Este acuerdo establece una asociación entre las Comunidades Europeas y sus Estados miembros, y la República de…
Apie ką šis teisės aktas?
Este acuerdo establece una asociación entre las Comunidades Europeas y sus Estados miembros, y la República de Moldavia, para desarrollar sus relaciones políticas y económicas. Busca fomentar el comercio, la inversión y la cooperación en diversas áreas, apoyando la transición de Moldavia hacia una democracia y una economía de mercado.
Kam taikoma: Las Comunidades Europeas y sus doce Estados miembros (Bélgica, Dinamarca, República Federal de Alemania, Grecia, España, Francia, Irlanda, Italia, Luxemburgo, Países Bajos, Portugal, Reino Unido); La República de Moldavia.
Svarbiausia
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- Teisės sritis
- Komercinė ir bendrovių teisė
- Straipsniai
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Ką reguliuoja šis teisės aktas?
- La creación de un marco para el diálogo político entre las partes.
- La promoción del comercio, la inversión y las relaciones económicas.
- La cooperación legislativa, económica, social, financiera y cultural.
- El apoyo a la República de Moldavia para consolidar su democracia y desarrollar su economía de mercado.
Kam taikomas šis teisės aktas?
- Las Comunidades Europeas y sus doce Estados miembros (Bélgica, Dinamarca, República Federal de Alemania, Grecia, España, Francia, Irlanda, Italia, Luxemburgo, Países Bajos, Portugal, Reino Unido).
- La República de Moldavia.
Kokie yra pagrindiniai punktai?
- El respeto por la democracia, los principios del derecho internacional y los derechos humanos son elementos esenciales del acuerdo.
- Las partes se comprometen a considerar el establecimiento de una zona de libre comercio, consultándose en 1998 para evaluar las condiciones.
- Se establecerá un diálogo político regular para fortalecer los lazos y la convergencia de posiciones en asuntos internacionales.
- Las partes examinarán enmiendas al acuerdo, por mutuo consentimiento, tres años después de su entrada en vigor o cuando Moldavia se adhiera al GATT, lo que ocurra primero.
Komercinė ir bendrovių teisė
Įstatymo tekstas
Įstatymo tekstas
Turinys (107)
- ARTICLE 235 EEC ; PROVISIONS IMPLEMENTING ARTICLE 95 - ECSC
- Article 1 A Partnership is hereby established between the Community and its
- Article 2 Respect for democracy, principles of international law, and human
- Article 3 The Parties consider that it is essential for the future prosperity
- Article 4 The Parties undertake to consider, in particular when the Republic
- Article 5
- Article 6 A regular political dialogue shall be established between the
- Article 7 At ministerial level, political dialogue shall take place within the
- Article 8 Other procedures and mechanisms for political dialogue shall be set
- Article 9 Political dialogue at parliamentary level shall take place within
- Article 10 1. The Parties shall accord to one another most-favoured-nation
- Article 11 1. The Parties agree that the principle of free transit of goods is
- Article 12 Without prejudice to the rights and obligations stemming from
- Article 13 Goods originating in the Republic of Moldova and the Community
- Article 14 1. The products of the territory of one Party imported into the
- Article 15 The following Articles of the GATT shall be applicable mutatis
- Article 16
- Article 17 1. Where any product is being imported into the territory of one of
- Article 18 Nothing in this Title, and in Article 17 in particular shall
- Article 19 The Agreement shall not preclude prohibitions or restrictions on
- Article 20 This Title shall not apply to trade in textile products falling
- Article 21 1. Trade in products covered by the Treaty establishing the European
- Article 22 Trade in nuclear items will be conducted in accordance with the
- Article 23 1. Subject to the laws, conditions and procedures applicable in each
- Article 24 Coordination of social security
- Article 25 The measures to be taken in accordance with Article 24 shall not
- Article 26 The Cooperation Council shall examine which joint efforts can be
- Article 27 The Cooperation Council shall examine which improvements can be made
- Article 28 The Cooperation Council shall make recommendations for the
- Article 29 1. (a) The Community and its Member States shall grant for the
- Article 30
- Article 31 For the purposes of this Agreement:
- Article 32 1. Notwithstanding any other provisions of the Agreement, a Party
- Article 33 The provisions of this Agreement shall not prejudice the application
- Article 34 1. Notwithstanding the provisions of Chapter I, a Community company
- Article 35 1. The Parties shall use their best endeavours to avoid taking any
- Article 43 the situations covered by such Article 43 shall be
- Article 36 1. The Parties undertake in accordance with the provisions of this
- Article 37 The Parties shall cooperate with the aim of developing a
- Article 38 1. The Parties undertake to apply effectively the principle of
- Article 39 With a view to assuring a coordinated development of transport
- Article 40 1. The provisions of this Title shall be applied subject to
- Article 41 For the purpose of this Title, nothing in this Agreement shall
- Article 42 Companies which are controlled and exclusively owned by Moldovan
- Article 44 For the purposes of Chapters II, III and IV, no account shall be
- Article 45 1. The most-favoured-nation treatment granted in accordance with the
- Article 46 Without prejudice to Article 34, no provision of Chapters II, III
- Article 47 1. The Parties undertake to authorise in freely convertible
- Article 48 1. The Parties agree to work to remedy or remove through the
- Article 491 Pursuant to the provisions of this Article and of Annex III, the
- Article 50 1. The Parties recognise that an important condition for
- Article 51 1. The Community and the Republic of Moldova shall establish
- Article 52 Industrial cooperation
- Article 53 Investment promotion and protection
- Article 54 Public procurement
- Article 55 Cooperation in the field of standards and conformity
- Article 56 Mining and raw materials
- Article 57 Cooperation in science and technology
- Article 58 Education and training
- Article 59 Agriculture and the agro-industrial sector
- Article 60 Energy
- Article 61 Environment
- Article 62 Transport
- Article 63 Postal services and telecommunications
- Article 64 Financial services
- Article 65 Monetary policy
- Article 66 Money laundering
- Article 67 Regional development
- Article 68 Social cooperation
- Article 69 Tourism
- Article 70 Small and medium-sized enterprises
- Article 71 Information and communication
- Article 72 Consumer protection
- Article 73 Customs
- Article 74 Statistical cooperation
- Article 75 Economics
- Article 76 Drugs
- Article 77 The Parties undertake to promote, encourage and facilitate cultural
- Article 78 In order to achieve the objectives of this Agreement and in
- Article 79 This financial assistance shall be covered within the framework of
- Article 80 The objectives and the areas of the Community's financial assistance
- Article 81 In order to permit optimum use of the resources available, the
- Article 82 A Cooperation Council is hereby established which shall supervise
- Article 83 1. The Cooperation Council shall consist of the members of the
- Article 84 1. The Cooperation Council shall be assisted in the performance of
- Article 85 The Cooperation Council may decide to set up any other special
- Article 86 When examining any issue arising within the framework of this
- Article 87 A Parliamentary Cooperation Committee is hereby established. It
- Article 88 1. The Parliamentary Cooperation Committee shall consist of members
- Article 89 The Parliamentary Cooperation Committee may request relevant
- Article 90 1. Within the scope of this Agreement, each Party undertakes to
- Article 91 Nothing in the Agreement shall prevent a Party from taking any
- Article 92 1. In the fields covered by this Agreement and without prejudice to
- Article 93 1. Each of the two Parties may refer to the Cooperation Council any
- Article 94 The Parties agree to consult promptly through appropriate channels
- Article 95 Treatment granted to the Republic of Moldova hereunder shall in no
- Article 96 For the purposes of this Agreement, the term 'Parties` shall mean
- Article 97 In so far as matters covered by this Agreement are covered by the
- Article 98 This Agreement is concluded for an initial period of 10 years. The
- Article 99 1. The Parties shall take any general or specific measures required
- Article 100 Annexes I, II, III, IV and V together with the Protocol shall form
- Article 101 This Agreement shall not, until equivalent rights for individuals
- Article 102 This Agreement shall apply, on the one hand, to the territories in
- Article 103 The General Secretary of the Council of the European Union shall be
- Article 104
- Article 105 This Agreement will be approved by the Parties in accordance with
- Article 106 In the event that, pending the completion of the procedures
21998A0624(01) 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 Official Journal L 181 , 24/06/1998 p. 0003 - 0048 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 235EEC ; 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 1A 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:
TITLE I GENERAL PRINCIPLES
Article 2Respect 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 3The 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 4The 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 6A 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:
Article 7At ministerial level, political dialogue shall take place within the
Cooperation Council and on other occasions by mutual agreement.
Article 8Other procedures and mechanisms for political dialogue shall be set
up by the Parties, and in particular in the following forms:
Article 9Political 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 101. The Parties shall accord to one another most-favoured-nation
treatment in all areas in respect of:
Article 111. The Parties agree that the principle of free transit of goods is
an essential condition of attaining the objectives of this Agreement.
Article 12Without 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 13Goods 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 141. 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.
Article 15The 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 171. 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.
Article 18Nothing 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 19The 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 20This 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 211. 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.
The contact group shall exchange, on a regular basis, information on all coal and steel matters of interest to the Parties.
Article 22Trade 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 231. 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.
Article 24Coordination 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:
Article 25The 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 26The Cooperation Council shall examine which joint efforts can be
made to control illegal immigration, taking into account the principle and practice of readmission.
Article 27The 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 28The 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 291. (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.
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
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 31For 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 321. 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.
Article 33The 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 341. 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.
Article 351. 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.
Article 43the situations covered by such Article 43 shall be
solely governed by its provisions to the exclusion of any other.
CHAPTER III CROSS-BORDER SUPPLY OF SERVICES BETWEEN THE COMMUNITY
AND THE REPUBLIC OF MOLDOVA
Article 361. 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.
Article 37The Parties shall cooperate with the aim of developing a
market-oriented service sector in the Republic of Moldova.
Article 381. 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.
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.
Article 39With 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 401. The provisions of this Title shall be applied subject to
limitations justified on grounds of public policy, public security or public health.
Article 41For 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 42Companies 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 43Treatment 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 44For 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 451. 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.
Article 46Without prejudice to Article 34, no provision of Chapters II, III
and IV hereof shall be interpreted as giving the right to:
TITLE V CURRENT PAYMENTS AND CAPITAL
Article 471. 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.
TITLE VI COMPETITION, INTELLECTUAL, INDUSTRIAL AND COMMERCIAL
PROPERTY PROTECTION AND LEGISLATIVE COOPERATION
Article 481. 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.
2.1. 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.
2.6. The period defined in paragraphs 2.4 and 2.5 may be extended by agreement of the Parties.
Article 491Pursuant 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.
Article 501. 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.
TITLE VII ECONOMIC COOPERATION
Article 511. 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.
Article 52Industrial cooperation
Article 53Investment promotion and protection
Article 54Public 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 55Cooperation 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.
Article 56Mining and raw materials
Article 57Cooperation in science and technology
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.
Article 58Education and training
Article 59Agriculture 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 60Energy
Article 61Environment
Article 62Transport
The cooperation shall include, inter alia:
Article 63Postal services and telecommunications
Within their respective powers and competences the Parties shall expand and strengthen cooperation in the following areas:
Article 64Financial 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:
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 65Monetary 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 66Money laundering
Article 67Regional development
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 68Social cooperation
The cooperation shall include notably:
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 69Tourism
The Parties shall increase and develop cooperation between them, which shall include:
Article 70Small and medium-sized enterprises
Article 71Information 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 72Consumer 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 73Customs
Article 74Statistical 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:
The Community shall contribute to this end by rendering technical assistance to the Republic of Moldova.
Article 75Economics
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:
Article 76Drugs
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 77The 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 78In 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 79This financial assistance shall be covered within the framework of
TACIS foreseen in the Community's relevant Council regulation.
Article 80The 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 81In 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 82A 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 831. 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.
Article 841. 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.
Article 85The 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 86When 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 87A 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 881. 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.
Article 89The 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 901. 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.
Article 91Nothing 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 921. In the fields covered by this Agreement and without prejudice to
any special provisions contained therein:
Article 931. Each of the two Parties may refer to the Cooperation Council any
dispute relating to the application or interpretation of this Agreement.
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 94The 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 95Treatment 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 96For 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 97In 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 98This 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 991. 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.
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 100Annexes I, II, III, IV and V together with the Protocol shall form
an integral part of this Agreement.
Article 101This 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 102This 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 103The 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 105This 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 106In 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.
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.
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.
These provisions shall not be circumvented by increased tariff protection on the imported goods concerned.
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:
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 1Definitions
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 2Scope
Nor shall it cover information obtained under powers exercised at the request of the judicial authority, unless those authorities so agree.
Article 3Assistance on request
Article 4Spontaneous 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:
Article 5Delivery/notification
At the request of the applicant authority, the requested authority shall in accordance with its legislation take all necessary measures
Article 6Form and substance of requests for assistance
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.
Article 7Execution of requests
Article 8Form in which information is to be communicated
Article 9Exceptions to the obligation to provide assistance
Article 10Obligation to observe confidentiality
Article 11Use of information
Article 12Experts 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 13Assistance 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 14Implementation
They may recommend to the competent bodies amendments which they consider should be made to this Protocol.
Article 15Complementarity
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