{"html": "<div class=\"lf-doc\"><p class=\"lf-p\">Voor de Europese Gemeenschappen Pelas Comunidades Europeias &gt;REFERENCE TO A GRAPHIC&gt; Pentru Republica Moldova &gt;REFERENCE TO A GRAPHIC&gt; 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.</p>\n<p class=\"lf-p\">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.</p>\n<p class=\"lf-p\">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.</p>\n<p class=\"lf-p\">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.</p>\n<p class=\"lf-p\">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.</p>\n<p class=\"lf-p\">It is understood that a commercial presence shall take the form of subsidiaries or branches as defined in Article 31.</p>\n<p class=\"lf-p\">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.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">2.</span>A company shall, for example, be considered as being 'controlled` by another company, and thus a subsidiary of such other company if:</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">-</span>the other company holds directly or indirectly a majority of the voting rights, or</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">-</span>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.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">3.</span>Both Parties consider the criteria in paragraph 2 to be non-exhaustive.</div>\n<p class=\"lf-p\">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.</p>\n<p class=\"lf-p\">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</p>\n<h4 class=\"lf-art\"><span class=\"lf-art-num\">Article 2</span><span class=\"lf-art-t\">Unilateral Declaration by the French Government</span></h4>\n<p class=\"lf-p\">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.</p>\n<p class=\"lf-p\">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.</p>\n<p class=\"lf-p\">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.</p>\n<p class=\"lf-p\">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.</p>\n<p class=\"lf-p\">I would be obliged if you could acknowledge receipt of this letter.</p>\n<p class=\"lf-p\">Please accept, Sir, the assurance of my highest consideration.</p>\n<p class=\"lf-p\">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.</p>\n<p class=\"lf-p\">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.</p>\n<p class=\"lf-p\">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.</p>\n<p class=\"lf-p\">I would be obliged if you could acknowledge receipt of this letter.` I can acknowledge receipt of this letter.</p>\n<p class=\"lf-p\">Please accept, Sir, the assurance of my highest consideration.</p>\n<p class=\"lf-p\">On behalf of the European Communities</p></div>", "next": 0}