projects.
Article 108
The Parties will cooperate to consolidate the institutional and operational capacities of national and regional institutions in the fields of regional development and land use planning by, inter alia:
improving the mechanism of vertical and horizontal interaction of central and local public administration in the process of development and implementation of regional policies;
developing the capacity of local public authorities to promote cross-border cooperation in compliance with EU regulations and practices; and
sharing knowledge, information and best practices on regional development policies to promote economic well-being for local communities and the uniform development of the regions.
Article 109
Those activities will take place in the context of:
continuing territorial cooperation with European regions, including through trans-national and cross-border cooperation programmes;
cooperation within the framework of the Eastern Partnership, with EU bodies, including the Committee of the Regions, and participation in various European regional projects and initiatives; and
cooperation with, inter alia, the European Economic and Social Committee, the European Association of Development Agencies (EURADA) and the European Spatial Planning Observation Network (ESPON).
Article 110
Article 111
The Parties shall facilitate the movement of citizens of the EU and of the Republic of Moldova who are called upon to cross the border on a frequent basis and over short distances.
Article 112
A regular dialogue will take place on the issues covered by this Chapter.
CHAPTER 21
Public health
Article 113
The Parties agree to develop their cooperation in the field of public health, with a view to raising the level of public health safety and protection of human health as a precondition for sustainable development and economic growth.
Article 114
The cooperation shall cover, in particular, the following areas:
strengthening of the public health system of the Republic of Moldova, in particular through implementing health sector reform, ensuring high-quality primary healthcare, and improving health governance and healthcare financing;
epidemiological surveillance and control of communicable diseases, such as HIV/AIDS, viral hepatitis and tuberculosis, as well as increased preparedness for public health threats and emergencies;
prevention and control of non-communicable diseases, mainly through exchange of information and best practices, promoting healthy lifestyles and addressing major health determinants, such as nutrition and addiction to alcohol, drugs and tobacco;
quality and safety of substances of human origin;
health information and knowledge; and
full and timely implementation of international health agreements, in particular the International Health Regulations and the World Health Organisation Framework Convention on Tobacco Control of 2003.
Article 115
The cooperation shall enable:
the progressive integration of the Republic of Moldova into the EU's health related networks; and
the progressive enhancement of interaction between the Republic of Moldova and the European Centre for Disease Prevention and Control.
Article 116
The Republic of Moldova shall carry out approximation of its legislation to the EU acts and international instruments referred to in Annex XIII to this Agreement according to the provisions of that Annex.
CHAPTER 22
Civil protection
Article 117
The Parties shall develop and strengthen their cooperation on natural and man-made disasters. Cooperation shall be conducted considering the interests of the Parties on the basis of equality and mutual benefit, as well as taking into account the interdependence existing between the Parties and multilateral activities in the field of civil protection.
Article 118
Cooperation shall aim at improving the prevention of, preparation for and response to natural and man-made disasters.
Article 119
The Parties shall, inter alia, exchange information and expertise and implement joint activities at national, regional and international level. Cooperation shall include the implementation of specific agreements and administrative arrangements in this field, concluded between the Parties according to the respective powers and competences of the EU and its Member States and in accordance with the legal procedures of the Parties.
Article 120
The cooperation shall cover, amongst others, the following objectives:
facilitating mutual assistance in case of emergencies;
exchanging on a 24-hour basis early warnings and updated information on large scale emergencies affecting the EU or the Republic of Moldova, including requests for and offers of assistance;
assessment of the environmental impact of disasters;
inviting experts to specific technical workshops and symposia on civil protection issues;
inviting, on a case by case basis, observers to specific exercises and trainings organised by the EU and/or the Republic of Moldova; and
strengthening cooperation on the most effective use of available civil protection capabilities.
Article 121
A regular dialogue will take place on the issues covered by this Chapter.
CHAPTER 23
Cooperation on education, training, multilingualism, youth and sport
Article 122
The Parties shall cooperate to promote lifelong learning and encourage cooperation and transparency at all levels of education and training, with a special focus on higher education.
Article 123
That cooperation shall focus, inter alia, on the following areas:
promoting lifelong learning, which is a key to growth and jobs and can allow citizens to participate fully in society;
modernising education and training systems, enhancing quality, relevance and access;
promoting convergence in higher education, deriving from the Bologna process and the EU higher education modernisation agenda;
reinforcing international academic cooperation and participation in EU cooperation programmes, increasing student and teacher mobility;
establishing a national qualification framework to improve the transparency and recognition of qualifications and competences; and
promoting the aims set in the Copenhagen process on enhanced European cooperation in vocational education and training.
Article 124
The Parties shall promote cooperation and exchanges in areas of mutual interest, such as linguistic diversity and lifelong language learning, through an exchange of information and best practices.
Article 125
The Parties agree to cooperate in the field of youth to:
reinforce cooperation and exchanges in the field of youth policy and non-formal education for young people and youth workers;
facilitate active participation of all young people in society;
support young people and youth workers' mobility as a means to promote intercultural dialogue and the acquisition of knowledge, skills and competences outside the formal educational systems, including through volunteering; and
promote cooperation between youth organisations to support civil society.
Article 126
The Parties shall promote cooperation in the field of sport and physical activity through the exchange of information and good practices in order to promote a healthy lifestyle, the social and educational values of sport and good governance in sport within the societies of the EU and the Republic of Moldova.
CHAPTER 24
Cooperation in research, technological development and demonstration
Article 127
The Parties shall promote cooperation in all areas of civil scientific research and technological development and demonstration (RTD) on the basis of mutual benefit and subject to appropriate and effective protection of intellectual property rights.
Article 128
Cooperation in RTD shall cover:
policy dialogue and the exchange of scientific and technological information;
facilitating adequate access to the respective programmes of the Parties;
increasing research capacity and the participation of research entities of the Republic of Moldova in the research framework programmes of the EU;
the promotion of joint projects for research in all areas of RTD;
training activities and mobility programmes for scientists, researchers and other research staff engaged in RTD activities on both sides;
facilitating, within the framework of applicable legislation, the free movement of research workers participating in the activities covered by this Agreement and the cross-border movement of goods intended for use in such activities; and
other forms of cooperation in RTD (including through regional approaches and initiatives), on the basis of the Parties' mutual agreement.
Article 129
In carrying out cooperation activities in RTD, synergies should be sought with activities funded by the Science and Technology Centre (STCU) and other activities carried out within the framework of financial cooperation between the EU and the Republic of Moldova.
CHAPTER 25
Cooperation on culture, audio-visual policy and media
Article 130
The Parties will promote cultural cooperation in accordance with the principles enshrined in the United Nations Educational, Scientific and Cultural Organisation (Unesco) Convention on the Protection and Promotion of the Diversity of Cultural Expressions of 2005. The Parties will seek a regular policy dialogue in areas of mutual interest, including the development of cultural industries in the EU and the Republic of Moldova. Cooperation between the Parties will foster intercultural dialogue, including through the participation of the culture sector and civil society of the EU and of the Republic of Moldova.
Article 131
Article 132
The Parties shall concentrate their cooperation on a number of fields:
cultural cooperation and cultural exchanges, as well as the mobility of art and artists;
intercultural dialogue;
policy dialogue on cultural policy and audiovisual policy;
cooperation in international fora such as Unesco and the Council of Europe, in order to, inter alia, develop cultural diversity and preserve and valorise cultural and historical heritage; and
cooperation in the field of media.
Article 133
The Republic of Moldova shall carry out approximation of its legislation to the EU acts and international instruments referred to in Annex XIV to this Agreement according to the provisions of that Annex.
CHAPTER 26
Civil society cooperation
Article 134
The Parties shall establish a dialogue on civil society cooperation, with the following objectives:
to strengthen contacts and the exchange of information and experience between all sectors of civil society in the EU and in the Republic of Moldova;
to ensure a better knowledge and understanding of the Republic of Moldova, including its history and culture, in the EU and in particular among civil society organisations based in the Member States, thus allowing for a better awareness of the opportunities and challenges for future relations; and
to ensure, reciprocally, a better knowledge and understanding of the EU in the Republic of Moldova and in particular among civil society organisations of the Republic of Moldova, with a non-exclusive focus on the values on which the EU is founded, its policies and its functioning.
Article 135
The Parties shall promote dialogue and cooperation between civil society stakeholders from both sides as an integral part of the relations between the EU and the Republic of Moldova. The aims of such a dialogue and such cooperation are:
to ensure the involvement of civil society in EU-Republic of Moldova relations, in particular in the implementation of this Agreement;
to enhance civil society participation in the public decision-making process, particularly by establishing an open, transparent and regular dialogue between the public institutions and representative associations and civil society;
to facilitate a process of institution-building and consolidation of civil society organisations in various ways, including advocacy support, informal and formal networking, mutual visits and workshops, in particular with a view to improving the legal framework for civil society; and
to enable civil society representatives from each side to become acquainted with the processes of consultation and dialogue between civil and social partners on the other side, in particular with a view to further integrating civil society in the public policy-making process in the Republic of Moldova.
Article 136
A regular dialogue will take place between the Parties on the issues covered by this Chapter.
CHAPTER 27
Cooperation in the protection and promotion of the rights of the child
Article 137
The Parties agree to cooperate in ensuring the promotion of the rights of the child according to international laws and standards, in particular the United Nations Convention on the Rights of the Child of 1989, taking into account the priorities identified in the specific context of the Republic of Moldova, in particular for vulnerable groups.
Article 138
Such cooperation shall include, in particular:
the prevention and combating of all forms of exploitation (including child labour), abuse, negligence and violence against children, including by developing and strengthening the legal and institutional framework as well as through awareness-raising campaigns in that domain;
the improvement of the system of identification and assistance of children in vulnerable situations, including increased participation by children in decision-making processes and the implementation of efficient mechanisms to handle individual complaints made by children;
exchange of information and best practices on the alleviation of poverty among children, including on measures to focus social policies on children's wellbeing, and to promote and facilitate children's access to education;
the implementation of measures aimed at promoting children's rights within the family and institutions, and strengthening the capacity of parents and carers in order to ensure child development; and
accession to, ratification and implementation of the relevant international documents, including those developed within the United Nations, the Council of Europe and the Hague Conference on Private International Law, with the purpose of promoting and protecting of children's rights in line with the highest standards in the field.
Article 139
A regular dialogue will take place on the issues covered by this Chapter.
CHAPTER 28
Participation in Union agencies and programmes
Article 140
The Republic of Moldova shall be allowed to participate in all agencies of the Union open to the participation of the Republic of Moldova in accordance with the relevant provisions establishing those agencies. The Republic of Moldova shall enter into separate agreements with the EU to enable its participation in each such agency, including the amount of financial contribution.
Article 141
The Republic of Moldova shall be allowed to participate in all current and future programmes of the Union open to the participation of the Republic of Moldova in accordance with the relevant provisions establishing those programmes. The participation of the Republic of Moldova in the programmes of the Union shall be in accordance with the provisions laid down in Protocol I to this Agreement on a Framework Agreement between the European Union and the Republic of Moldova on the General Principles for the Participation of the Republic of Moldova in Union Programmes.
Article 142
The Parties will conduct a regular dialogue on the participation of the Republic of Moldova in Union programmes and agencies. In particular, the EU shall inform the Republic of Moldova in the case of establishment of new Union agencies and programmes, as well as regarding changes in terms of participation in Union programmes and agencies, referred to in Articles 140 and 141 of this Agreement.
TITLE V
TRADE AND TRADE-RELATED MATTERS
CHAPTER 1
National treatment and market access for goods
Article 143
Objective
The Parties shall progressively establish a free trade area over a transitional period of a maximum of 10 years starting from the entry into force of this Agreement, in accordance with the provisions of this Agreement and in accordance with Article XXIV of the General Agreement on Tariffs and Trade 1994 (GATT 1994).
Article 144
Scope and coverage
Article 145
Definition of customs duties
For the purposes of this Chapter, a ‘customs duty’ includes any duty or charge of any kind imposed on, or in connection with, the import or export of a good, including any form of surtax or surcharge imposed on, or in connection with, such import or export. A ‘customs duty’ does not include any of the following:
a charge equivalent to an internal tax imposed in accordance with Article 152 of this Agreement;
duties imposed in accordance with Chapter 2 (Trade Remedies) of Title V (Trade and Trade-related Matters) of this Agreement; or
fees or other charges imposed in accordance with Article 151 of this Agreement.
Article 146
Classification of goods
The classification of goods in trade between the Parties shall be that set out in accordance with the Harmonised Commodity Description and Coding System of 1983 (HS) in the Republic of Moldova's tariff nomenclature based on HS 2007 and the Union's tariff nomenclature based on HS 2012 and in subsequent amendments to those nomenclatures.
Article 147
Elimination of customs duties on imports
Article 148
Anti-circumvention mechanism for agricultural products and processed agricultural products
The suspension shall be applicable for a period of six months and shall take effect on the date of publication of the decision to suspend preferential treatment in the Official Journal of the European Union.
Article 149
Standstill
Neither Party may increase any existing customs duty, or adopt any new customs duty, on a good originating in the other Party. That shall not preclude either Party from:
raising a customs duty to the level established in Annex XV following a unilateral reduction; or
maintaining or increasing a customs duty as authorized by the Dispute Settlement Body (DSB) of the WTO.
Article 150
Customs duties on exports
Neither Party shall adopt or maintain any duty or tax, other than internal charges applied in accordance with Article 152 of this Agreement, on or in connection with the export of goods to the territory of the other Party.
Article 151
Fees and other charges
Each Party shall ensure, in accordance with Article VIII of GATT 1994 and the interpretative notes thereon, that all fees and charges of whatever character other than customs duties or other measures referred to in Article 147 of this Agreement, imposed on, or in connection with, the import or export of goods are limited in amount to the approximate cost of services rendered and do not represent an indirect protection of domestic goods or a taxation of imports or exports for fiscal purposes.
Article 152
National treatment
Each Party shall accord national treatment to the goods of the other Party in accordance with Article III of GATT 1994, including the interpretative notes thereon. To that end, Article III of GATT 1994 and the interpretative notes thereon are incorporated into this Agreement and made an integral part thereof.
Article 153
Import and export restrictions
Neither Party shall adopt or maintain any prohibition or restriction on the import of any good of the other Party or on the export or sale for export of any good destined for the territory of the other Party, except as otherwise provided in this Agreement or in accordance with Article XI of GATT 1994 and the interpretative notes thereon. To that end, Article XI of GATT 1994 and the interpretative notes thereon are incorporated into this Agreement and made an integral part thereof.
Article 154
General exceptions
Article 155
Special provisions on administrative cooperation
For the purposes of this Article, failure to provide administrative cooperation or assistance shall mean, inter alia:
a repeated failure to respect the obligations to verify the originating status of the good(s) concerned;
a repeated refusal or undue delay in carrying out and/or communicating the results of a subsequent verification of the proof of origin;
repeated refusal or undue delay in obtaining authorisation to conduct enquiry visits to determine the authenticity of documents or accuracy of information relevant to the granting of the preferential treatment in question.
The application of a temporary suspension shall be subject to the following conditions:
the Party which has made a finding, on the basis of objective information, of a failure to provide administrative cooperation or assistance and/or of irregularities or fraud shall, without undue delay, notify the Association Committee in Trade configuration, as set out in Article 438(4) of this Agreement, of its finding together with the objective information and enter into consultations within that Committee, on the basis of all relevant information and objective findings, with a view to reaching a solution acceptable to both Parties;
where the Parties have entered into consultations within the aforementioned Committee and have failed to agree on an acceptable solution within three months following the notification, the Party concerned may temporarily suspend the relevant preferential treatment of the good(s) concerned. A temporary suspension shall be notified to the Association Committee in Trade configuration without undue delay;
temporary suspensions under this Article shall be limited to what is necessary to protect the financial interests of the Party concerned. They shall not exceed a period of six months, which may be renewed if at the date of expiry nothing has changed with respect to the conditions that gave rise to the initial suspension. They shall be subject to periodic consultations within the Association Committee in Trade configuration, as set out in Article 438(4) of this Agreement, in particular with a view to their termination as soon as the conditions for their application no longer apply.
Article 156
Management of administrative errors
In case of an error by the competent authorities in the proper management of the preferential system at export, and in particular in the application of the provisions of Protocol II to this Agreement concerning the definition of originating products and methods of administrative cooperation, where that error leads to consequences in terms of import duties, the Party facing such consequences may request that the Association Committee in Trade configuration, as set out in Article 438(4) of this Agreement, examines the possibility of adopting all appropriate measures with a view to resolving the situation.
Article 157
Agreements with other countries
CHAPTER 2
Trade remedies
Article 158
General provisions
Article 159
Transparency
Article 160
Application of measures
Article 161
General provisions
Article 162
Transparency
Article 163
Consideration of public interest
Anti-dumping or countervailing measures may not be applied by a Party where, on the basis of the information made available during the investigation, it can clearly be concluded that it is not in the public interest to apply such measures. The public interest determination shall be based on an appreciation of all the various interests taken as a whole, including the interests of the domestic industry, users, consumers and importers to the extent that they have provided relevant information to the investigating authorities.
Article 164
Lesser duty rule
Should a Party decide to impose a provisional or a definitive anti-dumping or countervailing duty, the amount of such duty shall not exceed the margin of dumping or the total amount of countervailable subsidies, but it should be less than the margin of dumping or the total amount of countervailable subsidies if such a lesser duty would be adequate to remove the injury to the domestic industry.
Article 165
Application of a bilateral safeguard measure
The importing Party may take a bilateral safeguard measure which:
suspends further reduction of the rate of customs duty on the good concerned provided for under this Agreement; or
increases the rate of customs duty on the good to a level which does not exceed the lesser of:
the MFN applied rate of customs duty on the good in effect at the time the measure is taken; or
the base rate of customs duty specified in the Schedules included in Annex XV pursuant to Article 147 of this Agreement.
Article 166
Conditions and limitations
Neither Party may apply a bilateral safeguard measure:
except to the extent, and for such time, as may be necessary to prevent or remedy serious injury and to facilitate the adjustment of the domestic industry;
for a period exceeding two years. However, that period may be extended by up to two years if the competent authorities of the importing Party determine, in accordance with the procedures specified in this Article, that the measure continues to be necessary to prevent or remedy serious injury and to facilitate the adjustment of the domestic industry and that there is evidence that the industry is adjusting, provided that the total period of application of a safeguard measure, including the period of initial application and any extension thereof, shall not exceed four years;
beyond the expiration of the transitional period; or
with respect to the same product, at the same time as a measure under Article XIX of GATT 1994 and the Agreement on Safeguards is applied.
Article 167
Provisional measures
In critical circumstances where delay would cause damage that would be difficult to repair, a Party may apply a bilateral safeguard measure on a provisional basis pursuant to a preliminary determination that there is clear evidence that the imports of a good originating in the other Party have increased as the result of the reduction or elimination of a customs duty under this Agreement, and such imports cause serious injury, or a threat thereof, to the domestic industry. The duration of any provisional measure shall not exceed 200 days, during which time the Party shall comply with the requirements of Articles 166(2) and 166(3) of this Agreement. The Party shall promptly refund any duty paid in excess of the customs duty set out in Annex XV to this Agreement if the investigation described in Article 166(2) of this Agreement does not result in a finding that the requirements of Article 165 of this Agreement have been met. The duration of any provisional measure shall be counted as part of the period prescribed in Article 166(5)(b) of this Agreement.
Article 168
Compensation
Article 169
Definitions
For the purposes of this Section:
‘serious injury’ and ‘threat of serious injury’ shall be understood in accordance with Article 4.1(a) and (b) of the Agreement on Safeguards. To that end, Article 4.1(a) and (b) of the Agreement on Safeguards is incorporated into this Agreement and made part thereof, mutatis mutandis; and
transitional period means a period of 10 years from the date of entry into force of this Agreement.
CHAPTER 3
Technical barriers to trade, standardisation, metrology, accreditation and conformity assessment
Article 170
Scope and definitions
Article 171
Affirmation of the TBT Agreement
The Parties affirm their existing rights and obligations with respect to each other under the TBT Agreement which is hereby incorporated into this Agreement and made part thereof.
Article 172
Technical cooperation
In their cooperation, the Parties shall seek to identify, develop and promote trade facilitating initiatives which may include, but are not limited to:
reinforcing regulatory cooperation through the exchange of data and experience and through scientific and technical cooperation, with a view to improving the quality of their technical regulations, standards, market surveillance, conformity assessment and accreditation, and making efficient use of regulatory resources;
promoting and encouraging cooperation between their respective organisations, public or private, responsible for metrology, standardisation, market surveillance, conformity assessment and accreditation;
fostering the development of the quality infrastructure for standardisation, metrology, accreditation, conformity assessment and the market surveillance system in the Republic of Moldova;
promoting the participation of the Republic of Moldova in the work of related European organisations;
seeking solutions to technical barriers to trade that may arise; and
coordinating their positions in international trade and regulatory organisations such as the WTO and the United Nations Economic Commission for Europe (UNECE).
Article 173
Approximation of technical regulations, standards, and conformity assessment
With a view to reaching the objectives set out in paragraph 1, the Republic of Moldova shall:
progressively incorporate the relevant Union acquis into its legislation in accordance with the provisions of Annex XVI to this Agreement; and
carry out the administrative and institutional reforms that are necessary to provide the effective and transparent system that is required for the implementation of this Chapter.
With a view to integrating its standardisation system, the Republic of Moldova shall:
progressively transpose the corpus of European Standards (EN) as national standards, including the harmonised European standards, the voluntary use of which shall give a presumption of conformity with Union legislation transposed into the legislation of the Republic of Moldova;
simultaneously with such transposition, withdraw conflicting national standards; and
progressively fulfil the conditions for full membership of the European Standards Organisations.
Article 174
Agreement on Conformity Assessment and Acceptance of Industrial Products (ACAA)
Article 175
Marking and labelling
Regarding obligatory marking or labelling in particular, the Parties agree that:
they will endeavour to minimise their needs for marking or labelling, except as required for the adoption of the Union acquis in this area and for the protection of health, safety or the environment, or for other reasonable public policy purposes; and
they retain the right to require the information on the label or marking to be in a specified language.
CHAPTER 4
Sanitary and phytosanitary measures
Article 176
Objective
The objective of this Chapter is to facilitate trade in commodities covered by sanitary and phytosanitary measures (SPS measures) between the Parties, whilst safeguarding human, animal or plant life or health, by:
ensuring full transparency as regards measures applicable to trade, listed in Annex XVII to this Agreement;
approximating the regulatory system of the Republic of Moldova to that of the Union;
recognising the animal and plant health status of the Parties and applying the principle of regionalisation;
establishing a mechanism for the recognition of equivalence of measures, maintained by a Party and listed in Annex XVII to this Agreement;
continuing to implement the SPS Agreement;
establishing mechanisms and procedures for trade facilitation; and
improving communication and cooperation between the Parties on measures listed in Annex XVII to this Agreement.
Article 177
Multilateral obligations
The Parties re-affirm their rights and obligations under the WTO Agreements, and in particular the SPS Agreement.
Article 178
Scope
This Chapter shall apply to all sanitary and phytosanitary measures of a Party that may, directly or indirectly, affect trade between the Parties, including all measures listed in Annex XVII to this Agreement.
Article 179
Definitions
For the purposes of this Chapter, the following definitions shall apply:
‘sanitary and phytosanitary measures’ (SPS measures) means measures, as defined in paragraph 1 of Annex A to the SPS Agreement;
‘animals’ means animals, as defined in the Terrestrial Animal Health Code or the Aquatic Animal Health Code of the World Organisation for Animal Health (OIE);
‘animal products’ means products of animal origin, including aquatic animal products, as defined in the Aquatic Animal Health Code of the OIE;
‘animal by-products not intended for human consumption’ means animal products as listed in Part 2 (II) of Annex XVII-A to this Agreement;
‘plants’ means living plants and specified living parts thereof, including seeds:
fruit, in the botanical sense, other than those preserved by deep freezing;
vegetables, other than those preserved by deep freezing;
tubers, corms, bulbs, rhizomes;
cut flowers;
branches with foliage;
cut trees retaining foliage;
plant tissue cultures;
leaves, foliage;
live pollen; and
bud-wood, cuttings, scions;
‘plant products’ means products of plant origin, unprocessed or having undergone simple preparation insofar as they are not plants, set out in Part 3 of Annex XVII-A to this Agreement;
‘seeds’ means seeds in the botanical sense, intended for planting;
‘pests’ or ‘harmful organisms’ means any species, strain or biotype of plant, animal or pathogenic agent injurious to plants or plant products;
‘protected zone’ for a specified regulated harmful organism means an officially defined geographical area in the Union in which that organism is not established in spite of favourable conditions and its presence in other parts of the Union;
‘animal disease’ means a clinical or pathological manifestation in animals of an infection;
‘aquaculture disease’ means clinical or non-clinical infection with one or more of the aetiological agents of the diseases referred to in the Aquatic Animal Health Code of the OIE;
‘infection in animals’ means the situation where animals maintain an infectious agent with or without the presence of clinical or pathological manifestation of an infection;
‘animal welfare standards’ means standards for the protection of animals, developed and applied by the Parties and, as appropriate, in line with the OIE standards;
‘appropriate level’ of sanitary and phytosanitary protection means the appropriate level of sanitary and phytosanitary protection as defined in paragraph 5 of Annex A to the SPS Agreement;
‘region’ means, with regard to animal health, a zone or a region as defined in the Terrestrial Animal Health Code of the OIE and, with regard, to aquaculture a zone as defined in the Aquatic Animal Health Code of the OIE. For the Union the term ‘territory’ or ‘country’ means the territory of the Union;
‘pest free area’ (PFA) means an area in which a specific pest does not occur as demonstrated by scientific evidence and in which, where appropriate, that condition is being officially maintained;
‘regionalisation’ means the concept of regionalisation as described in Article 6 of the SPS Agreement;
‘consignment’ means a number of live animals or quantity of animal products of the same type, covered by the same certificate or document, conveyed by the same means of transport, consigned by a single consignor and originating in the same exporting Party or region(s) of the Party. A consignment of animals may be composed of one or more lots. A consignment of animal products may be composed of one or more commodities or lots;
‘consignment of plants or plant products’ means a quantity of plants, plant products and/or other objects being moved from a Party to another Party and covered, when required, by a single phytosanitary certificate. A consignment may be composed of one or more commodities or lots;
‘lot’ means a number or units of a single commodity, identifiable by its homogeneity of composition and origin, and forming part of a consignment;
‘equivalence for trade purposes’ (equivalence) means the situation where the importing Party shall accept the measures listed in Annex XVII to this Agreement of the exporting Party as equivalent, even if those measures differ from its own, if the exporting party objectively demonstrates to the importing Party that its measures achieve the importing Party's appropriate level of sanitary and phytosanitary protection or acceptable level of risk;
‘sector’ means the production and trade structure for a product or category of products in a Party;
‘sub-sector’ means a well-defined and controlled part of a sector;
‘commodity’ means the products or objects being moved for trade purpose, including those referred to in points 2 to 7;
‘specific import authorisation’ means a formal prior authorisation by the competent authorities of the importing Party addressed to an individual importer as a condition for import of a single consignment or multiple consignments of a commodity from the exporting Party, within the scope of this Chapter;
‘working days’ means week days except Sunday, Saturday and public holidays in one of the Parties;
‘inspection’ means the examination of any aspect of feed, food, animal health and animal welfare in order to verify that such aspect(s) comply with the legal requirements of feed and food law and animal health and animal welfare rules;
‘plant health inspection’ means official visual examination of plants, plant products or other regulated objects to determine if pests are present and/or to determine compliance with phytosanitary regulations;
‘verification’ means checking, by examination and consideration of objective evidence, whether specified requirements have been fulfilled.
Article 180
Competent authorities
The Parties shall inform each other about the structure, organisation and division of competences of their competent authorities during the first meeting of the Sanitary and Phytosanitary Sub-Committee (SPS Sub-Committee) referred to in Article 191 of this Agreement. The Parties shall inform each other of any change of the structure, organisation and division of competences, including of the contact points, concerning such competent authorities.
Article 181
Gradual approximation
Article 182
Recognition for trade purposes of animal health and pest status and regional conditions
Recognition of status for animal diseases, infections in animals or pests
As regards animal diseases and infections in animals (including zoonosis), the following shall apply:
the importing Party shall recognise for trade purposes the animal health status of the exporting Party or its regions determined in accordance with the procedure set out in Annex XIX Part A to this Agreement, with respect to animal diseases specified in Annex XVIII-A to this Agreement;
where a Party considers that it has, for its territory or a region within its territory, a special status with respect to a specific animal disease other than a disease listed in in Annex XVIII-A to this Agreement, it may request recognition of that status in accordance with the procedure laid down in Annex XIX Part C to this Agreement. The importing Party may request guarantees in respect of imports of live animals and animal products, which are appropriate to the agreed status of the Parties;
the Parties recognise as the basis for trade between them the status of the territories or the regions, or the status in a sector or a sub-sector of the Parties related to the prevalence or the incidence of an animal disease other than a disease listed in Annex XVIII-A to this Agreement, or related to infections in animals and/or the associated risk, as appropriate, as determined by the OIE. The importing Party may request guarantees in respect of imports of live animals and animal products, which are appropriate to the defined status in accordance with the recommendations of the OIE; and
without prejudice to Articles 184, 186 and 190 of this Agreement, and unless the importing Party raises an explicit objection and requests supporting or additional information, consultations and/or verification, each Party shall take without undue delay the necessary legislative and administrative measures to allow trade on the basis of points (a), (b) and (c) of this paragraph.
As regards pests, the following shall apply:
the Parties recognise for trade purposes the pest status in respect of pests specified in Annex XVIII-B to this Agreement as determined in Annex XIX-B to this Agreement; and
without prejudice to Articles 184, 186 and 190 of this Agreement, and unless the importing Party raises an explicit objection and requests supporting or additional information, consultations and/or verification, each Party shall take without undue delay the necessary legislative and administrative measures to allow trade on the basis of point (a) of this paragraph.
Recognition of regionalisation/zoning, pest free areas (PFAs) and protected zones (PZs)
The consultations referred to in the first subparagraph of this paragraph shall take place in accordance with Article 185(3) of this Agreement. The importing Party shall assess the additional information within 15 working days following receipt of the additional information. The verification referred to in the first subparagraph of this paragraph shall be carried out in accordance with Article 188 of this Agreement within 25 working days following receipt of the request for verification.
The consultations referred to in the first subparagraph of this paragraph shall take place in accordance with Article 185(3) of this Agreement. The importing Party shall assess the additional information within three months following receipt of the additional information. The verification referred to in the first subparagraph of this paragraph shall be carried out in accordance with Article 188 of this Agreement within 12 months following receipt of the request for verification, taking into account the biology of the pest and the crop concerned.
Compartmentalisation
Article 183
Recognition of equivalence
Equivalence may be recognised in relation to:
an individual measure;
a group of measures; or
a system applicable to a sector, sub-sector, commodities or a group of commodities.
The importing Party may withdraw or suspend equivalence on the basis of any amendment by one of the Parties of measures affecting equivalence, provided that the following procedure is followed:
in accordance with the provisions of Article 184(2) of this Agreement, the exporting Party shall inform the importing Party of any proposal for amendment of its measures for which equivalence of measures is recognised and the likely effect of the proposed measures on the equivalence which has been recognised. Within one month following the receipt of that information, the importing Party shall inform the exporting Party whether or not equivalence would continue to be recognised on the basis of the proposed measures;
in accordance with the provisions of Article 184(2) of this Agreement, the importing Party shall inform the exporting Party of any proposal for amendment of its measures on which recognition of equivalence has been based and the likely effect of the proposed measures on the equivalence which has been recognised. Should the importing Party not continue to recognise equivalence, the Parties may agree on the conditions to re-initiate the process referred to in paragraph 3 of this Article on the basis of the proposed measures.
The status of the equivalence shall be listed in Annex XXV to this Agreement.
Article 184
Transparency and exchange of information
The necessary level of cooperation should be reached in order to facilitate transmission of legislative documents upon request of one of the Parties.
To that effect, each Party shall notify, without delay, the other Party of its contact points, including any changes to those contact points.
Article 185
Notification, consultation and facilitation of communication
Each Party shall notify the other Party in writing within two working days of any serious or significant human, animal or plant health risk, including any food control emergencies or situations where there is a clearly identified risk of serious health effects associated with the consumption of animal or plant products, in particular:
any measures affecting the regionalisation decisions referred to in Article 182 of this Agreement;
the presence or evolution of any animal disease listed in Annex XVIII-A to this Agreement or of the regulated pests listed in Annex XVIII-B to this Agreement;
findings of epidemiological importance or important associated risks with respect to animal diseases and pests which are not listed in Annexes XVIII-A and XVIII-B to this Agreement or which are new animal diseases or pests; and
any additional measures beyond the basic requirements to their respective measures taken by the Parties to control or eradicate animal diseases or pests or protect public or plant health and any changes in prophylactic policies, including vaccination policies.
Notification in writing means notification by mail, fax or e-mail. Notifications shall only be sent between the contact points referred to in Article 184(3) of this Agreement.
Article 186
Trade conditions
General import conditions:
The Parties agree to subject imports of any commodity covered by Annexes XVII-A and XVII-C(2) and (3) to this Agreement to general import conditions. Without prejudice to the decisions taken in accordance with Article 182 of this Agreement, the import conditions of the importing Party shall be applicable to the total territory of the exporting Party. Upon entry into force of this Agreement and in accordance with the provisions of Article 184 of this Agreement, the importing Party shall inform the exporting Party of its sanitary and/or phytosanitary import requirements for commodities referred to in Annexes XVII-A and XVII-C to this Agreement. That information shall include, as appropriate, the models for the official certificates or declarations or commercial documents, as prescribed by the importing Party.
Any amendment or proposed amendment of the conditions referred to in paragraph 1(a) of this Article shall comply with the relevant notification procedures of the SPS Agreement whether or not they refer to measures covered by the SPS Agreement.
Without prejudice to the provisions of Article 190 of this Agreement, the importing Party shall take into account the transport time between the Parties to establish the date of entry into force of the amended conditions referred to in paragraph 1(a) of this Article; and
If the importing Party fails to comply with those notification requirements, it shall continue to accept the certificate or the attestation guaranteeing the previously applicable conditions until 30 days after the amended import conditions enter into force.
Import conditions after recognition of equivalence:
Within 90 days following the date of adoption of the decision on recognition of equivalence, the Parties shall take the necessary legislative and administrative measures to implement the recognition of equivalence in order to allow, on that basis, trade between them of the commodities referred to in Annexes XVII-A and XVII-C(2) and (3) to this Agreement. For those commodities, the model for the official certificate or official document required by the importing Party may, then, be replaced by a certificate drawn up as provided for in Annex XXIII-B to this Agreement.
For commodities in sectors or sub-sectors for which not all measures are recognised as equivalent, trade shall continue on the basis of compliance with the conditions referred to in paragraph 1(a) of this Article. Upon request of the exporting Party, the provisions of paragraph 5 of this Article shall apply.
List of establishments, conditional approval:
For the import of animal products referred to in Part 2 of Annex XVII-A to this Agreement, upon request of the exporting Party accompanied by the appropriate guarantees, the importing Party shall provisionally approve the processing establishments referred to in paragraph 2 of Annex XX to this Agreement which are situated in the territory of the exporting Party, without prior inspection of individual establishments. Such approval shall be consistent with the conditions and provisions set out in Annex XX to this Agreement. Except when additional information is requested, the importing Party shall take the necessary legislative and/or administrative measures to allow import on that basis within one month following the date of receipt of the request and the relevant guarantees by the importing Party.
The initial list of establishments shall be approved in accordance with the provisions of Annex XX to this Agreement.
For the import of animal products referred to in paragraph 2(a) of this Article, the exporting Party shall inform the importing Party of its list of establishments meeting the importing Party's requirements.
Article 187
Certification procedure
Article 188
Verification
In order to maintain confidence in the effective implementation of the provisions of this Chapter each Party has the right:
to carry out verification of all or part of the inspection and certification system of the other Party's authorities, and/or of other measures, where applicable, in accordance with the relevant international standards, guidelines and recommendations of Codex Alimentarius, OIE and IPPC; and
to receive information from the other Party about its control system and be informed of the results of the controls carried out under that system.
Article 189
Import checks and inspection fees
From that date onwards, the Parties may reciprocally approve each other's controls for certain commodities and consequently reduce or replace the import checks for those commodities.
Article 190
Safeguard measures
Article 191
Sanitary and Phytosanitary Sub-Committee
The SPS Sub-Committee shall have the following functions:
to consider any matter relating to this Chapter;
to monitor the implementation of this Chapter and examine all matters which may arise in relation to its implementation;
to review Annexes XVII to XXV to this Agreement, notably in the light of progress made under the consultations and procedures provided for under this Chapter;
to modify, by means of a decision, Annexes XVII to XXV to this Agreement in the light of the review provided for in point (c) of this paragraph, or as otherwise provided in this Chapter; and
to give opinions and make recommendations to other bodies as defined in Title VII (Institutional, General and Final Provisions) of this Agreement in the light of the review provided for in point (c) of this paragraph.
CHAPTER 5
Customs and trade facilitation
Article 192
Objectives
Article 193
Legislation and procedures
The Parties agree that their respective trade and customs legislation, as a matter of principle, shall be stable and comprehensive, and that the provisions and the procedures shall be proportionate, transparent, predictable, non-discriminatory, impartial and applied uniformly and effectively and shall inter alia:
protect and facilitate legitimate trade through effective enforcement of, and compliance with, legislative requirements;
avoid unnecessary or discriminatory burdens on economic operators, prevent fraud and provide further facilitation for economic operators having a high level of compliance;
apply a Single Administrative Document (SAD) for the purposes of customs declarations;
take measures which lead to greater efficiency, transparency and simplification of customs procedures and practices at the border;
apply modern customs techniques, including risk assessment, post clearance controls and company audit methods, in order to simplify and facilitate the entry and the release of goods;
aim at reducing costs and increasing predictability for economic operators, including small and medium-sized enterprises;
without prejudice to the application of objective risk-assessment criteria, ensure the non-discriminatory administration of requirements and procedures applicable to imports, exports and goods in transit;
apply the international instruments applicable in the field of customs and trade, including those developed by the World Customs Organisation (WCO) (the Framework of Standards to Secure and Facilitate Global Trade), the WTO (the Agreement on Customs Valuation), the Istanbul Convention on Temporary Admission of 1990, the International Convention on the Harmonised Commodity Description and Coding System of 1983, the UN TIR Convention of 1975, the 1982 International Convention on the Harmonisation of Frontier Controls of Goods, as well as European Commission guidelines such as the customs blueprints;
take the necessary measures to reflect and implement the provisions of the Revised Kyoto Convention on the Simplification and Harmonisation of Customs Procedures of 1973;
provide for advance binding rulings on tariff classification and rules of origin. The Parties ensure that a ruling may be revoked or annulled only after notification to the affected operator and without retroactive effect, unless the rulings have been made on the basis of incorrect or incomplete information;
introduce and apply simplified procedures for authorised traders according to objective and non-discriminatory criteria;
set rules that ensure that any penalties imposed for the breaches of customs regulations or procedural requirements be proportionate and non-discriminatory and that their application does not result in unwarranted and unjustified delays; and
apply transparent, non-discriminatory and proportionate rules in respect of the licensing of customs brokers.
In order to improve working methods, as well as to ensure non-discrimination, transparency, efficiency, integrity and accountability of operations, the Parties shall:
take further steps towards the reduction, the simplification and the standardisation of data and documentation required by customs and other authorities;
simplify requirements and formalities, wherever possible, with respect to the rapid release and clearance of goods;
provide effective, prompt and non-discriminatory procedures guaranteeing the right of appeal against customs and other authorities' administrative actions, rulings and decisions affecting the goods submitted to customs. Such procedures for appeal shall be easily accessible, including to small or medium-sized enterprises, and any costs shall be reasonable and commensurate with the costs incurred by the authorities to ensure the right of appeal;
take steps to ensure that where a disputed administrative action, ruling or decision is the subject of an appeal, goods should normally be released and duty payments may be left pending, subject to any safeguard measures judged necessary. Where required, the release of the goods should be subject to the provision of a guarantee, such as a surety or a deposit; and
ensure that the highest standards of integrity be maintained, in particular at the border, through the application of measures reflecting the principles of the relevant international conventions and instruments in this field, in particular the WCO Revised Arusha Declaration of 2003 and the European Commission blueprint of 2007.
The Parties will not apply:
any requirements for the mandatory use of customs brokers; and
any requirements for the mandatory use of pre-shipment or destination inspections.
The Parties shall pursue the progressive interconnectivity of their respective customs transit systems, with a view to the future accession of the Republic of Moldova to the Convention on a common transit procedure of 1987.
The Parties shall ensure cooperation and coordination between all authorities concerned in their territories in order to facilitate traffic in transit. Parties shall also promote cooperation between the authorities and the private sector in relation to transit.
Article 194
Relations with the business community
The Parties agree:
to ensure that their respective legislation and procedures are transparent and publicly available, as far as possible through electronic means, and contain a justification for their adoption. There should be a reasonable time period between the publication of new or amended provisions and their entry into force;
on the need for timely and regular consultations with trade representatives on legislative proposals and procedures related to customs and trade issues. To that end, appropriate and regular consultation mechanisms between the administration and the business community shall be established by each Party;
to make publicly available, as far as possible through electronic means, relevant notices of an administrative nature, including authorities' requirements and entry or exit procedures, hours of operation and operating procedures for customs offices at ports and border crossing points, and points of contact for information enquiries;
to foster cooperation between operators and relevant administrations using non-arbitrary and publicly accessible procedures such as Memoranda of Understanding, based, in particular, on those promulgated by the WCO; and
to ensure that their respective customs and customs-related requirements and procedures continue to meet the legitimate needs of the trading community, follow best practices, and remain the least trade-restrictive possible.
Article 195
Fees and charges
With regard to all fees and charges of whatever character imposed by the customs authorities of each Party, including fees and charges for tasks undertaken on behalf of the said authorities, upon or in connection with import or export and without prejudice to the relevant Articles in Chapter 1 (National Treatment and Market Access for Goods) of Title V (Trade and Trade-related Matters) of this Agreement, the Parties agree that:
fees and charges may only be imposed for services provided at the request of the declarant outside normal working conditions, hours of operation and in places other than those referred to in the customs regulations, as well as for any formality related to such services and required for undertaking such import or export;
fees and charges shall not exceed the cost of the service provided;
fees and charges shall not be calculated on an ad valorem basis;
the information on the fees and charges shall be published via an officially designated medium and, where feasible and possible, on an official website. That information shall include the reason for the fee or charge for the service provided, the responsible authority, the fees and charges that will be applied, and when and how payment is to be made; and
new or amended fees and charges shall not be imposed until information on them is published and made readily available.
Article 196
Customs valuation
Article 197
Customs cooperation
The Parties shall strengthen cooperation in the area of customs to ensure implementation of the objectives of this Chapter in order to further trade facilitation, while ensuring effective control, security and prevention of fraud. To that end, the Parties will use, where appropriate, the European Commission Customs Blueprints of 2007 as a benchmarking tool.
In order to ensure compliance with the provisions of this Chapter the Parties shall, inter alia:
exchange information concerning customs legislation and procedures;
develop joint initiatives relating to import, export and transit procedures, as well as work towards ensuring that an effective service is provided to the business community;
cooperate on the automation of customs and other trade procedures;
exchange, where appropriate, information and data subject to respect of the confidentiality of data and standards and regulations on protection of personal data;
cooperate in preventing and combating illicit cross-border traffic in goods, including in tobacco products;
exchange information or enter into consultations with a view to establishing, where possible, common positions in international organisations in the field of customs such as the WTO, the WCO, the UN, the United Nations Conference on Trade and Development (Unctad) and the UNECE;
cooperate in the planning and delivery of technical assistance, notably to facilitate customs and trade facilitation reforms in line with the relevant provisions of this Agreement;
exchange best practices in customs operations, in particular on intellectual property rights enforcement, especially in relation to counterfeit products;
promote coordination between all border authorities of the Parties to facilitate the border crossing process and enhance control, taking into account joint border controls, where feasible and appropriate; and
establish, where relevant and appropriate, mutual recognition of trade partnership programmes and customs controls, including equivalent trade facilitation measures.
Article 198
Mutual administrative assistance in customs matters
Without prejudice to other forms of cooperation envisaged in this Agreement, in particular in Article 197 of this Agreement, the Parties shall provide each other with mutual administrative assistance in customs matters in accordance with the provisions of Protocol III on Mutual Administrative Assistance in Customs Matters to this Agreement.
Article 199
Technical assistance and capacity building
The Parties shall cooperate with a view to providing technical assistance and capacity building for the implementation of trade facilitation and customs reforms.
Article 200
Customs Sub-Committee
The Customs Sub-Committee shall inter-alia:
see to the proper functioning of this Chapter and of Protocols II and III to this Agreement;
adopt practical arrangements, measures and decisions to implement this Chapter and Protocols II and III to this Agreement, including on exchange of information and data, mutual recognition of customs controls and trade partnership programmes, and mutually agreed benefits;
exchange views on any points of common interest, including future measures and the resources needed for their implementation and application;
make recommendations where appropriate; and
adopt its internal rules of procedure.
Article 201
Approximation of customs legislation
Gradual approximation to the Union's customs law and certain international law shall be carried out as set out in Annex XXVI to this Agreement.
CHAPTER 6
Establishment, trade in services and electronic commerce
Article 202
Objective, scope and coverage
Article 203
Definitions
For the purposes of this Chapter:
‘measure’ means any measure by a Party, whether in the form of a law, regulation, rule, procedure, decision, administrative action, or any other form;
‘measures adopted or maintained by a Party’ means measures taken by:
central, regional or local governments and authorities; and
non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities;
‘natural person of a Party’ means a national of an EU Member State or a national of the Republic of Moldova according to respective legislation;
‘juridical person’ means any legal entity duly constituted or otherwise organised under applicable law, whether for profit or otherwise, and whether privately-owned or governmentally-owned, including any corporation, trust, partnership, joint venture, sole proprietorship or association;
‘juridical person of the Union’ or ‘juridical person of the Republic of Moldova’ means a juridical person as defined in point 4 set up in accordance with the law of a Member State or of the Republic of Moldova, respectively, and having its registered office, central administration, or principal place of business in the territory to which the Treaty on the Functioning of the European Union applies ( 3 ) or in the territory of the Republic of Moldova, respectively.
Should that juridical person have only its registered office or central administration in the territory to which the Treaty on the Functioning of the European Union applies or in the territory of the Republic of Moldova, respectively, it shall not be considered as a juridical person of the Union or a juridical person of the Republic of Moldova respectively, unless its operations possess a real and continuous link with the economy of the Union or of the Republic of Moldova, respectively.
Notwithstanding the preceding paragraph, shipping companies established outside the Union or the Republic of Moldova and controlled by nationals of a Member State or of the Republic of Moldova, respectively, shall also be beneficiaries of the provisions of this Agreement if their vessels are registered in accordance with their respective legislation in that Member State or in the Republic of Moldova and fly the flag of a Member State or of the Republic of Moldova;
‘subsidiary’ of a juridical person of a Party means a legal person which is effectively controlled by another juridical person of that Party ( 4 );
‘branch’ of a juridical person means a place of business not having legal personality which has the appearance of permanency, such as the extension of a parent body, has a management structure and is materially equipped to negotiate business with third parties so that the latter, although knowing that there will if necessary be a legal link with the parent body, the head office of which is abroad, do not have to deal directly with such parent body but may transact business at the place of business constituting the extension;
‘establishment’ means:
as regards juridical persons of the Union or of the Republic of Moldova, the right to take up and pursue economic activities by means of setting up, including the acquisition of, a juridical person and/or to create a branch or a representative office in the Union or in the Republic of Moldova respectively;
as regards natural persons, the right of natural persons of the Union or of the Republic of Moldova to take up and pursue economic activities as self-employed persons and to set up undertakings, in particular companies, which they effectively control;
‘economic activities’ shall include activities of an industrial, commercial and professional character and activities of craftsmen and do not include activities performed in the exercise of governmental authority;
‘operations’ means the pursuit of economic activities;
‘services’ includes any service in any sector except services supplied in the exercise of governmental authority;
‘services and other activities performed in the exercise of governmental authority’ means services or activities which are performed neither on a commercial basis nor in competition with one or more economic operators;
‘cross-border supply of services’ means the supply of a service:
from the territory of a Party into the territory of the other Party (Mode 1); or
in the territory of a Party to the service consumer of the other Party (Mode 2);
‘service supplier’ of a Party means any natural or juridical person of a Party that seeks to supply or supplies a service;
‘entrepreneur’ means any natural or juridical person of a Party that seeks to perform or performs an economic activity through setting up an establishment.
Article 204
Scope
This Section applies to measures adopted or maintained by the Parties affecting establishment in all economic activities with the exception of:
mining, manufacturing and processing ( 5 ) of nuclear materials;
production of, or trade in, arms, munitions and war materiel;
audiovisual services;
national maritime cabotage ( 6 ); and
domestic and international air transport services ( 7 ), whether scheduled or non-scheduled, and services directly related to the exercise of traffic rights, other than:
aircraft repair and maintenance services during which an aircraft is withdrawn from service;
the selling and marketing of air transport services;
computer reservation system (CRS) services;
ground-handling services;
airport operation services.
Article 205
National treatment and most-favoured-nation treatment
Subject to reservations listed in Annex XXVII-E to this Agreement, the Republic of Moldova shall grant, upon entry into force of this Agreement:
as regards the establishment of subsidiaries, branches and representative offices of juridical persons of the Union, treatment no less favourable than that accorded by the Republic of Moldova to its own juridical persons, their branches and representative offices, or to subsidiaries, branches and representative offices of any third country's juridical persons, whichever is better;
as regards the operation of subsidiaries, branches and representative offices of juridical persons of the Union in the Republic of Moldova, once established, treatment no less favourable than that accorded by the Republic of Moldova to its own juridical persons, their branches and representative offices, or to subsidiaries, branches and representative offices of any third country's juridical persons, whichever is better. ( 8 )
Subject to reservations listed in Annex XXVII-A to this Agreement, the Union shall grant, upon entry into force of this Agreement:
as regards the establishment of subsidiaries, branches and representative offices of juridical persons of the Republic of Moldova, treatment no less favourable than that accorded by the Union to its own juridical persons, their branches and representative offices, or to subsidiaries, branches and representative offices of any third country's juridical persons, whichever is better;
as regards the operation of subsidiaries, branches and representative offices of juridical persons of the Republic of Moldova in the Union, once established, treatment no less favourable than that accorded by the Union to its own juridical persons, their branches and representative offices, or to subsidiaries, branches and representative offices of any third country's juridical persons, whichever is better. ( 9 )
Article 206
Review
Article 207
Other agreements
Nothing in this Chapter shall be construed to limit the rights of entrepreneurs of the Parties to benefit from any more favourable treatment provided for in any existing or future international agreement relating to investment to which a Member State and the Republic of Moldova are parties.
Article 208
Standard of treatment for branches and representative offices
Article 209
Scope
This Section applies to measures of the Parties affecting the cross-border supply of all services sectors with the exception of:
audiovisual services;
national maritime cabotage ( 11 ); and
domestic and international air transport services ( 12 ), whether scheduled or non-scheduled, and services directly related to the exercise of traffic rights other than:
aircraft repair and maintenance services during which an aircraft is withdrawn from service;
the selling and marketing of air transport services;
computer reservation system (CRS) services;
ground-handling services;
airport operation services.
Article 210
Market access
In sectors where market access commitments are undertaken, the measures which a Party shall not maintain or adopt, either on the basis of a regional subdivision or on the basis of its entire territory, unless otherwise specified in Annexes XXVII-B and XXVII-F to this Agreement, are defined as:
limitations on the number of services suppliers whether in the form of numerical quotas, monopolies, exclusive service suppliers or the requirement of an economic needs test;
limitations on the total value of service transactions or assets in the form of numerical quotas or the requirement of an economic needs test;
limitations on the total number of service operations or on the total quantity of service output expressed in the terms of designated numerical units in the form of quotas or the requirement of an economic needs test.
Article 211
National treatment
Article 212
Lists of commitments
Article 213
Review
With a view to the progressive liberalisation of the cross-border supply of services between the Parties, the Association Committee in Trade configuration, as set out in Article 438(4) of this Agreement, shall regularly review the list of commitments referred to in Article 212 of this Agreement. This review shall take into account, inter alia, the process of gradual approximation, referred to in Articles 230, 240, 249 and 253 of this Agreement, and its impact on the elimination of remaining obstacles to cross-border supply of services between the Parties.
Article 214
Scope and definitions
For the purposes of this Section:
‘key personnel’ means natural persons employed within a juridical person of one Party other than a non-profit organisation ( 13 ) and who are responsible for the setting up or the proper control, administration and operation of an establishment. ‘Key personnel’ comprises ‘business visitors’ for establishment purposes and ‘intra-corporate transferees’:
‘business visitors’ for establishment purposes means natural persons working in a senior position who are responsible for setting up an establishment. They do not offer or provide services or engage in any economic activity other than that required for establishment purposes. They do not receive remuneration from a source located within the host Party;
‘intra-corporate transferees’ means natural persons who have been employed by a juridical person or have been partners in it for at least one year and who are temporarily transferred to an establishment that may be a subsidiary, branch or head company of the enterprise/juridical person in the territory of the other Party. The natural person concerned shall belong to one of the following categories:
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(1) |
managers : persons working in a senior position within a juridical person, who primarily direct the management of the establishment, receiving general supervision or direction principally from the board of directors or from stockholders of the business or their equivalent, including at least:
—
directing the establishment or a department or sub-division thereof;
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supervising and controlling the work of other supervisory, professional or managerial employees; and
—
having the authority personally to recruit and dismiss or recommend recruiting, dismissing or other personnel actions;
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(2) |
specialists : persons working within a juridical person who possess uncommon knowledge essential to the establishment's production, research equipment, techniques, processes, procedures or management. In assessing such knowledge, account will be taken not only of knowledge specific to the establishment, but also of whether the person has a high level of qualification referring to a type of work or trade requiring specific technical knowledge, including membership of an accredited profession; |
‘graduate trainees’ means natural persons who have been employed by a juridical person of one Party or its branch for at least one year, possess a university degree and are temporarily transferred to an establishment of the juridical person in the territory of the other Party, for career development purposes or to obtain training in business techniques or methods ( 14 );
‘business sellers’ ( 15 ) means natural persons who are representatives of a services or goods supplier of one Party seeking entry and temporary stay in the territory of the other Party for the purpose of negotiating the sale of services or goods, or entering into agreements to sell services or goods for that supplier. They do not engage in making direct sales to the general public and do not receive remuneration from a source located within the host Party, nor are they commission agents;
‘contractual services suppliers’ means natural persons employed by a juridical person of one Party which itself is not an agency for placement and supply services of personnel nor acting through such an agency, has no establishment in the territory of the other Party and has concluded a bona fide contract to supply services with a final consumer in the latter Party, requiring the presence on a temporary basis of its employees in that Party, in order to fulfil the contract to provide services ( 16 );
‘independent professionals’ means natural persons engaged in the supply of a service and established as self-employed in the territory of a Party who have no establishment in the territory of the other Party and who have concluded a bona fide contract (other than through an agency for placement and supply services of personnel) to supply services with a final consumer in the latter Party, requiring their presence on a temporary basis in that Party in order to fulfil the contract to provide services ( 17 );
‘qualifications’ means diplomas, certificates and other evidence (of formal qualification) issued by an authority designated pursuant to legislative, regulatory or administrative provisions and certifying successful completion of professional training.
Article 215
Key personnel and graduate trainees
Article 216
Business sellers
For every sector committed in accordance with Section 2 (Establishment) or Section 3 (Cross-border Supply of Services) of this Chapter and subject to any reservations listed in Annexes XXVII-A and XXVII-E, and XXVII-B and XXVII-F to this Agreement, each Party shall allow the entry and temporary stay of business sellers for a period of up to 90 days in any 12 month period.
Article 217
Contractual service suppliers
In accordance with Annexes XXVII-D and XXVII-H to this Agreement, each Party shall allow the supply of services into their territory by contractual services suppliers of the other Party, subject to the conditions specified in paragraph 3 of this Article.
The commitments undertaken by the Parties are subject to the following conditions:
the natural persons must be engaged in the supply of a service on a temporary basis as employees of a juridical person, which has obtained a service contract not exceeding 12 months;
the natural persons entering the other Party should be offering such services as employees of the juridical person supplying the services for at least the year immediately preceding the date of submission of an application for entry into the other Party. In addition, the natural persons shall possess, at the date of submission of an application for entry into the other Party, at least three years professional experience ( 18 ) in the sector of activity which is the subject of the contract;
the natural persons entering the other Party shall possess:
a university degree or a qualification demonstrating knowledge of an equivalent level ( 19 ); and
professional qualifications where this is required to exercise an activity pursuant to the laws, regulations or legal requirements of the Party where the service is supplied;
the natural person shall not receive remuneration for the provision of services in the territory of the other Party other than the remuneration paid by the juridical person employing the natural person;
the entry and temporary stay of natural persons within the Party concerned shall be for a cumulative period of not more than six months or, in the case of Luxembourg, 25 weeks in any 12 month period or for the duration of the contract, whichever is less;
access accorded under the provisions of this Article relates only to the service activity which is the subject of the contract and does not confer entitlement to exercise the professional title of the Party where the service is provided; and
the number of persons covered by the service contract shall not be larger than necessary to fulfil the contract, as it may be requested by the laws, regulations or other legal requirements of the Party where the service is supplied.
Article 218
Independent professionals
The commitments undertaken by the Parties are subject to the following conditions:
the natural persons must be engaged in the supply of a service on a temporary basis as self-employed persons established in the other Party and must have obtained a service contract for a period not exceeding 12 months;
the natural persons entering the other Party must possess, at the date of submission of an application for entry into the other Party, at least six years professional experience in the sector of activity which is the subject of the contract;
the natural persons entering the other Party must possess:
a university degree or a qualification demonstrating knowledge of an equivalent level ( 20 ); and
professional qualifications where this is required to exercise an activity pursuant to the law, regulations or other legal requirements of the Party where the service is supplied;
the entry and temporary stay of natural persons within the Party concerned shall be for a cumulative period of not more than six months or, in the case of Luxembourg, twenty-five weeks in any 12 month period or for the duration of the contract, whichever is less; and
access accorded under the provisions of this Article relates only to the service activity which is the subject of the contract and does not confer entitlement to exercise the professional title of the Party where the service is provided.
Article 219
Scope and Definitions
The following disciplines apply to measures by the Parties relating to licencing requirements and procedures, qualification requirements and procedures that affect:
cross-border supply of services;
establishment in their territory of juridical and natural persons defined in Article 203(8) of this Agreement;
temporary stay in their territory of categories of natural persons as defined in Article 214(2)(a) to (e) of this Agreement.
For the purposes of this Section:
‘licencing requirements’ means substantive requirements, other than qualification requirements, with which a natural or a juridical person is required to comply in order to obtain, amend or renew authorisation to carry out the activities as defined in paragraph 1(a) to (c);
‘licencing procedures’ means administrative or procedural rules that a natural or a juridical person, seeking authorisation to carry out the activities as defined in paragraph 1(a) to (c), including the amendment or renewal of a licence, is required to adhere to in order to demonstrate compliance with licencing requirements;
‘qualification requirements’ means substantive requirements relating to the competence of a natural person to supply a service, and which are required to be demonstrated for the purpose of obtaining authorisation to supply a service;
‘qualification procedures’ means administrative or procedural rules that a natural person must adhere to in order to demonstrate compliance with qualification requirements, for the purpose of obtaining authorisation to supply a service; and
‘competent authority’ means any central, regional or local government or authority or non-governmental body in the exercise of powers delegated by central, regional or local governments or authorities, which takes a decision concerning the authorisation to supply a service, including through establishment or concerning the authorisation to establish in an economic activity other than services.
Article 220
Conditions for licencing and qualification
The criteria referred to in paragraph 1 shall be:
proportionate to a public policy objective;
clear and unambiguous;
objective;
pre-established;
made public in advance; and
transparent and accessible.
Article 221
Licencing and qualification procedures
Article 222
Mutual recognition
On receipt of a recommendation referred to in paragraph 2, the Association Committee in Trade configuration shall, within a reasonable time, review that recommendation with a view to determining whether it is consistent with this Agreement and, on the basis of the information in the recommendation, assess in particular:
the extent to which the standards and criteria applied by each Party for the authorisation, licences, operation and certification of services providers and entrepreneurs are converging; and
the potential economic value of a Mutual Recognition Agreement.
Article 223
Transparency and disclosure of confidential information
Article 224
Understanding on computer services
CPC ( 22 ) 84, the UN code used for describing computer and related services, covers the basic functions used to provide all computer and related services:
computer programmes defined as the sets of instructions required to make computers work and communicate (including their development and implementation);
data processing and storage; and
related services, such as consultancy and training services for staff of clients.
Technological developments have led to the increased offering of those services as a bundle or package of related services that can include some or all of those basic functions. For example, services such as web or domain hosting, data mining services and grid computing each consist of a combination of basic computer services functions.
Computer and related services, regardless of whether they are delivered via a network, including the internet, include all services that provide:
consulting, strategy, analysis, planning, specification, design, development, installation, implementation, integration, testing, debugging, updating, support, technical assistance, or management of or for computers or computer systems;
computer programmes, defined as the sets of instructions required to make computers work and communicate (in and of themselves), and consulting, strategy, analysis, planning, specification, design, development, installation, implementation, integration, testing, debugging, updating, adaptation, maintenance, support, technical assistance, management or use of or for computer programmes;
data processing, data storage, data hosting or database services;
maintenance and repair services for office machinery and equipment, including computers; or
training services for staff of clients, related to computer programmes, computers or computer systems, and not elsewhere classified.
Article 225
Scope and definitions
For the purposes of this Sub-Section and of Section 2 (Establishment), Section 3 (Cross-border Supply of Services) and Section 4 (Temporary Presence of Natural Persons for Business Purposes) of this Chapter:
a ‘licence’ means an authorisation, granted to an individual supplier by a regulatory authority, which is required before supplying a given service;
‘universal service’ means the permanent provision of a postal service of specified quality at all points in the territory of a Party at affordable prices for all users.
Article 226
Prevention of anti-competitive practices in the postal and courier sector
Appropriate measures shall be maintained or introduced for the purpose of preventing suppliers who, alone or together, have the ability to affect materially the terms of participation (having regard to price and supply) in the relevant market for postal and courier services as a result of use of their position in the market, from engaging in or continuing anti-competitive practices.
Article 227
Universal service
Each Party has the right to define the kind of universal service obligation it wishes to maintain. Such obligations will not be regarded as anti-competitive per se, provided they are administered in a transparent, non-discriminatory and competitively neutral manner and are not more burdensome than necessary for the kind of universal service defined by the Party.
Article 228
Licences
Where a licence is required, the following shall be made publicly available:
all the licensing criteria and the period of time normally required to reach a decision concerning an application for a licence; and
the terms and conditions of licences.
Article 229
Independence of the regulatory body
The regulatory body shall be legally separate from, and not accountable to, any supplier of postal and courier services. The decisions of and the procedures used by the regulatory body shall be impartial with respect to all market participants.
Article 230
Gradual approximation
Each Party recognises the importance of the gradual approximation of the Republic of Moldova's existing and future legislation to the list of the Union acquis set out in Annex XXVIII-C to this Agreement.
Article 231
Scope and definitions
For the purposes of this Sub-Section and Section 2 (Establishment), Section 3 (Cross-border Supply of Services), and Section 4 (Temporary Presence of Natural Persons for Business Purposes) of this Chapter:
‘electronic communication services’ means all services which consist wholly or mainly in the conveyance of signals on electronic communication networks, including telecommunication services and transmission services in networks used for broadcasting. Those services exclude services providing, or exercising editorial control over, content transmitted using electronic communication networks and services;
‘public communication network’ means an electronic communication network used wholly or mainly for the provision of publicly available electronic communication services;
‘electronic communication network’ means transmission systems and, where applicable, switching or routing equipment and other resources which permit the conveyance of signals by wire, by radio or by optical or other electromagnetic means, including satellite networks, fixed (circuit- and packet-switched, including internet) and mobile terrestrial networks, electricity cable systems, to the extent that they are used for the purpose of transmitting signals, networks used for radio and television broadcasting, and cable television networks, irrespective of the type of information conveyed;
a ‘regulatory authority’ in the electronic communication sector means the body or bodies charged with the regulation of electronic communication referred to in this Chapter;
a services supplier shall be deemed to have ‘significant market power’ if, either individually or jointly with others, it enjoys a position equivalent to dominance, that is, a position of economic strength affording it the power to behave to an appreciable extent independently of competitors, customers and ultimately consumers;
‘interconnection’ means the physical and logical linking of public communication networks used by the same or a different supplier in order to allow the users of one services supplier to communicate with users of the same or another services supplier, or to access services provided by another services supplier. Services may be provided by the Parties involved or other parties who have access to the network. Interconnection is a specific type of access implemented between public network operators;
‘universal service’ means the set of services of specified quality that is made available to all users in the territory of a Party regardless of their geographical location and at an affordable price. Its scope and implementation are decided by each Party;
‘access’ means the making available of facilities and/or services to another services supplier under defined conditions, on either an exclusive or non-exclusive basis, for the purpose of providing electronic communication services. It covers, inter alia, access to network elements and associated facilities, which may involve the connection of equipment, by fixed or non-fixed means (this includes, in particular, access to the local loop and to facilities and services necessary to provide services over the local loop); access to physical infrastructure including buildings, ducts, and masts; access to relevant software systems including operational support systems; access to numbering translation or systems offering equivalent functionality; access to fixed and mobile networks, in particular for roaming; access to conditional access systems for digital televisions services; and access to virtual network services;
‘end-user’ means a user not providing public communication networks or publicly available electronic communication services;
‘local loop’ means the physical circuit connecting the network termination point at the subscriber's premises to the main distribution frame or equivalent facility in the fixed public communication network.
Article 232
Regulatory authority
Article 233
Authorisation to provide electronic communication services
Each Party shall ensure that where a licence is required:
all the licensing criteria and a reasonable period of time normally required to reach a decision concerning an application for a licence shall be made publicly available;
the reasons for the denial of a licence shall be made known in writing to the applicant upon request;
the applicant shall be able to seek recourse before an appeal body in case a licence is unduly denied; and
licence fees ( 23 ) required by any Party for granting a licence shall not exceed the administrative costs normally incurred in the management, control and enforcement of the applicable licences. Licence fees for the use of radio spectrum and numbering resources are not subject to the requirements of this paragraph.
Article 234
Access and interconnection
Each Party shall ensure that upon the finding in accordance with Article 232 of this Agreement that a relevant market is not effectively competitive, the regulatory authority shall have the power to impose on the supplier designated as having significant market power one or more of the following obligations in relation to interconnection and/or access:
obligation on non-discrimination to ensure that the operator applies equivalent conditions in equivalent circumstances to other suppliers providing equivalent services, and provides services and information to others under the same conditions and of the same quality as it provides for its own services or those of its subsidiaries or partners;
obligation of a vertically integrated company to make transparent its wholesale prices and its internal transfer prices, where there is a requirement for non-discrimination or for prevention of unfair cross-subsidy. The regulatory authority may specify the format and accounting methodology to be used;
obligations to meet reasonable requests for access to, and use of, specific network elements and associated facilities, including unbundled access to the local loop, inter alia, in situations where the regulatory authority considers that denial of access or unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market at the retail level or would not be in the end user's interest.
Regulatory authorities may attach conditions covering fairness, reasonableness and timeliness to the obligations included under this point;
to provide specified services on a wholesale basis for resale by third parties; to grant open access to technical interfaces, protocols or other key technologies that are indispensable for the interoperability of services or virtual network services; to provide co-location or other forms of facility sharing, including duct, building or mast sharing; to provide specified services needed to ensure interoperability of end-to-end services to users, including facilities for intelligent network services; to provide access to operational support systems or similar software systems necessary to ensure fair competition in the provision of services; and to interconnect networks or network facilities.
Regulatory authorities may attach conditions covering fairness, reasonableness and timeliness to the obligations included under this point;
obligations relating to cost recovery and price controls, including obligations for cost orientation of prices and obligations concerning cost accounting systems, for the provision of specific types of interconnection and/or access, in situations where a market analysis indicates that a lack of effective competition means that the operator concerned might sustain prices at an excessively high level, or apply a price squeeze, to the detriment of end-users.
Regulatory authorities shall take into account the investment made by the operator and allow him a reasonable rate of return on adequate capital employed, taking into account the risks involved;
to publish the specific obligations imposed on services suppliers by the regulatory authority identifying the specific product/service and geographical markets. Up-to-date information, provided that it is not confidential and it does not comprise business secrets is made publicly available in a manner that guarantees all interested parties easy access to that information;
obligations for transparency requiring operators to make public specified information; in particular, where an operator has obligations of non-discrimination, the regulatory authority may require that operator to publish a reference offer, which shall be sufficiently unbundled to ensure that services suppliers are not required to pay for facilities which are not necessary for the service requested, giving a description of the relevant offerings broken down into components according to market needs, and the associated terms and conditions, including prices.
Article 235
Scarce resources
Article 236
Universal service
Each Party shall ensure that:
directories of all subscribers are available to users, whether printed or electronic, or both, and are updated on a regular basis, and at least once a year; and
organisations that provide the services referred to in point (a) apply the principle of non-discrimination to the treatment of information that has been provided to them by other organisations.
Article 237
Cross-border provision of electronic communication services
Neither Party may require a service supplier of the other Party to set up an establishment, to establish any form of presence, or to be resident in its territory as a condition for the cross-border supply of a service.
Article 238
Confidentiality of information
Each Party shall ensure the confidentiality of electronic communications and related traffic data by means of a public communication network and publicly available electronic communication services without restricting trade in services.
Article 239
Disputes between services suppliers
Article 240
Gradual approximation
Each Party recognises the importance of the gradual approximation of the Republic of Moldova's existing and future legislation to the list of the Union acquis set out in Annex XXVIII-B to this Agreement.
Article 241
Scope and definition
For the purposes of this Sub-Section and of Section 2 (Establishment), Section 3 (Cross-border Supply of Services) and Section 4 (Temporary Presence of Natural Persons for Business 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 the following activities:
insurance and insurance-related services:
direct insurance (including co-insurance):
life;
non-life;
reinsurance and retrocession;
insurance inter-mediation, such as brokerage and agency; and
services auxiliary to insurance, such as consultancy, actuarial, risk assessment and claim settlement services;
banking and other financial services (excluding insurance):
acceptance of deposits and other repayable funds from the public;
lending of all types, including consumer credit, mortgage credit, factoring and financing of commercial transaction;
financial leasing;
all payment and money transmission services, including credit, charge and debit cards, travellers cheques and bankers drafts;
guarantees and commitments;
trading for own account or for account of customers, whether on an exchange, in an over-the-counter market or otherwise, the following:
money market instruments (including cheques, bills, certificates of deposits);
foreign exchange;
derivative products including, but not limited to, futures and options;
exchange rate and interest rate instruments, including products such as swaps and forward rate agreements;
transferable securities;
other negotiable instruments and financial assets, including bullion;
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;
money broking;
asset management, such as cash or portfolio management, all forms of collective investment management, pension fund management, custodial, depository and trust services;
settlement and clearing services for financial assets, including securities, derivative products, and other negotiable instruments;
provision and transfer of financial information, and financial data processing and related software;
advisory, intermediation and other auxiliary financial services on all the activities listed in points (1) to (11), including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy;
‘financial service supplier’ means any natural or juridical person of a Party that seeks to provide or provides financial services. The term ‘financial service supplier’ does not include a public entity;
‘public entity’ means:
a government, a central bank or a monetary and financial 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
a private entity, performing functions normally performed by a central bank or monetary and financial authority, when exercising those functions;
‘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 242
Prudential carve-out
Each Party may adopt or maintain measures for prudential reasons, such as:
the protection of investors, depositors, policy-holders or persons to whom a fiduciary duty is owed by a financial service supplier; and
ensuring the integrity and stability of a Party's financial system.
Article 243
Effective and transparent regulation
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 measure shall be provided:
by means of an official publication; or
in other written or electronic form.
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.
The Parties also take note of the ‘Ten Key Principles for Information Exchange’, promulgated by the G7 Finance Ministers, and will take all steps necessary to try to apply them in their bilateral contacts.
Article 244
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 juridical 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.
Article 245
Data processing
Article 246
Specific exceptions
Article 247
Self-regulatory organisations
When 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 when the Party provides such entities, directly or indirectly, with privileges or advantages in supplying financial services, the Party shall ensure observance of the obligations of Article 205(1) and Article 211 of this Agreement.
Article 248
Clearing and payment systems
Under the terms and conditions that accord national treatment, 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, and to official funding and refinancing facilities available in the normal course of ordinary business. This Article does not confer access to the Party's lender to last resort facilities.
Article 249
Gradual approximation
Each Party recognises the importance of the gradual approximation of the Republic of Moldova's existing and future legislation to the international best practice standards listed under Article 243(3) of this Agreement as well as to the list of the Union acquis set out in Annex XXVIII-A to this Agreement.
Article 250
Scope
This Section sets out the principles regarding the liberalisation of international transport services pursuant to Section 2 (Establishment), Section 3 (Cross-border Supply of Services) and Section 4 (Temporary Presence of Natural Persons for Business Purposes) of this Chapter.
Article 251
International maritime transport
For the purposes of this Sub-Section and Section 2 (Establishment), Section 3 (Cross-border supply of services) and Section 4 (Temporary presence of natural persons for business purposes) of this Chapter:
‘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 to that effect the right to directly contract with providers of other modes of transport;
‘maritime cargo handling services’ means activities exercised by stevedore companies, including terminal operators, but not including the direct activities of dockers, when that workforce is organised independently of the stevedoring or terminal operator companies. The activities covered include the organisation and supervision of:
the loading/discharging of cargo to/from a ship;
the lashing/unlashing of cargo; and
the reception/delivery and safekeeping of cargoes before shipment or after discharge;
‘customs clearance services’ (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 that service is the main activity of the service provider or a usual complement of its main activity;
‘container station and depot services’ means activities consisting in storing containers, whether in port areas or inland, with a view to their stuffing/stripping, repairing and making them available for shipments;
‘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:
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;
acting on behalf of the companies organising the call of the ship or taking over cargoes when required;
‘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;
‘feeder services’ means the pre- and onward transportation of international cargoes by sea, notably containerised, between ports located in a Party.
In view of the existing levels of liberalisation between the Parties in international maritime transport:
each Party shall apply effectively the principle of unrestricted access to the international maritime markets and trades on a commercial and non-discriminatory basis;
each Party shall 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 is 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.
In applying those principles, the Parties shall:
not introduce cargo-sharing arrangements in future agreements with third countries concerning maritime transport services, including dry and liquid bulk and liner trade, and terminate, within a reasonable period of time, such cargo-sharing arrangements in case they exist in previous agreements; and
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.
Article 252
Air transport
A progressive liberalisation of air transport between the Parties, adapted to their reciprocal commercial needs and the conditions of mutual market access, is dealt with by the Common Aviation Area Agreement between the EU and its Member States and the Republic of Moldova.
Article 253
Gradual approximation
Each Party recognises the importance of the gradual approximation of the Republic of Moldova's existing and future legislation to the list of the Union acquis set out in Annex XXVIII-D to this Agreement.
Article 254
Objective and principles
Article 255
Cooperation in electronic commerce
The Parties shall maintain a dialogue on regulatory issues raised by electronic commerce, which will address, inter alia, the following issues:
the recognition of certificates of electronic signatures issued to the public and the facilitation of cross-border certification services;
the liability of intermediary service providers with respect to the transmission or storage of information;
the treatment of unsolicited electronic commercial communications;
the protection of consumers in the ambit of electronic commerce; and
any other issue relevant for the development of electronic commerce.
Article 256
Use of intermediaries' services
Article 257
Liability of intermediary service providers: ‘mere conduit’
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:
does not initiate the transmission;
does not select the receiver of the transmission; and
does not select or modify the information contained in the transmission.
Article 258
Liability of intermediary service providers: ‘caching’
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 onward transmission of the information to other recipients of the service upon their request, on condition that:
the provider does not modify the information;
the provider complies with conditions on access to the information;
the provider complies with rules regarding the updating of the information, specified in a manner widely recognised and used by industry;
the provider 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
the provider acts expeditiously to remove or to disable access to the information it 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.
Article 259
Liability of intermediary service providers: ‘hosting’
Where an information society service is provided that consists of the storage of information provided by a recipient of the service, each Party 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 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
the provider, upon obtaining such knowledge or awareness, acts expeditiously to remove or to disable access to the information.
Article 260
No general obligation to monitor
Article 261
General 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 establishment or cross-border supply of services, nothing in this Chapter shall be construed to prevent the adoption or enforcement by any Party of measures:
necessary to protect public security or public morals or to maintain public order;
necessary to protect human, animal or plant life or health;
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;
necessary for the protection of national treasures of artistic, historic or archaeological value;
necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Chapter, including those relating to:
the prevention of deceptive and fraudulent practices or dealing with the effects of a default on contracts;
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;
safety;
inconsistent with Articles 205(1) and 211 of this Agreement, 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 ( 24 ).
Article 262
Taxation measures
The most-favoured-nation treatment granted in accordance with the provisions of this Chapter shall 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 263
Security exceptions
Nothing in this Agreement shall be construed to:
require any Party to furnish any information, the disclosure of which it considers contrary to its essential security interests;
prevent any Party from taking any action which it considers necessary for the protection of its essential security interests:
connected with the production of, or trade, in arms, munitions or war materiel;
relating to economic activities carried out directly or indirectly for the purpose of provisioning a military establishment;
relating to fissionable and fusionable materials or the materials from which they are derived; or
taken in time of war or other emergency in international relations; or
prevent any Party from taking any action in pursuance of obligations it has accepted for the purpose of maintaining international peace and security.
CHAPTER 7
Current payments and movement of capital
Article 264
Current payments
The Parties undertake to authorise, in freely convertible currency, in accordance with the provisions of Article VIII of the Agreement of the International Monetary Fund, any payments and transfers on the current account of balance of payments between the Parties.
Article 265
Capital movements
With regard to transactions on the capital and financial account of balance of payments other than the transactions listed in paragraph 1, from the entry into force of this Agreement, each Party shall ensure, without prejudice to other provisions of this Agreement,
the free movement of capital relating to credits for commercial transactions or for the provision of services in which a resident of one of the Parties is participating; and
the free movement of capital relating to portfolio investments, financial loans and credits by the investors of the other Party.
Article 266
Safeguard measures
Where, in exceptional circumstances, payments or movements of capital cause, or threaten to cause, serious difficulties for the operation of exchange rate policy or monetary policy, including serious balance of payments difficulties, in one or more Member States or in the Republic of Moldova, the Parties concerned may take safeguard measures for a period not exceeding six months if such measures are strictly necessary. The Party adopting the safeguard measure shall inform the other Party forthwith of the adoption of any safeguard measure and, as soon as possible, of a time schedule for its removal.
Article 267
Facilitation and evolution provisions
CHAPTER 8
Public procurement
Article 268
Objectives
Article 269
Scope
Article 270
Institutional background
In the framework of institutional reform, the Republic of Moldova shall designate in particular:
an executive body responsible for economic policy at central government level tasked with guaranteeing a coherent policy in all areas related to public procurement. Such a body shall facilitate and coordinate the implementation of this Chapter and guide the process of gradual approximation to the Union acquis; and
an impartial and independent body tasked with the review of decisions taken by contracting authorities or entities during the award of contracts. In that context, ‘independent’ means that that body shall be a public authority which is separate from all contracting entities and economic operators. There shall be a possibility to subject the decisions taken by that body to judicial review.
Article 271
Basic standards regulating the award of contracts
Publication
Each Party shall ensure that all intended procurements are published in an appropriate medium in a manner that is sufficient to:
enable the market to be opened up to competition; and
allow any interested economic operator to have appropriate access to information regarding the intended procurement prior to the award of the contract and to express its interest in obtaining the contract.
Award of contracts
Notwithstanding the first subparagraph, in cases where it is justified by the specific circumstances of the contract, the successful applicant may be required to establish certain business infrastructure at the place of performance.
Contracting entities may invite a limited number of applicants to submit an offer, provided that:
it is done in a transparent and non-discriminatory manner; and
the selection is based only on objective factors such as the experience of the applicants in the sector concerned, the size and infrastructure of their businesses or their technical and professional abilities.
In inviting a limited number of applicants to submit an offer, account shall be taken of the need to ensure adequate competition.
Judicial protection
Article 272
Planning of gradual approximation
Article 273
Gradual approximation
Article 274
Market access
In so far as a Party has, according to Annex XXIX-B to this Agreement, opened its procurement market to the other Party:
the Union shall grant access to contract award procedures to companies of the Republic of Moldova, whether established or not in the Union, pursuant to Union public procurement rules under treatment no less favourable than that accorded to Union companies;
the Republic of Moldova shall grant access to contract award procedures for Union companies, whether established or not in the Republic of Moldova, pursuant to national procurement rules under treatment no less favourable than that accorded to companies of the Republic of Moldova.
Article 275
Information
Article 276
Cooperation
CHAPTER 9
Intellectual property rights
Article 277
Objectives
The objectives of this Chapter are to:
facilitate the production and commercialisation of innovative and creative products between the Parties; and
achieve an adequate and effective level of protection and enforcement of intellectual property rights.
Article 278
Nature and scope of obligations
Article 279
Exhaustion
Each Party shall provide for a regime of domestic or regional exhaustion of intellectual property rights.
Article 280
Protection granted
The Parties shall comply with the rights and obligations set out in the following international agreements:
the Berne Convention for the Protection of Literary and Artistic Works (‘the Berne Convention’);
the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations of 1961;
the TRIPS Agreement;
the WIPO Copyright Treaty; and
the WIPO Performances and Phonograms Treaty.
Article 281
Authors
Each Party shall provide for authors the exclusive right to authorise or prohibit:
the direct or indirect, temporary or permanent, reproduction by any means and in any form, in whole or in part, of their works;
any form of distribution to the public by sale or otherwise of the original of their works or of copies thereof; and
any communication to the public of their works, by wire or wireless means, including the making available to the public of their works in such a way that members of the public may access them from a place and at a time individually chosen by them.
Article 282
Performers
Each Party shall provide for performers the exclusive right to:
authorise or prohibit the fixation ( 25 ) of their performances;
authorise or prohibit the direct or indirect, temporary or permanent, reproduction by any means and in any form, in whole or in part, of fixations of their performances;
make available to the public, by sale or otherwise, fixations of their performances;
authorise or prohibit the making available to the public, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them, of fixations of their performances;
authorise or prohibit the broadcasting by wireless means and the communication to the public of their performances, except where the performance is itself already a broadcast performance or is made from a fixation.
Article 283
Producers of phonograms
Each Party shall provide for phonogram producers the exclusive right to:
authorise or prohibit the direct or indirect, temporary or permanent, reproduction by any means and in any form, in whole or in part, of their phonograms;
make available to the public, by sale or otherwise, their phonograms, including copies thereof; and
authorise or prohibit the making available of their phonograms to the public, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them.
Article 284
Broadcasting organisations
Each Party shall provide for broadcasting organisations the exclusive right to authorise or prohibit:
the fixation of their broadcasts;
the reproduction of fixations of their broadcasts;
the making available to the public, by wire or wireless means, of fixations of their broadcasts; and
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 285
Broadcasting and communication to the public
Article 286
Term of protection
The rights of performers shall expire no less than 50 years after the date of the performance. However;
if a fixation of the performance, other than in a phonogram, is lawfully published or lawfully communicated to the public within that period, the rights shall expire 50 years from the date of the first such publication or the first such communication to the public, whichever is the earlier;
if a fixation of the performance in a phonogram is lawfully published or lawfully communicated to the public within that period, the rights shall expire 70 years from the date of the first such publication or the first such communication to the public, whichever is the earlier.
The rights of producers of phonograms shall expire no less than 50 years after the fixation is made. However;
if a phonogram has been lawfully published within that period, the said rights shall expire no less than 70 years from the date of the first lawful publication. If no lawful publication has taken place within the period mentioned in the first sentence, and if the phonogram has been lawfully communicated to the public within that period, the said rights shall expire not less than 70 years from the date of the first lawful communication to the public;
if 50 years after a phonogram is lawfully published or communicated to the public, the phonogram producer does not offer copies of the phonogram for sale in sufficient quantity, or does not make it available to the public, the performer may terminate the contract by which he/she has transferred or assigned his/her rights in the fixation of his/her performance to a phonogram producer.
Article 287
Protection of technological measures
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:
are promoted, advertised or marketed for the purpose of circumvention of any effective technological measures;
have only a limited commercially significant purpose or use other than to circumvent any effective technological measures; or
are primarily designed, produced, adapted or performed for the purpose of enabling or facilitating the circumvention of any effective technological measures.
Article 288
Protection of rights management information
Each Party shall provide adequate legal protection against any person performing without authority any of the following acts:
the removal or alteration of any electronic rights-management information;
the distribution, importation for distribution, broadcasting, communication or making available to the public of works or other subject matter protected under this Agreement from which electronic rights-management information has been removed or altered without authority,
if that person knows, or has reasonable grounds to know, that by so doing he/she is inducing, enabling, facilitating or concealing an infringement of any copyright or any related rights as provided by domestic law.
Article 289
Exceptions and limitations
Each Party shall provide that temporary acts of reproduction referred to in Articles 282 to 285 of this Agreement, which are transient or incidental, which are an integral and essential part of a technological process and the sole purpose of which is to enable:
a transmission in a network between third parties by an intermediary; or
a lawful use of a work or other protected subject matter to be made, and which have no independent economic significance, shall be exempted from the reproduction right provided for in Articles 282 to 285 of this Agreement.
Article 290
Artists' resale right in works of art
Article 291
Cooperation on collective management of rights
The Parties shall endeavour to promote dialogue and cooperation between their respective collective management societies for the purpose of promoting the availability of works and other protected subject matter and the transfer of royalties for the use of such works or other protected subject matter.
Article 292
International agreements
The Parties shall:
comply with the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, the WIPO Trademark Law Treaty and the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks; and
make all reasonable efforts to accede to the Singapore Treaty on the Law of Trademarks.
Article 293
Registration procedure
Article 294
Well-known trademarks
For the purpose of giving effect to Article 6bis of the Paris Convention and Article 16(2) and (3) of the TRIPS Agreement on the protection of well-known trademarks, the Parties shall apply the Joint Recommendation Concerning Provisions on the Protection of Well-Known Marks adopted by the Assembly of the Paris Union for the Protection of Industrial Property and the General Assembly of the World Intellectual Property Organisation (WIPO) at the Thirty-Fourth Series of Meetings of the Assemblies of the Member States of WIPO (September 1999).
Article 295
Exceptions to the rights conferred by a trademark
Each Party shall provide for limited exceptions to the rights conferred by a trademark, such as the fair use of descriptive terms, the protection of geographical indications as provided for in Article 303 of this Agreement, or other limited exceptions that take account of the legitimate interests of the owner of the trademark and of third parties.
Article 296
Scope
Article 297
Established geographical indications
Article 298
Addition of new geographical indications
Article 299
Scope of protection of geographical indications
The geographical indications listed in Annexes XXX-C and XXX-D to this Agreement, as well as those added pursuant to Article 298 of this Agreement, shall be protected against:
any direct or indirect commercial use of a protected name:
for comparable products not compliant with the product specification of the protected name; or
in so far as such use exploits the reputation of a geographical indication;
any misuse, imitation or evocation ( 26 ), even if the true origin of the product is indicated or if the protected name is translated, transcribed, transliterated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar;
any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product, on the inner or outer packaging, advertising material or documents relating to the product concerned, and the packing of the product in a container liable to convey a false impression as to its origin; and
any other practice liable to mislead the consumer as to the true origin of the product.
Article 300
Right of use of geographical indications
Article 301
Enforcement of protection
The Parties shall enforce the protection provided for in Articles 297 to 300 of this Agreement by appropriate administrative actions or legal proceedings, as appropriate, including at the customs border (export and import), in order to prevent and stop any unlawful use of the protected geographical indications. They shall also enforce such protection at the request of an interested party.
Article 302
Implementation of complementary actions
Without prejudice to the Republic of Moldova's previous commitments to grant protection for the Union geographical indications derived from international agreements on the protection of geographical indications and the enforcement thereof, including the commitments undertaken in the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, and in accordance with Article 301 of this Agreement, the Republic of Moldova shall benefit from a transitional period of five years from 1 April 2013 to put in place all complementary actions necessary to stop any unlawful use of the protected geographical indications, in particular the measures at the customs border.
Article 303
Relationship with trademarks
Article 304
General rules
Article 305
Cooperation and transparency
Article 306
Geographical Indications Sub-Committee
The Geographical Indications Sub-Committee shall also see to the proper functioning of this Sub-Section and may consider any matter related to its implementation and operation. In particular, it shall be responsible for:
amending Part A and Part B of Annex XXX-A to this Agreement as regards the references to the law applicable in the Parties;
amending Annexes XXX-C and XXX-D to this Agreement as regards geographical indications;
exchanging information on legislative and policy developments on geographical indications and any other matter of mutual interest in the area of geographical indications;
exchanging information on geographical indications for the purpose of considering their protection in accordance with this Sub-Section; and
monitoring the latest developments regarding the enforcement of the protection of the geographical indications listed in Annexes XXX-C and XXX-D to this Agreement.
Article 307
International agreements
The Parties shall comply with the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs of 1999.
Article 308
Protection of registered designs
A design applied to or incorporated in a product which constitutes a component part of a complex product shall only be considered to be new and original:
if the component part, once it has been incorporated into the complex product, remains visible during normal use of the product; and
to the extent that those visible features of the component part fulfil in themselves the requirements as to novelty and originality.
Article 309
Protection conferred to unregistered designs
Article 310
Exceptions and exclusions
Article 311
Relationship to copyright
A design shall also be eligible for protection under the copyright law of a Party as from the date on which the design was created or fixed in any form. The extent to which, and the conditions under which, such a protection is conferred, including the level of originality required, shall be determined by each Party.
Article 312
International agreements
The Parties shall adhere to the provisions of the WIPO Patent Cooperation Treaty and shall make all reasonable efforts to comply with the WIPO Patent Law Treaty.
Article 313
Patents and public health
Article 314
Supplementary protection certificate
Article 315
Protection of data submitted to obtain an authorisation to put a medicinal product on the market
To that end,
during a period of at least five years, starting from the date of the grant of a marketing authorisation in the Party concerned, no person or entity, whether public or private, other than the person or entity who submitted such undisclosed data, shall be allowed to rely directly or indirectly on such data, without the explicit consent of the person or entity who submitted that data, in support of an application for the authorisation to put a medicinal product on the market;
during a period of at least seven years, starting from the date of the grant of a marketing authorisation in the Party concerned, a marketing authorisation for any subsequent application shall not be granted, unless the subsequent applicant submits his/her own data, or data used with authorisation of the holder of the first authorisation, meeting the same requirements as in the case of the first authorisation. Products registered without submission of such data shall be removed from the market until the requirements are met.
Article 316
Data protection on plant protection products
During the period of validity of the data protection right, the test or study report shall not be used for the benefit of any other person aiming to obtain a marketing authorisation for a plant protection product, except when the explicit consent of the owner is provided.
The test or study report shall fulfil the following conditions:
that it is necessary for the authorisation or for an amendment of an authorisation in order to allow the use on other crops; and
that it is certified as compliant with the principles of good laboratory practice or of good experimental practice.
Article 317
Plant varieties
The Parties shall protect plant varieties rights, in accordance with the International Convention for the Protection of New Varieties of Plants including the optional exception to the breeder's right as referred to in Article 15(2) of the said Convention, and shall cooperate to promote and enforce those rights.
Article 318
General obligations
Article 319
Entitled applicants
Each Party shall recognise as persons entitled to seek application of the measures, procedures and remedies referred to in this Section and in Part III of the TRIPS Agreement:
the holders of intellectual property rights in accordance with the provisions of the applicable law;
all other persons authorised to use those rights, in particular licensees, in so far as permitted by and in accordance with the provisions of the applicable law;
intellectual property collective rights management bodies which are regularly recognised as having a right to represent holders of intellectual property rights, in so far as permitted by and in accordance with the provisions of the applicable law; and
professional defence bodies which are regularly recognised as having a right to represent holders of intellectual property rights, in so far as permitted by and in accordance with the provisions of the applicable law.
Article 320
Measures for preserving evidence
Article 321
Right of information
Each Party shall ensure that, in the context of proceedings concerning an infringement of an intellectual property right and in response to a justified and proportionate request of the claimant, the competent judicial authorities may order that information on the origin and distribution networks of the goods or services which infringe an intellectual property right be provided by the infringer and/or any other person who:
was found in possession of the infringing goods on a commercial scale;
was found to be using the infringing services on a commercial scale;
was found to be providing on a commercial scale services used in infringing activities;
was indicated by the person referred to in point (a), (b) or (c) as being involved in the production, manufacture or distribution of the goods or the provision of the services.
The information referred to in paragraph 1 shall, as appropriate, comprise:
the names and addresses of the producers, manufacturers, distributors, suppliers and other previous holders of the goods or services, as well as the intended wholesalers and retailers;
information on the quantities produced, manufactured, delivered, received or ordered, as well as the price obtained for the goods or services in question.
Paragraphs 1 and 2 shall apply without prejudice to other statutory provisions which:
grant the right holder rights to receive fuller information;
govern the use in civil or criminal proceedings of the information communicated pursuant to this Article;
govern responsibility for misuse of the right of information;
afford an opportunity for refusing to provide information which would force the person referred to in paragraph 1 to admit to his/her own participation or that of his/her close relatives in an infringement of an intellectual property right; or
govern the protection of confidentiality of information sources or the processing of personal data.
Article 322
Provisional and precautionary measures
Article 323
Corrective measures
Article 324
Injunctions
Each Party shall ensure that, where a judicial decision has been taken, finding an infringement of an intellectual property right, the judicial authorities may issue against the infringer, as well as against an intermediary whose services are used by a third party to infringe an intellectual property right, an injunction aimed at prohibiting the continuation of the infringement.
Article 325
Alternative measures
The Parties may provide that, in appropriate cases and at the request of the person liable to be subject to the measures provided for in Article 323 and/or Article 324 of this Agreement, the competent judicial authorities may order pecuniary compensation to be paid to the injured party instead of applying the measures provided for in those two Articles if that person acted unintentionally and without negligence, if execution of the measures in question would cause him/her disproportionate harm and if pecuniary compensation to the injured party appears reasonably satisfactory.
Article 326
Damages
Each Party shall ensure that the judicial authorities, on application of the injured party, order the infringer who knowingly, or with reasonable grounds to know, engaged in an infringing activity, to pay the right-holder damages appropriate to the actual prejudice suffered by him/her as a result of the infringement. When the judicial authorities set the amount of damages:
they shall take into account all appropriate aspects, such as the negative economic consequences, including lost profits, which the injured party has suffered, any unfair profits made by the infringer and, in appropriate cases, elements other than economic factors, such as the moral prejudice caused to the right holder by the infringement; or
as an alternative to point (a), they may, in appropriate cases, set the amount of damages as a lump sum on the basis of elements such as, at least, the amount of royalties or fees which would have been due if the infringer had requested authorisation to use the intellectual property right in question.
Article 327
Legal costs
Each Party shall ensure that reasonable and proportionate legal costs and other expenses incurred by the successful party shall, as a general rule, be borne by the unsuccessful party, unless equity does not allow this.
Article 328
Publication of judicial decisions
Each Party shall ensure that, in legal proceedings instituted for infringement of an intellectual property right, the judicial authorities may order, at the request of the applicant and at the expense of the infringer, appropriate measures for the dissemination of the information concerning the decision, including displaying the decision and publishing it in full or in part.
Article 329
Presumption of authorship or ownership
For the purposes of applying the measures, procedures and remedies provided for in this Section:
for the author of a literary or artistic work, in the absence of proof to the contrary, to be regarded as such, and consequently to be entitled to institute infringement proceedings, it shall be sufficient for his/her name to appear on the work in the usual manner;
point (a) shall apply mutatis mutandis to the holders of rights related to copyright with regard to their protected subject matter.
Article 330
Border measures
The customs office shall also give the applicant the opportunity to inspect goods whose release has been suspended or which have been detained. When examining goods, the customs office may take samples and hand them over or send them to the right holder, at his/her request, strictly for the purposes of analysis and to facilitate the subsequent procedure.
Article 331
Codes of conduct
The Parties shall encourage:
the development by trade or professional associations or organisations of codes of conduct aimed at contributing towards the enforcement of intellectual property rights; and
the submission to the competent authorities of the Parties of draft codes of conduct and of any evaluations of the application of those codes of conduct.
Article 332
Cooperation
Subject to the provisions of Title VI (Financial Assistance, and Anti-Fraud and Control Provisions) of this Agreement, areas of cooperation include, but are not limited to, the following activities:
exchange of information on the legal framework concerning intellectual property rights and relevant rules of protection and enforcement; exchange of experiences on legislative progress in those areas;
exchange of experiences and information on enforcement of intellectual property rights;
exchange of experiences on central and sub-central enforcement by customs, police, administrative and judiciary bodies; coordination to prevent exports of counterfeit goods, including with other countries;
capacity-building; exchange and training of personnel;
promotion and dissemination of information on intellectual property rights in, inter alia, business circles and civil society; public awareness of consumers and right holders;
enhancement of institutional cooperation, for example between intellectual property offices;
active promotion of awareness and education of the general public on policies concerning intellectual property rights; formulation of effective strategies to identify key audiences, and the creation of communication programmes to increase consumer and media awareness on the impact of intellectual property violations, including the risk to health and safety and the connection to organised crime.
CHAPTER 10
Competition
Article 333
Definitions
For the purposes of this Section:
‘competition authority’ means for the Union, the European Commission, and for the Republic of Moldova, the Competition Council;
‘competition laws’ means:
for the Union, Articles 101, 102 and 106 of the Treaty on the Functioning of the European Union, Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation), and their implementing regulations or amendments;
for the Republic of Moldova, Competition Law No 183 of 11 July 2012 and its implementing regulations or amendments; and
any changes that the instruments referred to in points (a) and (b) may undergo after the entry into force of this Agreement.
Article 334
Principles
The Parties recognise the importance of free and undistorted competition in their trade relations. The Parties acknowledge that anti-competitive business practices have the potential to distort the proper functioning of markets and undermine the benefits of trade liberalisation.
Article 335
Implementation
Article 336
State monopolies, public undertakings and undertakings entrusted with special or exclusive rights
Article 337
Cooperation and exchange of information
Article 338
Dispute settlement
The provisions on the dispute settlement mechanism in Chapter 14 (Dispute Settlement) of Title V (Trade and Trade-related Matters) of this Agreement shall not apply to this Section.
Article 339
General principles and scope
Article 340
Assessment of state aid
Article 341
State aid legislation and authority
Article 342
Transparency
Article 343
Confidentiality
When exchanging information under this Chapter, the Parties shall take into account the limitations imposed by the requirements of professional and business secrecy.
Article 344
Review clause
The Parties shall keep under constant review the matters to which reference is made in this Chapter. Each Party may refer such matters to the Association Committee in Trade configuration, as set out in Article 438(4) of this Agreement. The Parties agree to review progress in implementing this Chapter every two years after the entry into force of this Agreement, unless both Parties agree otherwise.
CHAPTER 11
Trade-related energy
Article 345
Definitions
For the purposes of this Chapter:
‘energy goods’ means crude oil (HS code 27.09 ), natural gas (HS code 27.11 ) and electrical energy (HS code 27.16 );
‘fixed infrastructure’ means any transmission or distribution network, liquefied natural gas facility or storage facility, as defined in Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and in Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity;
‘transport’ means transmission and distribution, as defined in Directive 2003/54/EC and Directive 2003/55/EC, and the carriage or conveyance of oil through pipelines;
‘unauthorised taking’ means any activity consisting of the unlawful taking of energy goods from fixed infrastructure.
Article 346
Domestic regulated prices
Article 347
Prohibition of dual pricing
Article 348
Transit
The Parties shall take any necessary measures to facilitate transit, consistent with the principle of freedom of transit, and in accordance with Articles V.1, V.2, V.4 and V.5 of GATT 1994 and Articles 7.1 and 7.3 of the Energy Charter Treaty, which are incorporated into this Agreement and made part thereof.
Article 349
Transport
As regards transport of electricity and gas, in particular third party access to fixed infrastructure, the Parties shall adapt their legislation, as referred to in Annex VIII to this Agreement and in the Energy Community Treaty, in order to ensure that the tariffs, which shall be published prior to their entry into force, the capacity allocation procedures and all other conditions are objective, reasonable and transparent and that they do not discriminate on the basis of origin, ownership or destination of the electricity or gas.
Article 350
Unauthorised taking of goods in transit
Each Party shall take all necessary measures to prohibit and address any unauthorised taking of energy goods in transit through its territory by any entity subject to that Party's control or jurisdiction.
Article 351
Uninterrupted transit
Article 352
Transit obligation for operators
Each Party shall ensure that fixed infrastructure operators take any necessary measures to:
minimise the risk of accidental interruption or reduction of transit; and
expeditiously restore the normal operation of such transit, which has been accidentally interrupted or reduced.
Article 353
Regulatory authority for electricity and natural gas
Article 354
Relationship with the Energy Community Treaty
CHAPTER 12
Transparency
Article 355
Definitions
For the purposes of this Chapter:
‘measures of general application’ includes laws, regulations, judicial decisions, procedures and administrative rulings of general application and any other general or abstract act, interpretation or other requirement that may have an impact on any matter covered by Title V (Trade and Trade-related Matters) of this Agreement. It does not include a ruling that applies to a particular person;
‘interested person’ means any natural or legal person that may be subject to any rights or obligations under measures of general application, within the meaning of Title V (Trade and Trade-related Matters) of this Agreement.
Article 356
Objective and scope
Recognising the impact which the regulatory environment may have on trade and investment between the Parties, the Parties shall provide a predictable regulatory environment for economic operators and efficient procedures, taking due account of the requirements of legal certainty and proportionality.
Article 357
Publication
Each Party shall ensure that measures of general application:
are promptly and readily available via an officially designated medium and, where feasible, electronic means, in such a manner as to enable any person to become acquainted with them;
provide an explanation of the objective of, and the rationale for, such measures; and
allow for sufficient time between publication and entry into force of such measure except in duly justified cases.
Each Party shall:
endeavour to publish at an appropriate early stage any proposal to adopt or to amend any measure of general application, including an explanation of the objective of, and rationale for, the proposal;
provide reasonable opportunities for interested persons to comment on such proposal, allowing, in particular, for sufficient time for such opportunities; and
endeavour to take into account the comments received from interested persons with respect to such proposal.
Article 358
Enquiries and contact points
Article 359
Administration of measures of general application
Each Party shall administer in an objective, impartial and reasonable manner all measures of general application. To that end, each Party, in applying such measures to particular persons, goods or services of the other Party in specific cases, shall:
endeavour to provide interested persons, that are directly affected by a proceeding, with reasonable notice, in accordance with its procedures, when a proceeding is initiated, including a description of the nature of the proceeding, a statement of the legal authority under which the proceeding is initiated, and a general description of any issues in controversy;
afford such interested persons a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative action, when the time, the nature of the proceeding, and the public interest permit; and
ensure that its procedures are based on and carried out in accordance with its law.
Article 360
Review and appeal
Each Party shall ensure that, in any such tribunals or procedures, the parties to the proceeding are provided with the right to:
a reasonable opportunity to support or defend their respective positions; and
a decision based on the evidence and the submissions of record or, where required by the Party's law, the record compiled by the administrative authority.
Article 361
Regulatory quality and performance and good administrative behaviour
Article 362
Specific rules
The provisions of this Chapter shall apply without prejudice to any specific rules on transparency established in other Chapters of Title V (Trade and Trade-related Matters) of this Agreement.
CHAPTER 13
Trade and sustainable development
Article 363
Context and objectives
Article 364
Right to regulate and levels of protection
Article 365
Multilateral labour standards and agreements
In accordance with their obligations as members of the ILO and the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up of 1998, the Parties commit to respecting, promoting and realising in their law and practice and in their whole territory the internationally recognised core labour standards, as embodied in the fundamental ILO conventions, and in particular:
the freedom of association and the effective recognition of the right to collective bargaining;
the elimination of all forms of forced or compulsory labour;
the effective abolition of child labour; and
the elimination of discrimination in respect of employment and occupation.
Article 366
Multilateral environmental governance and agreements
Article 367
Trade and investment promoting sustainable development
The Parties reconfirm their commitment to enhance the contribution of trade to the goal of sustainable development in its economic, social and environmental dimensions. Accordingly, the Parties:
recognise the beneficial role that core labour standards and decent work can have on economic efficiency, innovation and productivity, and shall seek greater policy coherence between trade policies, on the one hand, and labour policies, on the other;
shall strive to facilitate and promote trade and investment in environmental goods and services, including through addressing related non-tariff barriers;
shall strive to facilitate the removal of obstacles to trade or investment concerning goods and services of particular relevance to climate change mitigation, such as sustainable renewable energy and energy efficient products and services, including through the adoption of policy frameworks conducive to the deployment of best available technologies and through the promotion of standards that respond to environmental and economic needs and minimise technical obstacles to trade;
agree to promote trade in goods that contribute to enhanced social conditions and environmentally sound practices, including goods that are the subject of voluntary sustainability assurance schemes such as fair and ethical trade schemes, eco-labels, and certification schemes for natural resource-based products;
agree to promote corporate social responsibility, including through the exchange of information and best practices. In that regard, the Parties refer to the relevant internationally recognised principles and guidelines, such as the OECD Guidelines for Multinational Enterprises, the United Nations Global Compact, and the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy.
Article 368
Biological diversity
To that end, the Parties commit to:
promoting trade in natural resource-based products obtained through a sustainable use of biological resources and contributing to the conservation of biodiversity;
exchanging information on actions on trade in natural resource-based products aimed at halting the loss of biological diversity and reducing pressures on biodiversity and, where relevant, cooperating to maximise the impact and to ensure the mutual supportiveness of their respective policies;
promoting the listing of species under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) where the conservation status of those species is considered at risk; and
cooperating at the regional and global levels with the aim of promoting the conservation and the sustainable use of biological diversity in natural or agricultural ecosystems, including endangered species, their habitat, specially protected natural areas and genetic diversity, the restoration of ecosystems, and the elimination or the reduction of negative environmental impacts resulting from the use of living and non-living natural resources or of ecosystems.
Article 369
Sustainable management of forests and trade in forest products
To that end, the Parties commit to:
promoting trade in forest products derived from sustainably managed forests, harvested in accordance with the domestic legislation of the country of harvest. Actions, in that regard, may include the conclusion of a Forest Law Enforcement Governance and Trade Voluntary Partnership Agreement;
exchanging information on measures to promote the consumption of timber and timber products from sustainably managed forests and, where relevant, cooperate in the development of such measures;
adopting measures to promote the conservation of forest cover and to combat illegal logging and related trade, including with respect to third countries, as appropriate;
exchanging information on actions for improving forest governance and, where relevant, cooperating to maximise the impact and ensure the mutual supportiveness of their respective policies aiming at excluding illegally harvested timber and timber products from trade flows;
promoting the listing of timber species under CITES where the conservation status of that species is considered at risk; and
cooperating at the regional and global level with the aim of promoting the conservation of forest cover and the sustainable management of all types of forests, with use of certification promoting responsible management of the forests.
Article 370
Trade in fish products
Taking into account the importance of ensuring responsible management of fish stocks in a sustainable manner as well as promoting good governance in trade, the Parties commit to:
promoting best practices in fisheries management with a view to ensuring the conservation and the management of fish stocks in a sustainable manner, and based on the ecosystem approach;
taking effective measures to monitor and control fishing activities;
ensuring full compliance with applicable conservation and control measures, adopted by Regional Fisheries Management Organisations as well as cooperating with and within Regional Fisheries Management Organisations as widely as possible; and
cooperating in the fight against illegal, unreported and unregulated (IUU) fishing and fishing related activities with comprehensive, effective and transparent measures. The Parties shall also implement policies and measures to exclude IUU products from trade flows and their markets.
Article 371
Upholding levels of protection
Article 372
Scientific information
When preparing and implementing measures aimed at protecting the environment or labour conditions that may affect trade or investment, the Parties shall take account of available scientific and technical information, and relevant international standards, guidelines or recommendations if they exist, including the precautionary principle.
Article 373
Transparency
Each Party, in accordance with its domestic law and Chapter 12 (Transparency) of Title V (Trade and Trade-related Matters) of this Agreement, shall ensure that any measure aimed at protecting the environment or labour conditions that may affect trade or investment is developed, introduced and implemented in a transparent manner, with due notice and public consultation, and with appropriate and timely communication to, and consultation of, non-state actors.
Article 374
Review of sustainability impacts
The Parties commit to reviewing, monitoring and assessing the impact of the implementation of Title V (Trade and Trade-related Matters) of this Agreement on sustainable development through their respective participative processes and institutions, as well as those set up under this Agreement, for instance through trade-related sustainability impact assessments.
Article 375
Working together on trade and sustainable development
The Parties recognise the importance of working together on trade-related aspects of environmental and labour policies in order to achieve the objectives of Title V (Trade and Trade-related Matters) of this Agreement. They may cooperate in, inter alia, the following areas:
labour or environmental aspects of trade and sustainable development in international fora, including in particular the WTO, the ILO, UNEP, and MEAs;
methodologies and indicators for trade sustainability impact assessments;
the impact of labour and environment regulations, norms and standards on trade and investment, as well as the impact of trade and investment rules on labour and environmental law, including on the development of labour and environmental regulations and policy;
the positive and negative impacts of Title V (Trade and Trade-related Matters) of this Agreement on sustainable development and ways to enhance, prevent or mitigate them, respectively, also taking into account the sustainability impact assessments carried out by either or both Parties;
promoting the ratification and the effective implementation of fundamental, priority and other up-to-date ILO conventions and MEAs of relevance in a trade context;
promoting private and public certification, traceability and labelling schemes, including eco-labelling;
promoting corporate social responsibility, for instance through actions concerning awareness raising, adherence, implementation and follow-up of internationally recognised guidelines and principles;
trade-related aspects of the ILO Decent Work Agenda, including on the interlink between trade and full and productive employment, labour market adjustment, core labour standards, labour statistics, human resources development and lifelong learning, social protection and social inclusion, social dialogue and gender equality;
trade-related aspects of MEAs, including customs cooperation;
trade-related aspects of the current and future international climate change regime, including means to promote low-carbon technologies and energy efficiency;
trade-related measures to promote the conservation and the sustainable use of biological diversity;
trade-related measures to tackle deforestation, including by addressing problems regarding illegal logging; and
trade-related measures to promote sustainable fishing practices and trade in sustainably managed fish products.
Article 376
Institutional and overseeing mechanisms
Article 377
Joint civil society dialogue forum
Article 378
Government consultations
Article 379
Panel of Experts
CHAPTER 14
Dispute settlement
Article 380
Objective
The objective of this Chapter is to establish an effective and efficient mechanism for avoiding and settling any dispute between the Parties concerning the interpretation and application of Title V (Trade and Trade-related Matters) of this Agreement with a view to arriving, where possible, at a mutually agreed solution.
Article 381
Scope of application
This Chapter shall apply with respect to any dispute concerning the interpretation and application of the provisions of Title V (Trade and Trade-related Matters) of this Agreement, except as otherwise provided.
Article 382
Consultations
Article 383
Mediation
Any Party may request the other Party to enter into a mediation procedure with respect to any measure adversely affecting trade or investment between the Parties pursuant to Annex XXXII to this Agreement.
Article 384
Initiation of the arbitration procedure
Article 385
Establishment of the arbitration panel
Article 386
Preliminary ruling on urgency
If a Party so requests, the arbitration panel shall, within 10 days of its establishment, give a preliminary ruling on whether it deems the case to be urgent.
Article 387
Arbitration panel report
Article 388
Conciliation for urgent energy disputes
Article 389
Notification of the ruling of the arbitration panel
Article 390
Compliance with the arbitration panel ruling
The Party complained against shall take any measure necessary to comply promptly and in good faith with the arbitration panel ruling.
Article 391
Reasonable period of time for compliance
Article 392
Review of any measure taken to comply with the arbitration panel ruling
Article 393
Temporary remedies in case of non-compliance
The suspension of obligations and the compensation foreseen in this Article shall be temporary and shall not be applied after:
the Parties have reached a mutually agreed solution pursuant to Article 398 of this Agreement;
the Parties have agreed that the measure notified under Article 392(1) of this Agreement brings the Party complained against in conformity with the provisions referred to in Article 381 of this Agreement; or
any measure found to be inconsistent with the provisions referred to in Article 381 of this Agreement has been withdrawn or amended so as to bring it in conformity with those provisions, as ruled under Article 392(1) of this Agreement.
Article 394
Remedies for urgent energy disputes
Article 395
Review of any measure taken to comply after the adoption of temporary remedies for non-compliance
Article 396
Replacement of arbitrators
If in an arbitration proceeding under this Chapter, the original arbitration panel, or some of its members, are unable to participate, withdraw, or need to be replaced because they do not comply with the requirements of the Code of Conduct set out in Annex XXXIV to this Agreement, the procedure set out in Article 385 of this Agreement shall apply. The time-limit for the notification of the arbitration panel ruling shall be extended for the time necessary for the appointment of a new arbitrator but for no more than 20 days.
Article 397
Suspension and termination of arbitration and compliance procedures
The arbitration panel shall, at the written request of the Parties, suspend its work at any time for a period agreed by the Parties not exceeding 12 consecutive months. The arbitration panel shall resume its work before the end of that period at the written request of the Parties or at the end of that period at the written request of any Party. The requesting Party shall inform the Chairperson of the Association Committee in Trade configuration, as set out in Article 438(4) of this Agreement, and the other Party, accordingly. If a Party does not request the resumption of the arbitration panel's work at the expiry of the agreed suspension period, the procedure shall be terminated. The suspension and termination of the arbitration panel's work are without prejudice to the rights of either Party in another proceeding subject to Article 405 of this Agreement.
Article 398
Mutually agreed solution
The Parties may reach a mutually agreed solution to a dispute under this Chapter at any time. They shall jointly notify the Association Committee in Trade configuration, as set out in Article 438(4) of this Agreement, and the chairperson of the arbitration panel, where applicable, of any such solution. If the solution requires approval pursuant to the relevant domestic procedures of either Party, the notification shall refer to this requirement, and the dispute settlement procedure shall be suspended. If such approval is not required, or if the completion of any such domestic procedures is notified, the dispute settlement procedure shall be terminated.
Article 399
Rules of procedure
Article 400
Information and technical advice
At the request of a Party, or upon its own initiative, the arbitration panel may obtain any information it deems appropriate for the arbitration panel proceeding from any source, including the Parties involved in the dispute. The arbitration panel also has the right to seek the opinion of experts, as it deems appropriate. The arbitration panel shall consult the Parties before choosing such experts. Natural or legal persons established in the territory of a Party may submit amicus curiae briefs to the arbitration panel in accordance with the Rules of Procedure. Any information obtained under this Article shall be disclosed to each of the Parties and submitted for their comments.
Article 401
Rules of interpretation
The arbitration panel shall interpret the provisions referred to in Article 381 of this Agreement in accordance with customary rules of interpretation of public international law, including those codified in the Vienna Convention of 1969 on the Law of Treaties. The arbitration panel shall also take into account relevant interpretations established in reports of panels and of the Appellate Body adopted by the WTO Dispute Settlement Body (DSB). The rulings of the arbitration panel cannot add to or diminish the rights and obligations of the Parties provided under this Agreement.
Article 402
Decisions and rulings of the arbitration panel
Article 403
Referrals to the Court of Justice of the European Union
Article 404
Lists of arbitrators