21998A0624(01)
Partnership and Cooperation Agreement between the European
Communities and their Member States and the Republic of Moldova -
Protocol on mutual assistance between administrative authorities in
customs matters - Final Act - Joint Declarations - Exchange of
Letters
Dates:
OF DOCUMENT: 28/11/1994
OF EFFECT: 01/07/1998; ENTRY INTO FORCE SEE ART 105 AND
398D0401
OF SIGNATURE: 28/11/1994; BRUSSELS
OF END OF VALIDITY: 99/99/9999
Authentic language: THE OFFICIAL LANGUAGES ; GERMAN ; ENGLISH ;
DANISH ; SPANISH ; FRENCH ; ITALIAN ; GREEK ; DUTCH ; PORTUGUESE ;
OTHER THAN COMMUNITY LANGUAGE ; MOLDOVAN ; SWEDISH ; FINNISH
Author:
EUROPEAN COMMUNITY ; EUROPEAN COAL AND STEEL COMMUNITY ; EUROPEAN
ATOMIC ENERGY COMMUNITY ; THE 12 MEMBER STATES ; BELGIUM ; DENMARK ;
FEDERAL REPUBLIC OF GERMANY ; GREECE ; SPAIN ; FRANCE ; IRELAND ;
ITALY ; LUXEMBOURG ; NETHERLANDS ; PORTUGAL ; UNITED KINGDOM ;
MOLDOVA
Subject matter: EXTERNAL RELATIONS ; COOPERATION ; PROVISIONS UNDER
ARTICLE 235 EEC ; PROVISIONS IMPLEMENTING ARTICLE 95 - ECSC
Directory code: 11401030
EUROVOC descriptor: cooperation policy ; EC agreement ; EC
cooperation agreement ; Republic of Moldova
Legal basis:
192E054-P2................ ADOPTION
192E057-P2F3.............. ADOPTION
192E066................... ADOPTION
192E073C-P2............... ADOPTION
192E075................... ADOPTION
192E084-P2................ ADOPTION
192E099................... ADOPTION
192E100................... ADOPTION
192E113................... ADOPTION
192E235................... ADOPTION
192E228-P2F2.............. ADOPTION
192E228-P3L2.............. ADOPTION
151K095................... ADOPTION
157A101-L2................ ADOPTION
Instruments cited:
185I077...................
185I081...................
185I244...................
185I249...................
185I280...................
279A0412(06)..............
294A1223(09)..............
294A1223(16)..............
294A1231(51)..............
294A1223(03)..............
294A0517(12)..............
393D0246..................
396R1279..................
Amendment to:
290A0315(01)...... AMENDMENT..... PARTIAL REPLACEMENT FR 01/07/1998
Amended by:
ADOPTED-BY.... 398D0401..........
LINKED-TO..... 200A1109(03)......
PARTNERSHIP AND COOPERATION AGREEMENT between the European
Communities and their Member States and the Republic of Moldova
PARTNERSHIP AND COOPERATION AGREEMENT establishing a partnership
between the European Communities and their Member States, of the one
part, and the Republic of Moldova, of the other part
THE KINGDOM OF BELGIUM,
THE KINGDOM OF DENMARK,
THE FEDERAL REPUBLIC OF GERMANY,
THE HELLENIC REPUBLIC,
THE KINGDOM OF SPAIN,
THE FRENCH REPUBLIC,
IRELAND,
THE ITALIAN REPUBLIC,
THE GRAND DUCHY OF LUXEMBOURG,
THE KINGDOM OF THE NETHERLANDS,
THE PORTUGUESE REPUBLIC,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
Contracting Parties to the Treaty establishing the European
Community, the Treaty establishing the European Coal and Steel
Community, and the Treaty establishing the European Atomic Energy
Community,
hereinafter referred to as 'Member States`, and
the EUROPEAN COMMUNITY, the EUROPEAN COAL AND STEEL COMMUNITY, and
the EUROPEAN ATOMIC ENERGY COMMUNITY,
hereinafter referred to as 'the Community`,
of the one part,
and the REPUBLIC OF MOLDOVA
of the other part,
CONSIDERING the links between the Community, its Member States and
the Republic of Moldova and the common values that they share,
RECOGNISING that the Community and the Republic of Moldova wish to
strengthen these links and to establish partnership and cooperation
which would strengthen and widen the relations established in the
past in particular by the Agreement between the European Economic
Community and the European Atomic Energy Community and the Union of
Soviet Socialist Republics on trade and commercial and economic
cooperation, signed on 18 December 1989,
CONSIDERING the commitment of the Community and its Member States
and of the Republic of Moldova to strengthening the political and
economic freedoms which constitute the very basis of the
partnership,
CONSIDERING the commitment of the Parties to promote international
peace and security as well as the peaceful settlement of disputes
and to cooperate to this end in the framework of the United Nations
and the Conference on Security and Cooperation in Europe,
CONSIDERING the firm commitment of the Community and its Member
States and of the Republic of Moldova to the full implementation of
all principles and provisions contained in the Final Act of the
Conference on Security and Cooperation in Europe (CSCE), the
concluding documents of the Madrid and Vienna follow-up meetings,
the document of the CSCE Bonn Conference on economic cooperation,
the Charter of Paris for a new Europe and the CSCE Helsinki document
1992 'The challenges of change`,
RECOGNISING in that context that support of independence,
sovereignty and territorial integrity of the Republic of Moldova
will contribute to the safeguarding of peace and stability in the
region of central and eastern Europe and on the European continent
as a whole,
CONFIRMING the attachment of the Community and its Member States and
of the Republic of Moldova to the European Energy Charter and to the
Declaration of the Lucerne Conference of April 1993,
CONVINCED of the paramount importance of the rule of law and respect
for human rights, particularly those of minorities, the
establishment of a multiparty system with free and democratic
elections and economic liberalisation aimed at setting up a market
economy,
RECOGNISING the efforts of the Republic of Moldova to create
political and economic systems, which respect the rule of law and
human rights, including the rights of persons belonging to
minorities and that the Republic of Moldova operates a multiparty
system with free and democratic elections, and provides for economic
liberalisation,
BELIEVING that full implementation of this Partnership and
Cooperation Agreement will both depend on and contribute to
continuation and accomplishment of the political, economic and legal
reforms in the Republic of Moldova, as well as the introduction of
the factors necessary for cooperation, notably in the light of the
conclusions of the CSCE Bonn Conference,
DESIROUS of encouraging the process of regional cooperation in the
areas covered by this Agreement with the neighbouring countries in
order to promote the prosperity and stability of the region,
DESIROUS of establishing and developing regular political dialogue
on bilateral and international issues of mutual interest,
TAKING ACCOUNT of the Community's willingness to provide for
economic cooperation and technical assistance as appropriate,
BEARING IN MIND the utility of the Agreement in favouring a gradual
rapprochement between the Republic of Moldova and a wider area of
cooperation in Europe and neighbouring regions and of the Republic
of Moldova's progressive integration into the open international
trading system,
CONSIDERING the commitment of the Parties to liberalise trade, based
on the principles contained in the General Agreement on Tariffs and
Trade (GATT),
WELCOMING AND RECOGNISING the importance of the Republic of
Moldova's efforts, aimed at transition of its economy away from a
state trading country with a centrally planned economy into a market
economy,
CONSCIOUS of the need to improve conditions affecting business and
investment, and conditions in areas such as enterprises, labour,
provision of services and capital movements,
CONVINCED that this Agreement will create a new climate for economic
relations between the Parties and in particular for the development
of trade and investment, which are essential to economic
restructuring and technological modernisation,
DESIROUS of establishing close cooperation in the area of
environment protection taking into account the interdependence
existing between the Parties in this field,
DESIROUS of developing cultural cooperation and improving the flow
of information,
HAVE AGREED AS FOLLOWS:
Article 1
A Partnership is hereby established between the Community and its
Member States of the one part, and the Republic of Moldova of the
other part. The objectives of this Partnership are:
- to provide an appropriate framework for the political dialogue
between the Parties allowing the development of political relations,
- to promote trade and investment and harmonious economic relations
between the Parties and so to foster their sustainable economic
development,
- to provide a basis for legislative, economic, social, financial,
and cultural cooperation,
- to support efforts of the Republic of Moldova to consolidate its
democracy and to develop its economy and to complete the transition
into a market economy.
TITLE I GENERAL PRINCIPLES
Article 2
Respect for democracy, principles of international law, and human
rights as defined in particular in the Helsinki Final Act and the
Charter of Paris for a new Europe, as well as the principles of
market economy, including those enunciated in the documents of the
CSCE Bonn Conference, underpin the internal and external policies of
the Parties and constitute an essential element of partnership and
of this Agreement.
Article 3
The Parties consider that it is essential for the future prosperity
and stability of the region of the former Soviet Union that the
newly independent states which have emerged from the dissolution of
the Union of Soviet Socialist Republics, (hereinafter called
'Independent States`), should maintain and develop cooperation among
themselves in compliance with the principles of the Helsinki Final
Act and with international law and in the spirit of good neighbourly
relations, and will make every effort to encourage this process.
Article 4
The Parties undertake to consider, in particular when the Republic
of Moldova has further advanced in the process of economic reform,
developments of the relevant Titles of this Agreement, in particular
Title III and Article 48, with a view to the establishment of a free
trade area between them. The Cooperation Council referred to in
Article 82 may make recommendations on such developments to the
Parties. Such developments shall only be put into effect by virtue
of an agreement between the Parties in accordance with their
respective procedures. The Parties shall consult each other in the
year 1998 as to whether circumstances, and in particular the
Republic of Moldova's advances in market-oriented economic reforms
and the economic conditions prevailing there at that time, allow the
beginning of negotiations on the establishment of a free trade area.
Article 5
The Parties undertake to examine together, by mutual consent,
amendments which it may be appropriate to make to any part of the
Agreement in view of changes in circumstances, and in particular of
the situation arising from the Republic of Moldova's accession to
GATT. The first examination shall take place three years after the
entry into force of the Agreement or when the Republic of Moldova
becomes a Contracting Party of GATT, whichever is earlier.
TITLE II POLITICAL DIALOGUE
Article 6
A regular political dialogue shall be established between the
Parties which they intend to develop and intensify. It shall
accompany and consolidate the rapprochement between the Community
and the Republic of Moldova, support the political and economic
changes underway in that country and contribute to the establishment
of new forms of cooperation. The political dialogue:
- shall strengthen the links of the Republic of Moldova with the
Community, and thus with the Community of democratic nations. The
economic convergence achieved through this Agreement will lead to
more intense political relations,
- shall bring about an increasing convergence of positions on
international issues of mutual concern, thus increasing security and
stability,
- shall foresee that the Parties endeavour to cooperate on matters
pertaining to the strengthening of stability and security in Europe,
the observance of the principles of democracy, the respect and
promotion of human rights, particularly those of minorities and
shall hold consultations, if necessary, on the relevant matters.
Article 7
At ministerial level, political dialogue shall take place within the
Cooperation Council and on other occasions by mutual agreement.
Article 8
Other procedures and mechanisms for political dialogue shall be set
up by the Parties, and in particular in the following forms:
- regular meetings at the level of senior officials between
representatives of the Republic of Moldova, and representatives of
the Community,
- taking full advantage of diplomatic channels between the parties
including appropriate contacts in the bilateral as well as the
multilateral field, such as the United Nations, CSCE meetings and
elsewhere,
- exchanging information on matters of mutual interest concerning
political cooperation in Europe,
- any other means, which would contribute to consolidating and
developing this political dialogue.
Article 9
Political dialogue at parliamentary level shall take place within
the framework of the Parliamentary Cooperation Committee established
under Article 87.
TITLE III TRADE IN GOODS
Article 10
1. The Parties shall accord to one another most-favoured-nation
treatment in all areas in respect of:
- customs duties and charges applied to imports and exports,
including the method of collecting such duties and charges,
- provisions relating to customs clearance, transit, warehouses and
transhipment,
- taxes and other internal charges of any kind applied directly or
indirectly to imported goods,
- methods of payment and the transfer of such payments,
- the rules relating to the sale, purchase, transport, distribution,
and use of goods on the domestic market.
2. The provisions of paragraph 1 shall not apply to:
(a) advantages granted with the aim of creating a customs union or a
free-trade area or pursuant to the creation of such a union or area;
(b) advantages granted to particular countries in accordance with
the GATT and with other international arrangements in favour of
developing countries;
(c) advantages accorded to adjacent countries in order to facilitate
frontier traffic.
3. The provisions of paragraph 1 and Article 11(3) shall not apply,
during a transitional period expiring on the date of the Republic of
Moldova acceding to GATT or on 31 December 1998, whichever is
earlier, to advantages defined in Annex I granted by the Republic of
Moldova to other independent states as from the day preceding the
date of entry into force of the Agreement.
Article 11
1. The Parties agree that the principle of free transit of goods is
an essential condition of attaining the objectives of this
Agreement.
2. In this connection each Party shall provide for unrestricted
transit via or through its territory of goods originating in the
customs territory or destined for the customs territory of the other
Party.
3. The rules described in Article V, paragraphs 2, 3, 4 and 5 of the
GATT are applicable between the two Parties.
4. The rules contained in this Article are without prejudice to any
special rules relating to specific sectors, in particular such as
transport, or products agreed between the Parties.
Article 12
Without prejudice to the rights and obligations stemming from
international conventions on the temporary admission of goods which
bind both Parties, each Party shall furthermore grant the other
Party exemption from import charges and duties on goods admitted
temporarily, in the instances and according to the procedures
stipulated by any other international convention on this matter
binding upon it, in conformity with its legislation. Account shall
be taken of the conditions under which the obligations stemming from
such a convention have been accepted by the Party in question.
Article 13
Goods originating in the Republic of Moldova and the Community
respectively shall be imported into the Community and the Republic
of Moldova respectively free of quantitative restrictions without
prejudice to Articles 17, 20, 21, to the provisions of Annex II of
this Agreement, and to the provisions of Articles 77, 81, 244, 249
and 280 of the Act of Accession of Spain and Portugal to the
European Community.
Article 14
1. The products of the territory of one Party imported into the
territory of the other Party shall not be subject, directly or
indirectly, to internal taxes or other internal charges of any kind
in excess of those applied, directly or indirectly, to like domestic
products.
2. Moreover, these products shall be accorded treatment no less
favourable than that accorded to like products of national origin in
respect of all laws, regulations and requirements affecting their
internal sale, offering for sale, purchase, transportation,
distribution or use. The provision of this paragraph shall not
prevent the application of differential internal transportation
charges which are based exclusively on the economic operation of the
means of transport and not on the nationality of the product.
Article 15
The following Articles of the GATT shall be applicable mutatis
mutandis between the two Parties:
(i) Article VII, paragraphs 1, 2, 3, 4a, 4b, 4d, 5;
(ii) Article VIII;
(iii) Article IX;
(iv) Article X.
Article 16
Goods shall be treated between the Parties at market-related prices.
Article 17
1. Where any product is being imported into the territory of one of
the Parties in such increased quantities and under such conditions
as to cause or threaten to cause substantial injury to domestic
producers of like or directly competitive products, the Community or
the Republic of Moldova, whichever is concerned, may take
appropriate measures in accordance with the following procedures and
conditions.
2. Before taking any measures, or in cases to which paragraph 4
applies as soon as possible thereafter, the Community or the
Republic of Moldova, as the case may be, shall supply the
Cooperation Committee with all relevant information with a view to
seeking a solution acceptable to both Parties.
3. If, as a result of the consultations, the Parties do not reach
agreement, within 30 days of referral to the Cooperation Committee,
on actions to avoid the situation, the Party which requested
consultations shall be free to restrict imports of the products
concerned to the extent and for such time as is necessary to prevent
or remedy the injury, or to adopt other appropriate measures.
4. In critical circumstances where delay would cause damage
difficult to repair, the Parties may take the measures before the
consultations, on the condition that consultations shall be offered
immediately after taking such action.
5. In the selection of measures under this Article, the Contracting
Parties shall give priority to those which cause least disturbance
to the achievement of the aims of this Agreement.
Article 18
Nothing in this Title, and in Article 17 in particular shall
prejudice or affect in any way the taking, by either Party, of
anti-dumping or countervailing measures in accordance with Article
VI of the GATT, the Agreement on implementation of Article VI of the
GATT, the Agreement on interpretation and application of Articles
VI, XVI and XXIII of the GATT or related internal legislation.
In respect of anti-dumping or subsidies investigations, each Party
agrees to examine submissions by the other Party and to inform the
interested parties concerned of the essential facts and
considerations on the basis of which a final decision is to be made.
Before definitive anti-dumping and countervailing duties are
imposed, the Parties shall do their utmost to bring about a
constructive solution to the problem.
Article 19
The Agreement shall not preclude prohibitions or restrictions on
imports, exports or goods in transit justified on grounds of public
morality, public policy or public security; the protection of health
and life of humans, animals or plants; the protection of natural
resources; the protection of national treasures of artistic,
historic or archaeological value or the protection of intellectual,
industrial and commercial property or rules relating to gold and
silver. Such prohibitions or restrictions shall not, however,
constitute a means of arbitrary discrimination or a disguised
restriction on trade between the Parties.
Article 20
This Title shall not apply to trade in textile products falling
under Chapters 50 to 63 of the Combined Nomenclature. Trade in these
products shall be governed by a separate agreement, initialled on 14
May 1993 and applied provisionally since 1 January 1993.
Article 21
1. Trade in products covered by the Treaty establishing the European
Coal and Steel Community shall be governed by the provisions of this
Title, with the exception of Article 13.
2. A contact group on coal and steel matters shall be set up,
comprising representatives of the Community on the one hand, and
representatives of the Republic of Moldova on the other.
The contact group shall exchange, on a regular basis, information on
all coal and steel matters of interest to the Parties.
Article 22
Trade in nuclear items will be conducted in accordance with the
provisions of the Treaty establishing the European Atomic Energy
Community. If necessary, trade in nuclear materials shall be subject
to the provisions of a specific agreement to be concluded between
the European Atomic Energy Community and the Republic of Moldova.
TITLE IV PROVISIONS AFFECTING BUSINESS AND INVESTMENT
CHAPTER I LABOUR CONDITIONS
Article 23
1. Subject to the laws, conditions and procedures applicable in each
Member State, the Community and the Member States shall endeavour to
ensure that the treatment accorded to Moldovan nationals legally
employed in the territory of a Member State shall be free from any
discrimination based on nationality, as regards working conditions,
remuneration or dismissal, as compared to its own nationals.
2. Subject to the laws, conditions and procedures applicable in the
Republic of Moldova, the Republic of Moldova shall endeavour to
ensure that the treatment accorded to nationals of a Member State
legally employed in the territory of the Republic of Moldova shall
be free from any discrimination based on nationality, as regards
working conditions, remuneration or dismissal, as compared to its
own nationals.
Article 24 Coordination of social security
The Parties shall conclude agreements in order:
(i) to adopt, subject to the conditions and modalities applicable in
each Member State, the provisions necessary for the coordination of
social security systems for workers of Moldovan nationality, legally
employed in the territory of a Member State. These provisions will
in particular ensure that:
- all periods of insurance, employment or residence completed by
such workers in the various Member States shall be added together
for the purpose of pensions in respect of old age, invalidity and
death and for the purpose of medical care for such workers,
- any pensions in respect of old age, death, industrial accident or
occupational disease, or of invalidity resulting therefrom, with the
exception of the special non-contributory benefits, shall be freely
transferable at the rate applied by virtue of the law of the debtor
Member State or States;
(ii) to adopt, subject to the conditions and modalities applicable
in the Republic of Moldova, the provisions necessary to accord to
workers who are nationals of a Member State and legally employed in
the Republic of Moldova, treatment similar to that specified in the
second indent of paragraph (i).
Article 25
The measures to be taken in accordance with Article 24 shall not
affect any rights or obligations arising from bilateral agreements
linking the Republic of Moldova and the Member States where those
agreements provide for more favourable treatment of nationals of the
Republic of Moldova or of the Member States.
Article 26
The Cooperation Council shall examine which joint efforts can be
made to control illegal immigration, taking into account the
principle and practice of readmission.
Article 27
The Cooperation Council shall examine which improvements can be made
in working conditions for business people consistent with the
international commitments of the Parties, including those set out in
the document of the CSCE Bonn Conference.
Article 28
The Cooperation Council shall make recommendations for the
implementation of Articles 23, 26 and 27.
CHAPTER II CONDITIONS AFFECTING THE ESTABLISHMENT AND OPERATION OF
COMPANIES
Article 29
1. (a) The Community and its Member States shall grant for the
establishment of Republic of Moldovan companies in their territories
treatment no less favourable than that accorded to companies of any
third country, and this in conformity with their legislation and
regulations.
(b) Without prejudice to the reservations listed in Annex IV, the
Community and its Member States shall grant to subsidiaries of
Moldovan companies established in their territories a treatment no
less favourable than that granted to any Community companies, in
respect of their operation, and this in conformity with their
legislation and regulations.
(c) The Community and its Member States shall grant to branches of
Moldovan companies established in their territories treatment no
less favourable than that accorded to branches of companies of any
third country, in respect of their operation, and this in conformity
with their legislation and regulations.
2. (a) Without prejudice to the reservations listed in Annex V, the
Republic of Moldova shall grant for the establishment of Community
companies in its territory, treatment no less favourable than that
accorded to its own companies or to companies of any third country
whichever is the better, and this in conformity with its legislation
and regulations.
(b) The Republic of Moldova shall grant to subsidiaries and branches
of Community companies, established in its territory, treatment no
less favourable than that accorded to its own companies or branches
respectively or to companies or branches of any third country
respectively, whichever is the better, in respect of their
operations, and this in conformity with its legislation and
regulations.
3. The provisions of paragraphs 1 and 2 cannot be used so as to
circumvent a Party's legislation and regulations applicable to
access to specific sectors or activities by subsidiaries of
companies of the other Party established in the territory of such
first Party.
The treatment referred to in paragraph 1 and 2 shall benefit
companies established in the Community and the Republic of Moldova
respectively at the date of entry into force of this Agreement and
companies established after that date once they are established.
Article 30
1. The provisions of Article 29 shall not apply to air transport,
inland waterways transport and maritime transport, without prejudice
to the provisions of Article 101.
2. However, in respect of activities undertaken by shipping agencies
for the provision of international maritime transport services,
including intermodal activities involving a sea leg, each Party
shall permit to the companies of the other Party their commercial
presence in its territory in the form of subsidiaries or branches,
under conditions of establishment and operation no less favourable
than those accorded to its own companies or to subsidiaries or
branches of companies of any third country, whichever are the
better.
Such activities include, but are not limited to:
(a) marketing and sales of maritime transport and related services
through direct contact with customers, from quotation to invoicing,
whether these services are operated or offered by the service
supplier itself or by service suppliers with which the service
seller has established standing business arrangements;
(b) purchase and use, on their own account or on behalf of their
customers (and the resale to their customers) of any transport and
related services, including inward transport services by any mode,
particularly inland waterways, road and rail, necessary for the
supply of an integrated service;
(c) preparation of documentation concerning transport documents,
customs documents, or other documents related to the origin and
character of the goods transported;
(d) provision of business information by any means, including
computerised information systems and electronic data interchange
(subject to any non-discriminatory restrictions concerning
telecommunications);
(e) setting up of any business arrangement, including participation
in the company's stock and the appointment of personnel recruited
locally (or, in the case of foreign personnel, subject to the
relevant provisions of this Agreement), with any locally established
shipping agency;
(f) acting on behalf of the companies, organising the call of the
ship or taking over cargoes when required.
Article 31
For the purposes of this Agreement:
(a) a 'Community company` or a 'Moldovan company` respectively shall
mean a company set up in accordance with the laws of a Member State
or of the Republic of Moldova respectively and having its registered
office or central administration or principal place of business in
the territory of the Community or the Republic of Moldova
respectively. However, should the company, set up in accordance with
the laws of a Member State or the Republic of Moldova respectively,
have only its registered office in the territory of the Community or
the Republic of Moldova respectively, the company shall be
considered a Community or Moldovan company respectively if its
operations possess a real and continuous link with the economy of
one of the Member States or the Republic of Moldova respectively;
(b) 'subsidiary` of a company shall mean a company which is
effectively controlled by the first company;
(c) 'branch` of a company shall mean 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 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;
(d) 'establishment` shall mean the right of Community or Moldovan
companies as referred to in point (a) to take up economic activities
by means of the setting up of subsidiaries and branches in the
Republic of Moldova or in the Community respectively;
(e) 'operation` shall mean the pursuit of economic activities;
(f) 'economic activities` shall mean activities of an industrial,
commercial and professional character.
With regard to international maritime transport, including
intermodal operations involving a sea leg, nationals of the Member
States or of the Republic of Moldova established outside the
Community or the Republic of Moldova respectively, and shipping
companies established outside the Community or the Republic of
Moldova and controlled by nationals of a Member State or Moldovan
nationals respectively shall also be beneficiaries of the provisions
of this Chapter and Chapter III, if their vessels are registered in
that Member State or in the Republic of Moldova respectively in
accordance with their respective legislations.
Article 32
1. Notwithstanding any other provisions of the Agreement, a Party
shall not be prevented from taking measures for prudential reasons,
including for the protection of investors, depositors, policy
holders or persons to whom a fiduciary duty is owned by a financial
service supplier, or to ensure the integrity and stability of the
financial system. Where such measures do not conform with the
provisions of the Agreement, they shall not be used as a means of
avoiding the obligations of a Party under the Agreement.
2. Nothing in the Agreement shall be construed to require a Party to
disclose information relating to the affairs and accounts of
individual customers or any confidential or proprietary information
in the possession of public entities.
Article 33
The provisions of this Agreement shall not prejudice the application
by each Party of any measure necessary to prevent the circumvention
of its measures concerning third country access to its market,
through the provisions of this Agreement.
Article 34
1. Notwithstanding the provisions of Chapter I, a Community company
or a Moldovan company established in the territory of the Republic
of Moldova or the Community respectively shall be entitled to
employ, or have employed by one of its subsidiaries or branches, in
accordance with the legislation in force in the host country of
establishment, in the territory of the Republic of Moldova and the
Community respectively, employees who are nationals of Community
Member States and the Republic of Moldova respectively, provided
that such employees are key personnel as defined in paragraph 2, and
that they are employed exclusively by companies, subsidiaries or
branches. The residence and work permits of such employees shall
only cover the period of such employment.
2. Key personnel of the abovementioned companies herein referred to
as 'organisations` are 'intra-corporate transferees` as defined in
(c) in the following categories, provided that the organisation is a
legal person and that the persons concerned have been employed by it
or have been partners in it (other than as majority shareholders),
for at least the year immediately preceding such movement:
(a) persons working in a senior position with an organisation, who
primarily direct the management of the establishment, receiving
general supervision or direction principally from the board of
directors or stockholders of the business or their equivalent,
including:
- directing the establishment or a department or subdivision of the
establishment,
- supervising and controlling the work of other supervisory,
professional or managerial employees,
- having the authority personally to engage and dismiss or recommend
engaging, dismissing or other personnel actions;
(b) persons working within an organisation who possess uncommon
knowledge essential to the establishment's service, research
equipment, techniques or management. The assessment of such
knowledge may reflect, apart from knowledge specific to the
establishment, a high level of qualification referring to a type of
work or trade requiring specific technical knowledge, including
membership of an accredited profession;
(c) an 'intra-corporate transferee` is defined as a natural person
working within an organisation in the territory of a Party, and
being temporarily transferred in the context of pursuit of economic
activities in the territory of the other Party; the organisation
concerned must have its principal place of business in the territory
of a Party and the transfer be to an establishment (branch,
subsidiary) of that organisation, effectively pursuing like economic
activities in the territory of the other Party.
Article 35
1. The Parties shall use their best endeavours to avoid taking any
measures or actions which render the conditions for the
establishment and operation of each other's companies more
restrictive than the situation existing on the day preceding the
date of signature of the Agreement.
2. The provisions of this Article are without prejudice to those of
Article 43: the situations covered by such Article 43 shall be
solely governed by its provisions to the exclusion of any other.
3. Acting in the spirit of partnership and cooperation and in light
of provisions contained in Article 50, the Government of the
Republic of Moldova shall inform the Community of its intentions to
submit new legislation or adopt new regulations which may render the
conditions for the establishment or operation in the Republic of
Moldova of subsidiaries and branches of Community companies more
restrictive than the situation existing on the day preceding the
date of signature of the Agreement. The Community may request the
Republic of Moldova to communicate the drafts of such legislation or
regulations and to enter into consultations about those drafts.
4. Where new legislation or regulations introduced in the Republic
of Moldova would result in rendering the conditions for
establishment of Community companies into its territory and for the
operation of subsidiaries and branches of Community companies
established in the Republic of Moldova more restrictive than the
situation existing on the day of signature of the Agreement, such
respective legislation or regulations shall not apply during three
years following the entry into force of the relevant act to those
subsidiaries and branches already established in the Republic of
Moldova at the time of entry into force of the relevant act.
CHAPTER III CROSS-BORDER SUPPLY OF SERVICES BETWEEN THE COMMUNITY
AND THE REPUBLIC OF MOLDOVA
Article 36
1. The Parties undertake in accordance with the provisions of this
Chapter to take the necessary steps to allow progressively the
cross-border supply of services by Community or Moldovan companies
which are established in a Party other than that of the person for
whom the services are intended, taking into account the development
of the services sectors in the Parties.
2. The Cooperation Council shall make recommendations for the
implementation of paragraph 1.
Article 37
The Parties shall cooperate with the aim of developing a
market-oriented service sector in the Republic of Moldova.
Article 38
1. The Parties undertake to apply effectively the principle of
unrestricted access to the international maritime market and traffic
on a commercial basis.
(a) The above provision does not prejudice the rights and
obligations arising from the United Nations Convention on a code of
conduct for liner conferences, as applicable to one or other
Contracting Party to this Agreement. Non-conference lines will be
free to operate in competition with a conference as long as they
adhere to the principle of fair competition on a commercial basis.
(b) The Parties affirm their commitment to a freely competitive
environment as being an essential feature of the dry and liquid bulk
trade.
2. In applying the principles of paragraph 1, the Parties shall:
(a) not apply, as from entry into force of this Agreement, any
cargo-sharing provisions of bilateral agreements between any Member
State of the Community and the former Soviet Union;
(b) not introduce cargo sharing clauses in future bilateral
agreements with third countries, other than in those exceptional
circumstances where liner shipping companies from one or other Party
to the present Agreement would not otherwise have an effective
opportunity to ply for trade to and from the third country
concerned;
(c) prohibit cargo sharing arrangements in future bilateral
agreements concerning dry and liquid bulk trade;
(d) abolish, upon entry into force of this Agreement, all unilateral
measures, administrative, technical and other obstacles which could
have restrictive or discriminatory effects on the free supply of
services in international maritime transport.
Each Party shall grant, inter alia, no less favourable treatment for
the ships operated by nationals or companies of the other Party,
than that accorded to a Party's own ships with regard to access to
ports open to international trade, the use of infrastructure and
auxiliary maritime services of the ports, as well as related fees
and charges, customs facilities and the assignment of berths and
facilities for loading and unloading.
3. Nationals and companies of the Community providing international
maritime transport services shall be free to provide international
sea-river services in the inland waterways of the Republic of
Moldova and vice versa.
Article 39
With a view to assuring a coordinated development of transport
between the Parties, adapted to their commercial needs, the
conditions of mutual market access and provision of services in
transport by road, rail and inland waterways and, if applicable, in
air transport may be dealt with by specific agreements where
appropriate negotiated between the Parties as defined in Article 96
after entry into force of this Agreement.
CHAPTER IV GENERAL PROVISIONS
Article 40
1. The provisions of this Title shall be applied subject to
limitations justified on grounds of public policy, public security
or public health.
2. They shall not apply to activities which in the territory of
either Party are connected, even occasionally, with the exercise of
official authority.
Article 41
For the purpose of this Title, nothing in this Agreement shall
prevent the Parties from applying their laws and regulations
regarding entry and stay, work, labour conditions and establishment
of natural persons and supply of services, provided that - in so
doing - they do not apply them in a manner as to nullify or impair
the benefits accruing to any Party under the terms of a specific
provision of the Agreement. The above provision does not prejudice
the application of Article 40.
Article 42
Companies which are controlled and exclusively owned by Moldovan
companies and Community companies jointly shall also be
beneficiaries of the provisions of Chapters II, III and IV.
Article 43
Treatment granted by either Party to the other hereunder shall, as
from the day one month prior to the date of entry into force of the
relevant obligations of the General Agreement on Trade in Services
(GATS), in respect of sectors or measures covered by the GATS, in no
case be more favourable than that accorded by such first Party under
the provisions of GATS and this in respect of each service sector,
subsector and mode of supply.
Article 44
For the purposes of Chapters II, III and IV, no account shall be
taken of treatment accorded by the Community, its Member States or
the Republic of Moldova pursuant to commitments entered into in
economic integration agreements in accordance with the principles of
Article V of the GATS.
Article 45
1. The most-favoured-nation treatment granted in accordance with the
provisions of this Title shall not apply to the tax advantages which
the Parties are providing or will provide in the future on the basis
of agreements to avoid double taxation, or other tax arrangements.
2. Nothing in this Title shall be construed to prevent the adoption
or enforcement by the Parties of any measure aimed at preventing the
avoidance or evasion of taxes pursuant to the tax provisions of
agreements to avoid double taxation and other tax arrangements, or
domestic fiscal legislation.
3. Nothing in this Title shall be construed to prevent Member States
or the Republic of Moldova from distinguishing, in the application
of the relevant provisions of their fiscal legislation, between
taxpayers who are not in identical situations, in particular as
regards their place of residence.
Article 46
Without prejudice to Article 34, no provision of Chapters II, III
and IV hereof shall be interpreted as giving the right to:
- nationals of the Member States or of the Republic of Moldova
respectively to enter, or stay in, the territory of the Republic of
Moldova or the Community respectively in any capacity whatsoever,
and in particular as a shareholder or partner in a company or
manager or employee thereof or supplier or recipient of services,
- Community subsidiaries or branches of Moldovan companies to employ
or have employed in the territory of the Community nationals of the
Republic of Moldova,
- Moldovan subsidiaries or branches of Community companies to employ
or have employed in the territory of Moldova nationals of the Member
States,
- Moldovan companies or Community subsidiaries or branches of
Moldovan companies to supply Moldovan persons to act for and under
the control of other persons by temporary employment contracts,
- Community companies or Moldovan subsidiaries or branches of
Community companies to supply workers who are nationals of the
Member States by temporary employment contracts.
TITLE V CURRENT PAYMENTS AND CAPITAL
Article 47
1. The Parties undertake to authorise in freely convertible
currency, any payments on the current account of balance of payments
between residents of the Community and of the Republic of Moldova
connected with the movement of goods, services or persons made in
accordance with the provisions of this Agreement.
2. With regard to transactions on the capital account of balance of
payments, from entry into force of the Agreement, the free movement
of capital relating to direct investments made in companies formed
in accordance with the laws of the host country and investments made
in accordance with the provisions of Chapter II of Title IV, and the
liquidation or repatriation of these investments and of any profit
stemming therefrom, shall be ensured.
3. Without prejudice to paragraph 2 or to paragraph 5, as from entry
into force of this Agreement, no new foreign exchange restrictions
on the movement of capital and current payments connected therewith
between residents of the Community and the Republic of Moldova shall
be introduced and the existing arrangements shall not become more
restrictive.
4. The Parties shall consult each other with a view to facilitating
the movement of forms of capital other than those referred to in
paragraph 2 between the Community and the Republic of Moldova, in
order to promote the objectives of this Agreement.
5. With reference to the provisions of this Article, until a full
convertibility of the Moldovan currency within the meaning of
Article VIII of the Articles of Agreement of the International
Monetary Fund (IMF) is introduced, the Republic of Moldova may in
exceptional circumstances apply exchange restrictions connected with
the granting or taking up of short and medium-term financial credits
to the extent that such restrictions are imposed on the Republic of
Moldova for the granting of such credits and are permitted according
to the Republic of Moldova's status under the IMF. The Republic of
Moldova shall apply these restrictions in a non-discriminatory
manner. They shall be applied in such a manner as to cause the least
possible disruption to this Agreement. The Republic of Moldova shall
inform the Cooperation Council promptly of the introduction of such
measures and of any changes therein.
6. Without prejudice to paragraphs 1 and 2, where, in exceptional
circumstances, movements of capital between the Community and the
Moldova cause, or threaten to cause, serious difficulties for the
operation of exchange rate policy or monetary policy in the
Community or the Republic of Moldova, the Community and the Republic
of Moldova, respectively, may take safeguard measures with regard to
movements of capital between the Community and the Republic of
Moldova for a period not exceeding six months if such measures are
strictly necessary.
TITLE VI COMPETITION, INTELLECTUAL, INDUSTRIAL AND COMMERCIAL
PROPERTY PROTECTION AND LEGISLATIVE COOPERATION
Article 48
1. The Parties agree to work to remedy or remove through the
application of their competition laws or otherwise, restrictions on
competition by enterprises or caused by State intervention insofar
as they may affect trade between the Community and the Republic of
Moldova.
2. In order to attain the objectives mentioned in paragraph 1:
2.1. The Parties shall ensure that they have and enforce laws
addressing restrictions on competition by enterprises within their
jurisdiction.
2.2. The Parties shall refrain from granting State aids favouring
certain undertakings or the production of goods other than primary
products as defined in the GATT, or the provision of services, which
distort or threaten to distort competition insofar as they affect
trade between the Community and the Republic of Moldova.
2.3. Upon request by one Party, the other Party shall provide
information on its aid schemes or on particular individual cases of
State aid. No information needs to be provided which is covered by
legislative requirements of the Parties on professional or
commercial secrets.
2.4. In the case of State monopolies of a commercial character, the
Parties declare their readiness, as from the fourth year from the
date of entry into force of their Agreement, to ensure that there is
no discrimination between nationals of the Parties regarding the
conditions under which goods are procured or marketed.
2.5. In the case of public undertakings or undertakings to which
Member States or the Republic of Moldova grant exclusive rights, the
Parties declare their readiness, as from the fourth year from the
date of entry into force of this Agreement, to ensure that there is
neither enacted nor maintained any measure distorting trade between
the Community and the Republic of Moldova to an extent contrary to
the Parties' respective interests. This provision shall not obstruct
the performance, in law or fact, of the particular tasks assigned to
such undertakings.
3. Consultations may take place within the Cooperation Committee at
the request of the Community or the Republic of Moldova on the
restrictions or distortions of competition referred to in paragraphs
1 and 2 and on the enforcement of their competition rules, subject
to limitations imposed by laws regarding disclosure of information,
confidentiality and business secrecy. Consultations may also
comprise questions on the interpretation of paragraphs 1 and 2.
4. The Parties with experience in applying competition rules shall
give full consideration to providing other Parties, upon request and
within available resources, technical assistance for the development
and implementation of competition rules.
5. The above provisions in no way affect the Parties' rights to
apply adequate measures, notably those referred to in Article 18, in
order to address distortions of trade in goods or services.
Article 491. Pursuant to the provisions of this Article and of Annex III, the
Republic of Moldova shall continue to improve the protection of
intellectual, industrial and commercial property rights in order to
provide, by the end of the fifth year after the entry into force of
the Agreement for a level of protection similar to that existing in
the Community, including effective means of enforcing such rights.
2. By the end of the fifth year after entry into force of the
Agreement, the Republic of Moldova shall accede to the multilateral
conventions on intellectual, industrial and commercial property
rights referred to in paragraph 1 of Annex III to which Member
States of the Community are parties or which are de facto applied by
Member States according to the relevant provisions contained in
these conventions.
Article 50
1. The Parties recognise that an important condition for
strengthening the economic links between the Republic of Moldova and
the Community is the approximation of the Republic of Moldova's
existing and future legislation to that of the Community. The
Republic of Moldova shall endeavour to ensure that its legislation
will be gradually made compatible with that of the Community.
2. The approximation of laws shall extend to the following areas in
particular: customs law, company law, banking law, company accounts
and taxes, intellectual property, protection of workers at the
workplace, financial services, rules on competition, public
procurement, protection of health and life of humans, animals and
plants, the environment, consumer protection, indirect taxation,
technical rules and standards, nuclear laws and regulations,
transport.
3. The Community shall provide the Republic of Moldova with
technical assistance as appropriate for the implementation of these
measures, which may include, inter alia:
- the exchange of experts,
- the provision of early information especially on relevant
legislation,
- organisation of seminars,
- training activities,
- aid for translation of Community legislation in the relevant
sectors.
TITLE VII ECONOMIC COOPERATION
Article 51
1. The Community and the Republic of Moldova shall establish
economic cooperation aimed at contributing to the process of
economic reform and recovery and sustainable development of the
Republic of Moldova. Such cooperation shall strengthen existing
economic links, to the benefit of both parties.
2. Policies and other measures will be designed to bring about
economic and social reforms and restructuring of the economic system
in the Republic of Moldova and will be guided by the requirements of
sustainability and harmonious social development; they will also
fully incorporate environmental considerations.
3. To this end the cooperation will concentrate on industrial
cooperation, investment promotion and protection, public
procurement, standards and conformity assessment, mining and raw
materials, science and technology, education and training,
agriculture and the agro-industrial sector, energy, environment,
transport, telecommunications, financial services, money laundering,
monetary policy, regional development, social cooperation, tourism,
small and medium-sized enterprises, information and communication,
consumer protection, customs, statistical cooperation, economics and
drugs.
4. Special attention shall be devoted to measures capable of
fostering cooperation between the Independent States with a view to
stimulating a harmonious development of the region.
5. Where appropriate, economic cooperation and other forms of
cooperation provided for in this Agreement may be supported by
technical assistance from the Community, taking into account the
Community's relevant Council regulation applicable to technical
assistance in the Independent States, the priorities agreed upon in
the indicative programme related to Community technical assistance
to the Republic of Moldova and its established coordination and
implementation procedures.
6. The Cooperation Council shall make recommendations as to the
development of cooperation in fields identified in paragraph 3.
Article 52 Industrial cooperation
1. Cooperation shall aim at promoting the following in particular:
- the development of business links between economic operators of
both sides, e.g. in view of the transfer of technologies and
know-how,
- Community participation in the Republic of Moldova's efforts to
restructure and technically upgrade its industry,
- the improvement of management,
- the development of appropriate commercial rules and practices,
including product marketing,
- environmental protection,
- adaptation of the structure of industrial production to the
standards of an advanced market economy,
- the conversion of the military-industrial complex.
2. The provisions of this Article shall not affect the enforcement
of Community competition rules applicable to undertakings.
Article 53 Investment promotion and protection
1. Bearing in mind the respective powers and competences of the
Community and the Member States, cooperation shall aim to establish
a favourable climate for investment, both domestic and foreign,
especially through better conditions for investment protection, the
transfer of capital and the exchange of information on investment
opportunities.
2. The particular aims of cooperation shall be:
- the conclusion, where appropriate, between the Member States and
the Republic of Moldova, of agreements for the promotion and
protection of investment,
- the conclusion, where appropriate, between the Member States and
the Republic of Moldova, of agreements to avoid double taxation,
- the creation of favourable conditions for attracting foreign
investments into the Moldovan economy,
- to establish stable and adequate business law and conditions, and
to exchange information on laws, regulations and administrative
practices in the field of investment,
- to exchange information on investment opportunities in the form
of, inter alia, trade fairs, exhibitions, trade weeks and other
events.
Article 54 Public procurement
The Parties shall cooperate to develop conditions for open and
competitive award of contracts for goods and services in particular
through calls for tenders.
Article 55 Cooperation in the field of standards and conformity
assessment
1. Cooperation between the Parties shall promote alignment with
internationally agreed criteria, principles and guidelines followed
in the field of standards and conformity assessment. The required
actions will facilitate progress towards mutual recognition in the
field of conformity assessment, as well as the improvement of
Moldovan product quality.
2. To this end they shall seek:
- to promote appropriate cooperation with organisations and
institutions specialised in these fields,
- to promote the use of Community technical regulations and the
application of European standards and conformity assessment
procedures,
- to permit the sharing of experience and technical information in
the field of quality management.
Article 56 Mining and raw materials
2. The cooperation shall focus in particular on the following areas:
- exchange of information on the developments in the mining and
non-ferrous metals sectors,
- the establishment of a legal framework for cooperation,
- trade matters,
- the development of legislative and other measures in the field of
environmental protection,
- training,
- safety in the mining industry.
Article 57 Cooperation in science and technology
1. The Parties shall promote cooperation in civil scientific
research and technological development (RTD) on the basis of mutual
benefit and, taking into account the availability of resources,
adequate access to their respective programmes and subject to
appropriate levels of effective protection of intellectual,
industrial and commercial property rights (IPR).
2. Science and technology cooperation shall cover:
- the exchange of scientific and technical information,
- joint RTD activities,
- training activities and mobility programmes for scientists,
researchers and technicians engaged in RTD in both sides.
Where such cooperation takes the form of activities involving
education and/or training, it should be carried out in accordance
with the provisions of Article 58.
The Parties, on the basis of mutual agreement, can engage in other
forms of cooperation in science and technology.
In carrying out such cooperation activities, special attention shall
be devoted to the redeployment of scientists, engineers, researchers
and technicians which are or have been engaged in research or/and
production of weapons of mass destruction.
3. The cooperation covered by this Article shall be implemented
according to specific arrangements to be negotiated and concluded in
accordance with the procedures adopted by each Party, and which
shall set out, inter alia, appropriate IPR provisions.
Article 58 Education and training
1. The Parties shall cooperate with the aim of raising the level of
general education and professional qualifications in the Republic of
Moldova, both in the public and private sectors.
2. The cooperation shall focus in particular on the following areas:
- updating higher education and training systems in the Republic of
Moldova including the system of certification of higher educational
establishments and diplomas of higher education,
- the training of public and private sector executives and civil
servants in priority areas to be determined,
- cooperation between educational establishments and between
educational establishments and firms,
- mobility for teachers, graduates, administrators, young scientists
and researchers, and young people,
- promoting teaching in the field of European studies within the
appropriate institutions,
- teaching Community languages,
- post-graduate training of conference interpreters,
- training journalists,
- training of trainers.
3. The possible participation of one Party in the respective
programmes in the field of education and training of the other Party
could be considered in accordance with their respective procedures
and, where appropriate, institutional frameworks and plans of
cooperation will then be established building on participation of
the Republic of Moldova in the Community's Tempus programme.
Article 59 Agriculture and the agro-industrial sector
The purpose of cooperation in this area shall be the pursuance of
agrarian reform; the modernisation, privatisation and restructuring
of agriculture, the agro-industrial and services sectors in the
Republic of Moldova; and the development of domestic and foreign
markets for Moldovan products, in conditions that ensure the
protection of the environment, and taking into account the necessity
to improve security of food supply. The Parties shall also aim at
the gradual approximation of Moldovan standards to Community
technical regulations concerning industrial and agricultural food
products including sanitary and phytosanitary standards.
Article 60 Energy
1. Cooperation shall take place within the principles of the market
economy and the European Energy Charter, against a background of the
progressive integration of the energy markets in Europe.
2. The cooperation shall include among others the following areas:
- the environmental impact of energy production supply and
consumption, in order to prevent or minimise the environmental
damage resulting from these activities,
- improvement of the quality and security of energy supply,
including diversification of suppliers, in an economic and
environmentally sound manner,
- formulation of energy policy,
- improvement in management and regulation of the energy sector in
line with a market economy,
- the introduction of the range of institutional, legal, fiscal and
other conditions necessary to encourage increased energy trade and
investment,
- promotion of energy saving and energy effectiveness,
- modernisation, development and diversification of energy
infrastructure,
- improvement of energy technologies in supply and end use across
the range of energy types,
- management and technical training in the energy sector.
Article 61 Environment
1. Bearing in mind the European Energy Charter and the Declaration
of the Lucerne Conference 1993, the Parties shall develop and
strengthen their cooperation on environment and human health.
2. Cooperation shall aim at combating the deterioration of the
environment and in particular:
- effective monitoring of pollution levels and assessment of
environment; system of information on the state of the environment,
- combating local, regional and transboundary air and water
pollution,
- ecological restoration,
- sustainable, efficient and environmentally effective production
and use of energy,
- safety of industrial plants,
- classification and safe handling of chemicals,
- water quality,
- waste reduction, recycling and safe disposal, implementation of
the Basle Convention,
- the environmental impact of agriculture, soil erosion, and
chemical pollution,
- the protection of forests,
- the conservation of biodiversity, protected areas and sustainable
use and management of biological resources,
- land-use planning, including construction and urban planning,
- use of economic and fiscal instruments,
- global climate change,
- environmental education and awareness,
- implementation of the Espoo Convention on environmental impact
assessment in a transboundary context.
3. Cooperation shall take place particularly through:
- planning for the handling of disasters and other emergency
situations,
- exchange of information and experts, including information and
experts dealing with the transfer of clean technologies and the safe
and environmentally sound use of biotechnologies,
- joint research activities,
- improvement of laws towards Community standards,
- cooperation at regional level, including cooperation within the
framework of the European Environment Agency, and at international
level,
- development of strategies, particularly with regard to global and
climatic issues and also in view of achieving sustainable
development,
- environmental impact studies.
Article 62 Transport
2. This cooperation shall, inter alia, aim at restructuring and
modernising transport systems and networks in the Republic of
Moldova and developing and ensuring, where appropriate,
compatibility of transportation systems in the context of achieving
a more global transport system.
The cooperation shall include, inter alia:
- the modernising of management and operations of road transport,
railways, ports and airports,
- modernisation and development of railways, waterways, road, port,
airport and air navigation infrastructure including the
modernisation of major routes of common interest and the
trans-European links for the above modes,
- promotion and development of multi-modal transport,
- the promotion of joint research and development programmes,
- preparation of the legislative and institutional framework for
policy development and implementation including privatisation of the
transport sector.
Article 63 Postal services and telecommunications
Within their respective powers and competences the Parties shall
expand and strengthen cooperation in the following areas:
- the establishment of policies and guidelines for the development
of the telecommunications sector and postal services,
- development of principles of a tariff policy and marketing in
telecommunications and postal services,
- encourage the development of projects for telecommunications and
postal services and attracting investment,
- enhancing efficiency and quality of the provision of
telecommunications and postal services, amongst others through
liberalisation of activities of sub-sectors,
- advanced application of telecommunications, notably in the area of
electronic funds transfer,
- management of telecommunications networks and their
'optimisation`,
- an appropriate regulatory basis for the provision of
telecommunications and postal services and for the use of a radio
frequency spectrum,
- training in the field of telecommunications and postal services
for operations in market conditions.
Article 64 Financial services
Cooperation shall in particular aim at facilitating the involvement
of the Republic of Moldova in universally accepted systems of mutual
settlements. Technical assistance shall focus on:
- the development of banking and financial services, the development
of a common market of credit resources, the involvement of the
Republic of Moldova in universally accepted systems of mutual
settlements,
- the development of the fiscal system, fiscal institutions in the
Republic of Moldova and the exchange of experience and personnel
training on fiscal matters,
- the development of insurance services, which would inter alia
create a favourable framework for the Community's companies'
participation in the establishment of joint ventures in the
insurance sector in the Republic of Moldova, as well as the
development of export credit insurance.
This cooperation shall in particular contribute to foster the
development of relations between the Republic of Moldova and the
Member States in the financial services sector.
Article 65 Monetary policy
At the request of the Moldovan authorities, the Community shall
provide technical assistance designed to support the efforts of the
Republic of Moldova towards the strengthening of its own monetary
system, achieving the eventual convertibility of its currency and
the gradual adjustment of its policies to those of the European
Monetary System. This will include informal exchange of views
concerning the principles and the functioning of the European
Monetary System.
Article 66 Money laundering
1. The Parties agree on the necessity of making efforts and
cooperating in order to prevent the use of their financial systems
for laundering of proceeds from criminal activities in general and
drug offences in particular.
2. Cooperation in this area shall include administrative and
technical assistance with the purpose of establishing suitable
standards against money laundering equivalent to those adopted by
the Community and international forums in this field, including the
Financial Action Task Force (FATF).
Article 67 Regional development
2. To this end, they shall encourage exchange of information by
national, regional and local authorities on regional and land-use
planning policy and on methods of formulation of regional policies
with special emphasis on the development of disadvantaged areas.
They shall also encourage direct contacts between the respective
regions and public organisations responsible for regional
development planning with the aim, inter alia, to exchange methods
and ways of fostering regional development.
Article 68 Social cooperation
1. With regard to health and safety, the parties shall develop
cooperation between them with the aim of improving the level of
protection of the health and safety of workers.
The cooperation shall include notably:
- education and training on health and safety issues with specific
attention to high risk sectors of activity,
- development and promotion of preventive measures to combat
work-related diseases and other work-related ailments,
- prevention of major accident hazards and the management of toxic
chemicals,
- research to develop the knowledge base in relation to working
environment and the health and safety of workers.
2. With regard to employment, the cooperation shall include notably
technical assistance in:
- optimisation of the labour market,
- modernisation of the job-finding and consulting services,
- planning and management of the restructuring programmes,
- encouragement of local employment development,
- exchange of information on the programmes of flexible employment,
including those stimulating self-employment and promoting
entrepreneurship.
3. The Parties shall pay special attention to cooperation in the
sphere of social protection which, inter alia, shall include
cooperation in planning and implementing social protection reforms
in the Republic of Moldova.
These reforms shall aim to develop in the Republic of Moldova
methods of protection intrinsic to market economies and shall
comprise all directions of social protection.
Article 69 Tourism
The Parties shall increase and develop cooperation between them,
which shall include:
- facilitating the tourist trade,
- cooperation between official tourism bodies,
- increasing the flow of information,
- transferring know-how,
- studying the opportunities for joint operations,
- training for tourism development.
Article 70 Small and medium-sized enterprises
1. The Parties shall aim to develop and strengthen small and
medium-sized enterprises and their associations and cooperation
between SMEs in the Community and the Republic of Moldova.
2. Cooperation shall include technical assistance, in particular in
the following areas:
- the development of a legislative framework for SMEs,
- the development of an appropriate infrastructure (an agency to
support SMEs, communications, assistance in the creation of a fund
for SMEs),
- the development of technology parks.
Article 71 Information and communication
The Parties shall support the development of modern methods of
information handling, including the media, and stimulate the
effective mutual exchange of information. Priority shall be given to
programmes aimed at providing the general public with basic
information about the Community, and the Republic of Moldova
including, where possible, mutual access to databases in full
respect of intellectual property rights.
Article 72 Consumer protection
The Parties will enter into close cooperation aimed at achieving
compatibility between their systems of consumer protection. This
cooperation may include the exchange of information on legislative
work and institutional reform, the establishment of permanent
systems of mutual information on dangerous products, the improvement
of information provided to consumers especially on prices,
characteristics of products and services offered, the development of
exchanges between the consumer interest representatives, increasing
the compatibility of consumer protection policies and the
organisation of seminars and training periods.
Article 73 Customs
1. The aim of cooperation shall be to guarantee compliance with all
the provisions scheduled for adoption in connection with trade and
fair trade and to achieve the approximation of the Republic of
Moldova's customs system to that of the Community.
2. Cooperation shall include the following in particular:
- the exchange of information,
- the improvement of working methods,
- the implementation of the Combined Nomenclature and the single
administrative document,
- the interconnection between the transit systems of the Community
and the Republic of Moldova,
- the simplification of inspections and formalities in respect of
the carriage of goods,
- the support in the introduction of modern customs information
systems,
- the organisation of seminars and training periods.
3. Without prejudice to further cooperation foreseen in this
Agreement, and in particular Article 76, the mutual assistance
between administrative authorities in customs matters of the Parties
shall take place in accordance with the provisions of the Protocol
attached to this Agreement.
Article 74 Statistical cooperation
Cooperation in this area shall have as its aim the development of an
efficient statistical system to provide the reliable statistics
needed to support and monitor the process of economic reform and
contribute to the development of private enterprise in the Republic
of Moldova.
The Parties, in particular, shall cooperate in the following fields:
- adaptation of the Moldovan statistical system to international,
methods, standards and classification,
- exchange of statistical information,
- provision of necessary statistical macro- and microeconomic
information to implement and manage economic reforms.
The Community shall contribute to this end by rendering technical
assistance to the Republic of Moldova.
Article 75 Economics
The Parties shall facilitate the process of economic reform and the
coordination of economic policies by cooperating to improve
understanding of the fundamentals of their respective economies and
the design and implementation of economic policy in market
economies. To this end the Parties shall exchange information on
macroeconomic performance and prospects.
The Community shall provide technical assistance so as to:
- assist the Republic of Moldova in the process of economic reform
by providing expert advisory and technical assistance,
- encourage cooperation among economists in order to expedite the
transfer of know-how for the drafting of economic policies, and
provide for wide dissemination of policy-relevant research.
Article 76 Drugs
Within the framework of their respective powers and competences the
Parties shall cooperate in increasing the effectiveness and
efficiency of policies and measures to counter the illicit
production, supply and traffic of narcotic drugs and psychotropic
substances, including the prevention of diversion of precursor
chemicals, as well as in promoting drug demand prevention and
reduction. The cooperation in this area shall be based on mutual
consultation and close coordination between the Parties over the
objectives and measures on the various drug-related fields.
TITLE VIII CULTURAL COOPERATION
Article 77
The Parties undertake to promote, encourage and facilitate cultural
cooperation. Where appropriate, the Community's cultural cooperation
programmes or those of one or more Member States may be the subject
of cooperation and further activities of mutual interest may be
developed.
TITLE IX FINANCIAL COOPERATION
Article 78
In order to achieve the objectives of this Agreement and in
accordance with Articles 79, 80 and 81 the Republic of Moldova shall
benefit from temporary financial assistance from the Community by
way of technical assistance in the form of grants to accelerate the
economic transformation of the Republic of Moldova.
Article 79
This financial assistance shall be covered within the framework of
TACIS foreseen in the Community's relevant Council regulation.
Article 80
The objectives and the areas of the Community's financial assistance
shall be laid down in an indicative programme reflecting established
priorities to be agreed between the two Parties taking into account
the Republic of Moldova's needs, sectoral absorption capacities and
progress with reform. The Parties shall inform the Cooperation
Council thereof.
Article 81
In order to permit optimum use of the resources available, the
Parties shall ensure that Community technical assistance
contributions are made in close coordination with those from other
sources such as the Member States, other countries, and
international organisations such as the International Bank for
Reconstruction and Development and the European Bank for
Reconstruction and Development, as well as the United Nations
Development Programme (UNDP) and the IMF.
TITLE X INSTITUTIONAL, GENERAL AND FINAL PROVISIONS
Article 82
A Cooperation Council is hereby established which shall supervise
the implementation of this Agreement. It shall meet at ministerial
level once a year. It shall examine any major issues arising within
the framework of the Agreement and any other bilateral or
international issues of mutual interest for the purpose of attaining
the objectives of this Agreement. The Cooperation Council may also
make appropriate recommendations, by agreement between the two
Parties.
Article 83
1. The Cooperation Council shall consist of the members of the
Council of the European Union and members of the Commission of the
European Communities, on the one hand, and of members of the
Government of the Republic of Moldova, on the other.
3. The office of President of the Cooperation Council shall be held
alternately by a representative of the Community and by a member of
the Government of the Republic of Moldova.
Article 84
1. The Cooperation Council shall be assisted in the performance of
its duties by a Cooperation Committee composed of representatives of
the members of the Council of the European Union and of members of
the Commission of the European Communities on the one hand and of
representatives of the Government of the Republic of Moldova on the
other, normally at senior civil servant level. The office of
President of the Cooperation Committee shall be held alternately by
the Community and by the Republic of Moldova.
In its rules of procedure the Cooperation Council shall determine
the duties of the Cooperation Committee, which shall include the
preparation of meetings of the Cooperation Council, and how the
Committee shall function.
2. The Cooperation Council may delegate any of its powers to the
Cooperation Committee, which will ensure continuity between meetings
of the Cooperation Council.
Article 85
The Cooperation Council may decide to set up any other special
committee or body that can assist it in carrying out its duties and
shall determine the composition and duties of such committees or
bodies and how they shall function.
Article 86
When examining any issue arising within the framework of this
Agreement in relation to a provision referring to an article of the
GATT, the Cooperation Council shall take into account to the
greatest extent possible the interpretation that is generally given
to the Article of the GATT in question by the Contracting Parties to
the GATT.
Article 87
A Parliamentary Cooperation Committee is hereby established. It
shall be a forum for Members of the Moldovan Parliament and the
European Parliament to meet and exchange views. It shall meet at
intervals which it shall itself determine.
Article 88
1. The Parliamentary Cooperation Committee shall consist of members
of the European Parliament, on the one hand, and of members of the
Moldovan Parliament, on the other.
3. The Parliamentary Cooperation Committee shall be presided in turn
by the European Parliament and the Moldovan Parliament respectively,
in accordance with the provisions to be laid down in its rules of
procedure.
Article 89
The Parliamentary Cooperation Committee may request relevant
information regarding the implementation of this Agreement from the
Cooperation Council, which shall then supply the Committee with the
requested information.
The Parliamentary Cooperation Committee shall be informed of the
recommendations of the Cooperation Council.
The Parliamentary Cooperation Committee may make recommendations to
the Cooperation Council.
Article 90
1. Within the scope of this Agreement, each Party undertakes to
ensure that natural and legal persons of the other Party have access
free of discrimination in relation to its own nationals to the
competent courts and administrative organs of the Parties to defend
their individual rights and their property rights, including those
concerning intellectual, industrial and commercial property.
2. Within the limits of their respective powers and competences, the
Parties:
- shall encourage the adoption of arbitration for the settlement of
disputes arising out of commercial and cooperation transactions
concluded by economic operators of the Community and those of the
Republic of Moldova,
- agree that where a dispute is submitted to arbitration, each Party
to the dispute may, except where the rules of the arbitration centre
chosen by the Parties provide otherwise, choose its own arbitrator,
irrespective of his nationality, and that the presiding third
arbitrator or the sole arbitrator may be a citizen of a third state,
- will recommend their economic operators to choose by mutual
consent the law applicable to their contracts,
- shall encourage recourse to the arbitration rules elaborated by
the United Nations Commission on International Trade Law (Uncitral)
and to arbitration by any centre of a state signatory to the
Convention on recognition and enforcement of foreign arbitral awards
done at New York on 10 June 1958.
Article 91
Nothing in the Agreement shall prevent a Party from taking any
measures:
(a) which it considers necessary to prevent the disclosure of
information contrary to its essential security interests;
(b) which relate to the production of, or trade in arms, munitions
or war materials or to research, development or production
indispensable for defence purposes, provided that such measures do
not impair the conditions of competition in respect of products not
intended for specifically military purposes;
(c) which it considers essential to its own security in the event of
serious internal disturbances affecting the maintenance of law and
order, in time of war or serious international tension constituting
threat of war or in order to carry out obligations it has accepted
for the purpose of maintaining peace and international security;
(d) which it considers necessary to respect its international
obligations and commitments in the control of dual-use industrial
goods and technology.
Article 92
1. In the fields covered by this Agreement and without prejudice to
any special provisions contained therein:
- the arrangements applied by the Republic of Moldova in respect of
the Community shall not give rise to any discrimination between the
Member States, their nationals or their companies or firms,
- the arrangements applied by the Community in respect of the
Republic of Moldova shall not give rise to any discrimination
between Moldovan nationals, or its companies or firms.
2. The provisions of paragraph 1 are without prejudice to the right
of the Parties to apply the relevant provisions of their legislation
to tax payers who are not in identical situations as regards their
place of residence.
Article 93
1. Each of the two Parties may refer to the Cooperation Council any
dispute relating to the application or interpretation of this
Agreement.
3. In the event of it not being possible to settle the dispute in
accordance with paragraph 2, either Party may notify the other of
the appointment of a conciliator; the other Party must then appoint
a second conciliator within two months. For the application of this
procedure, the Community and the Member States shall be deemed to be
one Party to the dispute.
The Cooperation Council shall appoint a third conciliator.
The conciliators' recommendations shall be taken by majority vote.
Such recommendations shall not be binding upon the Parties.
Article 94
The Parties agree to consult promptly through appropriate channels
at the request of either party to discuss any matter concerning the
interpretation or implementation of this Agreement and other
relevant aspects of the relations between the Parties.
The provisions of this Article shall in no way affect and are
without prejudice to Articles 17, 18, 93 and 99.
Article 95
Treatment granted to the Republic of Moldova hereunder shall in no
case be more favourable than that granted by the Member States to
each other.
Article 96
For the purposes of this Agreement, the term 'Parties` shall mean
the Republic of Moldova on the one part, and the Community, or the
Member States, or the Community and the Member States, in accordance
with their respective powers, on the other part.
Article 97
In so far as matters covered by this Agreement are covered by the
European Energy Charter Treaty and Protocols thereto, such Treaty
and Protocols shall upon entry into force apply to such matters but
only to the extent that such application is provided for therein.
Article 98
This Agreement is concluded for an initial period of 10 years. The
Agreement shall be automatically renewed year by year provided that
neither Party gives the other Party written notice of denunciation
of the Agreement six months before it expires.
Article 99
1. The Parties shall take any general or specific measures required
to fulfil their obligations under the Agreement. They shall see to
it that the objectives set out in the Agreement are attained.
2. If either Party considers that the other Party has failed to
fulfil an obligation under the Agreement, it may take the
appropriate measures. Before so doing, except in cases of special
urgency, it shall supply the Cooperation Council with all relevant
information required for a thorough examination of the situation
with a view to seeking a solution acceptable to the Parties.
In the selection of these measures, priority must be given to those
which least disturb the functioning of the Agreement. These measures
shall be notified immediately to the Cooperation Council if the
other Party so requests.
Article 100
Annexes I, II, III, IV and V together with the Protocol shall form
an integral part of this Agreement.
Article 101
This Agreement shall not, until equivalent rights for individuals
and economic operators have been achieved hereunder, affect rights
assured to them through existing Agreements binding one or more
Member States on the one hand and the Republic of Moldova on the
other except in areas falling within Community competence and
without prejudice to the obligations of Member States resulting from
this Agreement in areas falling within their competence.
Article 102
This Agreement shall apply, on the one hand, to the territories in
which the Treaties establishing the European Community, the European
Coal and Steel Community and the European Atomic Energy Community
are applied and under the conditions laid down in those Treaties
and, on the other hand, to the territory of the Republic of Moldova.
Article 103
The General Secretary of the Council of the European Union shall be
the depository of this Agreement.
Article 104
This Agreement is drawn up in one copy in the Danish, Dutch,
English, French, German, Italian, Spanish, Greek, Portuguese and
Moldovan languages, each of these texts being equally authentic.
Article 105
This Agreement will be approved by the Parties in accordance with
their own procedures.
This Agreement shall enter into force on the first day of the second
month following the date on which the Parties notify each other that
the procedures referred to in the first paragraph have been
completed.
Upon its entry into force, and as far as relations between the
Republic of Moldova and the Community are concerned, this Agreement
shall replace the Agreement between the European Economic Community,
the European Atomic Energy Community and the Union of Soviet
Socialist Republics on trade and economic and commercial cooperation
signed in Brussels on 18 December 1989.
Article 106
In the event that, pending the completion of the procedures
necessary for the entry into force of this Agreement, the provisions
of certain parts of this Agreement are put into effect in 1994 by
means of an Interim Agreement between the Community and the Republic
of Moldova, the Contracting Parties agree that, in such
circumstances, the term 'date of entry into force of the Agreement`
shall mean the date of entry into force of the Interim Agreement.
Hecho en Bruselas, el veintiocho de noviembre de mil novecientos
noventa y cuatro.
Udfördiget i Bruxelles den otteogtyvende november nitten hundrede og
fire og halvfems.
Geschehen zu BrŽssel am achtundzwanzigsten November
neunzehnhundertvierundneunzig.
øółżõ ėĮłĖ ĀęįžąūūõĖ, ėĮłĖ õčś˙ėł ˙śĮž Ķ˙õüņęč˙į ščūłń õżżłńśŽėłń
õżõżČżĮń Įąėėõęń.
Done at Brussels on the twenty-eighth day of November in the year
one thousand nine hundred and ninety-four.
Fait š Bruxelles, le vingt-huit novembre mil neuf cent
quatre-vingt-quatorze.
Fatto a Bruxelles, addü ventotto novembre
millenovecentonovantaquattro.
Gedaan te Brussel, de achtentwintigste november negentienhonderd
vierennegentig.
Feito em Bruxelas, em vinte e oito de Novembro de mil novecentos e
noventa e quatro.
Īntocmit la Bruxelles žn a dou Fazeci Ksi opta zi a lunii noiembrie
žn anul o mie nou Fa sute nou Fazeci Ksi patru.
Pour le Royaume de Belgique
Voor het Koninkrijk Belgiū
FŽr das KŠnigreich Belgien
>REFERENCE TO A GRAPHIC>
Põ Kongeriget Danmarks vegne
>REFERENCE TO A GRAPHIC>
FŽr die Bundesrepublik Deutschland
>REFERENCE TO A GRAPHIC>
Ćłń Į÷ż Åūū÷żłśČ Ä÷ü˙śęńĮčń
>REFERENCE TO A GRAPHIC>
Por el Reino de Espaęa
>REFERENCE TO A GRAPHIC>
Pour la Rłpublique fran÷aise
>REFERENCE TO A GRAPHIC>
Thar cheann Na hÉireann
For Ireland
>REFERENCE TO A GRAPHIC>
Per la Repubblica italiana
>REFERENCE TO A GRAPHIC>
Pour le Grand-Duchł de Luxembourg
>REFERENCE TO A GRAPHIC>
Voor het Koninkrijk der Nederlanden
>REFERENCE TO A GRAPHIC>
Pela RepŪblica Portuguesa
>REFERENCE TO A GRAPHIC>
For the United Kingdom of Great Britain and Northern Ireland
>REFERENCE TO A GRAPHIC>
Por las Comunidades Europeas
For De Europöiske Föllesskaber
FŽr die Europōischen Gemeinschaften
Ćłń ĮłĖ ÅįęųĘńŪśąĖ Ź˙łżŽĮ÷ĮõĖ
For the European Communities
Pour les Communautłs europłennes
Per le Comunitš europee
Voor de Europese Gemeenschappen
Pelas Comunidades Europeias
>REFERENCE TO A GRAPHIC>
Pentru Republica Moldova
>REFERENCE TO A GRAPHIC>
ANNEX I
INDICATIVE LIST OF ADVANTAGES GRANTED BY THE REPUBLIC OF MOLDOVA TO
THE INDEPENDENT STATES IN ACCORDANCE WITH ARTICLE 10(3)
1. Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan,
Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan.
No import duties are implemented.
No export duties are implemented as regards goods delivered under
clearing and interstate agreements within the volumes stipulated in
these agreements.
No VAT is applied on export and import. No excise is applied on
export.
Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan,
Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan - export
quotas for deliveries of products under annual interstate trade and
cooperation agreements are opened in the same way as for deliveries
for state needs.
2. Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan,
Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan.
Payments could be made in the national currency of these countries
or any other currencies accepted by the Republic of Moldova or these
countries.
Armenia, Azerbaijan, Belarus, Estonia, Georgia, Kazakhstan,
Lithuania, Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan -
special system of non-commercial operations, including payments
resulting from these operations.
3. Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan,
Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan - special
system of current payments.
4. Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan,
Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan - special
price system in trade with some raw materials and semi-finished
products.
5. Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan,
Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan - special
conditions of transit.
6. Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan,
Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan - special
conditions of customs procedures.
ANNEX II
EXCEPTIONAL MEASURES WHICH DEROGATE FROM THE PROVISIONS OF ARTICLE
13
1. Exceptional measures which derogate from the provisions of
Article 13 may be taken by the Republic of Moldova in the form of
quantitative restrictions on a non-discriminatory basis.
2. These measures may only concern infant industries, or certain
sectors undergoing restructuring or facing serious difficulties,
particularly where these difficulties produce important social
problems.
3. The total value of imports of the products which are subject to
these measures may not exceed 15 % of total imports from the
Community during the last year, prior to the introduction of any
quantitative restrictions for which statistics are available.
These provisions shall not be circumvented by increased tariff
protection on the imported goods concerned.
4. These measures may only be applied during a transitional period
ending 31 December 1998 unless parties agree otherwise, or when the
Republic of Moldova becomes a Contracting Party to GATT whichever is
earlier.
5. The Republic of Moldova shall inform the Cooperation Council of
any measures it intends to take under the terms of this Annex, and,
at the request of the Community, consultations shall be held in the
Cooperation Council on such measures and the sectors to which they
apply before they enter into force.
ANNEX III
INTELLECTUAL, INDUSTRIAL AND COMMERCIAL PROPERTY RIGHTS CONVENTIONS
REFERRED TO IN ARTICLE 49(2)
1. Paragraph 2 of Article 49 concerns the following multilateral
conventions:
- Berne Convention for the Protection of Literary and Artistic Works
(Paris Act, 1971),
- International Convention for the Protection of Performers,
Producers of Phonograms and Broadcasting Organisations (Rome, 1961),
- Protocol relating to the Madrid Agreement concerning the
International Registration of Marks (Madrid, 1989),
- Nice Agreement concerning the International Classification of
Goods and Services for the purposes of the Registration of Marks
(Geneva 1977, amended 1979),
- International Convention for the Protection of New Varieties of
Plants (UPOV) (Geneva Act, 1991).
2. The Cooperation Council may recommend that paragraph 2 of Article
49 shall apply to other multilateral conventions. If problems in the
area of intellectual, industrial, and commercial property affecting
trading conditions were to occur, urgent consultation shall be
undertaken, at the request of either Party, with a view to reaching
mutually satisfactory solutions.
3. The Parties confirm the importance they attach to the obligations
arising from the following multilateral conventions:
- Budapest Treaty on the International Recognition of the Deposit of
Micro-organisms for the purposes of Patent Procedures (1977,
modified in 1980),
- Paris Convention for the Protection of Industrial Property
(Stockholm Act, 1967 and amended in 1979),
- Madrid Agreement concerning the International Registration of
Marks (Stockholm Act, 1967, and amended in 1979),
- Patent Cooperation Treaty (Washington 1970, amended and modified
in 1984).
4. From the entry into force of this Agreement the Republic of
Moldova shall grant to Community companies and nationals, in respect
of the recognition and protection of intellectual, industrial and
commercial property, treatment no less favourable than that granted
by it to any third country under bilateral agreements.
5. The provisions of paragraph 4 shall not apply to advantages
granted by the Republic of Moldova to any third country on an
effective reciprocal basis or to advantages granted by the Republic
of Moldova to another country of the former USSR.
ANNEX IV
COMMUNITY RESERVATIONS IN ACCORDANCE WITH ARTICLE 29(1)(b)
Mining
In some Member States, a concession may be required for mining and
mineral rights for non-EC controlled companies.
Fishing
Access to and use of the biological resources and fishing grounds
situated in the maritime waters coming under the sovereignty or
within the jurisdiction of Member States of the Community is
restricted to fishing vessels flying the flag of a Community Member
State and registered in Community territory unless otherwise
provided for.
Real estate purchase
In some Member States, the purchase of real estate by non-EC
companies is subject to restrictions.
Audiovisual services including radio
National treatment concerning production and distribution, including
broadcasting and other forms of transmission to the public, may be
reserved to audiovisual works meeting certain origin criteria.
Telecommunications services including mobile and satellite services
Reserved services
In some Member States market access concerning complementary
services and infrastructures is restricted.
Professional services
Services reserved to natural persons nationals of Member States.
Under certain conditions those persons may create companies.
Agriculture
In some Member States national treatment is not applicable to non-EC
controlled companies which wish to undertake an agricultural
enterprise. The acquisition of vineyards by non-EC controlled companies is subject to notification, or, as necessary,
authorisation.
News agency services
In some Member States limitations of foreign participation in
publishing companies and broadcasting companies.
ANNEX V
MOLDOVAN RESERVATIONS IN ACCORDANCE WITH ARTICLE 29(2)(a)
Some aspects of the privatisation process are subject to conditions
or restrictions.
Acquisition and sale of agriculture lands and forests.
Organisation of gambling, betting, lotteries and other similar
activities.
Banking services:
The minimum capital requirement for a Moldovan subsidiary of a
company from third countries amounts to USD 2 million.
PROTOCOL on mutual assistance between administrative authorities in
customs matters
Article 1
Definitions
For the purposes of this Protocol:
(a) 'customs legislation` shall mean provisions applicable in the
territories of the Parties governing the import, export, transit of
goods and their placing under any customs procedure, including
measures of prohibition, restriction and control and adopted by the
said Parties;
(b) 'customs duties` shall mean all duties, taxes, fees or any other
charges which are levied and collected in the territories of the
Parties, in application of customs legislation, but not including
fees and charges which are limited in amount to the approximate
costs of services rendered;
(c) 'applicant authority` shall mean a competent administrative
authority which has been appointed by a Party for this purpose and
which makes a request for assistance in customs matters;
(d) 'requested authority` shall mean a competent administrative
authority which has been appointed by a Party for this purpose and
which receives a request for assistance in customs matters;
(e) 'contravention` shall mean any violation of the customs
legislation as well as any attempted violation of such legislation.
Article 2
Scope
1. The Parties shall assist each other, within their competences, in
the manner and under the conditions laid down in this Protocol, in
ensuring that customs legislation is correctly applied, in
particular by the prevention, detection and investigation of
contraventions of this legislation.
2. Assistance, in customs matters, as provided for in this Protocol,
applies to any administrative authority of the Parties which is
competent for the application of this Protocol. It shall not
prejudice the rules governing mutual assistance in criminal matters.
Nor shall it cover information obtained under powers exercised at
the request of the judicial authority, unless those authorities so
agree.
Article 3
Assistance on request
1. At the request of the applicant authority, the requested
authority shall furnish it with all relevant information to enable
it to ensure that customs legislation is correctly applied,
including information regarding operations noted or planned which
contravene or would contravene such legislation.
2. At the request of the applicant authority, the requested
authority shall inform it whether goods exported from the territory
of one of the Parties have been properly imported into the territory
of the other Party, specifying, where appropriate, the customs
procedure applied to the goods.
3. At the request of the applicant authority, the requested
authority shall take the necessary steps to ensure that a
surveillance is kept on:
(a) natural or legal persons of whom there are reasonable grounds
for believing that they are contravening or have contravened customs
legislation;
(b) movements of goods notified as possibly giving rise to
substantial contraventions of customs legislation;
(c) means of transport for which there are reasonable grounds for
believing that they have been, are or may be used in the
contravening of customs legislation;
(d) places where stocks of goods have been assembled in such a way
that there are reasonable grounds for supposing that they are
intended as supplies for operations contrary to the customs
legislation of the other Party.
Article 4
Spontaneous assistance
The Parties shall within their competences provide each other, in
accordance with their laws, rules and other legal instruments, with
assistance without prior request if they consider that to be
necessary for the correct application of customs legislation,
particularly when they obtain information pertaining to:
- operations which have contravened, contravene or would contravene
such legislation and which may be of interest to other Parties,
- new means or methods employed in realising such operations,
- goods known to be subject to substantial contravention of customs
legislation.
Article 5
Delivery/notification
At the request of the applicant authority, the requested authority
shall in accordance with its legislation take all necessary measures
- in order to deliver all documents,
- to notify all decisions,
falling within the scope of this Protocol to an addressee, residing
or established in its territory. In such a case Article 6(3) is
applicable.
Article 6
Form and substance of requests for assistance
1. Requests pursuant to this Protocol shall be made in writing.
Documents necessary for the execution of such requests shall
accompany the request. When required because of the urgency of the
situation, oral requests may be accepted, but must be confirmed in
writing immediately.
2. Requests pursuant to paragraph 1 of this Article shall include
the following information:
(a) the applicant authority making the request;
(b) the measure requested;
(c) the object of and the reason for the request;
(d) the laws, rules and other legal elements involved;
(e) indications as exact and comprehensive as possible on the
natural or legal persons being the target of the investigations;
(f) a summary of the relevant facts and of the enquiries already
carried out, except in cases provided for in Article 5.
3. Requests shall be submitted in an official language of the
requested authority or in a language acceptable to such authority.
4. If a request does not meet the formal requirements, its
correction or completion may be demanded; the ordering of
precautionary measures may, however, take place.
Article 7
Execution of requests
1. In order to comply with a request for assistance, the requested
authority or, when the latter cannot act on its own, the
administrative department to which the request has been addressed by
this authority, shall proceed, within its competence and available
resources, as though it were acting on its own account or at the
request of other authorities of that same Party, by supplying
information already possessed, by carrying out appropriate enquiries
or by arranging for them to be carried out.
2. Requests for assistance will be executed in accordance with the
laws, rules and other legal instruments of the requested Party.
3. Duly authorised officials of a Party may, with the agreement of
the other Party involved and within the conditions laid down by the
latter, obtain from the offices of the requested authority or other
authority for which the requested authority is responsible,
information relating to the contravention of customs legislation
which the applicant authority needs for the purposes of this
Protocol.
4. Officials of a Party may, with the agreement of the other Party
involved and within the conditions laid down by the latter, be
present at enquiries carried out in the latter's territory.
Article 8
Form in which information is to be communicated
1. The requested authority shall communicate results of enquiries to
the applicant authority in the form of documents, certified copies
of documents, reports and the like.
2. The documents provided for in paragraph 1 may be replaced by
computerised information produced in any form for the same purpose.
Article 9
Exceptions to the obligation to provide assistance
1. The Parties may refuse to give assistance as provided for in this
Protocol, where to do so would:
(a) be likely to prejudice sovereignty, public policy, security or
other essential interests; or
(b) involve currency or tax regulations other than regulations
concerning customs duties; or
(c) violate an industrial, commercial or professional secret.
2. Where the applicant authority asks for assistance which it would
itself be unable to provide if so asked, it shall draw attention to
that fact in its request. It shall then be left to the requested
authority to decide how to respond to such a request.
3. If assistance is withheld or denied, the decision and the reasons
therefore must be notified to the applicant authority without delay.
Article 10
Obligation to observe confidentiality
1. Any information communicated in whatsoever form pursuant to this
Protocol shall be of a confidential nature. It shall be covered by
the obligation of official secrecy and shall enjoy the protection
extended to like information under the relevant laws of the Party
which received it and the corresponding provisions applying to the
Community authorities.
2. Nominative data shall not be transmitted whenever there are
reasonable grounds to believe that the transfer or the use made of
the data transmitted would be contrary to the basic legal principles
of one of the Parties, and, in particular, if the person concerned
would suffer undue disadvantages. Upon request, the receiving Party
shall inform the furnishing Party of the use made of the information
supplied and of the results achieved.
3. Nominative data may only be transmitted to customs authorities
and, in the case of need for prosecution purposes, to public
prosecution and judicial authorities. Other persons or authorities
may obtain such information only upon previous authorisation by the
furnishing authority.
4. The furnishing Party shall verify the accuracy of the information
to be transferred. Whenever it appears that the information supplied
was inaccurate or to be deleted, the receiving Party shall be
notified without delay. The latter shall be obliged to carry out the
correction or deletion.
5. Without prejudice to cases of prevailing public interest, the
person concerned may obtain, upon request, information on the data
stores and the purposes of this storage.
Article 11
Use of information
1. Information obtained shall be used solely for the purposes of
this Protocol and may be used within each Party for other purposes
only with the prior written consent of the administrative authority
which furnished the information and shall be subject to any
restrictions laid down by that authority.
2. Paragraph 1 shall not impede the use of information in any
judicial or administrative proceedings subsequently instituted for
failure to comply with customs legislation.
3. The Parties may, in their records of evidence, reports and
testimonies and in proceedings and charges brought before the
courts, use as evidence information obtained and documents consulted
in accordance with the provisions of this Protocol.
Article 12
Experts and witnesses
An official of a requested authority may be authorised to appear,
within the limitations of the authorisation granted, as expert or
witness in judicial or administrative proceedings regarding the
matters covered by this Protocol in the jurisdiction of another
Party, and produce such objects, documents or authenticated copies
thereof, as may be needed for the proceedings. The request for an
appearance must indicate specifically on what matters and by virtue
of what title or qualification the official will be questioned.
Article 13
Assistance expenses
The Parties shall waive all claims on each other for the
reimbursement of expenses incurred pursuant to this Protocol,
except, as appropriate, for expenses to experts and witnesses and to
interpreters and translators who are not dependent upon public
services.
Article 14
Implementation
1. The management of this Protocol shall be entrusted to the central
customs authorities of the Republic of Moldova on the one hand and
the competent services of the Commission of the European Communities
and, where appropriate, the customs authorities of the Member States
of the European Union on the other. They shall decide on all
practical measures and arrangements necessary for its application,
taking into consideration rules in the field of data protection.
They may recommend to the competent bodies amendments which they
consider should be made to this Protocol.
2. The Parties shall consult each other and subsequently keep each
other informed of the detailed rules of implementation which are
adopted in accordance with the provisions of this Protocol.
Article 15
Complementarity
1. This Protocol shall complement and not impede the application of
any agreements on mutual assistance which have been concluded or may
be concluded between individual or several Member States of the
European Union and the Republic of Moldova. Nor shall it preclude
more extensive mutual assistance granted under such agreements.
2. Without prejudice to Article 11, these agreements do not
prejudice Community provisions governing the communication between
the competent services of the Commission and the customs authorities
of the Member States of any information obtained in customs matters
which could be of Community interest.
FINAL ACT
The plenipotentiaries of:
THE KINGDOM OF BELGIUM,
THE KINGDOM OF DENMARK,
THE FEDERAL REPUBLIC OF GERMANY,
THE HELLENIC REPUBLIC,
THE KINGDOM OF SPAIN,
THE FRENCH REPUBLIC,
IRELAND,
THE ITALIAN REPUBLIC,
THE GRAND DUCHY OF LUXEMBOURG,
THE KINGDOM OF THE NETHERLANDS,
THE PORTUGUESE REPUBLIC,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
Contracting Parties to the Treaty establishing the EUROPEAN
COMMUNITY, the Treaty establishing the EUROPEAN COAL AND STEEL
COMMUNITY, and the Treaty establishing the EUROPEAN ATOMIC ENERGY
COMMUNITY,
hereinafter referred to as 'the Member States`, and of
the EUROPEAN COMMUNITY, the EUROPEAN COAL AND STEEL COMMUNITY, and
the EUROPEAN ATOMIC ENERGY COMMUNITY, hereinafter referred to as
'the Community`,
of the one part, and
the plenipotentiaries of the REPUBLIC OF MOLDOVA,
of the other part,
meeting on the twenty-eighth day of November in the year one
thousand nine hundred and ninety-four for the signature of the
Partnership and Cooperation Agreement establishing a partnership
between the European Communities and their Member States, of the one
part, and the Republic of Moldova of the other part, hereinafter
referred to as the Agreement, have adopted the following texts:
the Agreement including its Annexes and the following Protocol:
Protocol on mutual assistance between administrative authorities in
customs matters
The plenipotentiaries of the Member States and of the Community and
the plenipotentiaries of the Republic of Moldova have adopted the
texts of the Joint Declarations listed below and annexed to this
Final Act:
Joint Declaration concerning Article 4 of the Agreement
Joint Declaration concerning Article 17 of the Agreement
Joint Declaration concerning Article 18 of the Agreement
Joint Declaration concerning Article 29 of the Agreement
Joint Declaration concerning Article 30 of the Agreement
Joint Declaration concerning the notion of 'control` in Article
31(b) and Article 42 of the Agreement
Joint Declaration concerning Article 49 of the Agreement
Joint Declaration concerning Article 99 of the Agreement
The plenipotentiaries of the Member States and of the Community and
the plenipotentiaries of the Republic of Moldova have further taken
note of the Unilateral Declaration by the French Government annexed
to this Final Act:
Unilateral Declaration by the French Government on its overseas
countries and territories
The plenipotentiaries of the Member States and of the Community and
the plenipotentiaries of the Republic of Moldova have also taken
note of the following Exchange of Letters annexed to this Final Act:
Exchange of Letters between the Community and the Republic of
Moldova in relation to the establishment of companies.
Hecho en Bruselas, el veintiocho de noviembre de mil novecientos
noventa y cuatro.
Udfördiget i Bruxelles den otteogtyvende november nitten hundrede og
fire og halvfems.
Geschehen zu BrŽssel am achtundzwanzigsten November
neunzehnhundertvierundneunzig.
øółżõ ėĮłĖ ĀęįžąūūõĖ, ėĮłĖ õčś˙ėł ˙śĮž Ķ˙õüņęč˙į ščūłń õżżłńśŽėłń
õżõżČżĮń Įąėėõęń.
Done at Brussels on the twenty-eighth day of November in the year
one thousand nine hundred and ninety-four.
Fait š Bruxelles, le vingt-huit novembre mil neuf cent
quatre-vingt-quatorze.
Fatto a Bruxelles, addü ventotto novembre
millenovecentonovantaquattro.
Gedaan te Brussel, de achtentwintigste november negentienhonderd
vierennegentig.
Feito em Bruxelas, em vinte e oito de Novembro de mil novecentos e
noventa e quatro.
Īntocmit la Bruxelles žn a dou Fazeci Ksi opta zi a lunii noiembrie
žn anul o mie nou Fa sute nou Fazeci Ksi patru.
Pour le Royaume de Belgique
Voor het Koninkrijk Belgiū
FŽr das KŠnigreich Belgien
>REFERENCE TO A GRAPHIC>
Põ Kongeriget Danmarks vegne
>REFERENCE TO A GRAPHIC>
FŽr die Bundesrepublik Deutschland
>REFERENCE TO A GRAPHIC>
Ćłń Į÷ż Åūū÷żłśČ Ä÷ü˙śęńĮčń
>REFERENCE TO A GRAPHIC>
Por el Reino de Espaęa
>REFERENCE TO A GRAPHIC>
Pour la Rłpublique fran÷aise
>REFERENCE TO A GRAPHIC>
Thar cheann Na hÉireann
For Ireland
>REFERENCE TO A GRAPHIC>
Per la Repubblica italiana
>REFERENCE TO A GRAPHIC>
Pour le Grand-Duchł de Luxembourg
>REFERENCE TO A GRAPHIC>
Voor het Koninkrijk der Nederlanden
>REFERENCE TO A GRAPHIC>
Pela RepŪblica Portuguesa
>REFERENCE TO A GRAPHIC>
For the United Kingdom of Great Britain and Northern Ireland
>REFERENCE TO A GRAPHIC>
Por las Comunidades Europeas
For De Europöiske Föllesskaber
FŽr die Europōischen Gemeinschaften
Ćłń ĮłĖ ÅįęųĘńŪśąĖ Ź˙łżŽĮ÷ĮõĖ
For the European Communities
Pour les Communautłs europłennes
Per le Comunitš europee
Voor de Europese Gemeenschappen
Pelas Comunidades Europeias
>REFERENCE TO A GRAPHIC>
Pentru Republica Moldova
>REFERENCE TO A GRAPHIC>
Joint Declaration concerning Article 4
It is the understanding of the Parties that should they proceed to
the negotiation of a free trade area in accordance with Article 4,
such negotiations should cover all products traded between the
Parties.
Joint Declaration concerning Article 17
The Community and the Republic of Moldova declare that the text of
the safeguard clause does not grant GATT safeguard treatment.
Joint Declaration concerning Article 18
It is understood that the provisions of Article 18 are neither
intended to, nor shall slow down, hinder or impede the procedures
provided for in the respective legislations of the Parties regarding
anti-dumping and subsidies investigations.
Joint Declaration concerning Article 29
Without prejudice to the reservations listed in Annexes IV and V and
to the provisions of Articles 43 and 46, the Parties agree that the
words 'in conformity with their legislation and regulations`
mentioned in paragraphs 1 and 2 of Article 29 mean that each Party
may regulate the establishment and operation of companies on its
territory, provided that these regulations do not create for the
establishment and operations of companies of the other Party any new
reservations resulting in a less favourable treatment than that
accorded to their own companies or to companies or branches or
subsidiaries of companies of any third country.
Joint Declaration concerning Article 30
Commercial presence of a Party's internal waterways transport
companies in the other Party's territory shall be governed in
accordance with legislation applicable within Member States or the
Republic of Moldova, until specific more favourable provisions
governing such commercial presence can be agreed upon, and if such
presence is not governed by other legislative instruments binding on
the Parties.
It is understood that a commercial presence shall take the form of
subsidiaries or branches as defined in Article 31.
Joint Declaration concerning the notion of 'control` in Article
31(b) and Article 42
1. The Parties confirm their mutual understanding that the question
of control shall depend on the factual circumstances of the
particular case.
2. A company shall, for example, be considered as being 'controlled`
by another company, and thus a subsidiary of such other company if:
- the other company holds directly or indirectly a majority of the
voting rights, or
- the other company has the right to appoint or dismiss a majority
of the administrative organ, of the management organ or of the
supervisory organ and is at the same time a shareholder or member of
the subsidiary.
3. Both Parties consider the criteria in paragraph 2 to be
non-exhaustive.
Joint Declaration concerning Article 49
The Parties agree that for the purpose of the Agreement,
intellectual, industrial and commercial property includes in
particular copyright, including the copyright in computer programs,
and neighbouring rights, the rights relating to patents, industrial
designs, geographical indications, including appellations of origin,
trade marks and service marks, topographies of integrated circuits
as well as protection against unfair competition as referred to in
Article 10a of the Paris Convention for the Protection of Industrial
Property and Protection of Undisclosed Information on Know-how.
Joint Declaration concerning Article 99
The Parties agree, for the purpose of its correct interpretation and
its practical application, that the term 'cases of special urgency`
included in Article 99 of the Agreement mean cases of material
breach of the Agreement by one of the Parties. A material breach of
the Agreement consists in:
(a) repudiation of the Agreement not sanctioned by the general rules
of international law, or
(b) violation of the essential elements of the Agreement set out in
Article 2.
Unilateral Declaration by the French Government
The French Republic notes that the Partnership and Cooperation
Agreement with the Republic of Moldova does not apply to the
overseas countries and territories associated with the European
Community pursuant to the Treaty establishing the European
Community.
EXCHANGE OF LETTERS between the Community and the Republic of
Moldova in relation to the establishment of companies
A. Letter from the Republic of Moldova
Dear Sir,
I refer to the Partnership and Cooperation Agreement initialled on
26 July 1994.
As I underlined during the negotiations, the Republic of Moldova
grants to Community companies establishing and operating in the
Republic of Moldova in certain respects a privileged treatment. I
explained that this reflects the Moldovan policy to promote by all
means the establishment of Community companies in the Republic of
Moldova.
With this in mind, it is my understanding that during the period
between the date of initialling of this Agreement and the entry into
force of the relevant articles on establishment of companies, the
Republic of Moldova shall not adopt measures or regulations which
would introduce or worsen discrimination of Community companies
vis-š-vis Moldovan companies or companies from any third country as
compared to the situation existing on the date of initialling of
this agreement.
I would be obliged if you could acknowledge receipt of this letter.
Please accept, Sir, the assurance of my highest consideration.
For the Government
of the Republic of Moldova
B. Letter from the Community
Dear Sir,
Thank you for your letter of today's date, which reads as follows:
'I refer to the Partnership and Cooperation Agreement initialled on
26 July 1994.
As I underlined during the negotiations, the Republic of Moldova
grants to Community companies establishing and operating in the
Republic of Moldova in certain respects a privileged treatment. I
explained that this reflects the Moldovan policy to promote by all
means the establishment of Community companies in the Republic of
Moldova.
With this in mind, it is my understanding that during the period
between the date of initialling of this agreement and the entry into
force of the relevant articles on establishment of companies, the
Republic of Moldova shall not adopt measures or regulations which
would introduce or worsen discrimination of Community companies
vis-š-vis Moldovan companies or companies from any third country as
compared to the situation existing on the date of initialling of
this agreement.
I would be obliged if you could acknowledge receipt of this letter.`
I can acknowledge receipt of this letter.
Please accept, Sir, the assurance of my highest consideration.
On behalf of the European Communities